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HomeMy WebLinkAboutPackets - Council Packets (1875)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 1, 2024 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE For information on public comment procedures, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER   ROLL CALL   EXECUTIVE SESSION   1.Pursuant to A.R.S. §38-431.03(A)(3) and (A)(4) for legal advice, and litigation and settlement regarding the Clifton matter, Pima County Superior Court Cause of Action No. C20215129   RESUME REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   1.APPROVAL OF ANY DIRECTION TO THE TOWN MANAGER AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION REGARDING CLIFTON MATTER PIMA COUNTY SUPERIOR COURT CAUSE OF ACTION NO. C20215129   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS   TOWN MANAGER'S REPORT ON CURRENT EVENTS   ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1.Proclamation - National Public Works Week   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - April 17, 2024   B.Appointment to the Stormwater Utility Commission (SWUC)   C.Resolution No. (R)24-14, approving the Agenda Committee assignment for the period of June 1, 2024, to August 31, 2024   D.Resolution No. (R)24-15, authorizing the Town to enter into an Intergovernmental Agreement (IGA) for the Pima County Safe Streets for All: Creating a Culture of Safety for Our Community Grant   E.Approval to cancel the May 22, 2024, Town Council regular meeting   REGULAR AGENDA   2.PRESENTATION AND POSSIBLE DISCUSSION REGARDING THE TOWN'S FIVE-YEAR FINANCIAL FORECAST THROUGH FY 2028/29   3.PRESENTATION AND POSSIBLE DISCUSSION REGARDING THE 100-YEAR WATER SUPPLY REPORT   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 4/24/24 at 5:00 p.m. by dt When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the Town Council prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience, you may address the Council on any matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation.    Town Council Regular Session 1. Meeting Date:05/01/2024   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Pursuant to A.R.S. §38-431.03(A)(3) and (A)(4) for legal advice, and litigation and settlement regarding the Clifton matter, Pima County Superior Court Cause of Action No. C20215129 RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to go into Executive Session. Attachments No file(s) attached.    Town Council Regular Session 1. Meeting Date:05/01/2024   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: APPROVAL OF ANY DIRECTION TO THE TOWN MANAGER AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION REGARDING CLIFTON MATTER PIMA COUNTY SUPERIOR COURT CAUSE OF ACTION NO. C20215129 RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to... Attachments No file(s) attached.    Town Council Regular Session 1. Meeting Date:05/01/2024   Proclamation - National Public Works Week Subject Proclamation - National Public Works Week Summary Attachments Proclamation     Town Council Regular Session A. Meeting Date:05/01/2024   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - April 17, 2024 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve with the following changes) the April 17, 2024 minutes.  Attachments 4-17-24 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 17, 2024 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 6:01 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, 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 and the Oro Valley Path Forward Community Events.   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS    Councilmember Jones-Ivey recognized Isabelle Sparlin, a junior at Ironwood Ridge High School, for her academic excellence and community involvement. Councilmember Greene recognized the Oro Valley Parks and Recreation Department for coordinating the Oro Valley 50th Anniversary Parade and the 50th Anniversary Community Celebration. Councilmember Greene also recognized the Oro Valley Police Department for their participation in the Special Olympics of Arizona 2024 Torch Run. Councilmember Greene reported that he had attended the ribbon cutting for the Golder Ranch Fire 4/17/24 Minutes, Oro Valley Town Council Regular Session 1 District's Administration Building. Councilmember Jones-Ivey encouraged citizens to volunteer for Project Graduation and to participate in their workdays. Mayor Winfield recognized staff for their efforts in recognizing the 50th anniversary of the Town of Oro Valley. Mayor Winfield reported that the mural at James D. Kreigh park was almost complete, and encouraged citizens to stop by and view it. Mayor Winfield reported that he had attended the Oro Valley Chamber of Commerce 2024 Economic Outlook Event, where Oro Valley Community and Economic Development Director Paul Melcher, was a guest speaker. Mayor Winfield also reported that Congressional Representative Juan Ciscomani had recognized the 50th Anniversary of the Town of Oro Valley on the House floor.   TOWN MANAGER'S REPORT ON CURRENT EVENTS    Town Manager Jeff Wilkins reported the following: Thanked citizens for attending the town's 50th anniversary parade and celebration events, and thanked town staff for organizing the events. The 50th anniversary parade video is available on the town's website. The Roche Tissue Diagnostics Art in Oro Valley Gallery Exhibition is available through May 3, 2024. 50 Trees for 50 Years event update. 50 Businesses for 50 Years update.   ORDER OF BUSINESS    Mayor Winfield reorganized the agenda by moving the reading of the blue speaker cards for Regular Agenda items to the first order of business after the Town Clerk reads the items, and before any presentations or discussion.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Tim Tarris spoke regarding the history of the sinking of the Titanic. Golder Ranch Fire District Fire Chief Tom Brandhuber thanked town staff for attending the ribbon cutting and grand opening of their new Administration Building. Oro Valley resident Dick Augur spoke regarding the importance of implementing Bridge as part of Oro Valley's recreational programs.   PRESENTATIONS 4/17/24 Minutes, Oro Valley Town Council Regular Session 2 PRESENTATIONS   1.Presentation of graduating Youth Advisory Council (YAC) Members       Constituent Services Coordinator Jessica Hynd provided an overview of the Youth Advisory Council (YAC) and recognized the following graduating members: Liam DaDeppo Jordan Adams Kennedy Blanchard Estelle Lee Patrick Luu Valerie Maynard Jaden Wu Amiya Lotun   2.Proclamation - Education and Sharing Day       Mayor Winfield proclaimed Friday, April 19th, 2024, as Education and Sharing Day in Oro Valley. Rabbi Zimmerman accepted the proclamation.   3.Commendation from the Governor for the Town of Oro Valley's 50th Anniversary       Director of the Southern Arizona Office of Governor Hobbs, Ms. Flores-Aguirre presented the Commendation to Mayor Winfield.   4.Proclamation - Oro Valley's 50th Anniversary       Mayor Winfield proclaimed the month of April 2024 as the Town of Oro Valley's 50th Anniversary of Incorporation. Town Manager Jeff Wilkins accepted the proclamation.   CONSENT AGENDA   A.Minutes - April 3, 2024      B.Resolution No. (R)24-09, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program      C.Resolution No. (R)24-10, delegating authority to the Oro Valley Chief of Police to sign and enter a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund equipment under the Operation Stonegarden program      D.Resolution No. (R)24-11, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY 24-25      4/17/24 Minutes, Oro Valley Town Council Regular Session 3  Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve Consent agenda items (A) through (D).  Vote: 7 - 0 Carried   REGULAR AGENDA   1.PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING THE VISTOSO TRAILS NATURE PRESERVE MASTER PLAN       The following individuals spoke regarding item #1. Oro Valley resident Elizabeth Robb Oro Valley resident Marlene Skibbe Oro Valley resident Matt Wood Oro Valley resident Dick Surowisc Oro Valley resident Ken Chaney Oro Valley resident Rosa Dailey Oro Valley resident Jan Hammond Oro Valley resident Phil Zielinski Oro Valley resident Gayle Mateer Oro Valley resident Mary Walker Oro Valley resident Bruce Baier    Parks and Recreation Director Rosalyn Epting presented item #1 and included the following: What is a Master Plan? Top 3 Priorities from March 20, 2024 Study Session Next Steps - If Council Approves Master Plan Ms. Epting introduced George Radnovich, Consultant with Sites Southwest. Mr. Radnovich continued the presentation and included the following: Agenda Master Plan Highlights Master Plan Safety Improvements (cart path, signage...) Infrastructure Desert Garden Revegetation Construction Costs: Safety Improvements Construction Costs: Infrastructure Construction Costs: Desert Garden Construction Costs: Driving Range Construction Costs: revegetation and reclamation (tees, fairways, greens, sand traps) Construction Costs Phasing    Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett that we express appreciation for the work that has been done by Sites Southwest on the Vistoso Nature Trails Preserve Master Plan and release them from further work on this project. The plan provides valuable public input and information to the Town to begin addressing safety issues and restoring the property back to the Sonoran Desert. We do not adopt the plan in its entirety, but provide further direction as follows: The Town shall secure the services of a consultant with detailed landscape design and successful 4/17/24 Minutes, Oro Valley Town Council Regular Session 4 landscape restoration experience in an arid / semi-arid environment and a proven track record of identifying and securing grant funds. At the appropriate time, engineering and design work shall also be performed for the property. Funding priorities to move forward on this project in the following order: 1. Cart path repairs and rebuilding not to exceed $43,470 without Council approval. 2. Safety Signage not to exceed $2,700 without Council approval. 3. A desert garden in the former pond area including design, contingency, and permitting not to exceed $950,000 without council approval. The phase one scope of work shall include bulkhead removal, Bermuda grass treatment, grading, reseeding, and planting. Designs shall be reviewed by Council. 4. Restoration work on tees, greens, fairways, and the driving range to include design, contingency, and permitting. The scope of work for this shall be limited to Bermuda grass treatment and reseeding based on remaining funds from the Council allocated $2 million dollar budget. Prioritization of areas receiving treatment will be recommended by the consultant and approved by the Council. Deadlines for the above work shall be as follows, except as allowed by Town Council: Advertise for an RFP by May 17, 20241. Close RFP advertisement by June 14. 2. Award Contract by July 1.3. Begin design work by August 1. 4. Complete design and construction documents by November 1.5. Begin restoration work by January 15, 2025.6. Discussion ensued amongst Council, staff and Mr. Radnovich. Councilmember Solomon requested the following friendly amendment; to include an investigation of the cost of a potential pond wetland feature at that location. Mayor Winfield did not accept the friendly amendment. Discussion continued amongst Council, staff and Mr. Radnovich.    Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett that we express appreciation for the work that has been done by Sites Southwest on the Vistoso Nature Trails Preserve Master Plan and release them from further work on this project. The plan provides valuable public input and information to the Town to begin addressing safety issues and restoring the property back to the Sonoran Desert. We do not adopt the plan in its entirety, but provide further direction as follows: The Town shall secure the services of a consultant with detailed landscape design and successful landscape restoration experience in an arid / semi-arid environment and a proven track record of identifying and securing grant funds. At the appropriate time, engineering and design work shall also be performed for the property. Funding priorities to move forward on this project in the following order: 1. Cart path repairs and rebuilding not to exceed $43,470 without Council approval. 2. Safety Signage not to exceed $2,700 without Council approval. 3. A desert garden in the former pond area including design, contingency, and permitting not to exceed $950,000 without council approval. The phase one scope of work shall include bulkhead removal, Bermuda grass treatment, grading, reseeding, and planting. Designs shall be reviewed by Council. 4. Restoration work on tees, greens, fairways, and the driving range to include design, contingency, and permitting. The scope of work for this shall be limited to Bermuda grass treatment and reseeding 4/17/24 Minutes, Oro Valley Town Council Regular Session 5 based on remaining funds from the Council allocated $2 million dollar budget. Prioritization of areas receiving treatment will be recommended by the consultant and approved by the Council. Deadlines for the above work shall be as follows, except as allowed by Town Council: Advertise for an RFP by May 17, 20241. Close RFP advertisement by June 14. 2. Award Contract by July 1.3. Begin design work by August 1. 4. Complete design and construction documents by November 1.5. Begin restoration work by January 15, 2025.6.  Vote: 7 - 0 Carried    Mayor Winfield recessed the meeting at 8:24 p.m. Mayor Winfield reconvened the meeting at 8:38 p.m.   2.RESOLUTION NO. (R)24-12, PRESENTATION, DISCUSSION, AND POSSIBLE ACTION REGARDING FUNDING A REPLACEMENT SHADE STRUCTURE PROJECT AT STEAM PUMP RANCH       The following individuals spoke regarding item #2. Oro Valley resident Elizabeth Robb Oro Valley resident Nick Szumowski Oro Valley Parks and Recreation Director Rosalyn Epting presented item #2 and included the following: History of the Shade Structure Incident Causing Damages After the Damages Research Completed Design Selected Funding Request    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to approve Resolution No. (R)24-12, authorizing and approving funding for the shade structure project in the amount of $289,705 from the General Fund Contingency Account. Discussion ensued amongst Council and staff regarding item #2. Councilmember Bohen requested an amendment to the motion, to approve the larger 26' x 180' structure. Mayor Winfield accepted the amendment, seconded by Councilmember Greene. Discussion continued amongst Council and staff regarding item #2.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene FINAL MOTION AS AMENDED, to approve Resolution No. (R)24-12, authorizing and approving funding for the shade structure project in the amount of $489,705 from the General Fund Contingency Account.  Vote: 7 - 0 Carried   3.DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN OF ORO VALLEY'S ROLE IN    4/17/24 Minutes, Oro Valley Town Council Regular Session 6 3.DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN OF ORO VALLEY'S ROLE IN DESTINATION MARKETING ITEM A: DISCUSSION AND POSSIBLE ACTION REGARDING ORO VALLEY'S PARTICIPATION WITH VISIT TUCSON AND THE TOWN'S PLAN IN MARKETING THE TOWN AS A DESTINATION ITEM B: RESOLUTION NO. (R)24-13, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING THE TOWN OF ORO VALLEY AS THE OFFICIAL DESTINATION MARKETING ORGANIZATION FOR THE TOWN OF ORO VALLEY AND AUTHORIZING THE TOWN COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR TO SIGN THE REQUIRED DESTINATION MARKETING ORGANIZATION AFFIDAVIT       The following individuals spoke regarding item #3. Oro Valley resident Jon Ault President and CEO of Visit Tucson Felipe Garcia General Manager of the Hilton El Conquistador Shelby Francom Councilmember Solomon introduced item #3A and explained that Town Manager Jeff Wilkins would present item #3A. Town Manager Jeff Wilkins presented item #3A and included the following: Why is the TOV Discussing this? Return on Investment Contract Performance Metrics Contract Performance: Expanding OV Tourism New Agreement Highlights - Initial thoughts Discussion ensued amongst Council and staff regarding item #3A. Community and Economic Development Director Paul Melcher presented item #3B and included the following: Oro Valley Group Destination Marketing Organization Strategy Key Concepts and Terms Discussion ensued amongst Council and staff regarding item #3B. Mr. Melcher continued the presentation and included the following: Key Concepts and Terms TOV Proposed DMO Scope: First Year Group Bookings: Visitation HUB Strategy Town's Group Prospecting Cycle 30-Day Goals (April 1-30) 60-Day Goals (May 1 - June 30) Local Visitation Collaboration: Enhanced Value Proposition for OV Group Booking Strategies Tentative Budget    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve Resolution No. (R)24-13, a resolution of the Mayor and Council of the Town of Oro Valley, Arizona, designating the Town of Oro Valley as the Official Destination Marketing Organization for the Town of Oro Valley and authorizing the Town Community and Economic Development Director to sign the required Destination Marketing Organization Affidavit; and directing the Town Manager, Town Community and Economic Development Director, Town Clerk, Town Legal Services Director, or their Duly Authorized Officers and Agents, to take all steps necessary to carry out the purposes and intent of the Resolution. 4/17/24 Minutes, Oro Valley Town Council Regular Session 7 of the Resolution. Discussion continued amongst Council and staff regarding item #3.    Councilmember Solomon requested a friendly amendment to the main motion, that the Town of Oro Valley extend the contract for a year, with Visit Tucson. During that time period, staff can work with Visit Tucson to see if a hybrid or integrated model can work better for the community. Vice Mayor Barrett did not accept the friendly amendment.    Discussion continued amongst Council and staff regarding item #3.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve Resolution No. (R)24-13, a resolution of the Mayor and Council of the Town of Oro Valley, Arizona, designating the Town of Oro Valley as the Official Destination Marketing Organization for the Town of Oro Valley and authorizing the Town Community and Economic Development Director to sign the required Destination Marketing Organization Affidavit; and directing the Town Manager, Town Community and Economic Development Director, Town Clerk, Town Legal Services Director, or their Duly Authorized Officers and Agents, to take all steps necessary to carry out the purposes and intent of the Resolution.  Vote: 6 - 1 Carried  OPPOSED: Councilmember Steve Solomon   FUTURE AGENDA ITEMS    No future agenda items were requested.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to adjourn the meeting at 10:40 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 17th day of April 2024. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________________________ Mike Standish, CMC Town Clerk 4/17/24 Minutes, Oro Valley Town Council Regular Session 8    Town Council Regular Session B. Meeting Date:05/01/2024   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Appointment to the Stormwater Utility Commission (SWUC) RECOMMENDATION: Outlined below is information for the Stormwater Utility Commission with regard to the appointment recommendation:  Stormwater Utility Commission (SWUC) The SWUC interview panel has recommended the following appointment to fill a partial term expiring 12/31/2025:  Rob Schlicher EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: The application for the prospective new commission member is attached. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE that Rob Schlicher be appointed to the Stormwater Utility Commission (SWUC), for a partial term effective May 2, 2024, and that this partial term shall not be counted against the term limits established by the Town Council Parliamentary Rules and Procedures.  Attachments Application  Submit Date: Apr 10, 2024 First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Town of Oro Valley Boards & Commissions Profile Are you a full time Oro Valley resident (resides in Oro Valley 6 or more months a year) * Yes Number of years in Oro Valley (If less than 1 year, please state the number of months followed by Mo.) AZ Which Boards would you like to apply for? Storm Water Utility Commission: Submitted Interests & Experiences Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served : (board/commission , civic, educational, cultural, social, etc.) This would be my first volunteer position in Oro Valley. I did serve for 5 years as an ambassador for Local First Arizona which encompassed Oro Valley within my area. Question applies to multiple boards How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. I am a professional engineer that has performed design and construction on development within Oro Valley Rob Schlicher Oro Valley AZ 85737 Business: Mobile: Rob Schlicher Upload a Resume Please attach any additional documents here Briefly describe your educational/vocational background. Bachelors degree in Electrical Engineering from the University of California Berkeley. Many continued education credits in the Civil Engineering profession including stormwater. Have you attended the Community Academy or CPI? Yes No If yes, what year? Question applies to multiple boards If no, are you willing to attend and complete the Community Academy within your first full term? Yes No Please Agree with the Following Statement I agree that the information provided in my application is true and correct I Agree * Rob Schlicher    Town Council Regular Session C. Meeting Date:05/01/2024   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Resolution No. (R)24-14, approving the Agenda Committee assignment for the period of June 1, 2024, to August 31, 2024 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Per the Town Council Parliamentary Rules and Procedures & Code of Conduct, the Town Council shall approve the Agenda Committee meeting assignments. Attached is the proposed Agenda Committee meeting assignment of Vice Mayor Barrett for the period of June 1, 2024, to August 31, 2024. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to APPROVE Resolution No. (R)24-14, approving the Agenda Committee assignment for the period of June 1, 2024, to August 31, 2024. Attachments (R)24-14 Resolution Agenda Committee Assignment  RESOLUTION NO. (R)24-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ASSIGNING VICE MAYOR BARRETT TO THE AGENDA COMMITTEE FOR THE PERIOD OF JUNE 1, 2024 THROUGH AUGUST 31, 2024; 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, on September 19, 2001, the Mayor and Council adopted the Town Council Parliamentary Rules & Procedures and Code of Conduct; and WHEREAS, pursuant to section 5.2 (A) Town of Oro Valley Parliamentary Rules & Procedures and Code of Conduct, the Town Council shall set and approve the Agenda Committee meeting assignments; and WHEREAS, Town Council wishes to assign Vice Mayor Barrett to the Agenda Committee for the period of June 1, 2024 through August 31, 2024. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That Vice Mayor Barrett is hereby assigned to the Agenda Committee for the period of June 1, 2024 through August 31, 2024. SECTION 2. That 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. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 1st day of May, 2024. TOWN OF ORO VALLEY ___________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ __________________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: _______________________ Date: _____________________________    Town Council Regular Session D. Meeting Date:05/01/2024   Requested by: Paul Keesler Submitted By:Paul Keesler, Public Works Department:Public Works SUBJECT: Resolution No. (R)24-15, authorizing the Town to enter into an Intergovernmental Agreement (IGA) for the Pima County Safe Streets for All: Creating a Culture of Safety for Our Community Grant RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The Pima County Department of Transportation, together with the Health Department, and in partnership with the jurisdictions and tribes within Pima County, have been awarded a $1.52 million grant to develop a regional transportation safety action plan. The grant is part of Safe Streets for All (SS4A), a new federal roadway safety program administered by the U.S. Department of Transportation. The grant funding provides the County with a very timely opportunity to develop a comprehensive, equity-focused and community-informed Action Plan. Joint efforts and collaboration will enable the County to leverage its strengths, resources and assets and work with community networks and cross-jurisdictional partners to develop an Action Plan for all County residents. Pima County includes five incorporated jurisdictions and two tribal regions that each manage their own roadway networks, featuring urban areas, rapidly growing suburban communities, and rural areas with differing levels of access to transportation options and needs. The traveling public rarely knows they are crossing over these boundaries and traffic crashes do not adhere to jurisdictional boundaries. It is for these reasons that Pima County is partnering with local jurisdictions and tribes to establish a comprehensive and all-inclusive approach to improving traffic safety throughout Pima County. As such, the Town of Oro Valley is identified as a subrecipient of this grant. The Town will work in coordination with all other jurisdictions to help create a uniform regional transportation safety action plan. Per the grant and local match requirements, the Town must enter into an Intergovernmental Agreement (IGA) with the County to participate as a subrecipient to aid in the plan's creation. The Town does not receive grant funding, rather our involvement includes a local match contribution. The Town needs to either provide $10,000 or that amount in staff contributing effort, or some combination thereof.  BACKGROUND OR DETAILED INFORMATION: This grant directly supports two of the Town Council's Strategic Plan objectives:  Objective 3.1.4 - Continue to improve traffic safety (e.g., bicycle, multi-use path, pedestrian, vehicle, etc.) through education, engineering, and enforcement.  Objective 4.1.1 - Create a Transportation Infrastructure Plan that establishes sustainable construction, operation, level of service, and maintenance strategies. As the Town creates its own Oro Valley specific Transportation Plan, the Town hopes to incorporate the product of this grant effort as the basis of our safety efforts in order to promote regional conformity. FISCAL IMPACT: As a subrecipient, the Town's local match requirement is $10,000, to be provided either monetarily or via As a subrecipient, the Town's local match requirement is $10,000, to be provided either monetarily or via jurisdictional staff time or a combination of both. Because this is a regional approach, staff is committed to full participation in developing these standards and representing Town interests within the process. It is expected that staff time alone will more than adequately satisfy the local match, therefore not requiring funds to be transferred to the County. SUGGESTED MOTION: I MOVE to approve (or Deny) Resolution No. (R)24-15, authorizing the Town to enter into an intergovernmental agreement for the Pima County Safe Streets for All: Creating a Culture of Safety for Our Community Grant. Attachments (R)24-15 Attachment A - Resolution  Exhibit A - IGA  RESOLUTION NO. (R)24-15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR PARTICIPATION IN THE PIMA COUNTY SAFE STREETS FOR ALL PROJECT; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into intergovernmental agreements for joint and cooperative action; and WHEREAS, the Town desires to enter into an Intergovernmental Agreement (IGA) with Pima County for participation in the Pima County Safe Streets for All project; and WHEREAS, as part of this IGA, the Town will be required to provide up to $10,000 in cash and in-kind support to meet overall match requirements of the project; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the IGA with Pima County, attached hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms and conditions of the Town’s participation in the Pima County Safe Streets for All project. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Intergovernmental Agreement (IGA), attached hereto as Exhibit “A” and incorporated herein by this reference, between the Town of Oro Valley and Pima County for participation in the Pima County Safe Streets for All project, is hereby authorized and approved. SECTION 2. 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 IGA. 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. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the IGA, attached hereto as Exhibit “A”, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 5. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 1st day of May, 2024. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” {} SubR Version: 7.31.23 CT-TR-24-379 Page 1 of 18 Pima County Department of Transportation Project: Pima County Safe Streets For All: Creating a Culture of Safety for Our Community Subrecipient name and address: Town of Oro Valley / 11000 N La Canada Dr, Oro Valley, AZ 85737 Amount: $0 subaward; Town of Oro Valley commits $10,000 in cash and in-kind match for this grant Contract No.: CT-TR-24-379 Subrecipient Unique Entity Identifier (UEI): M1KGM1EJMNJ4 SAM expiration date (if applicable): 12/10/2024 Federal Award Identification Number (FAIN) 693JJ32340259 Federal award date June 26, 2023 Subaward term/ period of performance start and end date June 26, 2023- Sept. 30, 2025 Subaward budget period start and end date June 26, 2023- Sept. 30, 2025 Amount of federal funds obligated by this action by the pass-through entity to the subrecipient (amount of this agreement) $0 subaward; $10,000 cash and inkind match Total amount of the federal award committed by the subrecipient to the pass-through entity (original amount of this agreement, plus any match, plus any future budget periods, if applicable) $0 subaward; $10,000 cash and inkind match Federal award project description (descriptive project title) Pima County Safe Streets For All: Creating a Culture of Safety for Our Community: develop regional action plan to improve roadway safety for all roadway users. Funding agency U.S. Department of Transportation Pass-through entity (primary recipient) Pima County Pass-through entity (secondary recipient, if applicable) None Assistance listing number and title (applies to 100% of this sub-award, including all disbursements) 20.939, Safe Streets and Roads for All Is this subaward for research and development? Yes �� No ��� Subrecipient indirect cost rate and methodology ��Negotiated Indirect Cost Rate Agreement ��De minimis rate ���No Indirect Required match ���YES ��NO Match amount $10,000 cash and in-kind match FEDERAL FINANCIAL ASSISTANCE SUBRECIPIENT AGREEMENT 1.PARTIES, BACKGROUND AND PURPOSE. 1.1. Parties. This Subrecipient Agreement (“Agreement”) is between Pima County, a body politic and corporate of the State of Arizona (“County”), and Town of Oro Valley {} SubR Version: 7.31.23 CT-TR-24-379 Page 2 of 18 (“Subrecipient”), a municipal corporation in the State of Arizona. 1.2. Authority. County is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17), to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the County. County applied for and received Safe Streets for All grant funds from the U.S. Department of Transportation (“USDOT”), and County’s application is incorporated here by reference. County and Subrecipient may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951 et seq. 1.3. Background and Purpose. County complied with 2 C.F.R. § 200.331 et seq. in determining Subrecipient’s status and has complied with federal risk assessment requirements in determining Subrecipient’s status and monitoring requirements. Subrecipient will not be receiving Federal program funds under this agreement but will be contributing cash and in-kind match support to further the objectives of the grant. 2. TERM. 2.1. Initial Term. The term of this Agreement commences as of the signature date of the last party to execute this Agreement and will terminate on September 30, 2025 (“Initial Term”). “Term,” when used in this Agreement, means the Initial Term plus any exercised extension options under Section 2.2. If the commencement date of the Initial Term is before the signature date of the last party to execute this Agreement, the parties will, for all purposes, deem the Agreement to have been in effect as of the commencement date. 2.2. Extension Options. If allowable under the Federal award period of performance, County may renew this Agreement for one additional one-year period(s). An Extension Option will be effective only upon execution by the Parties of a formal written amendment. 3. USE OF FUNDS. Subrecipient understands and agrees that the funds from this grant will not be directly disbursed to it under this Agreement, but that all expenditures, including match support, may only be used in compliance with the U.S. Department of Transportation’s guidance and the Uniform Guidance at 2 C.F.R. Part 200. Subrecipient is responsible for being informed of all updates to applicable regulations and Federal funding agency’s compliance and reporting guidance. 4. SCOPE OF SERVICES. Subrecipient will participate in the implementation of the services described in the attached Exhibit A - Scope of Services (1page), at the dates and times described in Exhibit A or, if Exhibit A contains no dates or time frames, then upon demand. It is the intent of the Parties that Subrecipient will endeavor to meet its match obligations through in-kind contributions but that if the Parties determine that these contributions will not meet the requirements, Subrecipient will provide cash in the amount necessary to meet its requirements. Subrecipient will perform its duties in a humane and respectful manner and in accordance with any applicable professional standards and will obtain and maintain all required licenses, permits and authority required for performance under this Agreement. 5. KEY PERSONNEL. Subrecipient will employ suitably trained and skilled professional personnel to perform all activities under this Agreement. Unless otherwise provided for herein, the personnel delivering services pursuant to this Agreement will: (1) be employees or {} SubR Version: 7.31.23 CT-TR-24-379 Page 4 of 18 8.4.1. A Financial Status Report and Request for Funds summarizing monthly expenditures by expense categories as shown in the approved budget in Exhibit B of this Agreement. County will provide Subrecipient with a form similar to that attached hereto as Exhibit C – Pima County Invoice Request (1 page) upon execution of this Agreement. The Financial Status Report and Request for Funds must be signed by the person who prepared the report and by an authorized representative of Subrecipient. An example of the documentation to be submitted to certify personnel time to be counted as in- kind match is included as part of Exhibit C. 8.4.2. Copies of paid invoices and receipts or cancelled checks (front and back) to support all purchases of goods or services. 8.4.3. Timesheets or other records, signed by the employee and the employee’s immediate supervisor with direct knowledge of the employee’s efforts under this Agreement, that account for one hundred percent (100%) of the employee’s time worked in the pay period and specify hours worked on the program; total hours worked per pay period; days worked; and hours worked each day. 8.4.4. Accounting system report(s) specifying rate of pay and cost of employer-paid benefits. 8.4.5. Detailed travel reports to support all travel expenses if reimbursement is authorized for travel. 8.4.6. Any other documentation requested by County. 8.5. Credit to Subrecipient. If each statement includes adequate and accurate documentation, County will credit Subrecipient with the documented match amounts within 30 days and County will maintain a cumulative record of Subrecipient’s match contributions. County may, at its sole discretion: 8.5.1. Determine the acceptability and progress of work performed and determine the resulting entitlement to payment of each request for reimbursement. 8.5.2. Liquidate funds available under this Agreement for costs incurred by County on behalf of Subrecipient. 8.5.3. Deny full payment for match creditthat are submitted to County after the period set forth in Paragraph 8.4. County may deduct its processing costs or delay- related damages in connection with a match credit submitted after that date. 8.6. Match Requirement. If Subrecipient is required to provide matching funds under the terms of the awarding agency, Subrecipient must also provide the documentation described in paragraphs 8.3 through 8.5 for the matching funds. 8.7. Participation Conditions. To participate in the Safe Streets For All action planning project, Subrecipient must meet all of the following conditions: 8.7.1. Subrecipient has completed and submitted a W-9 Taxpayer Identification Number form to County; {} SubR Version: 7.31.23 CT-TR-24-379 Page 5 of 18 8.7.2. Subrecipient has a valid Unique Entity Identifier (UEI); 8.7.3. Subrecipient has registered as a Pima County Vendor at the Pima County Procurement Vendor Portal. See https://www.pima.gov/208/Vendor-Self- Service-System-VSS. 8.7.4. Subrecipient has provided adequate and accurate documentation with each statement submitted; and 8.7.5. This Agreement is fully executed. 8.8. Changes to Agreement. Changes requiring an amendment to this Agreement include any changes to the Scope of Work, or any changes to the maximum allocated amount. Any change that requires an amendment to the Agreement will not be effective, nor will compensation under the change be provided, until the Agreement amendment is fully executed by both parties. 8.8.1. The Director of Pima County Grants Management & Innovation Department (“GMI”) (or the Director’s designee) has the sole discretion to approve requests to reallocate funding between budget line items within the approved budget. Subrecipient must submit a written request to the individual listed in Section 23, “Notice,” at County for the above changes. The request must be received on or before June 30, 2025. The written request must contain a detailed explanation of the reason the change is necessary for achieving the specified purpose, program(s), metrics, or outcomes set forth in this Agreement. 8.8.2. Change requests must be submitted and approved prior to incurring costs associated with the proposed changes. If the Director of GMI does not approve the request, charges made in anticipation of approval will not be allowable nor compensated. If the Director of GMI (or designee) approves the request for the budget line-item change, the change will be considered effective on the date set forth in the written approval. Costs incurred prior to the effective date, reflective of the proposed changes, will not be allowable or reimbursable. 8.8.3. Any items in budget “Exhibit B” requiring prior funding agency approval must be designated and labeled as such and will only be allowable once written approval from the federal funding agency is received. The GMI Director or designee has the sole discretion to approve these costs once approval from the funding agency is received. If the funding agency does not approve expenditures, a budget modification reallocating these costs to another allowable expenditure category must be submitted and approved by the GMI Director or designee. The Director or designee has the sole discretion to approve reallocation of these costs to another, allowable, expenditure category. 8.8.4. Expenditures incurred in excess of the budgeted line item or the maximum allocated amount without prior authorization will be at Subrecipient’s own risk. 8.9. Invoice Adjustments. County may, at any time, question any listed item on any {} SubR Version: 7.31.23 CT-TR-24-379 Page 6 of 18 statement submitted under this Agreement. If County raises a question about the propriety of a past statement item, Subrecipient will cooperate with County in reviewing the item. 8.10. Program Income. County does not anticipate that program income, as defined by 2 C.F.R. § 200.80, will be generated under the activities of this Agreement. In the event that activities under this Agreement do generate program income, Subrecipient will report program income in its Financial Status Report and Request for Funds for the period in which the income was received and return program income to County within 30 days of the end of the month in which the income was received. 8.11. Closeout Requirements. The final invoice match credit must include a report summarizing Subrecipient’s performance during the term of the Agreement. 9. AUDIT REQUIREMENTS. 9.1. Subrecipient will: 9.1.1. Comply with the applicable provisions of the Audit Requirements for Federal Awards in 2 C.F.R. Part 200, Subpart F and 2 C.F.R. Part 2400. 9.1.2. Establish and maintain a separate, identifiable accounting of all funds expended by Subrecipient in the performance of this Agreement. The accounting must record all expenditures that are used to support invoices and requests for payment from County. 9.1.3. Maintain an accounting manual that describes its financial procedures in sufficient detail to ensure that its financial practices are easily understood. 9.1.4. Establish and maintain accounting records that identify the source and application of any funds not provided under this Agreement used to support these Agreement activities. 9.1.5. Ensure that all accounting records meet the requirements of the Federal, State, County, and generally accepted accounting principles laws and regulations. 9.1.6. Upon written notice from County, provide a program-specific or financial audit. Such notice from County will specify the period to be covered by the audit, the type of audit and the deadline for completion and submission of the audit. 9.1.7. Ensure that any audit conducted pursuant to this Agreement is performed by a qualified, independent accounting firm and submitted to County within six (6) months of completion of the audit required pursuant to this Section, unless a different time is specified by County. The audit submitted must include Subrecipient responses, if any, concerning any audit findings. 9.1.8. Pay all costs for any audit required or requested pursuant to this Section. 9.2. Subrecipient status: {} SubR Version: 7.31.23 CT-TR-24-379 Page 7 of 18 9.2.1. If Subrecipient is a "nonprofit corporation" that meets the definition of “corporation” in A.R.S. § 10-3140, Subrecipient will comply with the applicable audit requirements set forth in A.R.S. § 11-624, “Audit of Non-Profit Corporations Receiving County Monies.” 9.2.2. If Subrecipient meets or exceeds the single audit threshold in 2 C.F.R. Part 200, Subrecipient will comply with federal single audit requirements and provide County with a copy of the required audit document within twelve months following the end of Subrecipient’s fiscal year. 9.3. Subrecipient must timely submit the required or requested audit(s) to: Pima County Grants Management & Innovation 130 West Congress St, Mailstop: DT-ADE-127 Tucson, Arizona 85701 10. MONITORING AND EVALUATION. 10.1. County will monitor Subrecipient’s activities and information sources in the management, fiscal, and services systems of Subrecipient and any subcontracted parties relating to performance of duties and obligations under this Agreement to ensure that Subrecipient is: 10.1.1. Using the funding as allowed by the US Department of Transportation. 10.1.2. Making adequate and acceptable progress in the provision of services; 10.1.3. Maintaining adequate and acceptable systems to document services and expenditures; and 10.1.4. Using the funds provided pursuant to this Agreement effectively and efficiently to accomplish the purposes for which funds were made available. 10.2. Subrecipient must cooperate with the County’s monitoring and evaluation process and any monitoring or oversight by the US Department of Transportation. To the greatest extent permissible by law, and in addition to the provisions above in Audit Requirement and below in Books, Records, and Data, County, and any authorized federal, state, or local agency, will at all reasonable times have the right of access to Subrecipient’s facilities. Within 60 days of award, Subrecipient must provide the core documents set forth in Exhibit D – Subrecipient Core Documents (1 page), as applicable, to Pima County GMI. Subrecipient must assist County in providing reports and documentation related to Subrecipient’s performance and, where applicable, the impact of the activities funded under this Agreement on the community. 10.3. If County finds that Subrecipient’s performance is inconsistent with the terms of this Agreement, with Uniform Guidance at 2 C.F.R. Part 200, or with US Department of Transportation grant guidance, Subrecipient will be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the default within fifteen (15) calendar days from date of notice, this Agreement may be suspended, modified to reduce the NTE amount, or terminated. {} SubR Version: 7.31.23 CT-TR-24-379 Page 8 of 18 11. REMEDIES. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each is cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. 12. BOOKS, RECORDS, AND DATA. 12.1. Subrecipient will keep and maintain proper and complete books, records, and accounts, which will be open at all reasonable times for inspection and audit by duly authorized representatives of County. In addition, Subrecipient will retain all records relating to this Agreement for at least five (5) years after its expiration or termination or, if later, until any related pending proceeding or litigation has concluded. 12.2. To the greatest extent permissible by law, County, and any authorized federal, state, or local agency, including, but not limited to, the Arizona Auditor General’s Office and the US Department of Transportation, will at all reasonable times have the right of access to Subrecipient’s facility, books, documents, papers, or other records which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts for the purpose of evaluating Subrecipient’s compliance with this Agreement. 12.3. All data and data work product containing personally identifiable information collected by Subrecipient under this Agreement is confidential. Any personally identifiable information must be collected and used only for the purpose of providing the services and reports described in Exhibit A. Subrecipient will hold all Data and Data Work Product in a secure manner and will protect it from disclosure, except as specifically provided in this Agreement. Subrecipient destroy all data and data work product related to this Agreement after the retention period specified in 12.1, unless instructed otherwise by County. 13. INSURANCE. Subrecipient will procure and maintain at its own expense insurance policies (the “Required Insurance”) satisfying the below requirements (the “Insurance Requirements”) until all its obligations under this Agreement have been met. The below Insurance Requirements are minimum requirements for this Agreement and in no way limit Subrecipient’s indemnity obligations under this Agreement. The County in no way warrants that the required insurance is sufficient to protect the Subrecipient for liabilities that may arise from or relate to this Agreement. If necessary, Subrecipient may obtain commercial umbrella or excess insurance to satisfy the Insurance Requirements. 13.1. Insurance Coverages and Limits: Subrecipient will procure and maintain, until all its obligations have been discharged, coverage with limits of liability not less than those stated below. Coverage must be placed with insurers acceptable to the County with A.M. Best rating of not less than A-VII, unless otherwise approved by the County. 13.1.1. Commercial General Liability (CGL) – Occurrence Form with limits not less than $2,000,000 Each Occurrence and $2,000,000 General Aggregate. Policy shall include coverage for liability arising from premises, operations, independent contractors, personal injury, bodily injury, broad form contractual liability and products-completed operations. Any standard coverages excluded from the CGL policy, such as products/completed operations, etc. shall be covered by endorsement or separate policy and documented on the {} SubR Version: 7.31.23 CT-TR-24-379 Page 9 of 18 Certificates of Insurance. 13.1.2. Business Automobile Liability – Coverage for bodily injury and property damage on any owned, leased, hired, and/or non-owned autos assigned to or used in the performance of this Agreement with minimum limits not less than $1,000,000 Each Accident. 13.1.3. Workers’ Compensation and Employers' Liability – Statutory coverage for Workers’ Compensation. Workers’ Compensation statutory coverage is compulsory for employers of one or more employees. Employers Liability coverage with limits of $1,000,000 each accident and $1,000,000 each employee – disease. 13.1.4. Professional Liability (E & O) Insurance – This insurance is required for work from professionals whose coverage is excluded from the above CGL policy. The policy limits shall be not less than $2,000,000 Each Claim and $2,000,000 Annual Aggregate. The insurance shall cover professional misconduct or negligent acts of anyone performing any services under this Agreement. 13.2. Additional Coverage Requirements: 13.2.1. Claims Made Coverage: If any part of the Required Insurance is written on a claims-made basis, any policy retroactive date must precede the effective date of this Agreement, and Subrecipient must maintain such coverage for a period of not less than three (3) years following Agreement expiration, termination, or cancellation. 13.2.2. Additional Insured Endorsement: The General Liability and Business Automobile Liability Policies shall each be endorsed to include Pima County, its departments, districts, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Subrecipient. 13.2.3. Subrogation Endorsement: The General Liability, Business Automobile Liability, and Workers’ Compensation Policies shall each contain a waiver of subrogation endorsement in favor of Pima County, and its departments, districts, officials, agents, and employees for losses arising from work performed by or on behalf of the Subrecipient. 13.2.4. Primary Insurance Endorsement: The Required Insurance policies must stipulate that they are primary and that any insurance carried by County, or its agents, officials, or employees, is excess and not contributory insurance. 13.2.5. The Required Insurance policies may not obligate County to pay any portion of Subrecipient’s deductible or Self Insurance Retention (SIR). 13.2.6. Subcontractors: Subrecipient must either (a) include all subcontractors as additional insureds under its Required Insurance policies, or (b) require each subcontractor to separately meet all Insurance Requirements and verify that each subcontractor has done so. Subrecipient must furnish, if requested by County, appropriate insurance certificates for each subcontractor. Subrecipient {} SubR Version: 7.31.23 CT-TR-24-379 Page 10 of 18 must obtain County’s approval of any subcontractor request to modify the Insurance Requirements as to that subcontractor. 13.3. Notice of Cancellation: Subrecipient must notify County, within two business days of Subrecipient’s receipt of notice from an insurer, if any required insurance policy is suspended, voided, or cancelled for any reason. Notice must include the Pima County project or Agreement number and project description. 13.4. Verification of Coverage: 13.4.1. Subrecipient must furnish County with a certificate of insurance (valid ACORD form or equivalent approved by Pima County) for each Required Insurance policy, which must specify that the policy has all the required endorsements, and must include the Pima County project or Agreement number and project description. Each certificate must be signed by an authorized representative of the insurer. 13.4.2. County may at any time require Subrecipient to provide a complete copy of any Required Insurance policy or endorsement. Note: Subrecipients for larger projects must provide actual copies of the additional insured and subrogation endorsements. 13.4.3. Subrecipient must provide the certificates to County before work commences. Each Required Insurance policy must be in effect at least 10 days before work under this Agreement commences. Subrecipient must provide County a renewal certificate not less than 15 days prior to a Required Insurance policy’s expiration date. Failure to maintain the Required Insurance policies, or to provide evidence of renewal, is a material breach of this Agreement. 13.4.4. All insurance certificates must be sent directly to the appropriate County Department. 13.5. Approval and Modifications: The Pima County Risk Manager may modify the Insurance Requirements at any point during the Term of this Agreement. This can be done administratively, with written notice from the Risk Manager and does not require a formal Agreement amendment. Neither the County’s failure to obtain a required insurance certificate or endorsement, the County’s failure to object to a non-complying insurance certificate or endorsement, nor the County’s receipt of any other information from the Subrecipient, its insurance broker(s) and/or insurer(s), constitutes a waiver of any of the Insurance Requirements. 14.INDEMNIFICATION. To the fullest extent permitted by law, Subrecipient will defend, indemnify, and hold harmless Pima County and any related taxing district, and the officials and employees of each of them (collectively, "Indemnitee") from and against any and all claims, actions, liabilities, losses, and expenses (including reasonable attorney fees) (collectively, "Claims") arising out of actual or alleged injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by any act or omission of Subrecipient or any of Subrecipient's directors, officers, agents, employees, volunteers, or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of Subrecipient to conform to any federal, state or local law, statute, ordinance, rule, {} SubR Version: 7.31.23 CT-TR-24-379 Page 11 of 18 regulation or court decree. The Indemnitee will, in all instances, except for Claims arising solely from the acts or omissions of the Indemnitee, be indemnified by Subrecipient from and against any and all Claims. Subrecipient is responsible for primary loss investigation, defense, and judgment costs for any Claim to which this indemnity applies. This indemnity will survive the expiration or termination of this Agreement. 15.LAWS AND REGULATIONS. 15.1. Compliance with Laws. The parties will comply with all applicable federal, state, and local laws, rules, regulations, standards and Executive Orders. 15.2. Choice of Law; Venue. The laws and regulations of the State of Arizona govern the rights and obligations of the parties under this Agreement. Any action relating to this Agreement must be filed and maintained in the appropriate court of the State of Arizona in Pima County. 15.3. Compliance with Special Grant Terms and Conditions. The Subrecipient will comply with the Special Federal Award Grant Terms and Conditions set forth in Exhibit E – Special Federal Award Grant Terms and Conditions (1 pages) of this Agreement. 15.4. Compliance with Federal Grant Regulations. The Subrecipient acknowledges that federal financial assistance will be used to fund this Agreement. The Subrecipient will comply with all applicable federal law, regulations, executive orders, federal funding agency policies, guidance, procedures, and directives. 15.5. Federal Funding Accountability and Transparency Act (FFATA). Subrecipient acknowledges that County is obligated to report on this agreement in the FFATA Subaward Reporting System (FSRS), if the NTE amount is $30,000 or above and if the County is the direct recipient of the federal funding agency. If Subrecipient received 80 percent of more of gross annual revenues from Federal grants and contracts in the Subrecipient's preceding fiscal year, and $25,000,000 or more in annual gross revenues from Federal grants and contracts; Subrecipient will report to County the names and total compensation of each of the Subrecipient's five most highly compensated executives for the preceding completed fiscal year. 15.6. No Obligation by Federal Government. The federal government is not a party to this Agreement and is not subject to any obligations or liabilities to the non-federal entity, Subrecipient, or any other party pertaining to any other matter resulting from the Agreement. 15.7. Byrd Anti-Lobbying Amendment. Subrecipient certifies that it has not and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. 15.8. Debarment and Suspension. (Executive Orders 12549 and 12689)—Subrecipient certifies that they are not listed on the government wide exclusions in the System for Award Management (SAM). {} SubR Version: 7.31.23 CT-TR-24-379 Page 12 of 18 15.8.1. This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such the Subrecipient is required to verify that none of its contractors, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 15.8.2. The Subrecipient is required to provide their UEI number to Pima County. 15.8.3. The Subrecipient is required to notify Pima County within three business days if any Federal agency excludes Subrecipient, its contractor, principal or affiliates under Executive Order 12549 or Executive Order 12689. 15.8.4. The Subrecipient must comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 15.8.5. This certification is a material representation of fact relied upon by County. If it is later determined that the Subrecipient did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, in addition to remedies available to Pima County, the Federal Government may pursue available remedies, including but not limited to suspension and/ or debarment. 15.9. Mandatory Disclosures for Federal Awardee Performance and Integrity Information System (FAPIIS). Subrecipient must disclose in a timely manner, in writing to the Office of Inspector General (OIG), all information related to violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Subrecipients must disclose, in a timely manner, in writing to the prime recipient (pass through entity), the US Department of Transportation, and OIG, all information related to violations, or suspected violations, of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Disclosures must be sent in writing to the awarding agency and to the US Department of Transportation OIG at the following addresses: 1200 New Jersey Ave., SE, Washington, DC 20590. 15.10. Whistleblower Protection. An employee of Subrecipient or personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. 15.11. Program Fraud and False or Fraudulent Statements or Related Acts. The Subrecipient acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Subrecipient’s actions pertaining to this contract. Making false statements or claims in connection with this subaward is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. {} SubR Version: 7.31.23 CT-TR-24-379 Page 13 of 18 15.12. Non-Discrimination. 15.12.1. Subrecipient will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this Agreement, including flow-down of all provisions and requirements to any subcontractors. During the performance of this Agreement, Subrecipient will not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. 15.12.2. As a condition of receipt of Federal financial assistance, Subrecipient acknowledges and agrees that it must comply (and require any subrecipients, contractors, successors, transferees, and assignees to comply) with applicable provisions of national laws and policies prohibiting discrimination, including but not limited to: 15.12.2.1. Title II of the Americans with Disabilities Act (Public Law 110-325, 42 U.S.C. §§ 12101-12213) and the federal regulations for Title II (28 C.F.R. Part 35). 15.12.2.2. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin (42 U.S.C. §2000(d) et seq.). 15.12.2.3. Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination on the basis of race, color, sex, or national origin (42 U.S.C. § 2000(e) et seq.). 15.12.2.4. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Subrecipient must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Subrecipient is encouraged to consider the need for language services for LEP persons served or encountered both in developing your budgets and in conducting your programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 15.13. § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. Subrecipient is prohibited from obligating or expending loan or grant funds to: 15.13.1. Procure or obtain; 15.13.2. Extend or renew a contract to procure or obtain; or 15.13.3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, {} SubR Version: 7.31.23 CT-TR-24-379 Page 14 of 18 or as critical technology as part of any system. As described in Public Law 115-232, Section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 15.13.4. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 15.13.5. Telecommunications or video surveillance services provided by such entities or using such equipment. 15.13.6. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 16.INDEPENDENT CONTRACTOR. Subrecipient is an independent contractor. Subrecipient and its Subrecipient’s officers, agents, or employees must not be considered an employee of Pima County for any purpose or be entitled to receive any employment-related benefits, or assert any protections, under the Pima County Administrative Procedures or Merit System. Subrecipient is responsible for paying all federal, state and local taxes on the compensation received by Subrecipient under this Agreement and will indemnify and hold County harmless from any and all liability that County may incur because of Subrecipient’s failure to pay such taxes. 17.SUBCONTRACTORS. Subrecipient is fully responsible for all acts and omissions of any subcontractor, and of persons directly or indirectly employed by any subcontractor, and of persons for whose acts any of them may be liable, to the same extent that the Subrecipient is responsible for the acts and omissions of its own employees. Nothing in this Agreement creates any obligation on the part of County to pay or see to the payment of any money due any subcontractor, except as may be required by law. 18.ASSIGNMENT. Subrecipient may not assign its rights or obligations under this Agreement, in whole or in part, without the County’s prior written approval. County may withhold approval at its sole discretion. 19.AUTHORITY TO CONTRACT. Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative agency determines that County does not have authority to enter into this Agreement, County will not be liable to Subrecipient or any third party by reason of such determination or by reason of this Agreement. 20.FULL AND COMPLETE PERFORMANCE. The failure of either party to insist, in one or more instances, upon the other party’s complete and satisfactory performance under this Agreement, or to take any action based on the other party’s failure to completely and satisfactorily perform, is not a waiver of that party’s right to insist upon complete and {} SubR Version: 7.31.23 CT-TR-24-379 Page 15 of 18 satisfactory performance, or compliance with any other covenant or condition in this Agreement, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time is not an accord and satisfaction. 21.CANCELLATION FOR CONFLICT OF INTEREST. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated into this Agreement by reference. 22.TERMINATION 22.1. Without Cause. Either Party may terminate this Agreement at any time without cause by notifying the other Party, in writing, at least 30 days before the effective date of the termination. In the event of such termination Subrecipient shall have no further obligation to provide cash or in-kind match support as of the date of termination. 22.2. With Cause. Either Party may terminate this Agreement at any time without advance notice and without further obligation to the other Party when either Party finds the other Party to be in default of any provision of this Agreement. 22.3. Non-Appropriation. Notwithstanding any other provision in this Agreement, either Party may terminate this Agreement if for any reason there are not sufficient appropriated and/or available monies for the purpose of maintaining County, Subrecipient, or other public entity obligations under this Agreement. In the event of such termination, Subrecipient shall have no further obligation to provide cash or in-kind match support to the County. 22.4. Suspension: County reserves the right to suspend Subrecipient’s performance and payments under this Agreement immediately upon notice delivered to Subrecipient’s designated agent in order to investigate Subrecipient’s activities and compliance with this Agreement. In the event of an investigation by County, Subrecipient will cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within 45 days, whichever is sooner, Subrecipient will be notified in writing that the Agreement will be immediately terminated or that performance may be resumed. 23.NOTICE. Any notice required or permitted to be given under this Agreement must be in writing and be served by personal delivery or by certified mail upon the other party as follows: County: Subrecipient: Kathryn Skinner, Director Paul Keesler, P.E., Pima County Department of Director/Town Engineer Transportation Town of Oro Valley, Public Works Tucson, AZ 85701 11000 N. La Cañada Drive Oro Valley, AZ 85737 24.NON-EXCLUSIVE AGREEMENT. Subrecipient understands that this Agreement is nonexclusive and is for the sole convenience of County. County reserves the right to obtain like services from other sources for any reason. 25.SEVERABILITY. Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law will be ineffective to the extent of such prohibition {} SubR Version: 7.31.23 CT-TR-24-379 Page 16 of 18 without invalidating the remainder of this Agreement. 26.PUBLIC RECORDS. 26.1. Disclosure. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. § 34-603(H) in the case of construction or Architectural and Engineering services procured under A.R.S. Title 34, Chapter 6, all documents submitted in response to the solicitation resulting in award of this Agreement, including, but not limited to, pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors. 26.2. Records Marked Confidential; Notice and Protective Order. If Subrecipient reasonably believes that some of those records contain proprietary, trade-secret or otherwise- confidential information, Subrecipient must prominently mark those records “CONFIDENTIAL.” In the event a public-records request is submitted to County for records marked CONFIDENTIAL, County will notify Subrecipient of the request as soon as reasonably possible. County will release the records 10 business days after the date of that notice, unless Subrecipient has, within that period, secured an appropriate order from a court of competent jurisdiction, enjoining the release of the records. County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order. 27.LEGAL ARIZONA WORKERS ACT COMPLIANCE. 27.1. Compliance with Immigration Laws. Subrecipient hereby warrants that it will at all times during the term of this Agreement comply with all federal immigration laws applicable to its employment of its employees, and with the requirements of A.R.S. § 23-214 (A) (together the “State and Federal Immigration Laws”). Subrecipient will further ensure that each subcontractor who performs any work for Subrecipient under this Agreement likewise complies with the State and Federal Immigration Laws. 27.2. Books & Records. County has the right at any time to inspect the books and records of Subrecipient and any subcontractor in order to verify such party’s compliance with the State and Federal Immigration Laws. 27.3. Remedies for Breach of Warranty. Any breach of Subrecipient’s or any subcontractor’s warranty of compliance with the State and Federal Immigration Laws, or of any other provision of this section, is a material breach of this Agreement subjecting Subrecipient to penalties up to and including suspension or termination of this Agreement. If the breach is by a subcontractor, and the subcontract is suspended or terminated as a result, Subrecipient will be required to take such steps as may be necessary to either self-perform the services that would have been provided under the subcontract or retain a replacement subcontractor, as soon as possible so as not to delay project completion. Any additional costs attributable directly or indirectly to such remedial action are the responsibility of Subrecipient. 27.4. Subcontractors. Subrecipient will advise each subcontractor of County’s rights, and the subcontractor’s obligations, under this Section 28 by including a provision in each subcontract substantially in the following form: {} SubR Version: 7.31.23 CT-TR-24-379 Page 17 of 18 “Subcontractor hereby warrants that it will at all times during the term of this contract comply with all federal immigration laws applicable to Subcontractor’s employees, and with the requirements of A.R.S. § 23- 214 (A). Subcontractor further agrees that County may inspect the Subcontractor’s books and records to insure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor is a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this contract.” 28.ISRAEL BOYCOTT CERTIFICATION. Pursuant to A.R.S. § 35-393.01, if Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000.00 or more, Subrecipient certifies it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 29.FORCED LABOR OF ETHNIC UYGHURS. Pursuant to A.R.S. § 35-394, if Subrecipient engages in for-profit activity and has 10 or more employees, Subrecipient certifies it is not currently using, and agrees for the duration of this Agreement to not use (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. If Subrecipient becomes aware during the term of the Agreement that the Company is not in compliance with A.R.S. § 35-394, Subrecipient must notify the County within five business days and provide a written certification to County regarding compliance within one hundred eighty days. 30.AMENDMENT. The parties may modify, amend, alter or extend this Agreement only by a written amendment signed by the parties. 31.CITED LAWS AND REGULATIONS. Laws and regulations cited in this agreement may be modified after execution of the Agreement. Such modifications shall be assumed to be incorporated into the Agreement and may be used to update its provisions without requiring a formal amendment. 32.ENTIRE AGREEMENT. This document constitutes the entire agreement between the parties pertaining to the subject matter it addresses, and this Agreement supersedes all prior or contemporaneous agreements and understandings, oral or written. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK {} SubR Version: 7.31.23 CT-TR-24-379 Page 18 of 18 This agreement may be executed in counterparts, each of which, when taken together, will constitute one original agreement. PIMA COUNTY SUBRECIPIENT _______ Director, Grants Management and Innovation Authorized Officer Signature Date Printed Name and Title Date APPROVED AS TO FORM APPROVED AS TO CONTENT Deputy County Attorney Department Head Print DCA Name Date Date {} SubR Version: 7.31.23 CT-TR-24-379 Page 1 of 1 Exhibit A (1 Page) Scope of Services PROJECT PURPOSE The purpose of this Agreement is to work collaboratively with County and other regional partners to develop an Action Plan that includes the seven elements required by the US Department of Transportation Safe Streets For All approved Action Plans, which can be implemented in subsequent implementation grants. PROJECT ACTIVITIES Collaborate with County and other regional partners in the planning, outreach, and analysis required for the Safe Streets for All project. Provide up to $10,000 in cash and in-kind support to meet overall match requirements. ITEMS INCORPORATED BY REFERENCE Any required exhibits other than Terms and Conditions listed in Exhibit E. PERFORMANCE MEASURES, DELIVERABLES, AND TIMELINES Development of a planned draft action plan by October 1, 2024 Completion of a Planned Action Plan by April 1, 2025 Adoption of the Planned Action Plan by July 1, 2025 REPORTS AND DEADLINES Monthly progress call Submission of information and data to Pima County by August 31, 2025 to allow County to meet its final report due September 30, 2025. ADDITIONAL TERMS Lifting of any spending cap requires written approval by both the Pima County Department Director and the GMI Director. GMI’s approval will be contingent upon due diligence including but not limited to ensuring funder allowability. {} SubR Version: 7.31.23 CT-TR-24-379 Page 1 of 1 Exhibit B (1 Page) Compensation and List of Unallowable Costs 1. BUDGET PERIOD (Agreement execution date-September 30, 2025) 2. COMPENSATION 2.1. County will not reimburse Subrecipient’s expenses. As set forth in Section 8 of the Agreement, Subrecipient has agreed to provide match funds in the form of cash and in-kind services, valued at $10,000. Subrecipient shall submit monthly invoices to document its match requirements. Invoices submitted with monthly reports must contain adequate supporting documentation to verify the amount, nature of, and accrual of the match commitments. Invoices shall be submitted to the County no later than the 15th of the month following the end of the month being documented. County reserves the right to audit Subrecipient’s financial records as relates to the performance of duties under this Agreement. 2.2. Total amount for this Budget Period is $0. Subrecipient will not be incurring direct costs and will not be subawarded grant funds for direct costs. Indirect costs are not relevant. Match Line Items Non Federal Amount and Source Total Personnel & Fringe $7,124 $7,124 Supplies $1,438 $1,438 Other $1,438 $1,438 Total Match Costs $10,000 TOTAL BUDGET $10,000 3. VARIANCE OR REPROGRAMMING Reallocation(s) or budget variance(s) between budget categories must be approved by Pima County Grants Management & Innovation Director. 4. COSTS REQUIRING PRIOR APPROVAL BY THE PIMA COUNTY GMI DIRECTOR. Unusual or large items, for example: capital equipment purchases, including software systems. 5. UNALLOWABLE COSTS: • Alcoholic beverages • Entertainment • Fines, penalties, damages, and other settlements • Pre-award costs • Lobbying activities {} SubR Version: 7.31.23 CT-TR-24-379 Page 1 of 3 FEDERAL FUNDING INFORMATION INV DATE PROGRAM NAME INVOICE # CFDA # APPROVED BUDGET & BILLING DETAILS (07/01/22-06/30/23) PAYMENT TERMS: Net 30 Days APPROVED Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 YEAR TO DATE BALANCE BUDGET Billed Amt Billed Amt Billed Amt Billed Amt Billed Amt Billed Amt Billed Amt Billed Amt Billed Amt TOTALS REMAINING Salary - - - Fringe Benefits - - - Travel - - - Supplies - - Contractual Services - - Other - - Indirect - - - TOTAL CONTRACT BILLING - - - - - - - - - - - - By signing this report: I certify that to the best of my knowledge: (1) the information reported represents actual receipts and actual expenditures which have been incurred in accordance with the agreement for management and implementation of the contracted program and are based on official accounting records and supporting documents which will be maintained by us for purposes of audit; and (2) the report is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statement, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). REQUIRED SUBRECIPIENT SIGNATURES: ~~~~FOR PIMA COUNTY USE ONLY~~~~ Date bill rcv'd/Initials Date rtnd for corrections/Initials Date rvwd & submitted for payment/Initials EXHIBIT C (1 page) PIMA COUNTY INVOICE REQUEST SAMPLE , 2023 Invoice For The Month Of Agency Preparer Signature - please print & sign Date Contact Phone Num/Ext Agency Authorized Approver Signature - please print & Contact Phone Num/Ext 93.391 PLEASE SEND INOVICE TO THE ATTENTION OF: AGENCY INVOICE INFORMATION: {} SubR Version 7.31.23 CT-TR-24-379 Page 2 of 3 EXHIBIT C: In-Kind Documentation Template SAMPLE List of Employees and Positions Working on the Safe Streets For All Program EIN Employee Name Position Salary Rate (Hourly) Expected Hours on G Salary Rate (Bi-Weekly) Salary Rate (Annual) Social Security and Medicare % Unemployment % Health Insurance % Workers Comp. % All Other Fringe Benefits % Total e.g. 123456 Jane Doe Planner $31.00 100 $2,480 $64,480 7.65% 0.06% 0.04% 0.21% 3.25% $347.51 {} SubR Version 7.31.23 CT-TR-24-379 Page 3 of 3 Doe, Jane Supervisor EXHIBIT C, CONTINUED SAMPLE EMPLOYEE IN-KIND LABOR CERTIFICATION Hours Fringe Worked Salary (to Benefits Total Hours on Grant be (to be Employee Current Pay Worked in in Pay allocated allocated EIN Name Period Pay Period Period to match) to match) Total e.g. 123456 Jane Doe 12/31/23-1/13/24 80 5 $155 $17.38 $172 I certify that I am assigned to work on the Safe Streets For All grant program and that the time listed above was allocated to this program during this pay period. {} SubR Version: 7.31.23 CT-TR-24-379 Page 1 of 1 EXHIBIT D (1 Page) Subrecipient Core Documents All Subrecipients are required to submit the following core documents to County within 60 days of approval of this Agreement. Core documents may be submitted via email to GMIagreements@pima.gov or via Surface Mail to Grants Management & Innovation, Grants Admin Compliance Division, 130 W. Congress, DT-ADE-127, Tucson, Arizona 85701. 1. Audited Financial Statement(s)(most current) 2. Single Audit in accordance with the audit requirements at 2 C.F.R. § 200.501(a): Non-Federal entities that expend $750,000 or more during the non‐Federal entity’s fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part. 3. Organizational Charts 4. Chart of Accounts with Cost Centers 5. Internal Control Procedure(s) such as: • Procurement/Purchasing Policy(ies) • Procedure for budgeting grants • Personnel Policies • Drug‐free Workplace Policy • Code of Conduct • Conflict of Interest • Whistleblower Protection • Employee Travel 6. The following administrative and/or financial management procedures for administering federal grants such as: • Cost Allocation Plan • Cash Management Procedure(s) • Methodology for reporting accrued expenditures for Pima County contracts • Financial Management Systems • Determination of Allowable costs • Financial Reporting • Records Retention 7. Certificate of Insurance or Fidelity Bond for construction projects (if applicable) 8. Indirect Cost Rate (most current issued by a Federal agency). Per 2 CFR 200.332(a)(4), Pima County will accept the following types of indirect cost rates: • An approved federally recognized indirect cost rate negotiated between the entity and the Federal Government; or • If no such rate exists, a de minimis indirect cost rate as defined in 2 C.F.R. § 200.414(f). If additional documents are required, Subrecipient will be notified by the County. {} SubR Version: 7.31.23 CT-TR-24-379 Page 1 of 1 Exhibit E (1 Page) Special Federal Award Grant Terms and Conditions 1. DISADVANTAGED BUSINESS ENTERPRISES. 1.1. Subrecipient must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used, when possible, per 2 C.F.R. § 200.321. 1.2. Affirmative steps must include: 1.2.1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 1.2.2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; 1.2.3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 1.2.4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 1.2.5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 1.2.6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs 3.2, (3.2.1) through (3.2.5) of this section. PUBLICATIONS AND INVENTIONS 1. PUBLICATIONS. Subrecipient acknowledges that the Action Plan developed pursuant to the grant agreement will be made publicly available and that it will be published by County on a publicly available website. STATUTORY AND NATIONAL POLICY REQUIREMENTS 1. CIVIL RIGHTS COMPLIANCE. Subrecipient will demonstrate compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, and accompanying regulations. Subrecipient will also demonstrate full compliance with the regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.    Town Council Regular Session E. Meeting Date:05/01/2024   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Approval to cancel the May 22, 2024, Town Council regular meeting RECOMMENDATION: N/A EXECUTIVE SUMMARY: At their regular meeting on December 6, 2023, the Town Council approved the 2024 Town Council regular meeting schedule, which included a regular meeting scheduled for May 22, 2024. Currently, there is no business scheduled for the May 22, 2024, regular Town Council meeting. In the event that the Town Council would like to cancel the May 22 regular Town Council meeting, the Town Council must take formal action. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to cancel the May 22, 2024, Town Council Regular Meeting. Attachments No file(s) attached.    Town Council Regular Session 2. Meeting Date:05/01/2024   Presentation and possible discussion regarding the Town's Five-Year Financial Forecast through FY 2028/29 Subject PRESENTATION AND POSSIBLE DISCUSSION REGARDING THE TOWN'S FIVE-YEAR FINANCIAL FORECAST THROUGH FY 2028/29 Summary The Town's adopted financial policies provide "as a part of the annual Town budget preparation cycle, the Finance Department shall prepare a minimum five-year financial forecast of projected revenues and expenditures to measure the financial sustainability of the Town's operations and service levels." As such, staff will present the five-year financial forecast through FY 2028/29 for the General Fund, Highway Fund, Capital Fund and Community Center Fund. The forecast assumptions were compiled by referencing several sources of data, including the University of Arizona, Joint Legislative Budget Committee (JLBC), State Finance Advisory Committee, Arizona Department of Revenue, and the Arizona Department of Transportation. Staff also incorporated Town historical trend data and professional judgment into formulation of this forecast. Attachments Town of Oro Valley Five-Year Forecast FY25  FY25 Five-Year Forecast - Staff Presentation  TOWN OF ORO VALLEY ‐ SELECT FUNDS FIVE YEAR FINANCIAL FORCAST WITH  DEBT ISSUANCE FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast GENERAL FUND Revenue 58,830,757 57,254,257 57,533,657 58,777,684 60,465,268 61,686,866 Inflows 58,830,757 57,254,257 57,533,657 58,777,684 60,465,268 61,686,866 Personnel 35,007,347 35,742,353 36,771,651 37,817,797 38,986,268 40,186,655 O&M 13,443,775 14,663,279 15,421,527 16,268,004 17,021,628 17,887,241 Capital 1,342,555 680,400 374,604 397,080 416,934 437,781 Transfers Out 12,274,644 9,403,343 3,733,080 3,452,351 3,332,881 2,924,786 Outflows 62,068,321 60,489,375 56,300,862 57,935,232 59,757,711 61,436,463 Beginning Fund Balance 23,798,492 20,560,928 17,325,810 18,558,605 19,401,056 20,108,613 Ending Fund Balance 20,560,928 17,325,810 18,558,605 19,401,056 20,108,613 20,359,016 HIGHWAY FUND Revenue 4,525,233 4,485,805 4,565,042 4,697,539 4,846,993 5,074,367 Transfers In 1,500,000 4,000,000 4,000,000 5,000,000 5,000,000 2,000,000 Inflows 6,025,233 8,485,805 8,565,042 9,697,539 9,846,993 7,074,367 Personnel 1,257,857 1,334,281 1,361,028 1,388,316 1,416,153 1,444,551 O&M 1,003,930 1,281,505 1,269,832 1,342,260 1,419,034 1,486,851 Capital 4,195,000 5,481,000 6,276,300 7,228,315 7,208,000 3,583,000 Outflows 6,456,787 8,096,786 8,907,160 9,958,891 10,043,187 6,514,402 Beginning Fund Balance 878,932 447,378 836,397 494,279 232,928 36,733 Ending Fund Balance 447,378 836,397 494,279 232,928 36,733 596,698 CAPITAL FUND Revenue 2,152,540 2,396,872 1,307,428 1,477,240 1,373,580 1,263,921 Bond Proceeds - - - 11,000,000 - - Transfers In 10,000,000 7,139,787 1,441,897 1,468,442 1,488,396 1,515,075 Inflows 12,152,540 9,536,659 2,749,325 13,945,682 2,861,976 2,778,996 Personnel 254,765 - - - - - O&M 2,500 - - - - - Capital 19,153,657 10,030,338 2,666,143 3,215,553 4,190,293 3,317,493 Debt Service - - - 791,583 791,583 791,583 Transfers Out 1,500,000 4,381,448 4,329,000 5,339,000 5,349,250 2,359,750 Outflows 20,653,657 14,411,786 6,995,143 9,346,136 10,331,126 6,468,826 Beginning Fund Balance 24,550,288 15,791,906 10,916,779 6,670,960 11,270,506 3,801,356 Ending Fund Balance 15,791,906 10,916,779 6,670,960 11,270,506 3,801,356 111,526 COMMUNITY CENTER FUND Revenue 10,560,329 10,685,399 10,833,369 11,137,140 11,460,233 11,846,465 Inflows 10,560,329 10,685,399 10,833,369 11,137,140 11,460,233 11,846,465 Personnel 1,187,609 1,167,368 1,205,725 1,245,362 1,286,321 1,328,644 O&M 5,610,959 5,993,655 6,125,425 6,255,521 6,389,858 6,521,020 Capital 1,279,698 2,420,302 1,532,500 2,070,000 1,800,000 450,000 Transfers Out 1,717,203 1,717,149 1,716,268 1,717,435 1,711,661 1,714,810 Outflows 9,795,469 11,298,474 10,579,917 11,288,318 11,187,839 10,014,475 Beginning Fund Balance 1,008,233 1,562,409 726,389 743,519 341,839 348,702 Ending Fund Balance 1,562,409 726,389 743,519 341,839 348,702 1,901,884 TOWN OF ORO VALLEY ‐ SELECT FUNDS FIVE YEAR FINANCIAL FORCAST WITHOUT DEBT ISSUANCE FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast GENERAL FUND Revenue 58,830,757 57,254,257 57,533,657 58,777,684 60,465,268 61,686,866 Inflows 58,830,757 57,254,257 57,533,657 58,777,684 60,465,268 61,686,866 Personnel 35,007,347 35,742,353 36,771,651 37,817,797 38,986,268 40,186,655 O&M 13,443,775 14,663,279 15,421,527 16,268,004 17,021,628 17,887,241 Capital 1,342,555 680,400 374,604 397,080 416,934 437,781 Transfers Out 12,274,644 9,403,343 3,733,080 3,452,351 3,332,881 2,924,786 Outflows 62,068,321 60,489,375 56,300,862 57,935,232 59,757,711 61,436,463 Beginning Fund Balance 23,798,492 20,560,928 17,325,810 18,558,605 19,401,056 20,108,613 Ending Fund Balance 20,560,928 17,325,810 18,558,605 19,401,056 20,108,613 20,359,016 HIGHWAY FUND Revenue 4,525,233 4,485,805 4,565,042 4,697,539 4,846,993 5,074,367 Transfers In 1,500,000 4,000,000 4,000,000 5,000,000 5,000,000 2,000,000 Inflows 6,025,233 8,485,805 8,565,042 9,697,539 9,846,993 7,074,367 Personnel 1,257,857 1,334,281 1,361,028 1,388,316 1,416,153 1,444,551 O&M 1,003,930 1,281,505 1,269,832 1,342,260 1,419,034 1,486,851 Capital 4,195,000 5,481,000 6,276,300 7,228,315 7,208,000 3,583,000 Outflows 6,456,787 8,096,786 8,907,160 9,958,891 10,043,187 6,514,402 Beginning Fund Balance 878,932 447,378 836,397 494,279 232,928 36,733 Ending Fund Balance 447,378 836,397 494,279 232,928 36,733 596,698 CAPITAL FUND Revenue 2,152,540 2,396,872 1,307,428 1,477,240 1,373,580 1,263,921 Bond Proceeds - - - - - - Transfers In 10,000,000 7,139,787 1,441,897 1,468,442 1,488,396 1,515,075 Inflows 12,152,540 9,536,659 2,749,325 2,945,682 2,861,976 2,778,996 Personnel 254,765 - - - - - O&M 2,500 - - - - - Capital 19,153,657 10,030,338 2,666,143 3,215,553 4,190,293 3,317,493 Debt Service - - - - - - Transfers Out 1,500,000 4,381,448 4,329,000 5,339,000 5,349,250 2,359,750 Outflows 20,653,657 14,411,786 6,995,143 8,554,553 9,539,543 5,677,243 Beginning Fund Balance 24,550,288 15,791,906 10,916,779 6,670,960 1,062,089 (5,615,478) Ending Fund Balance 15,791,906 10,916,779 6,670,960 1,062,089 (5,615,478) (8,513,725) COMMUNITY CENTER FUND Revenue 10,560,329 10,685,399 10,833,369 11,137,140 11,460,233 11,846,465 Inflows 10,560,329 10,685,399 10,833,369 11,137,140 11,460,233 11,846,465 Personnel 1,187,609 1,167,368 1,205,725 1,245,362 1,286,321 1,328,644 O&M 5,610,959 5,993,655 6,125,425 6,255,521 6,389,858 6,521,020 Capital 1,279,698 2,420,302 1,532,500 2,070,000 1,800,000 450,000 Transfers Out 1,717,203 1,717,149 1,716,268 1,717,435 1,711,661 1,714,810 Outflows 9,795,469 11,298,474 10,579,917 11,288,318 11,187,839 10,014,475 Beginning Fund Balance 1,008,233 1,562,409 726,389 743,519 341,839 348,702 Ending Fund Balance 1,562,409 726,389 743,519 341,839 348,702 1,901,884 Town of Oro ValleyFive-Year ForecastFY 22/23 ActualFY 23/24 ForecastFY 24/25 ForecastFY 25/26 ForecastFY 26/27 ForecastFY 27/28 ForecastFY 28/29 ForecastSOURCESTaxes27,213,164$ 27,419,438$ 28,708,825$ 28,837,932$ 29,368,835$ 29,767,924$ 30,301,504$ State Shared Revenue18,969,633 22,911,519 20,580,407 20,030,171 20,977,564 22,020,528 23,132,520 Charges for Services2,897,311 2,863,987 2,966,467 3,045,234 3,126,739 3,211,060 3,297,803 Licenses & Permits2,643,013 1,920,582 1,673,022 2,257,364 1,903,656 2,026,406 1,476,695 Intergovernmental1,857,521 1,869,500 1,981,555 2,000,471 2,019,575 2,038,871 2,058,360 Grants653,525 744,251 659,982 667,645 675,447 683,390 691,479 Miscellaneous2,961,402 546,480 229,000 231,290 233,603 235,939 238,298 Fines84,454 55,000 55,000 55,550 56,106 56,667 57,233 Interest Income372,378 500,000 400,000 408,000 416,160 424,483 432,973 Total Sources57,652,401 58,830,757 57,254,257 57,533,657 58,777,684 60,465,268 61,686,866 USESPersonnel33,329,692 35,007,347 35,742,353 36,771,651 37,817,797 38,986,268 40,186,655 O&M11,944,698 13,443,775 14,663,279 15,421,527 16,268,004 17,021,628 17,887,241 Capital Outlay2,972,965 1,342,555 680,400 374,604 397,080 416,934 437,781 Transfers Out15,996,977 12,274,644 9,403,343 3,733,080 3,452,351 3,332,881 2,924,786 Total Uses64,244,332 62,068,321 60,489,375 56,300,862 57,935,232 59,757,711 61,436,463 Surplus/(Use of Fund Balance)(6,591,931) (3,237,564) (3,235,118) 1,232,795 842,452 707,557 250,403 Beginning Fund Balance30,390,423 23,798,492 20,560,928 17,325,810 18,558,605 19,401,056 20,108,613 Ending Fund Balance23,798,492$ 20,560,928$ 17,325,810$ 18,558,605$ 19,401,056$ 20,108,613$ 20,359,016$ Reserve as % of Expenditures37.0%41.3%33.9%35.3%35.6%35.6%34.8%GENERAL FUND3 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 $50,000,000 $55,000,000 $60,000,000 $65,000,000 $70,000,000FY 23/24ForecastFY 24/25ForecastFY 25/26ForecastFY 26/27ForecastFY 27/28ForecastFY 28/29ForecastGeneral FundSources, Uses and Fund BalanceUSESSOURCESFUND BALANCERESERVE (30%)4 Sources Assumptions Local Sales Taxes 1. Estimated revenues from development at the Oro Valley Marketplace of about $1.3 million 2. Slow economic growth with no major economic downturns in the five-year outlook 3. Slight decline in construction sales tax in outer years due to reduced available land area for new development 4. Hotel/bed tax 1% growth, plus assumed revenue from OV Marketplace beginning in FY 25/26 5. Conservative levels of one-time, non-specific commercial development plus identified commercial construction 6. 3-5% growth per year in retail, restaurant/bar, utility and other categories State Shared Revenues 1. State shared revenue forecasts are provided by the Arizona League of Cities. Smart&Safe based on forecast from ADOT. 2. State shared income tax revenue reductions in FY24/25 and FY25/26 due to implementation of the 2.5% individual flat income tax, growth of 4-5% thereafter Charges for Services 1.3% growth rate in charges for services to enterprise funds 2.3-4% growth rate for Parks & Recreation related revenues 3.Development revenues tied to projected permitting activity Licenses & Permits 1.Declining single family residential (SFR) permit activity in year 1 followed by a spike in years 2-4 as known developments are expected to begin building and then a continued downward trend 2.Conservative commercial permitting activity forecast, with specific permitting for the Oro Valley Marketplace ($920,000) 3. Slowing revenues and activity in outer years attributable to reduced available land area for new development Intergovernmental 1.School resource officer funding kept flat at $90,000 2. 1% growth in RTA transit reimbursement revenue Grant Revenues/Fines 1.Police grant revenues assumed at 1% growth per year 2. Fine revenues 1% growth per year Miscellaneous 1.Consists primarily of in-lieu bed tax income; 1% growth per year Interest Income 1. 2% growth per year; subject to economic conditions and based on anticipated fund balance GENERAL FUND FORECAST ASSUMPTIONS 273 497 199 148 95 130 172 120 80 FY 19/20 Actual FY 21/22 Actual FY 22/23 Actual FY 23/24 Forecasted FY 24/25 Forecasted FY 25/26 Forecasted FY 26/27 Forecasted FY 27/28 Forecasted FY 28/29 Forecasted SFR Building Permit Forecast Category FY 24/25  Forecast %  growth FY 25/26  Forecast %  growth FY 26/27  Forecast %  growth FY 27/28  Forecast %  growth FY 28/29  Forecast %  growth Retail 9,447,680    1.0%9,731,110    3.0%10,133,303  4.1%10,436,195  3.0%10,878,604  4.2% Construction 5,875,681    17.3%5,275,643    ‐10.2%4,849,654    ‐8.1%4,567,396    ‐5.8%4,287,907    ‐6.1% Utility 4,097,824    2.5%4,187,976    2.2%4,271,736    2.0%4,357,170    2.0%4,444,314    2.0% Restaurant 2,726,271    5.0%2,862,585    5.0%3,005,714    5.0%3,156,000    5.0%3,313,800    5.0% Bed Tax 2,464,858    1.0%2,570,926    4.3%2,763,542    7.5%2,793,676    1.1%2,824,151    1.1% Other 3,380,711    3.0%3,501,050    3.6%3,643,332    4.1%3,762,949    3.3%3,865,134    2.7% Cable Franchise Fee 715,800        ‐1.0%708,642        ‐1.0%701,555        ‐1.0%694,540        ‐1.0%687,594        ‐1.0% Total 28,708,825  4.7%28,837,932  0.4%29,368,835  1.8%29,767,924  1.4%30,301,504  1.8% Category FY 24/25  Forecast %  growth FY 25/26  Forecast %  growth FY 26/27  Forecast %  growth FY 27/28  Forecast %  growth FY 28/29  Forecast %  growth State Income Tax 10,357,064  ‐19.0%9,322,675    ‐10.0%9,751,996    4.6%10,254,965  5.2%10,806,109  5.4% State Sales Tax 7,358,086    3.7%7,703,731    4.7%8,083,281    4.9%8,487,445    5.0%8,911,817    5.0% County Auto Lieu 2,530,630    4.8%2,629,952    3.9%2,731,778    3.9%2,834,022    3.7%2,940,021    3.7% Smart and Safe 334,627        14.5%373,812        11.7%410,509        9.8%444,096        8.2%474,573        6.9% Total 20,580,407  ‐10.2%20,030,171  ‐2.7%20,977,564  4.7%22,020,528  5.0%23,132,520  5.0% 5 GENERAL FUND FORECAST ASSUMPTIONS Uses Assumptions Salaries and Benefits 1. Police step increases included each year; pay adjustments included at 4.0% per year 2. Public safety pension rates kept flat at 16.22% plus additional contributions of $800,000 per year 3. Health insurance premiums increase 2% per year 4. No new positions in year 1, capacity for one new position annually in years 2 and 3, two new positions in years 4 and 5 Operations & Maintenance 1. Forecast assumes no new initiatives or changes to service levels 2. Gas prices assumed to remain stable throughout the forecast period and grow 1% annually 3. Capital outlay reflects operating capital 4. 5-6% annual growth in O&M costs CIP Funding 1.Shown as transfer out to Capital Fund 2. Annual amounts equal to 5% of projected sales tax collections, plus any remaining fund balance over the 30% reserve policy Transfers Out 1. Transfers to debt service, Capital Fund and Grants Fund 6 Town of Oro ValleyFive-Year ForecastFY 22/23 ActualFY 23/24 ForecastFY 24/25 ForecastFY 25/26 ForecastFY 26/27 ForecastFY 27/28 ForecastFY 28/29 ForecastSOURCESState Shared Revenue4,129,268$ 4,334,608$ 4,307,805$ 4,458,649$ 4,610,326$ 4,771,171$ 4,932,849$ Licenses & Permits27,56525,00025,000 25,500 25,755 26,013 26,273 Interest Income169,554 150,000 150,000 77,863 58,397 46,718 112,123 Miscellaneous10,61115,6253,000 3,030 3,060 3,091 3,122 Transfers from Capital Fund- 1,500,000 4,000,000 4,000,000 5,000,000 5,000,000 2,000,000 Total Sources4,336,998 6,025,233 8,485,805 8,565,042 9,697,539 9,846,993 7,074,367 USESPersonnel1,195,566 1,257,857 1,334,281 1,361,028 1,388,316 1,416,153 1,444,551O&M874,503 1,003,930 1,281,505 1,269,832 1,342,260 1,419,034 1,486,851Capital Outlay2,594,981 4,195,000 5,481,000 6,276,300 7,228,315 7,208,000 3,583,000Total Uses4,665,050 6,456,787 8,096,786 8,907,160 9,958,891 10,043,187 6,514,402 Surplus/(Use of Fund Balance) (328,052) (431,554) 389,019 (342,118) (261,352) (196,194) 559,965Beginning Fund Balance1,206,985878,932 447,378 836,397 494,279 232,92836,733 Ending Fund Balance878,933$ 447,378$ 836,397$ 494,279$ 232,928$ 36,733$ 596,698$ HIGHWAY FUND7 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000FY 23/24ForecastFY 24/25ForecastFY 25/26ForecastFY 26/27ForecastFY 27/28ForecastFY 28/29ForecastHighway FundSources, Uses and Fund BalanceUSESSOURCESFUND BALANCE8 Sources Assumptions Highway User Tax 1. Highway user revenues grow 3.4-3.6% per year per ADOT forecast 2. Forecast assumes no changes in state allocation of funds to cities and towns Miscellaneous 1. Low growth; minimal amount based on current trend Interest Income 1. Subject to economic conditions and based on anticipated fund balance Transfers In 1. Transfers from Capital Fund of $20 million over five years to fund needed roadway projects Uses Assumptions Salaries and Benefits 1. Assumptions similar to General Fund for pay and benefit adjustments 2. No new positions assumed over forecast period Operations & Maintenance 1. Assumes no changes to service levels, 5-6% annual growth rate 2. New bridge maintenance program Capital Outlay 1. Per 10-year CIP program; Capital Fund subsidizes projects in years when HURF revenues are not sufficient to cover costs 2. Three bridge deck repair projects are not in this forecast: First Avenue Bridge Deck Repair ($2.7 million), Rancho Vistoso Blvd Bridge Deck Repair ($4.1 million), Tangerine Rd. Bridge Deck Repair over Big Wash ($1.7 million). Applying for outside funding Pavement Preservation 1. Assumes no significant increase in lane miles. $3.15 million base with 3% increases each year HIGHWAY FUND FORECAST ASSUMPTIONS FY 24/25  Forecast %  growth FY 25/26  Forecast %  growth FY 26/27  Forecast %  growth FY 27/28  Forecast %  growth FY 28/29  Forecast %  growth Pavement Preservation 3,150,000  26.0%3,245,000  3.0%3,343,000  3.0%3,444,000  3.0%3,548,000  3.0% 9 Town of Oro ValleyFive-Year ForecastFY 22/23 ActualFY 23/24 ForecastFY 24/25 ForecastFY 25/26 ForecastFY 26/27 ForecastFY 27/28 ForecastFY 28/29 ForecastSOURCESState Grants-$ 620,000$ 1,000,000$ -$ -$ -$ -$ Bond Proceeds- - - - 11,000,000 - - Interest Income530,338 500,000 348,382 230,933 361,138 216,683 65,005 Miscellaneous166,739 140,000 115,000 115,000 115,000 115,000 115,000 Vehicle Reserves820,008 892,540 933,490 961,495 1,001,102 1,041,897 1,083,916 Transfers from General Fund13,500,000 10,000,000 7,139,787 1,441,897 1,468,442 1,488,396 1,515,075 Transfer from Community Center Fund 4,767,786- - - - - - Total Sources19,784,871 12,152,540 9,536,659 2,749,325 13,945,682 2,861,976 2,778,996 USESPersonnel236,738 254,765- - - - - O&M8,091 2,500 - - - - - Capital Outlay18,942,684 19,153,657 10,030,338 2,666,143 3,215,553 4,190,293 3,317,493Debt Service- - - - 791,583 791,583 791,583 Transfers to Highway Fund- 1,500,000 4,000,000 4,000,000 5,000,000 5,000,000 2,000,000 Transfers to Grants Fund- - 381,448 329,000 339,000 349,250 359,750 Total Uses19,187,513 20,910,922 14,411,786 6,995,143 9,346,136 10,331,126 6,468,826 Surplus/(Use of Fund Balance)597,358 (8,758,382) (4,875,127) (4,245,819) 4,599,546 (7,469,150) (3,689,830)Beginning Fund Balance23,952,930 24,550,288 15,791,906 10,916,779 6,670,960 11,270,506 3,801,356 Ending Fund Balance24,550,288$ 15,791,906$ 10,916,779$ 6,670,960$ 11,270,506$ 3,801,356$ 111,526$ CAPITAL FUND10 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000FY 23/24ForecastFY 24/25ForecastFY 25/26ForecastFY 26/27ForecastFY 27/28ForecastFY 28/29ForecastCapital FundSources, Uses and Fund BalanceUSESSOURCESFUND BALANCE11 Sources Assumptions Bond Proceeds 1.Bond issuance of $11 million assumed in FY 26/27 to fund projects in the forecast period Vehicle Reserves 1. General Fund is charged the replacement value of new, non-enterprise fund vehicles over the useful life 2. One new patrol vehicle annually in years 2-5 at $107,621 each Miscellaneous 1.Reflects vehicle sales and insurance recoveries; assumed flat Interest Income 1. Subject to economic conditions and based on anticipated fund balance Transfers In 1.Transfers from General Fund consist excess General Fund reserves, per adopted financial policies Uses Assumptions Capital Outlay 1.Capital outlay reflects 10-year CIP program 2.Forecast also includes capacity for new vehicles and unplanned vehicle losses Debt Service 1.Annual debt service for assumed bond issuance at 3.75% APR over a 20 year term Transfers Out 1. Transfers to the Highway Fund subsidize HURF revenue as needed for roadway projects ($21.5 million) 2. Transfers to the Grant Fund for local match of grant funded transit vehicles CAPITAL FUND FORECAST ASSUMPTIONS 12 Town of Oro ValleyFive-Year ForecastFY 22/23 ActualFY 23/24 ForecastFY 24/25 ForecastFY 25/26 ForecastFY 26/27 ForecastFY 27/28 ForecastFY 28/29 ForecastSOURCESTaxes3,713,654$ 3,803,267$ 3,879,440$ 4,014,055$ 4,151,115$ 4,293,223$ 4,459,304$ Charges for Services6,265,647 6,563,012 6,630,227 6,800,355 6,975,467 7,155,718 7,341,269 Interest Income110,723 35,000 16,682 17,459 9,042 9,762 44,345 Miscellaneous271,567 159,050 159,050 1,500 1,515 1,530 1,545 Total Sources10,361,591 10,560,329 10,685,399 10,833,369 11,137,140 11,460,233 11,846,465 USESPersonnel1,065,775 1,187,609 1,167,368 1,205,725 1,245,362 1,286,321 1,328,644 O&M5,706,520 5,610,959 5,993,655 6,125,425 6,255,521 6,389,858 6,521,020 Capital Outlay1,467,015 1,279,698 2,420,302 1,532,500 2,070,000 1,800,000 450,000 Debt Service (Leases)178,654 210,684 222,945 236,322 250,501 265,531 278,808 Transfers to Debt Service2,028,066 1,717,203 1,717,149 1,716,268 1,717,435 1,711,661 1,714,810 Transfers to Capital Fund4,767,786 - - - - - - Total Uses15,213,816 10,006,153 11,521,419 10,816,239 11,538,819 11,453,370 10,293,282 Surplus/(Use of Fund Balance) (4,852,225) 554,176 (836,020) 17,130 (401,680) 6,863 1,553,182 Beginning Fund Balance5,860,458 1,008,233 1,562,409 726,389 743,519 341,839 348,702 Ending Fund Balance1,008,233$ 1,562,409$ 726,389$ 743,519$ 341,839$ 348,702$ 1,901,884$ COMMUNITY CENTER FUND13 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000FY 23/24ForecastFY 24/25ForecastFY 25/26ForecastFY 26/27ForecastFY 27/28ForecastFY 28/29ForecastCommunity Center FundSources, Uses and Fund BalanceUSESSOURCESFUND BALANCE14 Sources Assumptions Local Sales Taxes 1. Categories mirror General Fund forecast, where appropriate 2. Modest economic growth with no major economic downturns in the five-year outlook 3. 3-5% growth per year in retail, restaurant/bar, utility and other categories Charges for Services 1.1% growth rate for CRC membership dues, recreation programs and daily drop-ins Golf Revenues 36-Hole Golf 1.Assumption of a 36‐hole operation for FY24/25 and beyond, outside of overseeding closures 2.Golf rounds stay flat to 1% increase 3.3.5% greens fee revenue YOY growth from increased public green fee rates 4.3% dues revenue increase YOY 5.1‐2% increase in remainder of revenue categories FY25/26 and beyond Pusch Ridge Golf 1.3% increase in green fee revenue YOY from increased public green fee rates 2.Golf rounds stay flat to 1% increase 3.2.5% increase in pro shop sales, food/bev and alcohol sales YOY 4.2% dues increase YOY 5.1‐2% increase in all other revenue lines Food & Beverage 1.No major closures or interruption of The Overlook restaurant 2.3% revenue increase YOY Interest Income 1. Subject to economic conditions and based on anticipated fund balance Miscellaneous 1.Forecast assumes HOA contributions end after FY 24/25, upon completion of five-year contracts COMMUNITY CENTER FUND FORECAST ASSUMPTIONS Category FY 24/25  Forecast %  growth FY 25/26  Forecast %  growth FY 26/27  Forecast %  growth FY 27/28  Forecast %  growth FY 28/29  Forecast %  growth Retail 2,361,920 1.0%2,432,777 3.0%2,505,761 3.0%2,580,934 3.0%2,684,171 4.0% Restaurant & Bar 681,568     5.0%715,646     5.0%751,428     5.0%789,000     5.0%828,450     5.0% Hotel 208,914     1.0%211,003     1.0%213,113     1.0%215,244     1.0%217,396     1.0% Remote Seller 478,681     3.0%499,743     4.4%519,733     4.0%540,522     4.0%556,738     3.0% Other 148,357     3.0%154,885     4.4%161,081     4.0%167,524     4.0%172,549     3.0% Total 3,879,440 9.0%4,014,055 3.5%4,151,115 3.4%4,293,223 3.4%4,459,304 3.9% 15 COMMUNITY CENTER FUND FORECAST ASSUMPTIONS Uses Assumptions Salaries and Benefits 1. Assumptions similar to General Fund for pay and benefit adjustments Operations & Maintenance 1. 5-6% growth in O&M costs 2. Full staffing levels Golf operations 1. Golf operating model remains same through FY28/29 2.36 hole - 7% lease expense increase for FY26. Cart lease will need to be renewed. 3.2‐2.5% labor increase; no significant staff additions expected 4.3% cost of goods sold expense YOY increase 5.3% labor expense YOY increase 6.2% annual increase in material costs Capital Outlay 1.Capital outlay per 10-year CIP program 2.$150,000 annually for building improvements and equipment 3.Vistoso Trails Nature Preserve maintenance at $200,000 per year Transfers to Debt Service 1.Debt service on the Parks and Recreation bonds and the 2016 Community Center energy efficiency bonds 16 Five-Year Financial Forecast May 1, 2024 OVERVIEW General Fund, Highway Fund, Capital Fund, and Community Center Fund Snapshot based upon known current information Serves as planning document for future budgets Forecast is updated annually as part of the budget process Sources: University of Arizona, Joint Legislative Budget Committee, AZ Department of Transportation, as well as the knowledge, expertise and professional judgment by Town management and staff OVERVIEW (continued) Two scenarios are presented Forecast shows a reduction in the excess amount that operating revenues exceed operating expenditures in the General Fund State shared revenues decline over next two years causing total General Fund revenue decline for those years Street maintenance and road capital project increases GENERAL FUND SOURCES -ASSUMPTIONS Assumes no major economic downturns Continued growth of 2-5% in most local sales tax categories No new tax categories are included Construction sales tax reflect relatively stable activity in near term, with slight declines beginning FY 26/27 due to reduced available land for new development Conservative commercial permitting activity forecast Single family residential permits State shared revenues Income tax rate reduction and cap of 2.5% expected to affect FY 24/25 onward FY 22/23 Actual FY 23/24 Forecasted FY 24/25 Forecasted FY 25/26 Forecasted FY 26/27 Forecasted FY 27/28 Forecasted FY 28/29 Forecasted 199 148 95 130 172 120 80 GENERAL FUND SOURCES -FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast SOURCES Taxes 27,213,164$ 27,419,438$ 28,708,825$ 28,837,932$ 29,368,835$ 29,767,924$ 30,301,504$ State Shared Revenue 18,969,633 22,911,519 20,580,407 20,030,171 20,977,564 22,020,528 23,132,520 Charges for Services 2,897,311 2,863,987 2,966,467 3,045,234 3,126,739 3,211,060 3,297,803 Licenses & Permits 2,643,013 1,920,582 1,673,022 2,257,364 1,903,656 2,026,406 1,476,695 Intergovernmental 1,857,521 1,869,500 1,981,555 2,000,471 2,019,575 2,038,871 2,058,360 Grants 653,525 744,251 659,982 667,645 675,447 683,390 691,479 Miscellaneous 2,961,402 546,480 229,000 231,290 233,603 235,939 238,298 Fines 84,454 55,000 55,000 55,550 56,106 56,667 57,233 Interest Income 372,378 500,000 400,000 408,000 416,160 424,483 432,973 Total Sources 57,652,401 58,830,757 57,254,257 57,533,657 58,777,684 60,465,268 61,686,866 GENERAL FUND GENERAL FUND SOURCES -FORECAST GENERAL FUND USES -ASSUMPTIONS Employee pay adjustments and Police step increases included in all years of forecast Very modest capacity for new FTEs Continued capacity for normal increases in employee-related personnel costs (ERE) Continuation of elevated PSPRS payments O&M assumes current service levels Transfers for CIP projects assumed at 5% of sales tax collections per Town Council financial policies, plus all fund balance over 30% reserve excluding contingency GENERAL FUND USES -FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast USES Personnel 33,329,692 35,007,347 35,742,353 36,771,651 37,817,797 38,986,268 40,186,655 O&M 11,944,698 13,443,775 14,663,279 15,421,527 16,268,004 17,021,628 17,887,241 Capital Outlay 2,972,965 1,342,555 680,400 374,604 397,080 416,934 437,781 Transfers Out 15,996,977 12,274,644 9,403,343 3,733,080 3,452,351 3,332,881 2,924,786 Total Uses 64,244,332 62,068,321 60,489,375 56,300,862 57,935,232 59,757,711 61,436,463 Surplus/(Use of Fund Balance)(6,591,931) (3,237,564) (3,235,118) 1,232,795 842,452 707,557 250,403 Beginning Fund Balance 30,390,423 23,798,492 20,560,928 17,325,810 18,558,605 19,401,056 20,108,613 Ending Fund Balance 23,798,492$ 20,560,928$ 17,325,810$ 18,558,605$ 19,401,056$ 20,108,613$ 20,359,016$ Reserve as % of Expenditures 37.0%41.3%33.9%35.3%35.6%35.6%34.8% GENERAL FUND GENERAL FUND USES -FORECAST GENERAL FUND FORECAST HIGHWAY FUND SOURCES -ASSUMPTIONS Arizona Department of Transportation forecasts moderate growth, 3.4 -3.6%, in highway user gas tax (HURF) revenues Other revenue sources assume modest and incremental growth Transfers in from the Capital Fund supplement HURF revenues for roadway projects identified in the ten-year CIP First Avenue mill/overlay -$1.7 million in FY 27/28 Rancho Vistoso Blvd mill/overlay -$2 million in FY 27/28 Tangerine Road mill/overlay -$2.6 million in FY 26/27 Annual pavement preservation program -$3.2-$3.6 million per year HIGHWAY FUND SOURCES -FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast SOURCES State Shared Revenue 4,129,268$ 4,334,608$ 4,307,805$ 4,458,649$ 4,610,326$ 4,771,171$ 4,932,849$ Licenses & Permits 27,565 25,000 25,000 25,500 25,755 26,013 26,273 Interest Income 169,554 150,000 150,000 77,863 58,397 46,718 112,123 Miscellaneous 10,611 15,625 3,000 3,030 3,060 3,091 3,122 Transfers from Capital Fund - 1,500,000 4,000,000 4,000,000 5,000,000 5,000,000 2,000,000 Total Sources 4,336,998 6,025,233 8,485,805 8,565,042 9,697,539 9,846,993 7,074,367 HIGHWAY FUND HIGHWAY FUND USES -ASSUMPTIONS Personnel and O&M figures reflect similar assumptions to General Fund Pavement preservation funding is included at $3.2 –$3.6 million per year Capital outlay reflects ten-year, tentative CIP schedule HIGHWAY FUND USES -FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast USES Personnel 1,195,566 1,257,857 1,334,281 1,361,028 1,388,316 1,416,153 1,444,551 O&M 874,503 1,003,930 1,281,505 1,269,832 1,342,260 1,419,034 1,486,851 Capital Outlay 2,594,981 4,195,000 5,481,000 6,276,300 7,228,315 7,208,000 3,583,000 Total Uses 4,665,050 6,456,787 8,096,786 8,907,160 9,958,891 10,043,187 6,514,402 Surplus/(Use of Fund Balance)(328,052)(431,554)389,019 (342,118)(261,352)(196,194)559,965 Beginning Fund Balance 1,206,985 878,932 447,378 836,397 494,279 232,928 36,733 Ending Fund Balance 878,933$ 447,378$ 836,397$ 494,279$ 232,928$ 36,733$ 596,698$ HIGHWAY FUND HIGHWAY FUND FORECAST HIGHWAY FUND FORECAST CAPITAL FUND SOURCES -ASSUMPTIONS Capital Fund is supported by General Fund transfers, vehicle reserves for fleet replacements, bond proceeds and grants Miscellaneous revenues, including sale of assets and insurance recoveries held steady in the forecast Non-enterprise fund vehicle reserves charged to General Fund based on replacement cost of each vehicle over useful life and includes 10% cost inflation Transfers annually from the General Fund reflect 5% of sales tax and excess fund balance over 30% reserve CAPITAL FUND SOURCES - FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast SOURCES State Grants -$ 620,000$ 1,000,000$ -$ -$ -$ -$ Bond Proceeds - - - - 11,000,000 - - Interest Income 530,338 500,000 348,382 230,933 361,138 216,683 65,005 Miscellaneous 166,739 140,000 115,000 115,000 115,000 115,000 115,000 Vehicle Reserves 820,008 892,540 933,490 961,495 1,001,102 1,041,897 1,083,916 Transfers from General Fund 13,500,000 10,000,000 7,139,787 1,441,897 1,468,442 1,488,396 1,515,075 Transfer from Community Center Fund 4,767,786 - - - - - - Total Sources 19,784,871 12,152,540 9,536,659 2,749,325 13,945,682 2,861,976 2,778,996 CAPITAL FUND CAPITAL FUND USES - ASSUMPTIONS Capital outlay reflects ten-year, tentative CIP schedule, excluding the new police station, pending an identified funding source New vehicle purchases (in addition to replacements) assumed at one patrol vehicle and two other vehicles annually 10% inflation for vehicle replacements Transfers out to the Highway Fund for roadway CIP projects CAPITAL FUND USES - FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast USES Personnel 236,738 254,765 - - - - - O&M 8,091 2,500 - - - - - Capital Outlay 18,942,684 19,153,657 10,030,338 2,666,143 3,215,553 4,190,293 3,317,493 Debt Service - - - - 791,583 791,583 791,583 Transfers to Highway Fund - 1,500,000 4,000,000 4,000,000 5,000,000 5,000,000 2,000,000 Transfers to Grants Fund - - 381,448 329,000 339,000 349,250 359,750 Total Uses 19,187,513 20,910,922 14,411,786 6,995,143 9,346,136 10,331,126 6,468,826 Surplus/(Use of Fund Balance)597,358 (8,758,382)(4,875,127)(4,245,819)4,599,546 (7,469,150)(3,689,830) Beginning Fund Balance 23,952,930 24,550,288 15,791,906 10,916,779 6,670,960 11,270,506 3,801,356 Ending Fund Balance 24,550,288$ 15,791,906$ 10,916,779$ 6,670,960$ 11,270,506$ 3,801,356$ 111,526$ CAPITAL FUND CAPITAL FUND FORECAST CAPITAL FUND FORECAST COMMUNITY CENTER FUND SOURCES - ASSUMPTIONS Local sales tax figures follow same growth as General Fund for relevant categories Conservative 1% growth for Parks & Recreation related revenues to account for potential discretionary spending decreases as result of inflation Golf rounds stay flat – 1% increase HOA contributions end after FY 24/25, upon completion of five-year contracts COMMUNITY CENTER FUND SOURCES - FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast SOURCES Taxes 3,713,654$ 3,803,267$ 3,879,440$ 4,014,055$ 4,151,115$ 4,293,223$ 4,459,304$ Charges for Services 6,265,647 6,563,012 6,630,227 6,800,355 6,975,467 7,155,718 7,341,269 Interest Income 110,723 35,000 16,682 17,459 9,042 9,762 44,345 Miscellaneous 271,567 159,050 159,050 1,500 1,515 1,530 1,545 Total Sources 10,361,591 10,560,329 10,685,399 10,833,369 11,137,140 11,460,233 11,846,465 COMMUNITY CENTER FUND COMMUNITY CENTER FUND USES - ASSUMPTIONS Personnel and O&M figures reflect similar assumptions to General Fund Contracted expenditures include Pusch 9-hole course Capital outlay reflects ten-year, tentative CIP schedule $200K annually for Vistoso Trails Nature Preserve maintenance $150,000 annually for building improvements and minor assets (non-CIP) Debt service transfers for Parks and Recreation bonds and energy efficiency bonds COMMUNITY CENTER FUND USES – FORECAST Town of Oro Valley Five-Year Forecast FY 22/23 Actual FY 23/24 Forecast FY 24/25 Forecast FY 25/26 Forecast FY 26/27 Forecast FY 27/28 Forecast FY 28/29 Forecast USES Personnel 1,065,775 1,187,609 1,167,368 1,205,725 1,245,362 1,286,321 1,328,644 O&M 5,706,520 5,610,959 5,993,655 6,125,425 6,255,521 6,389,858 6,521,020 Capital Outlay 1,467,015 1,279,698 2,420,302 1,532,500 2,070,000 1,800,000 450,000 Debt Service (Leases)178,654 210,684 222,945 236,322 250,501 265,531 278,808 Transfers to Debt Service 2,028,066 1,717,203 1,717,149 1,716,268 1,717,435 1,711,661 1,714,810 Transfers to Capital Fund 4,767,786 - - - - - - Total Uses 15,213,816 10,006,153 11,521,419 10,816,239 11,538,819 11,453,370 10,293,282 Surplus/(Use of Fund Balance)(4,852,225) 554,176 (836,020) 17,130 (401,680) 6,863 1,553,182 Beginning Fund Balance 5,860,458 1,008,233 1,562,409 726,389 743,519 341,839 348,702 Ending Fund Balance 1,008,233$ 1,562,409$ 726,389$ 743,519$ 341,839$ 348,702$ 1,901,884$ COMMUNITY CENTER FUND COMMUNITY CENTER FUND FORECAST COMMUNITY CENTER FUND FORECAST TOTAL NON-ENTERPRISE DEBT SERVICE DUE BY YEAR 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Questions?    Town Council Regular Session 3. Meeting Date:05/01/2024   Requested by: Vice Mayor Barrett and Councilmember Nicolson  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: PRESENTATION AND POSSIBLE DISCUSSION REGARDING THE 100-YEAR WATER SUPPLY REPORT RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: This item was requested by Vice Mayor Barrett and Councilmember Nicolson. FISCAL IMPACT: N/A SUGGESTED MOTION: This item is for discussion only. Attachments Staff Presentation  Town of Oro Valley Assured Water Supply May 2024 By: Peter A. Abraham, P.E. May 1, 2024 100-Year Assured Water Supply -Why was the Program Created? 2 ► The ADWR Assured Water Supply (AWS) program was created to: ► Established in 1980: Address the problem of limited groundwater supplies in Arizona ► Evaluate the availability of a 100-year water supply considering current and committed demands as well as growth projections ► Sustain the state’s economic health ► Preserve groundwater resources ► Promote long-term water supply planning ► Protect homebuyers ► Ensure sustainable growth 100-Year Assured Water Supply – Oro Valleys AWS designation history 3 ► Oro Valley’s Assured Water Supply – Designation history ► Prior to the Town purchasing the two private water companies: ► Rancho Vistoso Water Company and Canada Hills Water Company were designated as having an AWS in part based on their membership to the central Arizona Groundwater Replenishment District (CAGRD) ► Through the acquisitions, Oro Valley was assigned the membership contracts and assumed responsibility for the associated groundwater replenishment obligation ► First AWS designation was January 28, 1997 ► Designation allowed for up to 7,900 acre-ft. of groundwater to be pumped per year ► Modification to the AWS designation on June 26, 2003 ► Designation allowed for up to 15,049 acre-ft./yr. of groundwater to be pumped per year ► Modification to the AWS designation on June 6, 2013 ► New hydrological study was performed ► Modified designation allowed for up to 13,384 acre-ft. of groundwater to be pumped per year ► Designation was good for 10-years ► Application to modify the AWS designation was submitted in December of 2023. ► Expect new designation order by the end of calendar year 2024 or early 2025 ► New designation order will be good for 10-years before a new application to modify the AWS is required ► Expect new designation order of up to 12,889 acre-ft./year of groundwater available for 100-years 100-Year Assured Water Supply – How do you get a AWS designation 4 ► The Town of Oro Valley has been designated, by the State as having as having a 100-year water supply ► To obtain this designation the Utility has to demonstrate 7 things: ► Demonstrate that the water supply is physically available for 100-years ► Demonstrate that the water supply is legally available for 100-years ► Demonstrate that the water supply is continuously available for 100-years ► Demonstrate that the water supply is of sufficient quality ► Demonstrate that the water supply is consistent with the management goals of the area ► Demonstrate that the water use is consistent with the management goals of the area ► Demonstrate that the Utility has the financial capability to deliver the water resources 100-Year Assured Water Supply – AWS modification highlights 5 ► Hired Engineering Consultant Firm to assist with application process ► Process begins with pre-application meeting with ADWR (February 2023) ► Consultant & Water Utility staff work closely with ADWR staff during application review process ► Application highlights: 10 - year population and demand projections ► Population projections: Consistent with 2022 Subcounty Population Projections for Pima County produced by the PAG and adopted by the Arizona Office of Economic Opportunity ► Demand Projections: Based on the 2022 Annual Water Withdrawal and Use Report ► Current designation demonstrated that 13,384 AF/Yr. of groundwater will be available for at least 100-years beginning in 2013 ► Subtracting the groundwater pumped between 2013 to 2023 leaves a future Town designation of 12,889 AF/Yr. of groundwater available for use for at least 100-years. Summary: The Utility has the groundwater capacityto serve the community for more than 100-years,but water resources need to be used wisely 6 Questions?