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Home My WebLink AboutPackets - Council Packets (1870) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 17, 2024 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE For information on public comment procedures, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda. REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS Spotlight on Youth TOWN MANAGER'S REPORT ON CURRENT EVENTS ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING INFORMATIONAL ITEMS CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card. PRESENTATIONS 1.Presentation of graduating Youth Advisory Council (YAC) Members 2.Proclamation - Education and Sharing Day 3.Commendation from the Governor for the Town of Oro Valley's 50th Anniversary 4.Proclamation - Oro Valley's 50th Anniversary CONSENT AGENDA (Consideration and/or possible action) A.Minutes - April 3, 2024 B.Resolution No. (R)24-09, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program C.Resolution No. (R)24-10, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund equipment under the Operation Stonegarden program D.Resolution No. (R)24-11, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY 24-25 REGULAR AGENDA 1.PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING THE VISTOSO TRAILS NATURE PRESERVE MASTER PLAN 2.RESOLUTION NO. (R)24-12, PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING FUNDING A REPLACEMENT SHADE STRUCTURE PROJECT AT STEAM PUMP RANCH 3.DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN OF ORO VALLEY'S ROLE IN DESTINATION MARKETING ITEM A: DISCUSSION AND POSSIBLE ACTION REGARDING ORO VALLEY'S PARTICIPATION WITH VISIT TUCSON AND THE TOWN'S PLAN IN MARKETING THE TOWN AS A DESTINATION ITEM B: RESOLUTION NO. (R)24-13, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING THE TOWN OF ORO VALLEY AS THE OFFICIAL DESTINATION MARKETING ORGANIZATION FOR THE TOWN OF ORO VALLEY AND AUTHORIZING THE TOWN COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR TO SIGN THE REQUIRED DESTINATION MARKETING ORGANIZATION AFFIDAVIT FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item. POSTED: 4/12/24 at 5:00 p.m. by dt When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the Town Council prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience, you may address the Council on any matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation. Town Council Regular Session 1. Meeting Date:04/17/2024 Presentation - Graduating Youth Advisory Council (YAC) Members Subject Presentation of graduating Youth Advisory Council (YAC) Members Summary Attachments No file(s) attached. Town Council Regular Session 2. Meeting Date:04/17/2024 Proclamation - Education and Sharing Day Subject Proclamation - Education and Sharing Day Summary Attachments Proclamation Town Council Regular Session 3. Meeting Date:04/17/2024 Commendation from Governor for Town's 50th Anniversary Subject Commendation from the Governor for the Town of Oro Valley's 50th Anniversary Summary Attachments Commendation Town Council Regular Session 4. Meeting Date:04/17/2024 Proclamation - Oro Valley's 50th Anniversary Subject Proclamation - Oro Valley's 50th Anniversary Summary Attachments Proclamation Town Council Regular Session A. Meeting Date:04/17/2024 Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - April 3, 2024 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve with the following changes) the April 3, 2024, minutes. Attachments 4-3-24 Draft Minutes D R A F T MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 3, 2024 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Winfield called the meeting to order at 6:00 p.m. ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember Absent:Joyce Jones-Ivey, Councilmember PLEDGE OF ALLEGIANCE Mayor Winfield led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Clerk Mike Standish announced the upcoming Town Meetings and the Oro Valley Path Forward Community Events. MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS Mayor Winfield thanked the Oro Valley Parks and Recreation Department for hosting the annual Oro Valley Easter Eggstravaganza event. Mayor Winfield acknowledged the loss of Officer Adam Buckner of the Tucson Police Department, and expressed his condolences to his family, the City of Tucson, and law enforcement agencies. Officer Buckner was killed while responding to a call for service. TOWN MANAGER'S REPORT ON CURRENT EVENTS 4/3/24 Minutes, Oro Valley Town Council Regular Session 1 TOWN MANAGER'S REPORT ON CURRENT EVENTS Town Manager Jeff Wilkins reported on the following items. Reminder that the Oro Valley 50th Anniversary Parade will be held on Saturday, April 6, 2024. The Roche Exhibition of Art Celebrating the 50th Anniversary of the Town of Oro Valley, will end on May 3, 2024. The Oro Valley 50th Timeline will be coming soon. Encouraged citizens to tour Oro Valley's Public Art Exhibits. Naranja Park Grand Opening will take place in May 2024. Welcomed the following new business to Oro Valley; 3 Degrees Infrared Sauana Studio, Linda Vista Luxury Rentals, Lounge by Levitz, and Valerie Ogborn Psychologist. ORDER OF BUSINESS Mayor Winfield reviewed the order of business and stated the order would stand as posted. INFORMATIONAL ITEMS There were no informational items. CALL TO AUDIENCE Oro Valley resident Tim Tarris voiced his concerns regarding the proposed Oro Valley Church of the Nazarene project. PRESENTATIONS 1.Presentation and update by Amphitheater School District Superintendent Todd Jaeger, J.D. Amphitheater School District Superintendent Todd Jaeger presented updates regarding the Amphitheater School District and included the following: Amphitheater Quick Facts Our Programs at-a-Glance Pre-School for our youngest learners Thanks to the Town of Oro Valley Thank you for our SRO's! Amphitheater Public Schools Portrait Of A Graduate Challenges We Face Funding Perspective Operational Efficiency Teacher Pay Context School Performance - AZ Labels Discussion ensued amongst Council and staff regarding the Amphitheater School District presentation. 2.Proclamation - Week of the Young Child 4/3/24 Minutes, Oro Valley Town Council Regular Session 2 2.Proclamation - Week of the Young Child Mayor Winfield proclaimed the week of April 6th through April 12th as Week of the Young Child in Oro Valley. Community Engagement Coordinator for First Things First, Ms. Chinna Garza, accepted the proclamation. 3.Proclamation - National Public Safety Telecommunicators Week Mayor Winfield proclaimed the week of April 14th through April 20th as National Public Safety Telecommunicators Week in Oro Valley. Police Department Dispatch Supervisor, Mr. Ben Johnson, accepted the proclamation. CONSENT AGENDA Councilmember Bohen requested that Consent item (A) be removed from the Consent Agenda for discussion. B.Approval of appointment to the Historic Preservation Commission C.Approval regarding the proposed architecture for the Hampton Inn and Suites hotel located within the Oro Valley Marketplace near the northwest corner of Oracle Road and Water Harvest Way Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve Consent agenda items (B) and (C). Vote: 6 - 0 Carried A.Minutes - March 20, 2024 Councilmember Bohen requested clarification regarding the motion for approval and the motion to continue, regarding item #1, as referenced in the March 20, 2024, minutes. Town Attorney Nathan Rothschild provided clarification regarding the previous motions for item #1, as referenced in the March 20, 2024, minutes. Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve Consent agenda item (A) Vote: 6 - 0 Carried REGULAR AGENDA 1.REQUESTING FUNDING FOR THE CREATION OF AN ALTERNATIVE GOLF ROUTE AT PUSCH RIDGE GOLF COURSE ALONG HOLE #7 (Continued from 3/20/24) Public Works Director and Town Engineer Paul Keesler provided a brief update regarding the funding 4/3/24 Minutes, Oro Valley Town Council Regular Session 3 Public Works Director and Town Engineer Paul Keesler provided a brief update regarding the funding for the creation of an alternative golf route at Pusch Ridge Golf Course along hole #7. The following individuals spoke regarding item #1. Oro Valley resident Dan Talsma Oro Valley resident Scott Hunt Oro Valley resident Jerry Ward Discussion ensued amongst Council and staff regarding item #1. Councilmember Solomon motioned to approve funding an alternative golf pass to bypass the existing whole number 7 bridge for a total of $257,000, which includes $112,000 for construction of the paved alternative golf route, $65,000 to replace the existing irrigation main in the area that the work will be performed, and $80,000 for demolition and removal of the existing bridge. No second was received. Motion by Councilmember Steve Solomon, seconded by Mayor Joseph C. Winfield to ratify the original motion. Discussion continued amongst Council and staff regarding item #1. Motion by Councilmember Steve Solomon, seconded by Mayor Joseph C. Winfield to ratify the original motion. Vote: 0 - 6 Failed OPPOSED: Mayor Joseph C. Winfield Vice-Mayor Melanie Barrett Councilmember Tim Bohen Councilmember Harry Greene Councilmember Josh Nicolson Councilmember Steve Solomon Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve funding to replace the bridge with the bridge that is being proposed in kind. Discussion continued amongst Council and staff regarding item #1. Vice Mayor Barrett requested that the motion specify that funds come from the Community Center fund. Mayor Winfield agreed to the request, seconded by Councilmember Greene. Mayor Winfield recessed the meeting at 8:08 p.m. Mayor Winfield reconvened the meeting at 8:20 p.m. Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene FINAL MOTION, to approve funding from the Community Center fund, to replace the bridge. Vote: 6 - 0 Carried 2.PUBLIC HEARING: ORDINANCE NO. (O)24-05, AMENDING SECTION 6-10-5 OF THE TOWN 4/3/24 Minutes, Oro Valley Town Council Regular Session 4 2.PUBLIC HEARING: ORDINANCE NO. (O)24-05, AMENDING SECTION 6-10-5 OF THE TOWN CODE TO DECREASE THE NUMBER OF MEMBERS ON THE HISTORICAL PRESERVATION COMMISSION FROM SEVEN (7) TO FIVE (5) MEMBERS Councilmember Solomon introduced the item and explained the reason it was requested. Discussion ensued amongst Council and staff regarding item #2. Mayor Winfield opened the public hearing. No comments were received. Mayor Winfield closed the public hearing. Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to adopt Ordinance No. (O)24-05, amending Section 6-10-5 of the Town Code to decrease the number of members on the Historical Preservation Commission from seven (7) to five (5) members. Vote: 6 - 0 Carried 3.RESOLUTION NO. (R)24-08, DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS TO THE TOWN OF ORO VALLEY COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN Communtiy and Economic Development Director Paul Melcher presented item #3 and included the following: Why: FY23-25 Town Council Strategic Plan Objective Amendments Summary Notes Amendment #1: Combine Objectives 1.1.3 and 1.5.2 Amendment #2: Make Objective 1.1.4 into an ongoing item Amendment #3: Make Objective 1.2.1 into an ongoing item Amendment #4: Combine Objectives 1.1.1, 1.2.3, 1.4.2, 1.4.3, 1.4.5. Amendment #5: Clarification and work plan established for Objective 1.2.4 Amendment #6: Combine Objectives 1.2.6 and 1.2.7 Amendment #7: Clarify Objective 1.2.8 Amendment #8: Amend Objective 1.5.1, to become a needs assessment for a co-working space Amendment #9: Combine Objectives 1.7.2 and 1.7.4 Amendment #10: Combine Objectives 1.4.4 and 1.7.3 Amendment #11: Clarify Objective 1.7.5 and combine with Objective 1.8.1 Amendment #12: Combine Objectives 1.9.2 and 1.10.2 Amendment #13: Amend Objective 1.8.2 to expand its scope related to cultural and performing arts Recommended Action Council provided discussion and addressed questions as the presentation was provided. Council provided guidance and direction to staff regarding item #3. The following individuals spoke regarding item #3. Oro Valley resident Charlie Hurt Oro Valley resident Dick Eggerding Oro Valley resident Judi Rodman Oro Valley resident Bill Rodman Oro Valley resident Gene Abravaya 4/3/24 Minutes, Oro Valley Town Council Regular Session 5 Discussion continued amongst Council and staff regarding item #3. Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to approve the amended Economic Development Strategy, amending section 1.8.2 to say; collaborate with public and private tourism partners/businesses, to develop a more robust destination visitor strategy, including, but not limited to strategies related to cultural and performing arts, sports and recreation, outdoor activities and other opportunities that take advantage of facilities and amenities in Oro Valley and its immediate surrounds, and amending 1.2.1 to say; support the development of the planned UA Center for Innovation at Oro Valley incubator/accelerator at Innovation Park, including review of current performance and consideration of a future facility and operational expansions supported by the town and local stakeholders. Vote: 6 - 0 Carried 4.CONSIDERATION AND ACCEPTANCE OF THE ORO VALLEY WATER UTILITY ANNUAL REPORT, DATED APRIL 2024 Water Utility Director Peter Abraham presented item #4 and included the following: Water Utility Annual Report Water Utility Commission Highlights Financial Highlights Customer Service Water Operations Engineering & Planning Water Resources Water Resources - Continued Conservation Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to accept the Water Utility Annual Report, dated April 2024. Discussion ensued amongst Council and staff regarding item #4. Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to accept the Water Utility Annual Report, dated April 2024. Vote: 6 - 0 Carried FUTURE AGENDA ITEMS Councilmember Solomon requested a future agenda item for the April 17, 2024, Council meeting to include discussion and possible action regarding Oro Valley's participation with Visit Tucson, seconded by Councilmember Nicolson. ADJOURNMENT Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to adjourn the meeting at 9:38 p.m. Vote: 6 - 0 Carried 4/3/24 Minutes, Oro Valley Town Council Regular Session 6 ____________________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 3rd day of April 2024. I further certify that the meeting was duly called and held and that a quorum was present. _____________________________________________ Mike Standish, CMC Town Clerk 4/3/24 Minutes, Oro Valley Town Council Regular Session 7 Town Council Regular Session B. Meeting Date:04/17/2024 Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)24-09, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: For several years, the Arizona Department of Homeland Security (AZDOHS) has partnered with the Town of Oro Valley Police Department (OVPD), providing funding for Operation Stonegarden to include overtime and mileage, as well as the purchase of critical equipment. On April 1, 2024, OVPD was provided a notice awarding the funding for overtime and mileage. OVPD wishes to enter into a subgrantee agreement with AZDOHS to fund overtime and mileage for officers to be deployed under the Operation Stonegarden program. BACKGROUND OR DETAILED INFORMATION: The grant application was made in order to work in a regional partnership with other local law enforcement agencies and the U.S. Border Patrol Tucson Sector to reduce crime and improve the quality of life for the residents and visitors of Oro Valley. This grant will use targeted deployments of officers and canine units to impact the flow of smugglers engaged in human trafficking and illegal contraband, as well as possible terrorists who intend to cause harm or commit crimes against this nation. FISCAL IMPACT: The capacity exists in the current FY 23/24 budget, and it is requested in the FY 24/25 budget to accept this grant award for a total of $277,063. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)24-09, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program. Attachments PDF_Council Communication (R)24-09 2024 Stonegarden OT & Mileage Stonegarden OT & Mileage Agreement RESOLUTION NO. (R)24-09 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DELEGATING AUTHORITY TO THE ORO VALLEY CHIEF OF POLICE TO SIGN AND ENTER A SUBGRANTEE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF HOMELAND SECURITY TO FUND OVERTIME AND MILEAGE UNDER THE OPERATION STONEGARDEN PROGRAM; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, the Arizona Department of Homeland Security (AZDOHS) requires participating jurisdictions to enter into a Subgrantee Agreement to receive the funds granted under the Operation Stonegarden Program; and WHEREAS, the Town of Oro Valley’s allocation under the grant is a maximum of $277,063 which will be used to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection; and WHEREAS, it is in the best interest of the Town of Oro Valley to delegate authority to the Oro Valley Chief of Police to enter the Subgrantee Agreement (attached hereto as Exhibit “A” and incorporated herein by this reference) in order to receive funds which will be used to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that: SECTION 1. Authority is delegated to the Oro Valley Chief of Police to enter the Subgrantee Agreement between the Town of Oro Valley, for the benefit of the Oro Valley Police Department, and the Arizona Department of Homeland Security, attached hereto as Exhibit “A” and incorporated herein by this reference, to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. SECTION 2. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 3. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Subgrantee Agreement attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 17th day of April, 2024. TOWN OF ORO VALLEY, ARIZONA ______________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 1 SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM OVERTIME-MILEAGE 23-AZDOHS-OPSG-___________ (Enter Subrecipient Agreement number above (e.g., 230XXX-XX) Between The Arizona Department of Homeland Security And (Enter the name of the Subrecipient Agency above) UEI Number___________ (Enter the UEI number above) WHEREAS, ARS 41-4254 makes AZDOHS responsible for administering the funds covered by this agreement (“Agreement”), the parties hereby agree to the following terms: 1.Purpose of Agreement This Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to Subrecipient, and to specify the rights and responsibilities of Subrecipient as the recipient of these funds. 2.Period of Performance This Agreement shall become effective on April 1, 2024 and shall terminate on March 31, 2025 (the “Period of Performance”). The obligations of the Subrecipient as described herein will survive termination of this agreement. 3.Description of Services The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient’s grant application titled: “OPSG OVERTIME-MILEAGE” and funded at $_________ (as may have been modified by the award letter). (Enter funded award amount above) 4.Financing and Fiscal Responsibility Under US Department of Homeland Security (“USDHS”) grant EMW-2023-SS-00018-S01 and Catalog of Federal Domestic Assistance (“CFDA”) #97.067, AZDOHS shall provide up to $ to Subrecipient under this Agreement. Payment to Subrecipient must be on a reimbursement basis only, conditioned upon Subrecipient providing AZDOHS with proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by AZDOHS. A list of acceptable documentation is at www.azdohs.gov. Payments are contingent on Subrecipient performing all its obligations under this Agreement. Subrecipient may use the funds provided under this Agreement only as provided in the application and award documentation. If Subrecipient does not complete all its obligations, Subrecipient must immediately reimburse all previously- provided funds to AZDOHS. If Subrecipient completes its obligations at a lower than the budgeted cost, the amount reimbursed to Subrecipient will be only the amount actually spent by Subrecipient in accordance with the approved application. For any expenditure disallowed after or otherwise by AZDOHS, or the State or Federal government, Subrecipient must immediately reimburse such funds to AZDOHS. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 2 5. Reporting Requirements Subrecipient must submit quarterly programmatic reports to AZDOHS as follows: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) Subrecipient must use the Quarterly Programmatic Report form (https://azdohs.gov/grant- program-forms) for these reports. Subrecipient must provide detailed information on the status of completion of the planned activities in the approved application satisfactory to AZDOHS in its sole discretion. Failure to adequately provide such information will result in the Quarterly Programmatic Report being rejected by AZDOHS and resubmission will be required. If the program has been fully completed so that there will be no further updates, then the quarterly report for the quarter in which the program was completed will be the final report; the report should be marked as “final” and must include all pertinent information regarding the program as determined solely by AZDOHS. Final Quarterly Programmatic Report: The final quarterly programmatic report is due no more than 15 calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). 6. Reimbursements Subrecipient must provide AZDOHS with requests for reimbursement as frequently as monthly but not less than quarterly; submissions must be made via US Mail, delivery service (FedEx, UPS, etc.) or in person; submissions via fax or by any electronic means will not be accepted. Reimbursement requests shall be submitted with the Reimbursement Form provided by AZDOHS staff. AZDOHS has the right to require Subrecipient to provide any documentation and/or information AZDOHS deems necessary to process submissions. Reimbursement requests are only required when expenses have been incurred. The Subrecipient shall submit a final reimbursement request, marked as such, for expenses received and invoiced prior to the end of the period of performance. The final reimbursement must be received by AZDOHS no more than 45 calendar days after the end of the period of performance. Requests for reimbursement received by AZDOHS later than 45 calendar days after the end of the period of performance will not be paid. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Paragraph 2 of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (e.g. cell phone service) will be deemed unallowable and will not be reimbursed. 7. Environmental Planning and Historic Preservation Subrecipient must comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive Orders as applicable. See https://www.fema.gov/media-library-data/1533321728657- 592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final Amendment_GPD_final_508.pdf and https://azdohs.gov/environmental-and-historic-preservation-ehp. Subrecipients proposing programs with potential environmental impact must participate in the USDHS/Federal Emergency Management Agency (FEMA) EHP review process. Subrecipient must complete the EHP review 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 3 process before funds will be released by AZDOHS. If Subrecipient engages in ground disturbing activities, Subrecipient must monitor ground disturbance. If archeological resources are discovered, Subrecipient must immediately (a) cease construction and (b) notify FEMA, AZDOHS, and the Arizona State Historic Preservation Office. AZDOHS/DHS/FEMA will not fund or reimburse projects that are initiated without the required EHP review. 8. Procurement (including Noncompetitive Procurement) Subrecipient must comply with its procurement rules/policies, all Federal procurement rules/policies, and all Arizona Procurement Code provisions and rules, the most restrictive of which will apply. Subrecipient must not enter into a noncompetitive procurement unless AZDOHS grants prior written approval via the Noncompetitive Procurement Request form at https://azdohs.gov/grant-program -forms. 9. Property Control Subrecipient must safeguard and maintain control and accountability for all property/equipment purchased under this Agreement, and Subrecipient must assure that it is used only for purposed authorized under this Agreement and maintained as provided in 2 CFR 200.313. Such property/equipment shall be used by Subrecipient in the program for which it was acquired as long as needed, whether or not the program continues to be supported by Federal grant funds. Subrecipient must immediately investigate and report to AZDOHS any loss, damage, or theft. Subrecipient must replace any property/equipment lost, damaged or stolen at Subrecipient’s expense, and must immediately submit an updated Property Control Form (https://azdohs.gov/grant-program-forms) to AZDOHS. “Nonexpendable Property/Equipment” is property that has a continuing use, is not consumed in use, has an expected life of one year or more, costs $5,000 or more per unit, and does not become a fixture or lose its identity as a component of other equipment/systems, while a “Capital Asset” is personal or real property or a fixture costing $5,000 or more per unit with an expected life of one year or more. Subrecipient is solely responsible for the proper maintenance of all Nonexpendable Property/Equipment and Capital Assets acquired under this Agreement Subrecipient must take a physical inventory of all such Nonexpendable Property/Equipment and Capital Assets and reconcile the results with the Property Control Form at least once every two years. Subrecipient must maintain a control system to prevent loss, damage, or theft of such Nonexpendable Property/Equipment and Capital Assets, and Subrecipient must immediately report any loss, damage, or theft to AZDOHS. A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient, if applicable, shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. When Subrecipient is no longer using Nonexpendable Property/Equipment and/or Capital Assets acquired under this Agreement on the program, Subrecipient must immediately submit an updated Property Control Form to AZDOHS, and any disposition must be in compliance with AZDOHS Disposition Guidance (https://azdohs.gov/grant-program-forms) and 2 CFR Part 200, including specifically 2 CFR 200.313. If Subrecipient seeks disposition of such Nonexpendable Property/Equipment or Capital Assets for any reason other than theft, destruction, or loss, Subrecipient must submit an Equipment Disposition Request Form (https://azdohs.gov/grant- program-forms) to AZDOHS and receive approval from AZDOHS prior to disposition. Subrecipient must update the Property Control Form and provide a copy to AZDOHS within 45 calendar days after disposition. Per 2 CFR 200.333(c), Subrecipient must retain all records relating to such Nonexpendable Property/Equipment and Capital Assets for 3 years after disposition. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 4 10. Training and Exercise All training and/or exercise events must be included in Subrecipient’s application. Alternate/additional training/exercise requests must be approved in advance by AZDOHS. Subrecipient must submit a Project Modification Request Form (https://azdohs.gov/grant-program-forms) for review and approval by AZDOHS prior to scheduling alternate/additional training/exercise events. For those projects that are managed by DEMA, alternate/additional training requests must be approved in advance by DEMA and AZDOHS using the Pre-approval form (https://dema.az.gov/emergency-management/preparedness/training). All exercises must comply with FEMA Homeland Security Exercise and Evaluation Program (https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep; “HSEEP”) guidance. Subrecipient will (a) Submit an exercise summary and attendance/sign-in roster; and (b) Email the After Action Report/Improvement Plan to the local County Emergency Manager, AZDOHS, and the DEMA Exercise Branch, within 90 days of completion of an exercise or as prescribed by HSEEP. 11. Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include: a description of services; dates of services; number of hours for services performed; rate charged; and the total cost of services. Rates must be within the prevailing rates; must be consistent with Subrecipient’s procurement policies and 2 CFR Part 200; and shall not exceed $650 per day per consultant/trainer/training provider unless AZDOHS grants prior written approval. This includes internal personnel hired on backfill/overtime to deliver training. Subrecipient will not be reimbursed costs other than travel, lodging, meals, and incidentals on travel days for consultants/trainers/training providers, at rates not to exceed State rates, and itemized receipts are required. See Travel Costs below, at Paragraph 12. 12. Travel Costs All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of Subrecipient’s policies and procedures, and the State of Arizona Accounting Manual (https://gao.az.gov/publications/saam), which Subrecipient must apply uniformly to both Federally financed and its other activities. AZDOHS will reimburse at the most restrictive allowability and rates. At no time will Subrecipient’s reimbursements exceed the State rates established by the Arizona Department of Administration: https://gao.az.gov/travel. 13. Contractors/Subcontractors Subrecipient may enter into written subcontract(s) in accordance with 2 CFR Part 200 and the NOFO. No subcontract that the Subrecipient enters into relieves Subrecipient of any responsibilities under this Agreement. Subrecipient must give AZDOHS immediate notice in writing of any action filed or claim made against Subrecipient by any subcontractor or vendor. 14. Allowable Costs The allowability of costs incurred under this Agreement shall be determined by AZDOHS in its sole discretion and in accordance with the general principles and standards set forth in the CFR, FEMA Authorized Equipment List (https://www.fema.gov/grants/tools/authorized-equipment-list), and guidance documents (i.e. NOFO, Preparedness Grants Manual, Information Bulletins). Subrecipient’s use of grant funds for indirect costs must be in accordance with 2 CFR Part 200 and the NOFO. Subrecipient must apply to AZDOHS for its written approval of indirect costs prior to expenditure. Subrecipient may not expend grant funds for Management and Administrative costs for administering such funds without prior written approval of AZDOHS. 15. Amendments Any change in this Agreement including but not limited to the Description of Services, Period of Performance and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representatives of the Subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s reimbursement, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 5 Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. 16.Audit/Monitoring a.Subrecipient must comply with the record-keeping and other requirements of ARS 35-214 and 35-215, and shall ensure that its contractors and subcontractors at all tiers also comply. b. Under 31 USC 7501-7507and 2 CFR 200.501, Subrecipient will be subject to audit per 2 CFR Part 200, if Subrecipient expended $750,000 or more in Federal awards in its previous fiscal year. If Subrecipient has met or exceeded this threshold, Subrecipient must submit to AZDOHS a copy of Subrecipient’s single audit or program specific audit report for the previous fiscal year (and for subsequent fiscal years that fall within the Period of Performance) annually, within 9 months of Subrecipient’s fiscal year end. Subrecipients not subject to this requirement must submit to AZDOHS via audits@azdohs.gov a statement that they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. c.Failure of Subrecipient to comply with any requirements resulting from an audit will suspend reimbursement by AZDOHS to Subrecipient and Subrecipient will not be eligible for any new award, until Subrecipient is in complete compliance. AZDOHS will monitor Subrecipient to ensure that program goals, objectives, performance requirements, timelines, planned objectives, budgets, and all other related program criteria are being met. Subrecipient must comply with applicable provisions governing USDHS access to records, accounts, documents, information, facilities, and staff and must require any contractors, successors, transferees, and assignees to comply with these same provisions. Subrecipient must cooperate with any review or investigation conducted by USDHS and/or AZDOHS. Subrecipient must give USDHS and AZDOHS access to and the right to copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as deemed necessary by USDHS or AZDOHS. Subrecipient must submit timely, complete, and accurate reports to the appropriate USDHS and AZDOHS officials and maintain appropriate backup documentation. Subrecipient must comply with all reporting, data collection, and evaluation requirements prescribed by law or in program guidance. 17.Notice of Funding Opportunity (NOFO) Subrecipient must comply with the Notice of Funding Opportunity (NOFO). The terms of the NOFO are hereby incorporated into this Agreement. 18.National Incident Management System Subrecipient must remain in compliance with National Incident Management System implementation initiatives as provided in the NOFO. 19.Communications Equipment All Land Mobile Radio equipment purchased must comply with: (a) P25 (Project 25) standards (https://www.cisa.gov/safecom); (b) SAFECOM Guidance (https://www.cisa.gov/safecom); (c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide Interoperability Executive Committee (https://www.azdps.gov/services/government/swic); and (d) Arizona's State Interoperable Priority Programming Guide (https://www.azdps.gov/services/government/swic). 20.Nonsupplanting Agreement Subrecipient must not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources, and may be required to document this. If a position created by this Agreement is filled from within, the resulting vacancy 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 6 must be filled within 30 days, and if not, Subrecipient must stop charging the grant for the new position; upon filling the vacancy, Subrecipient may resume charging for the position. A cost allocable to a particular Federal award provided for in 2 CFR Part 200 Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal award(s), or any other reason. However, Subrecipient from may shift costs allowable under two or more Federal awards if allowed by Federal statute, regulation, or the terms of the Federal award(s). 21.E-Verify Subrecipient must comply with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to ARS 23-214(A) and ARS 41-4401. A breach of this obligation is a material breach of this Agreement and Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. AZDOHS will have the right to inspect the papers of any Subrecipient employee who works on this Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient. 22.Research and Development Subrecipient may not use funds obtained under this Agreement for research/development. 23.Funds Management Subrecipient must maintain funds received under this Agreement in separate accounts and cannot mix these funds with funds from other sources. Subrecipient must manage funds according to all applicable Federal regulations, including 2 CFR Part 200 and specifically 2 CFR 200.302. Subrecipient must maintain the following business systems: •Financial Management •Procurement •Personnel •Property •Travel To be adequate, a business system must be 1) complete and in writing; and 2) consistently followed – Subrecipient must apply it in all circumstances, regardless of funding source. 24.Reporting of Matters Related to Recipient Integrity and Performance If the total of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 at any time during the Period of Performance, Subrecipient must comply with Appendix XII to 2 CFR Part 200. 25. Nondiscrimination Subrecipient must comply with the following that apply to this Federally- funded program: a.29 USC 794, which bars discrimination against qualified handicapped individuals solely by reason of the handicap; b.42 USC 2000d et seq., 6 CFR Part 21, and 44 CFR Part 7, which bar discrimination on grounds of race, color, or national origin (which requires Subrecipient to take reasonable steps to provide accommodation to persons with Limited English Proficiency; Subrecipient must refer to the USDHS Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and the resources at http://www.lep.gov); c.All State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 7 (https://azgovernor.gov/governor/executive-order/2020-09) and 42 USC 12101-12213 (which bar discriminating on the basis of disability; d.42 USC 6101 et seq., which prohibits discrimination on the basis of age; e.The equal treatment policies and requirements contained in 6 CFR Part 19 and other applicable statutes, regulations, and guidance governing faith-based organizations; f.20 USC 1681 et seq. and 6 CFR Part 17 and 44 CFR Part 19, which bars discrimination on the basis of sex; and g.42 USC 3601 et seq. and 24 CFR Part 100, which prohibit discrimination in the sale, rental, financing, and advertising of dwellings, or in the provision of related services, on the basis of race, color, national origin, religion, disability, familial status, and sex. 26.Intellectual Property Subrecipient must affix the copyright notices required by 17 USC 401 and 402 and include an acknowledgement of Government sponsorship (including award number) to any work first produced under this Agreement. Unless otherwise provided by law, Subrecipient is subject to 35 USC 200-212 and is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards that are in 37 CFR Part 401, including specifically 37 CFR 401.14. Subrecipient must obtain USDHS’s approval prior to using the USDHS seal(s), logos, crests or reproductions of flags or likenesses of USDHS agency officials. Subrecipient agrees that USDHS and AZDOHS have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use: (a) the copyright in any work developed under an award or sub-award; and (b) any rights of copyright to which Subrecipient purchases ownership with Federal support. Subrecipient must acknowledge its use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing programs funded in whole or in part with Federal funds. Subrecipient must not advertise or publish information for commercial benefit concerning this Agreement without the prior written approval of AZDOHS. 27.Activities Conducted Abroad Subrecipient must ensure that program activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 28.Federal Debt Status Subrecipient must not be delinquent on any Federal obligations, including but not limited to payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 (https://fiscal.treasury.gov/files/dms/circ-a129-upd- 0113.pdf). 29.Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Subrecipients must comply with the Office of Management and Budget (OMB), Memorandum M-22-11 (https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf), which provides Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. 30.Compliance with Certain Federal Statutes, Regulations, and Requirements a.Subrecipient must comply with the 31 USC 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the Federal government; 31 USC 3801-3812 detail the remedies for false or fraudulent claims made. b.Subrecipient must comply with 42 USC 6201 et seq., which contain policies relating to energy efficiency that are defined in the State energy conservation plan issued 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 8 c.Subrecipient must comply with the drug-free workplace requirements in 2 CFR Part 3001 and 41 USC 8101-8106. d.Subrecipient is prohibited from acquiring certain Chinese and Russian telecommunications equipment, systems, and services as provided in FEMA Policy #405-143- 1(https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition- covered-services-equipment-gpd.pdf) ; 2 C.F.R. sections 200.216, 200.327, 200.471 and Appendix II to 2 C.F.R. Part 200; 48 CFR 4.2100 et seq.; 48 CFR 52.204-25; 48 CFR 52.212- 3; 48 C.F.R. 204.2100 et seq.; and 48 C.F.R. 252.204-7018 1. e.If grant funds are used for construction, Subrecipient and its contractors and subcontractors at all tiers must comply with the Davis-Bacon Act (40 USC 3141 et seq.). Subrecipients must obtain AZDOHS’ written approval before using Homeland Security Grant Program (“HSGP”) funds for construction/renovation per https://www.dol.gov/whd/govcontracts/dbra.htm. f.Subrecipient must maintain insurance coverage as provided in 2 CFR 200.310. Subrecipient must provide at least the equivalent insurance coverage for real property and equipment acquired or improved under this Agreement as provided to property owned by Subrecipient. g.Subrecipient must comply with 42 USC 6962, including procuring only items designated in the Environmental Protection Agency (“EPA”) guidelines at 40 CFR Part 247 as containing the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. h.Subrecipient must comply with all Federal whistleblower protections, including 41 USC 4712. i.Subrecipient must comply with the PATRIOT Act, P.L. 107-56), including 18 USC 175-175c. j.Subrecipient must comply with the System for Award Management and Universal Identifier Requirements in 2 CFR, Appendix A to Part 25. k.Subrecipient must comply with the Trafficking Victims Protection Act, 22 USC 7101 et seq., as required by 2 CFR 175.15. l.Subrecipient must comply with US Executive Order 13224 (https://www.state.gov/executive- order-13224/) and all US laws that prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. m.Subrecipient must comply with the requirements on Reporting Subawards and Executive Compensation in Appendix A to 2 CFR Part 170. n.Subrecipient is subject to the debarment and suspension regulations in US Executive Order 12549 (https://www.archives.gov/federal-register/codification/executive-order/12549.html) and US Executive Order 12689 (https://www.gadoe.org/School-Improvement/Teacher-and- Leader-Effectiveness/Documents/Title%20II,%20Part%20A%20Documents/Guidance/WHEO %2012689%20Debarment%20and%20Suspension.pdf) and 2 CFR Part 180 and 2 CFR Part 3000. These restrict Federal awards, subawards, and contracts with parties debarred, suspended, or otherwise excluded from or ineligible for Federal programs or activities. o.If Subrecipient collects Personally Identifiable Information (“PII”), it must have a publically- available written policy stating its standards for the usage and maintenance of PII. PII is any information that permits the identity of an individual to be directly or indirectly inferred, 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 9 including information linked or linkable to that individual. Subrecipient must follow USDHS guidance (https://www.dhs.gov/publication/privacy-impact-assessment-guidance). p.Subrecipient must complete either the Standard Form 424B Assurances - Non-Construction Programs (https://omb.report/icr/202011-0560-005CF), or Standard Form 424D Assurances - Construction Programs (https://omb.report/icr/200906-4040-008), as applicable. The USDHS financial assistance office (“USDHS FAO”) may determine that certain assurances in these documents may not apply, or may require additional assurances; Subrecipient must contact the USDHS FAO with any questions. Subrecipient must follow the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 and 2 CFR Part 3002. By entering into this Agreement, Subrecipient and its executives, as defined in 2 CFR 170.315, certify that Subrecipient’s policies comply with 2 CFR Part 200, all applicable Federal laws, and applicable guidance. q.Subrecipient must comply with the National Environmental Policy Act (“NEPA”) 42 USC 4321 et seq., and Council on Environmental Quality regulations (40 CFR Parts 1500-1508) regarding NEPA. r.Subrecipient must comply with 31 USC 1352, and may not use funds provided under this Agreement to pay any person to influence or attempt to influence an officer or employee of any government agency, Member of Congress, officer or employee of Congress, or an employee of a Member of Congress, relating in any way to a Federal award or contract. s.In accordance with 15 USC 2201 et seq. and 15 USC 2225a in particular, Subrecipient must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with all applicable fire prevention and control guidelines. t.Subrecipient must comply with the International Air Transportation Fair Competitive Practices Act of 1974, 49 USC 40118, and the interpretative guidelines in Comptroller General Decision B-138942 (https://www.gao.gov/products/b-138942). u.Subrecipient law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. 31.Applicability of Terms of this Agreement to Tribes If a term in this Agreement does not apply to Indian Tribes, or there is a Federal law or regulation exempting Indian Tribes, if Subrecipient is an Indian Tribe, this Agreement does not change or alter the inapplicability of such requirements. 32.Cancellation for Conflict of Interest AZDOHS may, by written notice to Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to ARS 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement for AZDOHS is an employee or agent of Subrecipient in any capacity, or a consultant to Subrecipient with respect to this Agreement’s subject matter. Cancellation shall be effective when Subrecipient receives AZDOHS’ written notice, unless the notice specifies a later time. 33.Assignment and Delegation Subrecipient may not assign any rights hereunder without an express written agreement signed by authorized representatives of both parties. 34.Third Party Antitrust Violations Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations, to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfilling this Agreement. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 10 35.Availability of Funds AZDOHS’ payment obligations under this Agreement are conditioned on the availability of funds appropriated or allocated for this purpose, per ARS 35-154. If funds are not allocated and available, AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to AZDOHS in the event this provision is exercised, and AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this Paragraph, including purchases and/or contracts entered into by Subrecipient in the execution of this Agreement. 36.Force Majeure If either party is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. 37.Dispute Resolution In the event of a dispute regarding this Agreement, written notice must be provided to the other party within 30 calendar days of the relevant events. Any claim made by or against AZDOHS relating to this Agreement shall be resolved through the administrative claims process. The parties agree to resolve all disputes relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. The forum for any dispute arising out of this Agreement shall be Maricopa County, Arizona. 38.Governing Law and Interpretation of This Agreement This Agreement is governed by the laws of the State of Arizona, without regard to its conflict of laws provisions. This Agreement is the parties’ complete agreement and replaces the parties’ prior and contemporaneous agreements, representations, and understandings pertaining to its subject matter, whether oral or written. No course of dealings or usage of the trade supplements or explains any terms. A party’s failure to insist on strict performance of any term is not a waiver of that term, even if the party accepting or acquiescing in the nonconforming performance knows the nature of the performance and fails to object. If any new legislation, laws, ordinances, or rules affect this Agreement, this Agreement automatically incorporates the terms of such legislation, laws, ordinances, or rules. Any term of this Agreement that is declared contrary to any current or future law, order, regulation, or rule, or that is otherwise invalid, shall be deemed stricken without impairing the validity of the remainder of this Agreement. In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to Period of Performance or other terms, Subrecipient will be notified of the changes in writing; once notification is made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes and will incorporate the changes into this Agreement. Except as expressly provided in this Paragraph, any amendment to or extension of this Agreement may be made only in a writing signed by authorized representatives of both parties. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 39.Licensing Unless otherwise exempted by law, Subrecipient must obtain and maintain all licenses, permits, and authority necessary to perform its obligations under this Agreement. 40.Sectarian Requests Funds disbursed under this Agreement may not be used for any sectarian purpose or activity, including worship or instruction in violation of the US or Arizona Constitutions. 41.Closed-Captioning of Public Service Announcements Any television public service announcement funded in whole or in part by this Agreement must include closed captioning. 42.Indemnification Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 11 expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury to any person (including death) or property damage, but only to the extent such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona and AZDOHS are self-insured per ARS 41-621. If Subrecipient utilizes contractor(s) and/or subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the Arizona Department of Homeland Security and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter, “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any Federal, State or Local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. 43. Termination Each party has the right to terminate this Agreement if the other party fails to comply with this Agreement. A party invoking the right to terminate shall provide written 30 day advance notice of all reasons for the termination. If Subrecipient chooses to terminate this Agreement before all deliverables have been delivered, AZDOHS has the right to recover all reimbursements made to Subrecipient. On termination, AZDOHS may procure, on terms that it deems appropriate, materials or services to replace those that otherwise would have been provided by Subrecipient, and Subrecipient will be liable to AZDOHS for all excess costs incurred by AZDOHS in procuring such materials or services. Subrecipient must continue to perform this Agreement until the date of termination, as directed in the termination notice. If AZDOHS reasonably believes Subrecipient does not intend to, or is unable to fully perform this Agreement, AZDOHS may demand in writing that Subrecipient give written assurance of its intent and ability to perform. If Subrecipient fails to provide written assurance within the time specified in the demand, AZDOHS may terminate this Agreement. 44. Paragraph Headings Paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the interpretation of this Agreement. 45. Counterparts This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one Agreement. 46. Authority to Execute This Agreement The person executing this Agreement on behalf of Subrecipient represents and warrants that he/she is duly authorized to do so. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 12 47. Transfer of Funds Prohibition Subrecipient may not transfer funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). 48. Parties This Agreement is for the benefit of AZDOHS and Subrecipient as the only parties to this Agreement, and to their respective successors, assigns, executors and legal representatives. Except as expressly provided in this Agreement, nothing in this Agreement confers on any person other than the parties and their respective successors and assigns, any rights, remedies, obligations, or liabilities. 49. Respective Responsibilities Except as expressly provided in this Agreement, each party agrees that, to the extent authorized by law, it will be responsible for its own acts or omissions and the results thereof and will not be responsible for the acts or omissions of the other party and the results thereof. In the event that either party becomes aware of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement, that party will immediately notify the other party, and the parties will share all information regarding such matter and cooperate with each other in addressing the matter. The parties are independent contractors, and nothing contained in this Agreement will create the relationship of partnership, joint venture, agency, or employment between the parties or any of their employees, officers, agents, or contractors. Each party hereby agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. 50. Publicity Neither party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party. 51. Notices All communications by either party to this Agreement, shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1802 West Jackson, #117 Phoenix, AZ 85007 Subrecipient must address all notices relative to this Agreement to the appropriate AZDOHS staff; contact information is at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 13 IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Susan Dzbanko, Deputy Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) Town Council Regular Session C. Meeting Date:04/17/2024 Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)24-10, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund equipment under the Operation Stonegarden program RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: For several years, the Arizona Department of Homeland Security (AZDOHS) has partnered with the Town of Oro Valley Police Department (OVPD), providing funding for Operation Stonegarden to include overtime and mileage, as well as the purchase of critical equipment. On April 1, 2024, OVPD was provided a notice awarding the funding for equipment. OVPD wishes to enter into a subgrantee agreement with AZDOHS to fund equipment for officers to be deployed under the Operation Stonegarden program. BACKGROUND OR DETAILED INFORMATION: The grant application was made in order to work in a regional partnership with other local law enforcement agencies and the U.S. Border Patrol Tucson Sector to reduce crime and improve the quality of life for the residents and visitors of Oro Valley. This grant will use targeted deployments of officers and canine units to impact the flow of smugglers engaged in human trafficking and illegal contraband, as well as possible terrorists who intend to cause harm or commit crimes against this nation. FISCAL IMPACT: The capacity exists in the current FY 23/24 budget and will be requested in the FY 24/25 budget to accept this grant award for a total of $13,500. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)24-10, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund equipment under the Operation Stonegarden program. Attachments PDF_Council Communication (R)24-010 Stonegarden Equipment Stonegarden Equipment Agreement RESOLUTION NO. (R)24-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DELEGATING AUTHORITY TO THE ORO VALLEY CHIEF OF POLICE TO SIGN AND ENTER A SUBGRANTEE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF HOMELAND SECURITY TO FUND EQUIPMENT UNDER THE OPERATION STONEGARDEN PROGRAM; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, the Arizona Department of Homeland Security (AZDOHS) requires participating jurisdictions to enter into a Subgrantee Agreement to receive the funds granted under the Operation Stonegarden Program; and WHEREAS, the Town of Oro Valley’s allocation under the grant is a maximum of $13,500 which will be used to fund equipment under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection; and WHEREAS, it is in the best interest of the Town of Oro Valley to delegate authority to the Oro Valley Chief of Police to enter the Subgrantee Agreement (attached hereto as Exhibit “A” and incorporated herein by this reference) in order to receive funds which will be used to fund equipment under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that: SECTION 1. Authority is delegated to the Oro Valley Chief of Police to enter the Subgrantee Agreement between the Town of Oro Valley, for the benefit of the Oro Valley Police Department, and the Arizona Department of Homeland Security, attached hereto as Exhibit “A” and incorporated herein by this reference, to fund equipment under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. SECTION 2. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 3. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Subgrantee Agreement attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 17th day of April, 2024. TOWN OF ORO VALLEY, ARIZONA Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 1 SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM EQUIPMENT 23-AZDOHS-OPSG-___________ (Enter Subrecipient Agreement number above (e.g., 230XXX-XX) Between The Arizona Department of Homeland Security And (Enter the name of the Subrecipient Agency above) UEI Number___________ (Enter the UEI number above) WHEREAS, ARS 41-4254 makes AZDOHS responsible for administering the funds covered by this agreement (“Agreement”), the parties hereby agree to the following terms: 1.Purpose of Agreement This Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to Subrecipient, and to specify the rights and responsibilities of Subrecipient as the recipient of these funds. 2.Period of Performance This Agreement shall become effective on April 1, 2024 and shall terminate on March 31, 2025 (the “Period of Performance”). The obligations of the Subrecipient as described herein will survive termination of this agreement. 3.Description of Services The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient’s grant application titled: “OPSG EQUIPMENT” and funded at $_________ (as may have been modified by the award letter). (Enter funded award amount above) 4.Financing and Fiscal Responsibility Under US Department of Homeland Security (“USDHS”) grant EMW-2023-SS-00018-S01 and Catalog of Federal Domestic Assistance (“CFDA”) #97.067, AZDOHS shall provide up to $ to Subrecipient under this Agreement. Payment to Subrecipient must be on a reimbursement basis only, conditioned upon Subrecipient providing AZDOHS with proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by AZDOHS. A list of acceptable documentation is at www.azdohs.gov. Payments are contingent on Subrecipient performing all its obligations under this Agreement. Subrecipient may use the funds provided under this Agreement only as provided in the application and award documentation. If Subrecipient does not complete all its obligations, Subrecipient must immediately reimburse all previously- provided funds to AZDOHS. If Subrecipient completes its obligations at a lower than the budgeted cost, the amount reimbursed to Subrecipient will be only the amount actually spent by Subrecipient in accordance with the approved application. For any expenditure disallowed after or otherwise by AZDOHS, or the State or Federal government, Subrecipient must immediately reimburse such funds to AZDOHS. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 2 5. Reporting Requirements Subrecipient must submit quarterly programmatic reports to AZDOHS as follows: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) Subrecipient must use the Quarterly Programmatic Report form (https://azdohs.gov/grant- program-forms) for these reports. Subrecipient must provide detailed information on the status of completion of the planned activities in the approved application satisfactory to AZDOHS in its sole discretion. Failure to adequately provide such information will result in the Quarterly Programmatic Report being rejected by AZDOHS and resubmission will be required. If the program has been fully completed so that there will be no further updates, then the quarterly report for the quarter in which the program was completed will be the final report; the report should be marked as “final” and must include all pertinent information regarding the program as determined solely by AZDOHS. Final Quarterly Programmatic Report: The final quarterly programmatic report is due no more than 15 calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). 6. Reimbursements Subrecipient must provide AZDOHS with requests for reimbursement as frequently as monthly but not less than quarterly; submissions must be made via US Mail, delivery service (FedEx, UPS, etc.) or in person; submissions via fax or by any electronic means will not be accepted. Reimbursement requests shall be submitted with the Reimbursement Form provided by AZDOHS staff. AZDOHS has the right to require Subrecipient to provide any documentation and/or information AZDOHS deems necessary to process submissions. Reimbursement requests are only required when expenses have been incurred. The Subrecipient shall submit a final reimbursement request, marked as such, for expenses received and invoiced prior to the end of the period of performance. The final reimbursement must be received by AZDOHS no more than 45 calendar days after the end of the period of performance. Requests for reimbursement received by AZDOHS later than 45 calendar days after the end of the period of performance will not be paid. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Paragraph 2 of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (e.g. cell phone service) will be deemed unallowable and will not be reimbursed. 7. Environmental Planning and Historic Preservation Subrecipient must comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive Orders as applicable. See https://www.fema.gov/media-library-data/1533321728657- 592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final Amendment_GPD_final_508.pdf and https://azdohs.gov/environmental-and-historic-preservation-ehp. Subrecipients proposing programs with potential environmental impact must participate in the USDHS/Federal Emergency Management Agency (FEMA) EHP review process. Subrecipient must complete the EHP review 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 3 process before funds will be released by AZDOHS. If Subrecipient engages in ground disturbing activities, Subrecipient must monitor ground disturbance. If archeological resources are discovered, Subrecipient must immediately (a) cease construction and (b) notify FEMA, AZDOHS, and the Arizona State Historic Preservation Office. AZDOHS/DHS/FEMA will not fund or reimburse projects that are initiated without the required EHP review. 8. Procurement (including Noncompetitive Procurement) Subrecipient must comply with its procurement rules/policies, all Federal procurement rules/policies, and all Arizona Procurement Code provisions and rules, the most restrictive of which will apply. Subrecipient must not enter into a noncompetitive procurement unless AZDOHS grants prior written approval via the Noncompetitive Procurement Request form at https://azdohs.gov/grant-program -forms. 9. Property Control Subrecipient must safeguard and maintain control and accountability for all property/equipment purchased under this Agreement, and Subrecipient must assure that it is used only for purposed authorized under this Agreement and maintained as provided in 2 CFR 200.313. Such property/equipment shall be used by Subrecipient in the program for which it was acquired as long as needed, whether or not the program continues to be supported by Federal grant funds. Subrecipient must immediately investigate and report to AZDOHS any loss, damage, or theft. Subrecipient must replace any property/equipment lost, damaged or stolen at Subrecipient’s expense, and must immediately submit an updated Property Control Form (https://azdohs.gov/grant-program-forms) to AZDOHS. “Nonexpendable Property/Equipment” is property that has a continuing use, is not consumed in use, has an expected life of one year or more, costs $5,000 or more per unit, and does not become a fixture or lose its identity as a component of other equipment/systems, while a “Capital Asset” is personal or real property or a fixture costing $5,000 or more per unit with an expected life of one year or more. Subrecipient is solely responsible for the proper maintenance of all Nonexpendable Property/Equipment and Capital Assets acquired under this Agreement Subrecipient must take a physical inventory of all such Nonexpendable Property/Equipment and Capital Assets and reconcile the results with the Property Control Form at least once every two years. Subrecipient must maintain a control system to prevent loss, damage, or theft of such Nonexpendable Property/Equipment and Capital Assets, and Subrecipient must immediately report any loss, damage, or theft to AZDOHS. A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient, if applicable, shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. When Subrecipient is no longer using Nonexpendable Property/Equipment and/or Capital Assets acquired under this Agreement on the program, Subrecipient must immediately submit an updated Property Control Form to AZDOHS, and any disposition must be in compliance with AZDOHS Disposition Guidance (https://azdohs.gov/grant-program-forms) and 2 CFR Part 200, including specifically 2 CFR 200.313. If Subrecipient seeks disposition of such Nonexpendable Property/Equipment or Capital Assets for any reason other than theft, destruction, or loss, Subrecipient must submit an Equipment Disposition Request Form (https://azdohs.gov/grant- program-forms) to AZDOHS and receive approval from AZDOHS prior to disposition. Subrecipient must update the Property Control Form and provide a copy to AZDOHS within 45 calendar days after disposition. Per 2 CFR 200.333(c), Subrecipient must retain all records relating to such Nonexpendable Property/Equipment and Capital Assets for 3 years after disposition. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 4 10. Training and Exercise All training and/or exercise events must be included in Subrecipient’s application. Alternate/additional training/exercise requests must be approved in advance by AZDOHS. Subrecipient must submit a Project Modification Request Form (https://azdohs.gov/grant-program-forms) for review and approval by AZDOHS prior to scheduling alternate/additional training/exercise events. For those projects that are managed by DEMA, alternate/additional training requests must be approved in advance by DEMA and AZDOHS using the Pre-approval form (https://dema.az.gov/emergency-management/preparedness/training). All exercises must comply with FEMA Homeland Security Exercise and Evaluation Program (https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep; “HSEEP”) guidance. Subrecipient will (a) Submit an exercise summary and attendance/sign-in roster; and (b) Email the After Action Report/Improvement Plan to the local County Emergency Manager, AZDOHS, and the DEMA Exercise Branch, within 90 days of completion of an exercise or as prescribed by HSEEP. 11. Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include: a description of services; dates of services; number of hours for services performed; rate charged; and the total cost of services. Rates must be within the prevailing rates; must be consistent with Subrecipient’s procurement policies and 2 CFR Part 200; and shall not exceed $650 per day per consultant/trainer/training provider unless AZDOHS grants prior written approval. This includes internal personnel hired on backfill/overtime to deliver training. Subrecipient will not be reimbursed costs other than travel, lodging, meals, and incidentals on travel days for consultants/trainers/training providers, at rates not to exceed State rates, and itemized receipts are required. See Travel Costs below, at Paragraph 12. 12. Travel Costs All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of Subrecipient’s policies and procedures, and the State of Arizona Accounting Manual (https://gao.az.gov/publications/saam), which Subrecipient must apply uniformly to both Federally financed and its other activities. AZDOHS will reimburse at the most restrictive allowability and rates. At no time will Subrecipient’s reimbursements exceed the State rates established by the Arizona Department of Administration: https://gao.az.gov/travel. 13. Contractors/Subcontractors Subrecipient may enter into written subcontract(s) in accordance with 2 CFR Part 200 and the NOFO. No subcontract that the Subrecipient enters into relieves Subrecipient of any responsibilities under this Agreement. Subrecipient must give AZDOHS immediate notice in writing of any action filed or claim made against Subrecipient by any subcontractor or vendor. 14. Allowable Costs The allowability of costs incurred under this Agreement shall be determined by AZDOHS in its sole discretion and in accordance with the general principles and standards set forth in the CFR, FEMA Authorized Equipment List (https://www.fema.gov/grants/tools/authorized-equipment-list), and guidance documents (i.e. NOFO, Preparedness Grants Manual, Information Bulletins). Subrecipient’s use of grant funds for indirect costs must be in accordance with 2 CFR Part 200 and the NOFO. Subrecipient must apply to AZDOHS for its written approval of indirect costs prior to expenditure. Subrecipient may not expend grant funds for Management and Administrative costs for administering such funds without prior written approval of AZDOHS. 15. Amendments Any change in this Agreement including but not limited to the Description of Services, Period of Performance and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representatives of the Subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s reimbursement, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 5 Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. 16. Audit/Monitoring a. Subrecipient must comply with the record-keeping and other requirements of ARS 35-214 and 35-215, and shall ensure that its contractors and subcontractors at all tiers also comply. b. Under 31 USC 7501-7507and 2 CFR 200.501, Subrecipient will be subject to audit per 2 CFR Part 200, if Subrecipient expended $750,000 or more in Federal awards in its previous fiscal year. If Subrecipient has met or exceeded this threshold, Subrecipient must submit to AZDOHS a copy of Subrecipient’s single audit or program specific audit report for the previous fiscal year (and for subsequent fiscal years that fall within the Period of Performance) annually, within 9 months of Subrecipient’s fiscal year end. Subrecipients not subject to this requirement must submit to AZDOHS via audits@azdohs.gov a statement that they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. c. Failure of Subrecipient to comply with any requirements resulting from an audit will suspend reimbursement by AZDOHS to Subrecipient and Subrecipient will not be eligible for any new award, until Subrecipient is in complete compliance. AZDOHS will monitor Subrecipient to ensure that program goals, objectives, performance requirements, timelines, planned objectives, budgets, and all other related program criteria are being met. Subrecipient must comply with applicable provisions governing USDHS access to records, accounts, documents, information, facilities, and staff and must require any contractors, successors, transferees, and assignees to comply with these same provisions. Subrecipient must cooperate with any review or investigation conducted by USDHS and/or AZDOHS. Subrecipient must give USDHS and AZDOHS access to and the right to copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as deemed necessary by USDHS or AZDOHS. Subrecipient must submit timely, complete, and accurate reports to the appropriate USDHS and AZDOHS officials and maintain appropriate backup documentation. Subrecipient must comply with all reporting, data collection, and evaluation requirements prescribed by law or in program guidance. 17. Notice of Funding Opportunity (NOFO) Subrecipient must comply with the Notice of Funding Opportunity (NOFO). The terms of the NOFO are hereby incorporated into this Agreement. 18. National Incident Management System Subrecipient must remain in compliance with National Incident Management System implementation initiatives as provided in the NOFO. 19. Communications Equipment All Land Mobile Radio equipment purchased must comply with: (a) P25 (Project 25) standards (https://www.cisa.gov/safecom); (b) SAFECOM Guidance (https://www.cisa.gov/safecom); (c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide Interoperability Executive Committee (https://www.azdps.gov/services/government/swic); and (d) Arizona's State Interoperable Priority Programming Guide (https://www.azdps.gov/services/government/swic). 20. Nonsupplanting Agreement Subrecipient must not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources, and may be required to document this. If a position created by this Agreement is filled from within, the resulting vacancy 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 6 must be filled within 30 days, and if not, Subrecipient must stop charging the grant for the new position; upon filling the vacancy, Subrecipient may resume charging for the position. A cost allocable to a particular Federal award provided for in 2 CFR Part 200 Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal award(s), or any other reason. However, Subrecipient from may shift costs allowable under two or more Federal awards if allowed by Federal statute, regulation, or the terms of the Federal award(s). 21. E-Verify Subrecipient must comply with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to ARS 23-214(A) and ARS 41-4401. A breach of this obligation is a material breach of this Agreement and Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. AZDOHS will have the right to inspect the papers of any Subrecipient employee who works on this Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient. 22. Research and Development Subrecipient may not use funds obtained under this Agreement for research/development. 23. Funds Management Subrecipient must maintain funds received under this Agreement in separate accounts and cannot mix these funds with funds from other sources. Subrecipient must manage funds according to all applicable Federal regulations, including 2 CFR Part 200 and specifically 2 CFR 200.302. Subrecipient must maintain the following business systems: • Financial Management • Procurement • Personnel • Property • Travel To be adequate, a business system must be 1) complete and in writing; and 2) consistently followed – Subrecipient must apply it in all circumstances, regardless of funding source. 24. Reporting of Matters Related to Recipient Integrity and Performance If the total of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 at any time during the Period of Performance, Subrecipient must comply with Appendix XII to 2 CFR Part 200. 25. Nondiscrimination Subrecipient must comply with the following that apply to this Federally- funded program: a. 29 USC 794, which bars discrimination against qualified handicapped individuals solely by reason of the handicap; b. 42 USC 2000d et seq., 6 CFR Part 21, and 44 CFR Part 7, which bar discrimination on grounds of race, color, or national origin (which requires Subrecipient to take reasonable steps to provide accommodation to persons with Limited English Proficiency; Subrecipient must refer to the USDHS Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and the resources at http://www.lep.gov); c. All State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 7 (https://azgovernor.gov/governor/executive-order/2020-09) and 42 USC 12101-12213 (which bar discriminating on the basis of disability; d. 42 USC 6101 et seq., which prohibits discrimination on the basis of age; e. The equal treatment policies and requirements contained in 6 CFR Part 19 and other applicable statutes, regulations, and guidance governing faith-based organizations; f. 20 USC 1681 et seq. and 6 CFR Part 17 and 44 CFR Part 19, which bars discrimination on the basis of sex; and g. 42 USC 3601 et seq. and 24 CFR Part 100, which prohibit discrimination in the sale, rental, financing, and advertising of dwellings, or in the provision of related services, on the basis of race, color, national origin, religion, disability, familial status, and sex. 26. Intellectual Property Subrecipient must affix the copyright notices required by 17 USC 401 and 402 and include an acknowledgement of Government sponsorship (including award number) to any work first produced under this Agreement. Unless otherwise provided by law, Subrecipient is subject to 35 USC 200-212 and is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards that are in 37 CFR Part 401, including specifically 37 CFR 401.14. Subrecipient must obtain USDHS’s approval prior to using the USDHS seal(s), logos, crests or reproductions of flags or likenesses of USDHS agency officials. Subrecipient agrees that USDHS and AZDOHS have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use: (a) the copyright in any work developed under an award or sub-award; and (b) any rights of copyright to which Subrecipient purchases ownership with Federal support. Subrecipient must acknowledge its use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing programs funded in whole or in part with Federal funds. Subrecipient must not advertise or publish information for commercial benefit concerning this Agreement without the prior written approval of AZDOHS. 27. Activities Conducted Abroad Subrecipient must ensure that program activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 28. Federal Debt Status Subrecipient must not be delinquent on any Federal obligations, including but not limited to payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 (https://fiscal.treasury.gov/files/dms/circ-a129-upd- 0113.pdf). 29. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Subrecipients must comply with the Office of Management and Budget (OMB), Memorandum M-22-11 (https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf), which provides Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. 30. Compliance with Certain Federal Statutes, Regulations, and Requirements a. Subrecipient must comply with the 31 USC 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the Federal government; 31 USC 3801-3812 detail the remedies for false or fraudulent claims made. b. Subrecipient must comply with 42 USC 6201 et seq., which contain policies relating to energy efficiency that are defined in the State energy conservation plan issued 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 8 c. Subrecipient must comply with the drug-free workplace requirements in 2 CFR Part 3001 and 41 USC 8101-8106. d. Subrecipient is prohibited from acquiring certain Chinese and Russian telecommunications equipment, systems, and services as provided in FEMA Policy #405-143- 1(https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition- covered-services-equipment-gpd.pdf) ; 2 C.F.R. sections 200.216, 200.327, 200.471 and Appendix II to 2 C.F.R. Part 200; 48 CFR 4.2100 et seq.; 48 CFR 52.204-25; 48 CFR 52.212- 3; 48 C.F.R. 204.2100 et seq.; and 48 C.F.R. 252.204-7018 1. e. If grant funds are used for construction, Subrecipient and its contractors and subcontractors at all tiers must comply with the Davis-Bacon Act (40 USC 3141 et seq.). Subrecipients must obtain AZDOHS’ written approval before using Homeland Security Grant Program (“HSGP”) funds for construction/renovation per https://www.dol.gov/whd/govcontracts/dbra.htm. f. Subrecipient must maintain insurance coverage as provided in 2 CFR 200.310. Subrecipient must provide at least the equivalent insurance coverage for real property and equipment acquired or improved under this Agreement as provided to property owned by Subrecipient. g. Subrecipient must comply with 42 USC 6962, including procuring only items designated in the Environmental Protection Agency (“EPA”) guidelines at 40 CFR Part 247 as containing the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. h. Subrecipient must comply with all Federal whistleblower protections, including 41 USC 4712. i. Subrecipient must comply with the PATRIOT Act, P.L. 107-56), including 18 USC 175-175c. j. Subrecipient must comply with the System for Award Management and Universal Identifier Requirements in 2 CFR, Appendix A to Part 25. k. Subrecipient must comply with the Trafficking Victims Protection Act, 22 USC 7101 et seq., as required by 2 CFR 175.15. l. Subrecipient must comply with US Executive Order 13224 (https://www.state.gov/executive- order-13224/) and all US laws that prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. m. Subrecipient must comply with the requirements on Reporting Subawards and Executive Compensation in Appendix A to 2 CFR Part 170. n. Subrecipient is subject to the debarment and suspension regulations in US Executive Order 12549 (https://www.archives.gov/federal-register/codification/executive-order/12549.html) and US Executive Order 12689 (https://www.gadoe.org/School-Improvement/Teacher-and- Leader-Effectiveness/Documents/Title%20II,%20Part%20A%20Documents/Guidance/WHEO %2012689%20Debarment%20and%20Suspension.pdf) and 2 CFR Part 180 and 2 CFR Part 3000. These restrict Federal awards, subawards, and contracts with parties debarred, suspended, or otherwise excluded from or ineligible for Federal programs or activities. o. If Subrecipient collects Personally Identifiable Information (“PII”), it must have a publically- available written policy stating its standards for the usage and maintenance of PII. PII is any information that permits the identity of an individual to be directly or indirectly inferred, 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 9 including information linked or linkable to that individual. Subrecipient must follow USDHS guidance (https://www.dhs.gov/publication/privacy-impact-assessment-guidance). p. Subrecipient must complete either the Standard Form 424B Assurances - Non-Construction Programs (https://omb.report/icr/202011-0560-005CF), or Standard Form 424D Assurances - Construction Programs (https://omb.report/icr/200906-4040-008), as applicable. The USDHS financial assistance office (“USDHS FAO”) may determine that certain assurances in these documents may not apply, or may require additional assurances; Subrecipient must contact the USDHS FAO with any questions. Subrecipient must follow the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 and 2 CFR Part 3002. By entering into this Agreement, Subrecipient and its executives, as defined in 2 CFR 170.315, certify that Subrecipient’s policies comply with 2 CFR Part 200, all applicable Federal laws, and applicable guidance. q. Subrecipient must comply with the National Environmental Policy Act (“NEPA”) 42 USC 4321 et seq., and Council on Environmental Quality regulations (40 CFR Parts 1500-1508) regarding NEPA. r. Subrecipient must comply with 31 USC 1352, and may not use funds provided under this Agreement to pay any person to influence or attempt to influence an officer or employee of any government agency, Member of Congress, officer or employee of Congress, or an employee of a Member of Congress, relating in any way to a Federal award or contract. s. In accordance with 15 USC 2201 et seq. and 15 USC 2225a in particular, Subrecipient must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with all applicable fire prevention and control guidelines. t. Subrecipient must comply with the International Air Transportation Fair Competitive Practices Act of 1974, 49 USC 40118, and the interpretative guidelines in Comptroller General Decision B-138942 (https://www.gao.gov/products/b-138942). u. Subrecipient law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. 31. Applicability of Terms of this Agreement to Tribes If a term in this Agreement does not apply to Indian Tribes, or there is a Federal law or regulation exempting Indian Tribes, if Subrecipient is an Indian Tribe, this Agreement does not change or alter the inapplicability of such requirements. 32. Cancellation for Conflict of Interest AZDOHS may, by written notice to Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to ARS 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement for AZDOHS is an employee or agent of Subrecipient in any capacity, or a consultant to Subrecipient with respect to this Agreement’s subject matter. Cancellation shall be effective when Subrecipient receives AZDOHS’ written notice, unless the notice specifies a later time. 33. Assignment and Delegation Subrecipient may not assign any rights hereunder without an express written agreement signed by authorized representatives of both parties. 34. Third Party Antitrust Violations Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations, to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfilling this Agreement. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 10 35.Availability of Funds AZDOHS’ payment obligations under this Agreement are conditioned on the availability of funds appropriated or allocated for this purpose, per ARS 35-154. If funds are not allocated and available, AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to AZDOHS in the event this provision is exercised, and AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this Paragraph, including purchases and/or contracts entered into by Subrecipient in the execution of this Agreement. 36.Force Majeure If either party is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. 37.Dispute Resolution In the event of a dispute regarding this Agreement, written notice must be provided to the other party within 30 calendar days of the relevant events. Any claim made by or against AZDOHS relating to this Agreement shall be resolved through the administrative claims process. The parties agree to resolve all disputes relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. The forum for any dispute arising out of this Agreement shall be Maricopa County, Arizona. 38.Governing Law and Interpretation of This Agreement This Agreement is governed by the laws of the State of Arizona, without regard to its conflict of laws provisions. This Agreement is the parties’ complete agreement and replaces the parties’ prior and contemporaneous agreements, representations, and understandings pertaining to its subject matter, whether oral or written. No course of dealings or usage of the trade supplements or explains any terms. A party’s failure to insist on strict performance of any term is not a waiver of that term, even if the party accepting or acquiescing in the nonconforming performance knows the nature of the performance and fails to object. If any new legislation, laws, ordinances, or rules affect this Agreement, this Agreement automatically incorporates the terms of such legislation, laws, ordinances, or rules. Any term of this Agreement that is declared contrary to any current or future law, order, regulation, or rule, or that is otherwise invalid, shall be deemed stricken without impairing the validity of the remainder of this Agreement. In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to Period of Performance or other terms, Subrecipient will be notified of the changes in writing; once notification is made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes and will incorporate the changes into this Agreement. Except as expressly provided in this Paragraph, any amendment to or extension of this Agreement may be made only in a writing signed by authorized representatives of both parties. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 39.Licensing Unless otherwise exempted by law, Subrecipient must obtain and maintain all licenses, permits, and authority necessary to perform its obligations under this Agreement. 40.Sectarian Requests Funds disbursed under this Agreement may not be used for any sectarian purpose or activity, including worship or instruction in violation of the US or Arizona Constitutions. 41.Closed-Captioning of Public Service Announcements Any television public service announcement funded in whole or in part by this Agreement must include closed captioning. 42.Indemnification Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 11 expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury to any person (including death) or property damage, but only to the extent such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona and AZDOHS are self-insured per ARS 41-621. If Subrecipient utilizes contractor(s) and/or subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the Arizona Department of Homeland Security and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter, “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any Federal, State or Local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. 43. Termination Each party has the right to terminate this Agreement if the other party fails to comply with this Agreement. A party invoking the right to terminate shall provide written 30 day advance notice of all reasons for the termination. If Subrecipient chooses to terminate this Agreement before all deliverables have been delivered, AZDOHS has the right to recover all reimbursements made to Subrecipient. On termination, AZDOHS may procure, on terms that it deems appropriate, materials or services to replace those that otherwise would have been provided by Subrecipient, and Subrecipient will be liable to AZDOHS for all excess costs incurred by AZDOHS in procuring such materials or services. Subrecipient must continue to perform this Agreement until the date of termination, as directed in the termination notice. If AZDOHS reasonably believes Subrecipient does not intend to, or is unable to fully perform this Agreement, AZDOHS may demand in writing that Subrecipient give written assurance of its intent and ability to perform. If Subrecipient fails to provide written assurance within the time specified in the demand, AZDOHS may terminate this Agreement. 44. Paragraph Headings Paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the interpretation of this Agreement. 45. Counterparts This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one Agreement. 46. Authority to Execute This Agreement The person executing this Agreement on behalf of Subrecipient represents and warrants that he/she is duly authorized to do so. 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 12 47. Transfer of Funds Prohibition Subrecipient may not transfer funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). 48. Parties This Agreement is for the benefit of AZDOHS and Subrecipient as the only parties to this Agreement, and to their respective successors, assigns, executors and legal representatives. Except as expressly provided in this Agreement, nothing in this Agreement confers on any person other than the parties and their respective successors and assigns, any rights, remedies, obligations, or liabilities. 49. Respective Responsibilities Except as expressly provided in this Agreement, each party agrees that, to the extent authorized by law, it will be responsible for its own acts or omissions and the results thereof and will not be responsible for the acts or omissions of the other party and the results thereof. In the event that either party becomes aware of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement, that party will immediately notify the other party, and the parties will share all information regarding such matter and cooperate with each other in addressing the matter. The parties are independent contractors, and nothing contained in this Agreement will create the relationship of partnership, joint venture, agency, or employment between the parties or any of their employees, officers, agents, or contractors. Each party hereby agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. 50. Publicity Neither party shall use or mention in any publicity, advertising, promotional materials or news release the name or service mark(s) of the other party without the prior written consent of that party. 51. Notices All communications by either party to this Agreement, shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1802 West Jackson, #117 Phoenix, AZ 85007 Subrecipient must address all notices relative to this Agreement to the appropriate AZDOHS staff; contact information is at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above 23-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/26/2024 Page 13 IN WITNESS WHEREOF, the parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Susan Dzbanko, Deputy Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) Town Council Regular Session D. Meeting Date:04/17/2024 Submitted By:David Gephart, Finance Department:Finance SUBJECT: Resolution No. (R)24-11, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY 24-25 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Arizona Revised Statutes Section 41-1279.07(E) requires each county, city, town and community college district to annually provide to the Auditor General, by July 31, the name of the Chief Fiscal Officer (CFO) the governing board designated to submit the current year's annual expenditure limitation report (AELR). Council's action approving the attached resolution designating David Gephart as the CFO authorized to submit the AELR satisfies this requirement. Council most recently took action on this item in June 2023 for the 2023-2024 fiscal year. This item covers fiscal year 2024-2025. The AELR is prepared annually by the Town's independent auditors and is required to be filed with the Auditor General's Office by March 31 each year, or nine (9) months after fiscal year-end. The Town submitted its AELR for fiscal year 2023 prior to the March 31, 2024, deadline. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve Resolution No. (R)24-11, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's annual expenditure limitation report (AELR) to the Auditor General for FY 24-25. Attachments (R)24-11 David Gephart CFO RESOLUTION NO. (R)24-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING THE CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2025 EXPENDITURE LIMITATION REPORT TO THE ARIZONA AUDITOR GENERAL WHEREAS, A.R.S. 41-1279.07(E) requires each county, city, town, and community college district to annually provide to the Arizona Auditor General by July 31 the name of the Chief Fiscal Officer the governing body designated to officially submit the current year’s annual expenditure limitation report (AELR) on the governing body’s behalf; and WHEREAS, the Mayor and Council of the Town of Oro Valley, desires to designate David Gephart as the Town’s Chief Fiscal Officer. WHEREAS, Entities must submit an updated form and documentation for any changes in the individuals designated to file the AELR. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. David Gephart is hereby designated as the Town’s Chief Fiscal Officer for purposes of submitting the fiscal year 2025 AELR to the Arizona Auditor General on the governing body’s behalf. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. All Oro Valley Resolutions, or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 17th day of April, 2024. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ Michael Standish, Town Clerk Tobin Sidles Legal Services Director Date: Date: Town Council Regular Session 1. Meeting Date:04/17/2024 Requested by: Rosalyn Epting Submitted By:Rosalyn Epting, Parks and Recreation Department:Parks and Recreation SUBJECT: PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING THE VISTOSO TRAILS NATURE PRESERVE MASTER PLAN RECOMMENDATION: Staff recommends approval of the Vistoso Trails Nature Preserve Master Plan. EXECUTIVE SUMMARY: George Radnovich, Sites Southwest LLC consultant, will be attending the meeting virtually to present the Final Vistoso Trails Nature Preserve Master Plan. The plan summarizes community engagement, research, and data collection. The consultant has also taken Town Council feedback from the March 20, 204 Study Session and incorporated it into the final plan. BACKGROUND OR DETAILED INFORMATION: In September 2022, Sites Southwest was selected to lead the Master Plan Project for Vistoso Trails Nature Preserve. Throughout the process, Sites Southwest has done extensive community engagement, research, and data collection. Most recently, Sites Southwest attended a Study Session with Council on March 20, 2024. The consultant discussed changes made to the plan, survey results, construction costs, and prioritization of projects. At the conclusion of the Study Session, the following priorities were determined: Path Repairs1. Safety Signage2. A scenic Desert Landscape Design for the former pond area3. Revegetation with native seeding4. Upon review of the Master Plan, the following have been added A phasing plan based on the Study Session A detailed Landscape Concept Plan for the former pond area A final master plan graphic Inclusion of survey information Inclusion of project cost information FISCAL IMPACT: There is no current fiscal impact. However, the Master Plan details projects that would have a future fiscal impact when funded and implemented. SUGGESTED MOTION: I MOVE to approve (or deny) the Vistoso Trails Nature Preserve Master Plan. Attachments Vistoso Trails Nature Preserve Master Plan Presentation VISTOSO TRAILS NATURE PRESERVE MASTER PLAN FINAL APRIL 2024 PREPARED BY: 02 » __ __ __ 1. HISTORY 2. PROCESS 3. RECOMMENDATIONS 1 3 9 21 45 contents 1. EXECUTIVE SUMMARY 2. CONTEXT 3. PROCESS 4. MASTER PLAN 5. APPENDICES 1 »Executive Summary EXECUTIVE SUMMARY1. The executive summary will be included upon final approval of the Master Plan for the Vistoso Trails Nature Preserve. 2 »Executive Summary 3 »Context CONTEXT2. The Master Plan for Vistoso Trails Nature Preserve was developed first through investigating the environment on which it was built and secondly by review of past planning documents that relate to its development. Public interactions also provide context for the master plan (see chapter 3). The goal for this stage of planning was to collect as much data about the Preserve and its surrounds as possible in order to provide a good basis for the master plan and our eventual recommendations. Below offers a view of our work and its conclusions. AERIAL VIEW OF TOWN OF ORO VALLEY “The goal for this stage of planning was to collect “The goal for this stage of planning was to collect as much data about the Preserve and its surrounds as much data about the Preserve and its surrounds as possible in order to provide a good basis for the as possible in order to provide a good basis for the master plan and our eventual recommendations”master plan and our eventual recommendations” 4 »Context HISTORICAL PERSPECTIVE The Tucson and Oro Valley region was the homelands of Indian settlements. From the older beginnings of the Hohokam Indians to the more modern tribes of Tohono O’odham and Yaqui, the valley below the Catalina’s drew desert natives for thousands of years before the Spanish came. The Tucson area’s old days have come and gone and today more than a million people live in the valley. Fast forwarding to recent history, the Golf Club at Vistoso was founded in 1995 in Oro Valley. It was developed as an amenity for the neighborhoods surrounding it, and while in operation it even attracted some tournament notoriety. When its ownership decided it was no longer financially viable, it was eventually closed in 2018. The course fell into disrepair as water costs rose and environmental issues like drought battered this desert community. As it closed, a local movement in Oro Valley took hold, and the Vistoso Trails Nature Preserve was founded. Through the hard work of a dedicated group of townspeople who were concerned about the site becoming developed for housing and through Oro Valley’s efforts, the golf course came to the town as dedicated open space partnering with The Conservation Fund. REPRESENTATION OF SPIRAL PETROGLYPH ATTRIBUTED TO THE HOHOKAM PEOPLE ON SIGNAL HILL IN SAGUARO NATIONAL PARK, ARIZONA 5 »Context The climate of the Sonoran Desert is as extreme as it gets in the United States, and Mexico for that matter. The rainfall in the vicinity of Vistoso Trails Nature Preserve is from 10 to 14 inches annually, depending on the year, and the heat can reach as high as 115 degrees Fahrenheit in summer. The beautiful Sonoran ecoregion and its spectacular wildlife and flora create a setting for the Preserve that is rich in plant diversity and fauna such as bobcats, coyotes, Harris Antelope Squirrel, Black-Tailed Jackrabbit, Javelina, and Grey Fox. Avian Species observed include Great Roadrunner, Gambel’s Quail, Ladder-Backed Woodpecker, Cactus Wren, Owl species, Cooper’s Hawk and others. Lastly, reptiles noted include the Zebra-Tailed Lizard, Western Rattlesnake, Regal Horned Lizard, Desert Spiny Lizard, and others. Plant species include velvet mesquite (Prosopis velutina), foothill paloverde (Parkinsonia microphylla), cholla (Cylindropuntia sp.), burrobush (Ambrosia dumosa), prickly pear cactus (Opuntia sp.) and saguaro cactus (Carnegiea gigantea). Other species not native to this desert include the hedgehog cactus (Echinocerus triglochidiatus), various barrel cacti, tree cholla (cylindropuntia imbricata), purple prickly pear (Opuntia Santa-Rita), and the Soaptree Yucca (Yucca elata). There are also a substantial number of invasive species such as Buffalo grass (Cenchrus ciliaris/ Pennisetum ciliare) and Fountain Grass (Cenchrus setaceus/ Pennisetum setaceum). The southern portion of the Preserve is perhaps the most intact example of Sonoran Desert, the northern extent of the preserve is less treed particularly, likely because of golf course amenities like the driving range, the old clubhouse area, the old pond location, and the perimeter shared with Stone Canyon. CLIMATE AND ENVIRONMENTAL CONTEXT The communities, subdivisions and neighborhoods that surround the Preserve include Vistoso Resort Casitas, Fairfield, Stone Village, and Center Pointe, among others. The roadways that surround the Preserve and the subdivisions wind around past remnants of the golf course’s old amenities and the homes providing glimpses of native landscapes intermixed with developer created streetscapes and subdivision entries. Very few community facilities are located around the Preserve with the exception of the Innovation Academy, and the adjacent Hohokam Park. This marks the need for a facility like the open Space that the Vistoso Trails Nature Preserve supplies. Future development opportunities appear to be minimal. It should also be noted that many of the streets and the subdivisions that flank the Vistoso Trails Nature Preserve have openings and access points to it that are not sanctioned trails. Most of these access points (trails and roads) are private and not intended for Preserve access to the general public and will not be shown as access in the Master Plan. PHOTOS LEFT TO RIGHT: MULE DEER, JAVELINA, DESERT SPINY LIZARD, PALOVERDE TREE, MESQUITE TREE, SAGUARO AND BARREL CACTUS 6 »Context EXISTING SITE AND FACILITIES The current conditions on Vistoso Preserve itself include: »Dormant Golf Landscape – the fairways, tees, and greens of the old golf course still exist albeit in dormant form. While the predominant Bermuda Grass that made up the bulk of the turf grasses on the course are dormant, if irrigation begins again, they will return. »Existing Cart Path – the existing cart path still winds its way down the old corridors of the golf course however its condition is impacted by washes and other drainageways. It is also not ADA compliant in any way – see below in this chapter the ADA study that Oro Valley commissioned. The path also includes three underpasses below the roads in the community. »Restrooms – there are three working restrooms in the Preserve that were recently reconditioned. The one near the old driving range has some potential for meeting/ gathering space. »Maintenance Yard – the old maintenance building and yards for the golf course are in fair condition and could be used for either the Preserve or other Oro Valley facilities. »The Pond – the pond from the old golf course located on West Vistoso Highlands Drive has fallen into extreme disrepair and is a danger for any visitors at this time. The water is gone except for the drainage water from precipitation and the waterfall is not working. »Driving Range – the old driving range also has dormant Bermuda Grass and will need to be reclaimed and potentially rethought with newer uses related to the Preserve. PHOTOS LEFT TO RIGHT: DORMANT GOLF LANDSCAPE, EXISTING CART PATH, RESTROOMS, MAINTENANCE YARD, THE POND, DRIVING RANGE 7 »Context There are a number of plans, guidelines, reports, legal documents and agreements that have enabled the Vistoso Trails Nature Preserve. The most important include: »Vistoso Preserve Settlement Agreement – signed by representative of the Town of Oro Valley, Romspen Vistoso LLC (the developer), The Conservation Fund, and Ross Rulney (a developer) »Conservation Easement – the Town of Oro Valley partnered with The Conservation Fund to protect Vistoso from development through this conservation easement grant. Baseline Conditions Report for the Vistoso Golf Course, Oro Valley, Arizona, 2022 The Conservation Fund »Detailed inventory of conditions, easement area improvements, description and conservation resources through text, photos, maps, site drawings, legal documents »Used as primary document to establish the conservation easement Golf Cart Path Accessibility, 2022 Town of Oro Valley Park and Recreation, WT Group »Analysis of the existing cart paths on the preserve »Conditions assessment, determining if the existing cart paths meet ADA standards »Identifying areas where an ADA trail would work best »Identifying areas that would need the most work to make accessible »Providing recommendations to improve the system overall PREVIOUS PLANS, REPORTS AND POLICIES 1655 N. Fort Mye r D r i v e , Suite 1300 Arlington, VA 22209 Phone : (703) 525-6300 Fax : (703) 525-4610 BASELINE CO N D I T I O N S R E P O R T FOR THE VISTOSO GOL F C O URSE ORO VALLEY, ARIZONA Prepared By: The Conservatio n F u n d Gavin Kakol June 2022 June 8, 2022 Kristy Diaz-Trahan, CPRP Director Parks and Recr e a t i o n D e p a r t m e n t Town of Oro Vall e y 10555 North La C a n a d a D r i v e Oro Valley, AZ 8 5 7 3 7 Dear Kristy: Thanks for the o p p o r t u n i t y t o e v a l u a t e t h e o l d g o l f c a r p a t h s f o r t h e i r a c c e s s i b i l i t y i f u s e d as pedestrian tr a i l s . I n t h i s r e p o r t , w e i d e n t i f y a n d d i s c u s s t h e a p p l i c a b l e r e q u i r e m e n t s of the Americans w i t h D i s a b i l i t i e s A c t ( A D A ) , a n d t h e p r o c e s s w e u s e d t o evaluate the golf car paths. W e t h e n r e v i e w o u r f i n d i n g s , a n d c l o s e w i t h r e c o m m e n d a t i o n s f o r y o u r consideration. APPLICABLE A D A R E Q U I R E M E N T S The Americans with D i s a b i l i t i e s A c t (ADA) became effective J a n u a r y 2 6 , 1 9 9 2 ( see 42 U.S.C. § 12101). The statute proh i b i t s d i s c r i m i n a t i o n o n t h e b a s i s o f d i s a b i l i t y . I t a f f o r d s similar protectio n s a g a i n s t d i s c r i m i n a t i o n a s t h e C i v i l R i g h t s A c t o f 1 9 6 4 d o e s f o r r a c e , religious belief, g e n d e r , a n d other circumst a n c e s . Americans wit h D i s a b i l i t i e s A c t ( A D A ) G e n e r a l M a n d a t e s The ADA has thr e e principal chapter s o r t i t l e s . Title II applies to the Town of Oro V a l l e y a n d the more than 89,000 other unit s o f s t a t e and local governmen t a c r o s s t h e c o u n t r y . It requires the Town to make parks, f a c i l i t i e s , policies, commu n i c a t i o n s , a n d p r o g r a m s a c c e s s i b l e t o a n d u s a b l e by people with disabilities. There are other A D A r e q u i r e m e n t s t h a t a r e n o t w i t h i n t h e s c o p e o f t h i s study. Title I prohibits private employers of 15 or more, or a n y u n i t o f s t a t e o r l o c a l g o v e r n m e n t regardless of the n u m b e r o f e m p l o y e e s , f r o m d i s c r i m i n a t i o n o n t h e b a s i s o f d i s a b i l i t y i n regard to employ e r a n d e m p l o y e e i n t e r a c t i o n s . A d d i t i o n a l l y , t i t l e I I I prohibits privatel y owned places of p u b l i c a c c o m m o d a t i o n o f a l l s i z e , s u c h a s r e s t a u r a n t s , f i t n e s s c e n t e r s , hotels, and non p r o f i t a g e n c i e s t h a t a r e o p e n t o t h e p u b l i c , f r o m d i s c r i m i n a t i o n o n t h e basis of disabilit y . Related Title II R e q u i r e m e n t s A f f e c t i n g Parks and Park Assets The title II requir e m e n t s f o r e x i s t i n g f a c i l i t i e s b e g i n w i t h a r e q u i r e m e n t t h a t t h e programs within those facili t i e s a n d p a r k s a r e w h a t i s t o b e m a d e a c c e s s i b l e . D O J t i t l e I I a t 3 5 . 1 4 9 8 »Context Town of Oro Valley Parks and Recreation Master Plan, 2021 Town of Oro Valley Parks and Recreation »The Town of Oro Valley Parks and Recreation Master Plan conducts an inventory of existing facilities and provides a long-term recommendations to help the maintain and expand the park systems for the next 10 years »Identifies current and future recreation needs in the Town of Oro Valley to help decision makers distribute resources as needed »In the plan, preserving the golf course in Vistoso as open space was rated as a high priority Town of Oro Valley, Arizona: Rancho Vistoso Golf Course Feasibility Study, 2020 Town of Oro Valley Parks and Recreation »Feasibility study to explore possibilities of including the property into the Oro Valley parks and recreation system • Evaluate condition of existing facilities • Identify major maintenance/facility replacement needs • Provided general assessment of facilities • Analyze system circulation conditions • Create concept for redevelopment • Provide cost estimate • Develop operations and maintenance plan Arizona Trails 2015: A Statewide Motorized & Non-Motorized Trails Plan, 2015 Arizona State Parks »Trail plan for the entire state »Provide guidance for potential funding sources through Arizona State Rock Art, Ranch, and Residence: Cultural Resources in the Town of Oro Valley and Its Planning Area, 2010 Town of Oro Valley Planning and Zoning Department »Provides an inventory of cultural resources in the Town of Oro Valley and the larger planning area »Conducts an inventory and an historical record of cultural inventories that have happened in the area • Cultural resources and archaeological sites »Provides recommendations for long-term planning in the area and identifies sensitive areas near the site Rock Art, R a n c h , a n d R e s i d e n c e : Cultural Re s o u r c e s i n t h e T o w n o f O r o V a l l e y and Its Plan n i n g A r e a Prepared by Scott O’Ma c k , M . A . With contrib u t i o n s b y Michael J. B o l e y , R a l p h C o m e y , B r a n d o n Gabler, Mela n i e M e d e i r o s , J a n e t Parkhurst, P o s t e r F r o s t A s s o c i a t e s , J o h n C. Ravesloot , a n d T r e v o r S e l f Submitted t o Town of Oro V a l l e y Planning and Z o n i n g D e p a r t m e n t 11000 N. La C a ñ a d a D r i v e Oro Valley, A Z 8 5 7 3 7 WSA Technic a l R e p o r t N o . 2 0 0 9 - 5 1 January 201 0 FINAL REPO R T WIlliam Self A s s o c i a t e s , I n c . 2424 E. Broa d w a y B l v d . , S u i t e 1 0 0 Tucson, Ariz o n a 8 5 7 1 9 (520) 624-01 0 1 2021 Town of Oro V a l l e y Parks and Recreatio n Master Plan Town of Oro V a l l e y , A r i z o n a Rancho Vistos o G o l f C o u r s e Feasibility Stu d y for: Town of Oro Val l e y P a r k s a n d R e c r e a t i o n D e p a r t m e n t date: September 25, 2020 9 »Process PROCESS3. Initial site analysis and community engagement occurred over the course of the fall of 2022 and spring of 2023. During this process, the planning team used multiple methods to investigate the site and reach out to stakeholders to ensure that the plan was well vetted and that the plan was effective. The community planning process involved a series of interviews, meetings, workshops, and written engagement activities to engage community members throughout the process. Specific activities included: »Site Analysis • Field Study and Documentation • GIS and Aerial Imagery Analysis • Ecological Research and Case Study Review • Document Review »Community Engagement • Community Workshop • Public Meeting • Stakeholder Meeting • Community Survey • Parks and Recreation Advisory Board (PRAB) Meetings • Town Council Meetings • Emails and comment cards from community members Throughout this process, recommendations for the site evolved based upon input from the community and city officials to reflect the vision of the Vistoso Trails Nature Preserve. “Throughout this process, recommendations “Throughout this process, recommendations for the site evolved based upon input from the for the site evolved based upon input from the community and city officials to reflect the vision community and city officials to reflect the vision of the Vistoso Trails Nature Preserve” of the Vistoso Trails Nature Preserve” 10 »Process SITE ANALYSIS A series of site visits were conducted by Sites Southwest representatives from November 14, 2022, through November 18, 2022. The purpose of the field reviews was to develop a thorough understanding of the existing conditions and operational needs of the Preserve. During these investigations, the following observations were documented. Listing of Current Site Uses The current uses at the Preserve include the following: »The existing 6.2 miles of concrete cart path, which ranges in width, is being used as a multi-use trailway. User types observed included: • A wide range of recreational bike types, including electric bikes • Electric scooters • Walkers • Joggers • A range of baby/kid stroller types, including jogger, double and bassinet styles »The parking area adjacent to the former golf course clubhouse is being used as a trailhead. »The parking area adjacent to the former golf course maintenance yard is being used as a trailhead. »Preserve Vistoso prepared a 174-page field guide that is available to the public and documents the plants, birds and mammals that inhabit the Preserve. The site is being used by individuals and organized groups for habitat viewing and photography. »The site is being used by individuals and organized groups for dark sky viewing and photography. »Innovation Academy is developing programs that incorporate the Preserve. THE EXISTING 6.2 MILES OF CONCRETE CART PATH IS BEING USED AS A MULTI-USE TRAILWAY Listing of Current Site Maintenance Operations Maintenance of the facility is currently outsourced to Brightview who’s responsibilities includes keeping the path, the 2 feet edges, tree limb overhangs, and underpasses tidy and clear of debris, and they are responsible for mowing fairways. They are also responsible of the on-going treatment and removal of invasive species and bermuda grass throughout the driving range, fairways, greens, and tee boxes. Listing of Current Site Conditions During the initial review of the site, our team observed the following: Cart Path »The cart path is being used as multi-use trail and is constantly occupied with a wide range of users. »Sections of the cart path are cracked and missing expansion joints. »Portions of the cart path have elevated curbing. »There are many sections adjacent to the cart path that have been filled with rock to address erosion concerns. »There does not appear to be shoulders along much of the cart path. »Sections of the cart path do not appear to meet ADA requirements for multi-use trailway use. »Sections of the cart path that cross existing washes are showing signs of erosion and undercutting. »The sightlines into and out of the cart path tunnels are narrow and the height of the tunnel is low. Additional signage may be needed to address safety concerns. »Sections of the cart path are located very close to residential lots and view fences. »At grade road crossings of the cart path were noted. Additional safety signage should be placed in these locations. 11 »Process »Trail rules and regulation signage have been installed along sections of the cart path. Access »Several social trails connecting the surrounding neighborhoods to the cart path were noted. »Users are accessing the Preserve from the neighborhood social trails and the parking lots located at the former golf course club house and maintenance yard. »A few “volunteer” mountain biking trails have been developed and mountain biking use was observed. Based on the conservation easement language, this is not a permitted use. Facilities & Infrastructure »The existing restrooms are currently under renovation (the renovations were completed in Spring 2023). »Portions of the existing irrigation system appear to have been damaged. Further information will be needed to determine if any of the system can be reused to establish future plantings throughout the Preserve. »The former pond area was observed and based on community input, suggestions for this area include refilling with reuse water, filling with dirt, and/or creating a constructed wetland for wildlife habitat. A few dead trees were observed between the road and pond location. »The former maintenance yard was observed, and it is recommended that this area, which is secured by walls and fencing, continue to be used to support future restoration and maintenance needs of the Preserve and Town operations. This area could also feature a trailhead. Surrounding Residential »Bird feeders within the Preserve and adjacent to residences were observed in several locations. »Site furniture, signage, real estate brochure boxes and accent lighting have been placed within the Preserve adjacent to residential areas. »Clearing of portions of the Preserve adjacent to residents was observed in several locations. Vegetation »The site is being maintained and no areas of debris, trash and/ or dumping were observed. »Invasive species and bermuda grass treatment and removal was observed at the driving range, fairways, tee boxes and greens. The maintenance of these invasives will be ongoing until these species are removed from the Preserve. Based on the conservation easement language and our team’s field observations, improvements to the site will need to address: » The long-term protection of the sites ecological and cultural resources » Providing education opportunities for a wide range of user groups that is inclusive of all ages »Creating site-sensitive passive recreational attributes PHOTOS LEFT TO RIGHT: EXISTING SITE PHOTOS 12 »Process MAP REVIEW In addition to site visits, the planning team used Geographic Information Systems (GIS) analysis to analyze current conditions, provide a basis for site analysis, and provide initial site planning scenarios using maps. The Town of Oro Valley staff provided the team with numerous datasets including aerial imagery, site boundaries, parcel data, topographic data, floodplains, washes, and existing cart paths. Then, based on these datasets, the planning team was able to create datasets including, categorized vegetation zones, existing visitor facilities, site boundary buffer, and proposed trail alignments. GIS datasets assisted the planning team in identifying opportunities with site recommendations. Figure 1. One of the existing conditions maps used for the community workshop 13 »Process COMMUNITY INTERACTION Community Workshops During the community outreach and public participation phase of the Vistoso Trails Nature Preserve Master Planning process, the Town of Oro Valley hosted a community workshop meeting for the purpose of receiving comments and programming input from community members. The meeting was held at the Oro Valley Public Library from 10:00 AM to 4:00 PM on Wednesday, November 16, 2022. This meeting had multiple opportunities for attendees to learn and provide input, including one of the two (2) programming stations manned by representatives from the consulting team, information boards. A presentation was also conducted. The image board station was comprised of a series of presentation boards that outlined the master planning process and schedule, and included photographs of the following potential programming elements: »Trail types - (including nature trails, walking trails and multi-use paved trails) »Trail amenities - (including impervious parking areas, rest areas, site furniture, signage, and public art) »Site structures - (including pavilions, shade structures, overlooks and wildlife viewing blinds) »Nature play spaces - (including natural structures that are woven into the existing terrain) »Passive open spaces - (including outdoor classrooms) An existing conditions base map of the project site was located at each of the two (2) programming stations, which were manned by representatives from the consulting team. The workshop format allowed attendees to review the initial Preserve base map, ask questions and offer suggestions for proposed Preserve improvements and desired amenities. Most comments received were focused on preserving the character of the site and creating amenities that would allow users to enjoy and engage with the natural environment. Many of the attendees proposed the following improvements/ amenities: »Provide separate trails for walking and biking »Provide loop trails for walking and biking »Provide neighborhood connection trails »Keep the area natural and protect the mountain views »Revegetate the site with native plant material »Provide limited parking »Provide environmental education opportunities for the community »Turn the former pond into a site amenity »Create shaded resting areas along the trail(s) »Create a volunteer network to assist with funding, maintenance, and planting »Create guidelines to prevent the clearing of Preserve property that lies adjacent to residential areas IMAGE BOARD FROM COMMUNITY MEETING It should be noted that there were also requests for the inclusion of a disk golf course, a dog park and mountain biking trails. Participants were informed that these uses are not permitted in the Preserve based on the conservation easement agreement. It was further clarified that while the easement does not support a mountain biking park and that changing the landscape for an intensive use does not comply to the spirit of the easement, it does allow for passive recreational biking that includes the use of road bikes, mountain bikes, e-bikes, etc. on trails. Additionally, comments regarding potential traffic safety and impacts to the adjoining residential communities were received. The information collected from this community workshop will be incorporated into the Vistoso Trails Master Plan and will be used to assist with the development of the Preserve’s programming. 14 »Process Public Meeting A public meeting was held at the Oro Valley Town Council Chambers on Thursday, November 17, 2022. The purpose of the meeting was to provide a project overview and schedule for the master planning process of the Vistoso Trails Nature Preserve and to receive comments regarding the future programming for the facility. Sites Southwest introduced the consulting team, master planning process, community and stakeholder input so far, and project timeline. At the conclusion of the presentation, comments from the community emphasized a minimalist approach to the Preserve’s trails and facilities, with a major emphasis on natural desert vegetation and a photo opportunity as it had been in the past. There was also a desire to restore the pond to some capacity, potentially as a wetland for wildlife. Finally, there were concerns with interactions between user groups, especially between walkers and bicyclists. Educational elements are strongly desired. There were several comments concerning appropriate amounts of parking in the area, especially off of West Vistoso Highlands Drive, leaning towards minimal new parking near the Preserve. Community Survey The Town of Oro Valley invited the community to participate in the master planning process for the Vistoso Trails Nature Preserve. The Parks and Recreation department administered the survey to gather input from community members to help plan and design this community-focused space to reflect the needs of Oro Valley residents. The survey gathered input on future site improvements, visitor experience and land-use management that was used to help develop this Master Plan. Key findings of the survey include: »The survey showed that the community is very aware of the Preserve. However, there is some sign of a self-selection bias inherent in the opt-in nature of the survey. »Given the high response rate among those who frequently visit the Preserve (75 percent of respondents visit at least once a month), the survey should be considered skewed towards current users. »There is broad agreement about the amenities sought at the Preserve. »Frequent visitors tend to be pedestrians. Less frequent visitors tend to drive a vehicle to the Preserve. »Those who have never visited the Preserve may be drawn in with a greater number of dirt trails, shorter distance loops and trailheads. Methodology The survey was available both online and via paper copy. Overall, 622 surveys were completed over the course of November 2022. The overall results have a precision of at least +/- 3.9 percent at the 95 percent confidence level (meaning we can be 95 percent confident that the survey results reflect the overall opinions of Oro Valley residents to within plus or minus 4 percentage points on any answer). However, participants were able to choose whether to participate in this survey, thus introducing a possibility of self-selection bias. Self- selection bias occurs when the group that chooses to participate is not equivalent to the group that opts out. We can generally assume that individuals that took time to respond to a survey regarding the Vistoso Trails Nature Preserve are more likely to be users of the Preserve than those who chose not to participate. DDRRAAFFTT VViissttoossoo TTrraaiillss NNaattuurree PPrreesseerrvvee CCoommmmuunniittyy IInnppuutt QQuueessttiioonnnnaaiirree The Vistoso Trails Nature Preserve presents the beauty of the Sonoran Desert teeming with wildlife and artifacts of the Native Americans who lived and hunted there. The existing 6.2‐mile, eight‐foot‐wide concrete path winds through the 202‐acre property providing visitors with views of the Catalina and Tortolita mountains, examples of varied desert vegetation, and the opportunity to view an abundance of wildlife. Located in north Oro Valley, the permanently protected Vistoso Trails Nature Preserve provides residents and visitors a new location to connect with the natural world. You can find additional information about the Preserve at https://www.pre s e r v e v i s t o s o . o r g / and at https://www.oro v a l l e y a z . g o v / G o v e r n m e n t / D e p a r t m e n t s / P a r k s ‐and‐ Recreation/Parks / V i s t o s o ‐Trails‐Nature‐Preserve. Sites Southwest, a landscape architecture and planning firm, is assisting the Town of Oro Valley in developing the Vistoso Trails Master Plan. In order to do this most effectively, we need your help in identifying the types of features and amenities you would like to see in the preserve. We would also like to learn more about how you would use the preserve and what might encourage you to use it more often. Your honest responses to the questions below will help us take the next steps to plan and design a community‐focused facility that reflects the needs of your community and the Town of Oro. 11.. AArree yyoouu ffaammiilliiaarr wwiitthh tthhee VViissttoossoo TTrraaiillss NNaattuurree PPrreesseerrvvee?? AA.. YYeess BB.. NNoo 22.. HHaavvee yyoouu vviissiitteedd tthhee VViissttoossoo TTrraaiillss NNaattuurree PPrreesseerrvvee?? AA.. YYeess BB.. NNoo 33.. IIff yyoouurr rreessppoonnssee ttoo QQuueessttiioonn 22 wwaass yyeess,, hhooww oofftteenn ddoo yyoouu vviissiitt tthhee VViissttoossoo TTrraaiill NNaattuurree PPrreesseerrvvee?? 44.. HHooww ddoo yyoouu ttrraavveell ttoo tthhee VViissttoossoo TTrraaiill NNaattuurree PPrreesseerrvvee?? AA.. WWaallkk BB.. BBiikkee CC.. DDrriivvee 55.. WWhhaatt ffeeaattuurreess aanndd aammeenniittiieess,, ((ttrraaiillss,, sseeaattiinngg aarreeaass,, eedduuccaattiioonnaall ssiiggnnaaggee,, eettcc..)),, wwoouulldd yyoouu lliikkee ttoo sseeee aatt tthhee VViissttoossoo PPrreesseerrvvee?? PPlleeaassee lliisstt tthhee ffeeaattuurreess aanndd aammeenniittiieess tthhaatt yyoouu wwoouulldd eennjjooyy.. 66.. AArree tthheerree pprrooggrraammmmeedd aaccttiivviittiieess,, ((eeccoo‐‐ttoouurrss,, eexxeerrcciissee ccllaasssseess,, ssttaarr ggaazziinngg,, eettcc..)) tthhaatt yyoouu wwoouulldd lliikkee ttoo aatttteenndd aatt tthhee VViissttoossoo PPrreesseerrvvee?? PPlleeaassee lliisstt tthhee aaccttiivviittiieess tthhaatt yyoouu wwoouulldd eennjjooyy.. 77.. WWoouulldd yyoouu vviissiitt tthhiiss pprreesseerrvvee iiff tthhee aammeenniittiieess yyoouu ssuuggggeesstteedd wweerree iinncclluuddeedd?? AA.. YYeess BB.. NNoo 88.. WWoouulldd yyoouu vviissiitt tthhee pprreesseerrvvee iiff tthhee pprrooggrraammmmeedd aaccttiivviittiieess yyoouu ssuuggggeesstteedd wweerree iinncclluuddeedd?? AA.. YYeess BB.. NNoo 99.. DDoo yyoouu hhaavvee aannyy aaddddiittiioonnaall ccoommmmeennttss?? TThhaannkk yyoouu ffoorr yyoouurr ppaarrttiicciippaattiioonn!! 15 »Process Select Survey Results 169 respondents took the time to submit an open-ended response as well. Among open-ended responses, including restrooms was a priority along with refilling the lake/pond, minimally disturbing the natural desert landscape and having regular pet waste receptacles. Other Open-Ended Amenity Responses Other Amenities Respondents »Restrooms 31 »Lake/pond (large natural water feature with wild plants/ animals)22 »Natural vegetation (minimal investment and disturbance of native plants/animals)21 »Trash receptacles 18 »Signage (mile markers, maps, keep dogs leashed, rules of the trail, land acknowledgment)16 »Event space (amphitheater, community space, education facility, beer garden)12 »Accessible trails (paved or hard-packed trails for people of all abilities)10 »Potable water stations 8 »Separated bike paths 7 »Disc golf 6 »Gardens: Community, cactus, butterfly, rock, Zen, botanical 6 »Shaded areas 6 »Improved aesthetics around the dry lakebed and boulevard 6 »Public art 5 »Feeder trails (park is accessible from multiple points and is easily accessible from surrounding neighborhoods)4 »Parking 4 »Food and beverage options 4 »Pump track or other mountain bike infrastructure 3 »Dog park 3 »Water feature (separate from lake/pond, e.g. fountains)3 »Exercise stations 2 »Children's playground/nature play space 2 »Mini golf 2 »Bike racks 1 »Sundial 1 Grand Total 169 Frequency of Visits Over 51% of respondents were frequent visitors to the Preserve (visiting at least once a week) and nearly 75% of respondents are at least occasional visitors to the Preserve (visiting at least once a month). However, over 14% of the participants had never been to the Preserve. Means of Travel Most respondents visit the Preserve on foot, with a quarter visiting by vehicle. Desired Amenities A majority of respondents favored two types of amenities. 65 percent of respondents indicated that they would like to see benches at the Preserve. 50% of respondents would like to see shade structures. Familiarity with Preserve Respondents to the survey were very familiar with the Preserve – nearly 97 percent of respondents were very or at least a little familiar with the Preserve. 16 »Process Survey Conclusions Key findings and conclusions of the survey include: »The survey showed that the community is aware of the Preserve. However, we should be cautious of a self-selection bias inherent in the opt-in nature of the survey. It is difficult to assess the amount of self-selection bias in a survey, yet we can be reasonably sure it exists. Other outreach methods may reflect the opinions of different groups within the Town. Use of the Town’s Flashvote survey instrument may offer the opportunity to benchmark the results of this survey. »Given the high response rate among those who frequently visit the Preserve (75 percent of respondents visit at least once a month), we should consider this survey skewed towards current users. »It may be determined that serving those who already utilize the Preserve is the wise strategic direction in a limited funding environment. »There is broad agreement on the amenities sought at the Preserve. »Benches, shade structures, water features, educational signage and dirt trails were all popular amenity choices and were favored by all respondents, frequent uses, and those who have never visited the Preserve. »Frequent visitors tend to be pedestrians. Less frequent visitors tend to drive a vehicle. »We can likely assume that frequent visitors are also more likely to be from the neighborhoods that border the Preserve. »Those who have never visited may be drawn in with greater number of dirt trails, shorter distance loops and trailheads. Parks & Recreation Advisory Board A presentation was made to the Town of Oro Valley Parks and Recreation Advisory Board on Tuesday, November 15, 2022. The Parks & Recreation Advisory Board (PRAB) acts in an advisory capacity to the Town Council in matters pertaining to parks and recreation, parks design, open space and trail use (prior to the review comments being submitted to other Boards, Commissions or the Council). The purpose of the presentation was to provide a project overview of the scope of work and schedule for the master planning of the Vistoso Trails Nature Preserve and to receive suggestions and comments regarding the future programming for the facility. The intention of this presentation was to introduce the Sites Southwest consulting team, the Master Plan and the process, and provide context for previous recommendations. At the conclusion of the presentation, the following comments were received from meeting attendees. »One blue card was presented from a resident who wants pollinator propagation to be considered as part of the master plan. This should include adding plants that will help sustain the Monarch population and bring other pollinators to the area. »The Master Plan should include a phasing plan for implementation. »The Master Plan should include a habitat management plan. »The Master Plan should provide access to variety of users. »The Town has posted a questionnaire on its website and already received 230 responses as of November 15, 2022. »Seventeen residential communities have easy access to the Preserve. Town Council Meeting Summary A presentation was made to Oro Valley’s Mayor and Council on Wednesday, November 16, 2022. Oro Valley’s Mayor and Council are committed to providing high-quality municipal services and responsible development. The Town Manager, the Mayor and Council provide policy direction by adopting rules, regulations, and procedures to meet community needs. The purpose of the presentation was to provide a project overview of the scope of work and schedule for the master planning of the Vistoso Trails Nature Preserve and to receive comments regarding the future programming for the facility. At the conclusion of the presentation, the following comments were received from Mayor and Council: »Council member Solomon expressed concerns regarding the future/unknown costs to maintain the Preserve and asked what it would cost to maintain the Preserve on an annual basis. Oro Valley Park and Recreation Director Kristy Diaz-Trahan explained that the maintenance costs will be addressed in the annual park and recreation department budget and that these costs will be determined based on the approval of the final master plan document. Currently, maintenance of the Preserve is being outsourced. The current fiscal year has $220,720.00 identified for general landscaping, which is outsourced to Brightview Landscape for general maintenance. There is an additional $350,000.00 for capital improvement work that includes the Master Plan, restroom, and cart path repair. During the next fiscal year funds will be spent to fix the cart path, washes, and additional areas of erosion. The consultant team has been directed to create a Master Plan that can be developed in phases as funds and grants become available. Issues concerning future implementation and maintenance funding and budgeting will be addressed during the budget approval process with the Town Council. »Vice-Mayor Barrett asked for more information on the services that Acorn will be providing. It was explained that Acorn is working with local schools to develop curriculum that incorporates the Preserve. Additionally, it was stated that there is tremendous potential for biology classes and projects to be connected to the Preserve including the mapping of plant material and measurement of plant growth. »Vice-Mayor Barrett stated she thought it was very important that the site be revegetated. »Council member Bohen asked if there is a cost estimate for the improvements and maintenance. Oro Valley Park and Recreation Director Kristy Diaz-Trahan explained that this information will be included in the Master Plan. »Council member Nicolson asked what grants were available. Sites Southwest stated that grant sources will be identified based on the master plan programming and will be included in the final document. »Council member Jones-Ivey stated that she had meet with Sites Southwest and is looking forward to the development of the Master Plan. »Oro Valley Parks and Director Kristy Diaz-Trahan stated that standards need to be developed for improving the Preserve buffer zones that are adjacent to residences and that the process for submission, approval and execution will need to be established. Survey ConclusionsSurvey Conclusions The survey showed that the community is The survey showed that the community is aware of the Preserve. However, we should be aware of the Preserve. However, we should be cautious of a self-selection bias inherent in the cautious of a self-selection bias inherent in the opt-in nature of the survey. opt-in nature of the survey. 17 »Process Surveys 2024 The Town of Oro Valley conducted surveys in January and February of 2024; they were released to three groups: the Friends of Preserve Vistoso, then to the Community-Wide of Oro Valley, and finally to the Oro Valley Parks and Recreation Advisory Board (PRAB). This was not a scientific survey; however, it does point out some interesting dynamics surrounding the Preserve which should be noted. Additionally, the Community-wide and Friends responses were answered by upwards of 400 people in each survey, while the PRAB is made up of a board of seven members. The responses to the surveys did show some notable choices among citizens. Native Seeding and Revegetation of the Preserve’s Interstitial Areas (outside of the old golf course proper), and the Revegetation of the Fairways, Greens and Tees were highly favored in all three groups. The Cart Path work was in the top five of all groups surveyed as well. Also, the Pond and Bulkhead improvements showed up approvingly in both the Friends and Community-wide survey; however not in the PRAB survey. Another subject worth noting is that while the Cart Path showed up favorably in both the Friends of Vistoso and Community-wide surveys, neither group was willing to fund it through donations, which infers that they think that is something that the Town should take care of, they would rather donate their monies to the landscaping strategies. Another interesting point worth mentioning is that the PRAB rated the Cart Path as their number one choice and other Preserve usability functions like the restrooms, signage, and ADA Trails highly. Top 5: Friends of Preserve Vistoso 1. Cart Path Work 2. Pond and Bulkhead 3. Native Seeding and Landscape – Interstitial Areas 4. Revegetation and Reclamation of Fairways, Greens and Tees 5. Restroom Top 5: Communitywide 1. Native Seeding and Landscape 2. Pond and Bulkhead 3. Restroom 4. Cart Path Work 5. Revegetation and Reclamation of Fairways, Greens and Tees Top 5: PRAB 1. Cart Path Work 2. Restroom 3. Signage and Wayfinding 4. ADA Trails 5. Native Seeding and Landscape 18 »Process Friends of Preserve Vistoso SURVEY - FUNDRAISING AND DONATIONS 2/6/24, 4:22 PM Vistoso Trails Nature Preserve Draft Master Plan Projects – Prioritization Survey https://survey123.arcgis.com/surveys/005664a95c634298ac96d41116aa83a7/analyze?position=0.below_is_a_list_of_projects_ple 2/24 Answered: 422 Skipped: 0 Are you willing to fundraise/contribute? Answered: 422 Skipped: 0 No Yes No 253 59.95% Yes 169 40.05% Which project would you be willing to donate to? Answers Count Percentage 1 40% Willing to Donate / 60% Not Willing to Donate 2 Donation Amounts: Between $100.00 to $500.00 With reservations 3 Donation Amounts: Some as high as $25,000.00 Donations by Project Elements: 4 First: pond bulkhead, all projects, native seeding and revegetation, cart path Second: native seeding, revegetation, waterfall/pond, pollinator garden, education garden Third: pollinator garden, waterfall/pond, cart path, native seeding, revegetation Fourth: all projects, native seeding, ped traffic control (stone canyon), pond bulkhead, revegetation Fifth: pollinator garden SURVEY - ELEMENTS RANKING VS DONATIONS 1 Cart Path Repairs 2 Re-Envision / Redesign Pond 3 Reseed and Revegetate Interstitial Landscapes Reseed and Revegetate Fairways, Tees, and Greens 4 2/6/24, 4:22 PM Vistoso Trails Nature Preserve Draft Master Plan Projects – Prioritization Survey https://survey123.arcgis.com/surveys/005664a95c634298ac96d41116aa83a7/analyze?position=0.below_is_a_list_of_projects_ple 3/24 0 20 40 60 All ProjectsADA TrailCart Path Work...Education Gard...Native Seeding...Outdoor Classr...Pedestrian Tra...Pollinator Gar...Pond - Bulkhea...Restroom #1 Re...Revegetation a...Signage - Wayf...Site Furnishin...STEM TrailTrailhead Park...Waterfall Reco...Wildlife Blind...All Projects 47 11.14% ADA Trail 2 0.47% Cart Path Work - Removals, Rebuilds, Shoulder Improvement s, Repairs, Drainage 13 3.08% Education Gardens & Trail 0 0% Native Seeding & Landscape Plantings 14 3.32% Outdoor Classroom 1 0.24% Pedestrian Traffic Control to Stone Canyon Gatehouse 0 0% Pollinator Garden 4 0.95% Pond - Bulkhead Removal/Demolition, Reconstruction & Infras tructure 53 12.56% Restroom #1 Repair (restroom closest to where driving range existed) 2 0.47% Revegetation and Reclamation of Fairways, Greens & Tees 1- 18 15 3.55% Answers Count Percentage Other Work 5 SURVEY - ELEMENTS RANKINGS Below is a list of projects by ranking. 1 Cart Path Repairs 2 Re-Envision / Redesign Pond and Bulkhead 3 Reseed and Revegetate Interstitial Landscapes 4 Reseed and Revegetate Fairways, Tees, and Greens 5 Restroom 19 »Process SURVEY - PRIORITIES FOR DONATIONS 20 »Process Community-wide Survey SURVEY - ELEMENTS RANKINGS 1 Cart Path Work 2 Restroom 3 Signage and Wayfinding ADA Trails4 Native Seeding and Landscape5 SURVEY - ELEMENTS RANKINGS Vistoso Trails Visits – 82% have visited / 15% have not 1 Native Seeding and Landscape 2 Pond and Bulkhead 3 Restroom 4 Cart Path Work 5 Revegetation and Reclemation of Faireways, Greens, and Tees Parks and Recreation Board Survey (PRAB) 21 »Master Plan MASTER PLAN4. There are very few precedents for Vistoso Trails Nature Preserve. While golf courses have been losing popularity for many years, most of them have been converted into subdivisions, not preserves for connecting with nature. Not so in Oro Valley, Arizona; the land of a former golf course will be converted over time to an excellent urban open space park reclaimed for the use of the town and its residents, which will provide exceptional examples of Sonoran Desert with its inherent wildlife and landscape, along with other opportunities. The Vistoso Trails Nature Preserve will offer residents and visitors with setting for hiking, running, cycling, birding and other wildlife viewing, contemplation, exercise, and education. It will also provide habitat for a wide range of mammals, birds, reptiles, and other animals, and it will foster the regeneration of desert forests that will help positively control environmental conditions and climate change while providing the residents and visitors of Oro Valley with passive recreational opportunities. Within this section of the Master Plan we propose ideas and strategies for the future of this Preserve that will provide guidance for its trail development, landscape regeneration and habitat creation, and its programmed activities. The goals presented in this Master Plan will ultimately provide Oro Valley with an exemplary nature preserve. “Within this section of the Master Plan report we “Within this section of the Master Plan report we will propose ideas and strategies for the future of will propose ideas and strategies for the future of this Preserve that will provide guidance for its trail this Preserve that will provide guidance for its trail development, landscape regeneration and habitat development, landscape regeneration and habitat creation, and its programmed activities. creation, and its programmed activities. 22 »Master Plan They include: »The long-term protection of the site’s ecological and cultural resources. »Inclusive and accessible educational opportunities for a wide range of user groups of diverse ages, abilities, and backgrounds. »Site-sensitive passive recreational attributes that tastefully integrate the built environment within the natural surroundings. The greater concepts that emerged through the process of extensive stakeholder and public involvement are:: »Create a system of walking/biking trails »Create areas for wildlife viewing »Connect the Preserve trail system to the town pedestrian system »Provide dispersed parking areas and directional signage »Re-purpose the former pond for habitat, education and wildlife viewing »Provide an area for family gatherings by the former pond area »Re-purpose the former driving range area to include educational gardens »Provide educational opportunities, minimally at K-6 grades »Provide interpretive opportunities to enhance trail experiences, such as dark sky viewing »Address wash area erosion and safe crossing concerns »Create natural structures and water features to support habitat »Re-establish native vegetation throughout the Preserve »Provide shade and seating areas »Develop operations and management protocols CONCEPTS The Vistoso Trails Wildlife Preserve will become a well planned and cultural resource for the town of Oro Valley. The former cart path will become the primary access corridor for the Preserve, albeit with some modifications to provide safety and accessibility. The landscapes will be regenerated to supply both human and wildlife benefits though revegetation methodologies that will repair this former Sonoran Desert Ecosystem and convert it from golf course relics to healthy open space. The amenities that will be provided in the Preserve will enable visitors to comfortably use this town resource including more seating and shade, and more ability to observe its natural resources while providing habitat for wildlife. On the following page we have provided an illustrative master plan of Vistoso Trails Nature Preserve. On the pages following that more detail about master plan components is included. 23 »Master Plan SCALE = 1” = 600’ 0 600’1.200’ ILLUSTRATIVE MASTER PLAN Existing Cart Path Tee Boxes Fairways / Driving Range Putting Greens Undisturbed Desert Sand Traps Proposed Wildlife Drinkers Proposed Rest Areas Proposed Trailhead Parking Proposed Shared Use-Weekends Only Existing Restrooms LEGEND FormerDrivingRange Former Pond FormerMaintenanceYard 24 »Master Plan Restoring the landscape in the areas within the Preserve that supported a golf course to native Sonoran Desert landscape will likely be among the most difficult improvements to the land. The landscape of the Preserve is really two or three different landscape typologies, there is the native landscape that was minimally touched as part of the golf course construction; the native landscape that was more heavily affected by the construction of the golf course; and then there is the landscape that was the golf course and its ancillary features (tees, fairways, greens, pond). The approach would therefore be threefold: »Minimally Touched Native Landscape – the approach for areas that are for the most part good examples of Native Sonoran Desert Landscape will require protection and revegetation of social paths. The protection will come in the form of temporary fencing that shields native landscape from further destruction from both visitors and from contractors improving other parts of the Preserve. The social trails that exist should be reclaimed and potentially obstructed by fencing, boulders, or other means, to stop further landscape degradation. »Degraded Native Landscape – areas that were impacted in more severe ways include the edges of fairways that were driven over by maintenance or other vehicles, areas that were cleared for viewsheds or golf drivesheds, and areas that were used for staging events when the Preserve was a golf course. These areas should be revegetated with a combination of small plants and potentially large plants and seed to bring back these places to a healthier desert ecosystem. »Former Golf Course – the areas that were formally golf course such as tees, fairways and greens will take a more aggressive approach to restoration. This will include more intense soil ripping, perhaps along with grading, and revegetation. It will likely also include the use of glyphosate primarily because of the Bermuda grass that grew there for upwards of 25 years. The first step will be to rip or cultivate the Bermuda into the soil after it has been sprayed with glyphosate, and after the monsoon season greening of the Bermuda to increase seed to soil contact. Then the seed would be broadcast over the soil and a cultipacker would be used to press the seed into the soils and ruffle the soil. Finally straw (not hay) would be crimped into the soil to cut down on erosion and any dust problems that might occur. If the chosen contractor had a seeder cultipacker combination, that saves a step in the process. Lastly, to speed up the revegetation process we would also suggest planting trees and perhaps shrubs in select or important areas like the old driving range. We have included a plant list in the appendix that should be drawn from regarding the plants that would be used for the landscape regeneration. PHOTOS LEFT TO RIGHT: MINIMALLY TOUCHED LANDSCAPE, DISTURBED LANDSCAPE, FORMER GOLF COURSE LANDSCAPE LANDSCAPE REGENERATION 25 »Master Plan As far as water is concerned, another important tool in the arsenal of treatments for regeneration of the landscape is water harvesting and green stormwater infrastructure (GSI). As is predicted by the majority of leading scientists and meteorologists in the southwest, climate change for us will mean hotter and drier conditions in the future. While the Colorado River has good snow fed years and bad ones the preponderance of low precipitation and low river runoff will continue to have effects on southern Arizona, and it is important that the region consider every alternative to try to reach parity with our environment. The washes and the smaller drainage flows should be harnessed to feed landscape regeneration, this should include strategies to not only direct water but to reserve it as subsurface storage to increase the resilience of the landscape. Strategies include using contour swales on hillsides to capture water and calm erosion; use of check dams like Zuni Bowls along washes to slow drainage water velocities and allow infiltration without scouring the earth. Other strategies include the use of subsurface reservoirs of gravel or straw to increase the length of time that desert plants can tap into these protected water resources to increase landscape sustainability. One final word about harvesting stormwater, there are a number of small and one large wash that flow through Vistoso Trails Preserve. These water sources are ephemeral streams and could also be tapped for water to divert, harvest and utilize. PHOTOS LEFT TO RIGHT: CONTOUR SWALE, CHECK DAM, ZUNI BOWL DAM, SUBSURFACE RESERVOIR, WASH OLD GOLF COURSE BUNKERS GOLF COURSE BUNKERS Golf course sand traps (bunkers) punctuate the landscape of the Preserve throughout. These remnants of the old golf course will be teradicated and the edges feathered into the land surrounding them, and then reclaimed. It may also be possible to harvest water from the surrounding topography and then to install subsurface reservoirs to make them more resilient. 26 »Master Plan THE FORMER POND The former pond for the golf course along West Vistoso Highlands Drive has been rethought as part of this master plan. It will retain its signature photo opportunity; however the water waterfall and pond will be replaced by a small park node called the Desert Garden. The old bulkheads of the pond edge will be obliterated, any remnant soil cement removed and then the earth will be sluffed down and filled in for the most part. The Desert Garden will offer views of the Catalina Mountains in the distance and wildlife in the foreground. Last, a small handicapped accessible parking of approximately13 spaces is planned at the site to allow a short, accessible path to visit and transverse north and east on the trail and get a great experience visiting the Preserve. EXISTING SIDEWALK, (TYP.) EXISTING CART PATH, (TYP.) W VISTO S O HIGHLA N D S D R NATURAL ENHANCED LANDSCAPE AREA EXISTING CART PATH, (TYP.) GRAVEL PATH EXISTING WASH, (TYP.) SCALE = 1” = 150’ 0 150’300’ NODE: POND ZONE EXISTING PUMP STATION PROPOSED PARKING W/ ADA -13 SPACES RAMADA PLAZA DESERT GARDEN 27 »Master Plan The former golf course driving range and its vicinity will be reclaimed. This large somewhat graded area of the old golf course will be accessed through the trail system but also from West Vistoso Highlands Drive. The parking lot and trailhead will be established by the developer of the higher density apartment living where the old clubhouse for the golf course was. »Existing Restroom and Serving Area – directly adjacent to the trailhead is the refurbished restroom with serving counter (from old golf course days). While the serving counter and “back bar” are no longer in use they could be used temporarily for small events to distribute water or snacks. »Driving Range - the old driving range will be transformed into a demonstration of the Sonoran Desert ecotones that envelop the area of Oro Valley. THE FORMER DRIVING RANGE EXISTING RESTOROOMS 28 »Master Plan SHADE As most know, shade is an essential for any outdoor activities in southern Arizona, especially in the hotter months. Shade should be provided through the use of trees, preferably natives or endemics, or through mechanical means through the use of shade structures. Due to the nature of the trail system in the preferred option, both techniques should be planned close to the cart path trail or one of the ancillary trails near either the pond or the old driving range, in this way further disturbance of the ecosystem will be abated and no new trails will be built. Where shade structures and wildlife viewing blinds are constructed, they will be placed close to the path to lessen the environmental costs of adding more pathways to the Preserve. PHOTOS LEFT TO RIGHT: MESQUITE TREE WITH SITTING AREA, SHADE STRUCTURES 29 »Master Plan TRAIL SYSTEM Currently, the trail system consists of over 6 miles of 8-foot-wide pigmented concrete cart path from the preexisting golf course. These cart paths were constructed prior to the establishment of the Preserve and are now being used by the community for recreational purposes. The linear path follows along the undulating golf tees, greens and fairways and returns back to the former club house location near the old driving range. Social trails have also been cut into the ambient desert but as aforementioned these will be reclaimed. The cart path narrows to underpasses under existing roadways using concrete underpasses in three locations – West Vistoso Highlands Drive, North La Canada Drive, and West Pebble Creek Drive. These tunnels are constructed to accommodate a single golf cart which makes it difficult for multiple users to pass each other. It also makes them susceptible to flooding and sand accumulation. However, these underpasses make it safer for pedestrians and cyclists to cross roadways by separating them from vehicular traffic. Also, as noted in the feasibility study for the Preserve there may be ways to install “skylights” in these tunnels to light them up better and make them feel safer. The current condition of the cart path varies throughout the preserve as noted in the Context section of the report. Due to natural shifting of the concrete, separation of concrete slabs, cracking, pitching, and crumbling, especially around washes and drainage paths has been observed in the cart path. This brings up concerns with the overall accessibility of the trail as it exists. EXISTING CART PATH CRACKING 30 »Master Plan The town of Oro Valley authorized an accessibility report be conducted for the existing cart path to determine how it meets the national Americans with Disabilities Act (ADA) standards. After identifying key areas of concern, the report provided recommendations on how to make this cart path network accessible for all. They included making changes to the cart path to meet ADA as follows:. »Trails must provide a firm and stable surface. »The longitudinal (running) slope must not exceed 5% and the cross slope must not exceed 2.08% unless a flat resting area is provided for resting zones. »“When nonstructural alternatives are not effective in making the program (trails) accessible,35.150(b) requires the Town to make alterations to existing parks, facilities, and assets, and when doing so, to treat the alternation as new work and comply with title II 35.151”. However, because of the length of the path and the cost of ADA improvements on 6 miles of concrete, we are recommending that improvements to the existing cart path be constructed over time as the path breaks down to allow the town to make the improvements as it can afford them. The town will though take care of issues along the existing path like at drainageways where the path has been undercut, and in portions of the path that are heaved due to trees and other ACCESSIBILITY influences. In these locations the existing concrete path will be ground down to create a smooth path and where the heaves are too great, that those concrete pads be replaced. Our recommendations also include adding 4’ of gravel to each side of the path for safety and that the vegetation be trimmed accordingly to provide a safe condition for walking, running and hiking and to make the path safer for able bodied users and compromised individuals as well. Other than running and cross slopes, the golf cart path has non-compliant elements that can be amended with maintenance and repair, again over time. There are some areas with tread obstacles like tree roots and crooked concrete slabs which can be removed or repaired. Sand, dirt, and gravel cover the trail in places but can be remedied with regular maintenance. Finally, existing facilities like restrooms and parking lots would only need minor repairs to be ADA-compliant. With accessibility in mind, it is recommended that smaller segments and loops are designated as ADA- compliant trails in order to provide opportunities for all pedestrians to have the capacity to use the proposed cart path. THE TOWN OF ORO VALLEY AUTHORIZED AN ACCESSIBILITY REPORT BE CONDUCTED FOR THE EXISTING CART PATH TO DETERMINE HOW IT MEETS THE NATIONAL AMERICANS WITH DISABILITIES ACT (ADA) STANDARDS 31 »Master Plan 32 »Master Plan THE PREFERRED MASTER PLAN FOR TRAILS Based on trail system analysis and community outreach, three alternatives or options were developed during the master planning process. The alternatives were posed to the public, and both the Parks and Recreation and Advisory Board (PRAB), and the Mayor and Council. The alternative illustrated on the following pages was selected by all as the final and preferred Master Plan for the Trails at the Vistoso Trails Nature Preserve. The highlights of the Preferred Alternative include: »Using the existing cart path as the primary trail path for the Preserve. In specific areas it will need to be improved due mostly to the damage from small washes and the ADA Study. »Adding two 4 foot gravel shoulders on the shoulder of the trail network to allow safer shared use between bicycles and pedestrians »The addition of small parking areas at N Rancho Vistoso Blvd, the Former Pond on W Vistoso Highlands Dr, W Pebble Creek Dr (at the Former maintenance facility), and one on the Developer project being built at the old country club. There will also be an agreement for shared parking with the Innovation Academy along W Desert Fairways Dr. »Some new soft surfaced trails limited to already disturbed places. »The addition of shade and seating locations adjacent to and along the existing cart path. The preferred alternative will retain the existing experience of the trail network while providing walking path opportunities for trail users with mobility issues. This will retain the existing experience of the Preserve, prevent loss of habitat, and reduce construction costs associated with new trail construction. The cart paths will have to be maintained throughout their lifespan and, in some areas, it is highly recommended that the cart path be improved and/or reconstructed to improve trail accessibility and sustainability. The preferred alternative will retain the existing experience of the trail network while providing walking path opportunities for trail users with mobility issues TRAIL FT MI Existing Cart Path 32,750 6.2 ADA Trail—Driving Range 2,530 0.5 Total 37,096 7 EXISTING 8’-0” WIDE CONCRETE CART PATH PEDESTRIAN + BIKES EXISTING HABITAT AND / OR RESTORATION ZONE 4’-0” WIDE PROPOSED GRAVEL SHOULDER PEDESTRIANS ONLY INTERIOR SHOULDER Recommended improvements are detailed in Appendix E. Signage provides information on trail length, surface types, typical slope and cross slope, and list of accessible features should be readily available at trailheads and near facilities. 33 »Master Plan 34 »Master Plan Role of Interpretation and Education at Vistoso Trails Nature Preserve The work of The Acorn Group has focused on both interpretive and educational opportunities at this remarkable site. The former addresses strategies to connect with non-formal visitors who arrive voluntarily. The latter addresses strategies to connect with formal education audiences who seek out-of-classroom experiences that augment the curriculum. While the first group will benefit directly from new interpretive media and experiences at the Vistoso Trails Nature Preserve (Preserve), the second group will additionally benefit from new programs that lend meaning and authenticity to classroom learning. This requires alignment with grade-specific academic content standards and careful coordination with target schools. The interviews we conducted with school administrators have informed our programming recommendations, which are summarized in this section as well. Interpreting for visitors The interpretive summary we created is a foundational tool for interpretation. It summarizes the content underlying new interpretive media. It establishes a framework that helps focus the Preserve’s features as a means to convey conservation messages. And by establishing goals, it reveals outcomes of the visitor’s experience and holds interpretation accountable. While the complete interpretive summary is provided as an appendix in this master plan, the message hierarchy is highlighted below. Consisting of an overarching theme, subthemes, and subtheme- specific key concepts, the message hierarchy is a foundational tool that should guide future work at the Preserve. INTERPRETATION & EDUCATION The theme is the “take-home message” we want visitors to grasp and remember. It is not the subject of the Preserve’s narrative. Rather, it is the unifying idea that pulls everything together and causes pause and reflection in the audience. The subthemes further develop the central theme, allowing for a logical progression into storylines. Key concepts in turn support the subthemes and form the foundation of the hierarchy. They keep the information “in check,” ensuring that we cover important material accurately, keep the interpretive goals in mind, and avoid straying from the messages. Theme Once a golf course and now a Preserve, this site demonstrates nature’s resiliency. Plants and wildlife of the Sonoran Desert continue to “take back” the land, increasing the richness of both the Preserve and the visitor’s experience. Subthemes Thanks to residents, donors, Preserve Vistoso, The Conservation Fund, and the Town of Oro Valley, the Vistoso Golf Course was purchased and repurposed as a nature preserve. Vistoso Trails Nature Preserve is a remarkable piece of the Sonoran Desert. Spanning over 200 acres, it is home to cacti, trees, shrubs, and wildflowers, as well as a dazzling array of wildlife. Nature is resilient, but still, it can benefit from human intervention. Removal of invasive weeds and revegetation with native desert plants are ongoing projects at the Preserve. The Hohokam and other Indigenous People have lived on this land for thousands of years. Resilient and resourceful, the Hohokam were sophisticated desert farmers. Subthemes and key concepts Subtheme one Thanks to residents, donors, Preserve Vistoso, The Conservation Fund, and the Town of Oro Valley, the Vistoso Golf Course was purchased and repurposed as a nature preserve. »Key concept: The Preserve is situated on the former Vistoso Golf Course which was established in 1995-1996 and shuttered in 2018. »Key concept: The Preserve lies adjacent to the Rancho Vistoso development within the Town of Oro Valley. The combined efforts of Preserve Vistoso, The Conservation Fund, and the Town of Oro Valley ensured that the Golf Course property was purchased as a nature preserve. »Key concept: The Preserve is a significant asset to the Town of Oro Valley. Not only does it offer prominent recreational and educational value, but also ecological value. »Key concept: The Preserve is framed by the Tortolita Mountains to the north and Coronado National Forest to the east. The Preserve’s vistas are expansive; its landscape beckons both people and wildlife. »Key concept: Dark skies are particularly noteworthy from the Preserve’s high points. »Key concept: The Preserve is part of the Sonoran Desert which contains globally remarkable biological diversity. Plant communities that are present on the Preserve are in the process of being restored. 35 »Master Plan growing conditions or controlled by or recognized by native wildlife. »Key concept: Volunteers and students engaged in service- learning and community service work, raise native plants in the Preserve’s nursery, and weed and revegetate sections of the Preserve. »Key concept: Nature is reclaiming the Preserve. Native desert plants continue to take hold and wildlife continues to frequent the Preserve as residents and as migratory species. Subtheme four The Hohokam and other Indigenous People have lived on this land for thousands of years. Resilient and resourceful, the Hohokam were sophisticated desert farmers. »Key concept: The Hohokam were present on this land and left clues of their presence. Both they and their ancestors are known for their sophisticated irrigation systems that watered crops, including maize (corn), beans, and squash. »Key concept: The Hohokam native village of Sleeping Snake covers 99 acres within the Preserve boundaries. Archaeological evidence indicates that a ball court anchored the village, pit houses and terraced gardens surrounded it, and art was produced with imported pottery, obsidian, and shell. Intensive occupation of Sleeping Snake Village occurred between 950 and 1150 AD. »Key concept: Artist-created petroglyphs are found at the Preserve. While not authentic, the petroglyphs nevertheless represent a replication of art created thousands of years ago. »Key concept: A petroglyph is an image that is carved, incised, or scratched into stone. It differs from a pictograph that is painted on stone, using natural pigments. »Key concept: Today, descendants of the Hohokam—citizens of the Tohono O’odham Nation—remain connected to the Sonoran Desert. Exceeding standards Throughout the Vistoso Trails Nature Preserve master planning process, we have kept the following interpretive design principles in mind. They are part of a second document, Sign Standards, that appears as an appendix of this master plan. Principle one: Visitor experiences follow seven distinct processes in a sequence: »Advance planning: The OVPR website and Town-owned social media channels provide easy-to-access information about the Preserve, including location, parking, amenities, and programs. »Arrival: A clearly defined entry announces the start of the Preserve experience. »Reception: Prominent welcome signage sets the tone for the experience. »Decompression: An open area directly after the arrival zone allows visitors to rest, take care of necessities, and gather before heading out on the trails or joining a program. »Orientation: Visitors plan their journey and gather the information and tools they need to feel competent with wayfinding. Wayfinding signage includes a site map on the orientation panel and directional signs and confidence markers on the trails. »Interpretation: Throughout the Preserve, interpretive signage anchored in the theme and subthemes presents stories about the Preserve that lend new thought and insight. »Transformation: Visitors have opportunities to manifest changes in behavior, perception, values, and attitude. Subtheme two Vistoso Trails Nature Preserve is a remarkable piece of the Sonoran Desert. Spanning over 200 acres, it is home to cacti, trees, shrubs, and wildflowers, as well as a dazzling array of wildlife. »Key concept: The Sonoran Desert covers roughly 120,000 square miles across five states and two countries. On a global scale, both its pollinator diversity and reptile diversity are renowned. The Vistoso Trails Nature Preserve “returns” 200 acres to this remarkable desert. »Key concept: A snapshot of the Sonoran Desert, the Preserve is home to numerous mammals, birds, reptiles, amphibians, and invertebrates, as well as plants. As sections of the Preserve become restored, more wildlife will likely be attracted to it. »Key concept: The Preserve’s wildlife is generally subdued and shy, with the exception of the javelinas, cottontails, and some of the birds. Calls and songs often announce the presence of birds before they are seen. »Key concept: The Preserve features plants native to the desert scrub and mesquite bosque communities. Shrubs (jojoba, creosote, chuparosa, acacia), cacti, and succulents form medium-height clusters of scrub, while taller trees, including palo verde, mesquite, and ironwood form taller woodlands, or bosques, especially near intermittent streambeds. Subtheme three Nature is resilient, but still, it can benefit from human intervention. Removal of invasive weeds and revegetation with native desert plants are ongoing projects at the Preserve. »Key concept: Plants that are native to this region are adapted to the desert’s growing conditions. Native wildlife recognizes them as sources of food. Exotic species, such as the remnant Bermuda grass are not necessarily adapted to the desert’s 36 »Master Plan Principle two: Interpretive media must make a personal connection with, or be relevant to, the target audiences. »Visitors more readily integrate new learning by relating it to what they already know. Interpretive media can use storytelling, metaphors, and humor to make connections with the audience. Principle three: Interpretive media should provide or encourage novel and varied recreation-based experiences. »Interpretation is based first on recreation. »Thought-provoking questions, hands-on experimentation, and multisensory tips (e.g., what to look for, touch, and listen for) help capture and maintain visitor attention. »Preserve visitors are voluntary learners who engage with interpretive media in a leisure setting. Visitors make more profound and extended connections with “fun” material than instructional material. Principle four: Interpretive media should be based on a theme. »The interpretive media reflect the overarching theme and subthemes. Focusing interpretation on take- home messaging helps visitors see the big picture and organize new information into an intellectual framework they understand. Principle five: Interpretive media should engage visitors in the learning experience and encourage them to take control of their learning. »Exhibit sequencing remains “free choice” among the visiting public. After arrival and decompression, visitors select the order, degree of involvement, and time spent at each panel. The attracting and holding power of the panels is mainly a function of design. »Panel content should demonstrate an understanding of and respect for the audience. During weekdays more significant numbers of K-12 students and teachers likely will visit the Preserve as a field trip where they see real-world applications of science, technology, and engineering. During weekends and special events, greater numbers of local residents and visitors will visit. Comprised of multi- generational family groups, couples, and small groups of friends, these people likely will appreciate experiences that encourage conversation and focused attention. Principle six: Brevity is critical. »Word counts on interpretive panels should not exceed 110 words for the main body of text. Panel titles and subtitles should also be brief (one – seven words each). Callouts should not exceed 35 words. Developing educational programs Outreach at Vistoso Trails Nature Preserve extends beyond interpretation. Given the proximity of the Preserve to several schools, educational programming becomes an essential component that can not only reinforce understanding of content standards, but also celebrate stories about both the land and the people of the Sonoran Desert. The following recommendations are part of a third appendix, Education Recommendations, in this master plan. They span grades K-6 and focus on both science and history/social science. Differing from classroom-based learning, they are explicitly place- based, focusing on the Preserve and the greater Sonoran Desert. Cultivating students’ sense of place, while expanding knowledge and skills related to science, technology, and engineering are tenets of the programs we recommend. Best Practices Adopting and applying best practices will ensure that programs at Vistoso Trails Nature Preserve are relevant and authentic for each target audience, outcome-based, and reflective of Oro Valley Parks and Recreation Department’s mission statement1. We offer the following suggestions to help ensure that programs succeed in delivering place-based experiences and cultivating Preserve stewards among an enthusiastic and receptive student audience. Test the waters Before an education program is developed, staff will need to more fully assess receptivity among the school audience2 and Town staff. Integration of recommendations in the Preserve’s master plan, determining sources of funding for site improvements and teaching supplies, and assignment of Town and District staff to design and pilot-test the program(s) will be critical. Department staff should also assess capacity. Are there adequate numbers of staff and docents to do this work without straining the resources that support the Preserve? What role will Preserve Vistoso play in the recruitment, training, and management of docents? Will these programs complement, not duplicate, programs already taking place in nearby communities? Will these programs celebrate the uniqueness of Vistoso Trails Nature Preserve and help cultivate a sense of place? Embrace backward design We recommend using a program development practice championed by curriculum developers Grant Wiggins and Jay McTighe and business strategists, including Stephen Covey. Rather than begin with preferred topics and instructional activities, we suggest beginning with the end—the desired results—in sight. This backwards approach brings content standards, performance expectations, and goals and objectives to the forefront of curriculum planning. 1 The mission statement of Oro Valley Parks and Recreation is to inspire connection through recreation. 2 The school audience consists of traditional K-12 teachers and students, as well as K-12 homeschooling groups. 37 »Master Plan Typically, backward design encompasses three stages of planning: »Phase one: identify desired results or curriculum expectations. Identify the big ideas (the “enduring understanding”) as well as broad goals and specific, measurable objectives. »Phase two: determine acceptable evidence and identify appropriate assessment tools. »Phase three: plan the learning experiences and instruction. Determine what activities, materials, and resources are needed in order to achieve desired results. Mix It Up We recommend that the Preserve offer education programs that span grade-group levels, ages, content, time commitments, and experiences. At the same time, we encourage staff to start slowly by pilot-testing a program(s) and refining it (them) based on student/ faculty feedback. For formal programs, flexibility is key to accommodating varying needs of teachers which can be dictated by bus schedules. This could mean offering the field programs and field/classroom lab programs in blocks of 1 hour, 1.5 hours, and 2.5 - 3 hours. Regardless of time spent at the Preserve, the District requires that all students return to school by 1 p.m. Proposed programs The Acorn Group recommends that three on-site programs spanning K-6 are developed. Two focus on science; one focuses on history-social science. Each can be academically robust, providing structured opportunities that extend and build upon classroom learning. At the same time, each can be well poised to facilitate student understanding of a “sense of place.” This is particularly possible if field trips to the Preserve are spiraled throughout the K-6 curriculum, taught either in traditional classrooms or in homeschools. By focusing on place-based instruction and celebrating the Preserve as a community-based asset, OVPR can promote excitement and appreciation for the Preserve, the broader region, and students’ place within it. Given the class schedules adopted by middle and high schools, field trips are not easily scheduled at these levels. Instead, the Preserve can be considered a site for community service projects taking place on weekdays after school and on weekends. Such work could include habitat care and restoration, as well as interpretation (e.g., leading weekend tours). Science Discovering the Desert, grades K-2 We see a K-2 program, called Discovering the Desert, as a primary program dedicated to cultivating student’s sense of place. It celebrates the essence of place and answers seemingly basic questions, such as Where am I and What is the nature of this place? As members of the community of Oro Valley, students take stock of the nearby desert, their neighbors (the resident and migratory species with whom they share the desert), and the uniqueness of the setting. Such a program requires that students fine-tune their observation skills and sensory perception. They take part in a guided walk at the Preserve, learn to record observations in a nature journal, and hon the skills of a naturalist. Led by trained docents, they begin to expand their senses, interpret the language of birds, track wildlife, and negotiate a special “sit spot,” likely near the pond, where they each sit quietly and take stock of the desert’s activity. After a few minutes, they reconvene and share their experiences. Discovering the Desert is student-focused. Trained docents serve as facilitators of experiences rather than dispensers of information. The program requires very little equipment—just nature journals and possibly student-grade binoculars and hand lenses. Exploring the Desert, grades 3-6 This program builds upon the Discovering the Desert program and further reinforces the skill sets of a naturalist. It also introduces the role of technology in science. Students explore the Preserve where they use smartphones to access apps and record their observations. They assume the role of community scientists, taking photographs of the plants, animals, and phenomena they notice during their visit, and recording the time, location, and conditions. Possible apps include iNaturalist, Project Noah, Journey North, Nature’s Notebook, Bumble Bee Watch, eBird, eButterfly, and SpiderSpotter. Journey North, for example, tracks seasons and migrations of such animals as hummingbirds and orioles, both of which are present at the Preserve. Students can submit their observations and teachers can access numerous resources, including suggestions for activities that build vocabulary, enhance comprehension skills related to reading and map-making, strengthen inquiry skills, and explore environmental concepts. This could be an exciting, authentic way to record observations; however, it comes with caveats. 1. Parents would need to be informed that their children are accessing science-based apps that do not collect or compromise personal information nor lead the user to any other sites. Their written permission would need to be secured for this activity. 2. To ensure equity and inclusion, the Preserve would need to have some spare smartphones available for use by students who do not have such equipment. Caveats aside, this presents a remarkable opportunity for students to become researchers and contribute to a project that connects their class to a larger community. It also supports STEM and STEAM initiatives. 38 »Master Plan History and Social Science Discovering the Past, grades 3-5 The Preserve is home to a former Hohokam native village called Sleeping Snake. Covering nearly 100 acres, it consists of a ball court site that has yielded numerous artifacts that reveal information about community structure, social organization, and trade dating back to 950-1150 A.D. during its most intensive occupation. While the village site is off limits, we recommend that OVPR consider developing a fabricated archaeological dig site elsewhere at the Preserve for use to teach history. The pit could contain concrete- cast artifact replicas that are secured at various depths. Students on a field trip would learn how to establish a grid, uncover the site, record the location of artifacts, learn about stratigraphy and cross-dating, and generate hypotheses about the artifacts. At the same time, they would also learn about the importance of not disturbing real sites and not removing artifacts when found in the field. We recommend that OVPR discuss the idea of a fabricated archaeological dig site with tribal representatives to ensure that concerns are addressed. This station could take advantage of an existing sand trap site and therefore avoid disturbing habitat. A shade sail would offer protection from the Sun. Because the materials would be exterior- grade and anchored to the pit’s floor and sides, they would hold up against the elements and not “walk away.” While one group would be at the pit, another group would be at the petroglyphs. While created by a modern-day artist, the petroglyphs nevertheless attempt to replicate art created thousands of years ago. Here, students would learn the difference between a petroglyph and a pictograph and the meaning of various symbols. The last activity at this station could be an art project—creating their own rock art on kraft paper using a bleach-dipped cotton swab. Implications for the master plan Both the interviews and the recommendations yield a few physical improvements to the site. These include a shaded, solar panel- powered outdoor classroom where students can gather upon arrival, eat lunch, and convene at a program’s conclusion. A charging station would be helpful, given smartphones would be used during the Discovering the Desert program. Pullouts along the existing pathways would allow small groups of students, as well as general visitors, to step aside and pause as they view the scenery or wildlife known to frequent a particular location. One additional element is the shaded fabricated archaeo pit (in an existing sand trap). Both the outdoor classroom and the archaeo pit should be located near Innovation Academy. 39 »Master Plan PHASING Phasing of improvements for the Vistoso Trails Nature Preserve will be based on providing a safe and accessible open space preserve first, and then over time implementing the revegetation and landscaping of the Preserve piece by piece until all of the areas are improved. It is not intended that the below identified Phases are in a particular order. The first phase of work should however include the safety improvements. Also, based on the desires of the public, the PRAB, and then the Mayor and Town Council, the developments beyond the safety improvements should include the Desert Garden in the old golf course pond area, and as much reclamation and revegetation of the old golf course as is financially feasible. Beyond those improvements, Oro Valley should invest in improvements as moneys become available through appropriations or state and federal moneys. See phasing plan page 40. Safety Improvements Phase The first phase of work will focus on improvements that will make The Preserve a safe place to visit for residents. This will include selective clearing of vegetation and other remnants as needed, removal and replacement of portions of the cart path, some of which are extremely unsafe due to heaving from trees and issues with washes that have overtaken the path. This phase of work will also include signage to direct users as to the proper and safe use of the Preserve and the Cart Path/Trail. Last it will include the reseeding the disturbed areas and grading that were necessarily a part of the cart path repairs. Estimated Opinion of Cost: $159,575.50 Infrastructure Phase The next Phase of the implementation of Vistoso Trails Preserve will focus on the development of trailheads, addressing the rest of the cart path that needs restoration (not related to safety), and parking lots, one in partnership with the apartment project developer. This phase of construction should also include the installation of informational, educational, and wayfinding signage. Other improvements include the cart path graveled shoulder to increase pedestrian safety and flexibility, minor drainage improvements along washes, and the addition of some furniture and reseeding around the edges of the construction. Estimated Opinion of Cost: $1,745,883.00 Desert Garden at Old Pond Area Phase The next Phase of construction should concentrate on the redevelopment of the old pond area that was much loved by residents into a desert Garden, replete with parking, a sitting area with ramadas to take in the beautiful views of the Catalina Mountains, and a desert landscape to show off the excellent vegetation that is the Sonoran Desert. The redevelopment of this garden area will also include razing the bulkheads of the old pond, filling in the old pond depression with clean fill dirt and regrading the area to a natural condition and then reclaiming the landscape with native grass and wildflower reseeding. Estimated Opinion of Cost: $2,077,368.85 Driving Range Revegetation Phase This phase of implementation of the Vistoso Trails Nature Preserve will focus on the obliteration and redevelopment of the old driving range. It includes removal of the Bermuda Grass from the old golf course, regrading the space, and then reclamation and revegetation of the driving range area. It is important that this portion of the old golf course area be treated to remove the memory of the driving range because it is so big and covers such a large area with obvious grading that is very unnatural. Estimated Opinion of Cost: $880,742.36 Reclamation and Revegetation of Old Golf Course Remnants Phase The last phase of the redevelopment of Vistoso Trails Nature Preserve is the removal of old remnants of the golf course, specifically the tees, fairways, greens, and sand traps; and then the revegetation of the entire preserve. This includes removal of exotics and the remnants of Bermuda Grass sod, and the revegetation with Arizona regional native plants. Estimated Opinion of Cost: $2,896,052.45 40 »Master Plan WVISTOSOHIGHLANDSDR NHIDDENSPRINGSDRNRANCHOVI STOSOBLWDESER TFA IR W AYSDRN LA CANA D A D R WPEBBLECREEKDRWPEBBLECREEKDR 0 500 1,000 1,500 2,000250 Feet Vistoso Trails Master Plan Cost Phasing Map PHASE 1 IMPROVEMENTS FUTURE PHASE IMPROVEMENTS Desert Garden Saftey Improvements Includes All Areas of Future Improvements HOLE # GOLF COURSE Source: Sites Southwest April 2024 18 9 8 DESERT GARDEN 7 6 54 3 2 1 10 11 12 13 9 14 15 16 17 41 »Master Plan Below are Cost Assumptions followed by an Opinion of Estimated Construction Costs matching the phasing described in the previous pages of the Master Plan. We have included contingencies of 25% in the construction cost opinions. The reason for this high contingency percentage is that this is a master plan, not construction plans for the project, and there are still a lot of unknowns that would become more apparent after construction level surveys and construction design ensues. During the design phase of the project these unknowns will be uncovered, and contingencies will reduce as the detail of the design progresses. Assumptions General »Cost Estimates are typically based on construction plans with accurate take offs and fully detailed plans. The contingency amount in this Opinion of Probable Construction Costs is developed from a master plan and therefore higher than those done for construction estimates. »It should be noted that the cost estimate includes area take offs in some cases and lump sum amounts in others. This is due to the level of detail available for a specific item, as design develops the details will become more apparent and the cost estimate more accurate. »No grading was done to determine the cubic yardage of earth moved in this cost estimate. Earthwork estimates were based on area or “best guess” scenarios based on similar projects. »Cart path removals and rebuilds for include the entire project area of Vistoso Trails. »Cart path removals and rebuilds were estimated based on the data supplied by the ADA study commissioned by the Town of Oro Valley. 21 locations were determined to need rebuilding based on slopes. »Native seed reclamation and grading for tees, fairways, greens, and sand traps is based on a square footage take off of the land area, no grading was done. »Infrastructure Phase improvements includes other cart path repairs, building parking areas and trailheads, installing wayfinding and directional signage and minor reclamation. It also includes further improvements to the cart path such as soft surface adjacent gravel shoulders. »Estimates for the Desert Garden (the old pond) and Driving Range Areas are based on the more detailed blow up plans for those two areas. DETAILED COSTS VISTOSO TRAILS PRESERVE MASTER PLAN Opinion of Probable Construction Costs - Sites Southwest 4/11/2024 Assumptions General - Cost Estimates are typically based on construction plans with accurate take offs and fully detailed plans. The contingency amount in this Opinion of Probable Construction Costs is developed from a master plan and therfore higher than those done for construction estimates. - It should be noted that the cost estimate includes areas in some cases and lump sum amounts in others. This is due to the level of detail available for a specific item, as design ensues the details will become more apparent and the cost estimate more accurate. - No grading was done to determine the cubic yardage of earth moved in this cost estimate. Earthwork estimates were based on area or "best guess" scenarios based on like projects. - Cart path removals and rebuilds for Phase I include the entire project area of Vistoso Trails - Cart path removals and rebuilds for Phase I were estimated based on the data supplied by the ADA study commissioned by the town of Oro Valley. 21 locations were determined to need rebuilding based on slopes. - Native seed reclamation and grading for tees, fairways, greens and sand traps is based on a square footage take off of the land area, no grading was done. - Infrastructure Phase includes other cart path repairs, building parking areas and trailheads, installing wayfinding and directional signage and minor reclamation. - Estimates for the Pond and Driving Range Areas are based on the more detailed blow up plans for those two areas ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Safety Improvements Phase 1 Mobilization/Demobilization LS 1 $10,000.00 $10,000.00 Allowance 2 Construction Staking LS 1 $7,600.00 $7,600.00 Based on $1,700/AC 3 Selective Clearing, Pruning & Plant Relocation AC 2.9 $7,500.00 $21,750.00 Based on area 4 Cart Path Removals: broken, heaved, and heavily cracked LS 21 $420.00 $8,820.00 Adjusted at .75 of Build Cost 5 Cart Path Rebuilds: rebuild cart path in removal areas LS 21 $1,650.00 $34,650.00 Assuming 8'x16' ea @ $12/sf x 21 fixes = $1,536 ea 6 Safety Signage: share the path, cautionary, and yield signage LS 1 $2,700.00 $2,700.00 Based on $75.00 per sign 7 Earthwork - Unclassified Excavation, Including Placement and Compaction LS 1 $15,000.00 $15,000.00 Based on area not cubic yardage Subtotal $100,520.00 Phase I Soft Costs Adjusted Construction Contingency @ 25%$25,130.00 Design Fee @ 12%$15,078.00 Permits, Fees, Liability, Bonds, etc. (15%)$18,847.50 TOTAL $159,575.50 Notes for Safety Improvements - Pond bulkhead removal and reseeding is included in pond area improvements estimate - It is assumed that the SWPP is not necessary due to small amounts of land distrurbed - Some cart path repairs have already been undrtaken by the Town of Oro Valley and have not been included in this estimate ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Infrastructure Phase (addtnl path improvements, parking, wayfinding, furnishing) 1 Mobilization/Demobilization LS 1 $20,000.00 $20,000.00 Allowance 2 Construction Staking LS 1 $30,000.00 $30,000.00 Based on $1,700/AC 3 Selective Clearing, Pruning & Plant Relocation LS 1 $10,000.00 $10,000.00 Allowance 4 Demolition LS 1 $10,000.00 $10,000.00 Allowance 5 Earthwork - Unclassified Excavation, Including Placement and Compaction LS 1 $50,000.00 $50,000.00 Allowance 6 Trailhead Parking at N Rancho Vistoso Blvd. (15 Spaces)LS 15 $5,000.00 $75,000.00 Based on CRC costs - per space $5000 7 ADA Trailhead Parking at W Vistoso Highlands Dr. ( 4 Spaces)LS 8 $5,000.00 $40,000.00 Based on CRC costs - per space $5000 8 Trailhead at W Vistoso Highlands Dr. LS 1 $30,000.00 $30,000.00 9 Cart Path Shoulder Improvements (4'-0" wide both sides)SF 215,520 $3.00 $646,560.00 10 Cart Path Drainage Improvements LS 1 $25,000.00 $25,000.00 Based on Phase 1 cost, increased by 50% 11 Site Furnishings (Benches, Bollards, Trash Receptacles)LS 1 $90,000.00 $90,000.00 Allowance 12 Reclamation (native seeding 2' edges of gravel paths on each side)SF 108,000 $0.22 $23,760.00 13 SWPP Plan Preparation, Installation, and Maintenance LS 1 $25,000.00 $25,000.00 Based on $1000/AC 14 Material Testing & Inspections LS 1 $15,000.00 $15,000.00 Allowance Subtotal $1,090,320.00 Phase II Soft Costs Adjusted Construction Contingency @ 25%$272,580.00 Design Fee @ 12%$163,548.00 Permits, Fees, Liability, Bonds, etc. (15%)$204,435.00 TOTAL $1,745,883.00 Notes for Infrastructure - Parking at West Vistoso Highlands Dr is assumed to be the responsibility of the developer of the apartment project - Parking at the Desert Garden at the Old Pond Area is included in that section of the cost estimate. ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Desert Garden at Old Pond Area Phase 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 Allowance 2 Construction Staking LS 1 $10,090.00 $10,090.00 Based on $1,700/AC 3 Selective Clearing, Pruning & Plant Relocation LS 1 $5,000.00 $5,000.00 Allowance 4 Demolition of Bulkhead and Other Related Equipment LF 1,500 $15.00 $22,500.00 based on linear footage of bulkhead 6 Bermuda Removal and Off Site Disposal SF 148,670 $0.88 $130,829.60 fairways and greens 7 SWPP Plan Preparation, Installation, and Maintenance LS 1 $5,950.00 $5,950.00 Based on $1,000/AC 8 Reclamation (native seeding)SF 238,860 $0.22 $52,549.20 Based on $1,000/AC 9 Desert Garden Parking Lot (13 spaces and entry road) LS 13 $5,000.00 $65,000.00 Based on CRC costs per space 10 Earthwork - Unclassified Excavation, Including Placement and Compaction CY 11,750 $40.00 $470,000.00 6' depth by 105,415 SF 11 Flatwork - Plaza's and Other Concrete SF 12,790 $9.00 $115,110.00 based on $9.00 / SF 12 ADA Trail SF 3,680 $4.00 $14,720.00 area x $3.00/SF 13 Landscape Plantings and Irrigation SF 90,610 $3.00 $271,830.00 14 Material Testing & Inspections LS 1 $10,000.00 $10,000.00 Allowance 15 Ramadas and Shade Structures EA 3 $40,000.00 $120,000.00 Subtotal $1,308,578.80 Phase lll Soft Costs Adjusted Construction Contingency @ 25%$327,144.70 Design Fee @ 12%$196,286.82 Permits, Fees, Liability, Bonds, etc. (15%)$245,358.53 TOTAL $2,077,368.85 ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Driving Range Revegetation Phase 1 Mobilization/Demobilization LS 1 $30,000.00 $30,000.00 Allowance 2 Construction Staking LS 1 $10,000.00 $10,000.00 Lump Sum - simple project and paired down cost 3 SWPP Plan Preparation, Installation, and Maintenance LS 1 $10,000.00 $10,000.00 Based on $1,000/AC 4 Bermuda Removal and Off Site Disposal SF 435,600 $0.88 $383,328.00 5 Material Testing & Inspections LS 1 $5,000.00 $5,000.00 Allowance 6 ADA Trail (5'-0" Wide Compacted Fines)SF 12,650 $5.38 $68,057.00 Based on area 7 Reclamation (native seeding)SF 435,600 $0.22 $95,832.00 Based on $0.22/SF Subtotal $602,217.00 Phase IV Soft Costs Adjusted Construction Contingency @ 25%$150,554.25 Simple project therefore less contigency Design Fee @ 2%$15,055.43 Simple project and therefore lesser fees Permits, Fees, Liability, Bonds, etc. (15%)$112,915.69 TOTAL $880,742.36 Notes for Driving Range - It is assumed for the Driving Range and other Hole Areas (tees, fairways, greens and traps) to be revegetated that the bermuda grass will be left in place and plowed under and not removed due to cost. ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Hole Revegetation and Reclamation of Tees, Fairways, Greens and Sand Traps Phase 1 Tees, Fairway, Greens, Sand Traps (all holes except LS 1 $1,999,364.00 $1,999,364.00 2 Construction Staking LS 1 $30,000.00 $30,000.00 Based on $1,700/AC 2 Clear & Grub Old Sod, Disposal Fees AC 34.75 $4,356.00 $151,371.00 Based on $0.10/SF Estimate 3 SWPP Plan Preparation, Installation, and Maintenance AC 69.50 $1,000.00 $69,500.00 Based on $1,000/AC Subtotal $2,250,235.00 Phase V Soft Costs Adjusted Construction Contingency @ 10%$225,023.50 Design Fee @ 2%$49,505.17 Permits, Fees, Liability, Bonds, etc. (15%)$371,288.78 TOTAL $2,896,052.45 Notes for Tees, Fairways, Greens and Sand Traps - It is assumed for the Hole Areas (tees, fairways, greens and traps) to be revegetated that the bermuda grass will be left in place and plowed under and not removed due to cost. - See Per Hole Cost for Individual Hole Breakdowns Allowance - (Rip, Seed, Straw & Compact) Based on Hydroseed @ $0.62/SF 42 »Master Plan VISTOSO TRAILS PRESERVE MASTER PLANOpinion of Probable Construction Costs - Sites Southwest 4/11/2024Assumptions General - Cost Estimates are typically based on construction plans with accurate take offs and fully detailed plans. The contingency amount in this Opinion of Probable Construction Costs is developed from a master plan and therfore higher than those done for construction estimates.- It should be noted that the cost estimate includes areas in some cases and lump sum amounts in others. This is due to the level of detail available for a specific item, as design ensues the details will become more apparent and the cost estimate more accurate. - No grading was done to determine the cubic yardage of earth moved in this cost estimate. Earthwork estimates were based on area or "best guess" scenarios based on like projects. - Cart path removals and rebuilds for Phase I include the entire project area of Vistoso Trails - Cart path removals and rebuilds for Phase I were estimated based on the data supplied by the ADA study commissioned by the town of Oro Valley. 21 locations were determined to need rebuilding based on slopes.- Native seed reclamation and grading for tees, fairways, greens and sand traps is based on a square footage take off of the land area, no grading was done. - Infrastructure Phase includes other cart path repairs, building parking areas and trailheads, installing wayfinding and directional signage and minor reclamation.- Estimates for the Pond and Driving Range Areas are based on the more detailed blow up plans for those two areas ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total NotesSafety Improvements Phase 1 Mobilization/Demobilization LS 1 $10,000.00 $10,000.00 Allowance2 Construction Staking LS 1 $7,600.00 $7,600.00 Based on $1,700/AC3Selective Clearing, Pruning & Plant Relocation AC 2.9 $7,500.00 $21,750.00 Based on area4Cart Path Removals: broken, heaved, and heavily cracked LS 21 $420.00 $8,820.00 Adjusted at .75 of Build Cost5Cart Path Rebuilds: rebuild cart path in removal areas LS 21 $1,650.00 $34,650.00 Assuming 8'x16' ea @ $12/sf x 21 fixes = $1,536 ea6Safety Signage: share the path, cautionary, and yield signage LS 1 $2,700.00 $2,700.00 Based on $75.00 per sign 7 Earthwork - Unclassified Excavation, Including Placement and Compaction LS 1 $15,000.00 $15,000.00 Based on area not cubic yardageSubtotal $100,520.00Phase I Soft Costs AdjustedConstruction Contingency @ 25%$25,130.00Design Fee @ 12%$15,078.00Permits, Fees, Liability, Bonds, etc. (15%)$18,847.50 TOTAL $159,575.50Notes for Safety Improvements - Pond bulkhead removal and reseeding is included in pond area improvements estimate- It is assumed that the SWPP is not necessary due to small amounts of land distrurbed - Some cart path repairs have already been undrtaken by the Town of Oro Valley and have not been included in this estimate ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total NotesInfrastructure Phase (addtnl path improvements, parking, wayfinding, furnishing) 1 Mobilization/Demobilization LS 1 $20,000.00 $20,000.00 Allowance2 Construction Staking LS 1 $30,000.00 $30,000.00 Based on $1,700/AC3Selective Clearing, Pruning & Plant Relocation LS 1 $10,000.00 $10,000.00 Allowance 4 Demolition LS 1 $10,000.00 $10,000.00 Allowance5Earthwork - Unclassified Excavation, Including Placement and Compaction LS 1 $50,000.00 $50,000.00 Allowance 6 Trailhead Parking at N Rancho Vistoso Blvd. (15 Spaces)LS 15 $5,000.00 $75,000.00 Based on CRC costs - per space $50007ADA Trailhead Parking at W Vistoso Highlands Dr. ( 4 Spaces)LS 8 $5,000.00 $40,000.00 Based on CRC costs - per space $50008Trailhead at W Vistoso Highlands Dr. LS 1 $30,000.00 $30,000.009Cart Path Shoulder Improvements (4'-0" wide both sides)SF 215,520 $3.00 $646,560.0010Cart Path Drainage Improvements LS 1 $25,000.00 $25,000.00 Based on Phase 1 cost, increased by 50%11 Site Furnishings (Benches, Bollards, Trash Receptacles)LS 1 $90,000.00 $90,000.00 Allowance12Reclamation (native seeding 2' edges of gravel paths on each side)SF 108,000 $0.22 $23,760.0013SWPP Plan Preparation, Installation, and Maintenance LS 1 $25,000.00 $25,000.00 Based on $1000/AC14Material Testing & Inspections LS 1 $15,000.00 $15,000.00 AllowanceSubtotal $1,090,320.00 Phase II Soft Costs Adjusted Construction Contingency @ 25%$272,580.00 Design Fee @ 12%$163,548.00 Permits, Fees, Liability, Bonds, etc. (15%)$204,435.00 TOTAL $1,745,883.00 Notes for Infrastructure - Parking at West Vistoso Highlands Dr is assumed to be the responsibility of the developer of the apartment project - Parking at the Desert Garden at the Old Pond Area is included in that section of the cost estimate. ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Desert Garden at Old Pond Area Phase 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 Allowance 2 Construction Staking LS 1 $10,090.00 $10,090.00 Based on $1,700/AC 3 Selective Clearing, Pruning & Plant Relocation LS 1 $5,000.00 $5,000.00 Allowance 4 Demolition of Bulkhead and Other Related Equipment LF 1,500 $15.00 $22,500.00 based on linear footage of bulkhead 6 Bermuda Removal and Off Site Disposal SF 148,670 $0.88 $130,829.60 fairways and greens 7 SWPP Plan Preparation, Installation, and Maintenance LS 1 $5,950.00 $5,950.00 Based on $1,000/AC 8 Reclamation (native seeding)SF 238,860 $0.22 $52,549.20 Based on $1,000/AC 9 Desert Garden Parking Lot (13 spaces and entry road) LS 13 $5,000.00 $65,000.00 Based on CRC costs per space 10 Earthwork - Unclassified Excavation, Including Placement and Compaction CY 11,750 $40.00 $470,000.00 6' depth by 105,415 SF 11 Flatwork - Plaza's and Other Concrete SF 12,790 $9.00 $115,110.00 based on $9.00 / SF 12 ADA Trail SF 3,680 $4.00 $14,720.00 area x $3.00/SF 13 Landscape Plantings and Irrigation SF 90,610 $3.00 $271,830.00 14 Material Testing & Inspections LS 1 $10,000.00 $10,000.00 Allowance 15 Ramadas and Shade Structures EA 3 $40,000.00 $120,000.00 Subtotal $1,308,578.80 Phase lll Soft Costs Adjusted Construction Contingency @ 25%$327,144.70 Design Fee @ 12%$196,286.82 Permits, Fees, Liability, Bonds, etc. (15%)$245,358.53 TOTAL $2,077,368.85 ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Driving Range Revegetation Phase 1 Mobilization/Demobilization LS 1 $30,000.00 $30,000.00 Allowance 2 Construction Staking LS 1 $10,000.00 $10,000.00 Lump Sum - simple project and paired down cost 3 SWPP Plan Preparation, Installation, and Maintenance LS 1 $10,000.00 $10,000.00 Based on $1,000/AC 4 Bermuda Removal and Off Site Disposal SF 435,600 $0.88 $383,328.00 5 Material Testing & Inspections LS 1 $5,000.00 $5,000.00 Allowance 6 ADA Trail (5'-0" Wide Compacted Fines)SF 12,650 $5.38 $68,057.00 Based on area 7 Reclamation (native seeding)SF 435,600 $0.22 $95,832.00 Based on $0.22/SF Subtotal $602,217.00 Phase IV Soft Costs Adjusted Construction Contingency @ 25%$150,554.25 Simple project therefore less contigency Design Fee @ 2%$15,055.43 Simple project and therefore lesser fees Permits, Fees, Liability, Bonds, etc. (15%)$112,915.69 TOTAL $880,742.36 Notes for Driving Range - It is assumed for the Driving Range and other Hole Areas (tees, fairways, greens and traps) to be revegetated that the bermuda grass will be left in place and plowed under and not removed due to cost. ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Hole Revegetation and Reclamation of Tees, Fairways, Greens and Sand Traps Phase 1 Tees, Fairway, Greens, Sand Traps (all holes except LS 1 $1,999,364.00 $1,999,364.00 2 Construction Staking LS 1 $30,000.00 $30,000.00 Based on $1,700/AC 2 Clear & Grub Old Sod, Disposal Fees AC 34.75 $4,356.00 $151,371.00 Based on $0.10/SF Estimate 3 SWPP Plan Preparation, Installation, and Maintenance AC 69.50 $1,000.00 $69,500.00 Based on $1,000/AC Subtotal $2,250,235.00 Phase V Soft Costs Adjusted Construction Contingency @ 10%$225,023.50 Design Fee @ 2%$49,505.17 Permits, Fees, Liability, Bonds, etc. (15%)$371,288.78 TOTAL $2,896,052.45 Notes for Tees, Fairways, Greens and Sand Traps - It is assumed for the Hole Areas (tees, fairways, greens and traps) to be revegetated that the bermuda grass will be left in place and plowed under and not removed due to cost. - See Per Hole Cost for Individual Hole Breakdowns Allowance - (Rip, Seed, Straw & Compact) Based on Hydroseed @ $0.62/SF 43 »Master Plan ITEM DESCRIPTION UNIT QTY UNIT COST Total Phase V - Revegetation and Reclamation of Fairways, Greens and Tees Hole 1: Tees, Fairway, Greens AC 3.28 $38,800.00 $127,264.00 Hole 2: Tees, Fairway, Greens AC 4.59 $38,800.00 $178,092.00 Hole 3: Tees, Fairway, Greens AC 1.05 $38,800.00 $40,740.00 Hole 4: Tees, Fairway, Greens AC 2.52 $38,800.00 $97,776.00 Hole 5: Tees, Fairway, Greens AC 3.39 $38,800.00 $131,532.00 Hole 6: Tees, Fairway, Greens AC 5.36 $38,800.00 $207,968.00 Hole 7: Tees, Fairway, Greens AC 1.5 $38,800.00 $58,200.00 Hole 9: Tees, Fairway, Greens AC 3.09 $38,800.00 $119,892.00 Hole 10: Tees, Fairway, Greens AC 3.33 $38,800.00 $129,204.00 Hole 11: Tees, Fairway, Greens AC 3.37 $38,800.00 $130,756.00 Hole 12: Tees, Fairway, Greens AC 4.39 $38,800.00 $170,332.00 Hole 13: Tees, Fairway, Greens AC 0.92 $38,800.00 $35,696.00 Hole 14: Tees, Fairway, Greens AC 2.95 $38,800.00 $114,460.00 Hole 15: Tees, Fairway, Greens AC 1.15 $38,800.00 $44,620.00 Hole 16: Tees, Fairway, Greens AC 6 $38,800.00 $224,652.00 Hole 17: Tees, Fairway, Greens AC 0.79 $38,800.00 $30,652.00 Hole 18: Tees, Fairway, Greens AC 4.06 $38,800.00 $157,528.00 Subtotal $1,999,364.00 Note - Hole 8 is excluded from this list because it is included in the Desert Garden Phase 44 »Master Plan FUNDING RECOMMENDATIONS FUNDING RESOURCES Name Description Project Size Time Eligible Trail Activities Recreational Trails Program (RTP) Non- Motorized The Recreational Trails Program (RTP) provides funding to states to develop and maintain recreational trails and trail-related facilities for both non-motorized and motorized recreational trail uses. Funds are administered by their respective states and requirements vary. 30% non-motorized, 30% motorized, and 40% diverse trails. $5,000-100,000 per project, $1.4 mil available annually Annual Maintenance, construction, and restoration on public lands Recreational Trails Program: Trail Maintenance Program (Non- Motorized Projects Only) Trail Maintenance Program is part of the Recreational Trails Program, authorized through the Moving Ahead for progress in the 21st Century Act. Eligible projects include routine maintenance on existing trails which may include tread maintenance, corridor maintenance, drainage improvements, fencing repair, and minor reroutes. $10,000-50,000 per project Annual Maintenance, construction, and rehabilitation Recreational Trails Program: Safety and Environmental Education (SEE) SEE funds are a RTP specifically intended for educational programs to promote safety and environmental protection involved in recreational trail use. Eligible projects can be programing or physical trail elements. $5,000 to $10,000 Annual Production and installation of signage, panels, and programming Land and Water Conservation Fund- State Assistance Program The Land and Water Conservation Fund provides funding to states for the acquisition and development of public outdoor recreation areas and facilities. Eligible projects include outdoor recreation facilities, ADA/accessibility upgrades, acquisition of park lands, and other public sporting facilities. $25,000 to $1,000,000 Annual Maintenance, construction, land acquisition, improvements and upgrades Congestion Mitigation and Air Quality Improvement Program (CMAQ) The CMAQ program provides funding for projects, programs, and operational strategies that reduce vehicle congestion and air pollutants regulated by the Environmental Protection Agency (EPA). Eligible projects could include transit vehicle replacement, facility development, multi-use trails, and bicycle sharing programs. Varies, $500,000 available annually Annual Infrastructure, planning, engineering, and construction Heritage Fund- Non- Motorized Trails Program The Heritage Fund provides funds for trail projects, outdoor education programs, and historic preservation projects. Eligible projects for the Trails Program includes trail construction and maintenance of trails and trail facilities. $5,000 to $100,000 Annual Construction, rehabilitation, and maintenance Heritage Fund- Local, Regional, and State Parks (LRSP) The Heritage Fund provides funds for trail projects, outdoor education programs, and historic preservation projects. Eligible projects include construction, maintenance, and development of ADA Accessibility upgrades. Landscaping and irrigation are ineligible expanses. $10,000 to $500,000 per project Annual Construction, maintenance, and development Most trail funding grants and sources are located within the Arizona State Parks and Trails organization. They provide multiple resources to the public including webinars, guides, and tips to apply for funding. It is recommended that town staff review webinars and shared resources on the website, especially the non- motorized priorities in Arizona State Parks & Trails (see Appendix D). They also source some existing plans that grant applications are scored against. Funding sources are accurate as of April 2023 and are subject to change. It is recommended town staff review these plans and resources: »Arizona Trails 2015 Motorized and Non-Motorized Trail Plan »2018-2022 SCORP (Arizona’s Outdoor Recreation Policy) »Grants workshops for the Arizona State Parks and Trails group »Arizona State Parks & Trails Grants Manual FUNDING SOURCES 45 »Appendix APPENDICES5. The following appendices are referenced in the report and are included in the following pages. A. Plant List B. Prior Options for Trails C. Non-Motorized Priorities for Arizona State Parks and Trails D. Former Pond Recommendations E. Recommendations Benefits Matrix F. VTNP ADA G. Acorn Reports 46 »Appendix APPENDIX A: PLANT LISTAPPENDIX A | Vegetation Inventory Table 1. Canoa Hills Golf Course Donation - Plants Observed 12/21/2017 Scientific Name Common Name Primary Growth Habit Nativity Duration Abutilon sp.mallow Forb/Herb Native Perennial Acacia constricta whitethorn acacia Tree Native Perennial Acacia greggii catclaw acacia Tree Native Perennial Acourtia nana dwarf desertpeony Forb/Herb Native Perennial Allionia incarnata trailing windmills Forb/Herb Native Annual, Perennial Aloysia wrightii Wright's beebrush Shrub Native Perennial Ambrosia confertiflora weakleaf burr ragweed Forb/Herb Native Perennial Aristida adscensionis sixweeks threeawn Graminoid Native Annual Aristida purpurea purple threeawn Graminoid Native Annual, Perennial Aristida ternipes spidergrass Graminoid Native Perennial Atriplex canescens fourwing saltbush Shrub Native Perennial Baccharis sarothroides desertbroom Shrub Native Perennial Bahia absinthifolia hairyseed bahia Forb/Herb Native Perennial Boerhavia scandens climbing wartclub Vine Native Perennial Boerhavia sp.spiderling Forb/Herb Native Annual Bouteloua aristidoides needle grama Graminoid Native Annual Brickellia sp.brickellbush Subshrub Native Perennial Calliandra eriophylla fairyduster Shrub Native Perennial Carnegiea gigantea saguaro Succulent Native Perennial Celtis ehrenbergiana spiny hackberry Shrub Native Perennial Chloris virgata feather fingergrass Graminoid Native Annual Cocculus diversifolius snailseed Vine Native Perennial Cylindropuntia arbuscula Arizona pencil cholla Succulent Native Perennial Cylindropuntia fulgida jumping cholla Succulent Native Perennial Cylindropuntia spinosior walkingstick cactus Succulent Native Perennial Cylindropuntia versicolor staghorn cholla Succulent Native Perennial Dasyochloa pulchella low woollygrass Graminoid Native Perennial Datura wrightii sacred thorn-apple Forb/Herb Native Annual, Perennial Echinocereus engelmannii Engelmann's hedgehog cactus Succulent Native Perennial Encelia farinosa goldenhills Subshrub Native Perennial Ephedra trifurca longleaf jointfir Shrub Native Perennial Ericameria laricifolia turpentine bush Subshrub Native Perennial Ferocactus wislizeni candy barrelcactus Succulent Native Perennial Fouquieria splendens ocotillo Shrub Native Perennial Gutierrezia sp.snakeweed Subshrub Native Perennial Ipomoea sp.morning-glory Forb/Herb Native Annual Isocoma tenuisecta burroweed Subshrub Native Perennial Justicia candicans Arizona water-willow Shrub Native Perennial Muhlenbergia porteri bush muhly Graminoid Native Perennial Opuntia engelmannii cactus apple Succulent Native Perennial Opuntia phaeacantha tulip pricklypear Succulent Native Perennial Opuntia santa-rita Santa Rita pricklypear Succulent Native Perennial Pappophorum vaginatum whiplash pappusgrass Graminoid Native Perennial Parkinsonia florida blue paloverde Tree Native Perennial Phoradendron californicum mesquite mistletoe Subshrub Native Perennial Physalis sp.groundcherry Forb/Herb Native Annual, Perennial Prosopis velutina velvet mesquite Tree Native Perennial Salix gooddingii Goodding's willow Tree Native Perennial Sapindus saponaria wingleaf soapberry Tree Native Perennial Setaria leucopila streambed bristlegrass Graminoid Native Perennial Setaria macrostachya large-spike bristlegrass Graminoid Native Perennial Simmondsia chinensis jojoba Shrub Native Perennial Solanum elaeagnifolium silverleaf nightshade Subshrub Native Perennial Stephanomeria pauciflora brownplume wirelettuce Subshrub Native Perennial Verbesina encelioides golden crownbeard Forb/Herb Native Annual Yucca elata soaptree yucca Tree Native Perennial Zinnia acerosa desert zinnia Subshrub Native Perennial Ziziphus obtusifolia lotebush Shrub Native Perennial Acacia farnesiana sweet acacia Tree Non-Native Perennial Agave americana American century plant Succulent Non-Native Perennial Caesalpinia pulcherrima bird of paradise Shrub Non-Native Perennial Eragrostis echinochloidea African lovegrass Graminoid Non-Native Perennial Eucalyptus sp.Eucalyptus Tree Non-Native Perennial Leucophyllum frutescens Texas ranger Shrub Non-Native Perennial Table 1. Canoa Hills Golf Course Donation - Plants Observed 12/21/2017Scientific Name Common Name Primary Growth Habit Nativity DurationAbutilon sp.mallow Forb/Herb Native PerennialAcacia constricta whitethorn acacia Tree Native PerennialAcacia greggii catclaw acacia Tree Native PerennialAcourtia nana dwarf desertpeony Forb/Herb Native PerennialAllionia incarnata trailing windmills Forb/Herb Native Annual, PerennialAloysia wrightii Wright's beebrush Shrub Native PerennialAmbrosia confertiflora weakleaf burr ragweed Forb/Herb Native PerennialAristida adscensionis sixweeks threeawn Graminoid Native AnnualAristida purpurea purple threeawn Graminoid Native Annual, PerennialAristida ternipes spidergrass Graminoid Native PerennialAtriplex canescens fourwing saltbush Shrub Native PerennialBaccharis sarothroides desertbroom Shrub Native PerennialBahia absinthifolia hairyseed bahia Forb/Herb Native PerennialBoerhavia scandens climbing wartclub Vine Native PerennialBoerhavia sp.spiderling Forb/Herb Native AnnualBouteloua aristidoides needle grama Graminoid Native AnnualBrickellia sp.brickellbush Subshrub Native PerennialCalliandra eriophylla fairyduster Shrub Native PerennialCarnegiea gigantea saguaro Succulent Native PerennialCeltis ehrenbergiana spiny hackberry Shrub Native PerennialChloris virgata feather fingergrass Graminoid Native AnnualCocculus diversifolius snailseed Vine Native PerennialCylindropuntia arbuscula Arizona pencil cholla Succulent Native PerennialCylindropuntia fulgida jumping cholla Succulent Native PerennialCylindropuntia spinosior walkingstick cactus Succulent Native Perennial Cylindropuntia versicolor staghorn cholla Succulent Native Perennial Dasyochloa pulchella low woollygrass Graminoid Native Perennial Datura wrightii sacred thorn-apple Forb/Herb Native Annual, Perennial Echinocereus engelmannii Engelmann's hedgehog cactus Succulent Native Perennial Encelia farinosa goldenhills Subshrub Native Perennial Ephedra trifurca longleaf jointfir Shrub Native Perennial Ericameria laricifolia turpentine bush Subshrub Native Perennial Ferocactus wislizeni candy barrelcactus Succulent Native Perennial Fouquieria splendens ocotillo Shrub Native Perennial Gutierrezia sp.snakeweed Subshrub Native Perennial Ipomoea sp.morning-glory Forb/Herb Native Annual Isocoma tenuisecta burroweed Subshrub Native Perennial Justicia candicans Arizona water-willow Shrub Native Perennial Muhlenbergia porteri bush muhly Graminoid Native Perennial Opuntia engelmannii cactus apple Succulent Native Perennial Opuntia phaeacantha tulip pricklypear Succulent Native Perennial Opuntia santa-rita Santa Rita pricklypear Succulent Native Perennial Pappophorum vaginatum whiplash pappusgrass Graminoid Native Perennial Parkinsonia florida blue paloverde Tree Native Perennial Phoradendron californicum mesquite mistletoe Subshrub Native Perennial Physalis sp.groundcherry Forb/Herb Native Annual, Perennial Prosopis velutina velvet mesquite Tree Native Perennial Salix gooddingii Goodding's willow Tree Native Perennial Sapindus saponaria wingleaf soapberry Tree Native Perennial Setaria leucopila streambed bristlegrass Graminoid Native Perennial Setaria macrostachya large-spike bristlegrass Graminoid Native Perennial Simmondsia chinensis jojoba Shrub Native Perennial Solanum elaeagnifolium silverleaf nightshade Subshrub Native Perennial Stephanomeria pauciflora brownplume wirelettuce Subshrub Native Perennial Verbesina encelioides golden crownbeard Forb/Herb Native Annual Yucca elata soaptree yucca Tree Native Perennial Zinnia acerosa desert zinnia Subshrub Native Perennial Ziziphus obtusifolia lotebush Shrub Native Perennial Acacia farnesiana sweet acacia Tree Non-Native Perennial Agave americana American century plant Succulent Non-Native Perennial Caesalpinia pulcherrima bird of paradise Shrub Non-Native Perennial Eragrostis echinochloidea African lovegrass Graminoid Non-Native Perennial Eucalyptus sp.Eucalyptus Tree Non-Native Perennial Leucophyllum frutescens Texas ranger Shrub Non-Native Perennial Scientific Name Common Name Primary Growth Habit Nativity Duration Nerium oleander oleander Tree Non-Native Perennial Opuntia engelmannii var. linguiformis cactus apple Succulent Non-Native Perennial Panicum antidotale blue panicum Graminoid Non-Native Perennial Parkinsonia aculeata Jerusalem thorn Tree Non-Native Perennial Pennisetum ciliare buffelgrass Graminoid Non-Native Perennial Pennisetum setaceum crimson fountaingrass Graminoid Non-Native Perennial Prosopis sp. non-native mesquite Tree Non-Native Perennial Rhus lancea African sumac Tree Non-Native Perennial Salsola tragus prickly Russian thistle Forb/Herb Non-Native Annual Schinus molle Peruvian peppertree Tree Non-Native Perennial Tamarix sp.tamarisk Tree Non-Native Perennial Scientific Name Common Name Primary Growth Habit Nativity Duration Nerium oleander oleander Tree Non-Native Perennial Opuntia engelmannii var. linguiformis cactus apple Succulent Non-Native Perennial Panicum antidotale blue panicum Graminoid Non-Native Perennial Parkinsonia aculeata Jerusalem thorn Tree Non-Native Perennial Pennisetum ciliare buffelgrass Graminoid Non-Native Perennial Pennisetum setaceum crimson fountaingrass Graminoid Non-Native Perennial Prosopis sp. non-native mesquite Tree Non-Native Perennial Rhus lancea African sumac Tree Non-Native Perennial Salsola tragus prickly Russian thistle Forb/Herb Non-Native Annual Schinus molle Peruvian peppertree Tree Non-Native Perennial Tamarix sp.tamarisk Tree Non-Native Perennial The following is a list of plant species recorded on site in December 2017 and includes nativity of observed species. This information is from the 2017 Canoa Hills Trails Vegetation Inventory report. 54 - Appendices Vegetation Inventory 47 »Appendix APPENDIX B | Container Species for Restoration The following is a list of recommended container species appropriate for habitat restoration Table 2. Canoa Hills ‐ Container Plant List Scientific Name Common Name Trees:Acacia constricta Whitethorn acacia Acacia greggii Catclaw acacia Cercidium floridum Blue Paloverde Chilopsis linearis Desert Willow Parkinsonia florida Blue Paloverde Prosopis velutina Velvet Mesquite Shrubs:Aloysia wrightii Wright's beebrush Anisacanthus thurberi Desert honeysuckle Calliandra eriophylla Fairyduster Celtis pallida Desert hackberry Condalia warnockii Kearney's snakewood Cylindropuntia arbuscula Arizona pencil cholla Cylindropuntia fulgida Chain‐fruit cholla Cylindropuntia leptocaulis Christmas cactus Cylindropuntia spinosior Cane cholla Ferocactus wislizenii Candy barrel cactus Fouquieria splendens Ocotillo Gossypium thurberi Thurber's cotton Lycium andersonii Anderson Wolfberry Lycium exsertum Thornbush Lycium fremontii Fremont Wolfberry Opuntia engelmannii Prickley pear Rhus aromatica var. trilobata Three‐leafed sumac Yucca elata Soaptree yucca Zizyphus obtusifolia Graythorn Subshrubs:Bebbia juncea sweetbush Brickellia californica California brickellbush Encelia farinosa Brittlebush Isocoma tenuisecta Burroweed Psilostrophe cooperi Whitestem paperflower Senna covesii Desert senna Trixis californica American threefold Zinnia acerosa Desert Zinnia Acacia angustissima Prairie acacia Ambrosia deltoidea Triangleleaf bursage Forbs:Abutilon sp.Mallow Asclepias linaria Pine‐leaf milkweed Asclepias subulata Desert milkweed Bahia absinthifolia Dealbata's bahia Commicarpus scandens Climbing wartclub Table 2. Canoa Hills ‐ Container Plant List Scientific Name Common Name Trees:Acacia constricta Whitethorn acacia Acacia greggii Catclaw acacia Cercidium floridum Blue Paloverde Chilopsis linearis Desert Willow Parkinsonia florida Blue Paloverde Prosopis velutina Velvet Mesquite Shrubs:Aloysia wrightii Wright's beebrush Anisacanthus thurberi Desert honeysuckle Atriplex canescens Fourwing saltbush Calliandra eriophylla Fairyduster Celtis pallida Desert hackberry Condalia warnockii Kearney's snakewood Cylindropuntia arbuscula Arizona pencil cholla Cylindropuntia fulgida Chain‐fruit cholla Cylindropuntia leptocaulis Christmas cactus Cylindropuntia spinosior Cane cholla Ferocactus wislizenii Candy barrel cactus Fouquieria splendens Ocotillo Gossypium thurberi Thurber's cotton Lycium andersonii Anderson Wolfberry Lycium exsertum Thornbush Lycium fremontii Fremont Wolfberry Opuntia engelmannii Prickley pear Rhus aromatica var. trilobata Three‐leafed sumac Yucca elata Soaptree yucca Zizyphus obtusifolia Graythorn Subshrubs:Bebbia juncea sweetbush Brickellia californica California brickellbush Encelia farinosa Brittlebush Isocoma tenuisecta Burroweed Psilostrophe cooperi Whitestem paperflower Senna covesii Desert senna Trixis californica American threefold Zinnia acerosa Desert Zinnia Acacia angustissima Prairie acacia Ambrosia deltoidea Triangleleaf bursage Forbs:Abutilon sp.Mallow Asclepias linaria Pine‐leaf milkweed Asclepias subulata Desert milkweed Bahia absinthifolia Dealbata's bahia Commicarpus scandens Climbing wartclub Table 2. Canoa Hills ‐ Container Plant ListScientific Name Common NameTrees:Acacia constricta Whitethorn acaciaAcacia greggii Catclaw acaciaCercidium floridum Blue PaloverdeChilopsis linearis Desert WillowParkinsonia florida Blue PaloverdeProsopis velutina Velvet MesquiteShrubs:Aloysia wrightii Wright's beebrushAnisacanthus thurberi Desert honeysuckleAtriplex canescens Fourwing saltbushCalliandra eriophylla FairydusterCeltis pallida Desert hackberryCondalia warnockii Kearney's snakewoodCylindropuntia arbuscula Arizona pencil chollaCylindropuntia fulgida Chain‐fruit chollaCylindropuntia leptocaulis Christmas cactusCylindropuntia spinosior Cane chollaFerocactus wislizenii Candy barrel cactusFouquieria splendens OcotilloGossypium thurberi Thurber's cottonLycium andersonii Anderson WolfberryLycium exsertum ThornbushLycium fremontii Fremont WolfberryOpuntia engelmannii Prickley pearRhus aromatica var. trilobata Three‐leafed sumacYucca elata Soaptree yucca Zizyphus obtusifolia Graythorn Subshrubs:Bebbia juncea sweetbush Brickellia californica California brickellbush Encelia farinosa Brittlebush Isocoma tenuisecta Burroweed Psilostrophe cooperi Whitestem paperflower Senna covesii Desert senna Trixis californica American threefold Zinnia acerosa Desert Zinnia Acacia angustissima Prairie acacia Ambrosia deltoidea Triangleleaf bursage Forbs:Abutilon sp.Mallow Asclepias linaria Pine‐leaf milkweed Asclepias subulata Desert milkweed Bahia absinthifolia Dealbata's bahia Commicarpus scandens Climbing wartclubScientific Name Common Name Datura wrightii Sacred datura Dicliptera resupinata Arizona foldwing Proboscidea althaeifolia Devil's claw Ruellia nudiflora Violet wild petunia Senna hirsuta Slimpod senna Sphaeralcea ambigua Desert globemallow Sphaeralcea laxa Caliche globemallow Grasses:Aristida purpurea Purple three‐awn Aristida ternipes Spidergrass Bothriochloa barbinoides Cane beardgrass Bouteloua curtipendula Sideoats grama Digitaria californica Arizona cottontop Heteropogon contortus Tanglehead Leptochloa dubia Green Sprangletop Muhlenbergia porteri Bush muhly Pappophorum vaginatum Spike Pappusgrass Setaria leucopila Streambed bristlegrass Setaria macrostachya Plains bristlegrass Sporobolus contractus Spike dropseed Sporobolus cryptandrus Sand dropseed Sporobolus wrightii Big Alkali Sacaton Trichloris crinita False Rhodesgrass Vines:Aristolochia watsonii Watson's dutchman's pipevine Clematis drummondii Virgin's bower Cottsia gracilis Slender janusia Cucurbita digitata Fingerleaf gourd Funastrum cynanchoides Climbing milkweed Marah gilensis Gila manroot Maurandya antirrhiniflora Roving sailor Passiflora mexicana Mexican passionflower Appendices - 55 Container Species for Restoration 48 »Appendix A P P ENDIX C | Seed Mix Plant List The following is a list of recommended species for inclusion in hydroseed restoration mixes. report.Table 3. Canoa Hills ‐ Seed Mix Plant List Scientific Name Common Name Duration Shrubs: Subshrubs:Atriplex elegans Wheelscale saltbush Summer Annual Atriplex polycarpa Allscale saltbush Summer Annual Atriplex wrightii Wright's saltbush Summer Annual Calliandra eriophylla Fairyduster Perennial Gutierrezia microcephala Threadleaf snakeweed Perennial Isocoma tenuisecta Burroweed Perennial Psilostrophe cooperi Whitestem paperflower Perennial Senna covesii Desert senna Perennial Trixis californica American threefold Perennial Forbs:Allionia incarnata Trailing four‐o'clock Annual/Perennial Astragalus arizonicus Arizona milkvetch Perennial Ayenia filiformis Trans‐Pecos ayenia Perennial Bahia absinthifolia Dealbata's bahia Perennial Baileya multiradiata Desert marigold Annual Chamaesyce florida Chiricahua Mountain sandmat Winter Annual Chamaesyce hyssopifolia Hyssopleaf sandmat Annual/Perennial Croton pottsii Leatherweed Perennial Datura wrightii Sacred datura Annual/Perennial Dicliptera resupinata Arizona foldwing Perennial Eriastrum diffusum Miniature woolystar Winter Annual Erigeron divergens Spreading fleabane Biennial Eschscholzia californica ssp. mexicana Mexican gold poppy Winter Annual Euphorbia heterophylla Mexican fireplant Annual/Perennial Evolvulus arizonicus Wild dwarf morning glory Perennial Glandularia gooddingii Goodding's verbena Perennial Heliomeris longifolia var. annua Longleaf false goldeneye Summer Annual Ipomopsis longiflora flaxflowered ipomopsis Winter Annual Kallstroemia grandiflora Arizona poppy Summer Annual Lotus humistratus Foothill deervetch Winter Annual Machaeranthera tanacetifolia Tansyleaf tansyaster Summer Annual Mentzelia multiflora Desert blazing star Perennial Oenothera primiveris Desert evening primrose Winter Annual Pectis papposa Manybristle cinchweed Summer Annual Penstemon parryi Desert penstemon Perennial Phacelia arizonica Arizona phacelia Winter Annual Phacelia bombycina Mangas Spring phacelia Winter Annual Phacelia crenulata cleftleaf wildheliotrope Winter Annual Phacelia distans Distant phacelia Winter Annual Physalis pubescens Husk tomato Summer Annual Physaria gordonii Gordon's bladderpod Winter Annual Plantago ovata Desert Indianwheat Winter Annual Plantago patagonica Woolly plantain Winter Annual Table 3. Canoa Hills ‐ Seed Mix Plant List Scientific Name Common Name Duration Shrubs:Atriplex canescens Fourwing saltbush Perennial Larrea tridentata Creosote bush Perennial Subshrubs:Atriplex elegans Wheelscale saltbush Summer Annual Atriplex polycarpa Allscale saltbush Summer Annual Atriplex wrightii Wright's saltbush Summer Annual Calliandra eriophylla Fairyduster Perennial Gutierrezia microcephala Threadleaf snakeweed Perennial Isocoma tenuisecta Burroweed Perennial Psilostrophe cooperi Whitestem paperflower Perennial Senna covesii Desert senna Perennial Trixis californica American threefold Perennial Forbs:Allionia incarnata Trailing four‐o'clock Annual/Perennial Astragalus arizonicus Arizona milkvetch Perennial Ayenia filiformis Trans‐Pecos ayenia Perennial Bahia absinthifolia Dealbata's bahia Perennial Baileya multiradiata Desert marigold Annual Chamaesyce florida Chiricahua Mountain sandmat Winter Annual Chamaesyce hyssopifolia Hyssopleaf sandmat Annual/Perennial Croton pottsii Leatherweed Perennial Datura wrightii Sacred datura Annual/Perennial Dicliptera resupinata Arizona foldwing Perennial Eriastrum diffusum Miniature woolystar Winter Annual Erigeron divergens Spreading fleabane Biennial Eschscholzia californica ssp. mexicana Mexican gold poppy Winter Annual Euphorbia heterophylla Mexican fireplant Annual/Perennial Evolvulus arizonicus Wild dwarf morning glory Perennial Glandularia gooddingii Goodding's verbena Perennial Heliomeris longifolia var. annua Longleaf false goldeneye Summer Annual Ipomopsis longiflora flaxflowered ipomopsis Winter Annual Kallstroemia grandiflora Arizona poppy Summer Annual Lotus humistratus Foothill deervetch Winter Annual Machaeranthera tanacetifolia Tansyleaf tansyaster Summer Annual Mentzelia multiflora Desert blazing star Perennial Oenothera primiveris Desert evening primrose Winter Annual Pectis papposa Manybristle cinchweed Summer Annual Penstemon parryi Desert penstemon Perennial Phacelia arizonica Arizona phacelia Winter Annual Phacelia bombycina Mangas Spring phacelia Winter Annual Phacelia crenulata cleftleaf wildheliotrope Winter Annual Phacelia distans Distant phacelia Winter Annual Physalis pubescens Husk tomato Summer Annual Physaria gordonii Gordon's bladderpod Winter Annual Plantago ovata Desert Indianwheat Winter Annual Plantago patagonica Woolly plantain Winter Annual Table 3. Canoa Hills ‐ Seed Mix Plant ListScientific Name Common Name DurationShrubs:Atriplex canescens Fourwing saltbush PerennialLarrea tridentata Creosote bush PerennialSubshrubs:Atriplex elegans Wheelscale saltbush Summer AnnualAtriplex polycarpa Allscale saltbush Summer AnnualAtriplex wrightii Wright's saltbush Summer AnnualCalliandra eriophylla Fairyduster PerennialGutierrezia microcephala Threadleaf snakeweed PerennialIsocoma tenuisecta Burroweed PerennialPsilostrophe cooperi Whitestem paperflower PerennialSenna covesii Desert senna PerennialTrixis californica American threefold PerennialForbs:Allionia incarnata Trailing four‐o'clock Annual/PerennialAstragalus arizonicus Arizona milkvetch PerennialAyenia filiformis Trans‐Pecos ayenia PerennialBahia absinthifolia Dealbata's bahia PerennialBaileya multiradiata Desert marigold AnnualChamaesyce florida Chiricahua Mountain sandmat Winter AnnualChamaesyce hyssopifolia Hyssopleaf sandmat Annual/PerennialCroton pottsii Leatherweed PerennialDatura wrightii Sacred datura Annual/PerennialDicliptera resupinata Arizona foldwing PerennialEriastrum diffusum Miniature woolystar Winter Annual Erigeron divergens Spreading fleabane Biennial Eschscholzia californica ssp. mexicana Mexican gold poppy Winter Annual Euphorbia heterophylla Mexican fireplant Annual/Perennial Evolvulus arizonicus Wild dwarf morning glory Perennial Glandularia gooddingii Goodding's verbena Perennial Heliomeris longifolia var. annua Longleaf false goldeneye Summer Annual Ipomopsis longiflora flaxflowered ipomopsis Winter Annual Kallstroemia grandiflora Arizona poppy Summer Annual Lotus humistratus Foothill deervetch Winter Annual Machaeranthera tanacetifolia Tansyleaf tansyaster Summer Annual Mentzelia multiflora Desert blazing star Perennial Oenothera primiveris Desert evening primrose Winter Annual Pectis papposa Manybristle cinchweed Summer Annual Penstemon parryi Desert penstemon Perennial Phacelia arizonica Arizona phacelia Winter Annual Phacelia bombycina Mangas Spring phacelia Winter Annual Phacelia crenulata cleftleaf wildheliotrope Winter Annual Phacelia distans Distant phacelia Winter Annual Physalis pubescens Husk tomato Summer Annual Physaria gordonii Gordon's bladderpod Winter Annual Plantago ovata Desert Indianwheat Winter Annual Plantago patagonica Woolly plantain Winter Annual Scientific Name Common Name Duration Proboscidea althaeifolia Devil's claw Perennial Proboscidea parviflora Doubleclaw Summer Annual Rafinesquia neomexicana New Mexico plumeseed Winter Annual Salvia columbariae Desert chia Winter Annual Sphaeralcea angustifolia Copper globemallow Perennial Sphaeralcea emoryi Emory's globemallow Perennial Grasses:Aristida purpurea Purple threeawn Perennial Aristida ternipes Spidergrass Perennial Bouteloua barbata Sixweeks grama Annual Bouteloua curtipendula Sideoats grama Perennial Bouteloua rothrockii Rothrock's grama Perennial Chloris virgata Feather fingergrass Annual Dasyochloa pulchella Fluffgrass Perennial Eriochloa acuminata var. minor tapertip cupgrass Annual Heteropogon contortus Tanglehead Perennial Hilaria mutica tobosagrass Perennial Muhlenbergia microsperma Littleseed muhly Annual Muhlenbergia porteri Bush muhly Perennial Panicum capillare Witchgrass Annual Panicum obtusum Vine mesquite Perennial Setaria leucopila Streambed bristlegrass Perennial Setaria macrostachya Plains bristlegrass Perennial Urochloa arizonica Arizona signalgrass Annual Vulpia octoflora Sixweeks fescue Annual Vines:Clematis drummondii Virgin's bower Perennial Cottsia gracilis Slender janusia Perennial Cucurbita digitata Fingerleaf gourd Perennial Echinopepon wrightii Wild balsam apple Summer Annual 56 - Appendices Seed Mix Plant List 49 »Appendix APPENDIX B: PRIOR OPTIONS FOR TRAILS Alternative A Alternative A emphasizes use of the existing cart path with proposed cart path loop extensions constructed to provide looping opportunities throughout the network. Loop extensions are proposed near roadway crossings and in the center of segments. Loop extensions were conceptualized as an 8-foot wide stabilized crusher fine with similar color to the naturally occurring soils. Loops were located in nine different areas on an average of 380 feet in length, accumulating to 1 mile of loop extensions. In addition to the trails, it was recommended that a 4-foot wide crusher fine shoulder be constructed on both sides of the existing cart path. This shoulder provides safe passing opportunities and a buffer between the trail and vegetation to make the cart path safer for multi-user groups. Without the shoulder, it is not recommended that the trail be used for multiple user groups. As with all alternatives, this one includes ADA trail loops located near the former hole 8 and near the former driving range. These loops are proposed as shorter and provide a flat, stable surface for disabled users. Each trail is planned at differing lengths. The Hole 8 trail is shown a little under 1 mile and the driving range loop is approximately half a mile in length. Each area as proposed would have frequent rest areas with benches to provide rest opportunities for trail users. In addition to establishing a new ADA trail, in this alternative it is recommended that a section of existing cart path be closed and removed rather than included in the ADA loop since the current condition of the segment is not conducive to an ADA Based upon trail systems analysis and community outreach, three alternatives or options were developed throughout the master plan process. The alternatives were posed to the public, and to both the Parks and Recreation Advisory Board (PRAB) and the Town Council. Below we have provided each alternative with a brief description followed by the final and preferred Master Plan. trail. Additional analysis would be needed to determine if other existing cart path alignments need to be repaired or rerouted to ensure ADA trail standards are maintained. Overall, this alternative includes 1.4 miles of ADA accessible trails in the network. Of the alternative plans, Alternative A requires the least amount of new construction. Cart path maintenance, repair, and loop extension construction will be the largest construction needs for this trail. This trail also allows for multiple users on all paths. However, to ensure safety of users, it is recommended that a four- foot crusher fines shoulder be constructed on both side of the cart path to limit conflict between user groups. This will ensure large groups, bicyclists, and people with disabilities have adequate space to navigate the trail safely.TRAIL FT MI ADA Trail 7,540 1.4 Existing Cart Path 32,736 6.2 Proposed Cart Path Loop Extensions 5,315 1 Proposed Cart Path Removal 1,045 0.2 50 »Appendix EXISTING 8’-0” WIDE CONCRETE CART PATH WITH 4’-0” COMPACTED FINES SHOULDER PEDESTRIAN + BIKES EXISTING HABITAT AND / OR RESTORATION ZONE EXISTING HABITAT AND / OR RESTORATION ZONE EXISTING 8’-0” WIDE CONCRETE CART PATH PEDESTRIAN ONLY EXISTING HABITAT AND / OR RESTORATION ZONE EXISTING HABITAT AND / OR RESTORATION ZONE Loop extensions were conceptualized as an 8-foot wide stabilized crusher fine with similar color to the naturally occurring soils. As with all alternatives, this one includes ADA trail loops located near the former hole 8 and near the former driving range. 51 »Appendix Alternative B Alternative B shares similarities with Alternative A in that the use of the cart path, cart path loop extensions, ADA loops, and cart path closures are the same. However, Alternative B will include all recommendations for the cart path and cart path loop extension from Alternative A including the 4-foot wide crusher fine shoulders. In addition to these pathways, this alternative would also include a wide walking path. This path would be separate from the cart path and loop extensions, providing access to other parts of the preserve. A 5-foot wide walking path would connect to the cart path but the trail would be pedestrian only PROPOSED 5’-0” WIDE NATURAL SURFACE COMPACTED WALKING TRAIL EXISTING HABITAT AND / OR RESTORATION ZONE EXISTING HABITAT AND / OR RESTORATION ZONE In this alternative, the 5-foot wide walking path would connect to the cart path but in this option the trail would be pedestrian only. Overall, the wide walking path would include a little over 3.5 miles of paths for a little under 12 miles of trail in total. Alternative B also provides separated use between pedestrians and bicyclists through creating pedestrian- only trails. The cart path is too narrow for pedestrians and bicyclists to safely share the pathway as is. Therefore, the separated path will create a safer network. In addition, the wide pathway ensures large groups walking opposite directions are able to comfortably share the trail. TRAIL FT MI ADA Trail 7,540 1.4 Existing Cart Path 32,736 6.2 Proposed Cart Path Loop Extensions 5,315 1 Proposed Cart Path Removal 1,040 0.2 Wide Walking Path 19,270 3.6 52 »Appendix With the narrower path, limited shoulders, and pedestrian-only access, trail users will have a more serene experience PROPOSED 2’-0” WIDE NATURAL SURFACE HIKING TRAIL EXISTING HABITAT AND / OR RESTORATION ZONE EXISTING HABITAT AND / OR RESTORATION ZONE pedestrian-only access, trail users will have a more serene experience through the nature preserve. This alternative would be ideal for wildlife viewing and photography as hikers are able to get closer to habitat. Narrower trails will also be easier for volunteers and youth crews to construct compared to wider, concrete and crusher fine paths and so would offer cost savings to Oro Valley. TRAIL FT MI ADA Trail 7,540 1.4 Existing Cart Path 32,736 6.2 Proposed Cart Path Loop Extensions 5,315 1 Proposed Cart Path Removal 1,040 0.2 Nature Trail 19,270 3.6 Alternative C Alternative C takes alignment recommendations from Alternative A and B with changes to trail composition. Instead of 5-foot wide walking paths, trails will be narrowed to 3-foot wide with no shoulders to provide a more nature-focused experience with nature trails. With the narrower path, limited shoulders, and 53 »Appendix b) Other actions include bilingual educational resources, Leave No Trace, Carry-In/Carry-Out, and Tread Lightly. Interpretive panels along the trail are an eligible scope expense under this category. 2) Enforce Existing Rules and Regulation a) Trail rules and regulations are often unknown or ignored by users. People not following existing rules and laws create conflicts with other users and adjacent landowners. b) Programs that promote volunteer clubs or individuals to patrol and monitor trail use and educate users about these rules is eligible under this category. Actions such as installing regulatory signs, imposing heavier fines for repeat offenders and installing complaint registers or provide enforcement contacts to report inappropriate are eligible scope items under this category. 3) Provide and Install Trail Signs a) Projects which include costs for signs that identify routes or provide trail related information such as distances, directions, obstacles, rules and regulations, are eligible under this criterion. b) Time and materials needed to coordinate and train volunteers to monitor, install or replace signs is an eligible project cost. Regulatory signs are limited to safe trail use and environmental protection. c) Bilingual signage is encouraged for trail projects maps and signs. 4) Develop Support Facilities a) For RTP purposes, support facilities include trailheads and access road, restrooms, kiosks, protective fencing, water for humans and/or stock, hitching rails, and bike racks as eligible costs. b) Camping and picnic sites are not eligible. c) Lighting for trailhead areas and trails is eligible. i) ADA Requirements: Any project that will be developing support facilities (Restrooms, trailheads, and ramadas at trailheads must comply with ADA standards. All support facilities must be accessible. 5) Construct New Trails a) The proposed project must include construction of multiuse or specialized trail on a previously unused or unauthorized alignment. b) Trail realignment outside of fifteen feet of the existing corridor is APPENDIX C: NON-MOTORIZED PRIORITIES FROM AZ STATE PARKS & TRAILS 2018 Non-Motorized Priorities (PULLED FROM AZ STATE PARKS & TRAILS 2018 GRANTS MANUAL) First Level Priority Components Scope Items 1-3 12 Points Each 1) Renovation and Maintenance of Existing Trails and Support Facilities a) Under this criterion, a project must take an action to maintain and/or renovate existing trails or its support facility. This can be accomplished by staff labor, contracted labor, or coordinated volunteer efforts. b) Project to renovate an inaccessible trail to an accessible trail. c) Time needed to coordinate and train volunteers to provide trail maintenance is an eligible project cost. 2) Protect Access to Trails/Acquire Land for Public Access a) Under this criterion, a project must acquire title or permanent easement. Access refers to the ability of the user to get to the trailhead or area where the recreational opportunities exist. 3) Mitigate and Restore Damage to Surrounding Trails a) Areas around trails become damaged for a host of reasons. To score points under this category, a project must include components specifically designated to rectify or reduce this damage along or on a trail. i) Example: a “social” trail is causing erosion down from the trail – a project will place boulders in front of the “social” trail to keep people from using the trail thus reducing erosion. b) Installing signage that promotes environmental and cultural protection must be done in addition to on the-ground actions Second Level Priority Components Scope Items 4-9 10 Points Each 1) Provide Educational Programs and Trail Etiquette a) Projects, which include promoting “share the trail” and emphasize cooperation, tolerance and respect for other trail users, are eligible under this criterion. 54 »Appendix considered a new trail. However, to score points in this category the estimated cost for the new trail construction must be at least 50% of the total cost for the new trail and any trail maintenance / renovations included in the proposed project. 6) Provide Maps and Trail Information a) Reprinting trail or trail system maps is not eligible for RTP funding. b) Maps that are included with new trail construction projects that are part of a trail safety and environmental protection brochure are eligible. You must provide an example of the proposed layout with the application, and the final draft must be reviewed and approved before printing. Bonus Points Scope Items 10-16 2 Points Each 1) Project Includes Matching Funds of At Least 10% a) A project must have 10% or greater match and must include documentation prior to submittal. b) Documentation may include letters from volunteer groups, staff time and equipment and other matching funds. 2) Youth Involvement with Trail Work a) Federal legislation encourages the use of youth from all aspects of society – students from local colleges, to high school students interested in forest and/or park service. i) Youth groups such as the Boy and Girl Scouts and other youth groups interested in outdoor recreation activities including Youth Conservation Corps or Service Corps for their projects. b) To receive points, a portion of the trail work/maintenance must have a documented letter of support from a youth group with an agreement that some or all of the proposed work will be done using a youth group. 3) Includes ADA Access/Standards a) To receive points, a project must include more than 50% of the project to reach ADA standards to include not only the trail, but also the signage and support facilities. 4) All Required SHPO/NEPA Documents Are Included a) Projects submitted should be shovel ready if approved. To receive bonus points, a project that has all of the required State Historic Preservation documentation and National Environmental Policy Act documentation must be complete. b) Submit required environmental and cultural resource documents. Environmental Requirements: • All applicants must provide an updated species list from Game and Fish (G&F). See page 36 for details on the G&F species document and how to generate the list. • Must complete the NEPA Form on the application (if applicable). Cultural Resources: • All maps must clearly identify the location of any ground disturbance (Installing a kiosk, restrooms, trailhead, trail work, etc. If you are putting a shovel into the ground it is ground disturbance. See page 36 for additional details on what Park staff and ADOT’s EPG Team are looking for in project maps. • Project sponsor must complete the Cultural Clearance Review Form. If the applicant’s agency has an archaeologist on staff, the form must be completed and signed by the archaeologist. Club/volunteer groups must work with the land manager’s archaeologist. • If a survey was done previously that included the project area upload the most recent surveys. 5) First Time Applicant a) The entity or organization proposing the project has never received a project grant from State Parks or State Parks grant funds have never been used for on-the-ground development in the proposed project area. 6) Diversity of Trail Use a) Trail is open to more than one type of user group. Diverse trail projects are those that accommodate two or more user groups (e.g., hiking and equestrian, or hiking and ATV use, etc.) 55 »Appendix APPENDIX D: FORMER POND RECOMMENDATIONS EXISTING SIDEWALK, (TYP.) W VISTO S O HIGHLA N D S D R PROPOSED WILDLIFE DRINKER, (TYP.) PROPOSED WILDLIFE VIEWING BLIND, (TYP.) PROPOSED REVEGETATION ZONE, (TYP.) PROPOSED 5’ WIDE WALKING TRAIL, (TYP.) EXISTING CART PATH, (TYP.) EXISTING PUMP STATION EXISTING WASH, (TYP.) PROPOSED PICNIC AREA, (TYP.) NODE: POND ZONE - OPTION A PROPOSED CONSTRUCTED WETLAND • 3 BAY CONSTRUCTED WETLAND W/ OPEN WATER + GRASS ZONES • 5’ WIDE NATURAL SURFACE WALKING TRAIL • RAMADA’S + WILDLIFE VIEWING PLATFORMS PROPOSED OPEN SPACE FIELD / LAWN 56 »Appendix SCALE = 1” = 150’ EXISTING SIDEWALK, (TYP.) W VISTO S O HIGHLA N D S D R PROPOSED WILDLIFE DRINKER, (TYP.) PROPOSED WILDLIFE VIEWING BLIND, (TYP.) PROPOSED REVEGETATION ZONE, (TYP.) PROPOSED 5’ WIDE WALKING TRAIL, (TYP.) EXISTING CART PATH, (TYP.) EXISTING PUMP STATION EXISTING WASH, (TYP.) PROPOSED OPEN WATER PROPOSED ADA PARKING - 5 SPACES PROPOSED PICNIC AREA, (TYP.) SCALE = 1” = 150’ 0 150’300’ NODE: POND ZONE - OPTION B PROPOSED OPEN SPACE FIELD / LAWN PROPOSED CONSTRUCTED WETLAND • 3 BAY CONSTRUCTED WETLAND W/ OPEN WATER + GRASS ZONES • 5’ WIDE NATURAL SURFACE WALKING TRAIL • RAMADA’S + WILDLIFE VIEWING PLATFORMS 57 »Appendix Land Forming and Grading Mobility & Access Parking Habitat Benefits Habitat Detractions Water Use Human Benefits Cost Pond Option A Grading would include removing pond bulkheads, partially filling former pond zone and sloughing the side slopes inward. Fine grading of the pond bottom to accept small wetlands, create water harvesting opportunities, and revegetation of the area. Access excellent around the three bay constructed wetland. New proposed parking locations would make access to pond easily accessible for all ages and abilities. Very good benefits for a wider range of avian wildlife. Mammalian species would remain similar to old pond configuration. None noted. Least water use pond option. Educational and interpretive value. Photo opportunities and aesthetic value. TBD Option B Grading would include removing pond bulkheads, partially filling former pond zone and sloughing the side slopes inward. Fine grading of the pond bottom to accept small wetlands, create water harvesting opportunities, and revegetation of the area. Creating new bulkheads for the traditional roadside pond at a smaller scale. Fine grading of the pond bottom to accept the new pond, and revegetation of the area. Access excellent around the two bay constructed wetland and pond. New proposed parking locations would make access to pond easily accessible for all ages and abilities Habitat benefits for new pond configuration similar to old pond configuration, albeit lesser due to pond size. Less native avian species would be attracted to pond due to less diverse pond depth and conditions. Greatest water use pond option. Educational and interpretive value. Photo opportunities and aesthetic value. TBD Option C Grading would include removing pond bulkheads and sloughing the side slopes inward . Creating new bulkheads for the smaller roadside pond. Fine grading of the pond bottom to accept wildlife drinkers and revegetation of the area. Access excellent around and into the reconfigured former pond. New proposed parking locations would make access to pond easily accessible for all ages and abilities Habitat benefits for new pond configuration similar to old pond configuration. Maybe even lesser due to even smaller pond size. Less native avian species would be attracted to pond due to less diverse pond depth and conditions. Water use will be increased in the short term for the revegetation activities and will remain high for pond operations. Educational and interpretive value. Photo opportunities and aesthetic value. TBD Driving Range and Vicinity Little grading would be necessary as the low points already exist. Some grading might be necessary around the old putting green near the existing restroom and concessions. Access will be improved to multiple venues including star gazing, wildlife "walks", outdoor classrooms and exhibits. New proposed parking locations would make access to pond easily accessible for all ages and abilities Habitat benefits include three distinct ecotone exhibits, restoration activities, and Bermuda Grass removal. None noted Water use will be increased in the short term for the revegetation activities and level off to little in the future. Educational and interpretive value. Photo opportunities and aesthetic value. TBD Benefits MatrixBenefits Matrix As part of the analysis of each of the above-described As part of the analysis of each of the above-described alternative plans and in order t o derive a preferred alternative plans and in order t o derive a preferred alternative, we developed a benefits analysis to help determine alternative, we developed a benefits analysis to help determine best traits of the preferred option. best traits of the preferred option. APPENDIX E: RECOMMENDATIONS BENEFIT MATRIX 58 »Appendix APPENDIX F: VTNP ADA June 8, 2022 Kristy Diaz-Trahan, CPRP Director Parks and Recreation Department Town of Oro Valley 10555 North La Canada Drive Oro Valley, AZ 85737 Dear Kristy: Thanks for the opportunity to evaluate the old golf car paths for their accessibility if used as pedestrian trails. In this report, we identify and discuss the applicable requirements of the Americans with Disabilities Act (ADA), and the process we used to evaluate the golf car paths. We then review our findings, and close with recommendations for your consideration. APPLICABLE ADA REQUIREMENTS The Americans with Disabilities Act (ADA) became effective January 26, 1992 (see 42 U.S.C. § 12101). The statute prohibits discrimination on the basis of disability. It affords similar protections against discrimination as the Civil Rights Act of 1964 does for race, religious belief, gender, and other circumstances. Americans with Disabilities Act (ADA) General Mandates The ADA has three principal chapters or titles. Title II applies to the Town of Oro Valley and the more than 89,000 other units of state and local government across the country. It requires the Town to make parks, facilities, policies, communications, and programs accessible to and usable by people with disabilities. There are other ADA requirements that are not within the scope of this study. Title I prohibits private employers of 15 or more, or any unit of state or local government regardless of the number of employees, from discrimination on the basis of disability in regard to employer and employee interactions. Additionally, title III prohibits privately owned places of public accommodation of all size, such as restaurants, fitness centers, hotels, and nonprofit agencies that are open to the public, from discrimination on the basis of disability. Related Title II Requirements Affecting Parks and Park Assets The title II requirements for existing facilities begin with a requirement that the programs within those facilities and parks are what is to be made accessible. DOJ title II at 35.149 Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 2 clearly states that “…no qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.” The term “program” is to be broadly interpreted. For the Town of Oro Valley, a program is an opportunity available to the public. Making public comment at a Town meeting is a program. Eating lunch at a park picnic area is a program. Reserving a park pavilion for a birthday party is a program. Trails are a program. Constructed restrooms in parks is a program. Playgrounds are a program. Think broadly here, and know that a program is not just an organized activity for which one registers and participates. In applying 35.149, it is a violation of the ADA if a Town program cannot be accessed by a person with a disability because the facility or park in which the program is located is inaccessible. Title II at 35.150 discusses the parameters for making existing facilities accessible. It requires the Town to view that program “…in its entirety…” at 35.150(a). This means that all of the locations of a program, e.g., every Town playground, must be viewed before determining which will be made accessible and which will be left as is until next altered or replaced. This latter statement is made clear at 35.150(a)(1), where DOJ tells the Town that these requirements do not “…necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities…”. Making a program accessible does not always require making a facility accessible. This is explained by DOJ at title II 35.150(b), where it reviews some of the methods to make a program accessible. The non-structural methods, include, but are not limited to:  Relocating a program from an inaccessible site to a site that is accessible;  Providing a program at two or more sites, one of which is not accessible and at least one of which is accessible;  Redesign or acquisition of equipment to make program participation possible;  Bringing the program to the person with a disability by making home visits;  Construction of new accessible facilities to house the program;  Providing extra staff to facilitate interaction by program beneficiaries; and  Use of accessible rolling stock or other means of conveyance. When nonstructural alternatives are not effective in making the program accessible, 35.150(b) requires the Town to make alterations to existing parks, facilities, and assets, and when doing so, to treat the alteration as new work and comply with title II 35.151. The Town must also give the highest priority “…to those methods that offer services, programs, and activities…in the most integrated setting appropriate”. This mandate is integral to the ADA and reflects clear intent by Congress that separate is not equal. The Town must geographically disperse the accessible programs that are to be retrofit. Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 3 Unfinished Business Town of Oro Valley parks do include some park assets for which there are not yet final and enforceable design standards, at either the state or federal level. The assets that lack a final standard include trails, campsites, picnic areas, viewing areas, beaches, outdoor area accessible routes (ORAR), and constructed park assets such as grills, fire pits, and other similar elements. There is a long history of the development of standards for these assets. The US Access Board is the small federal agency that develops accessibility requirements. The Access Board has the authority to issue final and enforceable standards for federal agencies, but not for title II entities like the Town of Oro Valley, or title III entities like a public facing business or restaurant. The authority to issue standards that are final and enforceable for title II and title III entities is reserved to the US DOJ. In 1993, the Access Board convened its first-ever federal advisory committee, the Recreation Access Advisory Committee (RAAC). The committee was comprised of 27 representatives of various recreation industries, membership associations, disability advocacy groups, and other interested persons. The RAAC subcommittees addressed developed outdoor recreation areas, pools, golf, playgrounds, sports facilities, skiing, amusement parks, and boating and fishing facilities. The Committee made its report to the Access Board in 1994, and recommended further work to reach consensus on trails, picnic areas, campsites, beaches, viewing areas, and outdoor recreation access routes. That work did occur, and in 2013, the Access Board issued a supplement for outdoor developed areas to the Architectural Barriers Act (ABA). The ABA applies only to sites owned and operated by federal agencies, such as the National Park Service, US Forest Service, and Army Corps of Engineers. Since 2013, US DOJ has not issued this guidance as a supplement to the 2010 Standards, making it applicable to the Town. When that will happen is unpredictable. As a result, at least one state (Illinois) has taken the 2013 guidance and incorporated it into state accessibility codes. It appears that other states may do so in the future. Using this guidance now will provide better accessibility to Town of Oro Valley sites, keeping the Town ahead of the changes that may come. The ADA Requirements for New Design and Construction Many of the ADA requirements are open to some interpretation regarding compliance. There is, however, one requirement that is clear: all new design and construction must comply with the federal 2010 Standards for Accessible Design and any State of Arizona requirements that are more stringent from an access perspective. The DOJ regulation at section 35.151 establishes this requirement, and permits new design and construction to vary only when it is “structurally impracticable” to fully comply. Experts estimate that design and construction for ADA compliance adds not more than 1% to the facility cost. Plan review and effective project management by Town staff assure that plans and ongoing construction are compliant. The investment of human resources towards this goal is much less costly than removing barriers after a park asset has been constructed or installed. Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 4 New design and construction includes the design and construction of alterations and additions. Therefore, alterations and additions must strictly adhere to the 2010 Standards. The DOJ title II regulation, at 35.151(b)(4), requires that when alterations or additions occur at an existing Town facility, a “path of travel” is required to connect the accessible elements of the existing facility with accessible elements in the altered area or addition. In preparing the regulation, DOJ recognized the inequity of a result whereby the accessibility portion of an alteration or addition, the path of travel, could require more fiscal resources than the alteration or addition. The regulation therefore introduces the concept of disproportionality, which permits the Town to limit path of travel costs to 20% of the cost of a project Three clarifications are necessary regarding the concept of disproportionality. First, the Town may elect to apply the concept of disproportionality; it is not required to do so. If the Town wishes to make the cap 30% of the cost of the alteration or addition, it may do so. The ADA sets the floor, not the ceiling. Second, the path of travel must be applied when the alteration or addition is to a primary function area. A primary function area is “…a major activity for which the facility is intended.” Examples in the title II regulation include “…the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.” Third, some work at an alteration or addition is simply maintenance and the cost of that work may be deducted from the determination of the cost of the alteration or addition, thereby affecting the amount necessary to meet the 20% disproportionality test. At most sites these non-alteration costs are very small. In a world where every Town of Oro Valley penny counts, it is appropriate to properly apply the concept of disproportionality. Access requirements for new design and construction are important in the context of the Town Capital Improvement Plan (CIP). CIP projects, designers, and contractors meet or exceed federal and local requirements. The ADA Requirements for Existing Facilities We discuss the program access test earlier in this report (see page 5). In a nutshell, the Town of Oro Valley should interpret the word “program” very broadly. If the Town of Oro Valley offers an opportunity, such as using a trail, using a picnic table, using a park restroom, it is a program. The programs within the parks are what must be accessible. Title II at 35.150 discusses the parameters for making existing facilities accessible. It requires the Town to view that program “…in its entirety…” at 35.150(a). This is interpreted to mean that all of the locations of a program, e.g., every Town fishing area, must be viewed before determining which will be made accessible and which will be left as is until next altered or replaced. This latter statement is made clear at 35.150(a)(1), where the Town is told by DOJ that these requirements do not “…necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities…”. Elsewhere in title II, the Town is required to make changes to rules and policies as well. These nonstructural alternatives may be effective in making a program accessible. Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 5 However, when nonstructural alternatives are not effective in making the program accessible, 35.150(b) requires the Town to remove architectural barriers at existing parks, facilities, and assets, and when doing so, to treat the alteration as new work and comply with title II 35.151. The Town must also give the highest priority “…to those methods that offer services, programs, and activities…in the most integrated setting appropriate”. This mandate is integral to the ADA and reflects clear intent by Congress that separate is not equal. The Town must also disperse the accessible programs that are to be retrofit. In 2010, the DOJ issued an amended title II regulation. It became effective March 15, 2011, and introduced safe harbor for the Town and other states and local governments at 35.150(b)(2). If the Town designed and constructed an asset, prior to March 15, 2012, in compliance with the 1991 Standards for Accessible Design, it cannot be penalized if the Standards change at a later date. An example is the reach range requirement. In the 1991 Standards, reach range could be as high as 54” above the finished floor (aff) for a side approach, and 48” aff for a forward approach. In the 2010 Standards, because of confusion about forward reach and side reach, the maximum reach range was reduced to 48” aff. The safe harbor concept applies, and at Town facilities designed and constructed before March 15, 2012, where a proper side reach can be used, an operating mechanism can be as high as 54” aff. However, if that operating mechanism is at 55” aff, it fails the 1991 Standards and must be retrofit to meet the 2010 Standards maximum of 48” aff. When nonstructural alternatives are not effective in making the program accessible, 35.150(b) requires the Town to make alterations to existing parks, facilities, and assets, and when doing so, to treat the alteration as new work and comply with title II 35.151. The Town must also give the highest priority “…to those methods that offer services, programs, and activities…in the most integrated setting appropriate”. This mandate is integral to the ADA and reflects clear intent by Congress that separate is not equal. The Town must geographically disperse the accessible programs that are to be retrofit. OUR PROCESS For this unique site, Tanya Scheibe walked the entire golf car path with a HETAP device, an acronym for High Efficiency Trail Assessment Process. HETAP was developed by Beneficial Designs. Using this HETAP device consisting of a stroller, computer, sensor box, GPS, and web cam, she captured running and cross slopes, gaps, and changes in level at more than 1,200 points on the trail. While the focus for these locations is where deficiencies occur, points or “stations” were captured about every 30’ when specific issues were not present to help identify areas that might be easier to correct and make accessible. The site was segmented based on its former golf course hole locations. Segment 1 covered the path starting at the parking lot and connecting through holes 1, 2 and 3. Segment 2 is the area that was hole 4 through hole 8. Segment 3 is the very short split path at hole 8. Segment 4 starts at hole 9 and heads through hole 9 back to the parking lot. Segment 5 is the short stretch that connects between hole 9 and hole 18 near the former clubhouse. Segment 6 consists of holes 10 and 11. Segment 7 includes holes 12 through 16. And finally segment 8 is hole 17 and hole 18. The larger segments are Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 6 separated by road crossings or underpasses and make it easier to determine where the path is more accessible and less accessible. She also looked briefly at the current parking area and one of three existing restroom facilities. While these items were not in the original project scope, accessible use of the site will involve parking and restroom use if restroom facilities are reopened or replaced. From the data collected, we’ve created a GIS compatible document, an organized set of data in an Excel spreadsheet, and the summary of our findings and recommendations that follow this section. OUR FINDINGS In each identified segment, we encountered deficits that include cross slopes exceeding 2.08%, running slopes exceeding 12.5%, running slopes exceeding 5% and lacking level resting areas at the appropriate intervals, changes in level or tread obstacles exceeding .5”, gaps or openings exceeding .5”, and areas where sand or dirt have accumulated on the trail surface. Additionally, we identified locations in the right of way connecting sections of trail that lacked detectable warnings. Along the approximately 32,000 ft long trail, we found 680 instances of cross slopes exceeding 2.08%. Of these, 274 are a maximum of 3%, 296 are between 3% and 5%, and 110 exceed 5% with the highest being 8.6%. The area least affected by cross slopes is along the first segment. The area most affected is the area along hole 9 and the short stretch of path between hole 9 and 18. Cross slopes exceeding 2.08% is a common problem on accessible routes, trails, and other outdoor surfaces as any small amount of settling can quickly cause an area or concrete panel to shift and increase the slope in one or more directions. The cross slopes identified affect almost half of the overall trail length. When considering running slopes, we identified 164 instances where the slope exceeded 5% and lacked resting intervals in distances appropriate for the severity of the slope. These instances affect about 10% of the total trail length, with the highest concentrations occurring along hole 9, the short stretch of path between hole 9 and 18, and along holes 17 and 18. The area with the least impact from running slope deficiencies is along hole 1 to 3 and hole 10 through 11. The severity of the slopes is also important to consider. There were a total of 16 locations identified with slopes exceeding 12.5% - the maximum allowed along a trail. These were not concentrated enough in any one location, though the highest recorded is 17.8% near the lake at hole 8. Running slopes above 10% and up to 12.5% must have resting intervals at 10’. There were few instances of this issue with the highest concentration occurring along hole 9 and the short stretch of path between hole 9 and 18. Slopes above 8.33% and up to 10% must have resting intervals at 30’. These instances are also limited but most affect hole 9 and hole 17 to 18. For slopes above 5% but not exceeding 8.33%, resting intervals must be provided at 200’. This issue is a bit more common, but is most concentrated from hole 17 to 18, with other issues along holes 4 through 8, along hole 9, and along holes 12 through 16. Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 7 With regards to changes in elevation (CIL) or tread obstacles, the overall path is in good shape. CILs most often occur at expansion joints but sometimes occur in locations near trees where roots have caused upheaval or where significant settling or washout may have caused damage or shifting. We identified 17 instances with the highest recorded at 3” in the area along holes 12 through 16. There are also other significant CILs worth noting. An instance of the pavement buckling occurs in the area along holes 4 through 8, near hole 5 and some tree root damage occurs along this segment as well. Additionally, a large shift occurs in the segment along hole 17 and 18 where damaged. Gaps occur at multiple points along the trail and about 60 were recorded. These range in severity and type, and occur for a variety of reasons. Not surprising, the majority of these were recorded on longer segments of trail including the segments of holes 1 to 3, holes 4 to 8, holes 12 to 16, and hole 17 to 18. Most gaps are relatively small and less than 2”. Some more notable gaps are a deterioration at an expansion joint 6” at widest point and one up to 9.5” along hole 1 to hole 3 and 8” wide gap where deteriorated along hole 17 to 18. One more significant issue that is easily corrected is the sand, dirt, and debris that wash onto the trail surface. In some locations, it may be a recurring issue and may need a bigger solution, but the Town can control this problem with regular maintenance of the surface trail. The most notable issue here was a very large amount of sand accumulated in the tunnel between holes 8 and 9. The tunnels allowing the trails to continue beneath the roadway have overhead clearances below 80” along the sides of the tunnels. In some tunnels, markings are visible showing the intended width for use by the golf cars during use as a golf course and the space within these marked edges meets the required overhead clearance. However, there is no way for a visually impaired user to detect the reduced overhead along the sides. In locations where the trail crosses the roadway at the road surface, there are no detectable warnings installed. Detectable warnings in the right-of-way are important to aid visually impaired trail users at crossings to indicate the hazard of the roadway. The existing parking area, while not viewed in its entirety, has compliant slopes in the stalls near the current trail entry and along the existing drop off/turnaround at the trail entry. This area was discussed as likely being used temporarily while other changes are made to portions of this site. There are three restroom buildings along the trail that are currently closed. These restrooms were discussed as potentially being reopened for use. A quick look was taken at one of the restrooms in the building that included the starter box and grill. This restroom would require some general repair to the structure of the building, but also changes to some of the fixtures and accessories to make the restroom compliant. It was suggested that this restroom is almost identical to the others and a simple exchange was shared that emphasized costs to repair the noted deficits. This limited assessment and retrofit conversation was done to assist the Town in determining whether renovating the existing restrooms will be more or less cost effective to installation of a prefab restroom facility. Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 8 OUR RECOMMENDATIONS Discussions on site suggested an interest in focusing improvements for accessibility along the segment of the trail between holes 4 to 8. This may include the addition of a new parking area to serve the accessible section. There is also an existing restroom building in this section. While this section includes a higher instance of excessive slopes than some of the other larger sections of the trail, it may still be a great area to focus improvements for accessibility. It accounts for more than 25% of the trail’s length and has access from the sidewalks along the roadway without requiring a user to traverse the steepest slopes at the underpasses. The first segment, holes 1 through 3, and the sixth segment, holes 10 and 11 are the other areas where the slopes are less problematic. Combined, these areas do connect to one another and also account for more than 25% of the trail’s length. The former starter box restroom is located in this area and could be reopened or replaced to provide an accessible restroom here. Additionally, this area is located close to the existing parking lot. From our understanding, use of this area will depend on the specifics of the plans for use of the portions of the land purchased by a developer. We recommend making one of the two areas described above accessible, meeting the guidance described in the 2013 Outdoor Developed Areas Accessibility Guidelines published by the US Access Board. This requires the Town to:  Correct cross slopes throughout to max 2.08% and running slopes to meet requirements  Correct changes in level or tread obstacles to maximum .5”  Correct gaps to be max .5” and with the long dimension perpendicular to the direction of travel  Clearing washout or debris from the trail surface  Performing regular maintenance on plants or trees along the route to keep the trail width and overhead space clear  Create level rest intervals, 60” by 60” at distances based on the trail slope when running slopes exceed certain values. The running slopes for the trail should be:  Maximum 5% not requiring any resting intervals;  No greater than 8.33% while providing resting intervals max 200’;  No greater than 10% while providing resting intervals max 30’; and  No greater than 12.5% while providing resting intervals max 10’. In addition to trail improvements described above, any added or reopened amenities, such as restrooms or parking lots must also fully comply with the 2010 Standards for Accessible Design and any Arizona standards that may be more stringent. Town of Oro Valley Report Regarding Via Vistoso Golf Car Path Accessibility June 8, 2022 - page 9 We also recommend adding detectable warnings at each location where the path crosses the road or meets a vehicular way, such as a parking lot. CONCLUSION The Town of Oro Valley has a unique opportunity with this site. This report identifies two possibilities to consider. If there are any questions, please reach me or Tanya Scheibe for answers. Thanks for the opportunity to serve the Town of Oro Valley. Sincerely, John N. McGovern, JD Partner, Principal-in-Charge The WT Group, LLC Accessibility Practice JNM/TRS/TOWN OF ORO VALLEY REPORT 202201 APPENDIX G: ACORN REPORTS 1 Vistoso Trails Nature Preserve Education Recommendations The Acorn Group in collaboration with Sites Southwest 2 Introduction 3 Best Practices 4 5 Background information related to educational programming 6 ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 7 8 Proposed school programs at Vistoso Trails Nature Preserve 9 10 11 Appendices 12 13 14 1 Vistoso Trails Nature Preserve Interpretive Summary The Acorn Group in collaboration with Sites Southwest 2 Introduction The Acorn Group is collaborating with Sites Southwest to develop a master plan for Vistoso Trails Nature Preserve. Located in the Town of Oro Valley, Arizona, the Preserve sits on a former golf course. Now repurposed, the Preserve is open to the public. Over six miles of paved cart paths wind through it, taking visitors past desert scrublands and mesquite bosques, viewpoints of the Catalina and Tortolita Mountains, and pullouts where they can savor towering saguaro, woodlands of palo verde and ironwood, and in the spring, pastel-hued cacti flowers. Our work focuses on both interpretive and educational opportunities at this remarkable site. The former addresses strategies to connect with non-formal visitors who arrive voluntarily. The latter addresses strategies to connect with formal education audiences who seek out-of-classroom experiences that augment the curriculum. While the first group will benefit directly from new interpretive media and experiences at the Preserve, the second group will additionally benefit from new programs that lend meaning and authenticity to classroom learning. This requires alignment with grade-specific academic content standards and careful coordination with target schools. The interviews we conducted with school administrators have informed our programming recommendations, summarized in a second document, Vistoso Trails Nature Preserve: Education Recommendations. This interpretive summary is a foundational tool for interpretation. It summarizes the content underlying new interpretive media. It establishes a framework that helps focus the Preserve’s features as a means to convey conservation messages. And by establishing goals, it reveals outcomes of the visitor’s experience and holds interpretation accountable. 3 Best Practices in the Field       4 Goals and Objectives the 1 The mission statement of Oro Valley Parks and Recreation is to inspire connection through recreation. 5 6 7 8 Message Hierarchy 9 10 11 SITES SOUTHWEST 1700 CENTRAL SW, SUITE B ALBUQUERQUE, NM 87104 www.sites-sw.com ph: 505.822-8200 Project for: Town of Oro Valley Project by: Sites Southwest February 20, 2024 Vistoso Trails Nature Preserve Master Plan – Final Approval Town Council Session April 17, 2024 Agenda »Final Master Plan »Costs and Phasing »Q & A | Discussion »Existing Cart Path becomes Preserve Trail (with modifications) »All Restrooms Rehabilitated »Entire Preserve is Revegetated with Sonoran Desert Native Plants »Desert Garden Park at “Old Pond” with Ramadas and viewing plaza. »Four Parking Lots / Trailheads (one shared use) Master Plan Highlights Master Plan Safety Improvements (cart path, signage…) »Repaired and Rehabilitated Cart Path »Safety Signage »Reclamation Infrastructure »Parking Lots »Trailheads »Site Furnishings »Repaired and Rehabilitated Cart Path »Reclamation Desert Garden »Parking Lot 13 spaces with HC Parking »Desert Native Plant Garden Formal Landscape Shade Signage Gravel Path through Garden (ADA) »Viewing Plaza Hardscape Plaza Ramadas Furniture Revegetation »Tees, Fairways, Greens, Sand Traps »Driving Range »Interstitial Spaces Construction Costs: Safety Improvements ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Safety Improvements Phase 1 Mobilization/Demobilization LS 1 $10,000.00 $10,000.00 Allowance 2 Construction Staking LS 1 $7,600.00 $7,600.00 Based on $1,700/AC 3 Selective Clearing, Pruning & Plant Relocation AC 2.9 $7,500.00 $21,750.00 Based on area 4 Cart Path Removals: broken, heaved, and heavily cracked LS 21 $420.00 $8,820.00 Adjusted at .75 of Build Cost 5 Cart Path Rebuilds: rebuild cart path in removal areas LS 21 $1,650.00 $34,650.00 Assuming 8'x16' ea @ $12/sf x 21 fixes = $1,536 ea 6 Safety Signage: share the path, cautionary, and yield signage LS 1 $2,700.00 $2,700.00 Based on $75.00 per sign 7 Earthwork - Unclassified Excavation, Including Placement and Compaction LS 1 $15,000.00 $15,000.00 Based on area not cubic yardage Subtotal $100,520.00 Phase I Soft Costs Adjusted Construction Contingency @ 25%$25,130.00 Design Fee @ 12%$15,078.00 Permits, Fees, Liability, Bonds, etc. (15%)$18,847.50 TOTAL $159,575.50 Notes for Safety Improvements - Pond bulkhead removal and reseeding is included in pond area improvements estimate - It is assumed that the SWPP is not necessary due to small amounts of land distrurbed Construction Costs: Infrastructure ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Infrastructure Phase (addtnl path improvements, parking, wayfinding, furnishing) 1 Mobilization/Demobilization LS 1 $20,000.00 $20,000.00 Allowance 2 Construction Staking LS 1 $30,000.00 $30,000.00 Based on $1,700/AC 3 Selective Clearing, Pruning & Plant Relocation LS 1 $10,000.00 $10,000.00 Allowance 4 Demolition LS 1 $10,000.00 $10,000.00 Allowance 5 Earthwork - Unclassified Excavation, Including Placement and Compaction LS 1 $50,000.00 $50,000.00 Allowance 6 Trailhead Parking at N Rancho Vistoso Blvd. (15 Spaces)LS 15 $5,000.00 $75,000.00 Based on CRC costs - per space $5000 7 ADA Trailhead Parking at W Vistoso Highlands Dr. ( 4 Spaces)LS 8 $5,000.00 $40,000.00 Based on CRC costs - per space $5000 8 Trailhead at W Vistoso Highlands Dr. LS 1 $30,000.00 $30,000.00 9 Cart Path Shoulder Improvements (4'-0" wide both sides)SF 215,520 $3.00 $646,560.00 10 Cart Path Drainage Improvements LS 1 $25,000.00 $25,000.00 Based on Phase 1 cost, increased by 50% 11 Site Furnishings (Benches, Bollards, Trash Receptacles)LS 1 $90,000.00 $90,000.00 Allowance 12 Reclamation (native seeding 2' edges of gravel paths on each side)SF 108,000 $0.22 $23,760.00 13 SWPP Plan Preparation, Installation, and Maintenance LS 1 $25,000.00 $25,000.00 Based on $1000/AC 14 Material Testing & Inspections LS 1 $15,000.00 $15,000.00 Allowance Subtotal $1,090,320.00 Phase II Soft Costs Adjusted Construction Contingency @ 25%$272,580.00 Design Fee @ 12%$163,548.00 Permits, Fees, Liability, Bonds, etc. (15%)$204,435.00 TOTAL $1,745,883.00 Notes for Infrastructure - Parking at West Vistoso Highlands Dr is assumed to be the responsibility of the developer of the apartment project - Parking at the Desert Garden at the Old Pond Area is included in that section of the cost estimate. Construction Costs: Desert Garden ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Desert Garden at Old Pond Area Phase 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 Allowance 2 Construction Staking LS 1 $10,090.00 $10,090.00 Based on $1,700/AC 3 Selective Clearing, Pruning & Plant Relocation LS 1 $5,000.00 $5,000.00 Allowance 4 Demolition of Bulkhead and Other Related Equipment LF 1,500 $15.00 $22,500.00 based on linear footage of bulkhead 6 Bermuda Removal and Off Site Disposal SF 148,670 $0.88 $130,829.60 fairways and greens 7 SWPP Plan Preparation, Installation, and Maintenance LS 1 $5,950.00 $5,950.00 Based on $1,000/AC 8 Reclamation (native seeding)SF 238,860 $0.22 $52,549.20 Based on $1,000/AC 9 Desert Garden Parking Lot (13 spaces and entry road) LS 13 $5,000.00 $65,000.00 Based on CRC costs per space 10 Earthwork - Unclassified Excavation, Including Placement and Compaction CY 11,750 $40.00 $470,000.00 6' depth by 105,415 SF 11 Flatwork - Plaza's and Other Concrete SF 12,790 $9.00 $115,110.00 based on $9.00 / SF 12 ADA Trail SF 3,680 $4.00 $14,720.00 area x $3.00/SF 13 Landscape Plantings and Irrigation SF 90,610 $3.00 $271,830.00 14 Material Testing & Inspections LS 1 $10,000.00 $10,000.00 Allowance 15 Ramadas and Shade Structures EA 3 $40,000.00 $120,000.00 Subtotal $1,308,578.80 Phase lll Soft Costs Adjusted Construction Contingency @ 25%$327,144.70 Design Fee @ 12%$196,286.82 Permits, Fees, Liability, Bonds, etc. (15%)$245,358.53 TOTAL $2,077,368.85 Construction Costs: Driving Range ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Driving Range Revegetation Phase 1 Mobilization/Demobilization LS 1 $30,000.00 $30,000.00 Allowance 2 Construction Staking LS 1 $10,000.00 $10,000.00 Lump Sum - simple project and paired down cost 3 SWPP Plan Preparation, Installation, and Maintenance LS 1 $10,000.00 $10,000.00 Based on $1,000/AC 4 Bermuda Removal and Off Site Disposal SF 435,600 $0.88 $383,328.00 5 Material Testing & Inspections LS 1 $5,000.00 $5,000.00 Allowance 6 ADA Trail (5'-0" Wide Compacted Fines)SF 12,650 $5.38 $68,057.00 Based on area 7 Reclamation (native seeding)SF 435,600 $0.22 $95,832.00 Based on $0.22/SF Subtotal $602,217.00 Phase IV Soft Costs Adjusted Construction Contingency @ 25%$150,554.25 Simple project therefore less contigency Design Fee @ 2%$15,055.43 Simple project and therefore lesser fees Permits, Fees, Liability, Bonds, etc. (15%)$112,915.69 TOTAL $880,742.36 Notes for Driving Range - It is assumed for the Driving Range and other Hole Areas (tees, fairways, greens and traps) to be revegetated that the bermuda grass will be left in place and plowed under and not removed due to cost. Construction Costs: Revegetation and Reclamation (tees, fairways, greens, sand traps ITEM #ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Hole Revegetation and Reclamation of Tees, Fairways, Greens and Sand Traps Phase 1 Tees, Fairway, Greens, Sand Traps (all holes except LS 1 $1,999,364.00 $1,999,364.00 2 Construction Staking LS 1 $30,000.00 $30,000.00 Based on $1,700/AC 2 Clear & Grub Old Sod, Disposal Fees AC 34.75 $4,356.00 $151,371.00 Based on $0.10/SF Estimate 3 SWPP Plan Preparation, Installation, and Maintenance AC 69.50 $1,000.00 $69,500.00 Based on $1,000/AC Subtotal $2,250,235.00 Phase V Soft Costs Adjusted Construction Contingency @ 10%$225,023.50 Design Fee @ 2%$49,505.17 Permits, Fees, Liability, Bonds, etc. (15%)$371,288.78 TOTAL $2,896,052.45 Notes for Tees, Fairways, Greens and Sand Traps - It is assumed for the Hole Areas (tees, fairways, greens and traps) to be revegetated that the bermuda grass will be left in place and plowed under and not removed due to cost. - See Per Hole Cost for Individual Hole Breakdowns Allowance - (Rip, Seed, Straw & Compact) Based on Hydroseed @ $0.62/SF Construction Costs ITEM DESCRIPTION UNIT QTY UNIT COST Total Notes Phase V - Revegetation and Reclamation of Fairways, Greens and Tees Hole 1: Tees, Fairway, Greens AC 3.28 $38,800.00 $127,264.00 Allowance - (Rip, Seed, Straw & Compact) Hydroseed @ $0.62/SF Hole 2: Tees, Fairway, Greens AC 4.59 $38,800.00 $178,092.00 Allowance - (Rip, Seed, Straw & Compact) Hydroseed @ $0.62/SF Hole 3: Tees, Fairway, Greens AC 1.05 $38,800.00 $40,740.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Hole 4: Tees, Fairway, Greens AC 2.52 $38,800.00 $97,776.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Hole 5: Tees, Fairway, Greens AC 3.39 $38,800.00 $131,532.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Hole 6: Tees, Fairway, Greens AC 5.36 $38,800.00 $207,968.00 Allowance - (Rip, Seed, Straw & CompactHydroseed @ $0.62/SF Hole 7: Tees, Fairway, Greens AC 1.5 $38,800.00 $58,200.00 Allowance - (Rip, Seed, Straw & Compact Hydroseed @ $0.62/SF Hole 9: Tees, Fairway, Greens AC 3.09 $38,800.00 $119,892.00 Allowance - (Rip, Seed, Straw & Compact) Hydroseed @ $0.62/SF Hole 10: Tees, Fairway, Greens AC 3.33 $38,800.00 $129,204.00 Allowance - (Rip, Seed, Straw & Compact) Hydroseed @ $0.62/SF Hole 11: Tees, Fairway, Greens AC 3.37 $38,800.00 $130,756.00 Allowance - (Rip, Seed, Straw & Compact) Hydroseed @ $0.62/SF Hole 12: Tees, Fairway, Greens AC 4.39 $38,800.00 $170,332.00 Allowance - (Rip, Seed, Straw & Compact) Hydroseed @ $0.62/SF Hole 13: Tees, Fairway, Greens AC 0.92 $38,800.00 $35,696.00 Allowance - (Rip, Seed, Straw & Compact) Hydroseed @ $0.62/SF Hole 14: Tees, Fairway, Greens AC 2.95 $38,800.00 $114,460.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Hole 15: Tees, Fairway, Greens AC 1.15 $38,800.00 $44,620.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Hole 16: Tees, Fairway, Greens AC 6 $38,800.00 $224,652.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Hole 17: Tees, Fairway, Greens AC 0.79 $38,800.00 $30,652.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Hole 18: Tees, Fairway, Greens AC 4.06 $38,800.00 $157,528.00 Allowance - (Rip, Seed, Straw & Compact)Hydroseed @ $0.62/SF Subtotal $1,999,364.00 Phasing Q & A | Discussion Town Council Regular Session 2. Meeting Date:04/17/2024 Requested by: Rosalyn Epting Submitted By:Rosalyn Epting, Parks and Recreation Department:Parks and Recreation SUBJECT: RESOLUTION NO. (R)24-12, PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING FUNDING A REPLACEMENT SHADE STRUCTURE PROJECT AT STEAM PUMP RANCH RECOMMENDATION: Staff recommends funding the current proposal of $289,705 for a shade structure project at Steam Pump Ranch. EXECUTIVE SUMMARY: On July 21, 2023, an individual drove their vehicle into the shade structures at Steam Pump Ranch, destroying or making much of the structures unusable and a safety hazard. The total cost of a new shade structure is estimated at $379,000. Insurance proceeds of $89,295 will be utilized towards this project. Therefore, additional funding in the amount of $289,705 is being requested from the General Fund Contingency Account to replace the shade structures. Per Financial Policy 1-1, 4.0, Contingency appropriation may only be expended upon Town Council approval. BACKGROUND OR DETAILED INFORMATION: In the early morning hours of July 21, 2023, a white pickup truck with no visible license plates drove into the shade structures at Steam Pump Ranch. The police were called and a report was generated. The Town’s insurance carrier was contacted, and the estimate for the loss was $97,018.55, minus the Town’s deductible of $1,000, totaling $96,018.55. To date, the Town has received an insurance check in the amount of $52,125.51. The remaining $43,893.04 depreciation holdback will be paid to the Town once the project has been completed and a "Sworn Statement in Proof of Loss" has been signed, notarized, and returned. Of the $52,125.51 received thus far, $6,724 was utilized for the removal of the damaged structures. After the depreciation holdback is received, there will be $89,294.55 remaining for shade replacement. Unfortunately, the individual that caused the damage was never identified. Since the time of the incident, additional gates have been installed at the Ranch to deter after-hours entry into the park. The original shade structures were installed in 2012. Three 12’ X 50’ wood structures were installed end to end, with spacing in between. The original structures were custom-made and utilized misters, lights, and electrical outlets on every other pole. Due to the slatted roof, a shade cloth was used to provide any additional shade possible. The shade structures were utilized each Saturday for the Heirloom Farmer’s Market. The area was also used as a cooled, covered area for the Summer Camp Program at Steam Pump Ranch. On occasion, rentals would also use the space as needed. To provide the best possible usage for the area, staff worked on multiple cost estimates including larger structures, metal roofs, as well as cloth shade structures. Prior to obtaining cost estimates, staff held a site visit with the three main stakeholder groups that have an interest in the property: Pima County, Oro Valley Historical Society, and the Heirloom Farmer’s Market. All groups supported a new shade structure proposal like the previous layout and shape, but with different materials. Throughout the process, staff continued to reach out to Pima County since they hold the Historical Preservation Easement for Steam Pump Ranch. Pima County was in support of the metal roof structures because it helped to maintain the esthetics of the Ranch. The County was not in support of the cloth shade structures that are similar to what one would see at the Community & Recreation Center or the parks. The Heirloom Farmer’s Market was in support of the shade structure, or even a larger one. The Farmer's Market noted that with a larger structure, more vendors could be included in the market event each week. The proposed shade structure will be one 16’ X 180’ structure with a monoslope metal roof. Lights and misters will be installed, along with electrical outlets on multiple poles. The original structure’s footings cannot be used; therefore, the new structure is 4 feet wider to accommodate new footings. Pavers will also be extended to cover the footprint of the new shade structure. The color of the structure will complement the Ranch with brown tones. Currently, there is a 12-14 week lead time on the shade structure, which is why staff is coming before Council prior to the budget process and final adoption, which occurs in June/July. FISCAL IMPACT: The cost for the new structure, installation, electrical work, misters, and pavers is estimated to be approximately $379,000. This would include a contingency of 20% that has been included in the estimate. Estimated Project Cost $379,000 Minus Insurance Proceeds Remaining $ 89,295 (Remaining After Original Structure Removal of $6,724) Contingency Request $289,705 The requested amount of $289,705 will be utilized from the General Fund Contingency Account, which currently holds an available balance of $4,894,900. SUGGESTED MOTION: I MOVE to approve (or deny) Resolution No. (R)24-12, authorizing and approving funding for the shade structure project in the amount of $289,705 from the General Fund Contingency Account. Attachments (R)24-12 Steam Pump Ranch Shade Funding Staff Presentation RESOLUTION NO. (R)24-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING FUNDING FOR A SHADE STRUCTURE AT STEAM PUMP RANCH IN THE AMOUNT OF $289,705 FROM THE GENERAL FUND CONTINGENCY ACCOUNT; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, The shade structures at Steam Pump Ranch were vandalized on July 21, 2023; and WHEREAS, There was structural damage and the shade structures needed to be removed; and WHEREAS, The shade structures were utilized each Saturday by the Heirloom Farmer’s Market, as well as used by Summer Camp and facility rentals; and WHEREAS, The requested amount of $289,705 will be utilized from the General Fund Contingency Account, which currently holds an available balance of $4,894,900; and WHEREAS, Per Financial Policy 4.0, Contingency appropriation may only be expended upon Town Council approval. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The funding for a shade structure at Steam Pump Ranch in the amount of $289,705 from the General Fund Contingency Account is hereby authorized and approved. SECTION 2. The Town Manager, Town Clerk, Town Legal Services Director or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. All Oro Valley Resolutions, or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 17th day of April, 2024. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Mike Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: Steam Pump Ranch Shade Structure Project History of the Shade Structure Installed in 2012 Structure Three custom wood structures with wood slat roof Each structure 12’ X 50’ Installed end to end, with some spacing between Electric outlets on every other pole Lights Misters Cloth covering attached for additional shade Utilized By Saturday Heirloom Farmer’s Market Day Camp Rentals Incident Causing Damages Early hours of July 21, 2023 White pickup truck No visible plates Drove into the shade structures Police Report Filed Unable to determine the identity Insurance Carrier Contacted Adjuster Estimate $97,018.55 Deductible $1,000 $52,125.51 received to date Remaining $43,893.04 depreciation holdback paid once the project is completed and a Sworn Statement in Proof of Loss submitted After the Damages Structures Were Removed $6,724 cost for removal Funds utilized from insurance claim Gates Installed (north entrance) Locked nightly Deter vandalism Staff Met with the Three User Groups Pima County (Historic Preservation Easement Holder) Heirloom Farmer’s Market Oro Valley Historical Society Results of Meetings Support of a new structure Similar to previous layout Different materials Research Completed Shade Structure Options Investigated Metal Roof •Gabled Roof •Monoslope Roof Cloth Top Hip Shade (similar to CRC & Parks) One Structure covering the entire space 16’ X 180’, slightly wider to avoid current footings and conduit 26’ X 180’ at the request of the Heirloom Farmer’s Market, to accommodate additional vendor space Design Selected Most Cost-Efficient Design for Needs 16’ X 180’ Monoslope Roof Outlets on multiple poles Misters Lights Pima County Support for metal structures Funding Request Item Cost Notes 16’ X 180’ Structure, Electrical, Misters, Lights, Pavers $379,000 Includes 20% Contingency Insurance Proceeds Minus $1,000 Deductible ($96,019) Damaged Structure Removal $6,724 Total Contingency Request $289,705 General Fund Contingency Account Balance is $4,894,900 Per Financial Policy 4.0, Contingency appropriation may only be expended upon Town Council Approval Town Council Regular Session 3. Meeting Date:04/17/2024 Requested by: Paul Melcher Submitted By:Paul Melcher, Community and Economic Development Department:Community and Economic Development SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN OF ORO VALLEY'S ROLE IN DESTINATION MARKETING ITEM A: DISCUSSION AND POSSIBLE ACTION REGARDING ORO VALLEY'S PARTICIPATION WITH VISIT TUCSON AND THE TOWN'S PLAN IN MARKETING THE TOWN AS A DESTINATION ITEM B: RESOLUTION NO. (R)24-13, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING THE TOWN OF ORO VALLEY AS THE OFFICIAL DESTINATION MARKETING ORGANIZATION FOR THE TOWN OF ORO VALLEY AND AUTHORIZING THE TOWN COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR TO SIGN THE REQUIRED DESTINATION MARKETING ORGANIZATION AFFIDAVIT RECOMMENDATION: Staff recommends approval of Resolution No. (R)24-13 as presented. EXECUTIVE SUMMARY: In anticipation of the termination of the Town of Oro Valley and Visit Tucson Annual Operating agreement, Economic Development staff created a list of interim steps to create support mechanisms for the local resorts, including seeking the AZ Office of Tourism designation for the Town as its Destination Marketing Organization. BACKGROUND OR DETAILED INFORMATION: Economic Development staff have created the action items below to complete from April 1 to April 30, 2024, as part of its support plan for resorts developing and securing group contracts. The list does not represent a specific chronological order. Booking Leads and Advertising Hosting Lead Creation and Management Discussions1. Trade Show Identification and Prioritization with Resorts2. DMO Designation via AOT3. Things to Do Page conversion to visitor and event support page4. Defining ways to increase Shoulder Stays, Sports Events, Quick Wins5. Continued Discussion Regarding Overall Group Booking Strategy6. Financial Considerations 1. Finalizing the remaining FY 23-24 Budget Allocation ($100,000) 2. Placer AI agreement/purchase and strategy development 3. Developing a FY 24-25 Budget that supports attaining key group booking outcomes. Specific DMO designation benefits: Specific DMO designation benefits: Grant funding opportunities from the USA Travel Association and political visitation with key tourism stakeholders on a federal and local level DMOs can collaborate with other destinations, industry stakeholders, and government agencies to share best practices, exchange resources, and address common challenges. Grant funding opportunities with Arizona Office of Tourism Co-marketing funding dollars availability via Arizona Office of Tourism Facilitate leads from meeting planners to venues via the CVENT platform Discounted trade shows for our resorts via the DMO. Industry Partner Opportunities: Financial Support: Tourism Industry partners often provide financial support to the DMO to help fund marketing campaigns, events, and other promotional activities aimed at attracting tourists. This financial support can be crucial for the DMO to effectively promote the Town as a destination. Networking Opportunities: Partnering with tourism industry stakeholders can provide the DMO with valuable networking opportunities. These connections can lead to collaborations on marketing initiatives, joint promotional campaigns, and other mutually beneficial partnerships. Access to Resources and Facilities: Tourism industry partners may provide access to resources and facilities that can enhance the Town's tourism offerings. This could include access to attractions, accommodations, transportation services, and other amenities that can help attract visitors to the destination. Product Development: Tourism Industry partners can collaborate with the DMO to develop new tourism products and experiences that appeal to visitors. This could involve creating unique tours, packages, or events that showcase the Town's attractions and culture. Advocacy and Support: Industry partners can advocate on behalf of the DMO and the Town's tourism industry, helping to secure funding, attract investment, and address regulatory issues that impact tourism development. FISCAL IMPACT: There is none expected as all activities are forecast to fall within the FY24 and FY25 budget years. SUGGESTED MOTION: I MOVE to approve Resolution No. (R)24-13, a resolution of the Mayor and Council of the Town of Oro Valley, Arizona, designating the Town of Oro Valley as the Official Destination Marketing Organization for the Town of Oro Valley and authorizing the Town Community and Economic Development Director to sign the required Destination Marketing Organization Affidavit; and directing the Town Manager, Town Community and Economic Development Director, Town Clerk, Town Legal Services Director, or their Duly Authorized Officers and Agents, to take all steps necessary to carry out the purposes and intent of the Resolution. Attachments (R)24-13 Destination Marketing Organization Exhibit A DMO Affidavit RESOLUTION NO. (R)24-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING THE TOWN OF ORO VALLEY AS THE OFFICIAL DESTINATION MARKETING ORGANIZATION FOR THE TOWN OF ORO VALLEY AND AUTHORIZING THE TOWN COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR TO SIGN THE REQUIRED DESTINATION MARKETING ORGANIZATION AFFIDAVIT; AND DIRECTING THE TOWN MANAGER, TOWN COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, there are many benefits available to municipalities that have an officially designated Destination Marketing Organization (DMO) recognized by the Arizona Office of Tourism (AOT), including, but not limited to, access to AOT programs to promote tourism; and WHEREAS, AOT recognizes only one DMO per established community and requires that a DMO must be recognized by the Entity (municipal or county leadership) through official action, which also designates a position within the organization that is authorized by the official action to execute the DMO Affidavit on behalf of the Entity; and WHEREAS, the official action may be a resolution, ordinance, contract, or other official action by the Entity (municipality or county); and WHEREAS, it is in the best interests of the Town to officially designate the Town of Oro Valley as the official DMO for the Town of Oro Valley and to authorize the Town Community and Economic Development Director to sign the DMO Affidavit attached hereto as Exhibit “A”. NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Town of Oro Valley is hereby officially designated as the Town of Oro Valley’s Destination Marketing Organization (DMO). SECTION 2. The Town Community and Economic Development Director is hereby authorized to sign the DMO Affidavit attached hereto as Exhibit “A”. SECTION 3. The Town Manager, Town Community and Economic Development Director, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the DMO Affidavit attached hereto as Exhibit “A”, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 17th day of April, 2024. TOWN OF ORO VALLEY, ARIZONA ______________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” Destination Marketing Organization Affidavit Cover Sheet The <DMO NAME>has been designated by the <MUNICIPALITY OR COUNTY NAME>as the official Destination Marketing Organization (DMO)for the purpose of coordinating tourism promotion with the Arizona Office of Tourism (AOT).AOT does not designate local DMOs across the state.The local designation decision lies with a municipality,or county (the “Entity ”),and must conform to the following requirements: 1.AOT recognizes only one DMO per established community and requires that a DMO must be recognized by the Entity (municipal or county leadership)through official action,which also designates a position within the organization that is authorized by the official action to execute the DMO Affidavit on behalf of the Entity. 2.The official action may be a resolution,ordinance,contract,or other official action by the Entity (municipality or county),and the action must be effective until July 1,2024,or an unspecified period of time. 3.Renewal of DMO Affidavits will only be required when a change in the DMO designation occurs or upon request from AOT.Renewal on an annual basis is no longer necessary. 4.A DMO is defined as a not-for-profit organization or governmental unit that is responsible for the tourism promotion and marketing of a destination on a year-round basis. 5.DMOs must have and present to AOT annual proof of 1)a dedicated tourism marketing budget;2)a website/microsite and 3)social media presence. 1 DESIGNATION OF DESTINATION MARKETING ORGANIZATION AFFIDAVIT STATE OF ARIZONA ) )ss. COUNTY OF _______________) I,_____________________________________,being first duly sworn,state as follows: 1.I am a duly authorized representative of ______________________________(the “Entity”),located at the physical address of _____________________________________________,and I may be reached at the following telephone number:_______________. 2.This affidavit attests that the following organization meets the Arizona Office of Tourism requirements and is designated as the DMO for the Entity:_____________________________. 3.The above-listed organization has been designated as the Entity’s DMO,by official action,to wit: ________________________________________,on _______day of ___________,20___. (List official action,such as Resolution,Ordinance,and/or Contract)and date of execution) 4.I am attesting that,per the listed official action,the Entity agrees that such DMO designation will be effective indefinitely or until the Entity amends the designation.AOT can request written verification at any time. I certify that,under the penalty of perjury of the law of the state of Arizona,that the above written statements herein are true and accurate to the best of my knowledge,and that I have authority granted by the Entity to sign this affidavit. _________________________________________________ (Signature) _________________________________________________ (Printed or typed name) _________________________________________________ (Title) SUBSCRIBED AND SWORN to before me,the undersigned notary,this ____day of ___________,20__,by a person demonstrated to me to be _______________________based on _______________________________________________________________________________________. ___________________________________ Notary Public 2