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HomeMy WebLinkAboutPackets - Council Packets (1896)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION OCTOBER 16, 2024 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE For information on public comment procedures, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS Spotlight on Youth   TOWN MANAGER'S REPORT ON CURRENT EVENTS   ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1.Proclamation - Cities and Towns Week 2024   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - October 2, 2024   B.Resolution No. (R)24-35, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety GOHS) for funding personnel services (overtime), employee related expenses and materials and supplies (blood alcohol kits, gloves) to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley; 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   C.Resolution No. (R)24-36, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding to support personnel services (overtime), employee related expenses, and materials and supplies (radars, heat shields) to enhance the Special Traffic Enforcement Program (STEP); and directing the town manager, town clerk, town legal services director, or their duly authorized officers and agents to take all steps necessary to carry out the purposes and intent of this resolution   REGULAR AGENDA   1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RUBIO'S BAJA GRILL #101, LOCATED AT 10509 N ORACLE ROAD #105   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT OF THE REGULAR SESSION   STUDY SESSION   CALL TO ORDER   STUDY SESSION AGENDA   1.DISCUSSION REGARDING ZONING CODE AMENDMENTS TO CHAPTER 22 AND OTHER 1.DISCUSSION REGARDING ZONING CODE AMENDMENTS TO CHAPTER 22 AND OTHER RELATED SECTIONS TO 1) REFLECT RECENT STATE LAW CHANGES REGARDING MUNICIPAL REVIEW TIMEFRAMES OF REZONING APPLICATIONS (ARS 9-462.10) AND LEGAL PROTEST AREAS (ARS 9-462.04), AND 2) ESTABLISHING AN EXPIRATION PERIOD FOR ALL DEVELOPMENT REVIEW APPLICATIONS   2.DISCUSSION REGARDING A TOWN CODE AMENDMENT TO COMPLY WITH NEW ARIZONA REVISED STATUTES APPLICABLE TO ACCESSORY DWELLING UNITS BY 1) CHANGING ZONING DEFINITIONS AND STANDARDS RELATED TO GUEST HOUSES, 2) UPDATING THE TOWN CODE CHAPTER 8 RELATED TO SHORT-TERM RENTALS   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 10/9/24 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 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:10/16/2024   Proclamation - Cities and Towns Week 2024 Subject Proclamation - Cities and Towns Week 2024 Summary Attachments Proclamation     Town Council Regular Session A. Meeting Date:10/16/2024   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - October 2, 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 October 2, 2024, minutes.  Attachments 10/2/24 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 2, 2024 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 6:00 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember Absent:Joyce Jones-Ivey, Councilmember PLEDGE OF ALLEGIANCE    Mayor Winfield led the audience in the Pledge of Allegiance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town Meetings.   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS    Councilmember Greene reported that he was able to watch the placement of the Heroes Medal and Ribbon at the Arizona Heroes Memorial at Naranja Park. Councilmember Greene reminded citizens that the Arizona Heroes Memorial Ribbon Cutting Ceremony would take place on November 16, 2024 at 11:00 am.   TOWN MANAGER'S REPORT ON CURRENT EVENTS   10/2/24 Minutes, Oro Valley Town Council Regular Session 1  Town Manager Jeff Wilkins reported the following: "You Matter" cards were handed out with information to the Suicide and Crisis Lifeline. Town of Oro Valley staff will be discussing ways that the Town can help the flood victims effected by Hurricane Helene The State of the Town will be held October 31, 2024. Oro Valley's Finance Department was named Triple Crown winner for financial reporting by the Government Finance Officers Association (GFOA). Oro Valley's Communications & Marketing Division had received the Silver Circle Award and the Award of Excellence from the City-County Communications & Marketing Association. A new "Behind the Scenes" with Oro Valley's IT Department, focuses on cyber security. Update on the CDO levy project. Update on 50 Businesses for the 50 Years. Update on upcoming Parks and Recreation events.   ORDER OF BUSINESS    Mayor Winfield reviewed the order of business and stated the order would stand as posted.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Mike Zinkin voiced his concerns regarding the El Conquistador 5th hole mitigation process. Oro Valley resident Rob Wanczyk voiced his concerns regarding the El Conquistador 5th hole mitigation process. Oro Valley resident Tim Tarris voiced his concerns regarding the proposed Oro Valley Church of the Nazarene project. Oro Valley resident Timothy Fagan voiced his concerns regarding the proposed Oro Valley Church of the Nazarene project. Oro Valley resident Anthony Ferrara voiced his concerns regarding the proposed Oro Valley Church of the Nazarene project. Oro Valley resident Karen Steinbrom, speaking for Oro Valley resident Devon Smith, voiced the concerns of Ms. Smith regarding the proposed Oro Valley Church of the Nazarene project. Oro Valley resident Kathleen German voiced her concerns regarding the proposed Oro Valley Church of the Nazarene project. Oro Valley resident Tricia Tozier voiced her concerns regarding the proposed Oro Valley Church of the Nazarene project. Oro Valley resident Mike Cadden voiced his concerns regarding a new entry to the Town of Oro Valley maintenance yard. Oro Valley resident Denise Chick voiced her concerns regarding the proposed Oro Valley Church of 10/2/24 Minutes, Oro Valley Town Council Regular Session 2 the Nazarene project. Councilmember Solomon asked that staff review the decomposed granite installed at the El Conquistador 5th hole to make sure it is consistent with quarter inch decomposed granite. Councilmember Solomon responded to criticism regarding the proposed Oro Valley Church of the Nazarene project.   PRESENTATIONS   1.Presentation and update by Amphitheater School District Superintendent Todd Jaeger, J.D.      Amphitheater School District Superintendent Todd Jaeger, J.D., provided the following during his presentation and update: Amphitheater District at-a-Glance Our Programs at-a-Glance Thank you for our SRO's The Amphitheater Override and Bond; November 5th Election The purpose of this presentation Three basic school fund categories Limitations on Spending Challenges We Face Funding Perspective What cuts to public schools? How do Arizona schools cope with these realities? Two Separate Questions Prop 412: Proposition to Issue School Bonds of Approximately $84,000,000 The Rationale for a Bond Issue Specific Uses for the Bonds The proposed bonds will not increase the District taxes Amphi's Overrides Budget Override Limitations Voters have approved the renewal of that same override three times Prop 413: The Current Override Renewal What will the override renewal support? Expanded Courses Intrevention Services for Students Increased Elementary Art, Music and P.E. Class size reduction Compensation Support Support of Youngest Learners How much will the renewal of the current override increase District taxes? Proud to serve Oro Valley Discussion ensued amongst Council, staff and Mr.Jaeger regarding the presentation and update by Amphitheater School District Superintendent.   CONSENT AGENDA   A.Minutes - September 18, 2024      B.Resolution No. (R)24-34, authorizing and approving a school resource officer agreement between    10/2/24 Minutes, Oro Valley Town Council Regular Session 3 B.Resolution No. (R)24-34, authorizing and approving a school resource officer agreement between Leman Academy of Excellence and the Town of Oro Valley for the assignment of one (1) Town of Oro Valley Police Officer to act as school resource officer (SRO) at Leman Academy of Excellence       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve Consent agenda items (A) and (B).  Vote: 6 - 0 Carried   REGULAR AGENDA   1.DISCUSSION AND POSSIBLE ACTION REGARDING THE RENAMING OF WEST LAMBERT LANE PARK       Parks and Recreation Director Rosalyn Epting presented item #1 and included the following: West Lambert Lane Park Recommendations Discussion ensued amongst Council and staff regarding item #1.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to rename West Lambert Lane Park to Panorama Trails.  Vote: 6 - 0 Carried   FUTURE AGENDA ITEMS    No future agenda items were requested. Councilmember Greene expressed his sympathies to Councilmember Joyce Jones-Ivey.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to adjourn the meeting at 7:31 p.m.  Vote: 6 - 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, Arizona held on the 2nd day of October 2024. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________________________ Michael Standish, CMC Town Clerk 10/2/24 Minutes, Oro Valley Town Council Regular Session 4 10/2/24 Minutes, Oro Valley Town Council Regular Session 5    Town Council Regular Session B. Meeting Date:10/16/2024   Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)24-35, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety GOHS) for funding personnel services (overtime), employee related expenses and materials and supplies (blood alcohol kits, gloves) to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley; 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 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: A grant application was submitted to GOHS for funding personnel services, employee related expenses, materials and supplies for DUI Enforcement. As a result, the Town of Oro Valley Police Department was awarded $60,158. BACKGROUND OR DETAILED INFORMATION: On March 6, 2024, the Town of Oro Valley Police Department applied for grant funding for overtime, materials and supplies. On September 23, 2024, the Town received a letter awarding $60,158. This contract funding can be utilized after October 1, 2024, which is the beginning of the 2025 federal fiscal year. The police department will use these funds to enhance DUI Enforcement. FISCAL IMPACT: The approved FY 2024/25 budget includes the capacity, in the appropriate categories, for this awarded funding. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)24-35, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding personnel services (overtime), employee related expenses and materials and supplies (blood alcohol kits, gloves) to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley; 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. Attachments (R)24-35 Resolution 2024 GOHS DUI OT & Supplies  Exhibit A - Grant Agreement  RESOLUTION NO. (R)24-35 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING TO SUPPORT PERSONNEL SERVICES (OVERTIME), EMPLOYEE RELATED EXPENSES, AND MATERIALS AND SUPPLIES (BLOOD ALCOHOL KITS, GLOVES) TO ENHANCE DUI/IMPAIRED DRIVING ENFORCEMENT THROUGHOUT THE TOWN OF ORO VALLEY; AND DIRECTING THE TOWN MANAGER, CHIEF OF POLICE, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, Highway Safety Funds are used to support State and community programs to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act sets forth the minimum requirements with which each state’s highway safety program must comply, and provides a minimum level of funding for local programs each fiscal year; and WHEREAS, the Town applied for and was granted a G.O.H.S. grant from Section 402 funds to support personnel services (overtime), employee related expenses, and materials and supplies (blood alcohol kits, gloves) to enhance DUI/impaired driving enforcement throughout the Town of Oro Valley; and WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, for the purposes of furthering public safety within the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. The Town Manager and Chief of Police are authorized to enter into and execute the Highway Safety Grant Agreement between the Governor’s Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 2. The Town Manager, Chief of Police, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Grant Agreement attached hereto as Exhibit “A”, are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. All Oro Valley Resolutions, or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 16th day of October, 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” 1 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY GRANT AGREEMENT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Grant between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A37525300004020AZ0 Assistance Listings: 20.600 1. APPLICANT AGENCY GOHS GRANT NUMBER: Oro Valley Police Department 2025-AL-023 ADDRESS PROGRAM AREA: 11000 N. La Canada Drive Oro Valley, Arizona 85737 402-AL 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley Marshall Morris ADDRESS 3. PROJECT TITLE: 11000 N. La Canada Drive Oro Valley, Arizona 85737 DUI/Impaired Driving Enforcement, and Related Materials and Supplies (Blood Alcohol Kits, Gloves) 4. GUIDELINES: 402–Alcohol (AL) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Blood Alcohol Kits, Gloves to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. 6. BUDGET COST CATEGORY Project Period FFY 2025 I. Personnel Services $40,000.00 II. Employee Related Expenses (40%) $16,000.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $4,158.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $60,158.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2025 CURRENT GRANT PERIOD FROM: 10-01-2024 TO: 09-30-2025 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $60,158.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Grant agreement must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 106 Total Population in city/town or county: 47,070 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: The Oro Valley Police Department has conducted a 2 year review of data related to traffic enforcement efforts. Total traffic contacts have fortunately increased from 14,223 to 14,811. There was unfortunately a still significant amount of turnover in patrol officers due to retirements and other reasons. A total of 16 new hires started with the Oro Valley Police Department in 2023. The time and effort expended on training all of these new officers has been significant and has led to their officers not having as much time for more proactive traffic enforcement. As Southern Arizona continues to return to normal from the effects of the global pandemic, there continues to be a significant uptick in traffic related problems to include impaired driving. Oro Valley observed an increase of Total DUI arrests from 313 in 2022, to 354 in 2023. They also observed a decrease in drug related impaired drivers from 79 in 2022, to 62 in 2023. Agency Funding: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Blood Alcohol Kits, Gloves to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. How Agency Will Solve Problem with Funding: The Oro Valley Police Department is an active participating agency of the Southern Arizona DUI Task Force and remains committed to the goals and objectives of the task force. Historically, the department participates in 12 region-wide multi-agency DUI interdiction deployments and conducts high visibility saturation patrols with partner agencies. In response to the listed increase in new officers hired this past year, The Oro Valley Police Department will be internally hosting an HGN/SFST Driving Under the Influence school along with as Advanced Roadside Impaired Driver Enforcement (ARIDE) course which will be open to neighboring agencies. These courses will better equip new and existing officers in the investigation of and prosecution of alcohol and drug related impaired drivers. The continuation of proactive enforcement to include STEP, High Visibility Enforcement Deployments and continued impaired driver saturation and task force deployments. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 3 PROGRAM MEASURES: Agency Goals: To decrease the number of impaired driving-related crashes 10% from 32 during calendar year 2023 to 29 by December 31, 2025. To decrease the number of serious injuries in impaired driving-related crashes 10% from 3 in calendar year 2023 to 2 by December 31, 2025. To decrease the number of fatalities in impaired driving-related crashes 100 % from 1 in calendar year 2023 to 0 by December 31, 2025. Grant Agreement Objectives: To participate in a minimum of 4 DUI saturation patrols per quarter during FFY 2025. To participate in a minimum of 4 DUI task force operations per quarter during FFY 2025. Additional Grant Agreement Objectives: 1. Attend a minimum of 2 school and/or community outreach functions during the grant cycle to educate the public on dangers of impaired driving. 2. Complete one HGN/SFST and one Advanced Roadside Impairment Driver Enforcement training. 3. Certify at least one additional officer as a Drug Recognition Expert. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 4 GOALS/OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Blood Alcohol Kits, Gloves to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Impaired Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this program, shall be HGN/SFST certified. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on -line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of DUI/Impaired Driving in terms of money, criminal, and human consequences. The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for DUI/Impaired Driving Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime Materials and Supplies - To purchase/procure the following Materials and Supplies for DUI/Impaired Driving Activities: Blood Alcohol Kits, Gloves PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Grant agreement. A copy of this press release shall be sent to the GOHS Director for approval Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 5 prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement Grant agreement until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Grant agreement. Substantiation of costs shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Quarterly Report The purpose of the Quarterly Report is to provide information on grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information: Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 6  Original signatures on all Quarterly Reports and RCIs  All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2024) January 30, 2025 2nd Quarterly Report and RCI (January 1 to March 31, 2025) April 20, 2025 3rd Quarterly Report and RCI (April 1 to June 30, 2025) July 20, 2025 4th Quarterly Report and RCI (July 1 to September 30, 2025) October 15, 2025 Final Statement of Accomplishments October 15, 2025 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th ). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Grant agreement. PROFESSIONAL AND TECHNICAL PERSONNEL: Kara M. Riley, Chief, Oro Valley Police Department, shall serve as Project Director. Marshall Morris, Sergeant, Oro Valley Police Department, shall serve as Project Administrator. Andrea Martinez, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 7 submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. PROGRAM MONITORING: Highway safety grant program monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the grant agreement and serves as a continuous management tool. Program monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to granted agencies. Additionally, program monitoring outlines a set of procedures for grant review and documentation. Program monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the grantee through phone calls, e-mails, correspondence, and meetings  On-Site/In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $100,000 Desk Review/Phone Conference $100,000 and over May have an In-House GOHS Review $300,000+ May have an On-Site/In-House Review Capital Outlay Greater than $100,000 (combined) May have an On-Site/In-House Review Desk Review and Phone Conference Internal review of all written documentation related to grant agreement including, but not limited to the Grant Agreement, Quarterly Reports, enforcement data, financial data, e -mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 8 In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site/In-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Granted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site/In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the granted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the grant agreement specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated grant agreement representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Grant Agreement and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Grant Agreement. DURATION: Grants shall be effective on the date the Governor’s Office of Highway Safety Director signs the Grant Agreement and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Grant Agreement to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Grant Agreement. Any unexpended funds remaining at the termination of the Grant Agreement shall be released back to the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 10 ESTIMATED COSTS: I. Personnel Services (overtime) $40,000.00 II. Employee Related Expenses (ERE 40%) $16,000.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies Blood Alcohol Kits, Gloves $4,158.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$60,158.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department shall absorb any and all expenditures in excess of $60,158.00. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION GRANT AGREEMENT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Citations Average BAC Distracted Driving Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations Other Arrests Participating Officer/Deputies (Cumulative) Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 12 CERTIFICATIONS AND AGREEMENTS This GRANT AGREEMENT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Grant Agreement, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§40 1-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Grant Agreement. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Grant Agreement or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Grant Agreement. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Grant Agreement. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Grant Agreement to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Grant Agreement. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Grant Agreement whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursemen t is being Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 13 requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Grant Agreement ceases to be used in the manner as set forth by this Grant Agreement. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Grant Agreement. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Grant Agreement. D. AGENCY will incorporate any equipment purchased under this Grant Agreement into its inventory records. E. AGENCY will insure any equipment purchased under this Grant Agreement for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Grant Agreement. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 14 indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. VII. Non-Assignment and Sub-Contracts This Grant Agreement is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Grant Agreement. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Grant Agreement, unless otherwise provided for elsewhere in this Grant Agreement, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Grant Agreement. B. The provisions of subparagraph A apply whether or not the project granted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 15 to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Grant Agreement as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Grant Agreement. XI. Non-Discrimination During the performance of this contract/grant agreement, the contractor/grant recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/grant recipient fails to comply with any nondiscrimination provisions in this contract/grant agreement, the State highway safety agency will have the right to impose such contract/grant agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/grant recipient under the contract/grant Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 16 agreement until the contractor/grant recipient complies; and/or cancelling, terminating, or suspending a contract or grant agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2023-01 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2023-01, Non-Discrimination in Employment by Government Contractors and Subcontractors. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts fi nanced in whole or in part with Federal funds under this Grant Agreement. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Grant Agreement. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Grant Agreement. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or nationa l origin in the award and performance of USDOT-assigned Grant Agreements. XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this agreement where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Agreement. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Grant Agreement be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 17 event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Grant Agreement will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or Grant Agreement that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Grant Agreement once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Grant Agreement and proceed to close said operations under the Grant Agreement. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Grant Agreement upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 18 AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Grant Agreement and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract/Grant Agreement is subject to cancellation pursuant to ARS §38-511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract/Grant Agreement may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract/Grant Agreement on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract/Grant Agreement or any extension of the Contract/Grant Agreement is in effect, an employee of any other party to the Contract/Grant Agreement in any capacity or a consultant to any other party of the Contract/Grant Agreement with respect to the subject matter or the Contract/Grant Agreement. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract/Grant Agreement unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Grant Agreement is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Grant Agreement. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Grant Agreement are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been ap proved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Grant Agreement. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under Grant Agreement with other Federal fund sources which duplicate or overlap any work contemplated or described in this Grant Agreement. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Grant Agreement will be revised to exclude Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 19 any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Finance Dept., within thirty (30) days of the effective date of this Grant Agreement. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Certification on Conflict of Interest General Requirements No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity To negotiate, make, accept Or approve, Or To take part In negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly Or indirectly, any financial Or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member Of his Or her immediate family, his Or her partner, Or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in Or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions To be applied For violations Of such standards by officers, employees, Or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, Or anything Of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 20 No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform under a grant Or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate And full disclosure In writing To NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual Or other interest(s) With an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, And which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, And the officers, employees Or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or Action can have an economic Or other impact on the interests of a regulated Or affected organization Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 21 addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 22 Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of recor d, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 23 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it no r its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 24 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Kara M. Riley, Chief Jeff Wilkins, Town Manager Oro Valley Police Department Town of Oro Valley Date Telephone Date Telephone Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 25 REIMBURSEMENT INSTRUCTIONS 1.Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number:Fax Number: E-mail Address: 2.Agency's Fiscal Contact: Name: Title: Telephone Number:Fax Number: E-mail Address: Federal Identification Number: 3.REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4.Unique Entity Identifier: (Unique Entity Identifier #) (Registered Address & Zip Code) Kara M. Riley Chief of Police 520-229-4900 520-229-4979 kriley@orovalleyaz.gov Catherine Hendrix Administrative Services Manager 520-229-4906 520-229-4979 chendrix@orovalleyaz.gov 86-0293039 Town of Oro Valley Oro Valley Police Department 11000 N. La Canada Dr. Oro Valley, AZ 85737 098039373 11000 N. La Canada Dr., 85737 Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-AL-023 26 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402- AL, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $60,158.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency J.M. "Jesse" Torrez, Director Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative    Town Council Regular Session C. Meeting Date:10/16/2024   Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)24-36, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding to support personnel services (overtime), employee related expenses, and materials and supplies (radars, heat shields) to enhance the Special Traffic Enforcement Program (STEP); and directing the town manager, town clerk, town legal services director, or their duly authorized officers and agents to take all steps necessary to carry out the purposes and intent of this resolution RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: A grant application was submitted to GOHS for funding personnel services, employee related expenses, materials and supplies for STEP Enforcement. As a result, the Town of Oro Valley Police Department was awarded $32,841. BACKGROUND OR DETAILED INFORMATION: On March 6, 2024, the Town of Oro Valley Police Department applied for grant funding for overtime, materials and supplies. On September 23, 2024, the Town received a letter awarding $32,841. This contract funding can be utilized after October 1, 2024, which is the beginning of the 2025 federal fiscal year. The police department will use these funds to enhance speed enforcement. FISCAL IMPACT: The approved FY 2024/25 budget includes capacity, in the appropriate categories, for this awarded funding. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)24-36, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding to support personnel services (overtime), employee related expenses, and materials and supplies (radars, heat shield) to enhance the Special Traffic Enforcement Program (STEP); and directing the town manager, town clerk, town legal services director, or their duly authorized officers and agents to take all steps necessary to carry out the purposes and intent of this resolution. Attachments (R)24-36 Resolution GOHS STEP OT & Supplies  GOHS STEP OT & Supplies Contract  RESOLUTION NO. (R)24-36 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING TO SUPPORT PERSONNEL SERVICES (OVERTIME), EMPLOYEE RELATED EXPENSES, AND MATERIALS AND SUPPLIES (RADARS, HEAT SHIELDS) TO ENHANCE THE SPECIAL TRAFFIC ENFORCEMENT PROGRAM (STEP) THROUGHOUT THE TOWN OF ORO VALLEY; AND DIRECTING THE TOWN MANAGER, CHIEF OF POLICE, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, Highway Safety Funds are used to support State and community programs to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act sets forth the minimum requirements with which each state’s highway safety program must comply, and provides a minimum level of funding for local programs each fiscal year; and WHEREAS, the Town applied for and was granted a G.O.H.S. grant from Section 402 funds to support personnel services (overtime), employee related expenses, and materials and supplies (radars, heat shields) to enhance the Special Traffic Enforcement Program (STEP) throughout the Town of Oro Valley; and WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, for the purposes of furthering public safety within the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. The Town Manager and Chief of Police are authorized to enter into and execute the Highway Safety Grant Agreement between the Governor’s Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 2. The Town Manager, Chief of Police, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Grant Agreement attached hereto as Exhibit “A”, are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. All Oro Valley Resolutions, or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 16th day of October, 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” 1 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY GRANT AGREEMENT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Grant between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A37525300004020AZ0 Assistance Listings: 20.600 1. APPLICANT AGENCY GOHS GRANT NUMBER: Oro Valley Police Department 2025-PTS-040 ADDRESS PROGRAM AREA: 11000 N. La Canada Drive Oro Valley, Arizona 85737 402-PTS 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley Marshall Morris ADDRESS 3. PROJECT TITLE: 11000 N. La Canada Drive Oro Valley, Arizona 85737 STEP Enforcement, and Related Materials and Supplies (RADARs, Heat Shield) 4. GUIDELINES: 402–Police Traffic Services (PTS) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: RADARs, Heat Shield to enhance STEP Enforcement throughout the Town of Oro Valley. 6. BUDGET COST CATEGORY Project Period FFY 2025 I. Personnel Services $21,429.00 II. Employee Related Expenses (40%) $8,571.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $2,841.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $32,841.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2025 CURRENT GRANT PERIOD FROM: 10-01-2024 TO: 09-30-2025 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $32,841.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Grant agreement must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 106 Total Population in city/town or county: 47,070 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: The Oro Valley Police Department has recognized an increase in speeding on the highways throughout the town. This information is gleaned through the observations of officers along with constituent complaints of dangerous driving behavior. Speed related violations continue to be a driver of most traffic related complaints in the town. In response, the Oro Valley Traffic Unit has responded with numerous High Visibility Enforcement and STEP deployments along Tangerine Road and Oracle Road where a majority of traffic contacts are for speed related violations. In addition to a highly visible approach, Oro Valley continues to take a data driven approach to speed enforcement. Unmanned visible speed detection devices are often deployed to areas of concern. Passive speed detection devices are also deployed. The data from such are analyzed for allocation of enforcement efforts. The collision data from 2020 through 2023 indicate an uptick in the number of fatal collisions throughout the town. Agency Funding: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: RADARs, Heat Shield to enhance STEP Enforcement throughout the Town of Oro Valley. How Agency Will Solve Problem with Funding: The Oro Valley Police Department is a progressive police agency with a deep history of commitment to high visibility traffic safety. Known for its low crime rate and high q uality of life, Oro Valley owes much of its peaceful reputation to the police department's overt and highly visible traffic enforcement philosophy. This request will assist OVPD with its ongoing mission to improve the quality of life by reducing crashes, injuries and property loss as a result of speeding and unsafe driving behaviors. The continuation of proactive enforcement to include STEP, High Visibility Enforcement Deployments and continued impaired driver saturation and task force deployments. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 3 PROGRAM MEASURES: Agency Goals: To decrease the number of speeding-related crashes 10% from 165 during calendar year 2023 to 149 by December 31, 2025. To decrease the number of serious injuries in speeding-related crashes 10% from 43 in calendar year 2023 to 39 by December 31, 2025. To decrease the number of fatalities in speeding-related crashes 100% from 1 in calendar year 2023 to 0 by December 31, 2025. Grant Agreement Objectives: To increase the number of speeding and aggressive driving citations 10% from 684 during Calendar Year 2023 to 752 during FFY 2025. Conduct targeted speed enforcement efforts a minimum of 4 times per month during FFY 2025. Additional Grant Agreement Objectives: 1. Certify 4 new personnel in the use of Radar and Lidar technology. 2. Overall increase of speed related traffic contacts of 10%. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 4 GOALS/OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: RADARs, Heat Shield to enhance STEP Enforcement throughout the Town of Oro Valley. Expenditures of funding pertaining to the PTS/Selective Traffic Enforcement Program including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the PTS/Selective Traffic Enforcement Program goals provided by the Arizona Governor’s Office of Highway Safety. The PTS/Selective Traffic Enforcement Program goal is to reduce the incidences of traffic fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky driving behavior through enforcement, education, and public awareness throughout the State of Arizona. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of Speeding in terms of money, criminal, and human consequences. The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Vale ntine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for STEP/Speed Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime Materials and Supplies - To purchase/procure the following Materials and Supplies for STEP/Speed Activities: RADARs, Heat Shield PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Grant agreement. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 5 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement Grant agreement until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. SPECIFIC REQUIREMENTS: SPEED DETECTION EQUIPMENT – Requirements for Speed Detection Devices: The Oro Valley Police Department will be responsible for providing all personnel the appropriate training for using the speed detection devices purchased under this Grant agreement implementing a National Highway Traffic Safety Administration (NHTSA) approved training course. The Oro Valley Police Department will maintain written documentation (copy of the training certificates) which will be available for review by GOHS. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Grant agreement. Substantiation of costs shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 6 Quarterly Report The purpose of the Quarterly Report is to provide information on grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs  All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2024) January 30, 2025 2nd Quarterly Report and RCI (January 1 to March 31, 2025) April 20, 2025 3rd Quarterly Report and RCI (April 1 to June 30, 2025) July 20, 2025 4th Quarterly Report and RCI (July 1 to September 30, 2025) October 15, 2025 Final Statement of Accomplishments October 15, 2025 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th ). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Grant agreement. PROFESSIONAL AND TECHNICAL PERSONNEL: Kara M. Riley, Chief, Oro Valley Police Department, shall serve as Project Director. Marshall Morris, Sergeant, Oro Valley Police Department, shall serve as Project Administrator. Andrea Martinez, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 7 required report. Agencies may submit additional RCI forms for expenditures when funds have been expende d for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. PROGRAM MONITORING: Highway safety grant program monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the grant agreement and serves as a continuo us management tool. Program monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to granted agencies. Additionally, program monitoring outlines a set of procedures for grant review and documentation. Program monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the grantee through phone calls, e-mails, correspondence, and meetings  On-Site/In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $100,000 Desk Review/Phone Conference $100,000 and over May have an In-House GOHS Review $300,000+ May have an On-Site/In-House Review Capital Outlay Greater than $100,000 (combined) May have an On-Site/In-House Review Desk Review and Phone Conference Internal review of all written documentation related to grant agreement including, but not limited to the Grant Agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 8 phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site/In-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Granted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site/In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the granted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the grant agreement specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated grant agreement representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential f unding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Grant Agreement and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Grant Agreement. DURATION: Grants shall be effective on the date the Governor’s Office of Highway Safety Director signs the Grant Agreement and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Grant Agreement to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Grant Agreement. Any unexpended funds remaining at the termination of the Grant Agreement shall be released back to the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 10 ESTIMATED COSTS: I. Personnel Services (overtime) $21,429.00 II. Employee Related Expenses (ERE 40%) $8,571.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies RADARs, Heat Shield $2,841.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$32,841.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department shall absorb any and all expenditures in excess of $32,841.00. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION GRANT AGREEMENT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Citations Average BAC Distracted Driving Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations Other Arrests Participating Officer/Deputies (Cumulative) Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 12 CERTIFICATIONS AND AGREEMENTS This GRANT AGREEMENT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Grant Agreement, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the fo llowing terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Grant Agreement. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Grant Agreement or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Grant Agreement. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Grant Agreement. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Grant Agreement to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Grant Agreement. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Grant Agreement whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 13 requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Grant Agreement ceases to be used in the manner as set forth by this Grant Agreement. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Grant Agreement. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Grant Agreement. D. AGENCY will incorporate any equipment purchased under this Grant Agreement into its inventory records. E. AGENCY will insure any equipment purchased under this Grant Agreement for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Grant Agreement. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 14 indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. VII. Non-Assignment and Sub-Contracts This Grant Agreement is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Grant Agreement. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Grant Agreeme nt, unless otherwise provided for elsewhere in this Grant Agreement, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Grant Agreement. B. The provisions of subparagraph A apply whether or not the project granted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 15 to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Grant Agreement as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Grant Agreement. XI. Non-Discrimination During the performance of this contract/grant agreement, the contractor/grant recipient agrees — A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non - discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/grant recipient fails to comply with any nondiscrimination provisions in this contract/grant agreement, the State highway safety agency will have the right to impose such contract/grant agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/grant recipient under the contract/grant Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 16 agreement until the contractor/grant recipient complies; and/or cancelling, terminating, or suspending a contract or grant agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2023-01 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2023-01, Non-Discrimination in Employment by Government Contractors and Subcontractors. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Grant Agreement. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Grant Agreement. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Grant Agreement. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned Grant Agreements. XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this agreement where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Agreement. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Grant Agreement be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 17 event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Grant Agreement will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or Grant Agreement that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Grant Agreement once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Grant Agreement and proceed to close said operations under the Grant Agreement. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Grant Agreement upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 18 AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Grant Agreement and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract/Grant Agreement i s subject to cancellation pursuant to ARS §38-511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract/Grant Agreement may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract/Grant Agreement on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract/Grant Agreement or any extension of the Contract/Grant Agreement is in effect, an employee of any other party to the Contract/Grant Agreement in any capacity or a consultant to any other party of the Contract/Grant Agreement with respect to the subject matter or the Contract/Grant Agreement. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract/Grant Agreement unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Grant Agreement is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Grant Agreement. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Grant Agreement are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Grant Agreement. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under Grant Agreement with other Federal fund sources which duplicate or overlap any work contemplated or described in this Grant Agreement. It is further certified that any pending or proposed request for o ther Federal grant funds which would duplicate or overlap work described in the Grant Agreement will be revised to exclude Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 19 any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Finance Dept., within thirty (30) days of the effective date of this Grant Agreement. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Certification on Conflict of Interest General Requirements No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity To negotiate, make, accept Or approve, Or To take part In negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly Or indirectly, any financial Or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member Of his Or her immediate family, his Or her partner, Or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in Or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions To be applied For violations Of such standards by officers, employees, Or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, Or anything Of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 20 No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform under a grant Or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate And full disclosure In writing To NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual Or other interest(s) With an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, And which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, And the officers, employees Or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or Action can have an economic Or other impact on the interests of a regulated Or affected organization Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 21 addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 22 Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 23 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring t hat its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 24 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific p ending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Signature of Authorized Official of Governmental Unit: Kara M. Riley, Chief Jeff Wilkins, Town Manager Oro Valley Police Department Town of Oro Valley Date Telephone Date Telephone Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 25 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2. Agency's Fiscal Contact: Name: Title: Telephone Number: Fax Number: E-mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4. Unique Entity Identifier: (Unique Entity Identifier #) (Registered Address & Zip Code) Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2025-PTS-040 26 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402 - PTS, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $32,841.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency J.M. "Jesse" Torrez, Director Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative    Town Council Regular Session 1. Meeting Date:10/16/2024   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RUBIO'S BAJA GRILL #101, LOCATED AT 10509 N ORACLE ROAD #105 RECOMMENDATION: Staff recommends approval of this liquor license to the Arizona Department of Liquor Licenses and Control for the following reasons: 1. No protests to this license have been received.  2. The necessary background investigation was conducted by the Police Department.  3 The Police Department has no objection to the approval of the Series 12 Liquor License. EXECUTIVE SUMMARY: An application for a new Series 12 (Restaurant) Liquor License has been submitted by Theresa June Morse for Rubio's Baja Grill #101, located at 10509 N. Oracle Road, #105. Theresa June Morse has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of Liquor Licenses and Control, and has paid all related fees associated with applying for the liquor license ($500 Application Processing Fee). The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, is responsible for reviewing and processing state liquor applications. After meeting the DLLC's application and review requirements, the liquor license application is sent to the jurisdiction in which it is located for a public hearing and a recommendation from the local governing body. BACKGROUND OR DETAILED INFORMATION: This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the premises of the applicant's property, ending October 9, 2024. No protests were received during this time period. Police Chief Kara Riley completed a standard background check on Rubio's Baja Grill #101 and Owner/Agent Theresa June Morse. Chief Riley has no objection to the approval of the Series 12 (Restaurant) License. FISCAL IMPACT: Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to cover the costs incurred by the Town to process the application.  Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in spirituous liquor within the Town shall pay an annual license fee of $80 to the Town.  SUGGESTED MOTION: I MOVE to RECOMMEND APPROVAL of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Theresa June Morse for Rubio's Baja Grill #101 located at 10509 N. Oracle Road, #105. or I MOVE to RECOMMEND DENIAL of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Theresa June Morse for Rubio's Baja Grill #101 located at 10509 N. Oracle Road, #105. or I MOVE that NO RECOMMENDATION be made regarding the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Theresa June Morse for Rubio's Baja Grill #101 located at 10509 N. Oracle Road, #105. Attachments Series 12 Description  PD Approval  Application  License Type: Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license.    Town Council Regular Session 1. Meeting Date:10/16/2024   Requested by: Bayer Vella, Community and Economic Development  Submitted By:Michael Spaeth, Community and Economic Development Case Number:2401555 SUBJECT: DISCUSSION REGARDING ZONING CODE AMENDMENTS TO CHAPTER 22 AND OTHER RELATED SECTIONS TO 1) REFLECT RECENT STATE LAW CHANGES REGARDING MUNICIPAL REVIEW TIMEFRAMES OF REZONING APPLICATIONS (ARS 9-462.10) AND LEGAL PROTEST AREAS (ARS 9-462.04), AND 2) ESTABLISHING AN EXPIRATION PERIOD FOR ALL DEVELOPMENT REVIEW APPLICATIONS RECOMMENDATION: This item is for informational purposes only. The proposed code amendment will be presented to Town Council at a formal public hearing in December.  EXECUTIVE SUMMARY: The purpose of this request is to consider Zoning Code amendments related to recent State law changes (Attachment 1) regarding rezoning applications. To ensure conformance with the new legislation, the Town must revise the Zoning Code to reflect the new requirements.  The proposed code amendment will include the following three key components:  Establishing processing time frames for "administratively complete" residential and non-residential rezoning applications (required by new State Law). 1. Clarifying which areas qualify for Legal Protest calculations (required by new State Law).2. Establishing an expiration period for all development applications. 3. A brief summary of each key area is provided below. Additional detail is provided in the Background or Detailed Information section of this report.  1. Establishing processing time frames for rezoning applications Senate Bill 1102, adopted in May, requires the Town to adopt new code standards requiring either "approval or denial" of a residential rezoning application within 180 days of receiving an "administratively complete" application. While the state law does not define "administratively complete", for the Town an application meets this standard when the project is code compliant and the applicant has satisfied the Town's neighborhood meeting requirements. If the application is not approved or denied during the 180-day window, it may open the town to a potential legal challenge for missing the state-mandated window.  2. Legal Protest The second component of the proposed amendment involves legal protests. When a rezoning application is proposed, adjacent property owners can file a "legal protest" to require a three-fourths majority for Town Council approval. When 20% or more (in both lots and area) of neighbors file a legal protest, Town Council approval requires a three-fourths majority, rather than a simple majority (i.e. 5 yes votes, rather than 4). The new legislation makes clear "Government Owned property" is to be excluded from the 20% property area calculation. This makes it easier to trigger the three-fourth's majority requirement in most cases.   3. Expiration of development review applications The third component involves establishing an expiration period for "inactive" applications. The draft code amendment will include proposed language that would establish an expiration period for inactive development review applications. This new requirement would apply to all development review applications (e.g. rezonings, general plan amendments, conditional use permits, development plans, variances, etc.) that have been inactive without substantive progress (e.g. no resubmittals, no public meetings, etc.) for more than 12 months. If an application were to expire due to inactivity, the applicant would be required to submit a new application and fees. An applicant would be able to request a one-time extension with reasonable cause prior to expiration. The first two components of the draft amendment are required by State Law, while the third is intended to address resident concerns staff have received regarding prolonged or inactive applications. The formal code amendment will be presented at a public hearing before Town Council in December. BACKGROUND OR DETAILED INFORMATION: The proposed code amendment includes the following three key components: 1. Rezoning applications processing time frames Senate Bill 1102, adopted in May, requires the Town to either approve or deny a residential rezoning application within 180 days of receiving an administratively complete application (excerpt shown below).    "ON OR BEFORE JANUARY 1, 2025, A MUNICIPALITY SHALL ADOPT AN AMENDMENT TO THE MUNICIPALITY'S ZONING ORDINANCE THAT REQUIRES...AFTER DETERMINING THAT THE APPLICATION IS ADMINISTRATIVELY COMPLETE, THE MUNICIPALITY SHALL APPROVE OR DENY THE APPLICATION WITHIN ONE HUNDRED AND EIGHTY DAYS." For the Town, "administratively complete" means a project that is code compliant and the applicant has satisfied the town's neighborhood meeting requirements. Following an administrative completeness determination, the application will proceed to public hearings before the Planning and Zoning Commission and Town Council within the 180-day window. If the application is not approved or denied during the window, the town may potentially be subject to a legal challenge.  Once an application has been determined to be administratively complete, the above timeframe applies with the two following exceptions for when extensions can be granted:    "...THE MUNICIPALITY MAY EXTEND THE TIME FRAME TO APPROVE OR DENY THE REQUEST BEYOND THE ONE HUNDRED AND EIGHTY DAYS FOR EITHER OF THE FOLLOWING:   1. FOR EXTENUATING CIRCUMSTANCES, THE MUNICIPALITY MAY GRANT A ONETIME EXTENSION OF NOT MORE THAN THIRTY DAYS. 2. IF AN APPLICANT REQUESTS AN EXTENSION, THE MUNICIPALITY MAY GRANT EXTENSIONS OF THIRTY DAYS FOR EACH EXTENSION GRANTED."    The bill does not define what "extenuating circumstances" entails, but could include things like a Town Council request for more information, an illness, additional time to work with neighbors or other similar circumstances. In instances where the applicant requests an extension, staff recommends a cap of 6 extensions (i.e. up to 6 months) that may be granted by the town with the aim of ensuring the application continues on a timely path toward completion for all interested parties. Extensions may be granted by the Planning and Zoning Administrator (PZA), subject to certain criteria. The following criteria are being considered:  New information requested beyond standard submittal requirements1. Additional time required for meetings with adjacent neighbors2. A delay related to an outside agency review (e.g. Arizona Department of Transportation)3. Other similar circumstances as determined by the PZA4. Finally, the new legislation sets a time limit for making a completeness determination on initial applications and subsequent submittals (excerpt shown below)    "...A MUNICIPALITY SHALL ADOPT AN AMENDMENT TO THE MUNICIPALITY'S ZONING ORDINANCE THAT REQUIRES THE MUNICIPALITY TO DETERMINE WHETHER A ZONING APPLICATION IS ADMINISTRATIVELY COMPLETE WITHIN 30 DAYS AFTER RECEIVING THE APPLICATION. IF THE MUNICIPALITY DETERMINES THAT THE APPLICATION IS NOT ADMINISTRATIVELY COMPLETE, THE MUNICIPALITY SHALL [PROVIDE A LIST OF REQUIRED CORRECTIONS TO THE APPLICANT]  AND MAKE A COMPLETENESS DETERMINATION WITHIN 15 DAYS OF RECEIVING A RESUBMITTED APPLICATION."    This requirement closely reflects the towns current process for all development applications. State law requires this procedure to be codified. 2. Legal Protest When a rezoning application is proposed, adjacent property owners can file a legal protest to require a three-fourths majority for Town Council approval (see excerpt of existing code below with new language shown in caps).  "If the owners of twenty percent or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property, EXCLUDING GOVERNMENT OWNED PROPERTY, file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths of all members of the governing body of the municipality" Prior to this change, ALL property counted toward the 20% calculation. The new State Legislation makes clear "Government Owned property" is to be excluded. This makes it easier to trigger the three-fourths requirement in most cases.   3. Expiration of development review applications The draft code amendment will include new language that would establish an expiration period for "inactive" development review applications. This new requirement would apply to all development review applications (e.g. rezoning's, general plan amendments, conditional use permits, development plans, variances, etc.) that have been inactive for more than 12 months. For this purpose, inactivity would be considered no substantive progress for more than 12 months from the last date comments were provided to the applicant by staff. If an application were to expire due to inactivity, the applicant would be required to submit a new application and fees. The first two components of the draft amendment are required by State Law and must be adopted. The third is not required by the newly enacted legislation, but is to address concerns staff has received regarding inactive applications.  The formal code amendment will be presented at a public hearing before Town Council in December. FISCAL IMPACT: N/A SUGGESTED MOTION: This item is for informational purposes only. The formal code amendment will be presented at a public hearing before Town Council in December. Attachments ATTACHMENT 1 - ADOPTED SB 1162  Staff Presentation  - i - House Engrossed Senate Bill telecommunications fund; report; posting (now: residential zoning; housing; assessment; hearings) State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SENATE BILL 1162 AN ACT AMENDING SECTION 9-462.04, ARIZONA REVISED STATUTES; AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.10; AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.4, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-469; RELATING TO MUNICIPALITIES. (TEXT OF BILL BEGINS ON NEXT PAGE) S.B. 1162 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Section 9-462.04, Arizona Revised Statutes, is amended 2 to read: 3 9-462.04. Public hearing required; definition 4 A. If the municipality has a planning commission or a hearing 5 officer, the planning commission or hearing officer shall hold a public 6 hearing on any zoning ordinance. Notice of the time and place of the 7 hearing including a general explanation of the matter to be considered and 8 including a general description of the area affected shall be given at 9 least fifteen days before the hearing in the following manner: 10 1. The notice shall be published at least once in a newspaper of 11 general circulation published or circulated in the municipality, or if 12 there is none, it shall be posted on the affected property in such a 13 manner as to be legible from the public right-of-way and in at least ten 14 public places in the municipality. A posted notice shall be printed so 15 that the following are visible from a distance of one hundred feet: the 16 word "zoning", the present zoning district classification, the proposed 17 zoning district classification and the date and time of the hearing. 18 2. In proceedings involving rezoning of land that abuts other 19 municipalities or unincorporated areas of the county or a combination of a 20 municipality and an unincorporated area, copies of the notice of public 21 hearing shall be transmitted to the planning agency of the governmental 22 unit abutting such land. In proceedings involving rezoning of land that 23 is located within the territory in the vicinity of a military airport or 24 ancillary military facility as defined in section 28-8461, the 25 municipality shall send copies of the notice of public hearing by first 26 class mail to the military airport. In addition to notice by publication, 27 a municipality may give notice of the hearing in any other manner that the 28 municipality deems necessary or desirable. 29 3. In proceedings that are not initiated by the property owner 30 involving rezoning of land that may change the zoning classification, 31 notice by first class mail shall be sent to each real property owner, as 32 shown on the last assessment of the property, of the area to be rezoned 33 and all property owners, as shown on the last assessment of the property, 34 within three hundred feet of the property to be rezoned. 35 4. In proceedings involving one or more of the following proposed 36 changes or related series of changes in the standards governing land uses, 37 notice shall be provided in the manner prescribed by paragraph 5 of this 38 subsection: 39 (a) A ten percent or more increase or decrease in the number of 40 square feet or units that may be developed. 41 (b) A ten percent or more increase or reduction in the allowable 42 height of buildings. 43 S.B. 1162 - 2 - (c) An increase or reduction in the allowable number of stories of 1 buildings. 2 (d) A ten percent or more increase or decrease in setback or open 3 space requirements. 4 (e) An increase or reduction in permitted uses. 5 5. In proceedings governed by paragraph 4 of this subsection, the 6 municipality shall provide notice to real property owners pursuant to at 7 least one of the following notification procedures: 8 (a) Notice shall be sent by first class mail to each real property 9 owner, as shown on the last assessment, whose real property is directly 10 governed by the changes. 11 (b) If the municipality issues utility bills or other mass mailings 12 that periodically include notices or other informational or advertising 13 materials, the municipality shall include notice of the changes with such 14 utility bills or other mailings. 15 (c) The municipality shall publish the changes before the first 16 hearing on such changes in a newspaper of general circulation in the 17 municipality. The changes shall be published in a "display ad" covering 18 not less than one-eighth of a full page. 19 6. If notice is provided pursuant to paragraph 5, subdivision (b) 20 or (c) of this subsection, the municipality shall also send notice by 21 first class mail to persons who register their names and addresses with 22 the municipality as being interested in receiving such notice. The 23 municipality may charge a fee not to exceed $5 per year for providing this 24 service and may adopt procedures to implement this paragraph. 25 7. Notwithstanding the notice requirements in paragraph 4 of this 26 subsection, the failure of any person or entity to receive notice does not 27 constitute grounds for any court to invalidate the actions of a 28 municipality for which the notice was given. 29 B. If the matter to be considered applies to territory in a high 30 noise or accident potential zone as defined in section 28-8461, the notice 31 prescribed in subsection A of this section shall include a general 32 statement that the matter applies to property located in the high noise or 33 accident potential zone. 34 C. After the hearing, the planning commission or hearing officer 35 shall render a decision in the form of a written recommendation to the 36 governing body. The recommendation shall include the reasons for the 37 recommendation and be transmitted to the governing body in the form and 38 manner prescribed by the governing body. 39 D. If the planning commission or hearing officer has held a public 40 hearing, the governing body may adopt the recommendations of the planning 41 commission or hearing officer without holding a second public hearing if 42 there is no objection, request for public hearing or other protest. The 43 governing body shall hold a public hearing if requested by the party 44 aggrieved or any member of the public or of the governing body, or, in any 45 S.B. 1162 - 3 - case, if a public hearing has not been held by the planning commission or 1 hearing officer. The governing body may consider the testimony of any 2 party aggrieved when making its decision. In municipalities with 3 territory in the vicinity of a military airport or ancillary military 4 facility as defined in section 28-8461, the governing body shall hold a 5 public hearing if, after notice is transmitted to the military airport 6 pursuant to subsection A of this section and before the public hearing, 7 the military airport provides comments or analysis concerning the 8 compatibility of the proposed rezoning with the high noise or accident 9 potential generated by military airport or ancillary military facility 10 operations that may have an adverse impact on public health and safety, 11 and the governing body shall consider and analyze the comments or analysis 12 before making a final determination. Notice of the time and place of the 13 hearing shall be given in the time and manner provided for the giving of 14 notice of the hearing by the planning commission as specified in 15 subsection A of this section. A municipality may give additional notice 16 of the hearing in any other manner as the municipality deems necessary or 17 desirable. For the purposes of this subsection, "party aggrieved" means 18 any property owner within the notification area prescribed by subsection 19 A, paragraph 3 of this section. 20 E. A municipality may enact an ordinance authorizing county zoning 21 to continue in effect until municipal zoning is applied to land previously 22 zoned by the county and annexed by the municipality, but not longer than 23 six months after the annexation. 24 F. A municipality is not required to adopt a general plan before 25 the adoption of a zoning ordinance. 26 G. If there is no planning commission or hearing officer, the 27 governing body of the municipality shall perform the functions assigned to 28 the planning commission or hearing officer. 29 H. If the owners of twenty percent or more of the property by area 30 and number of lots, tracts and condominium units within the zoning area of 31 the affected property, EXCLUDING GOVERNMENT OWNED PROPERTY, file a protest 32 in writing against a proposed amendment, the change shall not become 33 effective except by the favorable vote of three-fourths of all members of 34 the governing body of the municipality. If any members of the governing 35 body are unable to vote on such a question because of a conflict of 36 interest, then the required number of votes for passage of the question 37 shall be three-fourths of the remaining membership of the governing body, 38 provided that such required number of votes shall not be less than a 39 majority of the full membership of the legally established governing body. 40 For the purposes of this subsection, the vote shall be rounded to the 41 nearest whole number. A protest filed pursuant to this subsection shall 42 be signed by the property owners, EXCLUDING GOVERNMENT OWNED PROPERTY, 43 opposing the proposed amendment and filed in the office of the clerk of 44 the municipality not later than 12:00 noon one business day before the 45 S.B. 1162 - 4 - date on which the governing body will vote on the proposed amendment or on 1 an earlier time and date established by the governing body. 2 I. In applying an open space element or a growth element of a 3 general plan, a parcel of land shall not be rezoned for open space, 4 recreation, conservation or agriculture unless the owner of the land 5 consents to the rezoning in writing. 6 J. Notwithstanding section 19-142, subsection B, a decision by the 7 governing body involving rezoning of land that is not owned by the 8 municipality and that changes the zoning classification of such land may 9 not be enacted as an emergency measure and the change shall not be 10 effective for at least thirty days after final approval of the change in 11 classification by the governing body. 12 K. For the purposes of this section, "zoning area" means both of 13 the following: 14 1. The area within one hundred fifty feet, including all 15 rights-of-way, of the affected property subject to the proposed amendment 16 or change. 17 2. The area of the proposed amendment or change. 18 Sec. 2. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, 19 is amended by adding section 9-462.10, to read: 20 9-462.10. Residential zoning; amendment; applications; 21 deadline; extensions; applicability 22 A. ON OR BEFORE JANUARY 1, 2025, A MUNICIPALITY SHALL ADOPT AN 23 AMENDMENT TO THE MUNICIPALITY'S ZONING ORDINANCE THAT REQUIRES THE 24 MUNICIPALITY TO DETERMINE WHETHER A ZONING APPLICATION IS ADMINISTRATIVELY 25 COMPLETE WITHIN THIRTY DAYS AFTER RECEIVING THE APPLICATION. IF THE 26 MUNICIPALITY DETERMINES THAT THE APPLICATION IS NOT ADMINISTRATIVELY 27 COMPLETE, THE MUNICIPALITY SHALL FOLLOW THE PROCEDURES PRESCRIBED IN 28 SECTION 9-835, SUBSECTION E UNTIL THE APPLICATION IS ADMINISTRATIVELY 29 COMPLETE. THE MUNICIPALITY SHALL DETERMINE WHETHER A RESUBMITTED 30 APPLICATION IS ADMINISTRATIVELY COMPLETE WITHIN FIFTEEN DAYS AFTER 31 RECEIVING THE RESUBMITTED APPLICATION. AFTER DETERMINING THAT THE 32 APPLICATION IS ADMINISTRATIVELY COMPLETE, THE MUNICIPALITY SHALL APPROVE 33 OR DENY THE APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS. 34 B. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, THE MUNICIPALITY 35 MAY EXTEND THE TIME FRAME TO APPROVE OR DENY THE REQUEST BEYOND ONE 36 HUNDRED EIGHTY DAYS FOR EITHER OF THE FOLLOWING REASONS: 37 1. FOR EXTENUATING CIRCUMSTANCES, THE MUNICIPALITY MAY GRANT A 38 ONETIME EXTENSION OF NOT MORE THAN THIRTY DAYS. 39 2. IF AN APPLICANT REQUESTS AN EXTENSION, THE MUNICIPALITY MAY 40 GRANT EXTENSIONS OF THIRTY DAYS FOR EACH EXTENSION GRANTED. 41 C. THIS SECTION DOES NOT APPLY TO LAND THAT IS DESIGNATED AS A 42 DISTRICT OF HISTORICAL SIGNIFICANCE PURSUANT TO SECTION 9-462.01, 43 SUBSECTION A, PARAGRAPH 10 OR AN AREA THAT IS DESIGNATED AS HISTORIC ON 44 THE NATIONAL REGISTER OF HISTORIC PLACES OR PLANNED AREA DEVELOPMENTS. 45 S.B. 1162 - 5 - Sec. 3. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, 1 is amended by adding section 9-469, to read: 2 9-469. Municipal housing needs assessment; annual report; 3 applicability 4 A. BEGINNING JANUARY 1, 2025 AND EVERY FIVE YEARS THEREAFTER, A 5 MUNICIPALITY SHALL PUBLISH A HOUSING NEEDS ASSESSMENT THAT INCLUDES THE 6 FOLLOWING: 7 1. THE TOTAL POPULATION GROWTH PROJECTED FOR THE SUBSEQUENT 8 FIVE-YEAR PERIOD. 9 2. THE TOTAL JOB GROWTH PROJECTED FOR THE SUBSEQUENT FIVE-YEAR 10 PERIOD. 11 3. THE TOTAL AMOUNT OF RESIDENTIALLY ZONED LAND WITH DETAIL ON LAND 12 ZONED AS SINGLE-FAMILY AND MULTIFAMILY. 13 4. THE TOTAL NEED FOR ADDITIONAL RESIDENTIAL HOUSING UNITS FOR RENT 14 AND FOR SALE IN THE MUNICIPALITY TO MEET: 15 (a) ANY DEFICIENCIES IN HOUSING THE EXISTING POPULATION. 16 (b) ANY DEFICIENCIES IN HOUSING THE EXISTING WORKFORCE. 17 (c) POPULATION GROWTH PROJECTIONS. 18 (d) JOB GROWTH PROJECTIONS. 19 (e) HOUSING NEEDS ACROSS ALL VARIOUS INCOME LEVELS. 20 B. BEGINNING JANUARY 1, 2025 AND EVERY YEAR THEREAFTER, EACH 21 MUNICIPALITY SHALL SUBMIT AN ANNUAL REPORT TO THE ARIZONA DEPARTMENT OF 22 HOUSING ACCOUNTING FOR THE TOTAL NUMBER OF PROPOSED RESIDENTIAL HOUSING 23 UNITS SUBMITTED TO THE MUNICIPALITY, THE TOTAL NUMBER OF NET NEW 24 RESIDENTIAL HOUSING UNITS SUBMITTED TO THE MUNICIPALITY AND THE TOTAL 25 NUMBER OF NEW RESIDENTIAL HOUSING UNITS THAT ARE ENTITLED, HAVE BEEN 26 PLATTED, HAVE BEEN ISSUED A BUILDING PERMIT AND HAVE RECEIVED A 27 CERTIFICATE OF OCCUPANCY BY THE MUNICIPALITY. THE ANNUAL REPORT SHALL 28 INCLUDE ALL OF THE FOLLOWING: 29 1. THE NUMBER OF HOUSING DEVELOPMENT APPLICATIONS RECEIVED IN THE 30 PRIOR YEAR. 31 2. THE NUMBER OF LOTS AND MULTIFAMILY UNITS INCLUDED IN ALL 32 DEVELOPMENT APPLICATIONS IN THE PRIOR YEAR. 33 3. THE NUMBER OF LOTS AND MULTIFAMILY UNITS APPROVED AND 34 DISAPPROVED OR OTHERWISE NOT APPROVED IN THE PRIOR YEAR. 35 4. A THRESHOLD PERCENTAGE REQUIREMENT OF MULTIFAMILY ZONED LAND 36 VERSUS SINGLE-FAMILY ZONED LAND NEEDED TO MEET POPULATION DEMAND IN EACH 37 MUNICIPALITY. 38 5. THE STATUS AND PROGRESS IN MEETING THE MUNICIPALITY'S HOUSING 39 NEEDS. 40 6. A PLAN THAT SPECIFIES HOW THE MUNICIPALITY INTENDS TO SATISFY 41 THE IDENTIFIED NEED FOR ADDITIONAL HOUSING UNITS WITHIN THE MUNICIPALITY. 42 C. A MUNICIPALITY THAT HAS CONDUCTED A HOUSING NEEDS ASSESSMENT 43 REPORT AS OF JANUARY 1, 2021 SHALL AMEND ALL EXISTING REPORTS TO INCLUDE 44 THE INFORMATION REQUIRED IN SUBSECTION A OF THIS SECTION. 45 S.B. 1162 - 6 - D. THE ARIZONA DEPARTMENT OF HOUSING SHALL COMPILE THE REPORTS 1 RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION AND SUBMIT THE REPORTS 2 TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE 3 OF REPRESENTATIVES. 4 E. THIS SECTION DOES NOT REQUIRE A MUNICIPALITY TO FULFILL THE 5 PROJECTIONS IN THE HOUSING NEEDS ASSESSMENT REQUIRED BY SUBSECTION A OF 6 THIS SECTION. 7 F. THIS SECTION DOES NOT APPLY TO A MUNICIPALITY THAT IS LOCATED ON 8 TRIBAL LAND OR A MUNICIPALITY WITH A POPULATION OF LESS THAN THIRTY 9 THOUSAND PERSONS. 10 Study Session: Proposed Code Amendment to reflect State Law changes regarding rezoning applications Town Council October 16, 2024 Context – AZ State Legislature Focus on Housing Housing related Bills signed by the Governor 1. HB2210 (annual reporting to Arizona Commerce Authority) 2. SB1162 (approval timeframes, housing needs assessments) 3. HB2720 (ADUs) 4. HB2297 (adaptive reuse of commercial to allow multifamily) 5. HB2721 (middle housing by right on single familylots and any new development over 10 acres) Specific Purpose: New Rezoning & Development Requirements SB 1162 Compliance & Other Development Review 1. Timeframes associated with residential rezoning applications (required by State Law) 2. Legal Protest Areas (required by State Law) 3. Expiration of inactive development review applications (not required by State Law) Discussion only Formal Public Hearing on December 4th 1. Timeframes & Rezoning Applications CHANGE REQUIRED BY STATE LAW None Existing review timeframes for ALL applications are established through town policy Town MUST “approve or deny” a rezoning application within 180-days of being Administratively Complete Administratively Complete means: 1. Code Compliant 2. The applicant has satisfied all neighborhood meeting requirements Extensions: One time for Extenuating Circumstances Town Council request for more information, illnesses, etc. Up to 6 extensions at the applicant's request Outside Agency delay, additional time to work with adjacent neighbors, etc. Existing Code Proposed Code 2. Legal Protest CHANGE REQUIRED BY STATE LAW Petition requirements for ¾ vote: Owners of 20% or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property Zoning Area means BOTH of the following: Area within 150 feet, including all rights-of-way, of the affected property subject to the proposed amendment or change The area of the proposed amendment or change Area within 150 feet, including all rights-of-way, of the affected property, EXCLUDING GOVERNMENT OWNED PROPERTY, subject to the proposed amendment or change The area of the proposed amendment or change 150-foot buffer areaSubject Property Existing Code Government Owned Property Vistoso Trails Nature PreserveProposed Code 3. Expiration of Development Review Applications None All applications will expire after 12 months of inactivity without substantive progress Substantive progress steps may include: Resubmittals of revised applications to address staff comments Actively working with neighbors Proceeding to public meetings/hearings One 6-month extension if requested by applicant prior to expiration Existing Code Proposed Code Summary State Law code amendment 1. Timeframes associated with rezoning applications 2. Legal Protest Areas 3. Expiration of inactive development review applications Discussion only Formal Public Hearing on December 4th    Town Council Regular Session 2. Meeting Date:10/16/2024   Requested by: Bayer Vella Community and Economic Development  Submitted By:Patty Hayes, Community and Economic Development Department:Community and Economic Development SUBJECT: DISCUSSION REGARDING A TOWN CODE AMENDMENT TO COMPLY WITH NEW ARIZONA REVISED STATUTES APPLICABLE TO ACCESSORY DWELLING UNITS BY 1) CHANGING ZONING DEFINITIONS AND STANDARDS RELATED TO GUEST HOUSES, 2) UPDATING THE TOWN CODE CHAPTER 8 RELATED TO SHORT-TERM RENTALS RECOMMENDATION: This is a study session only, so no action required.  EXECUTIVE SUMMARY: A law recently signed by Governor Hobbs, known as House Bill 2720 (HB 2720), requires municipalities to modify zoning definitions and standards for Accessory Dwelling Units (ADU), and states the following, "If a municipality fails to adopt applicable regulations as required by the State on or before January 1, 2025, Accessory Dwelling Units shall be allowed on all lots or parcels zoned for residential use in the municipality without limits." House Bill 2720 (HB 2720), Section A, specifically requires municipalities with a population of more than 75,000 to allow Accessory Dwelling Units. Currently, the population of Oro Valley is slightly over 48,000. Therefore, Section A of the statute does not apply to the Town. However, Section B of the statute has been determined to apply to all municipalities regardless of size, which would include the Town of Oro Valley. Section B specifically identifies the State's required definitions and standards for Accessory Dwelling Units (ADU) as shown in Attachment 1.  The Town has always allowed a guest house on single-family home property which is a type of ADU (as defined by the State). The guest house/ADU allowance will continue on the same single-family home sites, but the Town must bring the existing zoning code into alignment with the State definitions and standards as detailed in Section B of HB 2720. The Town cannot revoke the current property owner's rights to build a guest house, but our current definition and standards do not currently align with the State's mandated requirements.  The statute will necessitate the following changes: 1) Replacing the Oro Valley Zoning Code term "Guest House" and modify standards to meet the State's ADU requirements  Definitions   Merge current "Guest House" definition into State's ADU definition Title the modified definition "Accessory Dwelling Unit" Standards  Include State mandated building height standards for ADU  Include State mandated setbacks and location allowances specific to ADU  Allow kitchen facilities per State standards 2) Update the Town Code, Chapter 8, with revised ADU standards for short-term rentals in HB2720 Sec. 2.9. BACKGROUND OR DETAILED INFORMATION: Early this year, Governor Hobbs signed into law House Bill 2720 which will require the Town to modify definitions and standards for a "guest house" in Oro Valley. Applicability: Zoning has always permitted single-family home properties to contain a guest house as long as the zoning district's setback and building height standards were met for accessory buildings. HB 2720 will now require the Town to bring the definitions and standards for guest houses into alignment with what will now be known as Accessory Dwelling Units (ADU). The new State requirement provides the following definition of an ADU:   "Accessory dwelling unit  means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities". (House bill Section H.1) The Zoning Code has always contained the following definition for Guest House:  "Guest House: An attached or detached accessory building used to house guests of the occupants of the principal building. A guest house providing kitchen facilities shall be considered a dwelling unit." Additional zoning code definitions related to this subject are provided in Attachment 2, including the new ADU definition and standards. Below is a graphic comparing the State's standards for an ADU with Oro Valley's guest house standards. A more detailed analysis is included in Attachment 3.  DISCUSSION AND ANALYSIS: Impact to Oro Valley: Use: Guest houses have always been a permitted use where single-family homes are allowed or have been built. The proposed State law changes will continue the allowed use but under the State's definitions and standards of Accessory Dwelling Units (ADU). The Oro Valley (OV) guest house and the State's (ARS) Accessory Dwelling Unit definitions are compared below. The strike through  in the Guest House definition indicates standards no longer allowed by the State, such as defining the type of occupants and disallowing kitchen facilities, or providing further clarification as is highlighted in yellow in the ADU regulations.   Accessory dwelling unit: Means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities (HB section H.1) A municipality may not do any of the following: Require a familial, marital, employment or other preexisting relationship between the owner or occupant of a single-family dwelling and the occupant of an accessory dwelling unit located on the same lot or parcel (HB section B.2). 1) Zoning Code: The term "guest house" needs to be converted to the state definition of "Accessory Dwelling Unit".  Guest houses are currently allowed "on the same lot or parcel as a single-family dwelling". This means that zoning districts R1-300 thru R1-7, RS and R-6 that allow single-family homes, along with zoning districts such as R4 that may already contain single-family homes, will be allowed to build an ADU.  Planned Area Developments (PAD) contain accessory building standards but do not specifically address Accessory Dwelling Units.  When the PAD is silent, the Town's zoning code standards are applied to the situation. Therefore, single-family home properties in the PAD districts will also be required to adhere to the new State-mandated standards when adding an ADU. Homeowners' Associations: Many single-family home properties are located within areas that contain a homeowner's association. It is estimated that over 84% of the single-family home lots out of the over 20,000 affected lots are located in an HOA as shown below. There is nothing in the State law that will prevent an HOA from enforcing their own private rules. In speaking with HOA representatives, it appears some already allow guest houses and typically regulate design.  Below is a map indicating the single-family home lots (green) and the areas that are located in an HOA (crosshatched/yellow in color): Standards Guest houses have always been allowed in Oro Valley, but property owners will find the following differences in standards with the new State required changes:    Height:  The building height of an ADU will be held to the zoning district's height standard allowed for the primary house as mandated by the State. This means that if a zoning district's maximum allowed height for a house is 18', but the main house was originally built at 14' tall, the new ADU isn't limited to the 14' height but rather is allowed to go up to 18' in height. Whereas an accessory building, such as a garage or shed, is not allowed to be taller than the main house per Oro Valley standards.   The State's height standards are more generous than the Town's current guest house standards.  1. Location (setbacks):   The ADU will only need to meet the State's 5' side yard setback requirement rather than the Oro Valley zoning district's side setback requirement.  This means that if a property has a 20' side yard setback, the ADU can only be held to the 5' side yard setback requirement as mandated by the Sate.  Many zoning districts already allow accessory buildings to be 5' from the rear lot line. However, some districts such as R-43 thru R1-144 require greater rear setback distances; this new State law will reduce the rear yard setback to 5'.  Also, per State law the ADU can only be held to the front setback of the zoning district. This means that if the primary house was originally placed further back than the required front setback, the new ADU may be able to be built in front of the main house. The State's location requirements are more generous than the Town's current guest house standards. 2. Size:   The State's standards will allow the size of an ADU to be no larger than the size of the house on the site.  The current zoning code allows a guest house size to be 10% of the side and rear yard area.   The Town's current guest house standards are often more generous on large lots. For example, if the main house is currently located in the center of a one acre parcel, then 10% of the lot may be 20,000 square feet, which would allow a 2,000 square foot guest house, regardless of the size of the main house. However, the State's standards may be more generous on smaller lots.  3. Living space:  Although guest houses have always been allowed in the Town and could always contain living, sleeping and sanitation facilities, most often they were not allowed to contain a stove/oven in a kitchen area. The new State law will allow an ADU to contain a stove and/or oven.     4. Design:   The exterior design, roof or finishing materials cannot be regulated per the HB 2720. This means that the Town could not regulate the design whether the ADU was a one-time custom build or if it were to become a model plan on file for building on multiple lots. Homeowners' Associations generally regulate the design. 5. In addition to the House Bill, the League of Cities and Towns provided additional language that is recommended to be placed in the code amendment that reads:  "Movable habitable space: A mobile home, recreational vehicle or other moveable habitable space shall not be used as an accessory dwelling unit." 2) Town Code Chapter 8 of the Town Code will also require a revision related to the renting of ADU's (HB 2720 Sec.2.9). The revision will include minor adjustments, such as changing the word phone to telephone, "The name address, phone, TELEPHONE number and email...." Long-term rentals (more than 30 days) are not a subject of the required changes. However, short-term rentals (30 days or less) are addressed in HB 2720 in regard to ownership and will require the Town to incorporate the following: “A city or town may not prohibit vacation rentals or short-term rentals. A city or town may not regulate vacation rentals or short-term rentals as follows: To require the owner of a vacation rental or short-term rental to reside on the property if the property contains an accessory dwelling unit that was constructed on or after the effective date of this amendment to this section and that is being used as a vacation rental or short-term rental.  Unless the time period specified in section 12-1134, subsection g has expired, this paragraph does not apply to a property owner who has the right to build an accessory dwelling unit on the property owner's property before the effective date of this amendment to this section whether or not the accessory dwelling unit has been built.” Planning and Zoning Commission Study Session Discussion The Planning and Zoning Commission conducted a study session on October 1 with a focus on the required zoning code changes as outlined in item 1 of this report. That meeting can be viewed online through the Town's website. The Commission was not tasked with a focus on the Town Code changes (item 2) of the report, because Town Code is not under the Commission's purview.  SUMMARY:  In summary, the proposed code amendment aims to provide the following changes to meet the State's mandated requirements:  1) Definitions and Standards of the Zoning Code  Definitions   Merge current "Guest House" definition into State's ADU definition Title the modified definition "Accessory Dwelling Unit" Standards  Include State mandated building height standards for ADU  Include State mandated setbacks and location allowances specific to ADU  Allow kitchen facilities per State standards 2) Update the Town Code, Chapter 8, with revised ADU standards for short-term rentals  FISCAL IMPACT: N/A SUGGESTED MOTION: This is a study session and no action will be taken.  Attachments House Bill 2720  Definition Comparision  Guest House and ADU standards  Staff Presentation  - i - Senate Engrossed House Bill accessory dwelling units; requirements. State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 CHAPTER 196 HOUSE BILL 2720 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 6, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-461.18; AMENDING SECTION 9-500.39, ARIZONA REVISED STATUTES; RELATING TO MUNICIPAL PLANNING. (TEXT OF BILL BEGINS ON NEXT PAGE) H.B. 2720 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, 2 is amended by adding section 9-461.18, to read: 3 9-461.18. Accessory dwelling units; regulation; 4 applicability; definitions 5 A. A MUNICIPALITY WITH A POPULATION OF MORE THAN SEVENTY-FIVE 6 THOUSAND PERSONS SHALL ADOPT REGULATIONS THAT ALLOW ON ANY LOT OR PARCEL 7 WHERE A SINGLE-FAMILY DWELLING IS ALLOWED ALL OF THE FOLLOWING: 8 1. AT LEAST ONE ATTACHED AND ONE DETACHED ACCESSORY DWELLING UNIT 9 AS A PERMITTED USE. 10 2. A MINIMUM OF ONE ADDITIONAL DETACHED ACCESSORY DWELLING UNIT AS 11 A PERMITTED USE ON A LOT OR PARCEL THAT IS ONE ACRE OR MORE IN SIZE IF AT 12 LEAST ONE ACCESSORY DWELLING UNIT ON THE LOT OR PARCEL IS A 13 RESTRICTED-AFFORDABLE DWELLING UNIT. 14 3. AN ACCESSORY DWELLING UNIT THAT IS SEVENTY-FIVE PERCENT OF THE 15 GROSS FLOOR AREA OF THE SINGLE-FAMILY DWELLING ON THE SAME LOT OR PARCEL 16 OR ONE THOUSAND SQUARE FEET, WHICHEVER IS LESS. 17 B. A MUNICIPALITY MAY NOT DO ANY OF THE FOLLOWING: 18 1. PROHIBIT THE USE OR ADVERTISEMENT OF EITHER THE SINGLE-FAMILY 19 DWELLING OR ANY ACCESSORY DWELLING UNIT LOCATED ON THE SAME LOT OR PARCEL 20 AS SEPARATELY LEASED LONG-TERM RENTAL HOUSING. 21 2. REQUIRE A FAMILIAL, MARITAL, EMPLOYMENT OR OTHER PREEXISTING 22 RELATIONSHIP BETWEEN THE OWNER OR OCCUPANT OF A SINGLE-FAMILY DWELLING AND 23 THE OCCUPANT OF AN ACCESSORY DWELLING UNIT LOCATED ON THE SAME LOT OR 24 PARCEL. 25 3. REQUIRE THAT A LOT OR PARCEL HAVE ADDITIONAL PARKING TO 26 ACCOMMODATE AN ACCESSORY DWELLING UNIT OR REQUIRE PAYMENT OF FEES INSTEAD 27 OF ADDITIONAL PARKING. 28 4. REQUIRE THAT AN ACCESSORY DWELLING UNIT MATCH THE EXTERIOR 29 DESIGN, ROOF PITCH OR FINISHING MATERIALS OF THE SINGLE-FAMILY DWELLING 30 THAT IS LOCATED ON THE SAME LOT AS THE ACCESSORY DWELLING UNIT. 31 5. SET RESTRICTIONS FOR ACCESSORY DWELLING UNITS THAT ARE MORE 32 RESTRICTIVE THAN THOSE FOR SINGLE-FAMILY DWELLINGS WITHIN THE SAME ZONING 33 AREA WITH REGARD TO HEIGHT, SETBACKS, LOT SIZE OR COVERAGE OR BUILDING 34 FRONTAGE. 35 6. SET REAR OR SIDE SETBACKS FOR ACCESSORY DWELLING UNITS THAT ARE 36 MORE THAN FIVE FEET FROM THE PROPERTY LINE. 37 7. REQUIRE IMPROVEMENTS TO PUBLIC STREETS AS A CONDITION OF 38 ALLOWING AN ACCESSORY DWELLING UNIT, EXCEPT AS NECESSARY TO RECONSTRUCT OR 39 REPAIR A PUBLIC STREET THAT IS DISTURBED AS A RESULT OF THE CONSTRUCTION 40 OF THE ACCESSORY DWELLING UNIT. 41 8. REQUIRE A RESTRICTIVE COVENANT CONCERNING AN ACCESSORY DWELLING 42 UNIT ON A LOT OR PARCEL ZONED FOR RESIDENTIAL USE BY A SINGLE-FAMILY 43 DWELLING. 44 H.B. 2720 - 2 - C. THIS SECTION DOES NOT PROHIBIT RESTRICTIVE COVENANTS CONCERNING 1 ACCESSORY DWELLING UNITS ENTERED INTO BETWEEN PRIVATE PARTIES. THE 2 MUNICIPALITY MAY NOT CONDITION A PERMIT, LICENSE OR USE OF AN ACCESSORY 3 DWELLING UNIT ON ADOPTING OR IMPLEMENTING A RESTRICTIVE COVENANT BETWEEN 4 PRIVATE PARTIES. 5 D. THIS SECTION DOES NOT SUPERSEDE APPLICABLE BUILDING CODES, FIRE 6 CODES OR PUBLIC HEALTH AND SAFETY REGULATIONS, EXCEPT THAT A MUNICIPALITY 7 MAY NOT REQUIRE AN ACCESSORY DWELLING UNIT TO COMPLY WITH A COMMERCIAL 8 BUILDING CODE OR CONTAIN A FIRE SPRINKLER. 9 E. AN ACCESSORY DWELLING UNIT MAY NOT BE BUILT ON TOP OF A CURRENT 10 OR PLANNED PUBLIC UTILITY EASEMENT UNLESS THE PROPERTY OWNER RECEIVES 11 WRITTEN CONSENT FROM ANY UTILITY THAT IS CURRENTLY USING THE PUBLIC 12 UTILITY EASEMENT OR THAT MAY USE THE PUBLIC UTILITY EASEMENT IN THE 13 FUTURE. 14 F. IF A MUNICIPALITY FAILS TO ADOPT DEVELOPMENT REGULATIONS AS 15 REQUIRED BY THIS SECTION ON OR BEFORE JANUARY 1, 2025, ACCESSORY DWELLING 16 UNITS SHALL BE ALLOWED ON ALL LOTS OR PARCELS ZONED FOR RESIDENTIAL USE IN 17 THE MUNICIPALITY WITHOUT LIMITS. 18 G. THIS SECTION DOES NOT APPLY TO LOTS OR PARCELS THAT ARE LOCATED 19 ON TRIBAL LAND, ON LAND IN THE TERRITORY IN THE VICINITY OF A MILITARY 20 AIRPORT OR ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461, ON 21 LAND IN THE TERRITORY IN THE VICINITY OF A FEDERAL AVIATION ADMINISTRATION 22 COMMERCIALLY LICENSED AIRPORT OR A GENERAL AVIATION AIRPORT OR ON LAND IN 23 THE TERRITORY IN THE VICINITY OF A PUBLIC AIRPORT AS DEFINED IN SECTION 24 28-8486. 25 H. FOR THE PURPOSES OF THIS SECTION: 26 1. "ACCESSORY DWELLING UNIT" MEANS A SELF-CONTAINED LIVING UNIT 27 THAT IS ON THE SAME LOT OR PARCEL AS A SINGLE-FAMILY DWELLING OF GREATER 28 SQUARE FOOTAGE THAN THE ACCESSORY DWELLING UNIT, THAT INCLUDES ITS OWN 29 SLEEPING AND SANITATION FACILITIES AND THAT MAY INCLUDE ITS OWN KITCHEN 30 FACILITIES. 31 2. "GROSS FLOOR AREA" MEANS THE INTERIOR HABITABLE AREA OF A 32 SINGLE-FAMILY DWELLING OR AN ACCESSORY DWELLING UNIT. 33 3. "LONG-TERM RENTAL" MEANS RENTAL USE IN WHICH THE TENANT HOLDS A 34 LEASE OF NINETY DAYS OR LONGER OR ON A MONTH-BY-MONTH BASIS. 35 4. "MUNICIPALITY" MEANS A CITY OR TOWN THAT EXERCISES ZONING POWERS 36 UNDER THIS TITLE. 37 5. "PERMITTED USE" MEANS THE ABILITY FOR A DEVELOPMENT TO BE 38 APPROVED WITHOUT REQUIRING A PUBLIC HEARING, VARIANCE, CONDITIONAL USE 39 PERMIT, SPECIAL PERMIT OR SPECIAL EXCEPTION, OTHER THAN A DISCRETIONARY 40 ZONING ACTION TO DETERMINATION THAT A SITE PLAN CONFORMS WITH APPLICABLE 41 ZONING REGULATIONS. 42 H.B. 2720 - 3 - 6. "RESTRICTED-AFFORDABLE DWELLING UNIT" MEANS A DWELLING UNIT 1 THAT, EITHER THROUGH A DEED RESTRICTION OR A DEVELOPMENT AGREEMENT WITH 2 THE MUNICIPALITY, SHALL BE RENTED TO HOUSEHOLDS EARNING UP TO EIGHTY 3 PERCENT OF AREA MEDIAN INCOME. 4 Sec. 2. Section 9-500.39, Arizona Revised Statutes, is amended to 5 read: 6 9-500.39. Limits on regulation of vacation rentals and 7 short-term rentals; state preemption; civil 8 penalties; transaction privilege tax license 9 suspension; definitions 10 A. A city or town may not prohibit vacation rentals or short-term 11 rentals. 12 B. A city or town may not restrict the use of or regulate vacation 13 rentals or short-term rentals based on their classification, use or 14 occupancy except as provided in this section. A city or town may regulate 15 vacation rentals or short-term rentals as follows: 16 1. To protect the public's health and safety, including rules and 17 regulations related to fire and building codes, health and sanitation, 18 transportation or traffic control and solid or hazardous waste and 19 pollution control, if the city or town demonstrates that the rule or 20 regulation is for the primary purpose of protecting the public's health 21 and safety. 22 2. To adopt and enforce use and zoning ordinances, including 23 ordinances related to noise, protection of welfare, property maintenance 24 and other nuisance issues, if the ordinance is applied in the same manner 25 as other property classified under sections 42-12003 and 42-12004. 26 3. To limit or prohibit the use of a vacation rental or short-term 27 rental for the purposes of housing sex offenders, operating or maintaining 28 a sober living home, selling illegal drugs, liquor control or pornography, 29 obscenity, nude or topless dancing and other adult-oriented businesses. 30 4. To require the owner of a vacation rental or short-term rental 31 to provide the city or town an WITH emergency point of contact information 32 for the owner or the owner's designee who is responsible for responding to 33 complaints or emergencies in a timely manner in person if required by 34 public safety personnel, over the phone or by email at any time of day 35 before offering for rent or renting the vacation rental or short-term 36 rental. In addition to any other penalty IMPOSED pursuant to this 37 section, the city or town may impose a civil penalty of up to $1,000 38 against the owner for every thirty days the owner fails to provide contact 39 information as prescribed by this paragraph. The city or town shall 40 provide thirty days' notice to the owner before imposing the initial civil 41 penalty. 42 5. To require an THE owner of a vacation rental or short-term 43 rental to obtain and maintain a local regulatory permit or license 44 pursuant to title 9, chapter 7, article 4. As a condition of issuance of 45 H.B. 2720 - 4 - a permit or license, the application for the permit or license may require 1 an applicant to provide only the following: 2 (a) THE name, address, phone TELEPHONE number and email address for 3 the owner or owner's agent. 4 (b) THE address of the vacation rental or short-term rental. 5 (c) Proof of compliance with section 42-5005. 6 (d) Contact information required pursuant to paragraph 4 of this 7 subsection. 8 (e) Acknowledgment of an agreement to comply with all applicable 9 laws, regulations and ordinances. 10 (f) A fee not to exceed the actual cost of issuing the permit or 11 license or $250, whichever is less. 12 6. To require, before offering a vacation rental or short-term 13 rental for rent for the first time, the owner or the owner's designee of a 14 vacation rental or short-term rental to notify all single-family 15 residential properties adjacent to, AND directly and diagonally across 16 the street from the vacation rental or short-term rental. Notice shall be 17 deemed sufficient in a multifamily residential building if given to 18 residents on the same building floor. A city or town may require 19 additional notification pursuant to this paragraph if the contact 20 information previously provided changes. Notification provided in 21 compliance with this paragraph shall include the permit or license number 22 if required by the city or town, the address, OF THE VACATION RENTAL OR 23 SHORT-TERM RENTAL and the information required pursuant to paragraph 4 of 24 this subsection. The owner or the owner's designee shall demonstrate 25 compliance with this paragraph by providing the city or town with an 26 attestation of notification compliance that consists of the following 27 information: 28 (a) The permit or license number of the vacation rental or 29 short-term rental, if required by the city or town. 30 (b) The address of each property notified. 31 (c) A description of the manner in which the owner or owner's 32 designee chose to provide notification to each property subject to 33 notification. 34 (d) The name and contact information of the person attesting to 35 compliance with this paragraph. 36 7. To require the owner or owner's designee of a vacation rental or 37 short-term rental to display the local regulatory permit number or license 38 number, if any, on each advertisement for a vacation rental or short-term 39 rental that the owner or owner's designee maintains. A city or town that 40 does not require a local regulatory permit or license may require the 41 owner or owner's designee of a vacation rental or short-term rental to 42 display the transaction privilege tax license NUMBER required by section 43 42-5042 on each advertisement for a vacation rental or short-term rental 44 that the owner or owner's designee maintains. 45 H.B. 2720 - 5 - 8. To require the vacation rental or short-term rental to maintain 1 liability insurance appropriate to cover the vacation rental or short-term 2 rental in the aggregate of at least $500,000 or to advertise and offer 3 each vacation rental or short-term rental through an online lodging 4 marketplace that provides equal or greater coverage. 5 9. TO REQUIRE THE OWNER OF A VACATION RENTAL OR SHORT-TERM RENTAL 6 TO RESIDE ON THE PROPERTY IF THE PROPERTY CONTAINS AN ACCESSORY DWELLING 7 UNIT THAT WAS CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT 8 TO THIS SECTION AND THAT IS BEING USED AS A VACATION RENTAL OR SHORT-TERM 9 RENTAL. UNLESS THE TIME PERIOD SPECIFIED IN SECTION 12-1134, SUBSECTION G 10 HAS EXPIRED, THIS PARAGRAPH DOES NOT APPLY TO A PROPERTY OWNER WHO HAS THE 11 RIGHT TO BUILD AN ACCESSORY DWELLING UNIT ON THE PROPERTY OWNER'S PROPERTY 12 BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION WHETHER OR NOT 13 THE ACCESSORY DWELLING UNIT HAS BEEN BUILT. 14 C. A city or town that requires a local regulatory permit or 15 license pursuant to this section shall issue or deny the permit or license 16 within seven business days of receipt of the information required by 17 subsection B, paragraph 5 of this section and otherwise in accordance with 18 section 9-835, except that a city or town may deny issuance of a permit or 19 license only for any of the following: 20 1. Failure to provide the information required by subsection B, 21 paragraph 5, subdivisions (a) through (e) of this section. 22 2. Failure to pay the required permit or license fee. 23 3. At the time of application the owner has a suspended permit or 24 license for the same vacation rental or short-term rental. 25 4. The applicant provides false information. 26 5. The owner or owner's designee of a vacation rental or short-term 27 rental is a registered sex offender or has been convicted of any felony 28 act OFFENSE that resulted in death or serious physical injury or any 29 felony use of a deadly weapon within the past five years. 30 D. A city or town that requires a local regulatory permit or 31 license pursuant to this section shall adopt an ordinance to allow the 32 city or town to initiate an administrative process to suspend a local 33 regulatory permit or license for a period of up to twelve months for the 34 following verified violations associated with a property: 35 1. Three verified violations within a twelve-month period, not 36 including any verified violation based on an aesthetic, solid waste 37 disposal or vehicle parking violation that is not also a serious threat to 38 public health and safety. 39 2. One verified violation that results in or constitutes any of the 40 following: 41 (a) A felony offense committed at or in the vicinity of a vacation 42 rental or short-term rental by the vacation rental or short-term rental 43 owner or owner's designee. 44 H.B. 2720 - 6 - (b) A serious physical injury or wrongful death at or related to a 1 vacation rental or short-term rental resulting from the knowing, 2 intentional or reckless conduct of the vacation rental or short-term 3 rental owner or owner's designee. 4 (c) An owner or owner's designee knowingly or intentionally housing 5 a sex offender, allowing offenses related to adult-oriented businesses, 6 sexual offenses or prostitution, or operating or maintaining a sober 7 living home, in violation of a regulation or ordinance adopted pursuant to 8 subsection B, paragraph 3 of this section. 9 (d) An owner or owner's designee knowingly or intentionally 10 allowing the use of a vacation rental or short-term rental for a special 11 event that would otherwise require a permit or license pursuant to a city 12 or town ordinance or a state law or rule or for a retail, restaurant, 13 banquet space or other similar use. 14 3. Notwithstanding paragraphs 1 and 2 of this subsection, any 15 attempted or completed felony act OFFENSE, arising from the occupancy or 16 use of a vacation rental or short-term rental, that results in a death, or 17 actual or attempted serious physical injury, shall be grounds for judicial 18 relief in the form of a suspension of the property's use as a vacation 19 rental or short-term rental for a period of time that shall not exceed 20 twelve months. 21 E. A city or town that requires sex offender background checks on a 22 vacation rental or short-term rental guest shall waive the requirement if 23 an online lodging marketplace performs a sex offender background check of 24 the booking guest. 25 F. Notwithstanding any other law, a city or town may impose a civil 26 penalty of the following amounts against an owner of a vacation rental or 27 short-term rental if the owner receives one or more verified violations 28 related to the same vacation rental or short-term rental property within 29 the same twelve-month period: 30 1. Up to $500 or up to an amount equal to one night's rent for the 31 vacation rental or short-term rental as advertised, whichever is greater, 32 for the first verified violation. 33 2. Up to $1,000 or up to an amount equal to two nights' rent for 34 the vacation rental or short-term rental as advertised, whichever is 35 greater, for the second verified violation. 36 3. Up to $3,500 or up to an amount equal to three nights' rent for 37 the vacation rental or short-term rental as advertised, whichever is 38 greater, for a third and any subsequent verified violation. 39 G. A vacation rental or short-term rental that fails to apply for a 40 local regulatory permit or license in accordance with subsection B, 41 paragraph 5 of this section, within thirty days of the local regulatory 42 permit or license application process being made available by the city or 43 town issuing such permits or licenses, must cease operations. In addition 44 to any fines CIVIL PENALTIES imposed pursuant to subsection F of this 45 H.B. 2720 - 7 - section, a city or town may impose a civil penalty of up to $1,000 per 1 month against the owner if the owner or owner's designee fails to apply 2 for a regulatory permit or license within thirty days after receiving 3 written notice of the failure to comply with subsection B, paragraph 5 of 4 this section. 5 H. If multiple verified violations arise out of the same response 6 to an incident at a vacation rental or short-term rental, those verified 7 violations are considered one verified violation for the purpose of 8 assessing civil penalties or suspending the regulatory permit or license 9 of the owner or owner's designee pursuant to this section. 10 I. If the owner of a vacation rental or short-term rental has 11 provided contact information to a city or town pursuant to subsection B, 12 paragraph 4 of this section and if the city or town issues a citation for 13 a violation of the city's or town's applicable laws, regulations or 14 ordinances or a state law that occurred on the owner's vacation rental or 15 short-term rental property, the city or town shall make a reasonable 16 attempt to notify the owner or the owner's designee of the citation within 17 seven business days after the citation is issued using the contact 18 information provided pursuant to subsection B, paragraph 4 of this 19 section. If the owner of a vacation rental or short-term rental has not 20 provided contact information pursuant to subsection B, paragraph 4 of this 21 section, the city or town is not required to provide such notice. 22 J. This section does not exempt an owner of a residential rental 23 property, as defined in section 33-1901, from maintaining with the 24 assessor of the county in which the property is located information 25 required under title 33, chapter 17, article 1. 26 K. A vacation rental or short-term rental may not be used for 27 nonresidential uses, including for a special event that would otherwise 28 require a permit or license pursuant to a city or town ordinance or a 29 state law or rule or for a retail, restaurant, banquet space or other 30 similar use. 31 L. For the purposes of this section: 32 1. "ACCESSORY DWELLING UNIT" HAS THE SAME MEANING PRESCRIBED IN 33 SECTION 9-461.18. 34 1. 2. "Online lodging marketplace" has the same meaning prescribed 35 in section 42-5076. 36 2. 3. "Transient" has the same meaning prescribed in section 37 42-5070. 38 3. 4. "Vacation rental" or "short-term rental": 39 (a) Means any individually or collectively owned single-family or 40 one-to-four-family house or dwelling unit or any unit or group of units in 41 a condominium or cooperative that is also a transient public lodging 42 establishment or owner-occupied residential home offered for transient use 43 if the accommodations are not classified for property taxation under 44 section 42-12001. 45 H.B. 2720 - 8 - (b) Does not include a unit that is used for any nonresidential 1 use, including retail, restaurant, banquet space, event center or another 2 similar use. 3 4. 5. "Verified violation" means a finding of guilt or civil 4 responsibility for violating any state law or local ordinance relating to 5 a purpose prescribed in subsection B, D, F or K of this section that has 6 been finally adjudicated. 7 APPROVED BY THE GOVERNOR MAY 21, 2024. FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 21, 2024. Oro Valley Zoning Code Arizona Revised Statue Definitions Accessory Building: A building, the use of which is customarily incidental to that of a dominant use by the occupants of the main building or by their non-paying guests and employees. Accessory dwelling unit: Means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities.(HB Section H.1) Dwelling Unit A building, or portion of a building, arranged, designed or used as living quarters, including bathroom and kitchen facilities, sleeping and living areas, for a family. Guest House An attached or detached accessory building used to house guests of the occupants of the principal building. A guest house providing kitchen facilities shall be considered a dwelling unit. Family A person living alone, up to but no more than ten (10) persons unrelated to each other by blood, marriage or legal adoption, living together in a dwelling unit existing solely as a single housekeeping unit, with common access to all living, eating, kitchen and storage areas within the dwelling unit. A municipality may not do any of the following: Require a familial, marital, employment or other preexisting relationship between the owner or occupant of a single-family dwelling and the occupant of an accessory dwelling unit located on the same lot or parcel. (HB Sec. B.2.) Table comparing the related definitions from Oro Valley Zoning Code (OVZC) and the new Arizona Revised Statue from House Bill 2720 Attachment 2 Attachment 2 In the OVZC Guest Houses have always been allowed and held to the following Accessory Building standards House bill 2720 reads: A municipality may not do any of the following: Setbacks Accessory buildings shall not be any closer to the front lot line than the main building. (OVZC 23.6.A.2.) Set restrictions for accessory dwelling units that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, setbacks, lot size or coverage or building frontage. (HB Sec.B.5.) If setbacks for accessory buildings are not specifically called out within the applicable zoning district, accessory buildings must meet all side setbacks and shall not be constructed closer than five (5) feet to any rear lot line. (OVZC 25.2.A) Set rear or side setbacks for accessory dwelling units that are more than five feet from the property line. (HB Sec B.6.) Accessory buildings shall not be permitted in a front yard, unless specifically permitted within the applicable zoning district. (OVZC 25.2.A) Set restrictions for accessory dwelling units that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, setbacks, lot size or coverage or building frontage. (HB Sec.B.5.) Height Accessory buildings shall not exceed the height of the main building (OVZC 23.6.A.2.) Set restrictions for accessory dwelling units that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, setbacks, lot size or coverage or building frontage. (HB Sec B.5.) Parking Single-Family Detached: For each single-family dwelling, there shall be at least two (2) parking spaces and two (2) guest spaces. Parking of any vehicle in the front yard of a lot shall be prohibited unless parked on a surface of asphalt, concrete, rock, or other similar inorganic material with a permanent border. (OVZC 37.7.D.1.c) Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require payment of fees instead of additional parking (HB Sec.B.3.) Design No requirement in the OVZC Require that an accessory dwelling unit match the exterior design, roof pitch or finishing materials of the single-family dwelling that is located on the same lot as the accessory dwelling unit (HB Sec B.4) Advertising Although advertising isn’t specifically addressed in the OVZC for an accessory building, we do have the follow section related Home Occupations: No signs shall be allowed for any home occupation pursuant to Section 28.10, Prohibited Signs. (OVZC 25.2.E.3.g). Town Code, section 8-8-7, states the following: Required Disclosure. To protect the peace, health, safety, and general welfare of the Town’s residents and visitors, the owner or owner’s designee shall be responsible for displaying the license number issued by the Town on each advertisement for such vacation rental. Town Code section 8-8-8 reads: Posting at the Vacation Rental. The owner of the vacation rental must display the name, phone number, and email address of the owner, designee, and emergency point of contact outside the residence, on a form provided by the Town, in a conspicuous place within ten (10) feet of the primary entrance of the vacation rental, or as approved by the Licensing Administrator or designee. Prohibit the use or advertisement of either the single-family dwelling or any accessory dwelling unit located on the same lot or parcel as separately leased long-term rental housing. (HB Sec B.1) Attachment 3 Study Session Proposed Code Amendment Accessory Dwelling Units Town Council October 16, 2024 Purpose State Law Accessory Dwelling Unit (ADU) Requirements "Accessory dwelling unit means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen" House Bill Section A = Not Oro Valley Applicability: Jurisdictions over 75K House Bill Section B = Applies to Oro Valley I. Zoning Code: Definitions and Standards II.Town Code: Rental of ADU Process Align with State law Deadline: “If a municipality fails to adopt development regulations as required by this section on or before January 1, 2025, accessory dwelling units shall be allowed on all lots or parcels zoned for residential use in the municipality without limits.” Schedule: Oct 1 Initiation and Study Session PZC Oct 16 Study Session TC Nov 12 Recommendation PZC Dec 4 Decision TC I.Accessory Dwelling Definitions •House Bill 2720 State: Accessory Dwelling Unit (ADU): “means a self-contained living unit that is on the same lot or parcel as a single- family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen” OV: Guest House: An attached or detached accessory building used to house guests of the occupants of the principal building. A guest house providing kitchen facilities shall be considered a dwelling unit. I. State’s ADU and OV Guest House Definitions SFR = Single Family Residence Where can an ADU/Guest House be built? Affected Zoning Districts where Guest Houses already allowed R1-300, R1-144, R1-72, R1-43, R1-36, R1- 20, R1-10, R1-7, RS, R6 Any lot built with an existing single- family home Planned Area Development (PAD) single- family lots Homeowner’s Associations (HOA) HOA may regulate 85% of homes in HOA 3197 (15.4%) affected parcels not in an HOA 17566 (84.5%) affected parcels in an HOA State and Oro Valley ADU Standards Oro ValleyStateSubject Not taller than main houseZoning district limitHeight •Front yard: Not in front of main house •Side: Per zoning district •Rear: 5’ setback •Front yard: zoning district limit •Side 5’ setback •Rear 5’ setback Location 10% of side and rear yard areaNot larger than main houseSize Living, Sleeping, Sanitation & often excludes kitchens Living, Sleeping, Sanitation & may contain Kitchen Living Space Not regulatedCannot regulateDesign (Exterior) Short-term rental •License required Short-term rental •Owner must reside on property if built after Sept. 2024 Rental Type of ADU Single-family home sites Allow only site-built ADUs League of Cities and Towns: “Movable habitable space: A mobile home, recreational vehicle or other moveable habitable space shall not be used as an accessory dwelling unit” II. Town Code: Rental of ADU Minor edits of existing State law “THE name, address, phone TELEPHONE number and email address for the owner or owner's agent.” Rental Short-term rental: Less than 30 days Primary change: “To require the owner of a vacation rental or short-term rental to reside on the property if the property contains an accessory dwelling unit that was constructed on or after the effective date of this amendment to this section and that is being used as a vacation rental or short-term rental” Summary State Law: House Bill 2720 I.Zoning Code Definitions Guest house = ADU Standards Height Location (setback, placement on lot) Kitchen (optional) II.Town Code Short-term rental Schedule: Oct 1 Initiation and Study Session PZC Oct 16 Study Session TC Nov 12 Recommendation PZC Dec 4 Decision TC Jan 1 State’s deadline