Loading...
HomeMy WebLinkAboutPackets - Council Packets (1199)       *AMENDED (9/27/19, 3:00 PM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 2, 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 Statues §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER   ROLL CALL   *EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(3), (A)(4) and (A)(7) for legal advice with the Town attorneys, discussion and consultation with those attorneys and designated Town representatives, and possible instruction to those attorneys and designated representatives about the documents, recorded filings, and/or agreements related to the Town golf, tennis and recreational operations   RESUME REGULAR SESSION AT OR AFTER 6:00 PM   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          CONSENT AGENDA (Consideration and/or possible action)   A.Minutes - September 11 and September 18, 2019   B.Resolution No. (R)19-48, authorizing and approving Grant Contract No. 2019-405d-027 between the Oro Valley Police Department and the Governor’s Office of Highway Safety (GOHS) for funding DUI/Impaired Driving Enforcement overtime and employee related expenses, materials and supplies   C.Resolution No. (R)19-49, authorizing and approving a Grant Contract No. 2020-PTS-039 between the Oro Valley Police Department and the Governor's Office of Highway Safety for funding Special Traffic Enforcement Program (STEP) overtime, employee related expenses, materials and supplies   D.Resolution No. (R)19-50, authorizing the appointment of the Town's Chief Financial Officer to the Town of Oro Valley Public Safety Personnel Retirement System (PSPRS) Local Board   REGULAR AGENDA   1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR 3 PALMS HOTEL TUCSON, LOCATED AT 7411 N ORACLE ROAD   2.DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN OF ORO VALLEY COMMUNITY CENTER AND GOLF OPERATIONS (Attachments added on 9/27/19 at 3:00 p.m.)   3.DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO INITIATE EFFORTS TO REZONE ALL OR SOME OF THE TOWN OWNED GOLF COURSES   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 The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 9/25/19 at 5:00 p.m. by pp AMENDED AGENDA POSTED: 9/27/19 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 Session A. Meeting Date:10/02/2019   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - September 11 and September 18, 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 September 11 and September 19, 2019 minutes.  Attachments 9-11-19 Draft Minutes  9-18-19 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION SEPTEMBER 11, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE   Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Joyce Jones-Ivey, Councilmember Rhonda Piña, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember Absent: Josh Nicolson, Councilmember   SPECIAL SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 6:00 p.m.   ROLL CALL   SPECIAL SESSION AGENDA   EXECUTIVE SESSION - 1. Pursuant to ARS 38-431.03(A)(1), (A)(3) and (A)(4) about Police Chief and/or the recruitment process therefore 2. Pursuant to ARS 38-431.03(A)(3), (A)(4) and (A)(7) for legal advice with the Town attorneys, discussion and consultation with those attorneys and designated Town representatives, and possible instruction to those attorneys and designated representatives about the agreements related to the Town golf, tennis and recreational operations.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Joyce Jones-Ivey to go into Executive Session at 6:03 p.m. pursuant to ARS 38-431.03(A)(1), (A)(3) and (A)(4) about Police Chief and/or the recruitment process therefore and pursuant to ARS 38-431.03(A)(3), (A)(4) and (A)(7) for legal advice with the Town attorneys, discussion and consultation with those attorneys and designated Town representatives, and possible instruction to those attorneys and designated representatives about the agreements related to the Town golf, tennis and recreational operations.  Vote: 6 - 0 Carried    Absent: Councilmember Josh Nicolson Mayor Winfield announced the following staff members would be joining Council in first Executive Session: Town Manager Mary Jacobs, Assistant Town Manager Chris Cornelison, Human Resources Director Chris Brady, Police Chief Daniel Sharp, Town Attorney Gary Cohen and Town Clerk Mike Standish. 9-11-19 Minutes, Town Council Special Session 1  Mayor Winfield announced the following staff members would be joining Council in the second Executive Session: Town Manager Mary Jacobs, Assistant Town Manager Chris Cornelison, Town Attorney Gary Cohen and Town Clerk Mike Standish.   RESUME SPECIAL SESSION    Mayor Winfield reconvened the Special Session at 7:11 p.m.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Bill Rodman to adjourn the meeting at 7:12 p.m.  Vote: 7 - 0 Carried     ___________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 11th day of September 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 9-11-19 Minutes, Town Council Special Session 2  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 18, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 6:00 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Rhonda Piña, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember PLEDGE OF ALLEGIANCE    Boy Scout Troop 270 presented the colors and led the audience in the Pledge of Allegiance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town meetings.   COUNCIL REPORTS    Councilmember Jones-Ivey recognized Cail Davis, a Senior at Ironwood Ridge High School, for his outstanding academic and extra-curricular achievements and his service to the community.    Vice-Mayor Barrett reported that the new drinking fountains at Naranja Park are getting a lot of use. Ms. Barrett also reported on the recent activities of the Parks and Recreation Advisory Board, and recognized Kristy Diaz-Trahan for her leadership with the Town and as the acting President of the Arizona Parks and Recreation Association.   TOWN MANAGER'S REPORT    Town Manager Mary Jacobs recognized citizens for their diligent efforts following the detours for the 9-18-19 Minutes, Town Council Regular Session 1   Town Manager Mary Jacobs recognized citizens for their diligent efforts following the detours for the Moore and La Cañada Road round-about construction. Ms. Jacobs also reported that she and the Town Attorney will be meeting with HSL to discuss the potential of transitioning the Pusch Nine Golf Course to HSL for operations. Constituent Services Coordinator / Management Assistant Jessica Hynd introduced the following recently elected Youth Advisory Council officers: President- Ethan Woodard Vice President- Mykaela Salvacion Secretary- Emily Pickard Historian- Faith Kirkland Treasurer- Quincy Carrillo   ORDER OF BUSINESS    Mayor Winfield re-organized the agenda as follows: Regular Agenda item #2 would be heard first. The remaining items would fall in order.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Jen Lefevre spoke regarding community. Oro Valley resident John Masenheimer spoke in support of the Oro Valley golf courses. Oro Valley resident George Lindsay spoke in support of the Oro Valley golf courses and regarding treated waste water on the golf courses. Oro Valley resident Chuck Milhiser spoke in support of the Oro Valley golf courses and the American with Disabilities Act in conjunction with the golf courses. Oro Valley resident Susan Pearcy spoke in support of the Oro Valley golf courses and Project Graduation. Oro Valley resident Jeff Weir spoke in support of the Oro Valley golf courses. Oro Valley resident Lisa Peebles spoke in support of the Oro Valley golf courses. Oro Valley resident Fred Swiderski spoke in support of the Oro Valley golf courses. Oro Valley resident Trish Chilton spoke regarding the Oro Valley golf courses. Oro Valley resident Donna Shaw spoke regarding the Oro Valley golf courses. Oro Valley resident Philip Greim spoke regarding risk management for the Oro Valley golf courses. Oro Valley resident David Hriczak spoke regarding his observations regarding the Oro Valley golf courses. Oro Valley resident Steve Pollyea spoke regarding the Oro Valley golf courses. 9-18-19 Minutes, Town Council Regular Session 2  Oro Valley resident Jane Levin spoke regarding the Oro Valley golf courses. Oro Valley resident Diane Zorilla spoke in support of the Oro Valley golf courses. Oro Valley resident Dr. Erich Bock spoke in support of the Oro Valley golf courses. Oro Valley resident Mike Zinkin spoke regarding government operations. Oro Valley resident Eileen Eagar spoke in support of the Oro Valley golf courses. Mayor Winfield recessed the meeting at 7:10 p.m. Mayor Winfield reconvened the meeting at 7:23 p.m.   PRESENTATIONS   1.Presentation and possible discussion of the Town's Fiscal Year 2018/19 Financial Update through June 2019 (year-end, unaudited)       Interim Chief Financial Officer Kevin Artz presented the Fiscal Year 2018/19 Financial Update through June 2019 and included the following: General Fund General Fund Highlights - Revenues General Fund Highlights - Expenditures Highway Fund Highway Fund Highlights Community Center Fund Community Center Fund Highlights Discussion ensued amongst Council and staff regarding item #1.   2.Presentation and possible discussion of the Town's Fiscal Year 2019/20 Financial Update through July 2019       Interim Chief Financial Officer Kevin Artz presented the Fiscal Year 2019/20 Financial Update through July 2019 and included the following: General Fund General Fund Highlights Highway Fund Highway Fund Highlights Community Center Fund Community Center Fund Highlights   9-18-19 Minutes, Town Council Regular Session 3         CONSENT AGENDA   A.Minutes - September 4, 2019      B.Resolution No. (R)19-45, authorizing and directing the dissolution of the Town of Oro Valley Municipal Property Corporation      C.Request for approval of a Final Plat for Phase 3 of the Villages at Silverhawke residential subdivision, located north of East Palisades Road and approximately 1/4 mile east of North 1st Avenue      D.Request for approval of a Final Plat for a 27-lot residential subdivision located near the northwest corner of Tangerine Road and La Cañada Drive, adjacent to Leman Academy       Motion by Councilmember Bill Rodman, seconded by Councilmember Joyce Jones-Ivey to approve Consent agenda items (A) - (D).  Vote: 7 - 0 Carried   REGULAR AGENDA   1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING THREE ITEMS RELATED TO A PROPOSED SELF-STORAGE, BUSINESS CENTER AND OFFICES, LOCATED ON THE NORTHWEST CORNER OF ORACLE ROAD AND CALLE CONCORDIA A: ORDINANCE NO. (O)19-08, PROPOSED REZONING FROM LARGE-LOT RESIDENTIAL (R1-144) TO TECHNOLOGICAL PARK (T-P) B: RESOLUTION NO. (R)19-46, PROPOSED CONDITIONAL USE PERMIT TO ALLOW A BUILDING SIZE OVER 15,000 SQUARE FEET C: RESOLUTION NO. (R)19-47, PROPOSED CONDITIONAL USE PERMIT FOR THE SELF-STORAGE USE       Senior Principal Planner Milini Simms presented item #2 and included the following: Purpose Rezoning Request Alignment with the General Plan Tentative Development Plan Increased Building Size Technological Park Architectural Design Architectural Design Self-Storage Use Impact on Tech-Park Uses Employment Space in T-P General Plan Conformance Public Participation Planning and Zoning Commission Summary and Key Factors Recommendation Planning Manager Bayer Vella provided an overview of the new state law and testimony regarding rezonings to Town Council. Discussion ensued amongst Council and staff regarding item #2. 9-18-19 Minutes, Town Council Regular Session 4     Representative from the Planning Center Brian Underwood continued the presentation of item #2 and included the following: Storage Facilities are Utilized for both Personal and Business use Foothills Business Park Developable Area Logistics Project Goal Draft Comprehensive Economic Development Strategy (CEDS) 2018-2023 Tentative Development Plan Benefits of Virtual Office Space and Solopreneurs / Freelancers Economic Impact Town of Oro Valley Major Employers Neighborhood Feedback Summary Mayor Winfield opened the public hearing. The following individuals spoke in support of item #2. Oro Valley resident Charlie Bowles - Not within 300 ft. Oro Valley resident Ross Lamberson - Not within 300 ft. Oro Valley resident Andy Gibbs - Not within 300 ft. Oro Valley resident Twink Monrad - Not within 300 ft. Oro Valley resident Greg Keshi - Not within 300 ft. Oro Valley resident and president and CEO of the Greater Oro Valley Chamber of Commerce Dave Perry - Not within 300 ft. Albert Moussa - Within 300 ft. The following individual spoke regarding item #2. Oro Valley resident Aldee Rose - Not within 300 ft. Mayor Winfield closed the public hearing. Discussion ensued amongst Council, staff and the applicant regarding item #2.    Motion by Councilmember Bill Rodman, seconded by Councilmember Rhonda Piña to conditionally approve Ordinance (O)19-08, to rezone the property located on the northwest corner of Oracle Road and Calle Concordia from R1-144 to Technological Park, subject to the conditions in Attachment 1, Exhibit B, except for paragraph 5 which shall be deleted, removing the following language: Only if a Conditional Use Permit for a self-storage use is approved, the thirteen(13) executive office suites, as shown on the Tentative Development Plan, shall be maintained for ten (10) years or until fifty percent (50%) of the adjacent property (north of the site) is developed; whichever occurs first, based on the finding the request is in conformance with the Town of Oro Valley Zoning Code and the Voice, Our Future General Plan:  Vote: 4 - 3 Carried  OPPOSED: Mayor Joseph C. Winfield  Vice-Mayor Melanie Barrett  Councilmember Josh Nicolson    Motion by Councilmember Bill Rodman, seconded by Councilmember Steve Solomon to conditionally 9-18-19 Minutes, Town Council Regular Session 5   Motion by Councilmember Bill Rodman, seconded by Councilmember Steve Solomon to conditionally approve Resolution No. (R)19-46, a Conditional Use Permit to allow a building size over 15,000 square feet, subject to the condition in Attachment 2, Exhibit A, based on the finding the request is in conformance with the Town of Oro Valley Zoning Code and Your Voice, Our Future General Plan.  Vote: 7 - 0 Carried    Motion by Councilmember Bill Rodman, seconded by Councilmember Steve Solomon to conditionally approve Resolution No. (R)19-47, a Conditional Use Permit to allow a self-storage use, subject to the conditions in Attachment 3, Exhibit A, removing condition #3 with the following language; The business hours for self-storage only shall be limited to 6:00 AM- 7:00 PM, with after hour access, accessible only by key card or similar security measure, allowed until 11:00 PM, based on the finding the request is in conformance with the Town of Oro Valley Zoning Code and Your Voice, Our Future General Plan. Remove the restricted hours stipulation. Discussion ensued amongst Council, staff and applicant regarding item #2C  Vote: 7 - 0 Carried    Mayor Winfield recessed the meeting at 10:01 p.m. Mayor Winfield reconvened the meeting at 10:10 p.m.   2.DISCUSSION AND POSSIBLE ADOPTION OF THE REVISED COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS)       Community and Econmic Development Director JJ Johnston presented item #1 and included the following: CEDS Plan Overarching Goals Initial Priorities Process CEDS Updates Summary and Recommendation Discussion ensued amongst Council and staff regarding item #1.    Motion by Councilmember Bill Rodman, seconded by Councilmember Rhonda Piña to adopt the Comprehensive Economic Development Strategy (CEDS) as presented.  Vote: 7 - 0 Carried   FUTURE AGENDA ITEMS    No future agenda items were requested.   CALL TO AUDIENCE    No comments were received.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Bill Rodman to adjourn the meeting at 10:48 p.m. 9-18-19 Minutes, Town Council Regular Session 6   Vote: 7 - 0 Carried     ___________________________ 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 18th day of September 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 9-18-19 Minutes, Town Council Regular Session 7     Town Council Regular Session B. Meeting Date:10/02/2019   Requested by: John Teachout Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)19-48, authorizing and approving Grant Contract No. 2019-405d-027 between the Oro Valley Police Department and the Governor’s Office of Highway Safety (GOHS) for funding DUI/Impaired Driving Enforcement overtime and employee related expenses, materials and supplies RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: In February 2019, an application was submitted to the GOHS for DUI enforcement overtime and employee related expenses, materials and supplies. As a result, the Police Department has been awarded $32,116 in grant capacity.  BACKGROUND OR DETAILED INFORMATION: On August 9, 2019, the Police Department received Contract No. 2020-405d-027, entitled "DUI/Impaired Driving Enforcement," awarding $32,116 in grant funding for overtime and employee related expenses, materials and supplies. This contract funding can be utilized after October 1, 2019, which is the beginning of the 2020 federal fiscal year. FISCAL IMPACT: The approved FY 2019/20 budget includes the capacity, in the appropriate category, for this awarded funding. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)19-48, authorizing and approving Grant Contract No. 2020-405d-027 between the Oro Valley Police Department and the Governor’s Office of Highway Safety for funding DUI/Impaired Driving Enforcement overtime and employee related expenses, materials and supplies. Attachments (R)19-48 Resolution DUI Enforcement  GOHS Contract 2020-405d-027  RESOLUTION NO. (R)19-48 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF ORO VALLEY POLICE DEPARTMENT AND THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING PERSONNEL SERVICES (OVERTIME), EMPLOYEE RELATED EXPENSES AND MATERIALS AND SUPPLIES (PBT’S) TO ENHANCE DUI ENFORCEMENT; 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, Highway Safety Funds are used to support State and community programs to reduce deaths and injuries on the highways. Section 40 5d of the Highway Safety Act sets forth the minimum requirements with which each state’s highway safety program must comply, and provides a minimum level of funding for local programs each fiscal year; and WHEREAS, the Town applied for and was granted a G.O.H.S. grant contract from Section 405d funds to fund personnel services (Overtime) and employee related expenses, and materials and supplies (PBT’s) to enhance DUI enforcement ; and WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant contract, attached hereto as Exhibit “A” and incorporated herein by this reference, for the purposes of furthering public safety within 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 Town Manager and Chief of Police are authorized to enter into and execute the Highway Safety Grant Contract between the Governor’s Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby authorized and approved. SECTION 2. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Town Council of the To wn of Oro Valley, Arizona, this 2nd day of October, 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 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY CONTRACT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A3752030000405dAZM Assistance Listings: 20.616 1. APPLICANT AGENCY GOHS CONTRACT NUMBER: Oro Valley Police Department 2020-405d-027 ADDRESS PROGRAM AREA: 11000 North La Canada, Oro Valley AZ 85737 405d 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley John Teachout ADDRESS 3. PROJECT TITLE: 11000 North La Canada, Oro Valley AZ 85737 DUI/Impaired Driving Enforcement, and Materials and Supplies – PBT’s 4. GUIDELINES: 405d 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 405d funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: PBT's to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. 6. BUDGET COST CATEGORY Project Period FFY 2020 I. Personnel Services $21,429.00 II. Employee Related Expenses (40%) $8,571.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $2,116.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $32,116.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2020 CURRENT GRANT PERIOD FROM: 10-01-2019 TO: 09-30-2020 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $32,116.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Contract. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 100 Total Population in city/town or county: 43,781 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: The Oro Valley Police Department (OVPD) has 11 full-time officers assigned to traffic enforcement functions; one supervisor, three assigned to DUI enforcement, one traffic investigator, one traffic officer and six solo motor officers. OVPD staffed a DUI enforcement officer from calendar year 17 to 18 demonstrating the commitment to traffic safety and DUI abatement. OVPD has conducted a two-year analysis of data related to traffic enforcement efforts and increased patrol calls for service, while enforcement has suffered. Data from 2017-2018, shows traffic contacts decreased 13% and sober designated drivers contacted have fallen 7%, with seatbelt citations down 37% and total citations have receded 17%. Impaired driver arrests are the greatest concern. OVPD is aware DUI arrests are on the increase nationally and has witnessed an almost 8% decrease in impaired driver apprehensions. There has been a 7% increase in drug related DUI arrests. Agency Funding: Federal 405d funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: PBT's to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. How Agency Will Solve Problem with Funding: The Oro Valley Police Department (OVPD) participates in the Southern Arizona DUI Task Force, remaining committed to the goals and objectives. OVPD participates in 12 region-wide multi-agency DUI interdiction deployments, conducting high visibility saturation patrols and participates in sobriety checkpoints with partner agencies. OVPD added one DUI enforcement officer, and requests grant funds to supplement OVPD funds and ensure the ability to participate in regional impaired driving abatement efforts. OVPD will continue to strive to meet, exceed or sustain the goals set in the grant application. OVPD views the opportunity for success in continued support of the Southern Arizona DUI Task Force and ongoing support of GOHS. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 3 PROJECT MEASURES: Agency Goals: To decrease the number of impaired-related crashes 25% from 34 during calendar year 2017 to 25 by December 31, 2020. To decrease fatalities in impaired-related crashes 100% from 0 in calendar year 2017 to 0 by December 31, 2020. To decrease serious injuries in impaired-related crashes 23 % from 11 in calendar year 2017 to 8 by December 31, 2020. Contract Objectives: To participate in a minimum of 4 DUI saturation patrols per quarter during FFY 20 To participate in a minimum of 12 DUI task force operations per quarter during FFY 2020. Additional Contract Objectives: 1. Participate in 2 DUI sobriety check points with Southern Arizona DUI Task Force. 2. Staff the "Know Your Limits" Task Force at the July 4th celebration staffed by personnel trained in HGN and the use of portable breathe test devices. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 4 GOALS/OBJECTIVES: Federal 405d funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: PBT's to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Impaired Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this program, shall be HGN/SFST certified. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of DUI/Impaired Driving in terms of money, criminal, and human consequences. The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for DUI/Impaired Driving Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime Materials and Supplies - To purchase/procure the following Materials and Supplies for DUI/Impaired Driving Enforcement Activities: PBT's PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 5 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. SPECIFIC REQUIREMENTS: BREATH TESTING DEVICES – Requirements for Portable Breath Test Devices (PBTs): The Oro Valley Police Department will be responsible for providing all personnel the appropriate training for using the Portable Breath Test Devices (PBTs) purchased under this Contract. PBTs will be calibrated per the specifications outlined by the respective manufacturer. Written documentation will be maintained by the Agency and will be available upon request for review by GOHS. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 6 Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2019) January 30, 2020 2nd Quarterly Report and RCI (January 1 to March 31, 2020) April 20, 2020 3rd Quarterly Report and RCI (April 1 to June 30, 2020) July 20, 2020 4th Quarterly Report and RCI (July 1 to September 30, 2020) October 15, 2020 Final Statement of Accomplishments October 15, 2020 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Keith Thompson, Chief of Police, Oro Valley Police Department, shall serve as Project Director. John Teachout, Lieutenant, Oro Valley Police Department, shall serve as Project Administrator. Shannon Parks, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 7 required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. PROJECT MONITORING: Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and meetings  On-Site and/or In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review/Phone Conference $50,000 and over May have an In-House GOHS Review $100,000+ May have an On-Site Review Capital Outlay Greater than $25,000 (combined) May have an On-Site Review Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 8 Desk Review and Phone Conference Internal review of all written documentation related to contractual project including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. DURATION: Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the termination of the Contract shall be released back to the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 10 ESTIMATED COSTS: I. Personnel Services (overtime) $21,429.00 II. Employee Related Expenses (ERE) (40%) $8,571.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies PBT's $2,116.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$32,116.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department shall absorb any and all expenditures in excess of $32,116.00. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Arrests Average BAC Minor Consumption / Possession Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations (Except Speed) Other Arrests Participating Officer/Deputies (Cumulative) Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 12 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Contract, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 13 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 14 VII. Non-Assignment and Sub-Contracts This Contract is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 15 XI. Non-Discrimination During the performance of this contract/funding agreement, the contractor/funding recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2009-09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Contract. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned contracts. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 16 XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 17 C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 18 Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 19 addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 20 Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 21 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 22 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2. Agency's Fiscal Contact: Name: Title: Telephone Number: Fax Number: E-mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4. DUNS Number: (DUNS #) (Registered Address & Zip Code) Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 23 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Daniel Sharp, Chief of Police Mary Jacobs, Town Manager Oro Valley Police Department Town of Oro Valley Date Telephone Date Telephone Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-027 24 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §405 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 405d, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $32,116.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED    Town Council Regular Session C. Meeting Date:10/02/2019   Requested by: John Teachout Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)19-49, authorizing and approving a Grant Contract No. 2020-PTS-039 between the Oro Valley Police Department and the Governor's Office of Highway Safety for funding Special Traffic Enforcement Program (STEP) overtime, employee related expenses, materials and supplies RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: In February 2019, an application was submitted to the GOHS for STEP enforcement, and related materials and supplies with the goal of reducing the incidence of traffic fatalities and injuries resulting from speeding, distracted and aggressive driving, and other forms of risky driving behavior through enforcement, education and public awareness throughout the Town of Oro Valley. As a result, the Police Department has been awarded $24,968 in grant capacity.  BACKGROUND OR DETAILED INFORMATION: On August 9, 2019, the Police Department received Contract No. 2020-PTS-039, entitled "STEP Enforcement Overtime; Related Materials and Supplies," awarding $24,968 in grant funding for overtime, employee related expenses, materials and supplies.  This contract funding can be utilized after October 1, 2019, which is the beginning of the 2020 federal fiscal year. FISCAL IMPACT: The approved FY 2019/20 budget includes the capacity, in the appropriate category, for this awarded funding. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)19-49, authorizing and approving Grant Contract No. 2020-PTS-039 between the Oro Valley Police Department and the Governor’s Office of Highway Safety (GOHS) for funding of Selective Traffic Enforcement Program (STEP) overtime, employee related expenses, material and supplies, Attachments (R)19-49 Resolution STEP purchase  GOHS Contract 2020-PTS-039  RESOLUTION NO. (R)19-49 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF ORO VALLEY POLICE DEPARTMENT AND THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING PERSONNEL SERVICES (OVERTIME), EMPLOYEE RELATED EXPENSES AND MATERIALS AND SUPPLIES (LIDAR’s AND RADAR) TO ENHANCE THE SPECIAL TRAFFIC ENFORCEMENT PROGRAM (STEP); 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, Highway Safety Funds are used to support State and community programs to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act sets forth the minimum requirements with which each state’s highway safety program must comply, and provides a minimum level of funding for local programs each fiscal year; and WHEREAS, the Town applied for and was granted a G.O.H.S. grant contract from Section 402 funds to fund personnel services (Overtime) and employee related expenses, and materials and supplies (LIDAR’s and Radar) to enhance the Special Traffic Enforcement Program: and WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant contract, attached hereto as Exhibit “A” and incorporated herein by this reference, for the purposes of furthering public safety within 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 Town Manager and Chief of Police are authorized to enter into and execute the Highway Safety Grant Contract between the Governor’s Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby authorized and approved. SECTION 2. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Town Council of the To wn of Oro Valley, Arizona, this 2nd day of October, 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 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY CONTRACT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A37520300004020AZ0 Assistance Listings: 20.600 1. APPLICANT AGENCY GOHS CONTRACT NUMBER: Oro Valley Police Department 2020-PTS-039 ADDRESS PROGRAM AREA: 11000 North La Canada, Oro Valley AZ 85737 402-PTS 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley John Teachout ADDRESS 3. PROJECT TITLE: 11000 North La Canada, Oro Valley AZ 85737 STEP Enforcement, and Related Materials & Supplies – LIDAR’s and Radar 4. GUIDELINES: 402–Police Traffic Services (PTS) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: LIDAR's and Radar to enhance STEP Enforcement throughout the Town of Oro Valley. 6. BUDGET COST CATEGORY Project Period FFY 2020 I. Personnel Services $10,714.00 II. Employee Related Expenses (40%) $4,286.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $9,968.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $24,968.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2020 CURRENT GRANT PERIOD FROM: 10-01-2019 TO: 09-30-2020 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $24,968.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Contract. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 100 Total Population in city/town or county: 43,781 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: Oro Valley Police Department (OVPD) has seen increased development and traffic flow, with an increase in speed related collisions. OVPD realized a 41% increase in collisions whereby speed was a contributing factor. Data suggests the need for additional speed enforcement, with attention to speed detection and additional devices to address this trend. The Town of Oro Valley was the first municipality in Arizona to create a primary offense hands-free device ordinance to address Distracted Driving. OVPD conducted over 1300 traffic stops enforcing the ordinance, with more than 590 stops in 2018. With support from GOHS, OVPD's goal is to increase distracted driving stops 20%, increasing to 708. (HiVE): High Visibility Enforcement, created by OVPD in 2013, to reduce collisions and injury collisions at intersections known for high volume of damage and injury. OVPD recorded a reduction of 39% and 5% respectively at two intersections, however, due to staffing and an increase in calls for service, the HiVE deployments haven’t occurred since June of 2018. OVPD will restore the HiVE program, to reduce collisions with GOHS support. Agency Funding: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: LIDAR's and Radar to enhance STEP Enforcement throughout the Town of Oro Valley. How Agency Will Solve Problem with Funding: The Oro Valley Police Department (OVPD) is a progressive police agency with a deep history of commitment to high visibility traffic safety. Known for its low crime rate and high quality of life, Oro Valley owes much of its peaceful reputation to the police department's overt and highly visible traffic enforcement philosophy. This grant request will assist OVPD with its ongoing mission to improve the quality of life by reducing crashes, injuries and property loss resulting from speeding. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 3 PROJECT MEASURES: Agency Goals: To decrease the number of speeding-related crashes 20% from 300 during calendar year 2017 to 240 by December 31, 2020. To decrease fatalities in speeding-related crashes 100% from 0 in calendar year 2017 to 0 by December 31, 2020. To decrease serious injuries in speeding-related crashes 20% from 86 in calendar year 2017 to 69 by December 31, 2020. Contract Objectives: To increase the number of speeding and aggressive driving citations 20% from 1015 during Calendar Year 2018 to 1218 during FFY 2020. Conduct targeted speed enforcement efforts a minimum of 3 times per month during FFY 2020. Additional Contract Objectives: 1. Certify four new officers in the use of radar or LIDAR technology. 2. Deploy speed display trailer a minimum of three weeks per month. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 4 GOALS/OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: LIDAR's and Radar to enhance STEP Enforcement throughout the Town of Oro Valley. Expenditures of funding pertaining to the PTS/Selective Traffic Enforcement Program including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the PTS/Selective Traffic Enforcement Program goals provided by the Arizona Governor’s Office of Highway Safety. The PTS/Selective Traffic Enforcement Program goal is to reduce the incidences of traffic fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky driving behavior through enforcement, education, and public awareness throughout the State of Arizona. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of Speeding in terms of money, criminal, and human consequences. The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for STEP/Speed Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime Materials and Supplies - To purchase/procure the following Materials and Supplies for STEP/Speed Enforcement Activities: LIDAR's and Radar PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 5 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. SPECIFIC REQUIREMENTS: SPEED DETECTION EQUIPMENT – Requirements for Speed Detection Devices: The Oro Valley Police Department will be responsible for providing all personnel the appropriate training for using the speed detection devices purchased under this Contract implementing a National Highway Traffic Safety Administration (NHTSA) approved training course. The Oro Valley Police Department will maintain written documentation (copy of the training certificates) which will be available for review by GOHS. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 6 Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2019) January 30, 2020 2nd Quarterly Report and RCI (January 1 to March 31, 2020) April 20, 2020 3rd Quarterly Report and RCI (April 1 to June 30, 2020) July 20, 2020 4th Quarterly Report and RCI (July 1 to September 30, 2020) October 15, 2020 Final Statement of Accomplishments October 15, 2020 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Daniel Sharp, Chief of Police, Oro Valley Police Department, shall serve as Project Director. John Teachout, Lieutenant, Oro Valley Police Department, shall serve as Project Administrator. Shannon Parks, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 7 required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. PROJECT MONITORING: Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and meetings  On-Site and/or In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review/Phone Conference $50,000 and over May have an In-House GOHS Review $100,000+ May have an On-Site Review Capital Outlay Greater than $25,000 (combined) May have an On-Site Review Desk Review and Phone Conference Internal review of all written documentation related to contractual project including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 8 of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. DURATION: Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the termination of the Contract shall be released back to the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 10 ESTIMATED COSTS: I. Personnel Services (overtime) $10,714.00 II. Employee Related Expenses (ERE) (40%) $4,286.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies LIDAR's and Radar $9,968.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$24,968.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department shall absorb any and all expenditures in excess of $24,968.00. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Arrests Average BAC Minor Consumption / Possession Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations (Except Speed) Other Arrests Participating Officer/Deputies (Cumulative) Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 12 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Contract, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 13 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 14 VII. Non-Assignment and Sub-Contracts This Contract is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. XI. Non-Discrimination During the performance of this contract/funding agreement, the contractor/funding recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 15 B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2009-09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Contract. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned contracts. XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 16 XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 17 will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 18 Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 19 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 20 Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 21 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 22 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2. Agency's Fiscal Contact: Name: Title: Telephone Number: Fax Number: E-mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4. DUNS Number: (DUNS #) (Registered Address & Zip Code) Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 23 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Daniel Sharp, Chief of Police Mary Jacobs, Town Manager Oro Valley Police Department Town of Oro Valley Date Telephone Date Telephone Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-PTS-039 24 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402- PTS, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $24,968.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative    Town Council Regular Session D. Meeting Date:10/02/2019   Submitted By:Kevin Artz, Finance Department:Finance SUBJECT: Resolution No. (R)19-50, authorizing the appointment of the Town's Chief Financial Officer to the Town of Oro Valley Public Safety Personnel Retirement System (PSPRS) Local Board RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: This item serves as a request to appoint the Town's Chief Financial Officer as the Mayor's designee to the PSPRS Local Board, pursuant to A.R.S. 38-847.   BACKGROUND OR DETAILED INFORMATION: Pursuant to Arizona Revised Statutes Section 38-841 et. seg, the Public Safety Personnel Retirement System (PSPRS) was created to provide a uniform, consistent and equitable statewide retirement program for public safety personnel who are regularly assigned hazardous duty in the employ of the State of Arizona or a political subdivision of the state. The administration of the system and responsibility for making the provisions of the system effective for each employer and vested in a Local Board. Pursuant to Arizona Revised Statutes Section 38-847, the PSPRS Local Board is comprised of five (5) members, including the Mayor or a designee of the Mayor, two members elected by secret ballot by members who are employees of the Town, and two citizen members. The board is responsible for deciding all questions of eligibility and credited service under the PSPRS and for making all decisions on any claim regarding the amount, manner and time of payment of any benefits. The Mayor's designee must be approved by the Town Council.  Stacey Lemos, Administrative Services Director/CFO, was most recently reappointed as the Mayor's designee and chair of the PSPRS Local Board in October 2018.  Due to her recent departure from the Town, a new designee needs to be selected. Staff is recommending that the Town's Chief Financial Officer be appointed as the Mayor's designee, instead of naming a particular individual.  As a result, whenever there is turnover in the position, whomever is in the acting, interim or permanent position, would automatically become the Mayor's designee and Chair of the PSPRS board, without further Council action.   There are times when actions of the Local PSPRS Board are very time sensitive.  For example, a normal retirement or disability retirement can occur with very short notice.  The advantage of selecting a position (Chief Financial Officer) over an individual as the Mayor's designee, is the Local Board would be more responsive to the needs of the PSPRS members during times of transition.  In addition, the CFO's participation in the board provides for a level of financial oversight to assist in informing the board of impacts, where such information is needed in the review process.   FISCAL IMPACT: NA NA SUGGESTED MOTION: I MOVE to (approve/deny) Resolution No. (R)19-50, authorizing the appointment of the Town's Chief Financial Officer to the Town of Oro Valley Public Safety Personnel Retirement System (PSPRS) Local Board. Attachments (R)19-50 Resolution PSPRS  C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@243665F2 \@BCL@243665F2.doc Town of Oro Valley Attorney’s Office/ca/092910 RESOLUTION NO. (R)19-50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND RATIFYING THE APPOINTMENT OF THE TOWN’S CHIEF FINANCIAL OFFICER TO THE TOWN OF ORO VALLEY POLICE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM (PSPRS) LOCAL BOARD; 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, A.R.S. Title 38, Chapter 5, Article 4 and related statutes establish a Public Safety Personnel Retirement System; and WHEREAS, A.R.S. § 38-847 et seq. provides for the creation of a local Public Safety Personnel Retirement System (PSPRS) Board and vests in said board the powers and duties necessary therefore; and WHEREAS, the Mayor wishes to appoint the Town’s Chief Financial Officer as the Mayor’s designee to the PSPRS Local Board; and WHEREAS, the Mayor and Council of the Town of Oro Valley hereby appoints the Town’s Chief Financial Officer pursuant to A.R.S. § 38-847. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. The appointment of the Town’s Chief Financial Officer as the Mayor’s designee to the PSPRS Local Board is hereby ratified. SECTION 2. The Mayor’s designee is duly approved to perform such duties as provided by law. SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and direc ted to take all steps necessary to carry out the purposes and intent of this resolution. PASSED, ADOPTED AND RATIFIED by the Mayor and Council of the Town of Oro Valley Arizona, this 2nd day of October, 2019. C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@243665F2 \@BCL@243665F2.doc Town of Oro Valley Attorney’s Office/ca/092910 TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date:    Town Council Regular Session 1. Meeting Date:10/02/2019   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 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR 3 PALMS HOTEL TUCSON, LOCATED AT 7411 N ORACLE ROAD 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 7 Liquor License.  EXECUTIVE SUMMARY: An application for a new Series 7 (Beer and Wine Bar) Liquor License has been submitted by Agent/Owner Peter Henry Schelstraete for 3 Palms of Tucson, located at 7411 N Oracle Road. Mr. Schelstraete 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: The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other 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 of 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. Off-sale ("To Go") package sales 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 one provided for the bar. Payment must be made no later than the time of delivery. 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.  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 Agent/Owner Peter Henry Schelstraete. Chief Sharp has no objection to the approval of the Series 7 (Beer and Wine 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 7 Liquor License to the Arizona Department of Liquor Licenses and Control for Peter Henry Schelstraete for 3 Palms Hotel Tucson, located at 7411 N. Oracle Road.   Attachments PD Letter - Application - Series 7 Description     Town Council Regular Session 2. Meeting Date:10/02/2019   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN OF ORO VALLEY COMMUNITY CENTER AND GOLF OPERATIONS (Attachments added on 9/27/19 at 3:00 p.m.) RECOMMENDATION: N/A EXECUTIVE SUMMARY: At the September 4, 2019 Town Council meeting, the Town Council approved the following motion: Motion by Mayor Joseph C. Winfield and seconded by Councilmember Bill Rodman, to have the conditions presented in support of the 36 hole golf option be evaluated by staff and that staff includes in the pro-forma the sales tax revenue generated from golf, $175,000, and the report shall be completed and placed on a Council agenda no later than October 2, 2019. Conditions for 36 hole golf option:  Operate as a municipal public course with a membership model that welcomes outside play Have tax subsidy of no more than $750,000 annually Membership rates are raised 10% by January 1, 2020, to reflect the membership revenue projected in the Troon 36-hole proforma Make tee times available for all 36 holes as indicated by Troon to maximize outside play and increase revenue by $175,000, and include monthly measurable targets and penalties if not achieved Needed capital improvements implemented on a pay-as-you-go basis; focusing first on the 18 hole Conquistador course from the Community Center sales tax fund or the General Fund with support for starting on the Conquistador side since the land is owned by the Town If the Community Center sales tax funds can't cover the pay-as-you-go improvements, then discussion can begin about utilizing the General Fund.  If General Fund monies are used, then golf repairs will need to compete with the other priorities of the community Close the Overlook restaurant and that an alternative food service vendor operate a coffee/sandwich shop at ground level consistent with municipal golf course food service operations Reduce Troon's contract expenses by 5% beginning January 1, 2020 Address concerns with the proposed HOA financial offers.  Concerns include:  terms of precedent to neighborhoods paying additional fees for amenities, target this revenue towards the future of youth or other incentive programs; discuss incentives or matching programs to improve the revenue stream and long term viability of the courses Establish measurable and time sensitive targets for revenue, rounds played and memberships to monitor the viability of operating and maintaining the 36 holes of golf Become an enterprise that meets the $750,000 threshold or better Have a viable plan in place to transition to an 18-hole golf course if the $750,000 tax subsidy threshold is exceeded for two consecutive years Preserve open space in perpetuity by putting zoning in place that protects the interest of the Town BACKGROUND OR DETAILED INFORMATION: BACKGROUND OR DETAILED INFORMATION: This item will be updated with the staff feasibility analysis as soon as possible. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to... Attachments 9-25-19 Memo to Council  Variation A - No HOA Contribution  Variation B - HOA Contribution  Memorandum TO: Mayor and Town Council FROM: Mary Jacobs, Town Manager SUBJECT: Feasibility Analysis of Town Council Action of September 4, 2019 Date: September 25, 2019 At your September 4, 2019 meeting, a motion was approved by the Town Council to evaluate the feasibility of a number of conditions for the operation of a 36-hole golf course by October 2. The motion also included direction to staff to include in the updated pro-forma the sales tax revenue generated from golf, and the additional revenue noted in the conditions below. Each of the conditions are shown in bold, and similar conditions have been grouped together for response. Based on these proposed conditions/outcomes, staff has developed a potential action plan for Council consideration, which is outlined on page 5 of this memorandum and in the attached pro formas. Conditions from Town Council Motion and Staff Evaluation/Response:  Operate as a municipal public course with a membership model that welcomes outside play.  Make tee times available for all 36 holes as indicated by Troon to maximize outside play and increase revenue by $175,000 and include monthly measurable targets and penalties if not achieved. Beginning with the reopening of the overseeded courses (late October/early November), the designated member course will be open to day play. Members will continue to have first priority in reserving tee times, but five days prior all remaining open tee times will be available for the public to reserve. Since this new play policy will not have a full fiscal year of application, it is conservatively estimated to generate an additional $100,000 in revenue this fiscal year beyond what is currently budgeted, growing to $175,000 in expected additional revenue by FY21/22. The projection includes a nominal increase in memberships. If memberships were to grow at a faster rate, it could reduce the number of available tee times for outside play. In such a scenario, the revenue would still be met and likely exceeded through an increase in membership dues instead. Appropriate performance metrics for the contractor are a function of the procurement procedures and will be developed in the RFP process. Sept. 25, 2019 Memorandum to Council 2 | P a g e  Have a tax subsidy of no more than $750,000 annually.  Become an enterprise that meets the $750,000 threshold or better. The May 24, 2019 36-hole pro forma projected the tax subsidy for that option at $999,357 by FY22/23, assuming the irrigation replacement and general refurbishment of both 18-hole courses was completed. The projection included a reduction in water costs of 15% due to the capital investment. By adding in the sales taxes collected by Troon for golf ($46,500), the utility sales tax for the water ($40,400), and the projected additional revenue from opening up the member course to day play ($175,000), the subsidy is projected to meet the $750,000 target by FY22/23. If the HOA contribution discussed below is factored into the pro forma, the subsidy is projected to meet the $750,000 target by FY21/22. In addition, for the first two months of this fiscal year, day play golf revenues are $16,800 higher than July and August 2018, which the interim CFO projects would result in an additional $60,000-$90,000 in revenue at year end. At the time of distribution of this memorandum, 243 members have already renewed their membership for the October 1, 2019 – September 30, 2020 playing year, which is one more than the 242 members of the 2018-2019 playing year. According to the pro formas attached, the $750,000 tax subsidy target is achievable by FY21/22 and possibly sooner if revenue collections remain strong. The potential action plan and accompanying pro formas included in this memorandum more fully demonstrate the financial viability. Regarding the accounting process, the Community Center fund currently provides the appropriate mechanisms with which to account for the revenues and expenditures within the golf operation, and it is recommended that the fund structure remain in place.  Membership rates are raised 10% by January 1, 2020 to reflect the membership revenue projected in the Troon 36-hole pro forma. The adopted FY19/20 budget included a projected revenue of $799,921 in membership dues. The budget incorporated a projected 5% increase in membership dues starting January 1, 2020. The planned increase had been communicated to the membership for months and stated in several public meetings. In addition, for the first two months of this fiscal year, member dues revenue is $28,600 higher than July and August 2018, which the interim CFO projects would result in an additional $70,000 in revenue at year end. Based on actual performance for the first two months, the strong membership renewal, and the planned 5% increase in January 2020, staff believes the membership revenue reflected in the Troon 36-hole pro forma can be recognized. Sept. 25, 2019 Memorandum to Council 3 | P a g e  Needed capital improvements implemented on a pay-as-you-go basis, focusing first on the 18-hole Conquistador course, from the Community Center sales tax fund; or the General Fund with support for starting on the Conquistador side since the land is owned by the Town.  If the Community Center sales tax funds can’t cover the pay-as-you-go improvements, then discussion can begin about utilizing the General Fund. If General Fund monies are used, then golf repairs will need to compete with other priorities of the community. The June 30, 2019 unaudited fund balance of the Community Center fund is $490,000, which is currently inadequate to fund the irrigation/refurbishment of one course. However, the projection for the fund over the next two years indicate fund balance could grow to $1.6M by June 30, 2020 and potentially cash fund improvements to one course over two budget years (May 2021 to October 2021). The potential action plan outlines how the Town could fund course improvements within these suggested parameters, which could begin with the Conquistador course first.  Close the Overlook restaurant and that an alternative food service vendor operate a coffee/sandwich shop at ground level consistent with municipal golf course food service operations. Staff supports relocating and reducing the size of the food and beverage operation to the ground floor, and has made that recommendation previously. A preliminary drawing last year showed an open kitchen model restaurant with reduced indoor seating, an indoor/outdoor bar, and the use of flex space outdoors to take advantage of the views and weather. The small kitchen downstairs is currently inadequate to meet the needs of a 36-hole operation with the number of rounds played daily plus tournaments, and there is no downstairs bar. A 36-hole golf operation requires food and beverage (to include alcoholic beverages) in order for the courses to successfully compete in the marketplace. Renovation of the Community Center to develop the appropriate space for a much smaller operation is necessary before the Overlook can cease operations and food/beverage is relocated.  Reduce Troon’s contract expenses by 5% beginning January 2, 2020. Troon’s agreement to continue serving as the new operator was contingent upon the same contractual terms and conditions. However, once the Town Council makes a final decision, a competitive solicitation of a new operator will provide the Town with the opportunity to structure a more flexible contract which can include provisions to incentivize performance.  Address concerns with the proposed HOA financial offers. Concerns include: terms of precedent to neighborhoods paying additional fees for amenities; target this revenue toward the future of youth or other incentive programs; discuss incentives or matching programs to improve the revenue stream and long-term viability of the courses. The board of the Cañada Hills Master HOA has formally voted to offer $100,000 annually to support a 36-hole course for up to 10 years, subject to an agreement and conditions which have not been negotiated. The board of the Villages at La Cañada HOA recently voted a similar offer, up to $25,000 per year. There are multiple examples across the country where adjacent neighborhoods/HOAs agreed to assess themselves and financially contribute toward the operation of a golf course that would Sept. 25, 2019 Memorandum to Council 4 | P a g e otherwise not break even. While it is unusual for such a solution to be connected to a publicly owned course, it is not uncommon among private courses. According to the Town Attorney, an agreement with an HOA to contribute to the Town is possible in theory; this would take some time to negotiate and develop in a structure that protects the Town and the HOA. The representatives of the two HOAs have expressed that their interest in offering the annual contribution is specifically and only to support the continued operation of the 36 holes of golf, with no specific designation for a particular program or activity. They communicated that the application of the revenues would be more appropriate in the hands of the Town. Staff has presented a potential action plan found on page 5 of this memorandum, with a variation that would include HOA contributions. Even without the HOA contribution and in keeping with the parameters identified in the Town Council’s September 4, 2019 motion, the tax subsidy meets the targeted $750,000 by FY21/22. The variation includes a contribution of $125,000 by the two HOAs for only five years in order to allow the Town to meet the targeted subsidy sooner and provide a safety net for unanticipated costs related to capital/irrigation investments related to the delay in renovating the courses. Staff will be prepared to also show a variation with a ten year contribution.  Establish measurable and time sensitive targets for revenue, rounds played and memberships to monitor the viability of operating and maintaining the 36 holes of golf.  Have a viable plan in place to transition to an 18-hole golf course if the $750,000 tax subsidy threshold is exceeded for two consecutive years. As noted above, a competitive solicitation of a new operator will provide the Town with the opportunity to structure a contract with performance targets that reflect Town Council cost recovery policy and municipal golf operations best practices. Converting an existing 18-hole course into an open space/recreation area would require a lead time of an estimated nine months to begin construction. Membership renewals are October 1 of each year, so the best timing to make such a decision would be January. This would allow staff to include conversion and maintenance costs in the following year budget and proceed with the design process and related public engagement efforts. The Town Council has the opportunity to evaluate all programs and services regularly through monthly reviews of financials, the annual budget process, and the development of its biennial Strategic Leadership Plan. If the Council chooses the 36-hole option, caution is recommended in establishing inflexible pre-set criteria in which to trigger a decision to reduce to 18-holes. The likely effect would be the continuation of uncertainty, hindering the ability to retain and expand golf memberships, a profitable revenue source for the golf course, and inadvertently harming the opportunity to operate 36 holes successfully within the target tax subsidy.  Preserve open space in perpetuity by putting zoning in place that protects the interest of the Town. Staff is prepared to proceed with a rezoning of golf course property at Town Council direction. Sept. 25, 2019 Memorandum to Council 5 | P a g e Potential Action Plan to Continue 36 Holes In response to the September 4, 2019 Town Council motion, staff has developed a potential action plan for continuing a 36-hole course that would meet most of the conditions, or meet their intent, for Council consideration. Staff has included a variation to the action plan that includes a three year contribution of $125,000 from the two HOAs as offered, which would result in the 36- hole operation meeting the targeted subsidy one year sooner. The 36-hole operation and all projections continue to be based on the assumptions outlined in the May 24 memorandum, and the attached pro formas specify the modifications per the parameters of the Council motion.  Apply a minimum 80% cost recovery target to the 36-hole operation and include sales taxes collected in the General Fund from the operation toward the subsidy calculation. The identified $750,000 tax subsidy target reflects an 81% cost recovery of golf operations for the base year in the May 24, 2019 pro forma. Setting a percentage target cost recovery rather than a set dollar amount is consistent with the Town Council cost recovery pyramid for parks and recreation programs, and allows for recalculation year to year to address revenue increases as well as normal expense increases. The attached pro formas specify both percentage and dollar subsidy levels for a ten year projection.  Continue to offer memberships, and allow day play golfers to access the designated member course for available tee times.  Work with new competitively selected operator to develop a strategy to maximize all revenues, including membership sources, while also monitoring and reviewing expenses.  In RFP solicitation for new golf operator, include a set of metrics and incentives consistent with municipal golf industry standards that incorporate best practices and support the policy direction of the Town Council.  Start on Community Center design and construction as soon as possible, and utilize bond financing capacity in current FY19/20 budget to complete project with debt service for the project to come from the Community Center fund. The renovation of the Community Center, to include relocating and reducing the footprint of food and beverage downstairs, is projected to have a significant positive effect on growing golf revenues, both memberships and day play. Prioritizing this investment over course improvements is recommended. Input from the community via the upcoming Parks and Recreation needs assessment can assist in plan development.  Plan for irrigation replacement and course refurbishment for the Conquistador course for May – October 2021. With a focus on the Community Center, and a competitive solicitation for a golf operator with an expected start date of July 1, 2020, the best timing to start course improvements would be in the 2021 low season in partnership with the operator. This timing will also allow the capital investment to be fully funded from the Community Center’s fund balance over two fiscal years.  Continue to utilize the Community Center special revenue fund for accounting of all revenues and expenses, and ensure the Town Council receives the monthly and annual data and analysis needed to monitor performance of the golf courses.  Proceed with rezoning of golf courses at Council direction.  Hold on irrigation replacement and course refurbishment of the Cañada course until Community Center fund balance can support capital investment.  Variation B: Also present to the Town Council an appropriate agreement with the area HOA’s that results in receipt of $125,000 for five fiscal years, starting in FY20/21. Sept. 25, 2019 Memorandum to Council 6 | P a g e Staff will be prepared to review the evaluation and the potential action plans individually, as well as at the October 2, 2019 Town Council meeting. Attachments Cc: Chris Cornelison, Assistant Town Manager Kristy Diaz-Trahan, Parks and Recreation Director Kevin Artz, Interim CFO Variation A - No HOA Contribution 36-HOLE 1 Year 1 2021 Year 2 2022 BASELINE Year 3 2023 Year 4 2024 Year 5 2025 Year 6 2026 Year 7 2027 Year 8 2028 Year 9 2029 Year 10 2030 TOTAL Revenues: Golf Fees (incl. Trail and Cart Fees)1,472,361 1,539,478 $1,675,745 1,759,532 1,847,509 1,939,884 2,036,879 2,138,722 2,181,497 2,225,127 18,816,734 Member Dues 879,913 897,511 915,462 945,462 975,462 1,005,462 1,035,462 1,065,462 1,086,771 1,108,507 9,915,474 Merchandise Sales 216,560 220,891 225,309 229,815 234,411 239,100 243,882 248,759 253,735 258,809 2,371,271 Food & Beverage - - - - - - - - - Swim & Tennis Service - - - - - - - - - Range Rental & Other 62,021 63,262 64,527 65,818 67,134 68,477 69,846 71,243 72,668 74,121 679,116 Golf Lessons & School 11,212 11,436 11,665 11,898 12,136 12,379 12,627 12,879 13,137 13,399 122,768 Other 11,117 11,339 11,566 11,797 12,033 12,274 12,519 12,770 13,025 13,286 121,727 Day play policy change 2 135,000 175,000 178,500 182,070 185,711 189,426 193,214 197,078 201,020 205,040 1,842,060 HOA Contribution 3 - - - - - - - - - - - Sales tax generated from Golf Course 4 45,598 48,384 51,989 54,285 56,691 59,210 61,849 64,614 65,906 67,224 575,752 Sales tax from Utilities 5 40,411 41,219 42,044 42,884 43,742 44,617 45,509 46,419 47,348 48,295 442,488 Projected Revenue 2,874,193$ 3,008,521$ 3,176,806$ 3,303,562$ 3,434,830$ 3,570,828$ 3,711,787$ 3,857,948$ 3,935,107$ 4,013,809$ 34,887,390$ Expenses: Payroll 1,304,634$ 1,330,727$ $1,357,341 1,384,488 1,412,178 1,440,421 1,469,230 1,498,614 1,528,586 1,559,158 11,650,016 Benefits + Other EE Related 334,387$ 341,074$ 347,896 354,854 361,951 369,190 376,574 384,105 391,787 399,623 2,985,981 Repairs & Maintenance 359,903$ 367,101$ 374,443 381,932 389,570 397,362 405,309 413,415 421,684 430,117 3,213,833 Professional Fees - - - - - - - - - Operating Expenses 172,755$ 176,210$ 179,734 183,329 186,995 190,735 194,550 198,441 202,410 206,458 1,542,651 Utilities 1,010,273$ 1,030,478$ 1,051,088 1,072,110 1,093,552 1,115,423 1,137,731 1,160,486 1,183,696 1,207,370 9,021,456 Leases 294,792$ 246,900$ 246,900 251,838 256,875 262,012 267,253 272,598 278,050 283,610 2,119,135 Marketing 81,404$ 83,032$ 84,692 86,386 88,114 89,876 91,673 93,507 95,377 97,284 726,909 Taxes, Licenses, Insurance 3,243$ 3,277$ 3,312 3,378 3,446 3,515 3,585 3,657 3,730 3,804 28,427 Cost of Sales 152,080$ 155,122$ 158,224 161,388 164,616 167,909 171,267 174,692 178,186 181,750 1,358,032 Management Fee 100,000$ 100,000$ 100,000 102,000 104,040 106,121 108,243 110,408 112,616 114,869 858,297 Projected Expenses $3,813,471 $3,833,921 $3,903,630 $3,981,703 $4,061,337 $4,142,563 $4,225,415 $4,309,923 $4,396,121 $4,484,044 41,152,127$ Projected Annual Sales Tax Support - GOLF 6 ($939,278)($825,400)($726,824)($678,140)($626,507)($571,735)($513,628)($451,975)($461,015)($470,235)(6,264,736)$ Cost Recovery 6 75.37%78.47%81.38%82.97%84.57%86.20%87.84%89.51%89.51%89.51% 1. Baseline information for analysis has remained constant with no changes, except noted below: 2. Day play policy change allows the public to book tee times on designated member course 5 days in advance. - Estimated to Generate $100,000 in FY 19-20. - Estimated to generate $135,000 of additional revenue for the first full year and $175,000 by the second year. - Thereafter, revenue from the day play policy change increases 2% per year. 3. HOA contributions are excluded from the analysis. 4. Sales tax generated from the golf course is a calculated amount of 2.5% of the golf fees, merchandise sales and additional revenue from #2 above. 5. Sales tax from utilities is a calculated amount of 4% of the utilities cost. - Neither of the sales tax revenue amounts above are intended to be transferred to the Community Center Fund. They are only included to calculate the subsidy per Council direction. 6. The target subsidy of $750,000 or less can be achieved by FY 2022-23 without a HOA contribution. Cost recovery would be 81.4% in FY 2022-23 and is projected to increase to 89.5% in year 10 of the forecast. Variation B - With HOA Contribution 36-HOLE 1 Year 1 2021 Year 2 2022 BASELINE Year 3 2023 Year 4 2024 Year 5 2025 Year 6 2026 Year 7 2027 Year 8 2028 Year 9 2029 Year 10 2030 TOTAL Revenues: Golf Fees (incl. Trail and Cart Fees)1,472,361 1,539,478 $1,675,745 1,759,532 1,847,509 1,939,884 2,036,879 2,138,722 2,181,497 2,225,127 18,816,734 Member Dues 879,913 897,511 915,462 945,462 975,462 1,005,462 1,035,462 1,065,462 1,086,771 1,108,507 9,915,474 Merchandise Sales 216,560 220,891 225,309 229,815 234,411 239,100 243,882 248,759 253,735 258,809 2,371,271 Food & Beverage - - - - - - - - - Swim & Tennis Service - - - - - - - - - Range Rental & Other 62,021 63,262 64,527 65,818 67,134 68,477 69,846 71,243 72,668 74,121 679,116 Golf Lessons & School 11,212 11,436 11,665 11,898 12,136 12,379 12,627 12,879 13,137 13,399 122,768 Other 11,117 11,339 11,566 11,797 12,033 12,274 12,519 12,770 13,025 13,286 121,727 Day play policy change 2 135,000 175,000 178,500 182,070 185,711 189,426 193,214 197,078 201,020 205,040 1,842,060 HOA Contribution 3 125,000 125,000 125,000 125,000 125,000 - - - - - 625,000 Sales tax generated from Golf Course 4 45,598 48,384 51,989 54,285 56,691 59,210 61,849 64,614 65,906 67,224 575,752 Sales tax from Utilities 5 40,411 41,219 42,044 42,884 43,742 44,617 45,509 46,419 47,348 48,295 442,488 Projected Revenue 2,999,193$ 3,133,521$ 3,301,806$ 3,428,562$ 3,559,830$ 3,570,828$ 3,711,787$ 3,857,948$ 3,935,107$ 4,013,809$ 35,512,390$ Expenses: Payroll 1,304,634$ 1,330,727$ $1,357,341 1,384,488 1,412,178 1,440,421 1,469,230 1,498,614 1,528,586 1,559,158 11,650,016 Benefits + Other EE Related 334,387$ 341,074$ 347,896 354,854 361,951 369,190 376,574 384,105 391,787 399,623 2,985,981 Repairs & Maintenance 359,903$ 367,101$ 374,443 381,932 389,570 397,362 405,309 413,415 421,684 430,117 3,213,833 Professional Fees - - - - - - - - - Operating Expenses 172,755$ 176,210$ 179,734 183,329 186,995 190,735 194,550 198,441 202,410 206,458 1,542,651 Utilities 1,010,273$ 1,030,478$ 1,051,088 1,072,110 1,093,552 1,115,423 1,137,731 1,160,486 1,183,696 1,207,370 9,021,456 Leases 294,792$ 246,900$ 246,900 251,838 256,875 262,012 267,253 272,598 278,050 283,610 2,119,135 Marketing 81,404$ 83,032$ 84,692 86,386 88,114 89,876 91,673 93,507 95,377 97,284 726,909 Taxes, Licenses, Insurance 3,243$ 3,277$ 3,312 3,378 3,446 3,515 3,585 3,657 3,730 3,804 28,427 Cost of Sales 152,080$ 155,122$ 158,224 161,388 164,616 167,909 171,267 174,692 178,186 181,750 1,358,032 Management Fee 100,000$ 100,000$ 100,000 102,000 104,040 106,121 108,243 110,408 112,616 114,869 858,297 Projected Expenses $3,813,471 $3,833,921 $3,903,630 $3,981,703 $4,061,337 $4,142,563 $4,225,415 $4,309,923 $4,396,121 $4,484,044 41,152,127$ Projected Annual Sales Tax Support - GOLF 6 ($814,278)($700,400)($601,824)($553,140)($501,507)($571,735)($513,628)($451,975)($461,015)($470,235)(5,639,736)$ Cost Recovery 6 78.65%81.73%84.58%86.11%87.65%86.20%87.84%89.51%89.51%89.51% 1. Baseline information for analysis has remained constant with no changes, except noted below: 2. Day play policy change allows the public to book tee times on designated member course 5 days in advance. - Estimated to Generate $100,000 in FY 19-20. - Estimated to generate $135,000 of additional revenue for the first full year and $175,000 by the second year. - Thereafter, revenue from the day play policy change increases 2% per year. 3. HOA contributions are included for five years at a fixed amount of $125,000 per year. 4. Sales tax generated from the golf course is a calculated amount of 2.5% of the Golf fees, merchandise sales and additional revenue from #2 above. 5. Sales tax from utilities is a calculated amount of 4% of the utilities cost. - Neither of the sales tax revenue amounts above are intended to be transferred to the Community Center Fund. They are only included to calculate the subsidy per Council direction. 6. The target subsidy of $750,000 or less can be achieved by FY 2021-22 with a HOA contribution. Cost recovery would be 81.7% in FY 2021-22 and is projected to increase to 89.5% in year 10 of the forecast.    Town Council Regular Session 3. Meeting Date:10/02/2019   Requested by: Vice Mayor Barrett & Councilmember Nicolson  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO INITIATE EFFORTS TO REZONE ALL OR SOME OF THE TOWN OWNED GOLF COURSES RECOMMENDATION: N/A EXECUTIVE SUMMARY: This item was requested by Vice Mayor Barrett and Councilmember Nicolson, and is a continuation of the item from the September 4, 2019 meeting. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to... Attachments No file(s) attached.