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AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION AND STUDY SESSION
JULY 17, 2019
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
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
COUNCIL REPORTS
TOWN MANAGER'S REPORT
The Mayor and Council may consider and/or take action on the items listed below:
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.Proclamation - Drowning Impact Awareness Month
2.Presentation by the Town of Oro Valley and On Your Left Fitness to the Southern Arizona Veterans and
First Responders Living Memorial LLC
3.Presentation and possible discussion of the Town's Fiscal Year 2018/19 Financial Update
through May 2019
CONSENT AGENDA
(Consideration and/or possible action)
A.Minutes - June 19, 2019
B.Resolution No. (R)19-32, approving an intergovernmental agreement for the continued provision of animal
control services between the Town of Oro Valley and Pima County
C.Resolution No. (R)19-33, authorizing the Town of Oro Valley to enter into an Intergovernmental Grant
Agreement (IGA) with the City of Tucson (COT) for the purposes of coordinating federal financial aid to
obtain three (3) new replacement vehicles using Federal Transit Administration Grant #AZ-2019-002-00
D.Resolution No. (R)19-34, authorizing and approving an intergovernmental agreement between the Town
of Oro Valley and Pima County regarding payment for the incarceration of municipal prisoners
E.Resolution No. (R)19-35, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant
agreement with the City of Tucson, allowing for one (1) officer to be assigned to the Pima County HIDTA
Investigative Task Force (PCHITF)
REGULAR AGENDA
1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A
SERIES 6 (BAR) LIQUOR LICENSE FOR ALL SEASONS OF ORO VALLEY, LOCATED AT 1734 E.
INNOVATION PARK DRIVE
2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A
NEW SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CHARRED PIE WOOD FIRED PIZZA
KITCHEN, LOCATED AT 12125 N. ORACLE ROAD, STE 105
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)
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.
ADJOURNMENT OF THE REGULAR SESSION
STUDY SESSION
CALL TO ORDER
STUDY SESSION AGENDA
1.PRESENTATION BY THE ARIZONA COMMERCE AUTHORITY, SUN CORRIDOR, INC. AND PIMA
COUNTY ECONOMIC DEVELOPMENT STAFF AND POSSIBLE DISCUSSION REGARDING
ECONOMIC DEVELOPMENT ACTIVITIES
ADJOURNMENT
ADJOURNMENT
The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.
POSTED: 7/10/19 at 5:00 p.m. by pp
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. – 5:00p.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.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not
listed as a public hearing are for consideration and action by the Town Council during the course of their
business meeting. Members of the public may be allowed to speak on these topics at the discretion of the
Chair.
If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on
the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the 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 when completing the blue speaker card.
Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested
in addressing.
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. Please organize your speech, you will only be
allowed to address the Council once 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 issue you wish.
5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation.
Town Council Regular/Study Session 1.
Meeting Date:07/17/2019
Proclamation - Drowning Impact Awareness Month
Subject
Proclamation - Drowning Impact Awareness Month
Summary
Attachments
Proclamation
Town Council Regular/Study Session 2.
Meeting Date:07/17/2019
Presentation by the Town of Oro Valley and On Your Left Fitness to the Southern Arizona Veterans and First
Responders Living Memorial LLC
Subject
Presentation by the Town of Oro Valley and On Your Left Fitness to the Southern Arizona Veterans and First
Responders Living Memorial LLC
Summary
Attachments
No file(s) attached.
Town Council Regular/Study Session 3.
Meeting Date:07/17/2019
Requested by: Stacey Lemos Submitted By:Wendy Gomez, Finance
Department:Finance
SUBJECT:
Presentation and possible discussion of the Town's Fiscal Year 2018/19 Financial Update through May
2019
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Attachments
Council Communication - May 2019 Financial Update
Attachment A - General Fund
Attachment B - Highway Fund
Attachment C-1 Community Center Fund
Attachment C-2 Troon Cash Flow
Attachment C-3 Troon F&B
Attachment D - Summary All Funds
Attachment E - Gen Fund Local Sales Tax
Town Council Regular Session
Meeting Date: 07/17/2019
Requested by: Stacey Lemos Submitted By: Wendy Gomez, Finance
Department: Finance
Information
SUBJECT:
Fiscal Year 2018/19 Financial Update through May 2019
RECOMMENDATION:
This item is for information only.
EXECUTIVE SUMMARY:
All funds show a positive outlook and are exceeding expectations for the fiscal year.
In the General Fund (see Attachment A), revenues collected through May totaled $35.9
million or 92.4% of the budget amount of $38.9 million. Year-to-date expenditures through
May totaled $34.5 million or 82.1% of the budget amount of $42.0 million.
In the Highway Fund (see Attachment B), revenues collected through May totaled $3.4
million or 83.2% of the budget amount of $4.1 million. Year-to-date expenditures through
May totaled $2.9 million or 63.0% of the budget amount of $4.6 million.
In the Community Center Fund (see Attachments C-1, C-2 and C-3), revenues collected
through May totaled $6.2 million or 93.4% of the budget amount of $6.7 million. Year-to-
date expenditures through May totaled $5.4 million or 82.1% of the budget amount of $6.6
million.
BACKGROUND OR DETAILED INFORMATION:
GENERAL FUND
Attachment A shows General Fund revenues and expenditures through May, as well as
year-end estimates for each category. The estimated year-end projections in the General
Fund are as follows:
Revenues $39,751,388
Less:
Expenditures ($39,745,389)
Estimated Increase in Fund Balance $ 6,000*
*To note, the FY 18/19 budget for the General Fund included a planned decrease in fund
balance of $3.1 million. This was due to the transfer of General Fund one-time surplus
funds earned in FY 17/18 to the Capital Fund for future capital projects per the Town's
adopted financial policies. Through a combination of positive revenue trends and judicious
budget management by departments, we do not anticipate any use of fund balance for the
current fiscal year.
General Fund Revenues
Local sales tax collections in the General Fund total $18.3 million or 93.9% of the
budget amount of $19.4 million. These revenues are estimated to come in over
budget by about $564,000 or 2.9%, due largely to construction sales tax. Please
see Attachment E for a monthly tracking of General Fund local sales tax
collections, including construction, utility and bed tax collections.
License and permit revenues total $2.1 million or 100.1% of the budget amount of
$2.1 million. These revenues are estimated to come in over budget by about
$224,000 or 10.5%, due largely to residential building permits.
State shared revenues total $10.8 million or 92.2% of the budget amount of $11.7
million. These revenues are estimated to come in over budget by about $77,000 or
0.7%, due primarily to state shared sales tax.
Charges for services revenues total $2.4 million or 98.1% of the budget amount of
$2.4 million. These revenues are estimated to come in over budget by about
$134,000 or 5.6%. This anticipated overage is attributable to farebox revenues,
recreation user fees, plan review fees, and zoning & subdivision fees.
Federal grant revenues total $301,647 or 50.6% of the budget amount of $596,162.
These revenues are estimated to come in under budget by about $222,000 or
37.2%. This is due to previous Counter Narcotics Alliance task force
officers returning to the Town's Police Department operations, as well as capacity
included for grant-funded vehicles, which will roll over into next fiscal year.
Corresponding capital savings for the vehicles are factored into the year-
expenditure estimates for the Police Department.
State grant revenues total $70,251 or 59.1% of the budget amount of $118,800.
These revenues are estimated to come in under budget by about $44,000 or
36.9%, due mainly to budgeted funding for transit van cameras, of which the Town
ended up receiving last fiscal year. The corresponding budgeted expenditure for
the cameras has been removed from the year-end estimates for the Transit
Division in the Public Works Department.
Other intergovernmental revenues total $1.2 million or 66.6% of the budget amount
of $1.8 million. These revenues are estimated to come in under budget by about
$404,000 or 22.4%. Of this amount, $228,000 is attributable to the discontinued
school resource officer contract with Pusch Ridge Christian Academy, as well as
capacity that was included for a potential school resource officer at Leman
Academy. This variance is offset by a corresponding reduction in estimated
personnel expenditures for the Police Department. The remaining amount is
attributable to Transit reimbursements from the IGA with the Regional
Transportation Authority.
Interest income revenues total $405,098 or 270.1% of the budget amount of
$150,000. These revenues are estimated to come in over budget by about
$276,000 or 183.8%, based on estimates provided by the Town’s investment
management firm.
Miscellaneous revenues total $279,631 or 91.2% of the budget amount of
$306,750. These revenues are expected to come in over budget by about $27,000
or 8.9%, due to sale of assets.
Estimated transfers into the General Fund include a $200,000 transfer from the
Highway Fund. Per the FY 19/20 Adopted Budget, some previous Highway Fund
expenditures will be re-allocated to the General Fund. This $200,000 transfer
reflects excess Highway Fund reserves that will be transferred into the General
Fund to be used towards these re-allocated costs.
Please note that the remaining fund balance from the Bed Tax Fund of $617,856 is
reflected in the beginning fund balance for the General Fund.
General Fund Expenditures
General Fund expenditures are estimated to come in under budget by about $2.2
million or 5.3%. Of this amount, about $590,000 is due to estimated personnel
savings and about $988,000 is attributable to estimated operations & maintenance
(O&M) savings. Roughly $260,000 of the O&M savings is due to completion of the
sales tax rebate agreement for the Oro Valley Marketplace, while $125,000 is due
to the rollover of the Tohono Chul Park pavilion funding into next fiscal year. The
remaining amount is attributable to savings in areas such as utilities, fleet
maintenance, elections and outside professional services, as well as overall
judicious and prudent budget management by departments. Capital outlay is
expected to come in under budget by about $109,000. The remainder of
expenditure savings ($550,000) is due to the budgeted transfer to the Highway
Fund, which will not occur in FY 18/19. Please reference the revenue discussion
above regarding transfers and re-allocated Highway Fund costs per the FY 19/20
Adopted Budget.
The General Fund is expected to end the fiscal year with a total fund balance of about
$16.6 million, or 39.5% of budgeted expenditures.
HIGHWAY FUND
Highway Fund Revenues
State shared highway user funds total $3.2 million or 98.5% of the budget amount
of $3.3 million. These revenues are estimated to come in over budget by about
$328,000 or 10.0%, per the League of Arizona Cities and Towns. This is due to a
one-time allocation called for in state statute, as well as partial elimination of the
annual HURF sweep to fund Department of Public Safety operations.
The subsidy transfer from the General Fund will not occur in FY 18/19. This is a
result of the additional HURF funding, as well as the planned re-allocation of
certain Highway Fund costs to the General Fund beginning FY 19/20, referenced in
the General Fund discussion above.
State grant revenues are estimated to come in under budget by about $21,000 or
12.5%. This is due to vacant roadway construction positions that, when filled,
would have been billed to PAG and the RTA for reimbursement. This variance is
offset by a corresponding reduction in personnel expenditures.
License and permit revenues are estimated to come in under budget by $17,000 or
35.9%, based on year to date collections.
Interest income revenues are estimated to come in over budget by about $28,000
or 56.3%, based on estimates provided by the Town’s investment management
firm.
Highway Fund Expenditures
Highway Fund expenditures are estimated to come in under budget by about
$312,000 or 6.8%. The $250,000 Tangerine/1st Avenue Safety CIP project will roll
over into next fiscal year. Savings of about $135,000 are expected on the Sun City
street lights CIP project. Personnel savings are projected at $88,000, while O&M
savings are projected at about $39,000. These amounts are offset by a $200,000
transfer to the General Fund that will take place in FY 18/19. Please reference the
earlier discussions above regarding re-allocated Highway Fund costs for FY 19/20.
The Highway Fund is expected to end the fiscal year with a fund balance of about
$528,000.
COMMUNITY CENTER FUND
Attachment C-1 shows the consolidated financial status of the Community Center Fund
with all revenues and expenditures from Troon and Town-managed operations.
Attachment C-2 shows the monthly line item detail for the Troon-managed operations,
specifically revenues and expenditures associated with the golf, food and
beverage operations. The totals in the revenue and expenditure categories in Attachment
C-2 tie to the Contracted Operating Revenues and Expenditures in Attachment C-1.
Attachment C-3 shows the revenues and expenditures for the Troon-managed food and
beverage operations only.
Community Center Fund Revenues
Revenues in the Community Center Fund total $6.2 million or 93.4% of the budget
amount of $6.7 million. Contracted operating revenues from Troon total $3.0 million
and Town operating revenues total $909,699. Local sales tax revenues from the
dedicated half-cent sales tax total $2.3 million or 94.5% of the budget amount of
$2.4 million.
Local sales tax revenues are estimated to come in over budget by about $54,000
or 2.3%, due primarily to restaurant/bar collections.
Town operating revenues are estimated to come in under budget by about
$135,000 or 11.8%. This is due to tennis revenues, which were budgeted as
recreation program revenues pending final contract outcome. These revenues
instead post as monthly rental payments to the Town. Please reference the
offsetting savings in the expenditure discussion below.
Contracted operating revenues from Troon are estimated to come in over budget
by about $103,000 or 3.3%, due to golf revenues.
Community Center Fund Expenditures
Expenditures in the Community Center Fund total $5.4 million or 82.1% of the
budget amount of $6.6 million, and are estimated to come in under budget by
roughly $315,000. This variance is largely due to contract payments that were
budgeted for tennis operations. As mentioned in the revenue discussion above,
tennis operations are instead accounted for as monthly rental payments to the
Town. The remaining expenditure variance is due to estimated personnel savings
and contracted expenditure savings. The construction of two new pickleball courts
at the Community Center is factored into the year-end estimate for capital outlay.
The Community Center Fund is projected to end the fiscal year with a fund balance of
approximately $354,000.
All revenue and expenditure estimates are subject to change.
Please see Attachments A and B for additional details on the General Fund and Highway
Fund. See Attachments C-1, C-2 and C-3 for additional details on the Community Center
Fund. See Attachment D for a fiscal year-to-date consolidated summary of all Town
Funds. See Attachment E for a breakdown of monthly local sales tax collections for the
General Fund.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This item is for information only.
ATTACHMENT A
May YTD Financial Status
General Fund
% Budget Completion through May --- 91.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
LOCAL SALES TAX 18,256,291 19,437,418 93.9% 20,001,229 2.9%
LICENSES & PERMITS 2,138,130 2,136,096 100.1% 2,360,432 10.5%
FEDERAL GRANTS 301,647 596,162 50.6% 374,621 -37.2%
STATE GRANTS 70,251 118,800 59.1% 75,000 -36.9%
STATE/COUNTY SHARED 10,790,889 11,708,575 92.2% 11,785,779 0.7%
OTHER INTERGOVERNMENTAL 1,203,028 1,805,900 66.6% 1,401,639 -22.4%
CHARGES FOR SERVICES 2,362,968 2,408,862 98.1% 2,543,113 5.6%
FINES 124,486 120,000 103.7% 130,000 8.3%
INTEREST INCOME 405,098 150,000 270.1% 425,643 183.8%
MISCELLANEOUS 279,631 306,750 91.2% 333,933 8.9%
TRANSFERS IN (A) - 120,000 0.0%320,000 166.7%
TOTAL REVENUES 35,932,418 38,908,563 92.4% 39,751,388 2.2%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
ADMINISTRATIVE SERVICES 3,742,800 4,450,555 84.1% 4,298,922 -3.4%
CLERK 341,717 444,559 76.9% 387,400 -12.9%
COMMUNITY & ECON. DEV. 2,371,620 2,869,324 82.7% 2,673,372 -6.8%
COUNCIL 178,565 210,494 84.8% 198,819 -5.5%
GENERAL ADMINISTRATION 2,141,097 2,696,700 79.4% 2,313,782 -14.2%
LEGAL 724,234 793,567 91.3% 798,567 0.6%
MAGISTRATE COURT 761,041 884,385 86.1% 855,820 -3.2%
MANAGER 1,075,074 1,251,370 85.9% 1,232,453 -1.5%
PARKS & RECREATION 2,919,316 3,606,586 80.9% 3,456,058 -4.2%
POLICE 14,410,438 16,557,555 87.0% 16,110,480 -2.7%
PUBLIC WORKS 2,778,672 3,518,946 79.0% 3,269,202 -7.1%
TRANSFERS OUT 3,010,912 4,700,514 64.1%4,150,514 -11.7%
TOTAL EXPENDITURES 34,455,488 41,984,555 82.1% 39,745,389 -5.3%
SURPLUS / (DEFICIT) 1,476,931 (3,075,992) 6,000
BEGINNING FUND BALANCE (B)16,589,312
Plus: Surplus / (Deficit)6,000
ENDING FUND BALANCE **16,595,312
(A) Year-end estimate includes $200,000 from the Highway Fund per the FY 19/20 Adopted Budget as part of
a Highway Fund reorganization aimed at streamlining the tracking of HURF tax expenditures
(B) Includes remaining fund balance from the Bed Tax Fund in the amount of $617,856
and remaining fund balance from the Impound Fee Fund of $3,814
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2018/2019
Year End
Estimate *
Budget Year End
Estimate *
Actuals
thru 5/2019
Actuals
thru 5/2019
Budget
F:\BUDGET ANALYST\Financial Reports 2018-2019\4Q\May\May FY 19 Monthly Report 7/3/2019
ATTACHMENT B
May YTD Financial Status FY 2018/2019
% Budget Completion through May --- 91.7%
Actuals
thru 5/2019 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
REVENUES:
LICENSES & PERMITS 28,987 48,700 59.5% 31,213 -35.9%
STATE GRANTS 66,966 165,000 40.6% 144,334 -12.5%
STATE/COUNTY SHARED 3,242,179 3,291,659 98.5% 3,620,156 10.0%
INTEREST INCOME 74,429 50,000 148.9% 78,163 56.3%
MISCELLANEOUS 7,020 3,000 234.0% 7,115 137.2%
TRANSFERS IN - 550,000 0.0%- -100.0%
TOTAL REVENUES 3,419,580 4,108,359 83.2% 3,880,981 -5.5%
Actuals
thru 5/2019 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
EXPENDITURES:
ADMINISTRATION 416,469 478,693 87.0% 460,796 -3.7%
TRANSPORTATION ENGINEERING 1,572,177 3,134,882 50.2% 2,640,500 -15.8%
STREET MAINTENANCE 926,695 1,012,461 91.5% 1,012,461 0.0%
TRANSFERS OUT (A) - - 0.0%200,000 0.0%
TOTAL EXPENDITURES 2,915,341 4,626,036 63.0% 4,313,757 -6.8%
SURPLUS / (DEFICIT) 504,239 (517,677) (432,775)
BEGINNING FUND BALANCE 960,719
Plus: Surplus / (Deficit) (432,775)
ENDING FUND BALANCE ** 527,943
(A) Year-end estimate reflects a transfer to the General Fund per the FY 19/20 Adopted Budget as part of
a Highway Fund reorganization aimed at streamlining the tracking of HURF tax revenues
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
Highway Fund
F:\BUDGET ANALYST\Financial Reports 2018-2019\4Q\May\May FY 19 Monthly Report 7/3/2019
ATTACHMENT C-1
May YTD Financial Status
% Budget Completion through May --- 91.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
CONTRACTED OPERATING REVENUES
Golf Revenues 1,458,674 1,272,523 114.6% 1,513,476 18.9%
Member Dues (Golf) 693,142 868,848 79.8% 759,641 -12.6%
Tennis Revenues 77,964 - 0.0% 77,964 0.0%
Food & Beverage 623,818 755,148 82.6% 670,294 -11.2%
Merchandise & Other 184,436 217,168 84.9%194,836 -10.3%
3,038,034 3,113,687 97.6% 3,216,211 3.3%
TOWN OPERATING REVENUES
Daily Drop-Ins 28,421 25,000 113.7% 30,133 20.5%
Member Dues 650,672 695,000 93.6% 702,285 1.0%
Recreation Programs 170,065 360,750 47.1% 195,568 -45.8%
Swim Team/Swim Lessons 4,271 21,000 20.3% 15,531 -26.0%
Facility Rental Income 56,098 37,400 150.0% 61,155 63.5%
Concession Sales 172 250 68.8%174 -30.4%
909,699 1,139,400 79.8% 1,004,846 -11.8%
OTHER REVENUES
Local Sales Tax 2,252,826 2,384,558 94.5% 2,438,278 2.3%
Real Property Rental Income 19,502 19,502 100.0% 19,502 0.0%
Miscellaneous (125) - 0.0%(125) 0.0%
2,272,203 2,404,060 94.5% 2,457,655 2.2%
TOTAL REVENUES 6,219,936 6,657,147 93.4% 6,678,712 0.3%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
CONTRACTED OPERATING EXPENDITURES
Personnel 1,919,574 2,020,319 95.0% 2,084,265 3.2%
Operations & Maintenance 2,180,148 2,579,027 84.5% 2,410,848 -6.5%
Equipment Leases 359,609 407,936 88.2%395,386 -3.1%
4,459,331 5,007,282 89.1% 4,890,499 -2.3%
TOWN OPERATING EXPENDITURES
Personnel 576,026 769,329 74.9% 737,130 -4.2%
Operations & Maintenance 205,785 486,590 42.3%263,900 -45.8%
781,811 1,255,919 62.3% 1,001,030 -20.3%
CAPITAL OUTLAY 17,090 50,950 33.5% 107,316 110.6%
TRANSFERS OUT 133,999 253,999 52.8% 253,999 0.0%
TOTAL EXPENDITURES 5,392,230 6,568,150 82.1% 6,252,844 -4.8%
SURPLUS / (DEFICIT) 827,705 88,997 425,869
BEGINNING FUND BALANCE (71,563)
Plus: Surplus / (Deficit)425,869
ENDING FUND BALANCE **354,306
* Year-end estimates are subject to further revision
** Ending fund balance amounts are estimates and are subject to further revision
FY 2018/2019
Actuals
thru 5/2019 Budget Year End
Estimate *
Community Center Fund
Actuals
thru 5/2019 Budget Year End
Estimate *
F:\BUDGET ANALYST\Financial Reports 2018-2019\4Q\May\May FY 19 Monthly Report 7/3/2019
ATTACHMENT C-2TROONEl Conquistador Cash Flow StatementActualActualActualActualActualActualActualActualActualActualActualActual Original Budget ForecastJul-18Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19Apr-19 May-19TOTALTOTALTOTALRevenues:Golf Fees, net of discounts37,622 40,532 77,218 58,993 102,521 97,280 150,439 156,681 234,886 153,927 90,551 1,200,650 969,832 1,233,922 Trail Fees & Member Cart Fees15,036 15,102 15,183 14,556 18,163 16,304 16,619 16,455 17,985 18,351 16,376 180,130 225,160 198,860 Golf - Group Services- 136 783 - 440 - 33 614 883 626 367 3,882 1,733 3,982 Range, Rentals, Other Golf related5,052 5,162 4,466 4,730 4,773 4,402 6,114 5,490 8,326 6,385 5,155 60,055 61,650 62,455 Golf Lessons 330 780 300 110 70 632 640 620 1,447 495 911 6,335 6,748 6,635 Income - Golf Schools 1,210 - 900 485 325 450 900 770 1,237 1,345 - 7,622 7,400 7,622 Total Member Dues 55,466 52,613 53,302 62,707 60,880 67,454 64,040 68,187 68,836 70,475 69,182 693,142 868,848 759,641 Other Member Income 7 44 87 181 185 10 82 (65) 25 171 274 1,001 - 1,001 Swim/Tennis Revenues 26,291 21,188 30,485 - - - - - - - - 77,964 - 77,964 Income - Other (non - golf)159 97 14,636 132 241 - 1,454 - 1,490 2,402 265 20,876 2,000 20,876 Merchandise, net of discounts 8,895 8,175 11,631 11,204 16,003 27,828 11,981 15,618 21,039 18,335 11,850 162,559 215,168 172,959 Food and Beverage, net of discounts 39,360 30,419 55,075 51,114 51,993 65,094 54,634 55,996 85,563 75,473 59,097 623,818 755,148 670,294 Total Revenues 189,428 174,248 264,066 204,212 255,594 279,454 306,936 320,366 441,717 347,985 254,028 3,038,034 3,113,687 3,216,211 Cost of Sales:COS - Group Services Golf- 135 701 - 440 - - 614 883 - 330 3,103 1,733 3,203 COS - Golf Lessons 264 221 240 112 (32) 507 521 575 2,192 170 911 5,681 5,398 5,921 COS - Golf Schools 1,465 (1) - 340 260 - - 539 551 - - 3,154 5,250 3,154 COS - Service Commissions 17,056 16,375 18,503 88 - - - - - - - 52,022 - 52,022 COS - Merchandise, net of discounts 6,521 6,405 8,586 20,858 10,601 19,143 6,819 10,760 14,827 11,615 9,509 125,644 130,874 131,884 COS - Food & Beverage 14,025 15,500 19,287 18,773 20,067 22,651 19,919 21,184 28,319 27,254 21,385 228,364 275,730 245,157 Total Cost of Sales 39,331 38,635 47,317 40,171 31,336 42,301 27,259 33,672 46,772 39,039 32,135 417,968 418,985 441,341 Gross Profit 150,097 135,613 216,749 164,041 224,258 237,153 279,677 286,694 394,945 308,946 221,893 2,620,066 2,694,702 2,774,870 Operating Expenses:Payroll 138,348 139,002 140,513 142,037 140,745 128,560 143,539 124,090 149,610 137,297 137,769 1,521,510 1,620,967 1,653,050 Employee Benefits 33,784 31,309 32,117 34,437 30,015 31,578 34,484 32,530 33,753 31,683 31,501 357,191 374,952 388,622 Employee Related 2,902 3,234 4,674 2,481 3,792 2,344 2,293 2,306 6,118 4,075 6,654 40,873 24,400 42,593 Advertising & Marketing9,562 10,833 10,540 7,602 10,286 14,943 13,589 12,809 11,268 7,467 9,646 118,545 119,052 128,060 Repair & Maintenance 25,989 28,983 78,387 68,726 14,503 24,509 16,796 17,226 24,829 22,074 27,973 349,995 402,854 374,563 Operating Expenses 16,637 15,193 22,511 22,666 20,514 19,358 17,878 25,061 28,283 31,686 26,846 246,633 235,082 264,204 Total Operating Expenses 227,222 228,554 288,742 277,949 219,855 221,292 228,579 214,022 253,861 234,282 240,389 2,634,747 2,777,307 2,851,092 Operating Profit(77,125) (92,941) (71,993) (113,908) 4,403 15,861 51,098 72,672 141,084 74,664 (18,496) (14,681) (82,605) (76,222) Leases - Carts 9,282 9,282 9,282 13,041 13,041 13,041 13,041 16,660 13,041 16,465 16,302 142,474 156,368 158,974 Leases - Equipment22,670 20,975 19,277 19,277 19,277 19,277 19,277 19,277 19,277 19,277 19,277 217,135 251,568 236,412 Utilities 109,701 102,537 124,226 120,681 79,563 46,787 33,247 38,650 68,015 114,312 89,853 927,572 1,257,525 1,073,144 Fixed Operating Expenses 141,653 132,793 152,784 152,998 111,880 79,104 65,564 74,587 100,332 150,053 125,431 1,287,181 1,665,461 1,468,530 Gross Operating Profit(218,778) (225,734) (224,777) (266,906) (107,477) (63,243) (14,466) (1,915) 40,752 (75,389) (143,927) (1,301,862) (1,748,066) (1,544,752) Insurance 98 98 98 98 98 98 101 101 101 101 101 1,093 1,194 1,194 Fees, Permits & Licenses 100 510 54 17 11 76 (35) (13) 76 (9) (2) 785 335 785 Base Management Fees 12,000 12,000 12,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 116,000 144,000 126,000 Bad Debt375 - - - 1,013 (220) 431 86 165 (261) (32) 1,557 - 1,557 Total Other Expenses 12,573 12,608 12,152 10,115 11,122 9,954 10,497 10,174 10,342 9,831 10,067 119,435 145,529 129,536 Net Operating Income (Loss)(231,351) (238,342) (236,929) (277,021) (118,599) (73,197) (24,963) (12,089) 30,410 (85,220) (153,994) (1,421,297) (1,893,595) (1,674,288) 7/3/2019
ATTACHMENT C-3
ACTUAL BUDGET ACTUAL BUDGET
MONTH MONTH Y-T-D Y-T-D
FOOD & BEVERAGE REVENUE 59,097 56,995 623,526 708,673
TOTAL REVENUES 59,097 56,995 623,526 708,673
COST OF SALES 21,385 19,844 228,365 258,937
PAYROLL & BENEFITS 38,752 39,250 413,351 442,548
OPERATING EXPENSES 8,305 4,650 80,835 72,648
NET INCOME (LOSS) (9,345) (6,749) (99,025) (65,460)
EL CONQUISTADOR
INCOME STATEMENT CONSOLIDATED - RESTAURANT/GRILLE - MAY 2019
7/3/2019
ATTACHMENT DConsolidated Year-to-Date Financial Report through May, 2019 FY 2018/2019FY 18/19 Capital Leases/Left in AccountsBegin Bal. Transfer OutThru May 2019General Fund - Unassigned 15,147,450 35,932,418 35,932,418 3,010,912 23,672,238 7,322,677 449,661 34,455,488 16,624,380 General Fund - Assigned 1,441,862 - 1,441,862 Highway Fund - Committed 960,719 3,419,580 3,419,580 2,041,586 610,607 263,149 2,915,341 1,464,958 Seizure & Forfeiture - Justice/State 402,290 61,027 61,027 56,477 133,126 61,371 250,975 212,343 Community Center Fund (71,563) 6,219,936 6,219,936 493,608 576,026 4,305,507 17,090 5,392,230 756,142 Municipal Debt Service Fund 88,735 192,578 881,094 1,073,672 9,860 1,028,672 1,038,532 123,875 Oracle Road Debt Service Fund 7,477 170,378 170,378 1,800 174,313 176,113 1,742 Alternative Water Resources Dev Impact Fee Fund 7,878,052 1,323,969 1,323,969 151,811 218,802 370,613 8,831,408 Potable Water System Dev Impact Fee Fund 6,013,007 713,813 713,813 6,952 759,100 298,970 1,065,022 5,661,799 Townwide Roadway Development Impact Fee Fund 2,296,534 687,591 687,591 3,317 62,535 65,852 2,918,272 Parks & Recreation Impact Fee Fund 272,087 233,733 233,733 3,317 3,317 502,502 Police Impact Fee Fund 653,982 89,935 89,935 3,317 3,317 740,600 General Government Impact Fee Fund 3,555 38 38 - 3,593 Capital Fund 3,323,727 959,261 4,301,398 5,260,659 35,000 5,639,619 5,674,619 2,909,766 PAG/RTA Fund 695,684 1,253,568 1,253,568 2,307,776 2,307,776 (358,524) Water Utility9,680,488 14,154,458 2,395,000 16,549,458 2,581 2,918,575 5,974,807 1,756,189 4,891,080 15,543,232 10,686,714 Stormwater Utility759,242 1,317,244 1,317,244 621,329 295,396 49,307 966,032 1,110,454 Benefit Self Insurance Fund 736,508 3,278,080 3,278,080 3,142,792 3,142,792 871,796 Recreation In-Lieu Fee Fund 15,718 - - 15,718 Energy Efficiency Project Fund 86 - - 86 Total 50,305,639 70,007,607 7,577,492 77,585,099 3,507,101 29,886,231 22,000,285 11,584,599 - 6,393,035 73,371,250 54,519,488 Total OutPersonnel O&M Capital ContingencyFund RevenueOther Fin Sources/TfrsTotal InDebt ServiceF:\BUDGET ANALYST\Financial Reports 2018-2019\4Q\May\Attachment D - Summary All Funds7/3/2019
ATTACHMENT EGeneral Fund Local Sales Tax Collections FY 2018/19CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 432,755 355,783 480,092 457,613 380,468 341,104 698,951 390,588 412,233 437,627 513,242 4,900,456 Utility Sales Tax 284,416 315,680 310,763 300,228 246,348 206,155 226,228 269,639 237,684 206,253 193,245 2,796,639 Retail Sales Tax 521,613 511,157 528,681 526,398 543,458 656,373 786,532 547,247 509,518 636,067 598,384 6,365,427 Bed Tax 79,334 80,404 80,545 69,997 101,224 158,327 86,952 131,451 200,165 219,171 167,742 1,375,312 All Other Local Sales Tax *198,583 200,462 187,826 206,134 234,808 245,773 221,263 273,974 299,266 326,011 282,214 2,676,316 TOTAL 1,516,701$ 1,463,486$ 1,587,907$ 1,560,370$ 1,506,306$ 1,607,732$ 2,019,926$ 1,612,899$ 1,658,866$ 1,825,129$ 1,754,827$ 18,114,150$ FY 2017/18CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 547,514 469,050 456,125 443,115 664,593 459,268 439,368 384,045 282,895 451,750 441,960 513,767 5,553,450 Utility Sales Tax 202,208 429,402 290,283 310,764 256,734 231,300 227,032 242,373 218,602 207,317 203,785 230,245 3,050,045 Retail Sales Tax 541,876 478,942 481,677 505,094 502,326 629,823 801,494 557,783 521,796 624,106 551,219 535,133 6,731,269 All Other Local Sales Tax *202,678 219,584 186,445 184,144 200,359 198,807 210,620 267,704 257,943 282,817 242,283 240,054 2,693,437 TOTAL 1,494,276$ 1,596,978$ 1,414,530$ 1,443,117$ 1,624,012$ 1,519,198$ 1,678,514$ 1,451,905$ 1,281,236$ 1,565,990$ 1,439,247$ 1,519,199$ 18,028,201$ * Note: Does not include cable franchise fees or sales tax audit revenuesF:\BUDGET ANALYST\Financial Reports 2018-2019\4Q\May\Attachment E - Gen Fund Local Sales Tax7/3/2019
Town Council Regular/Study Session A.
Meeting Date:07/17/2019
Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
Minutes - June 19, 2019
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 June 19, 2019 minutes.
Attachments
6-19-19 Draft Minutes
6/19/19 Minutes, Town Council Regular Session 1
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
June 19, 2019
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Winfield called the meeting to order at 6:01 p.m.
ROLL CALL
PRESENT: Joseph C. Winfield, Mayor
Melanie Barrett, Vice Mayor
Joyce Jones-Ivey, Councilmember
Josh Nicolson, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember (attended via phone)
Steve Solomon, Councilmember (attended via phone)
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.
COUNCIL REPORTS
No Council reports were received.
TOWN MANAGER’S REPORT
No Town Manager's reports were received .
ORDER OF BUSINESS
6/19/19 Minutes, Town Council Regular Session 2
Mayor Winfiled reviewed the order of business and stated that the order would stand as
posted.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
No comments were received.
PRESENTATIONS
1. Presentation and possible discussion of the Town’s Fiscal Year 2018/19 Financial
Update through April 2019
Administrative Services Director/CFO Stacey Lemos presented item #1 and included
the following:
- General Fund
- General Fund Highlights
- Highway Fund
- Highway Fund Highlights
- Community Center Fund
- Community Center Fund Highlights
- Questions
Discussion ensued amongst Council and staff regarding item #1.
CONSENT AGENDA
A. Minutes - June 5 and June 10, 2019
B. Resolution No. (R)19-26, authorizing and approving an Intergovernmental
Agreement (IGA) between the Town of Oro Valley and Pima County for
biotechnology development collaboration for Oro Valley Innovation Labs (OVIL)
funding and transition to a University of Arizona Center for Innovation
C. Resolution No. (R)19-27, designating Stacey Lemos as Chief Fiscal Officer,
authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to
the Auditor General
D. Resolution No. (R)19-31, approving a financial participation agreement between
the Town of Oro Valley and the Children's Museum Oro Valley
6/19/19 Minutes, Town Council Regular Session 3
MOTION: A motion was made by Councilmember Piña and seconded by Vice Mayor
Barrett to approve Consent Agenda items (A - D).
MOTION carried, 7-0.
REGULAR AGENDA
1. RESOLUTION NO. (R)19-30, DISCUSSION AND POSSIBLE ACTION TO
DIRECT THE TOWN MANAGER OR HER DESIGNEE TO NEGOTIATE AN
AGREEMENT WITH TUCSON ELECTRIC POWER TO INSTALL SOLAR
SHADE STRUCTURES IN THE NARANJA PARK PARKING LOT
Assistant Town Manager Chris Cornelison provided a brief overview of item #1
and introduced Tucson Electric Power (TEP) External Affairs Representative Camila
Martins-Bekat and Justin Orkney, TEP Program Manager.
Ms. Martins-Bekat and Mr. Orkney presente d item #1 and included the following:
- Naranja Park Solar Carport
- Project Interest
- Project Framework
- Naranja Park
- Timeline - 2019
Discussion ensued amongst Council, staff and representatives from TEP regarding item
#1.
MOTION: A motion was made by Councilmember Piña and seconded by
Councilmember Nicolson to approve Resolution No. (R)19 -30, directing the Town
Manager or her designee to negotiate an agreement with Tucson Electric Power for use
of the Town's Naranja Park property with the intentio n of installing solar shade
structures within the parking lot.
MOTION carried, 7-0.
2. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN
APPLICATION FOR A NEW SERIES 12 (RESTAURANT) LIQUOR LICENSE
FOR STREET TACO & BEER, LOCATED AT 1078 5 N. ORACLE ROAD, STE
#135
Town Clerk Mike Standish presented item #2.
Mayor Winfield opened the public hearing.
No comments were received.
6/19/19 Minutes, Town Council Regular Session 4
Mayor Winfield closed the public hearing.
MOTION: A motion was made by Vice Mayor Barrett and seconded by Councilmember
Jones-Ivey to recommend approval of the issuance of a Series 12 Liquor License to the
Arizona Department of Liquor Licenses and Control for Kevin Arnold Kramber for Street
Taco & Beer, located at 10785 N. Oracle Road, Ste #135.
MOTION carried, 7-0.
3. RESOLUTION NO. (R)19-28, DISCUSSION AND POSSIBLE ACTION
REGARDING ADOPTING THE PUBLIC SAFE TY PERSONNEL RETIREMENT
SYSTEM (PSPRS) PENSION FUNDING POLICY AND ACCEPTING THE
TOWN’S SHARE OF ASSETS AND LIABILITIES UNDER THE PSPRS
ACTUARIAL VALUATION REPORT
Administration Services Director/CFO Stacey Lemos presented item #3 and included
the following:
- Purpose and Content of Policy
- Pension Funding Policy
- Pension Funding Policy Recommendation
Discussion ensued amongst Council and staff regarding item #3.
MOTION: A motion was made by Vice Mayor Barrett and seconded by Councilmember
Nicolson to approve Resolution No. (R)19 -28, adopting the Public Safety Personnel
Retirement System (PSPRS) Pension Funding Policy and accepting the Town's share
of assets and liabilities under the PSPRS actuarial valuation report.
AMENDMENT TO THE MOTION: Councilmember Jones-Ivey MOVED to AMEND
Resolution No. (R)19-28 by deleting the last bullet point on page three of the proposed
policy and replace it with the following language: Budget an additional annual payment
toward the unfunded liability debt as part of the annual budget process, on top of the
employer contribution, based on funding availability. For FY 19/20, this shall include a
lump sum of $500,000 for PSPRS.
AMENDMENT TO THE MOTION accepted by Vice Mayor Barrett and Councilmember
Nicolson.
Discussion continued amongst Council and staff regarding item #3.
AMENDED MOTION carried, 7-0.
6/19/19 Minutes, Town Council Regular Session 5
4. RESOLUTION NO. (R)19-29, DISCUSSION AND POSSIBLE ACTION TO
AUTH ORIZE AND APPROVE THE DEDICATION OF THE NEW POLICE
SUBSTATION AND EVIDENCE FACILITY, LOCATED AT 500 W. MAGEE
ROAD, TO ORO VALLEY CHIEF OF POLICE, DANIEL G. SHARP
Town Manager Mary Jacobs gave a brief overview of item #4.
Discussion ensued amongst Council and staff regarding item #4.
Council expressed their appreciation to Chief Sharp for his many years of service and
thanked him for his leadership.
MOTION: A motion was made by Councilmember Piña and seconded by
Councilmember Jones-Ivey to approve Resolution No. (R)19 -29, approving the
dedication of the new police substation and evidence facility located at 500 W. Magee
Road to Oro Valley Chief of Police, Daniel G. Sharp.
MOTION carried, 7-0.
FUTURE AGENDA ITEMS
Councilmember Solomon announced that the Town Council would be holding a Special
Session on July 24, 2019 at 6:00 PM at the Oro Valley Church of the Nazarene to
discuss the Community Center and Town owned golf courses.
CALL TO AUDIENCE
No comments were received.
ADJOURNMENT
MOTION: A motion was made by Vice Mayor Barrett and seconded by Councilmember
Jones-Ivey to adjourn the meeting at 7:38 p.m.
MOTION carried, 7-0.
___________________________
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
6/19/19 Minutes, Town Council Regular Session 6
19th day of June, 2019. I further certify that the meeting was duly called and held and
that a quorum was present.
Dated this _____ day of ____________________, 2019.
___________________________
Michael Standish, CMC
Town Clerk
Town Council Regular/Study Session B.
Meeting Date:07/17/2019
Requested by: Amanda Jacobs Submitted By:Amanda Jacobs, Town Manager's
Office
Department:Town Manager's Office
SUBJECT:
Resolution No. (R)19-32, approving an intergovernmental agreement for the continued provision of animal control
services between the Town of Oro Valley and Pima County
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The current intergovernmental agreement (IGA) for the provision of animal control services (Attachment 2) between
the Town of Oro Valley and Pima County ends June 30, 2019. The proposed animal control services agreement
(Attachment 3) shall become effective July 1, 2019 - June 30, 2022, and contains the option for an extension.
BACKGROUND OR DETAILED INFORMATION:
Approval of the IGA (Attachment 3) will authorize the continued provision of animal control services (Attachment 2
is the current IGA) in Oro Valley by Pima County relating to licensing, enforcement of leash law ordinances, biting
dog ordinances, animal cruelty ordinances and the provision of impoundment and sheltering of strays.
FISCAL IMPACT:
The Town will reimburse the County approximately $136,605 under the terms of this contract renewal. Part of this
cost is covered by animal license, adoption and other fees that are credited to Oro Valley averaging approximately
$95,000 - $100,000 per year. These amounts have been included in the FY 2019/20 adopted budget.
SUGGESTED MOTION:
I MOVE to APPROVE Resolution No. (R)19-32, approving an intergovernmental agreement for the continued
provision of animal control services between the Town of Oro Valley and Pima County.
or
I MOVE.....
Attachments
(R)19-32 PACC Resolution
FY19-20 PACC IGA
2018 PACC IGA
C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@FC255ED1 \@BCL@FC255ED1.doc Town of Oro Valley Attorney’s Office/ca/041712
RESOLUTION NO. (R)19-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
ORO VALLEY AND PIMA COUNTY FOR ANIMAL CONTROL
SERVICES; AND DIRECTING THE TOWN M ANAGER, 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, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or
renew agreements for joint and cooperative action with other public agencies; and
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240(B)(12); and
WHEREAS, on June 6, 2018, the Mayor and Council approved Resolution No. (R) 18-23,
authorizing an Intergovernmental Agreement (“IGA”) between the Town and Pima County
Animal Control Services for a one year period which terminates on June 30, 2019; and
WHEREAS, the Town and Pima County desire to enter the new IGA to renew the IGA for an
additional three (3) years, beginning July 1, 2019 and ending on June 30, 2022; and
WHEREAS, it is in the best interest of the Town of Oro Valley approve the IGA between the
Town and Pima County in order to continue providing enforcement of leash law ordinances,
biting dog ordinances, animal cruelty ordinances and to provide for the impoundment and
sheltering of stray animals within the Town’s boundaries.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona that:
SECTION 1. The Intergovernmental Agreement between the Town of Oro Valley and Pima
County, attached hereto as Exhibit “A”, for animal control services is hereby
authorized and approved.
SECTION 2. The Mayor, Chief of Police and other administrative officials are hereby
authorized to take such steps as necessary to execute and implement the terms of
the Amendment.
SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, o r 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.
C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@FC255ED1 \@BCL@FC255ED1.doc Town of Oro Valley Attorney’s Office/ca/041712
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
17th day of July, 2019.
TOWN OF ORO VALLEY
____________________________________
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________________
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
_____________________________ ____________________________________
Date Date
C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@FC255ED1 \@BCL@FC255ED1.doc Town of Oro Valley Attorney’s Office/ca/041712
Exhibit “A”
.
IGA Pima County and Oro Valley for PACC Services
Page 1 of 10
INTERGOVERNMENTAL AGREEMENT
BETWEEN
PIMA COUNTY AND THE TOWN OF ORO VALLEY
FOR ANIMAL CARE AND ENFORCEMENT SERVICES
This Intergovernmental Agreement (hereinafter "Agreement") is entered into pursuant to A.R.S. §
11-952 by and between the Town of Oro Valley (hereinafter “the Town”), a body politic and
corporate of the State of Arizona, and Pima County (hereinafter “the County”), a political
subdivision of the State of Arizona.
RECITALS
WHEREAS, the Town desires to enter into an agreement with the County for the provision of
animal control services within the geographical jurisdiction of the Town relating to enforcement
of the Oro Valley Town Code Chapter 18 Animal Control Code (hereinafter Town Animal Control
Ordinances), as amended from time to time, and having to do with rabies vaccination and dog
licensing requirements, dog license fees, leash laws, sheltering and humane care of surrendered
and stray animals, animal cruelty and neglect, dangerous animals, diseased animals, biting animals,
animal waste, and excessive noise; and
WHEREAS, pursuant to A.R.S. § 11-1013, the County operates the Pima Animal Care Center for
the intake and sheltering of stray and surrendered animals; and
WHEREAS, the County has the experience and expertise to enforce Town Animal Control
Ordinances, and is engaged in certain activities relating to vaccination and licensing activities,
rabies control, stray and surrendered animal intake; and
WHEREAS, the Town and the County may contract for services and enter into agreements with
one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq.
NOW, THEREFORE, the Town of Oro Valley and the County, pursuant to the above and in
consideration of the matters and things set forth herein, do mutually agree as follows:
AGREEMENT
1.0 Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for
the provision of animal control services within the geographical jurisdiction of the Town
relating to enforcement of the Town Animal Control Ordinances, as amended from time to
time, and having to do with rabies vaccination and dog licensing requirements, dog license
fees, leash laws, sheltering and humane care of surrendered and stray animals, animal cruelty
and neglect, dangerous animals, diseased animals, biting animals, animal waste, and
excessive noise.
2.0 Term/Effective Date. This Agreement is effective for three (3) years from July 1, 2019
through June 30, 2022. The Parties shall have the option to extend this Agreement for up to
IGA Pima County and Oro Valley for PACC Services Page 2 of 10
one (1) additional two (2) year period or any portion thereof. Any modification, termination,
or extension shall be made by formal written amendment executed by the Parties.
3.0 Scope of Services.
3.1 The County Enforcement Agent, herein before designated by the Pima County Board
of Supervisors to be Pima Animal Care Center (PACC), and all employees thereunder,
shall be referred to as “Town Enforcement Agents” for the purpose of this Agreement.
The Town Enforcement Agents shall, but are not limited to:
3.1.1 Administer and enforce the provisions of the Town Animal Control Ordinances
and State and County law, and all services related thereunder, including
amendments to said laws as may be passed from time to time.
3.1.2 Pursuant to this Agreement, be granted limited police powers necessary from
time to time to carry out duties imposed by this Agreement, together with any
and all such further powers as may be necessary for such agents to engage in
vaccination, licensing, seizure of stray, dangerous, neglected, diseased or
abused animals, and other activities arising from their duties as Town
Enforcement Agents.
3.1.3 Collect such fees as may be rendered applicable by the Town Animal Control
Ordinances. All fees collected by the Town Enforcement Agents as a result of
this Agreement shall be retained by Town.
3.2 The Oro Valley Town Attorney shall prosecute and the Oro Valley Magistrate Court
shall handle criminal and civil matters arising out of the enforcement of the Town
Animal Control Ordinances pursuant to this Agreement. All fines collected by the
Court as a result of enforcement of the Town Animal Control Ordinances shall be
retained by Town.
3.3 Field Enforcement Within Jurisdiction
3.3.1 Complete field services shall be provided from 6:00 a.m. to 9:00 p.m. by two
full shifts of Animal Care Officers operating seven days per week, holidays
included. Emergency enforcement response services will be provided by a
minimum of one Animal Care Officer from 9:00 p.m. to 6:00 a.m. daily,
holidays included.
3.3.2 The County shall provide staffing levels, administrative support, materials,
supplies, and equipment sufficient to ensure the provision of animal control
services in the Town.
3.3.3 Dead animal pickup services shall be provided during one shift operating seven
days per week, holidays included.
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3.4 Licensing of Animals
3.4.1 The County shall provide staffing levels, administrative support, materials,
supplies, and equipment sufficient to ensure the provision of licensing services
in the Town.
3.4.2 The Pima Animal Care Center shall maximize the number of dogs vaccinated
and licensed within the geographical jurisdiction of the Town. Dog vaccination
requirements and spay/neutering information shall be distributed to all owners
of licensed dogs and other interested parties upon request.
3.4.3 License applications shall be processed and returned, electronically or via mail,
to the applicant within ten (10) working days. A licensing reminder program
shall be conducted to improve compliance with license regulations.
3.4.4 Should Pima Animal Care Center outsource the licensing functions to take
advantage of online registration via the Internet, Pima Animal Care Center shall
ensure that day-to-day licensing and registration operations, including
telephone services, remain equivalent to those currently provided by the Center.
3.5 Pima Animal Care Center Shelter
3.5.1 The County shall staff, equip, furnish, support and maintain the Pima Animal
Care Center, and provide all facilities and vehicles, including replacements,
maintenance, repair, gasoline, and oil as necessary for the operation of the Pima
Animal Care Center.
3.5.2 Humane treatment of all animals housed at the Pima Animal Care Center shall
be provided, including provision of adequate food, water, shelter, and timely
and appropriate veterinary care in accordance with nationally accepted shelter
care standards. The Pima Animal Care Center shall develop a strategy and
procedures to further reduce euthanasia of saveable animals through effective
adoption and rescue programs. If necessary, animals shall be euthanized in such
a manner that provides for humane treatment of the animal and in accordance
with the standards set forth by the American Veterinary Medical Association
Guidelines for the Euthanasia of Animals: 2013 Edition. Effort shall be made
to decrease shelter intake through but not limited to owner education and
community wide spay/neuter programs.
3.5.3 Animal Welfare Community Outreach. The Pima Animal Care Center shall
refine and increase outreach and educational efforts at schools, neighborhood
association meetings, etc. in order to increase public awareness of health and
safety issues related to animals, to promote responsible ownership/companion
animal guardianship, including compliance with licensing and other Town
Animal Control Codes, and to disseminate information regarding vaccination
clinics, spaying and neutering, and care of animals.
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4.0 Payment.
4.1 The Town will pay the County $136,605 for Fiscal Year 2019-2020, $139,337 for
Fiscal Year 2020-2021, and $142,124 for Fiscal Year 2021-2022 (the “Service
Charge”), to be billed monthly.
4.2 If this Agreement is extended pursuant to Section 2.0, the Service Charge will
continue to increase by 2.0% each fiscal year, except that if there is a variance of 10%
or more between the Service Charge and actual costs incurred by County in any fiscal
year for services provided under this Agreement, either party may request that the
Service Charge for future years be renegotiated.
4.3 All payments received from constituents on behalf of the Town will be deposited
regularly with the Pima County Treasurer’s Office into a Fiduciary Agency Account.
The County will submit a statement to the Town monthly for actual costs incurred on
behalf of the Town, and will instruct the Pima County Treasurer’s Office to remit to
Town all revenues collected on behalf of the Town on a monthly basis. Any interest
earned on the Account shall be credited to the Town.
5.0 Reporting.
5.1 The County will provide the Town the following information:
5.1.1 Monthly Reporting:
5.1.1.1 Monthly ‘Data Summary and Animal Services Report’ relecting
total PACC statistical volumes
5.1.2 Bi-Annual Reporting:
5.1.2.1 By jurisdiction, a statement of period-end and year-to-date
financials
5.1.2.2 PACC Statistical Volumes by Jurisdiction:
5.1.2.2.1 Shelter Statistics: Number of animals processed at the
shelter, number of animals adopted and / or fostered,;
number and type of education and outreach activities in
the community
5.1.2.2.2 Veterinary Statistics: Number and type of surgeries
performed on PACC pets and PACC, number of
surgeries performed in the community, number of
animal spayed and neutered, number of animals that
were euthanized or died in the shelter
5.1.2.2.3 Enforcement Statistics: Number of calls that resulted in
a response from PACC, number and types of dog
licenses issued, Dates of dispatched enforcement calls,
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Activity types of dispatched enforcement calls (e.g.,
leash law, stray)
5.1.2.2.4 Licensing Statistics: Types of licenses issued, Dates of
issuance of licenses, Payment received for each license
issued, and associated data extract containing detailed
information regarding records of requests and revenue
attributed to the Town.
5.1.2.3 The Town will designate a representative to attend bi-annual
meetings with representatives from Pima County Administration,
Pima Animal Care Center and each jurisdiction with which the
County has an Intergovernmental Agreement to provide PACC
services.
5.1.3 Fiscal Year End: The County shall prepare a final financial report for each
Fiscal Year that includes the following information:
5.1.3.1 By jurisdiction, a statement of period-end and year-to-end
financials.
5.1.3.2 . PACC Statistical Volumes by Jurisdiction Year End Report:
5.1.3.2.1 Shelter Statistics: Number of animals processed at the
shelter, number of animals adopted and / or fostered,;
number and type of education and outreach activities in
the community
5.1.3.2.2 Veterinary Statistics: Number and type of surgeries
performed on PACC pets and PACC, number of
surgeries performed in the community, number of
animal spayed and neutered, number of animals that
were euthanized or died in the shelter
5.1.3.2.3 Enforcement Statistics: Number of calls that resulted in
a response from PACC, number and types of dog
licenses issued, Dates of dispatched enforcement calls,
Activity types of dispatched enforcement calls (e.g.,
leash law, stray)
5.1.3.2.4 Licensing Statistics: Types of licenses issued, Dates of
issuance of licenses, Payment received for each license
issued, and associated data extract containing detailed
information regarding records of requests and revenue
attributed to the Town.
5.1.3.3 Other ad-hoc reporting determined necessary by either Town or
County
6.0 Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or
extending the legal jurisdiction of the Town or the County. This Agreement and all
IGA Pima County and Oro Valley for PACC Services Page 6 of 10
obligations upon the Town or County arising therefrom shall be subject to any limitations of
budget law or other applicable local law or regulations.
7.0 Audit. The parties shall have the right to audit the books of the other relating to the Pima
Animal Care Center and to the collection of licensing fees and other fines and fees.
8.0 Termination. Either party may terminate this Agreement by giving written notice to the
other party not less than six (6) months prior to the termination date. In the event of
termination, each party shall be liable for its proportionate share of the costs and expenses
incurred or arising out of performance of activities required by this Agreement occurring
prior to the termination date. Termination of this Agreement shall not relieve either party
from liabilities or costs already incurred under this Agreement.
9.0 Assignment of Rights. Neither party to this Agreement shall assign its rights under this
Agreement to any other party without written permission from the other party to this
Agreement.
10.0 Construction of Agreement.
10.1 Construction and interpretation. All provisions of this Agreement shall be construed
to be consistent with the intention of the parties as expressed in the Recitals hereof.
10.2 Captions and headings. The headings used in this Agreement are for convenience only
and are not intended to affect the meaning of any provision of this Agreement.
11.0 Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511, the
pertinent provisions of which are incorporated herein by reference.
12.0 Severability. In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on
other provisions and their application, which can be given effect without the invalid or void
provision or application, and to this extent the provisions of the Agreement are severable. In
the event that any provision of this Agreement is declared invalid or void, the parties agree
to meet promptly upon request of the other party in an attempt to reach an agreement on a
substitute provision.
13.0 No Joint Venture. It is not intended by this Agreement to, and nothing contained in this
Agreement shall be construed to, create any partnership, joint venture, or employment
relationship between the parties or create any employer-employee relationship between the
Town and any County employees or between the County and any Town employees. Neither
party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the
other, including (without limitation) the other party’s obligation to withhold Social Security
and income taxes for itself or any of its employees.
14.0 No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not parties to this Agreement or to
affect the legal liability of either party to the Agreement by imposing any standard of care
different from the standard of care imposed by law.
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15.0 Compliance with Laws. The parties shall comply with all applicable federal, state, and local
laws, rules, regulations, standards, and executive orders, without limitation to those
designated within this Agreement.
15.1 Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order
Number 2009-09 issued by the Governor of the State of Arizona are incorporated by
this reference as a part of this Agreement.
15.2 Americans with Disabilities Act. This Agreement is subject to all applicable provisions
of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213)
and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
16.0 Workers’ Compensation. An employee of either party shall be deemed to be an "employee"
of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S.
§ 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be
solely liable for any workers' compensation benefits, which may accrue. Each party shall
post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following
form:
16.1 All employees are hereby further notified that they may be required to work under
the jurisdiction or control or within the jurisdictional boundaries of another public
agency, pursuant to an intergovernmental agreement or contract, and under such
circumstances they are deemed by the laws of Arizona to be employees of both
public agencies for the purposes of workers' compensation.
17.0 Non-Waiver. The failure of either Party to insist upon the complete performance of any of
the terms and provisions of this Agreement to be performed on the part of the other, or to
take any action permitted as a result thereof, shall not constitute a waiver or relinqu ishment
of the right to insist upon full and complete performance of the same, or any other covenant
or condition, either in the past or in the future. The acceptance by either Party of sums less
than may be due and owing it at any time shall not constitute an accord and satisfaction.
18.0 Force Majeure. A party shall not be in default under this Agreement if it does not fulfill
any of its obligations under this Agreement because it is prevented or delayed in doing so by
reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose
of this Agreement, any cause beyond the control of the party affected, including but not
limited to, failure of facilities, breakage or accident to machinery or transmission facilities,
weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance,
sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss,
acts of God, or action or non-action by governmental bodies in approving or failing to act
upon applications for approvals or permits which are not due to the negligence or willful
action of the parties, order of any government officer or court (excluding orders promulgated
by the parties themselves), and declared local, state, or national emergency, which, by
exercise of due diligence and foresight, such party could not reasonably have been expected
to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable
forces shall exercise due diligence to remove such inability with all reasonable dispatch.
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19.0 Notification. All notices or demands upon any party to this Agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by mail
addressed as follows:
Pima County: Town of Oro Valley:
Francisco Garcia, MD, MPH Town Manager
Pima County Assistant County Administrator 11000 North La Cañada Drive
130 W. Congress Oro Valley, Arizona 85737
Tucson, Arizona 85701
Kristen Hassen-Auerbach Assistant Town Manager
Pima Animal Care Center Director 11000 North La Cañada Drive
4000 N. Silverbell Road Oro Valley, Arizona 85737
Tucson, Arizona 85745
20.0 Remedies. Either party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy
and each shall be cumulative and in addition to any other right or remedy existing at law or
in equity or by virtue of this Agreement.
21.0 Indemnification. Each party (as “indemnitor”) agrees to indemnify, defend and hold
harmless, the other party (as “indemnitee”) from and against any and all claims, losses,
liability, costs or expenses (including reasonable attorney’s fees) (hereinafter collectively
referred to as “claims”) arising out of the bodily injury of any person (including death) or
property damage, but only to the extent that such claims, which result in vicarious/derivative
liability to the indemnitee, and are caused by the act, omission, negligence, misconduct, or
other fault of the indemnitor, its officers, officials, agents, employees or volunteers.
22.0 Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterpart may be removed from such
counterpart and attached to a single instrument.
23.0 Legal Arizona Workers Act.
23.1 Town hereby warrants that it will at all times during the term of this Contract comply
with all federal immigration laws applicable to Town’s employment of its employees,
and with the requirements of A.R.S. § 23-214 (A) (together the “State and Federal
Immigration Laws”). Town shall further ensure that each subcontractor who performs
any work for Town under this Contract likewise complies with the State and Federal
Immigration Laws.
23.2 County shall have the right at any time to inspect the books and records of Town and
any subcontractor in order to verify such party’s compliance with the State and Federal
Immigration Laws.
23.3 Any breach of Town’s or any subcontractor’s warranty of compliance with the State
IGA Pima County and Oro Valley for PACC Services Page 9 of 10
and Federal Immigration Laws, or of any other provision of this section, shall be
deemed to be a material breach of this Contract subjecting Town to penalties up to and
including suspension or termination of this Contract. If the breach is by a subcontractor,
and the subcontract is suspended or terminated as a result, Town shall be required to
take such steps as may be necessary to either self-perform the services that would have
been provided under the subcontract or retain a replacement subcontractor, as soon as
possible so as not to delay project completion.
23.4 Town shall advise each subcontractor of County’s rights, and the subcontractor’s
obligations, under this Article by including a provision in each subcontract
substantially in the following form:
“Subcontractor hereby warrants that it will at all times during the term of this Contract
comply with all federal immigration laws applicable to Subcontractor’s employees, and
with the requirements of A.R.S. § 23-214 (A). Subcontractor further agrees that County
may inspect the Subcontractor’s books and records to insure that Subcontractor is in
compliance with these requirements. Any breach of this paragraph by Subcontractor
will be deemed to be a material breach of this Contract subjecting Subcontractor to
penalties up to and including suspension or termination of this contract.”
24.0 Entire agreement. This instrument constitutes the entire agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. Any exhibits to
this Agreement are incorporated herein by this reference.
IGA Pima County and Oro Valley for PACC Services Page 10 of 10
IN WITNESS WHEREOF, the County has caused this Agreement to be executed by the
Pima County Board of Supervisors, as attested to by the Clerk of the Board, and the Town
of Oro Valley has caused this Agreement to be executed by the Mayor of the Town of Oro
Valley, upon resolution of the Mayor and Council, as attested to by the Town Clerk.
PIMA COUNTY:
____________________________ _______
Chair, Board of Supervisors Date
ATTEST
____________________________ _______
Clerk of the Board Date
APPROVED AS TO CONTENT
____________________________ _______
Department Director or designee Date
TOWN OF ORO VALLEY:
____________________________ _______
Joseph C. Winfield, Mayor Date
ATTEST
____________________________ _______
Michael Standish, Town Clerk Date
ATTORNEY CERTIFICATION
The foregoing Agreement between Pima County and the Town of Oro Valley has been reviewed
pursuant to A.R.S. § 11-952 by the undersigned who have determined that it is in proper form
and is within the powers and authority granted under the laws of the State of Arizona to those
parties to the Agreement.
____________________________ _______
Deputy County Attorney Date
____________________________ _______
Tobin Sidles, Legal Services Director Date
Town Council Regular/Study Session C.
Meeting Date:07/17/2019
Requested by: Jon Hawbaker
Submitted By:Jon Hawbaker, Community Development & Public Works
Department:Community Development & Public Works
SUBJECT:
Resolution No. (R)19-33, authorizing the Town of Oro Valley to enter into an Intergovernmental Grant Agreement
(IGA) with the City of Tucson (COT) for the purposes of coordinating federal financial aid to obtain three (3) new
replacement vehicles using Federal Transit Administration Grant #AZ-2019-002-00
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The Urbanized Area Formula Funding program (49 U.S.C. 5307) makes federal resources available to urbanized
areas under one designated recipient for the metropolitan planning region. The City of Tucson (COT) is the Pima
County designated recipient for transit capital and operating assistance. The Pima Association of Governments
(PAG) regionally coordinates transit programs throughout the Tucson metropolitan area and develops a transit
vehicle replacement plan to maximize grant funding availability.
In order for the Town of Oro Valley to participate and receive funding from this grant, it has to be a sub recipient to
the COT. This IGA outlines the responsibilities of both parties in order to secure funding for replacement vehicles.
The COT and the Town of Oro Valley have been successfully utilizing 5307 funding for vehicle replacements
through this partnership since the transit division inception.
BACKGROUND OR DETAILED INFORMATION:
Mayor and Council authorization is requested to enter into an IGA with the COT so that Oro Valley may
receive Federal Transit Administration (FTA) 5307 grant funds for vehicle replacements from FTA grant:
AZ-2019-002-00. This IGA will allow for the purchase of three vehicles being replaced that exceed five
years of age, are averaging over 100,000 miles each and have exceeded their useful life per FTA
standards.
Chapter 53 of Title 49 United States Code (formally the Federal Transit Act of 1964, as amended) makes
financial aid available to municipalities and local units of government showing a substantial effort toward
the preservation, improvement, and operation of mass transit systems. Oro Valley, via FTA grant
AZ-2019-002-00, will be a sub-recipient and subject to FTA requirements when spending these funds.
The COT is the Metropolitan Planning Origination’s designated recipient of these funds and as such, is
required to monitor all aspects of the spending of these FTA funds.
Per federal regulations, this project was derived from a locally developed, coordinated, public planning
process and the funds are being distributed on a fair and equitable basis. This IGA facilitates the
pass-through of FTA funds from the FTA to Oro Valley for vehicle replacements.
The City of Tucson Mayor and Council approved this IGA at their June 4, 2019 regularly scheduled
meeting.
FISCAL IMPACT:
Approving this resolution will allow the Town to obtain grant funding up to $122,000 or 80% of the cost of these
vehicles. Per this IGA, Oro Valley agrees to pay 20% of local match required, anticipated to be $28,800 for three
vehicles. Each vehicle will cost approximately $48,000, plus $2,000 in outfitting for a total anticipated expenditure of
$150,000, which has been budgeted in fiscal year 2019/20.
SUGGESTED MOTION:
I MOVE to (approve/deny) Resolution No. (R)19-33, authorizing the Town of Oro Valley to enter into an
Intergovernmental Grant Agreement with the City of Tucson for the purposes of coordinating federal financial aid to
obtain three (3) new replacement vehicles using FTA Grant #AZ-2019-002-00.
OR
I move to…
Attachments
(R)19-33 Resolution
IGA TOV.COT
RESOLUTION NO. (R)19-33
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO
VALLEY FOR THE PURPOSES OF COORDINATING FEDERAL
FINANCIAL AID TO OBTAIN THREE (3) REPLACEMENT
VEHICLES USING FTA FUNDING; 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, chapter 53 of 49 United States Code (formerly the Federal Transit Act of
1964, as amended), makes federal financial aid available to municipalities and local units
of government showing a substantial effort toward the preservation, improvement and
operation of mass transit systems; and
WHEREAS, pursuant to A.R.S.11-952, Oro Valley has the authority to enter into
agreements with other public agencies to jointly exercise its powers and carry out its
responsibilities; and
WHEREAS, the Public Works Department, Transit Services Division, is in need of
replacing service vehicles ; and
WHEREAS, the Town will receive FTA grant funding up to 80% of the cost of the
vehicles and the Town shall pay approximately twelve (20%) percent of the total
purchase cost for the vehicles, approximately $28,800 for three vehicles; and
WHEREAS, it is in the interest of the Town of Oro Valley to authorize and approve this
Intergovernmental Agreement with the City of Tucson for the purposes of coordinating
federal financial aid to obtain three (3) replacement vehicles using FTA funding.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, Arizona, that:
SECTION 1. The Mayor and Council hereby authorize and approve the
Intergovernmental Agreement with the City of Tucson, attached hereto as Exhibit “A”
and incorporated herein by this reference, to coordinate federal financial aid to obtain
three (3) replacement vehicles using FTA funding.
SECTION 2. The Town Manger and any other administrative officials of the Town of
Oro Valley are hereby authorized to take steps as necessary to execute and implement the
terms of the Intergovernmental Agreement.
SECTION 3. 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.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 17th day of July, 2019.
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”
1
{A0240395.docx/} 1
INTERGOVERNMENTAL GRANT
AGREEMENT BETWEEN THE CITY
OF TUCSON
AND THE TOWN OF ORO
VALLEY
PER FTA GRANT #AZ-2019-002-00
This Intergovernmental Grant Agreement, hereinafter referred to as “Agreement” made and
entered into by and between CITY OF TUCSON, ARIZONA, a municipal corporation
(“Tucson”), and the TOWN of ORO VALLEY, a municipal corporation (“Oro Valley”), pursuant
to A.R.S. § 11-952, for the purposes of coordinating multi-jurisdictional cooperation in
transportation planning, improvements and fundraising as municipal corporations through
taxation and bonding, with the public’s input and voter approval.
RECITALS
WHEREAS, the Mayor and Council of Tucson, are authorized and empowered by
provisions of the Tucson Charter and A.R.S. § 11-952 to enter into agreements with other
entities within the Tucson Urbanized Area to provide transit related services;
WHEREAS, pursuant to its charter and A.R.S. § 11-952, Oro Valley has the authority
to enter into agreements with other public agencies to jointly exercise its powers and carry out its
responsibilities;
WHEREAS, Chapter 53 of 49 United States Code (formerly the Federal Transit Act
of 1964, as amended), makes federal financial aid available to municipalities and local units
of government showing a substantial effort toward the preservation, improvement and
operation of mass transit systems;
WHEREAS, the Federal Transit Administration (FTA) Master Agreement dated October
1, 2018, and any subsequent revisions thereto, between Tucson and the FTA governing the
administration of vehicles purchased and service provided with federal assistance, are
incorporated herein by this reference;
WHEREAS, Tucson did apply for and was awarded an FTA grant (the “Grant”); and
WHEREAS, the parties intend to implement and complete the program described in
Section 1, Scope of Services, below (all collectively, the “Program” and individually, the
“Project” or “Projects”).
NOW THEREFORE, Tucson and Oro Valley, pursuant to the above and in consideration
of the matters and things set forth herein, do mutually agree as follows.
{A0240395.docx/} 2
AGREEMENT
1. Scope of Services.
Vehicle Purchase (Capital):
1.1 Oro Valley shall have the financial capacity and purchase three (3) new replacement, ADA
compliant vehicles (“the Vehicles”) in accordance with all FTA regulations to be used for Oro
Valley Sun Shuttle and Sun Shuttle Dial-A-Ride service.
1.2 The Federal amount of up to but not to exceed $122,000 is being passed through Tucson to Oro
Valley to fund the purchase the Vehicles.
1.3 Oro Valley agrees to do the following when purchasing the Vehicles:
1.3.1 Complete the Projects and request reimbursement within twelve (12) months of the grant award
by the Federal Transit Administration. Funding for uncompleted or unbilled Projects will be
reassigned at the discretion of Tucson, as needed to close out the Grant. This Agreement shall
take effect and shall remain in effect until all funds are expended but not more than 12 months
from date of execution by the parties to this Grant.
1.3.2 Develop a Fleet Maintenance Plan for all FTA funded vehicles and complete all preventative
maintenance intervals (PMIs) within 30 days or within 10% of the PMI interval prescribed by the
vehicle manufacturer, whichever comes first.
1.3.3 List Tucson as lien holder on the title of the Vehicles.
1.3.4 Include Tucson as “additional insured” on Oro Valley’s insurance policy for the Vehicles.
1.3.5 Comply with all Buy America requirements pursuant to FTA regulations.
1.3.6 Pursuant to 49 CFR 26.49(a)(1), before making an award, provide the City of Tucson
documentation demonstrating the transit vehicle manufacturer (TVM) is an eligible TVM
approved by the FTA.
1.3.7 Within 30-days of making an award, submit the name of the successful bidder and total value of
the contract to the City of Tucson for reporting to the FTA.
2. Definitions
Financial Capacity: To receive a grant under the FTA, a grant applicant must certify that it has or will
have the financial capacity to carry out the proposed Program of Projects. A recipient of FTA funds
must be able to match and manage those funds, to cover cost overruns, to cover operating deficits
through long-term stable and reliable sources of revenue, and to maintain and operate federally funded
facilities and equipment.
3. Obligations of Tucson
Tucson shall monitor Oro Valley’s compliance with, and performance under, the terms and conditions
{A0240395.docx/} 3
of this Agreement. Tucson may make on-site visits for Agreement compliance monitoring any time
during Oro Valley’s normal business hours, announced or unannounced. For auditing purposes, Oro
Valley shall make available for inspection and/or copying by Tucson representatives, all records and
accounts relating to the work performed or the services provided under this Agreement.
4. A d d i t i o n a l Obligations of Oro Valley
4.1 Oro Valley agrees to submit reports, statements and/or plans as required by Tucson or the FTA.
Quarterly reports are due on or before the 15th of the month following the end of the quarter (i.e. October
15, January 15, April 15 and July 15); and annual reports are due ninety (90) days after the end of the
fiscal year (July 1—June 30). Drug and Alcohol (MIS) Reports are due January 31 for the previous
compliance year.
REPORT FREQUENCY DESCRIPTION
DBE Report - If Grantee or
Subrecipient receives over
$250,000 in FTA funds within a
fiscal year.
Quarterly Utilization of Disadvantage
Business Enterprise (DBE)
Fixed Assets Status Report Annually Inventory of all FTA funded
assets
Single Audit Report Annually Copy of federally required audit
4.2 Oro Valley shall permit the authorized representatives of Tucson, the United States
Department of Transportation, and the Controller General of the United States to inspect and
audit all data and records relating to this Agreement. All required records shall be maintained
for a minimum of three (3) years, after the Grant has been formally closed.
4.3 Before entering into any third-party contracts, Oro Valley shall ensure, to the best of its
knowledge and belief, that none of its third-party contractors, principals, and/or affiliates are
suspended, debarred, ineligible, or voluntarily excluded from participating in federally assisted
transactions or procurements. To determine such, Oro Valley shall check the Excluded Parties
Listing System (EPLS) (https://www.sam.gov/SAM/pages/public/index.jsf), keep a hard copy
record of such assurance, and provide Tucson a memo and copy of web-based check for
Tucson’s records.
4.4 In performing the services for which federal funding is provided under this Agreement, Oro
Valley shall comply with all laws, rules, regulations, standards, orders or directives
(hereinafter “Laws”) applicable to this Agreement, to the services provided purs uant to this
Agreement, and to Tucson as the designated recipient of FTA funding. The Laws referred to
above include applicable federal, state and local laws.
4.5 Oro Valley shall establish and maintain for the purchase of vehicles and service either a separate
set of accounts, or separate accounts within the framework of an established accounting system
that can be identified with the purchase of vehicles and service, consistent with applicable
federal regulations and other requirements that FTA may impose.
4.6 Oro Valley, in connection with any service or other activity under this Agreement, shall not in
any way, discriminate against any person on the grounds of race, color, reli gion, sex, national
origin, age, disability, political affiliation or belief.
4.7 Oro Valley shall develop a process for soliciting and considering public comment prior to a
{A0240395.docx/} 4
fare changes or a major service reduction.
4.8 Oro Valley shall assure that no Federal appropriated funds have been paid or will be paid, by
or on behalf of Oro Valley to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
Agreement, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal agreement, grant, loan, or cooperative agreement.
4.9 Oro Valley, as a subrecipient, agrees to follow the above-refernced FTA Master Agreement (as
amended):
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grantee-resources/sample-fta-
agreements/114766/fta-master-agreement-fy2018.pdf
4.10 Oro Valley shall comply with FTA Circular 4220.1F
(https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grantee-resources/sample-fta-
agreements/131596/fta-master-agreement-fy-2019.pdf ) pursuant to third-party procurements
(both capital and operating).
4.11 Oro Valley shall follow FTA Circular 5010.1E
(https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/regulations-and-guidance/fta-
circulars/58051/5010-1e-circular-award-management-requirements-7-16-18.pdf ) pursuant to
vehicle service life, vehicle disposal, etc.
4.12 Oro Valley shall develop a Limited English Proficiency (LEP) Plan based upon the Federal
Department of Transportation’s LEP guidance and FTA Circular 4702.1B
(https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FTA_Title_VI_FINAL.pdf)
4.13 Oro Valley shall not provide charter bus service with the Vehicles purchased with FTA
funds.
4.14 Oro Valley shall implement and operate a Drug-Free Workplace pursuant to the provisions of
the Drug-Free
Workplace Act of 1988.
4.15 Oro Valley shall develop and operate a Drug and Alcohol testing program per 49 CFR Part
655, as amended and 49 CFR Part 40, as amended.
4.16 Oro Valley agrees shall follow the FTA Title VI Program relevant to but not limited to: Title VI
complaint tracking and resolution, Major Service Change Policy, Disparate Impact Policy, and
Disproportionate Burden Policy.
4.17 Oro Valley shall develop and implement a Transit Asset Management Plan per 49 CFR Part 625,
as amended.
4.18 Oro Valley shall report applicable National Transit Database (NTD) information per 49 CFR Part
630, as amended.
5. Mutual Obligations
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5.1 The parties warrant to each other that no person has been employed or retained to solicit or
secure this Agreement upon any agreement or understanding for a commission, percentage,
brokerage, or contingent fee; and, further, that no member or delegate to Congress, the Tucson
or Oro Valley Council or any employee of Tucson or Oro Valley has any interest, financial or
otherwise, in this Agreement.
5.2 The parties acknowledge that federal funds are being used for the work, services and/or
operations provided under this Agreement. In that regard, Tucson as the designated grant
recipient, is obligated to accept and comply with all of the terms and conditions set forth in the
FTA Master Agreement. In order for Oro Valley to receive funding under this Agreement with
Tucson, Oro Valley is required to similarly accept and comply with all such terms and conditions
and Oro Valley does hereby specifically agree to be bound thereby. Oro Valley is solely
responsible for complying with all of the terms and conditions of the FTA Master Agreement and
any subsequent revisions whether or not they are set forth in Attachment A.
6. Payment & Billing
6.1 Vehicle Purchase (Capital): Oro Valley shall pay 100% of the Vehicles’ purchase price
(including all applicable taxes, fees, and licensing). City of Tucson, pursuant to FTA Grants
shall reimburse Oro Valley in an amount up to, but not to exceed, $122,000 or 80% of the
Vehicles’ cost (whichever is less) within thirty (30) days from receipt of invoice. Such
reimbursement shall be conditioned upon evidence of Oro Valley's payment of the required
matching funds of $30,500 or 20% of purchase price of the Vehicles if 80% of the Vehicles’
purchase price is less than $122,000. Except as permitted otherwise by Federal Law, Oro Valley
agrees to provide sufficient funds along with the Federal financial assistance awarded, that will
assure payment of the actual cost of any vehicle covered by this Grant Agreement. Oro Valley
shall be solely responsible for any cost overages pursuant to the Vehicle purchase costs which
exceed the federal funding provided by this Grant Agreement.
6.2 Oro Valley shall submit a reimbursement letter to Tucson requesting reimbursement under the
terms of this Agreement. The reimbursement letter shall include an invoice and shall be
accompanied by all necessary reports and applicable receipts.
6.3 Oro Valley agrees that no local share funds provided will be derived from receipts from the use
of vehicles or equipment, revenues of the transit system in which such facilities or equipment
are used, or other Federal funds, except as permitted by law. No reimbursements shall be made
unless all required reports have been submitted. To be eligible for reimbursement, Projects must
be completed and reimbursement must be requested within twelve (12) months of the grant
award by the Federal Transit Administration. Funding for uncompleted or unbilled Projects will
be assigned at the discretion of Tucson, as needed to close out the Grant. Any monies spent
shall show full documentation with invoices and signatures showing receipt of monies.
7. Term and Termination
7.1 Conflict of Interest – The parties acknowledge this Agreement is subject to cancellation by
either of them pursuant to the provisions of A.R.S. § 38-511.
7.2 Oro Valley agrees that in the event of its breach of the terms of this Agreement that Tucson
reserves the right to repossess any properties purchased with FTA funds (including but not
limited to Vehicles purchased). If any properties are repossessed by Tucson, Tucson will not be
{A0240395.docx/} 6
obligated to reimburse Oro Valley for any of Oro Valley’s actual or claimed financial interest in
the property.
7.3 This Agreement shall be effective immediately after filing a copy hereof with the office of
Tucson Clerk. For term and termination generally, see Section 1.3.1, herein.
8. Indemnification
8.1 Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall
indemnify, defend and hold the other party, its governing board or body, officers, departments,
employees and agents, harmless from and against any and all suits, action s, legal or
administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability,
interest, attorney’s, consultant’s and accountant’s fees or costs and expenses of whatsoever kind
and nature, resulting from or arising out of any act or omission of the indemnifying party, its
agents, employees or anyone acting under its direction or control, whether intentional, negligent,
grossly negligent, or amounting to a breach of agreement, in connection with or incident to the
performance of this Agreement.
8.2 Notice: Each party shall notify the other in writing within thirty (30) days of the receipt of any
claim, demand, suit or judgment against the receiving party for which the receiving party intends
to invoke the provisions of this Section. Each party shall keep the other party informed on a
current basis of its defense of any claims, demands, suits, or judgments under this Section.
8.3 Negligence of Indemnified Party: The obligations under this Section shall not extend to
the negligence of the indemnified party, its agents or employees.
8.4 Survival of Termination: The rights and duties in this Section shall survive the termination,
cancellation or revocation, whether in whole or in part, of this Agreement.
8.5 Insurance: When requested by the other party, each party shall provide proof to the other of their
worker's compensation, automobile, accident, property damage, and liability coverage or program
of self-insurance.
8.6 Book and Records: Each party shall keep and maintain proper and complete books, records and
accounts, which shall be open for inspection and audit by duly authorized representatives of any
other party at all reasonable times.
9. Construction of Agreement
9.1 Entire Agreement: This instrument constitutes the entire Agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous Agreement and
understandings, oral or written, are hereby superseded and merged herein.
9.2 Amendment: This Agreement shall not be modified, amended, altered or changed except
by written agreement signed by both parties.
9.3 Construction and Interpretation: All provisions of this Agreement shall be construed to
be consistent with the intention of the parties as expressed in the recitals hereof.
9.4 Captions and Headings: The headings used in this Agreement are for convenience only and
are not intended to affect the meaning of any provision of this Agreement.
9.5 Severability: In the event that any provision of this Agreement or the application thereof is
{A0240395.docx/} 7
declared invalid or void by statute or judicial decision, such action shall have no effect on other
provisions and their application which can be given effect without the invalid or void provision
or application, and to this extent the provisions of the Agreement are severable in the event that
any provision of this Agreement is declared invalid or void, the parties agree to meet promptly
upon request of the other party in an attempt to reach an agreement on a substitute provision.
10. Legal Jurisdiction
10.1 Nothing in this Grant Agreement shall be construed as either limiting or extending the legal
jurisdiction of Oro Valley or Tucson.
11. No Joint Venture
11.1 It is not intended by this Agreement, and nothing contained in this Agreement shall be construed
to, create any partnership, joint venture or employment relationship between the parties or create
any employer-employee relationship between Oro Valley and any Tucson employees, or between
Tucson and any Oro Valley employees. Neither party shall be liable for any debts, accounts,
obligations nor other liabilities whatsoever of the other, including (without limitation) the other
party's obligation to withhold Social Security and income taxes for itself or any of its employees.
12. Workers’ Compensation
12.1 An employee of either party shall be deemed to be an “employee” of both public agencies while
performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona
Workers’ Compensation laws. The primary employer shall be solely liable for any worker’s
compensation benefits, which may accrue. Each party shall post a notice pursuant to the
provisions of A.R.S. § 23-906 in substantially the following form:
All employees are hereby further notified that they may be required to
work under the jurisdiction or control or within the jurisdictional
boundaries of another public agency pursuant to a Grant Agreement or
Agreement, and under such circumstances they are deemed by the laws of
Arizona to be employees of both public agencies for the purposes of
workers’ compensation.
13. No Third Party Beneficiaries
13.1 Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights
in third parties not parties to this Agreement or affect the legal liability of either party to the
Agreement by imposing any standard of care with respect to the maintenance of streets and
highways different from the standard of care imposed by law.
14. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws,
rules, regulations, standards and executive orders, as amended, without limitation to those
designated within this Agreement.
14.1 Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order 75-5, as
amended by Executive Order 99-4, issued by the Governor of the State of Arizona are
incorporated by this reference as a part of this Agreement as if set forth in full herein.
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14.2 Americans with Disabilities Act This Agreement is subject to all applicable provisions of the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all
applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.5.1. Tucson and
Oro Valley agree to follow all regulations as set forth in the Americans with Disabilities Act of
1990.
15. Waiver. Waiver or the failure to enforce by either party of any breach of any term, covenant or
condition herein contained shall not be deemed a waiver of any other term, covenant or
condition, or any subsequent breach of the same or any other term, covenant, or condition herein
contained.
16. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of
its obligations under this Agreement because it is prevented or delayed in doing so by reason of
uncontrollable forces. The term “uncontrollable forces” shall mean, for the purpose of this
Agreement, any cause beyond the control of the party affected, including but not li mited to
failure of facilities, breakage or accident to machinery or transmission facilities, weather
conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage,
strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or
action or non-action by governmental bodies in approving or failing to act upon applications for
approvals or permits which are not due to the negligence or willful action of the parties, order of
any government officer or court (excluding orders promulgated by the parties themselves), and
declared local, state or national emergency, which, by exercise of due diligence and foresight,
such party could not reasonably have been expected to avoid. Either party rendered unable to
fulfill any obligations by reason of uncontrollable forces shall provide timely notice thereof to the
other and exercise due diligence to remove such inability with all reasonable dispatch.
17. Notification.
17.1 All notices or demands upon any party to this Agreement shall be in writing, unless other forms
are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows:
City of Tucson: With Copies to:
Roger Randolph Sam Credio, Deput y Director
Tucson Clerk Department of Transportation City
of Tucson City of Tucson
P.O. Box 27210 P.O. Box 27210
Tucson, AZ 85726-7210 Tucson, AZ 85726-7210
And:
John Zukas, Transit Services Coordinator
Department of Transportation
City of Tucson
P.O. Box 27210
Tucson, AZ 85726-7210
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Oro Valley: With Copies to:
Michael Standish, Town Clerk Aimee Ramsey, Assistant Director
11000 N. La Canada Dr. Public Works
Oro Valley, AZ 85737 11000 N. La Canada Dr.
Oro Valley, AZ 85737
Or such other address as either party shall designate by written notice to the other.
18. Remedies.
18.1 Either part y may pursue any remedies provided by law and equity for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each
shall be cumulative and in addition to any other right or remedy existing at law or in equity or by
virtue of this Agreement.
In Witness Whereof, Oro Valley has caused this Agreement to be executed by its Mayor, upon resolution
of the Oro Valley Mayor and Council and attested to by its Clerk, and Tucson has caused this Agreement
to be executed by its Mayor upon resolution of the Mayor and Council and attested to by its Clerk.
ATTEST: CITY OF TUCSON:
Roger Randolph, Tucson Cit y Clerk Jonathan Rothschild, Mayor
Oro Valley: Oro Valley:
Mary Jacobs, Town Manager Joseph C. Winfield, Mayor
ATTEST:
________________________________
Michael Standish, Oro Valley Town Clerk
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ATTORNEY CERTIFICATION
The foregoing Agreement between the Oro Valley and the City of Tucson has been reviewed pursuant
to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the
powers and authority granted under the laws of the State of Arizona to the party represented by him or
her.
Oro Valley Attorney Date
City of Tucson Attorney Date
Town Council Regular/Study Session D.
Meeting Date:07/17/2019
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
Resolution No. (R)19-34, authorizing and approving an intergovernmental agreement between the Town of Oro
Valley and Pima County regarding payment for the incarceration of municipal prisoners
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The annual intergovernmental agreement with Pima County that permits the Town to house Oro Valley municipal
prisoners in the Pima County jail is up for renewal as of June 30, 2019. Payment for incarceration of municipal
prisoners in county jails is necessary because of a state law passed in 1989 mandating that cities and towns pay for
this service.
Pima County has set the incarceration fees for FY 2019/20 as follows: $348.81 to cover booking and intake
expenditures and prisoner housing for the first day, and $102.84 per subsequent day for each prisoner. The initial
day amount has increased by $23.83, and the cost for each additional day has increased by $3.05. The alternative
is for the Town to house its own municipal prisoners, which would be cost prohibitive.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
The FY 2019/20 Custody of Prisoners budget has been adopted in the amount of $180,000, and it is anticipated
that this will be sufficient budget capacity even with the projected prisoner housing costs outlined above.
SUGGESTED MOTION:
I MOVE to (APPROVE or DENY) Resolution No. (R)19-34, authorizing and approving an intergovernmental
agreement between the Town of Oro Valley and Pima County regarding payment for the incarceration of municipal
prisoners.
Attachments
(R)19-34 Resolution Municipal Prisoners
IGA
RESOLUTION NO. (R)19-34
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
ORO VALLEY AND PIMA COUNTY FOR PAYMENT FOR THE
INCARCERATION OF MUNICIPAL PRISONERS; 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, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or
renew agreements for joint and cooperative action with other public agencies; and
WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, pursuant to A.R.S. § 31-121(D), an individual may be incarcerated in a county jail
and the costs of incarceration shall be paid by the municipality having established the municipal
court in which the charges have been filed; and
WHEREAS, Pima County shall receive and detain all municipal prisoners who are medically fit
to be incarcerated in the detention facilities maintained and operated by Pima County; and
WHEREAS, the Town desires to enter into an Intergovernmental Agreement with Pima County
to set forth the terms and conditions for the incarceration of municipal prisoners in the detention
facilities maintained and operated by Pima County; and
WHEREAS, it is in the best interest of the Town to enter into the Intergovernmental Agreement,
attached hereto as “Exhibit “A” and incorporated herein by this reference, in order to set forth
the terms and conditions relating to the incarceration of municipal prisoners in the detention
facilities maintained and operated by Pima County for a term effective July 1, 2019 through June
30, 2020.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that
SECTION 1. the Intergovernmental Agreement, attached hereto as “Exhibit “A”, between the
Town of O ro Valley and Pima County for the incarceration of municipal prisoners
is hereby authorized and approved.
SECTION 2. the Mayor and any other administrative officials of the Town of Oro Valley are
hereby authorized to take such steps as are necessary to execute and implement
the terms of the Intergovernmental Agreement.
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SECTION3. 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
17th day of July, 2019.
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:
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EXHIBIT “A”
Town Council Regular/Study Session E.
Meeting Date:07/17/2019
Requested by: Ed Schaefer Submitted By:Catherine Hendrix, Police Department
Department:Police Department
SUBJECT:
Resolution No. (R)19-35, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant
agreement with the City of Tucson, allowing for one (1) officer to be assigned to the Pima County HIDTA
Investigative Task Force (PCHITF)
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Request is being made to enter into an agreement between the City of Tucson and the Town of Oro Valley for the
participation and administration of a multi-agency Pima County HIDTA Task Force.
BACKGROUND OR DETAILED INFORMATION:
If approved, this agreement will provide continued funding for salary and benefits for one (1) Town of Oro Valley
Police Department officer for FY 2019/20 This officer is currently assigned to the Pima County HIDTA Investigative
Task Force.
FISCAL IMPACT:
The total grant funded amount of $100,424 is included in the adopted budget for FY 2019/20.
SUGGESTED MOTION:
I MOVE to (ADOPT or DENY) Resolution No. (R)19-35, authorizing and approving a High Intensity Drug Trafficking
Area (HIDTA) grant agreement between the City of Tucson and the Town of Oro Valley, allowing for one (1) officer
to be assigned to the Pima County HIDTA Investigative Task Force.
Attachments
(R)19-35 PCHITF Contract
Grant Contract PCHITF
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RESOLUTION NO. (R)19-35
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A HIGH
INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF
ORO VALLEY, ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED
TO THE PIMA COUNTY HIDTA INVESTIGATIVE TASK FORCE
(PCHITF); 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 Town of Oro Valley is authorized to establish and maintain the Oro Valley
Police Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the City of
Tucson for the participation and administration of a multi-agency High Intensity Drug
Trafficking Area Task Force for a term effective January 1, 2019 through December 31, 2020;
and
WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached
hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms
and conditions to provide for the health, safety and welfare of the resident s in the Town of Oro
Valley.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
SECTION 1. The Grant Agreement, attached hereto as Exhibit “A”, between the Town of Oro
Valley and the City of Tucson to participate in the High Intensity Drug
Trafficking Area (HIDTA) Grant Agreement allowing for one (1) officer to be
assigned to the Pima County HIDTA Investigative Task Force (PCHITF ) is
hereby authorized and approved.
SECTION 2. The Mayor, Chief of Police and other administrative officials are hereby
authorized to take such steps as necessary to execute and implement the terms of
the Grant Agreement.
SECTION 3. 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.
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PASSED AND ADOPTED by the Mayor and Council of the Town of O ro Valley, Arizona, this
17th day of July, 2019.
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”
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
PROGRAM
GRANT AGREEMENT CFDA NUMBER: 95.001
AWARD NUMBER (FAIN): G1 9SA0007A COT Grant Number HT-19-2925
This Grant Agreement is made this 1ST day of January 2019 by and between the CITY OF TUCSON
hereinafter called “CITY” and GOVERNING BODY, through Oro Valley Police Department
hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under
the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having
satisfied itself as to the qualification of GRANTEE.
NOW, THEREFORE, it is agreed between the parties as follows:
1. This Agreement will commence on January 1, 2019 and terminate on December 31, 2020.
This Agreement expires at the end of the award period unless prior written approval for an
extension has been obtained from the CITY. A request for extension must be received by the
CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension
that further the goals and objectives of the program and shall determine the length of any
extension within Office of National Drug Control Policy (ONDCP) guidelines.
2. The GRANTEE agrees that grant funds will be used for the Pima County HIDTA
Investigative Task Force (PCHITF).
3. The CITY will monitor the performance of the GRANTEE against goals and performance
standards outlined in the grant application. Sub -standard performance as determined by the
CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a
manner consistent with and in compliance with the provisions and stipulations of the approved
grant application and this Agreement. If the CITY finds non -compliance, the GRANTEE will
receive a written notice that identifies the area of non -compliance, and the appropriate
corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to
this notice, and does not provide sufficient information concerning the steps that are being
taken to correct the problem, the CITY may suspend funding; permanently terminate this
Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose
and/or conditions of this Agreement without prior written CITY approval may constitute
sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the
return of all unspent funds, perform an audit of expended funds; and require the return of any
previously spent funds which are deemed to have been spent in violation of the purpose or
conditions of this grant.
4. This Agreement may be modified only by a written amendment signed by the parties. Any
notice given pursuant to this Agreement shall be in writing and shall be consider ed to have
been given when actually received by the following addressee or their agents or employees:
A. If to the City of Tucson:
City of Tucson
ATTN: Business Services
Police Satellite Office (Finance)
Tucson Police Department
270 S. Stone Ave.
Tucson, Arizona 85701-1917
High Intensity Drug Trafficking Area Grant Number HT-19-2925 Page 2
B. If to the GRANTEE:
Oro Valley Police Department
11000 N. La Canada Drive
Oro Valley, AZ 85737
Attention: Daniel Sharp, Chief of Police
5. The GRANTEE may make budget adjustments only after written notification with signature
approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice
(GAN) will be issued to the GRANTEE notifying the GRANTEE of the appro val. Adjustments or
reprogramming of the grantee’s budget in an initiative or any reprogramming between
initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA
Director, and/or the ONDCP in accordance with HIDTA Program P olicy and Budget Guidance.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel:
Salaries
Fringe Benefits
Overtime
Travel
Facilities
Services
Operating Expenses:
Supplies
Other
Equipment
TOTAL
$71,375.00
$10,706.25
$18,343.00
$0
$0
$0
$0
$0
$0.00
$100,424.25
See Attached Budget Detail Sheet
6. The GRANTEE understands that financial reports are required for reimbursement of
expenditures.
7. Every payment obligation of the CITY under this A greement is conditioned upon the availability
of funds appropriated or allocated for the payment of such obligation. If funds are not
allocated and available for the continuance of this Agreement, this Agreement may be
terminated by the CITY. No liability shall accrue to the CITY in the event this provision is
exercised, and the CITY shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
8. The GRANTEE understands that prior to the expend iture of confidential funds; an authorized
official of the GRANTEE shall sign a certification indicating that he or she has read,
understands, and agrees to abide by all of the conditions pertaining to confidential fund
expenditures as set forth in HIDTA Program Policy and Budget Guidance Para. 6.16.2
High Intensity Drug Trafficking Area Grant Number HT-19-2925 Page 3
9. The GRANTEE certifies that it will comply with Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards 2 CFR 200 as codified in 2 CFR Part
3603 and HIDTA Program Policy & Budget Guidance - October 1, 2016.
Link: Electronic Code of Federal Regulations : http://www.ecfr.gov
10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit
interest earned in excess of the allowable amount as detailed in 2 CFR, Part 200, §200.305
Payment, and all unexpended grant funds to the CITY within 30 days after receipt of a written
request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days
of expiration of this award.
11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper
and/or electronic) relating to this Agreement and the performance of this Agreement for no
less than five (5) years from the last financial report submitted to the CITY. All such
documents shall be subject to inspection and audit at reasonable times.
12. For the purpose of this grant, a capital expenditure is $5,000 or above. If the GRANTEE’S
policy defines a capital expenditure as less than $5,000, the GRANTEE will use its own policy.
The GRANTEE shall maintain a tracking system, in accordance with HIDTA Program Policy &
Budget Guidance – October 1, 2016, Section 8, to account for all HIDTA purchased equipment,
vehicles, and other items valued at $5000 or more per unit at the time of purchase. GRANTEE
is encouraged to include lower cost, high-risk items, electronic devices and software, such as
but not limited to digital cameras, palm pilots, and GPS devices in the tracking system.
The GRANTEE agrees to abide by Section 8 , that those using HIDTA funds to purchase
equipment must maintain a current inventory of HIDTA -purchased equipment and must
provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon
request. A 100-percent physical inventory of HIDTA -purchased equipment must be conducted
at least every two years.
13. The GRANTEE agrees to follow equipment disposition policies outlined in Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2
CFR 200 Subpart D- Post Federal Award Requirements, §§ 310-316- Property Standards when
the equipment is no longer needed for the grant program. Whe n no longer needed for the
original program, the equipment may be used in other activities supported by the Office of
National Drug Control Policy.
Link: Electronic Code of Federal Regulations http://www.ecfr.gov
The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program
Policy & Budget Guidance – Oct 1, 2016 Section 8 in determining the end of the useful life and
disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation o f
the disposition and provide to the HIDTA Director and the CITY.
14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and
supervisory official having first hand knowledge of the work performed by the grant funded
employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP
HIDTA Program Policy & Budget Guidance – October 1, 2016.
15. The GRANTEE will comply with the audit requirements of Uniform Administrative
Requirements, Cost Principles, and Audit Require ments for Federal Awards, 2 CFR 200 Subpart
F- Audit Requirements and provide the CITY with the audit report and any findings within 90
days of receipt of such finding. If the report contains no findings, the GRANTEE must provide
notification that the audit was completed.
Link: Electronic Code of Federal Regulations http://www.ecfr.gov
High Intensity Drug Trafficking Area Grant Number HT-19-2925 Page 4
16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the
CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY,
documenting the activities supported by these grant funds. In the event reports are not
received on or before the indicated date(s), funding will be suspended until such time as
delinquent report(s) are received. These reports are submitted according to the following
schedule:
Report Period Month of: Due Date: Report Period Month of: Due Date:
January 1 - 31
February 1 - 29
March 1 – 30
April 1 - 30
May 1 - 31
June 1 - 30
February 25
March 25
April 25
May 25
June 25
July 25
July 1 – 31
August 1 - 31
September 1 – 30
October 1 - 31
November 1 - 30
December 1 - 31
August 25
September 25
October 25
November 25
December 25
January 25
More frequent reports may be required for GRANTEES who are considered high risk.
17. All goods and services purchased with grant funds must be received by the GRANTEE within 60
days of the expiration of this award.
18. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties
Listing Service as required by Executive Order 12549, as defined in 2 CFR 180 et. seq. for
individuals, agencies, companies and corporations debar red or suspended from doing business
with recipients receiving Federal funds. The GRANTEE agrees not to do business with any
individual, agency, company or corporation listed in the Excluded Parties Listing Service.
Link: Excluded Parties Listing System http://sam.gov
19. No funds shall be used to supplant federal, state, county or local funds that would otherwise
be made available for such purposes. Supplanting means the deliberate reduction of State or
local funds because of the existence of Federal funds.
20. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations
to the extent that such violations concern materials or services applied by third parties to the
GRANTEE in exchange for grant funds provided under this Agreement.
21. The parties agree to use arbitration in the event of disputes in accordance with the provisions
of A.R.S. § 12-1501 et seq.
22. The laws of the State of Arizona apply to questions arising under this Agreement and any
litigation regarding this Agreement must be maintained in Arizona courts, except as provided in
paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration.
23. The GRANTEE understands that grant funds will not be released until all req uired reports and
reversion of funds from the prior year grant are submitted to the CITY.
High Intensity Drug Trafficking Area Grant Number HT-19-2925 Page 5
24. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold ha rmless the CITY (as
“Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses,
(including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising
out of bodily injury of any person (including de ath) or property damage, but only to the extent
that 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. If the GRANTEE is a State agency or entity, this
paragraph does not apply.
25. Unless GRANTEE’s contractor or subcontractor is a State agency or entity, GRANTEE shall
cause its contractor(s) and subcontractors, if any to indemnify def end, save and hold harmless
the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of
this Agreement, and their respective directors, officers, officials, agents, and employees from
and against any and all claims, acti ons, 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 GRANTEE’S 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 Worker’s 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 de cree. It is the specific intention of the parties
that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence
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. Insurance
requirements for any contractor used by GRANTEE are incorporated herein by th is reference
and attached to this Agreement as Exhibit “A”.
26. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent
possible and practical share criminal justice information with other authorized criminal justice
agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41-
1750 when sharing data with other criminal justice agencies as electronic data systems are
developed or improved.
27. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil
Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle
A, Title II of the Americans with Disabilitie s Act (ADA) (1990); Title IX of the Education
Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part
42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28
CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 2009-09 and
2007-21. These laws prohibit discrimination on the basis of race, color, religion, sex and
national origin including Limited English Proficiency (LEP) in the delivery of service. In the
event that a Federal or State court or Federal or State administrative agency makes a finding
of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward
a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY.
High Intensity Drug Trafficking Area Grant Number HT-19-2925 Page 6
28. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan
(EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they
have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or
certifications that they have prepared and have on file an EEOP, or that they are exempt from
EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds.
Copies of all submissions such as certifications to or correspondence with the Office fo r Civil
Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by
the GRANTEE.
29. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented
in 2 CFR Part 182.
30. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Form (I-9). This form is to be used by recipients to verify that persons are
eligible to work in the United States. Additionally the GRANTEE ensures compliance with
Executive Order 2005-30 federal immigration laws by state employers and contractors.
31. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to
the CITY within ten (10) days in the event that the project official is replaced during the award
period.
32. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written
approval of the CITY.
33. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement
shall be in any way or to any extent engaged in con duct of political activities in violation of
U.S.C. Title 5, Part II, Chapter 15, Section 1502.
34. The GRANTEE certifies that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement.
35. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and for the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid
to any person for influencing or attempting to influence an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal award, grant loan, or
cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form -
LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions
High Intensity Drug Trafficking Area Grant Number HT-19-2925 Page 7
36. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511.
37. This Agreement may be cancelle d at the CITY’s discretion if not returned with authorized
signatures to the CITY within 90 days of commencement of the award.
38. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be
affected thereby and all other pa rts of this Agreement shall be in full force and effect.
39. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the
Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA
operations.
40. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all
federal immigration laws and regulations relating to employees and warrants compliance with
A.R.S. § 23-214A.
High Intensity Drug Trafficking Area Grant Number HT-19-2925 Page 8
IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
Signature Date
Printed Name and Title
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board
or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if
applicable, resolutions and meeting minutes must be forwarded to the CITY wi th the signed
Agreement.
Approved as to form and authority to enter into Agreement:
Legal counsel for GRANTEE Date
Printed Name and Title
INDICATE STATUTORY OR OTHER LEGAL AUTHORITY TO ENTER AGREEMENT BELOW:
Appropriate A.R.S., ordinance, or charter reference
FOR CITY OF TUCSON:
Chris Magnus, Chief of Police Date
City of Tucson Police Department
Principal Assistant City Attorney Date
City of Tucson Police Department
Approved as to form
CITY OF TUCSON
GRANT AGREEMENT
Insurance Requirements
Exhibit “A”
Insurance Requirements for Governmental Parties to a Grant Agreement:
None.
Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement:
(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity
covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that
the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, his
agents, representatives , employees or subcontractors, and Contractor and the governmental entity are
free to purchase additional insurance.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits
of liability not less than those stated below.
1. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal injury and broad form
contractual liability.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Blanket Contractual Liability – Written and Oral $1,000,000
• Fire Legal Liability $50,000
• Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insureds with respect to
liability arising out of the activities performed by or on behalf of the
Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
b. Policy shall contain a waiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
Exhibit “A” Page 2
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “The City of Tucson, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and
employees shall be named as additional insured with respect to
liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed
by the Contractor".
(Note that the other governmental entity(ies) is/are also required to be
additional insured(s) and they should supply the Contractor with their own list
of persons to be insured.)
3. Worker's Compe nsation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $500,000
Disease – Each Employee $500,000
Disease – Policy Limit $1,000,000
a. Policy shall contain a w aiver of subrogation against the City of Tucson, its
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or
on behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. 23-901, AND when such contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.
B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to
contain, the following provisions:
1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees and the other governmental entity shall be additional insureds to
the full limits of liability purchased by the Contractor even if those limits of liability are in excess
of those required by the Contract.
2. The Contractor's insurance coverage shall be primary insurance with respect to all ot her available
sources.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by
the Contractor shall not be limi ted to the liability assumed under the indemnification provisions of
its Contract with the other governmental entity(ies) party to the Grant Agreement.
Exhibit “A” Page 3
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance pr ovisions of this
Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after
thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent
directly to the GRANTEE and shall be sent by certified mail, return receipt requested.
D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non -
admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A - VII. The City
of Tucson in no way warrants that the above -required minimum insurer rating is sufficient to protect
the Contractor from potential insurer insolvency.
E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of
insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract.
The certificates for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf.
All certificates and endorsements are to be received and approved before work commences. Each
insurance policy required by this Contract must be in effect at or prior to commencement of work
under this Contract and remain in effect for the duration of the project. Failure to maintain the
insurance policies as required by this Contract, or to provide evidence of renewal, is a material
breach of contract.
All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s
project/contract number and project description are to be noted on the certificate of insurance. The
City of Tucson reserves the right to require complete, certified copies of all insurance policies
required by this Contract at any time . DO NOT SEND CERTIFICATES OF INSURANCE TO THE
CITY OF TUCSON’S RISK MANAGEMENT SECTION.
F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under
its policies or Contractor shall furnish to the county or local government agency responsible separate
certificates for each subcontra ctor. All coverage’s for subcontractors shall be subject to the minimum
requirements identified above.
G. APPROVAL: Any modification or variation from the insurance requirements must have prior
approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such
action will not require a formal contract amendment, but may be made by administrative action.
H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the
Insurance Requirements sha ll not apply. Such public entity shall provide a Certificate of Self -
Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission,
or university then none of the above shall apply.
CITY OF TUCSON
HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
GRANT AGREEMENT
Confidential Funds Certification
Exhibit “B”
CONFIDENTIAL FUNDS CERTIFICATION
1) This is to certify that I have read, understand, and agree to abide by all of the
conditions for confidential funds as set forth in the effective edition of the Office of
National Drug Control Policy Financial and Administrative Guide.
2) My agency is/ is not authorized to disburse confidential funds.
Grant Number: HT 19-2925
Date: _____________________ Signature: ___________________________
Authorized Official
PROCEDURES
Each project agency authorized to disburse confidential funds must develop and follow
internal procedures, which incorporate the following elements:
Deviations from these elements must receive prior approval of the ONDCP.
1. Imprest Fund. The funds authorized will be established in an imprest fund, which is
controlled by a bonded cashier.
2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned
must authorize all advances of funds for the P/I. Such authorization must specify the
information to be received, the amount of expenditures, and assumed name of the
informant.
3. Informant Files: Informant files are confidential files of the true names, assumed
names, and signature of all informants to whom payments of confidential
expenditures have been made. To the extent possible, pictures and/or fingerprints of
the informant payee should also be maintained. Refer to Informant Files
“Documentation” (2) for a list of required documents for the informant files.
4. Cash Receipts.
a. The cashier shall receive from the agent or officer authorized to make a
confidential payment, receipt for cash advanced to him/her for such purposes.
b. The agent or officer shall receive from the informant payee a receipt for cash paid
to him/her.
Exhibit “B” Page 2
5. Receipts for Purchase of Information . An Informant Payee Receipt shall identify the
exact amount paid to and received by the informant payee on the date executed.
Cumulative or anticipatory receipts are not permitted. Once the receipt has been
completed no alteration is allowed. The agent shall prepare an Informant Payee
Receipt containing the fo llowing information:
a. The jurisdiction initiating the payment.
b. A description of the information/evidence received.
c. The amount of payment, both in numeral and word form.
d. The date on which the payment was made.
e. The signature of the informant payee.
f. The signature of the case agent or officer making payment.
g. The signature of at least one other officer witnessing the payment.
h. The signature of the first-line supervisor authorizing and certifying the payment.
6. Review and Certification. The signed Informant Payee Receipt with a
memorandum detailing the information received shall be forwarded to the agent or
officer in charge. The agent or officer in charge shall compare the signatures.
He/she shall also evaluate the information rece ived in relation to the expense
incurred, and add his/her evaluation remarks to the report of the agent or officer
who made the expenditure from the imprest funds. The certification will be
witnessed by the agent or officer in charge on the basis of the re port and Informant
Payee’s Receipt.
7. Reporting of Funds. Each project shall prepare a reconciliation report on the
imprest funds on a quarterly basis. Information to be included in the reconciliation
report will be the assumed name of the informant pay ee, the amount received, the
nature of the information given, and to what extent this information contributed to
the investigation. Recipients/subrecipients shall retain the reconciliation report in
their files and shall be available for review unless the State agency requests that the
report be submitted to them on a quarterly basis.
8. Record and Audit Provisions. Each project and member agency must maintain
specific records of each confidential fund transaction. At a minimum, these records
must consist of all documentation concerning the request for funds, processing (to
include the review and approve/disapprove), modifications, closure or impact
material, and receipts and/or other documentation necessary to justify and track all
expenditures. Refer to I nformant Files Documentation (2) for a list of documents,
which should be in an informant’s file. In projects where funds are used for
confidential expenditures, it will be understood that all of the above records, except
the true name of the informant, ar e subject to the record and audit provision of
grantor agency legislation.
Exhibit “B” Page 3
INFORMANT FILES
1. Security. A separate file should be established for each informant for accounting
purposes. Informant files should be kept in a separ ate and secure storage facility,
segregated from any other files, and under the exclusive control of the supervisor or an
employee designated by him/her. The facility should be locked at all times when
unattended. Access to these files should be limited to those employees who have a
necessary legitimate need. An informant file should not leave the immediate area
except for review by a management official or the handling agent, and should be
returned prior to the close of business hours. Sign -out logs should be kept indicating
the date, informant number, time in and out, and the signature of the person reviewing
the file.
2. Documentation. Each file should include the following information:
a. Informant Payment Record - kept on top of the file. This recor d provides a
summary of informant payments.
b. Informant Establishment Record - including complete identifying and location
data, plus any other documents connected with the informant’s establishment.
c. Current photograph and fingerprint card (or FBI/State Criminal Identification
Number).
d. Agreement with cooperating individual.
e. Receipt for P/I.
f. Copies of all debriefing reports (except for the Headquarters case file).
g. Copies of case initiation reports bearing on the utilization of the informant
(except for the Headquarters case file).
h. Copies of statements signed by the informant (unsigned copies will be
placed in appropriate investigative files).
i. Any administrative correspondence pertaining to the informant, includin g
documentation of any representations made on his behalf or any other
nonmonetary considerations furnished.
j. Any deactivation report or declaration of any unsatisfactory informant.
INFORMANT MANAGEMENT AND UTILIZATION
All persons who will be utilized as informants should be established as such. The
specific procedures required in establishing a person as an informant may vary from
jurisdiction to jurisdiction but, at a minimum, should include the following:
1. Assignment of an informant code name to protect the informant’s identity.
Exhibit “B” Page 4
2. An informant code book controlled by the supervisor or his/her designee
containing:
a. Informant’s code number.
b. Type of information (i.e. informant, defendant/informant, restri cted
use/informant).
c. Informant’s true name.
d. Name of establishing law enforcement officer.
e. Date the establishment is approved.
f. Date of deactivation.
3. Establish each informant file in accordance with Informant File Documentation (2).
4. For each informant in an active status, the agent should review the informant file
on a quarterly basis to assure it contains all relevant and current information. Where
a MATERIAL face that was earlier reported on the Establishment Record is no longe r
correct (e.g. a change in criminal status, means of locating him/her, etc.), a
supplemental establishing report should be submitted with the correct entry.
5. All informants being established should be checked in all available criminal
indices. If verified FBI number is available, request a copy of the criminal records
from the FBI. Where a verified FBI number is not available, the informant should be
fingerprinted with a copy sent to the FBI and appropriate State authorities for
analysis. The informant may be utilized on a provisional basis while awaiting a
response from the FBI.
PAYMENTS TO INFORMANTS
1. Any person who is to receive payments charged against PE/PI funds should be
established as an informant. This includes a person who may otherwise be
categorized as sources of information or informants under the control of another
agency. The amount of payment should be commensurate with the value of services
and/or information provided and should be based on the following factors:
a. The level of the targeted individual, organization or operation.
b. The amount of the actual or potential seizure.
c. The significance of the contribution made by the informant to the desired
objectives.
2. There are various circumstances in which payments to infor mants may be made.
a. Payments for Information and/or Active Participation. When an informant
assists in developing an investigation, either through supplying information or
actively participating in it, he/she may be paid for his/her service either in a lump
sum or in staggered payments. Payments for information leading to a seizure,
with no defendants, should be held to a minimum.
Exhibit “B” Page 5
b. Payment for Informant Protection. When an informant needs protection, law
enforcement agencies may absorb the expenses of relocation. These expenses
may include travel for the informant and his/her immediate family, movement
and/or storage of household goods, and living expense at the new location for a
specific period of time (not to exceed 6 month s). Payments should not exceed
the amounts authorized by law enforcement employees for these activities.
c. Payments to Informants of Another Agency. To use or pay another agency’s
informant, he/she should be established as an informant. These payments
should not be a duplication of a payment from another agency; however, sharing
a payment is acceptable.
3. Documentation of payments to informants is critical and should be accomplished on a
Informant Payee Receipt. Payment should be made and witnessed by two law
enforcement officers and authorized payment amounts should be established and
reviewed by at least the first line supervisory level. In unusual circumstances, a non -
officer employee or an officer of another law enforcement agency may serve as
witness. In all instances, the original signed receipt must be submitted to the project
director for review and record keeping.
ACCOUNTING AND CONTROL PROCEDURES
Special accounting and control procedures should govern the use and handling of
confidential expenditures, as described below:
1. It is important that expenditures which conceptually should be charged to PE/PI/PS
are so charged. It is only in this manner that these funds may be properly managed
at all levels, and accurate forecasts of projected n eeds be made.
2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its
jurisdiction and delegate authority to approve PE/PI/PS expenditures to those
offices, as it deems appropriate.
3. Headquarters management should establ ish guidelines authorizing offices to spend
up to a predetermined limit of their total allowance on any buy or investigation.
4. In exercising his/her authority to approve these expenditures, the supervisor should
consider:
a. The significance of the investigation.
b. The need for this expenditure to further the investigation.
c. Anticipated expenditures in other investigations.
Exhibit “B” Page 6
Funds for PE/PI/PS expenditures should be advanced to the officer for a specific
purpose. If they are not expended for that purpose, they should be returned to the
cashier. They should not be used for another purpose without first returning them and
repeating the authorization and advance process based on the new purpose.
5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt
form. Informant Payee Receipt or a voucher for P/E should be completed to
document funds used in the purchase of evidence or funds paid or advanced to an
informant.
6. For security purp oses there should be a 48 -hour limit on the amount of time funds
advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent
at any point within the 48 -hour period that the expenditure will not materialize, the
funds should be returned to the cashier as soon as possible. An extension of the 48 -
hour limit may be granted by the level of management that approved the advance.
Factors to consider in granting such an extension are:
a. The amount of funds involved.
b. The degree of securi ty under which the funds are being held.
c. How long an extension is required.
d. The significance of the expenditure.
Such extensions should be limited to 48 hours. Beyond this, the funds should be
returned and readvanced, if necessary. Regardless of circumstances, within 48 hours
of the advance, the cashier should be presented with either the unexpended funds,
an executed Informant Payee Receipt or purchase of evidence or written notification
by management that an extension has been granted.
7. P/S expenditures, when not endangering the safety of the officer or informant, need
to be supported by canceled tickets, receipts, lease agreements, etc. If not available,
the supervisor, or his immediate subordinate, must certify that the expenditures
were necessary and justify why supporting documents were not obtained.
Town Council Regular/Study Session 1.
Meeting Date:07/17/2019
Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 6
(BAR) LIQUOR LICENSE FOR ALL SEASONS OF ORO VALLEY, LOCATED AT 1734 E. INNOVATION PARK
DRIVE
RECOMMENDATION:
Staff recommends approval of this liquor license to the Arizona Department of Liquor Licenses and Control for the
following reasons:
1. No protests to this license have been received.
2. The necessary background investigation was conducted by the Police Department.
3. The Police Department has no objection to the approval of the Series 6 Liquor License.
EXECUTIVE SUMMARY:
An application for a new Series 6 (Bar) Liquor License has been submitted by Owner/Agent Ryan Witner
Anderson for All Seasons of Oro Valley, located at 1734 E. Innovation Park Drive.
Mr. Anderson has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of
Liquor Licenses and Control, and has paid all related fees associated with applying for the liquor license ($500
Application Processing Fee).
The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, is
responsible for reviewing and processing state liquor applications. After meeting the DLLC's application and review
requirements, the liquor license application is sent to the jurisdiction in which it is located for a public hearing and a
recommendation from the local governing body.
BACKGROUND OR DETAILED INFORMATION:
This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to
be consumed on the premises and in the original container for consumption on or off the premises. A retailer with
off-sale ("To Go") privileges may deliver spirituous liquor off the licensed premises in connection with a retail sale.
A.R.S. 4-206.01.F states that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment
must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made
on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the
ones provided for the bar.
In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the
premises of the applicant's property, ending June 20, 2019. No protests were received during this time period.
Police Chief Daniel G. Sharp completed a standard background check on All Seasons of Oro Valley and
Owner/Agent Ryan Witner Anderson. Chief Sharp has no objection to the approval of the Series 6 (Bar) License.
Owner/Agent Ryan Witner Anderson. Chief Sharp has no objection to the approval of the Series 6 (Bar) License.
FISCAL IMPACT:
Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to
cover the costs incurred by the Town to process the application.
Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in
spirituous liquor within the Town shall pay an annual license fee of $80 to the Town.
SUGGESTED MOTION:
I MOVE to (RECOMMEND or DENY) approval of the issuance of a Series 6 Liquor License to the Arizona
Department of Liquor Licenses and Control for Ryan Witner Anderson for All Seasons of Oro Valley, located at
1734 E. Innovation Park Drive.
Attachments
PD Letter - Application - Series 6 Description
Town Council Regular/Study Session 2.
Meeting Date:07/17/2019
Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A NEW
SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CHARRED PIE WOOD FIRED PIZZA KITCHEN, LOCATED
AT 12125 N. ORACLE ROAD, STE 105
RECOMMENDATION:
Staff recommends approval of this liquor license to the Arizona Department of Liquor Licenses and Control for the
following reasons:
1. No protests to this license have been received.
2. The necessary background investigation was conducted by the Police Department.
3. The Police Department has no objection to the approval of the Series 12 Liquor License.
EXECUTIVE SUMMARY:
An application for a new Series 12 (Restaurant) Liquor License has been submitted by Owner/Agent Lisa Louise
Shapouri for Charred Pie Wood Fired Pizza Kitchen, located at 12125 N. Oracle Road, Ste #105.
Ms. Shapouri has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of
Liquor Licenses and Control, and has paid all related fees associated with applying for the liquor license ($500
Application Processing Fee).
The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, is
responsible for reviewing and processing state liquor applications. After meeting the DLLC's application and review
requirements, the liquor license application is sent to the jurisdiction in which it is located for a public hearing and a
recommendation from the local governing body.
BACKGROUND OR DETAILED INFORMATION:
This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and
serve spirituous liquor solely for consumption on the premises of an establishment, which derives at least 40% of its
gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the
license.
In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the
premises of the applicant's property, ending June 20, 2019. No protests were received during this time period.
Police Chief Daniel G. Sharp completed a standard background check on Charred Pie Wood Fired Pizza
Kitchen and Owner/Agent Lisa Louise Shapouri. Chief Sharp has no objection to the approval of the Series 12
(Restaurant) License.
FISCAL IMPACT:
Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to
cover the costs incurred by the Town to process the application.
Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in
spirituous liquor within the Town shall pay an annual license fee of $80 to the Town.
SUGGESTED MOTION:
I MOVE to (RECOMMEND or DENY) approval of the issuance of a Series 12 Liquor License to the Arizona
Department of Liquor Licenses and Control for Lisa Louise Shapouri for Charred Pie Wood Fired Pizza Kitchen,
located at 12125 N. Oracle Road, Ste 105.
Attachments
PD Letter - Application - Series 12 Description
Town Council Regular/Study Session 1.
Meeting Date:07/17/2019
Requested by: J.J. Johnston
Submitted By:J.J. Johnston, Community and Economic Development
Department:Community and Economic Development
SUBJECT:
PRESENTATION BY THE ARIZONA COMMERCE AUTHORITY, SUN CORRIDOR, INC. AND PIMA COUNTY
ECONOMIC DEVELOPMENT STAFF AND POSSIBLE DISCUSSION REGARDING ECONOMIC DEVELOPMENT
ACTIVITIES
RECOMMENDATION:
This item is for presentation and discussion only.
EXECUTIVE SUMMARY:
Representatives from the Arizona Commerce Authority, Sun Corridor, Inc. and Pima County Economic
Development will present brief overviews of their organizations, and provide summaries of the sources and types of
new business development leads that are considering Arizona as a potential location. The presentations will be
focused toward the interests of Oro Valley, in which the Town Council will subsequently have an opportunity to ask
questions and learn more about how these three organizations work with the Town's economic development team.
BACKGROUND OR DETAILED INFORMATION:
Councilmember Rhonda Piña recently met with Gary Abrams, board member of the Arizona Commerce Authority
(ACA), to learn more about the ACA programs and activities in the Tucson region. During this meeting and
subsequent discussions with Mayor Winfield, Town Manager Mary Jacobs and Economic Development Director J.J.
Johnston, it was suggested a Town Council briefing from the ACA, Sun Corridor, Inc. and Pima County Economic
Development regarding the Town's working relationships with these three organizations would be beneificial to the
elected body.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
This item is for presentation and discussion only.
Attachments
No file(s) attached.