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HomeMy WebLinkAboutPackets - Council Packets (1299)       *AMENDED (3/30/20, 4:30 PM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 1, 2020 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   COUNCIL REPORTS   *TOWN MANAGER'S REPORT COVID-19 Town Update and possible discussion thereon   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. (See revised Instructions to Speakers at the bottom of this agenda)   PRESENTATIONS   CONSENT AGENDA (Consideration and/or possible action)   A.Minutes - February 28 and March 4, 2020   B.Appointment of Judge Pro Tempore for the Oro Valley Magistrate Court   C.Resolution No. (R)20-13, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County, extending the terms of the existing IGA for Pima County to provide street naming and addressing services   D.Resolution No. (R)20-14, authorizing and approving Grant Contract No. 2020-405d-058 between the Oro Valley Police Department and the Governor's Office of Highway Safety for funding DUI/impaired driving enforcement related equipment – One (1) fully-equipped police package vehicle   E.Request for approval for conceptual art for Pusch Ridge Christian Academy, located east of Oracle Road between Calle Concordia and Linda Vista Boulevard   REGULAR AGENDA   1.DISCUSSION REGARDING ACTIONS THE COUNCIL MAY TAKE TO ASSIST ORO VALLEY BUSINESSES AFFECTED BY THE COVID-19 VIRUS   2.DISCUSSION AND POSSIBLE ACTION REGARDING TEMPORARY WAIVER AND OR MODIFICATION OF THE TOWN'S TEMPORARY SIGN ORDINANCES FOR BUSINESSES AFFECTED BY THE COVID-19 VIRUS   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 3/27/20 at 5:00 p.m. by pp AMENDED AGENDA POSTED: 3/30/20 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. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. 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. Due to Amendment #2 to the Town of Oro Valley Mayoral Proclamation of Emergency issued on March 27, 2020, the following restrictions have been placed on all public meetings until further notice: 1. In-person attendance by members of the public will be prohibited. 2. Members of the public can watch public meetings online or join the meeting via a teleconference (details on how watch or listen are listed below) and, where appropriate, participate by the following electronic means: 2a. If a member of the public would like to submit a comment or question, also known as a bluecard, an email must be sent to Bluecard@orovalleyaz.gov no later than thirty minutes before a public meeting . If the sender wants it to be read at the meeting (which may or may not occur, in part or in its entirety, as appropriate under the circumstances), comments shall be limited to no more than 500 words or three minutes as read aloud. Such emails shall also identify the name, town of residence, and whether the sender wants the email read during the Call to Audience section or a specific agenda item, provided that the reading of the comment can remain within the prescribed three minutes. 2b. To view the meeting online, https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas and select the meeting you would like to watch. To join the teleconference, call 480-999-2896 and then enter ID: 311 239 070# to listen to the meeting and/or speak at either Call to Audience or on a Regular Agenda item (if public comment is allowed, as appropriate under the circumstances). Should an individual wish to speak during the meeting, they shall contact the Town Clerk at 520-229-4700 or at mstandish@orovalleyaz.gov at least thirty minutes prior to the meeting and shall state what agenda item they would like to speak on. If you have questions, please contact Town Clerk, Mike Standish, at 520-229-4700 or email at mstandish@orovalleyaz.gov Thank you for your cooperation.    Town Council Regular Session A. Meeting Date:04/01/2020   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - February 28 and March 4, 2020 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 February 28, and March 4, 2020 minutes. Attachments 2-28-20 Draft Minutes  3-4-20 Draft Minutes  2/28/20 Minutes, Town Council Workshop 1 MINUTES ORO VALLEY TOWN COUNCIL WORKSHOP February 28, 2020 NORTHWEST FIRE DISTRICT TRAINING CENTER 5125 W. Camino de Fuego The meeting was called to order at 8:30 a.m. PRESENT: Joseph Winfield, Mayor Melanie Barrett, Vice Mayor Joyce Jones -Ivey, Councilmember Josh Nicolson, Councilmember (arrived at 8:45 a.m.) Rhonda Piña, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember Town Manager Mary Jacobs welcomed everyone and gave a brief overview of the activities for the day. Facilitator Patrick Ibarra from the Mejorando Group gave a brief introduction. Councilmember Nicolson arrived to the meeting at 8:45 a.m. Finance and Budget Administrator Wendy Gomez presented the Mid-Year Financials for FY 19/20 and discussion ensued amongst Council and staff regarding the following: • General Fund Revenues and Expenditures • Highway Fund Revenues and Expenditures • Community Center Fund Revenues and Expenditures • Water Utility & Stormwater Fund Revenues and Expenditures Ms. Gomez reviewed the preliminary FY 2020-2021 Economic Outlook & Forecast and discussion ensued amongst Council and staff regarding the following: • Current Conditions • Preliminary FY 2021 Economic Assumptions • State Revenue Growth (actuals and forecasted) • Preliminary FY 2021 General Fund Revenue Assumptions • Preliminary FY 2021 General Fund Expenses • FY 2021 Budget Timeline The meeting was recessed at 9:46 a.m. The meeting resumed at 10:00 a.m. Ms. Jacobs presented the mid-year Council Strategic Leadership Plan Update and discussion ensued amongst Council and staff regarding the following: • Summary of SLP progress 2/28/20 Minutes, Town Council Workshop 2 • Council Focus Area: Economic Vitality • Council Focus Area: Culture and Recreation • Council Focus Area: Public Safety • Council Focus Area: Roads, Water and Town Assets • Council Focus Area: Land Use • Council Focus Area: Effective and Efficient Government The meeting was recessed at 11:52 a.m. for lunch. The meeting resumed at 12:40 p.m. Discussion ensued amongst Council, Mr. Ibarra and staff regarding the Effective and Efficient Government Focus Area. • Council Focus Area: Town Finances Councilmember Piña left the meeting at 1:19 p.m. The meeting was recessed at 1:46 p.m. The meeting resumed at 2:06 p.m. Ms. Jacobs discussed the Town Manager FY 20/21 Budget Priorities and Major Issues Beyond FY 20/21. Discussion ensued amongst Council and staff regarding budget priorities and major issues beyond FY 20/21. Councilmember Nicolson left the meeting at 3:39 p.m. The meeting was adjourned at 3:42 p.m. _________________________________ Michael Standish, CMC Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the workshop of the Town of Oro Valley Council of Oro Valley, Arizona held on the 28th day of February, 2020. I further certify that the meeting was duly called and held and that a quorum was present. Dated this _____ day of ____________________, 2020. _____________________________ Michael Standish, CMC Town Clerk D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 4, 2020 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    Mayor Winfield 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 encouraged citizens to volunteer their time or donate to the Canyon Del Oro Project Graduation Event. Citizens can visit cdoprojectgraduation.com for more information regarding volunteer, donation or sponsor opportunities. Councilmember Jones-Ivey also encouraged citizens to participate in A Day of Remembrance for MOD Pizza & Canyon Del Oro High School event on Tuesday, March 24, 2020. This event is a day of remembrance and fundraising. A portion of all proceeds will go to Canyon Del Oro's Project Graduation.   TOWN MANAGER'S REPORT    Town Manager Mary Jacobs provided a brief update regarding the drainage improvements taking place 3-4-20 Minutes, Town Council Regular Session 1   Town Manager Mary Jacobs provided a brief update regarding the drainage improvements taking place at Naranja Park in preparation for the new playground structure. Public Works Director Paul Keesler provided a brief update regarding the chip-sealing project at Naranja Park.   ORDER OF BUSINESS    Mayor Winfield reviewed the order of business and stated that the order would stand as posted.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    President and CEO of the Greater Oro Valley Chamber of Commerce and Oro Valley resident Dave Perry voiced his concerns regarding the proposed impact fees for Oro Valley.   PRESENTATIONS   1.Presentation of Youth Art by the Arts and Culture Ambassadors       Arts and Cultural Ambassadors Shasha Case and Gail Munden introduced the pieces of artwork on display in the Council Chambers which were created by students from Innovation Academy, Immaculate Heart High School and Quest Academy for Education and Excellence.   CONSENT AGENDA   A.Minutes - February 19, 2020      B.Resolution No. (R)20-10, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and the Pima County Recorder to provide election services for the August 4, 2020 Primary Election and the November 3, 2020 General Election       Motion by Councilmember Bill Rodman, seconded by Councilmember Rhonda Piña to approve Consent Agenda items (A) - (B).  Vote: 7 - 0 Carried   REGULAR AGENDA   1.DISCUSSION AND POSSIBLE ACTION REGARDING RESOLUTION NO. (R)20-11, PROVIDING NOTICE OF INTENT TO INCREASE THE POTABLE WATER BASE RATES, DECREASE THE RECLAIMED WATER COMMODITY RATE AND DECREASE THE RECLAIMED WATER GROUNDWATER PRESERVATION FEE FOR THE ORO VALLEY WATER UTILITY       Oro Valley Water Utility Director Peter Abraham presented item #1 and included the following: Notice of Intent (NOI) to Change Water Rates Schedule Questions     3-4-20 Minutes, Town Council Regular Session 2   Motion by Councilmember Bill Rodman, seconded by Councilmember Rhonda Piña to approve Resolution No. (R)20-11, providing notice of intent to increase the potable water base rates, decrease the reclaimed water commodity rate and decrease the reclaimed water groundwater preservation fee for the Oro Valley Water Utility    Discussion ensued amongst Council and staff regarding item #1.    Motion by Councilmember Bill Rodman, seconded by Councilmember Rhonda Piña to approve Resolution No. (R)20-11, providing notice of intent to increase the potable water base rates, decrease the reclaimed water commodity rate and decrease the reclaimed water groundwater preservation fee for the Oro Valley Water Utility.  Vote: 7 - 0 Carried   2.DISCUSSION AND POSSIBLE ACTION REGARDING A RANCHO VISTOSO PAD TEXT AMENDMENT AND CONCEPTUAL LANDSCAPE PLAN TO CONVERT A NATURAL OPEN SPACE AREA INTO A CONSTRUCTED LANDSCAPED BUFFER YARD LOCATED AT THE NORTHWEST CORNER OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD AT THE RANCHO VISTOSO CENTER, 1901527. THE REQUEST INCLUDES THE FOLLOWING ITEMS. A. RESOLUTION NO. (R)20-12, DECLARING THE PROPOSED RANCHO VISTOSO PAD TEXT AMENDMENT A PUBLIC RECORD B. PUBLIC HEARING: ORDINANCE NO. (O)20-02, RANCHO VISTOSO PAD TEXT AMENDMENT TO CONVERT A REQUIRED OPEN SPACE AREA TO A CONSTRUCTED LANDSCAPED BUFFER YARD C. CONCEPTUAL LANDSCAPE PLAN FOR THE OPEN SPACE AREA       Motion by Councilmember Bill Rodman, seconded by Councilmember Rhonda Piña to approve Resolution No. (R)20-12, declaring the proposed Rancho Vistoso PAD Text Amendment a public record.  Vote: 7 - 0 Carried    Senior Planner Hannah Oden presented items 2B and 2C and included the following: Purpose Location Map Applicant Request Item B: Proposed Text Amendment Existing Conditions Item C: Conceptual Landscape Plan Public Outreach General Plan and Zoning Code Conformance Summary and Recommendation Mayor Winfield recessed the meeting at 6:58 p.m. Mayor Winfield reconvened the meeting at 7:02 p.m. Chris Laria with The Planning Center, and representing the applicant, provided an overview of the proposed Rancho Vistoso PAD and Conceptual Landscape Plan and included the following: Regional Context Map Location Map General Plan Land Use Map Zoning Map 3-4-20 Minutes, Town Council Regular Session 3  Goals and Objectives Project Evolution and Outreach Landscape Buffer Sections Continued Work Questions Mayor Winfield opened the public hearing. No comments were received. Mayor Winfield closed the public hearing.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Steve Solomon to adopt Ordinance No. (O)20-02, the Rancho Vistoso PAD Text Amendment, to permit construction of a landscaped buffer yard within the open space area, based on the finding that the application is in conformance with the Your Voice, Our Future General Plan and Zoning Code.  Vote: 7 - 0 Carried    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Steve Solomon to approve Item C, the Conceptual Landscape Plan, subject to the conditions in Attachment 3, based on the finding that the application is in conformance with all Zoning Code requirements. Attachment 3 Conditions of Approval Rancho Vistoso Center Conceptual Landscape Plan (Case No.1901527) Planning 1. Address the following comments on the associated Landscape Plans: a. Mesquite and palo verde trees, whether from a nursery or transplanted, must be spaced 20' apart (Section 27.6.C.2.j). Move transplanted plants on the northern portion of the project farther apart. Or, a letter may be submitted by a landscape architect documenting in writing that a particular variety will thrive at a closer distance without negative impact to adjacent trees or vegetation and approved by the Planning and Zoning Administrator. b. Revise the screen wall for vehicle headlights at the southwest portion of the project to be a minimum of 42" (3.5') high (Section 27.6.C.5.xi). c. A duplicate of plant 179 was marked in the field and must be reflected on the plan set. d. A remaining palo verde tree by plant 145 must be inventoried and reflected on the plan set. e. Plant 150 must be reflected in the inventory table with a corresponding treatment. f. Verify the caliper of vegetation by plant 152 and 159 and include in the landscape plan if plants meet the criteria per Section 27.6.B.4.c.ii.    Discussion ensued amongst Council and staff regarding item C.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Steve Solomon to approve Item C, 3-4-20 Minutes, Town Council Regular Session 4   Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Steve Solomon to approve Item C, the Conceptual Landscape Plan, subject to the conditions in Attachment 3, based on the finding that the application is in conformance with all Zoning Code requirements. Attachment 3 Conditions of Approval Rancho Vistoso Center Conceptual Landscape Plan (Case No.1901527) Planning 1. Address the following comments on the associated Landscape Plans: a. Mesquite and palo verde trees, whether from a nursery or transplanted, must be spaced 20' apart (Section 27.6.C.2.j). Move transplanted plants on the northern portion of the project farther apart. Or, a letter may be submitted by a landscape architect documenting in writing that a particular variety will thrive at a closer distance without negative impact to adjacent trees or vegetation and approved by the Planning and Zoning Administrator. b. Revise the screen wall for vehicle headlights at the southwest portion of the project to be a minimum of 42" (3.5') high (Section 27.6.C.5.xi). c. A duplicate of plant 179 was marked in the field and must be reflected on the plan set. d. A remaining palo verde tree by plant 145 must be inventoried and reflected on the plan set. e. Plant 150 must be reflected in the inventory table with a corresponding treatment. f. Verify the caliper of vegetation by plant 152 and 159 and include in the landscape plan if plants meet the criteria per Section 27.6.B.4.c.ii.  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 Rhonda Piña to adjourn the meeting at 7:19 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 regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 4th day of March 2020. I further certify that the meeting was duly called and held and that a quorum was present. 3-4-20 Minutes, Town Council Regular Session 5  Dated this _____ day of ____________________, 2020. ___________________________ Michael Standish, CMC Town Clerk 3-4-20 Minutes, Town Council Regular Session 6     Town Council Regular Session B. Meeting Date:04/01/2020   Requested by: Magistrate Court Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Appointment of Judge Pro Tempore for the Oro Valley Magistrate Court RECOMMENDATION: The Town Magistrate, Hon. George Dunscomb, recommends the Hon. Michael Pollard and Mathew Randle be appointed as judges pro tempore of the Oro Valley Magistrate Court. EXECUTIVE SUMMARY: All courts have a list of attorneys or other judges to sit in the court and hear cases when a judge has a conflict or is unavailable to preside. BACKGROUND OR DETAILED INFORMATION: All courts have attorneys or judges in other courts who are available to hear cases when the Magistrate is unavailable or there is a conflict on a certain case. The Magistrate Court needs to add some new names to the list to assure we are able to find a pro tempore when one is needed and because we have lost one of our pro tems because she moved. FISCAL IMPACT: The Court already has a designated line item in the budget to cover pro tempore judges, and the Court only calls one at a time. SUGGESTED MOTION: I MOVE to appoint Hon. Michael Pollard and Mathew Randle as Judges Pro Tempore for the Oro Valley Magistrate Court. Attachments Matt Randle Judge Pro Tem  Hon Michael Pollard Judge Pro Tem     Town Council Regular Session C. Meeting Date:04/01/2020   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Resolution No. (R)20-13, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County, extending the terms of the existing IGA for Pima County to provide street naming and addressing services RECOMMENDATION: Staff recommends retaining Pima County as the service provider for the regional addressing services, through the attached IGA (see Attachment 1), and that funding for these services be directly charged to the customer by Pima County. EXECUTIVE SUMMARY: On July 6, 2010, the Town of Oro Valley and Pima County entered into an Intergovernmental Agreement (IGA) to establish the authority for the creation of addresses to property and improvements within the jurisdictional boundaries of the Town. The term of each IGA is five (5) years.  The IGA was renewed in 2015 and extended until July 2020. In order for the County to continue providing said addressing services, the terms of the IGA need to be extended. The new IGA (see Attachment 1) will extend the terms of the existing IGA for an additional five (5) years, with further renewals upon the written agreement of the parties. BACKGROUND OR DETAILED INFORMATION: Uniform addressing is an important tool for public safety first responders and is the most desirable way of assigning new addresses across jurisdictional boundaries. Pima County is the regional addressing services provider for most jurisdictions throughout the County. IGAs have been in place for these services since the mid-1980's. The current IGA between the Town and Pima County will expire on July 7, 2020.  In addition to the uniformity provided by this current arrangement, the County providing a regional addressing approach makes sense from a business practice. Costs for development related activities are seldom fully recovered by user fees. If the Town were to undertake these functions, there would most likely be a portion of this program subsidized by the General Fund. In addition, this service is not a development function such as planning, permitting or inspections in which the Town most definitely needs to maintain its own identity. In this case, regional uniformity is advantageous and less costly to the Town when managed by others. The proposed IGA (Attachment 1) extends the current agreement (Attachment 2) for five (5) years and retains Pima County as the service provider for regional addressing services, and specifies that funding for these services be directly charged to the customer. The Town of Oro Valley has historically entered into this agreement with the County. A list of former resolutions are:  (R)15-38 approved on 6/3/15 (R)10-05 approved on 1/20/10 (R)07-136 approved on 12/19/07 (R)00-103 approved on 12/6/00 (R)267 approved on 9/11/86 FISCAL IMPACT: There is no fiscal impact to the Town. All fees are paid by the individual requesting the service. SUGGESTED MOTION: I MOVE to (Adopt or Deny) Resolution No. (R)20-13, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County, extending the terms of the existing IGA for Pima County to provide street naming and addressing services. Attachments (R)20-13 Resolution Attachment 1 - IGA Street Naming  Attachment 2 2015 IGA with Pima County  Attachment 3 2010 IGA  RESOLUTION NO. (R)20-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING THE SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VALLEY AND PIMA COUNTY FOR STREET NAMING AND ADDRESSING SERVICES; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, pursuant to ARS § 11-951, the Town of Oro Valley (“Town”) and Pima County (“County”) may enter into agreements with one another for joint or cooperative action; and WHEREAS, pursuant to ARS § 11-802, Pima County is authorized to plan and provide for future growth and improvement within the County and coordinate all improvements therewith; and WHEREAS, pursuant to Pima County Code § 18.83.040, Pima County established a uniform system for street names and address numbers; and WHEREAS, pursuant to ARS § 9-240, the Town is authorized to ad dress properties; and WHEREAS, on July 6, 2010, the Town and the County entered into an Intergovernmental Agreement to establish the authority for the creation of addresses to property and improvements within the jurisdictional boundaries of the Town; and WHEREAS, on July 7, 2015 the Town and the County agreed to extend the IGA for an additional five years; and WHEREAS, the County and Town desire to extend the IGA for an additional five years; and WHEREAS, it is in the best interest of the Town to enter into this second amendment to the Intergovernmental Agreement, attached hereto as Exhibit “A”, between the Town and Pima County for street naming and addressing services. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL of the Town of Oro Valley, Arizona that: SECTION 1. The second amendment to the Intergovernmental Agreement between the Town of Oro Valley and Pima County for street naming and addressing services, attached hereto as Exhibit “A”, is hereby approved. SECTION 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 1st day of April, 2020. TOWN OF ORO VALLEY _______________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director ______________________________ ______________________________ Date Date EXHIBIT “A” SECOND AMENDMENT EXTENDING INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR STREET NAMING AND ADDRESSING SERVICES This Intergovernmental Agreement Amendment is entered into by and between Pima County, a body politic and corporate of the State of Arizona (“County”) and Town of Oro Valley (“Oro Valley”) pursuant to A.R.S. § 11-952. Recitals A. On July 6, 2010, the County and Oro Valley entered into an Intergovernmental Agreement (“IGA”) to establish the authority for the creation of addresses to property and improvements within the jurisdictional boundaries of the Town. B. On July 7, 2015, the County and Oro Valley agreed to extend the IGA an additional five years. C. The term of the first amendment to the IGA is five years and expires on July 7, 2020. D. The County and Oro Valley desire to extend the IGA for an additional five years, with further renewals upon the written agreement of the parties. Agreement Therefore, the County and Oro Valley mutually agree as follows: 1. The IGA is extended for an additional five years, effective July 7, 2020 and terminating July 7, 2025, unless, prior to the expiration of the period, extended or terminated by agreement of the parties. 2. Paragraph 7c is hereby amended to state “County shall perform all activities necessary to update and maintain addresses in the County’s GIS mapping.” 3. Paragraph 10 is hereby amended to state “County shall obtain recorded maps and plats electronically from the Pima County Recorder’s office.” 4. Paragraph 12 is hereby amended to state “Oro Valley shall verify and use assigned addresses as shown in the County’s GIS mapping in approving Oro Valley plats, development plans and other land use regulations and in issuin g Oro Valley permits. Those individuals not having an assigned address will be sent to County for assignment.” 5. All other terms and provisions of the IGA shall continue in full force and effect. In witness whereof, the County has caused this Intergovernmental Agreement Amendment to be executed by the Chairman of its Board of Supervisors and attested to by the Clerk of the Board, and Town of Oro Valley has caused this Intergovernmental Agreement Amendment to be executed by the Mayor upon resolution of the Mayor and Council and attested to by: PIMA COUNTY: TOWN OF ORO VALLEY : Chairman, Board of Supervisors Mayor ATTEST: Clerk of the Board Town Clerk ATTORNEY CERTIFICATION: The foregoing Amendment to the Intergovernmental Agreement between Pima County and the Town of Oro Valley has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the Sta te of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County: Town of Oro Valley: ______________________________ ______________________________ Deputy County Attorney Oro Valley Legal Services Director    Town Council Regular Session D. Meeting Date:04/01/2020   Requested by: John Teachout Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)20-14, authorizing and approving Grant Contract No. 2020-405d-058 between the Oro Valley Police Department and the Governor's Office of Highway Safety for funding DUI/impaired driving enforcement related equipment – One (1) fully-equipped police package vehicle RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: In February 2020, a request was submitted to GOHS for an unmarked traffic enforcement car under the DUI/Impaired Driving Enforcement grant with the goal of reducing aggressive enforcement of distracted driving behavior through enforcement, education and public awareness throughout the Town of Oro Valley. As a result, the Police Department has been awarded $50,000 in grant capacity.  BACKGROUND OR DETAILED INFORMATION: On March 12, 2020, the Police Department received Contract No. 2020-405d-058, entitled "DUI/Impaired Enforcement Related Equipment - One Fully-Equipped Police Package Vehicle," awarding $50,000 in grant funding for a fully-equipped police package vehicle.  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)20-14, authorizing and approving Grant Contract No. 2020-405d-058 between the Oro Valley Police Department and the Governor’s Office of Highway Safety (GOHS) for funding of DUI/Impaired Driving Enforcement Related Equipment – One Fully-Equipped Police Package Vehicle. Attachments (R)20-14 Grant Funding DUI  GOHS 2020-405d-058 Contract  C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@0C1D6B07 \@BCL@0C1D6B07.doc RESOLUTION NO. (R)20-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT CONTRACT BETWEEN THE ORO VALLEY POLICE DEPARTMENT TO THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING IMPAIR ED DRIVING RELATED EQUIPMENT – ONE FULLY EQUIPPED POLICE PACKAGE VEHICLE; 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 INTEN T 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 and 405d funds to fund ONE (1) Fully Equipped Police Package Vehicle to enhance DUI/Impaired Driving related 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 is authorized to enter into and execute the attached Governor’s Office of Highway Safety Highway Safety Grant Contract, attached hereto as Exhibit “A” and incorporated herein by this reference, on behalf of the Town of Oro Valley. 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 Town of Oro Valley, Arizona, this 1st day of April, 2020. C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@0C1D6B07 \@BCL@0C1D6B07.doc 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: C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@0C1D6B07 \@BCL@0C1D6B07.doc 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-058 ADDRESS PROGRAM AREA: 11,000 N. La Canada, Oro Valley, AZ, 85737 405d, 402-PTS 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley John Teachout ADDRESS 3. PROJECT TITLE: 11,000 N. La Canada, Oro Valley, AZ, 85737 DUI/Impaired Driving Enforcement Related Equipment – One (1) Fully-Equipped Police Package Vehicle 4. GUIDELINES: 405d - DUI/Impaired Driving, 402 - Police Traffic Services 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 405d funds will support Capital Outlay: One (1) Fully equipped Police Package Vehicle to enhance DUI/Impaired Driving and STEP Enforcement throughout the Town of Oro Valley. The total amount of funding for this contract will include 60% GOHS 405d funds and 40% GOHS 402 funds. 6. BUDGET COST CATEGORY Project Period FFY 2020 I. Personnel Services $0.00 II. Employee Related Expenses $0.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $50,000.00 TOTAL ESTIMATED COSTS $50,000.00 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: $50,000.00 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-058 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 104 Total Population in city/town or county: 44,350 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: The Oro Valley Police Department has seen a rise in traffic collisions in excess of 10% from 2017 to 2019, a result of distracted driving. In 2019, the Oro Valley PD investigated six traffic fatalities, whereby two deaths were directly attributed to distracted driving and are in the process of prosecution. Most motorists are aware of the local and state law prohibiting the use of an electronic device while operating a motor vehicle; however, enforcement efforts related to this law are compounded with difficulty, as most motorists tend to be in compliance at the sight of a marked police patrol unit. Violation of this law is rampant, yet difficult to enforce with a marked unit. Agency Funding: Federal 405d funds will support Capital Outlay: One (1) Fully-Equipped Police Package Vehicle to enhance DUI/Impaired Driving and STEP Enforcement throughout the Town of Oro Valley. The total amount of funding for this contract will include 60% GOHS 405d funds and 40% GOHS 402 funds. How Agency Will Solve Problem with Funding: The Oro Valley Police Department is requesting funding of DUI Enforcement/Equipment funds to assist the department in equipping Police Officers with the newest and needed Capital Equipment purchase of a Patrol Vehicle specifically equipped for the Southern Arizona environment. This vehicle will be identified and used to target DUI Enhanced and distracted driving (Operation Distracted Driving Patrols) during specific events, and high traffic holidays in the Oro Valley area. The purpose is to focus greater efforts into the enforcement of this local ordinance as a means of reducing property damage, injury and fatal collisions within the incorporated boundaries of Oro Valley. Fiscal support from the Governor's Office of Highway Safety will allow Oro Valley PD to pursue the strict enforcement of this hands-free ordinance in Southern Arizona. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 3 PROJECT MEASURES: Agency Goals: To decrease the number of impaired-related crashes 25% from 34 during calendar year 2016 to 25 by December 31, 2019. To decrease fatalities in impaired-related crashes 100% from 0 in calendar year 2016 to 0 by December 31, 2019. To decrease serious injuries in impaired-related crashes 23 % from 11 in calendar year 2016 to 8 by December 31, 2019. Contract Objectives: To participate in a minimum of 4 DUI saturation patrols per quarter during FFY 2019. To participate in a minimum of 4 DUI task force operations per quarter during FFY 2019. Additional Contract Objectives: 1. Stop and issue a minimum of 50 citations/warnings per month for violations related to distracted driving. 2. Participate in a minimum of one public outreach event per quarter educating the public on the hazards of distracted driving. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 4 GOALS/OBJECTIVES: Federal 405d funds will support Capital Outlay: One (1) Fully equipped Police Package Vehicle to enhance DUI/Impaired Driving and STEP Enforcement throughout the Town of Oro Valley. The total amount of funding for this contract will include 60% GOHS 405d funds and 40% GOHS 402 funds. Expenditures of funding pertaining to Impaired Driving and STEP 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 and STEP 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. 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: Capital Outlay - To purchase/procure the following Capital Outlay for DUI/Impaired Driving Enforcement Activities: One (1) Fully-Equipped Police Package Vehicle 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. 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. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 5 EQUIPMENT: One (1) Fully-Equipped Police Package Vehicle Agencies receiving funding for Capital Outlay (major equipment) such as DUI processing vans, marked and unmarked enforcement sedans, and marked enforcement motorcycles shall schedule a press conference acknowledging the grant award from the Governor's Office of Highway Safety. The purpose of this press conference is for the Agency to present the equipment to their community. The Oro Valley Police Department shall immediately notify GOHS if any equipment purchased under this Contract ceases to be used in the manner described in this Contract. In such event, the Oro Valley Police Department further agrees to dispose of this equipment using the Oro Valley Police Department's, city, town, or county ordinance, code, or rule regarding disposal of equipment. In the absence of an ordinance, code, or rule regarding the disposal of the property, the Oro Valley Police Department may refer to that of the State. The Oro Valley Police Department shall maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. The Oro Valley Police Department shall incorporate any equipment purchased under this Contract into its inventory records. The Oro Valley Police Department shall insure any equipment purchased under this Contract for the duration of its useful life. Self- insurance meets this requirement. Administrative and Maintenance Costs: The Oro Valley Police Department shall be responsible for all administrative, maintenance, operational costs, and the costs of any damage relating to the One (1) Fully-Equipped Police Package Vehicle. Decals: The Governor's Office of Highway Safety shall provide the Oro Valley Police Department with decals depicting the Governor's Office of Highway Safety logo. These decals shall be affixed to the equipment before being placed in service. Equipment Purchase: The equipment purchased under this Contract shall be ordered, received, training completed, and placed in service prior to the end of the project period. If the Agency cannot meet this requirement, the Agency must submit a letter of explanation signed by the Project Director on the Agency’s letterhead via mail or hand delivered to the Director of the Governor's Office of Highway Safety within sixty (60) days before the end of the project period. 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 that the procurement procedures conform to applicable Federal and State 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 shall use the State procurement process. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 6 Original Purpose of Equipment: Pursuant to 23 CFR §1300.31, all equipment purchased under this Contract is to be used for the original purpose intended under this Contract. All equipment shall be used for the originally authorized grant purposes for as long as needed for those purposes. Neither the State nor the Agency (sub-grantees) or contractors shall encumber the title or interest while such need exists. The Governor’s Office of Highway Safety shall reserve the right to transfer title of equipment acquired under the Section 405 program to the Federal government or to a third party when such third party is otherwise eligible under existing statutes. Furthermore, 2 CFR §200.313 states that equipment (acquired under this grant) shall be used by the grantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. Insurance: It is agreed that the Oro Valley Police Department shall adequately insure all capital equipment purchased under this Contract for repair or replacement. SPECIFIC REQUIREMENTS: POLICE PACKAGE VEHICLES: Requirements for Police Package Vehicle (Marked and Unmarked): Equipment included with the vehicle, at a minimum is emergency equipment (lights and siren), police radio system, and may include speed detection device and in-car video system. The make, model, and color of this vehicle may or may not be that which is associated with traditional enforcement vehicles. EQUIPMENT – Requirements for Equipment: The Oro Valley Police Department shall provide a high quality color photograph of all equipment purchased under this Contract. The Oro Valley Police Department shall complete the attached Capital Outlay Equipment form for all individual equipment purchases of $5,000.00 or more. The form is to be attached and submitted with the next quarterly report subsequent to the delivery of the equipment. 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. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 7 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. 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. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 8 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: Kara Riley, 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 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 Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 9 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 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. Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 10 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-058 11 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-058 12 ESTIMATED COSTS: I. Personnel Services (overtime) $0.00 II. Employee Related Expenses (ERE) $0.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay One (1) Fully-Equipped Police Package Vehicle $50,000.00 TOTAL ESTIMATED COSTS *$50,000.00 *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 $50,000.00. TABLE REPRESENTS HOW THIS CONTRACT WILL BE FUNDED BY AGENCY/PROGRAM PROGRAM SOURCE CFDA PERCENT OF TOTAL DOLLAR AMOUNT GOHS Contribution (405d) 20.616 60% $30,000.00 GOHS Contribution (402) 20.600 40% $20,000.00 TOTAL FUNDED 100% $50,000.00 Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 13 Arizona Governor’s Office of Highway Safety Capital Outlay Equipment Record Equipment $5,000.00 or more Equipment Description Make/Model Serial Number Date Ordered Date Received Cost Per Unit Note: Photographs of all Capital Outlay Equipment must be submitted with form Oro Valley Police Department GOHS HIGHWAY SAFETY CONTRACT 2020-405d-058 14 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-058 15 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-058 16 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-058 17 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-058 18 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-058 19 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-058 20 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-058 21 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-058 22 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-058 23 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-058 24 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-058 25 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: Kara Riley, 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-058 26 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §405d, §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 405d, 402-PTS, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $50,000.00 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 E. Meeting Date:04/01/2020   Submitted By:Michelle Stine, Town Clerk's Office Case Number: 2000053 SUBJECT: Request for approval for conceptual art for Pusch Ridge Christian Academy, located east of Oracle Road between Calle Concordia and Linda Vista Boulevard RECOMMENDATION: The Planning and Zoning Commission recommended approval. EXECUTIVE SUMMARY: The purpose of this request is to consider a Conceptual Art application for Pusch Ridge Christian Academy, located east of Oracle Road between Calle Concordia and Linda Vista Boulevard as shown on the map to the right.  Art is required for all non-residential developments and is reviewed for conformance with the Design Principles and applicable Design Standards in the Zoning Code. Artwork requires consideration by both the Planning and Zoning Commission and Town Council when a "call for artists" process is not performed; as is the case with this application.  Numerous art pieces and donated works have been installed at Pusch Ridge Christian Academy over the years, including an outdoor performing arts amphitheater. Other pieces include a large wall mounted sundial, a wooden cross, and numerous pieces by Santa Theresa Tile Works (Attachment 2). The applicant is seeking to use existing eligible artwork and the amphitheater on campus to satisfy the art requirement for a classroom building currently under construction and future expansion. Eligible artwork is included under "Approved Cost" in Attachment 1. The artwork around the campus has been installed almost yearly since 2006 and requires minimal maintenance (Attachment 1) as durable materials appropriate for the Sonoran Desert climate have been used. Lastly, the art pieces and amphitheater have been placed in visible, focal locations on campus (Attachment 3). The proposed artwork meets the Design Principles and applicable Design Standards of the Zoning Code. As such, the Planning and Zoning Commission recommended approval.    BACKGROUND OR DETAILED INFORMATION: Pusch Ridge Christian Academy is located on the east side of Oracle Road between Calle Concordia and Linda Vista Boulevard. Expansions at the campus are currently under construction, with additional buildings planned in the near future. Per Section 27.3.B.3 of the Zoning Code, art is required when additions are substantial (25% or more) and art has not previously been provided, which applies to the school expansion. While artwork and a performing arts amphitheater have been installed on campus over the years, no formal art submittal has been approved by the Town to date.  The required art is based off 1% of the building permit valuation and is to be installed prior to receiving a Certificate of Occupancy for the building expansions. The applicant is requesting to use eligible existing art on campus, including the amphitheater, to satisfy the 1% requirement for Building 3 (a 20,400 square foot classroom building currently under construction) and future building expansions, which will be no more than 188,600 square feet. Section 27.3.D.3 of the Zoning Code allows a portion of the requirement to be met by on-site performing art facilities used for and by the public for the promotion and production of the arts. The applicant is requesting to use a substantial portion of the amphitheater to satisfy the 1% art requirement. Other artwork on campus includes numerous mosaics by Santa Theresa Tile Works, a large wall mounted sundial, and a wooden cross as shown in the image to the right (Attachment 2). All eligible artwork is listed under "Approved Cost" in Attachment 1. Previous Approvals:  1980: Development Plan approved 2003: Revised Master Development Plan Approved, dividing a 40,000 sf classroom building into two separate buildings 2003: Architecture for a classroom building (Building 2) approved by the Development Review Board 2019: Architecture for a new classroom building (Building 3) and a modular building approved by Town Council 2019: Final Site Plan for Building 3 approved Proposed Art:  Performing arts amphitheater  Multiple ceramic tile mosaics by Santa Theresa Tile Works Wall mounted sundial by John Carmichael Wooden cross by Argentina Polo and Leather Company Cost Break Down: Please note, only art pieces with "approved cost" in Attachment 1 are being used to satisfy the art requirement. Because the amphitheater may satisfy a portion of the art requirement, $250,089 from the amphitheater cost is being used to help satisfy the required art budget listed below:  Estimated building permit valuation (Building 3 and requested 188,600 square feet for future expansion): $28,021,119 Required art budget: $280,211 Proposed art budget: $280,211 DISCUSSION AND ANALYSIS The applicant's request (Attachment 1) has been evaluated for conformance with the applicable Design Principles and Design Standards of the Zoning Code. The analysis of each is included below with the code in italics, followed by staff commentary.  Design Principles Analysis (Section 27.3.H) Quality: Artwork demonstrates originality, artistic quality, and excellence in design and craftsmanship; to be demonstrated through renderings, explanation of construction, materials, and artist resume. Staff Commentary : The proposed original artwork pieces are located throughout campus and have held up to the harsh desert elements over the years. High quality materials have been used that are appropriate to the outdoor environment, and all works are original, designed specifically for the campus to reflect the school's values. Santa Theresa Tile Works, John Carmichael, and Argentina Polo and Leather Company are the artists and demonstrate excellence in design through craftsmanship, quality, and experience.  The performing arts amphitheater is made of durable concrete material with a shade cloth and glass mosaics integrated into the walkways. This is the only amphitheater of its kind, and was designed specifically for the campus for the promotion of the arts. It is widely used for art education and performances that are open to the public.  Response to Context: Artworks should be appropriate in scale, material, form and content for the immediate and general social and physical environments with which they are to relate. Staff Commentary: The scale of the artwork and performing arts amphitheater is appropriate for the campus. The amphitheater is large enough for public performances with ample seating for spectators. It fits into the context of the larger campus and promotes pedestrian circulation and serves as a gathering space for students and classes.  The additional art pieces are generally large and scaled appropriately to the outdoor environment and buildings. The wood cross is visible at the main entrance, and the sundial compliments the building wall where it is mounted. Tile mosaics are placed around campus in visible locations and are often themed to reflect the religious context of the campus. These pieces are appropriate in scale and material to the larger campus and where they are placed. Durability: Consideration should be given to the structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and excessive maintenance and repair costs. Staff Commentary: The proposed artwork is made of durable materials that have held up to the harsh desert elements over the years and have been professionally installed. This includes ceramic tile, steel, wood, and concrete. Maintenance is minimal, requiring cleaning with warm water when needed. The campus has designated the experienced Maintenance Supervisor to oversee the maintenance of the art. Campus gates are locked at night to protect the artworks from vandalism and campus security personnel protect the art during the day (Attachment 1). Integration: Where possible, in addition to meeting aesthetic requirements, artworks should also serve to establish focal points, modify, enhance, or define specific spaces or establish identity. Staff Commentary: The artwork and amphitheater are located at prominent locations on campus where students congregate and are visible to the public. This includes the main entrance to the campus and building facades, all of which establish focal points for the site (Attachment 3). Safety: Artworks should not present a hazard or create unsafe conditions. Staff Commentary: The artwork and amphitheater are installed to not present a safety hazard to students or the public and have been professionally installed.  Diversity: Artwork should contribute to a diversity of style, scale, mass, media, artists, community values and forms of expression within the Town. Staff Commentary: The art on campus is of a variety of mediums, including ceramic tile, wood, and steel. The amphitheater is constructed from concrete with glass mosaics incorporated into the walkways. The scale varies, from the large performance space to smaller tiles. All artwork on the campus is original and unique and provides a wide diversity and expression.  Visibility: Artworks should be visible and accessible for the purposes of public enjoyment and security, considering pedestrian and vehicular traffic, lighting, active hours on site and future development and vegetation growth. Staff Commentary: The artwork and amphitheater on campus is highly visible. The sundial, cross, amphitheater, and some ceramic tile pieces are located at the entrance to the school where students congregate and do not impede pedestrian or vehicular circulation. Other pieces are located near the entrance to the classroom building and are also visible and accessible (Attachment 3). The campus is open to the public for the enjoyment of the art and amphitheater. The pieces will not be impacted by future expansion of the campus or vegetation growth.  Feasibility: Consideration should be given to the likelihood of successful completion of the artwork. Factors to be considered include but are not limited to: project budget, timeline, artist's experience and soundness of materials. Staff Commentary: The aforementioned artwork and amphitheater are complete and currently exist on the campus. Advertising Elements: Public art shall not reflect or include advertising elements of a business or corporation including colors, graphics, logos or other representations of corporate identity. Staff Commentary: The artwork and amphitheater do not contain any elements of corporate advertising.  Design Standards Analysis (Addendum A) Public art shall be integrated into the overall design of the project and shall be located in areas of high visibility and use such as courtyards, seating areas, and along public roadways. Staff Commentary: The artwork and amphitheater are located in highly utilized, focal areas on campus, including the entrance to the school which serves as a primary gathering space for the campus community and visitors. The art has been installed to compliment the overall design of the campus. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission considered the applicant's request on March 3, 2020 (for draft meeting minutes, see Attachment 4). The staff report to Planning and Zoning Commission is included in Attachment 5. A summary of the main topics are discussed below:  Concern over safety and artwork getting hot: The artwork is installed to not pose safety risks to students, who are junior high and above. Per the applicant, the art pieces will not get hot enough to pose a safety risk to students or the public.  Clarification on when the school was first built and what buildings the proposed art will cover: The school was first built prior to the adoption of the art requirements. As a result, art requirements only apply to expansion areas. The proposal meets the requirements associated with a new classroom building and future expansion as shown on the approved development plan. SUMMARY OF PUBLIC NOTICE Public notice has been provided:  Posted at Town Hall and on website CONCLUSION/RECOMMENDATION The proposed Conceptual Art meets the Design Principles and applicable Design Standards of the Zoning Code. As such, the Planning and Zoning Commission recommended approval.  FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve the Conceptual Art included under the "Approved Cost" in Attachment 1 for Pusch Ridge Christian Academy based on the finding that it meets the Design Principles and Design Standards of the Zoning Code. OR I MOVE to deny the Conceptual Art for Pusch Ridge Christian Academy based on __________.  Attachments Attachment 1: Applicant Submittal  Attachment 2: Existing Artworks  Attachment 3: Art Location Map  Attachment 4: Draft Planning Commission Meeting Minute 3.3.20  Attachment 5: Staff Report to Planning Commission 3.3.20  PRCA Art Compliance Request 1. Narrative Description. The Oro Valley Code authorizes use of the one percent (1%) contribution for Arts to construct a performing art facility. PRCA has spent 280, 297 for a facility used for the promotion and production of the arts. PRCA also has approximately 1M in constructi on underway for art, drama and music related educational facilities and substantial existing art on campus. Based on the foregoing, the school is requesting Town Council approval for the performing arts facility to satisfy the art requirement for construction of Building 3 with 20,403 square feet and additional future construction of no more than 188,600 square feet. Supplemental pdf and spreadsheet for this narrative are attached. PRCA started installing significant art within the campus starting in 2006. Art is spread throughout the campus at student gathering areas. In some cases, the art has been commissioned and purchased by a graduating class as an expression of gratitude for their educational experience at PRCA. Pictures of the art and amphitheat er are in the first attached pdf and followed by a pdf with the location of art related features. As shown in the pdf, there is a range or artwork type and style with a common focus around the educational mission of the school. The art was often selected to provide inspiration and the range of themes include inspiration for learning, faith, community, gratitude, perspective and school spirit. 2. Location. Attached is an aerial with locations of the art. 3. Art Characteristics. Depictions of the art are provided in the attached pdf title PRCA Art On Site Art. Description Artist/Vendor Cost Approved Cost 1 Seven-Pillar Mosaic Wall Art Santa Theresa Tile (Student constructed)2,276$ 2,276$ 2 Bronze Lion Large Art Company 3,995$ 3 Mosaic on fire pit Santa Theresa Tile 2,200$ 2,200$ 4 Bible Fountain Mosaic Stepping Stones Harlows Nursery/ Custom masonry 900$ 5A Sundial Sundial Sculptures, John Carmichael 3,500$ 3,500$ * 5B Sundial Mosaic Santa Theresa Tile inc 6 Bronze Reading Children Bench Large Art Company 4,315$ 7 Old Rugged Cross Argentina Polo & Leather Company 2,500$ 2,500$ 8 Custom Wall with Mosaic Santa Theresa Tile 15,000$ 15,000$ 9 Mosaic glass bridges and paths Concord et al 4,500$ * 10 Kiln Room Mosaic Santa Theresa Tile 300$ 300$ 11 Shakespeare Quotes Lettering Santa Theresa Tile 4,346$ 4,346$ 12 Performing Arts Amphitheatre Concord et al 280,297$ 280,297$ Total 324,129$ 310,419$ * estimated 4. Implementation Timeline. – Previously constructed and completed. 5. Art Cost. Cost of the art and amphitheater is provided above. This approval request is to have the art investment made to date provide compliance for both Building 3 (under construction) and an additional 188,658 in future building construction (see worksheet attached). The foregoing is solely based on the cost of the performing arts amphitheater. 6. A statement addressing compliance with each of the review criteria specified in the Oro Valley Zoning Code Section 27.3.G and Section 27.3.H. G. Design and Location Requirements 1.Significant portions of the Public artwork are by artists for Santa Theresa Tile, and this firm has been approved by Oro Valley for other public art. 2.Public artwork does not include functional architectural elements except with respect to the Performing Arts theatre and the mosaic glass integrated into the paths. 3.Public artwork is integrated into exterior student gathering places within the campus and is easily accessible and clearly visible within the campus and identified on the location plan. 4.Public artwork is permanent and integrated with the work of other design professionals. 5.Public artwork is located outside of right of way and outside of sight visibility triangles. H. Public Art Design Principles 1.Quality Photos of public artwork have been provided to demonstrate the originality, artistic quality, and excellence in design and craftsmanship. 2.Response to Context Photos of public artwork have been provided to show the public artwork is appropriate in scale, material, form and content for the immediate and general social and physical environments with which they are to relate. 3.Durability The tile, stone and steel used have structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and excessive maintenance and repair costs. 4.Integration The public artwork is located at focal points where students congregate to enhance these spaces. 5.Safety The artworks do not present a hazard or create unsafe conditions. 6.Diversity The Artworks include a diversity of style, scale, media, and artists. 7.Visibility The Artworks are visible and accessible for the purposes of public enjoyment and security, considering pedestrian and vehicular traffic, lighting, active hours on site and future development and vegetation growth. 8.Feasibility The artwork is complete. 9.Advertising Elements. The public artwork does not include advertising elements of the school. 7. Artist(s) Biography – A. Santa Teresa Tile. Santa Teresa tile artists have been approved by Oro Valley for other public artwork. Founded in 1996 by artist Susan Gamble, Santa Theresa Tile Works makes brilliant, distinctive tile and mosaics that epitomize Tucson decorative style. All Santa Theresa tile is handmade by artists in their workshop at the corner of Sixth Avenue and Sixth Street and the background for their artists are provided below: Bob De Armond. Bob has been working in ceramics for 50 years. He was formally the head designer and artist for a commercial dishware company. He is happy to design custom orders and his work can be seen in our showroom. Bob primarily teaches over-glaze decoration on plates and tiles and also mosaic workshops. Errin Kennedy. Erinn creates most of the awards and commemorative pieces that Santa Teresa Tile produces for Tucson businesses. She creates one of a kind custom orders and makes stock tile including her special design blue lotus flowers. When she is not in her studio at Santa Teresa Tile, she is a very talented painter. B. John Carmichael Sundial Sculptures. John began making sundials in 1992 after an artist friend gave him an old book on sundials. Born into a family of teachers and artists, and interested in astronomy and nature, he was amazed to find out that it was possible to design accurate and beautiful sundials of all shapes and sizes. He saw them as the perfect combination of art and science. He began designing and constructing sundials as a hobby that quickly turned into a business. He was awarded The Sawyer Dialing Prize in 2002: "In recognition of (John Carmichael's) efforts to bring dialing to the high tech world of a leading solar Observatory (Kitt Peak, Arizona), and his demonstration that it is still possible in the modern world to prosper as a traditional craftsman of high quality heliochronom eters." he constantly strives to improve sundials accuracy, legibility, and artwork. He makes colorful porcelain on steel sundials, painted wall sundials, and stained glass sundials and all of the artwork and fabrication is done by hand. C. Argentina Polo & Leather. Argentina Polo & Leather is dedicated to the tradition of handcrafting fine furniture using Old World techniques. Since 1984, the Classic and Traditional designs of their Mesquite-Ironwood furniture have reflected the rich cultural heritage of the past; a cultural blend of Spanish Colonial and Country French style, typically found in the “The Estancias” of Argentina. Each creation is thoughtfully and skillfully designed and engineered by owner, Alberto Mondet. From selecting these unique hardwoods for harvesting to hand-crafting each individual part, there is a rhythmic appreciation for the level of skill and craftsmanship required. Each piece is beautifully crafted using mortise and tenon joinery, providing strength and adding to the integrity of the art. 8. Provide a Maintenance Plan. Article 27.3H (3) requires that consideration be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and excessive maintenance and repair costs. The art within the campus is comprised of ceramic tile, brass sculptures, and steel and is very durable. Minimal maintenance is required for the tile and steel. PRCA has a staff of onsite maintenance personnel that provide daily cleaning and maintenance. Maintenance of public art with tile and steel is provided by cleaning with warm water as and when needed. The maintenance of the bronze statues will follow the bronze maintenance procedures attached hereto. The maintenance supervisor has extensive experience in building construction and will review public art work and coordinate with the artist as needed to implement repairs if the need arises in spite of the durable materials. The public artwork has been installed over the years starting in 2006 and the current depictions show well maintained public art. Security is provided by a police officer during operating hours of the school and after hours there are gates that restrict access to the campus. Maintenance Procedures for Outdoor Bronze Sculpture: Spring: Wax and buff before the weather gets too hot (late April, early May) Mid ‐ summer: Clean when weather is hottest (July or August) Fall: Wax and buff before the weather is too cold (late September) Wax and Buff: With a damp, sturdy cotton cloth, wipe sculpture with water. If dirt is in crevices, use a standard natural bristle paint brush to push dirt out, dry sculpture immediately. Lightly wax sculpture with pastry brush (or fine, natural‐ bristle brush)—use a thin coat, let dry a few minutes, then buff—first with shoe brush to reach creviced areas, second with a dry sturdy cotton cloth (shirt type). This wax and buff procedure of damp wash, dry, then buff without the extra coat of wax, can be done at any time throughout the year (except in winter) to clean any dust/dirt deposits. Note: If a white film develops in any of the creviced areas (film is easily scraped off with a fingernail) the coat of wax applied is too heavy. If this happens, the excess can be thinned out with a Naptha solvent, then wi ped and re‐waxed with a fine coat, and re‐buffed. Cleaning: On a hot day, when the sculpture is warm, use a damp rag (with water only) to clean the superficial dirt. Dry the sculpture. Soak a rag with Naptha solvent, and wipe down. This will remove some wax and dirt. Then, apply a heavier than normal coat of wax and wipe it off right away—this will bring more dirt off with the soft wax. Then, using a stiff pastry brush, push any excess wax out of the crevices and create an even, thin coat of wax over the whole surface of the sculpture. Let dry, and buff with a shoe brush and cloth. (Naptha solvent can be purchased at any auto body shop) Note: Magic marker graffiti can be removed with “Goo Gone” (available at Ace Hardware stores). Area cleaned with “Goo Gone” should then be rewaxed. Pusch Ridge Christian Academy A faith based education that embraces arts throughout the campus. 1. Seven Pillars Mosaic Wall Art 3. Mosaic on Fire Pit. Art to inspire community 5A. Sundial Art To Inspire Learning 5B. Sundial. Art to Inspire Learning II 7. Old Rugged Cross 8. Custom Wall with Mosaic 10. Kiln Room Mosaic 11 11. Shakespeare Quotes Lettering. Performing Arts Facility with caption from Shakespeare All the World’s a stage and all the men and women merely player. 5. Performing Arts Facility The art in the foregoing slides was often gifted to the school and have been only those approved by the Town are applied to the 1% Art requirement. A performing arts facility can be applied towards the required 1% cost. 5. Performing Arts Facility Use for Music and Theatre 5. Performing Arts Facility for Music and Theater 5. Performing Arts Facility for Theatrical Arts 5. Performing Arts Facility. More Theatrical Arts 5. Performing Arts Facility. More Theatrical Arts 5. Performing Arts Facility for Percussion Ensemble 5. Performing Arts Facility for Music School’s have a unique opportunity to inspire art appreciation, and Pusch Ridge Christian Academy commitment to the arts have allowed this performing facility to be a phenomenal contributor to Oro Valley’s mission to foster art appreciation! Performing Arts Facility Cost of $280,297. The Oro Valley Code provides as follows: A portion of the one percent (1%) may also be used to construct on-site performing art facilities used for and by the public for the promotion and production of the arts. This is a proven facility for the performing arts that is open and available to the public, and enriching the lives of Oro Valley students. Based on this facility, together with 1M in educational facilities for the arts, and existing art on campus, the school is asking that the performing arts facility satisfy the art requirement for construction of Building 3 with 20,403 square feet at 134.07 per square foot and additional future construction of no more than 188,600 square feet. Major Arts Facilities in the Current Expansion The latest building addition includes dedicated rooms for choir, band, musical instrument practice rooms, drama, art (with pottery kiln) and graphic arts. Over a third of the building area in this 3 Million Dollar addition are for promotion of the arts in education. D R A F T MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION March 3, 2020 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER Chair Gambill called the meeting to order at 6:00 p.m.   ROLL CALL Present: Celeste Gambill, Chair Jacob Herrington, Vice Chair Hal Bergsma, Commissioner Ellen Hong, Commissioner Skeet Posey, Commissioner Neal Herst, Commissioner Daniel Sturmon, Commissioner Staff Present:Michael Spaeth, Principal Planner Joe Andrews, Chief Civil Deputy Attorney Attendees: Melanie Barrett, Town Council Liaison PLEDGE OF ALLEGIANCE Chair Gambill led the Commission and audience in the Pledge of Allegiance.   CALL TO AUDIENCE There were no speaker requests.   COUNCIL LIAISON COMMENTS Council Liaison Melanie Barrett provided updates on the recent council retreat regarding budget, the new police chief, Parks and Recreation needs assessment study and playground, as well as past and upcoming items related to Planning on Town Council agendas.   REGULAR SESSION AGENDA   1.REVIEW AND APPROVAL OF THE FEBRUARY 4, 2020 REGULAR SESSION MEETING MINUTES       Motion by Commissioner Neal Herst, seconded by Commissioner Daniel Sturmon to approve the February 4, 2020 meeting minutes as written.  Vote: 7 - 0 Carried March 3, 2020 Planning and Zoning Commission Meeting Minutes 1  Vote: 7 - 0 Carried   2.DISCUSSION AND POSSIBLE ACTION REGARDING CONCEPTUAL PUBLIC ART FOR PUSCH RIDGE CHRISTIAN ACADEMY, LOCATED EAST OF ORACLE ROAD BETWEEN CALLE CONCORDIA AND LINDA VISTA BOULEVARD, 2000053       Senior Planner Hannah Oden provided a presentation that included the following: - Purpose - Location of subject property - Applicant's request to use existing art on campus - Current and future expansion - Public Art requirement - Design Principles and Design Standards - Summary and Recommendation Bill Hallinan, representing Pusch Ridge Christian Academy, provided a presentation which included photos and descriptions of the art around the campus. Discussion ensued among the Commission, applicant and staff.    Motion by Vice Chair Jacob Herrington, seconded by Commissioner Hal Bergsma to recommend approval of the Conceptual Public Art included under the "Approved Cost" in Attachment 1 for Pusch Ridge Christian Academy, based on the finding that it meets the Design Principles and Designs Standards of the Zoning Code.  Vote: 7 - 0 Carried   3.DISCUSSION REGARDING A TOWN COUNCIL REQUEST TO EXPLORE IF ARCHITECTURAL DESIGN STANDARDS SHOULD BE APPLIED TO CUSTOM HOMES       Senior Planning Technician Patty Hayes provided a presentation that included the following: - Purpose - Custom homes versus model homes - Design Standards - Custom homes - traditional styles - Custom homes - unique designs - Two specific custom homes that caused neighbor concerns - Interior spaces - Housing statistics - Future homes - Three options: (1) no change, (2) apply focused design standards, (3) apply all design standards - General Plan - Next steps - Summary Discussion ensued among the Commission and staff.   PLANNING UPDATE (INFORMATIONAL ONLY) Principal Planner Michael provided an update on upcoming neighborhood meetings and agenda items tentatively scheduled for the next Commission meeting.   ADJOURNMENT Chair Gambill adjourned the meeting at 6:50 p.m. March 3, 2020 Planning and Zoning Commission Meeting Minutes 2   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 Planning and Zoning Commission of Oro Valley, Arizona held on the 3rd day of March, 2020. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of March, 2020. ___________________________ Jeanna Ancona Senior Office Specialist March 3, 2020 Planning and Zoning Commission Meeting Minutes 3    Planning & Zoning Commission AGENDA ITEM: 2. Meeting Date:03/03/2020   Requested by: Bayer Vella, Community and Economic Development  Case Number: 2000053 SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING CONCEPTUAL PUBLIC ART FOR PUSCH RIDGE CHRISTIAN ACADEMY, LOCATED EAST OF ORACLE ROAD BETWEEN CALLE CONCORDIA AND LINDA VISTA BOULEVARD, 2000053 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The purpose of this request is to consider a Conceptual Public Art application for Pusch Ridge Christian Academy, located east of Oracle Road between Calle Concordia and Linda Vista Boulevard as shown on the map to the right.  Public art is required for all non-residential developments and is reviewed for conformance with the Design Principles and applicable Design Standards in the Zoning Code. Public art requires consideration by both the Planning and Zoning Commission and Town Council when a "call for artists" process is not performed; as is the case with this application.  Numerous art pieces and donated works have been installed at Pusch Ridge Christian Academy over the years, including an outdoor performing arts amphitheater. Other pieces include a large wall mounted sundial, a wooden cross, and numerous pieces by Santa Theresa Tile Works (Attachment 2). The applicant is seeking to use the existing artwork and amphitheater on the campus to satisfy the public art requirement for a classroom building currently under construction and future expansion. Eligible artworks are included under "Approved Cost" in Attachment 1. The artwork around the campus has been installed almost yearly since 2006 and requires minimal maintenance (Attachment 1) as durable materials appropriate for the Sonoran Desert climate have been used. Lastly, the art pieces and amphitheater have been placed in visible, focal places on campus (Attachment 3). The proposed artwork meets the Design Principles and applicable Design Standards of the Zoning Code. As such, staff recommends approval.    BACKGROUND OR DETAILED INFORMATION: Pusch Ridge Christian Academy is located on the east side of Oracle Road between Calle Concordia and Linda Vista Boulevard. Expansions at the campus are currently under construction, with additional buildings planned in the near future. Per Section 27.3.B.3, public art is required when additions are substantial (25% or more) and public art has not previously been provided, which applies to the school expansion. While the art works and a performing arts amphitheater have been installed on campus over the years, no formal public art submittal has been approved by the Town to date.  The required public art is based off 1% of the building permit valuation and is to be installed prior to receiving a Certificate of Occupancy for the building expansions. The applicant is requesting to use the existing art on campus, including the amphitheater, to satisfy the 1% requirement for Building 3 (a 20,400 square foot classroom building currently under construction) and future building expansions, which will be no more than 188,600 square feet. Section 27.3.D.3 of the Zoning Code allows a portion of the requirement to be met by on-site performing art facilities used for and by the public for the promotion and production of the arts. The applicant is requesting to use a substantial portion of the amphitheater to satisfy the 1% public art requirement. Other art work on campus includes numerous mosaics by Santa Theresa Tile Works, a large wall mounted sundial, and a wooden cross as shown in the image to the right (Attachment 2). All eligible artwork is listed under "Approved Cost" in Attachment 1. Previous Approvals:  1980: Development Plan approved 2003: Revised Master Development Plan Approved, dividing a 40,000 sf classroom building into two separate buildings 2003: Architecture for a classroom building (Building 2) approved by the Development Review Board 2019: Architecture for a new classroom building (Building 3) and a modular building approved by Town Council 2019: Final Site Plan for Building 3 approved Proposed Public Art:  Performing arts amphitheater  Multiple ceramic tile mosaics by Santa Theresa Tile Works Wall mounted sundial by John Carmichael Wooden cross by Argentina Polo and Leather Company Cost Break Down: Please note, only art pieces with "approved cost" in Attachment 1 are being used to satisfy the public art requirement. Because the amphitheater may satisfy a portion of the public art requirement, $250,089 from the amphitheater cost is being used to help satisfy the required art budget listed below.  Estimated building permit valuation (Building 3 and requested 188,600 square feet for future expansion): $28,021,119 Required art budget: $280,211 Proposed art budget: $280,211 DISCUSSION AND ANALYSIS The applicant's request (Attachment 1) has been evaluated for conformance with the applicable Design Principles The applicant's request (Attachment 1) has been evaluated for conformance with the applicable Design Principles and Design Standards of the Zoning Code. The analysis of each is included below with the code in italics , followed by staff commentary.  Design Principles Analysis (Section 27.3.H) Quality: Artwork demonstrates originality, artistic quality, and excellence in design and craftsmanship; to be demonstrated through renderings, explanation of construction, materials, and artist resume. Staff Commentary: The proposed original artwork pieces are located throughout campus and have held up to the harsh desert elements over the years. High quality materials have been used that are appropriate to the outdoor environment, and all works are original, designed specifically for the campus to reflect the school's values. Santa Theresa Tile Works, John Carmichael, and Argentina Polo and Leather Company are the artists and demonstrate excellence in design through craftsmanship, quality, and experience.  The performing arts amphitheater is made of durable concrete material with a shade cloth and glass mosaics integrated into the walkways. This is the only amphitheater of its kind, and was designed specifically for the campus for the promotion of the arts. It is widely used for art education and performances that are open to the public.  Response to Context: Artworks should be appropriate in scale, material, form and content for the immediate and general social and physical environments with which they are to relate. Staff Commentary: The scale of the artwork and performing arts amphitheater is appropriate for the campus. The amphitheater is large enough for public performances with ample seating for spectators. It fits into the context of the larger campus and promotes pedestrian circulation and serves as a gathering space for students and classes.  Additional art pieces are generally large and scaled appropriately to the outdoor environment and buildings. The wooden cross is visible at the main entrance, and the sundial compliments the building wall where it is mounted. Tile mosaics are placed around campus in visible locations and are often themed to reflect the religious context of the campus. These pieces are appropriate in scale and material to the larger campus and where they are placed. Durability: Consideration should be given to the structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and excessive maintenance and repair costs. Staff Commentary: The proposed artwork is made of durable materials that have held up to the harsh desert elements over the years and have been professionally installed. This includes ceramic tile, steel, wood, and concrete. Maintenance is minimal, requiring cleaning with warm water when needed. The campus has designated the experienced Maintenance Supervisor to oversee the maintenance of the public art. Campus gates are locked at night to protect the artworks from vandalism and campus security works to protect the art during the day (Attachment 1). Integration: Where possible, in addition to meeting aesthetic requirements, artworks should also serve to establish focal points, modify, enhance, or define specific spaces or establish identity. Staff Commentary: The artwork and amphitheater are located at prominent locations on campus where students congregate and are visible to the public. This includes the main entrance to the campus and building facades, all of which establish focal points for the site (Attachment 3). Safety: Artworks should not present a hazard or create unsafe conditions. Staff Commentary: The artworks and amphitheater are installed to not present a safety hazard to students or the public and have been professionally installed.  Diversity: Artworks should contribute to a diversity of style, scale, mass, media, artists, community values and forms of expression within the Town. Staff Commentary: The art on campus is of a variety of mediums, including ceramic tile, wood, and steel. The amphitheater is constructed from concrete with glass mosaics incorporated into the walkways. The scale varies, from the large performance space to smaller tiles. All artwork on the campus is original and unique and provides a wide diversity and expression.  Visibility: Artworks should be visible and accessible for the purposes of public enjoyment and security, considering pedestrian and vehicular traffic, lighting, active hours on site and future development and vegetation growth. Staff Commentary: The artwork and amphitheater on campus is highly visible. The sundial, cross, amphitheater, and some ceramic tile pieces are located at the entrance to the school where students congregate and do not impede pedestrian or vehicular circulation. Other pieces are located near the entrance to the classroom building and are also visible and accessible (Attachment 3). The campus is open to the public for the enjoyment of the art and amphitheater. The pieces will not be impacted by future expansion of the campus or vegetation growth.  Feasibility: Consideration should be given to the likelihood of successful completion of the artwork. Factors to be considered include but are not limited to: project budget, timeline, artist's experience and soundness of materials. Staff Commentary: The aforementioned artworks and amphitheater are complete and currently exist on the campus. Advertising Elements: Public art shall not reflect or include advertising elements of a business or corporation including colors, graphics, logos or other representations of corporate identity. Staff Commentary: The artworks and amphitheater do not contain any elements of corporate advertising.  Design Standards Analysis (Addendum A) Public art shall be integrated into the overall design of the project and shall be located in areas of high visibility and use such as courtyards, seating areas, and along public roadways. Staff Commentary: The artworks and amphitheater are located in highly utilized, focal areas on campus, including the entrance to the school which serves as a primary gathering space for the campus community and visitors. The art has been installed to compliment the overall design of the campus. SUMMARY The proposed Conceptual Public Art meets the Design Principles and applicable Design Standards of the Zoning Code. As such, staff recommends approval.  FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to recommend approval of the Conceptual Public Art included under the "Approved Cost" in Attachment 1 for Pusch Ridge Christian Academy based on the finding that it meets the Design Principles and Design Standards of the Zoning Code. OR I MOVE to recommend denial of the Conceptual Public Art for Pusch Ridge Christian Academy based on __________.  Attachments Attachment 1: Applicant Submittal  Attachment 2: Existing Artworks  Attachment 3: Art Location Map     Town Council Regular Session 1. Meeting Date:04/01/2020   Requested by: Councilmember Solomon & Councilmember Pina  Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: DISCUSSION REGARDING ACTIONS THE COUNCIL MAY TAKE TO ASSIST ORO VALLEY BUSINESSES AFFECTED BY THE COVID-19 VIRUS RECOMMENDATION: N/A. EXECUTIVE SUMMARY: This item was requested by Councilmember Solomon and Councilmember Piña. BACKGROUND OR DETAILED INFORMATION: N/A. FISCAL IMPACT: N/A. SUGGESTED MOTION: N/A. Attachments No file(s) attached.    Town Council Regular Session 2. Meeting Date:04/01/2020   Requested by: Councilmember Solomon & Councilmember Pina  Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING TEMPORARY WAIVER AND OR MODIFICATION OF THE TOWN'S TEMPORARY SIGN ORDINANCES FOR BUSINESSES AFFECTED BY THE COVID-19 VIRUS RECOMMENDATION: N/A. EXECUTIVE SUMMARY: This item was requested by Councilmember Solomon and Councilmember Piña.   BACKGROUND OR DETAILED INFORMATION: N/A. FISCAL IMPACT: N/A. SUGGESTED MOTION: I MOVE to direct the Town Manager and staff to suspend enforcement of the Temporary Sign Code Section 28.6.B. in all Oro Valley Commercial Zoning Districts until the COVID-19 pandemic subsides and the Mayor directs the Town Manager to start enforcement. Attachments No file(s) attached.