Loading...
HomeMy WebLinkAboutPackets - Council Packets (1631)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 8, 2021 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE The Town has modified its public comment procedures in the newly renovated town council chambers. For more details, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER   ROLL CALL   EXECUTIVE SESSION - Regarding the property commonly known as the former Vistoso Golf Course, pursuan to A.R.S. §38-431.03(A)(3), (4) and/or (7): 1) Discussion or consultation for legal advice with the Town attorney or attorneys, and/or; 2) Discussion or consultation with the Town attorney or attorneys in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation, and/or; 3) Discussions or consultations with designated representatives of the Town in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property   RECONVENE REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   COUNCIL REPORTS   TOWN MANAGER'S REPORT   The Mayor and Council may consider and/or take action on the items listed below: The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1.Proclamation - National Preparedness Month   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - July 7 and August 18, 2021   B.Resolution No. (R)21-38, authorizing the Town Manager to sign, on behalf of the Town, the general consultant contract for Town Attorney services with the law firm of Mesch Clark Rothschild   C.Resolution No. (R)21-39, authorizing and approving the Town of Oro Valley to enter into the Intergovernmental Agreement (IGA) for participation in the Arizona Child Abduction Response Team (CART)   D.Resolution No. (R)21-40, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley Police Department and the Arizona Department of Public Safety for participation in the Gang Immigration and Intelligence Team Enforcement Mission (GIITEM)   E.Resolution No. (R)21-41, authorizing and approving a task force agreement between the Drug Enforcement Administration and the Town of Oro Valley for the participation of one (1) Oro Valley Police Officer in the Tucson High Intensity Drug Traficking Areas (HIDTA) Task Force   F.Resolution No. (R)21-42, authorizing and approving a task force agreement between the Drug Enforcement Administration (DEA) and the Town of Oro Valley for the participation of two (2) Oro Valley police officers in the DEA Tucson Task Force   G.Resolution No. (R)21-43, authorizing and designating the Town Manager to execute an agreement for financial contributions towards Pusch Ridge 9-Hole Golf Course operations with 1) El Conquistador Resort Patio Homes Association; 2) Shadows of the Ridge HOA #1; and 3) Shadows of the Ridge   H.Resolution No. (R)21-44, authorizing and approving renewal of a communications equipment site lease between T-Mobile and the Town of Oro Valley at 10555 N. La Canada Drive   I.Resolution No.(R)21-45, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY21-22   J.Approval of any direction to the Town Attorneys, Town Manager, and/or designated representatives as discussed in Executive Session regarding the property commonly known as the former Vistoso Golf Course   REGULAR AGENDA   1.DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED AMENDMENTS TO ORO VALLEY TOWN CODE CHAPTER 15, WATER CODE, TO INCORPORATE A POLICY PROHIBITING WATER WASTING, IMPOSE RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AND IMPOSE PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS A. RESOLUTION NO. (R)21-46, DECLARING THE AMENDED ORO VALLEY TOWN CODE CHAPTER 15 WATER CODE, ATTACHED HERETO AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD B. PUBLIC HEARING: ORDINANCE NO. (O)21-09, APPROVING THE PROPOSED AMENDMENTS TO ORO VALLEY TOWN CODE CHAPTER 15, WATER CODE TO INCORPORATE A POLICY PROHIBITING WATER WASTING, IMPOSE RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AND IMPOSE PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS (To speak virtually, register at https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. See below for complete instructions)   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 9/1/21 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. 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 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. For the record, please state your name and whether or not you are a Town resident.1. 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. 2. Please limit your comments to 3 minutes.3. During Call to Audience, you may address the Council on any matter that is not on the agenda.4. Any member of the public speaking must speak in a courteous and respectful manner to those present.5. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. In accordance with the Pima County Health Department’s most recent health advisory, the Town respectfully asks all in-person meeting attendees, regardless of vaccination status, to please wear a mask while indoors. COVID-19 remains a fluid situation, and the Town will adjust its safety guidelines in accordance with any future health advisories from the Health Department. Thank you for your cooperation.     Town Council Regular Session 1. Meeting Date:09/08/2021   Proclamation - National Preparedness Month Subject Proclamation - National Preparedness Month Summary Attachments Proclamation     Town Council Regular Session A. Meeting Date:09/08/2021   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - July 7 and August 18, 2021 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 July 7 and the August 18, 2021 minutes.  Attachments 7-7-21 Draft Minutes  8-18-21 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 7, 2021 ONLINE ZOOM MEETING            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 Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember PLEDGE OF ALLEGIANCE    Councilmember Solomon led the audience in the Pledge of Allegiance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town meetings.   7-7-21 Minutes, Oro Valley Town Council Regular Session 1         COUNCIL REPORTS    Councilmember Greene reported that he attended the Golder Ranch Fire District graduation ceremonies held on June 26, 2021, for the graduates of Class 21-01. Vice Mayor Barrett reported that she attended the Planning and Zoning Commission Meeting on July 6th and that the commission had recommended approval of the Conceptual Architecture for a pediatric dental building located in the Mercado at Cañada Hills commercial plaza. Councilmember Solomon thanked Oro Valley resident Lisa Bayless for her sponsorship of the Oro Valley July 4th Fireworks Show. Councilmember Bohen reported that he attended the grand opening of the Brittni Gutman Allstate Insurance Agency.   TOWN MANAGER'S REPORT    Town Manager Mary Jacobs reported the following information: Information and "thank you" for all that helped/supported the July 4th Fireworks Show Status update regarding the Council Chambers remodel Update regarding in-person attendance of public meetings   ORDER OF BUSINESS    Mayor Winfield re-organized the agenda as follows: Regular Session item #3 would be moved to item #2 and Regular Session item #2 would be moved to item #3. Mayor Winfield provided the guidelines for participation in the Town Council's Regular Session Zoom meeting.   INFORMATIONAL ITEMS   1.Town of Oro Valley FY 20/21 financial update through May 2021      CALL TO AUDIENCE    No comments were received.   7-7-21 Minutes, Oro Valley Town Council Regular Session 2         PRESENTATIONS   1.Proclamation - Child Support Awareness Month       Mayor Winfield proclaimed August 2021 as Child Support Awareness month in Oro Valley. Justine McDilda, Outreach Coordinator for the Division of Child Support Services, accepted the proclamation.   2.Proclamation - Drowning Impact Awareness Month       Mayor Winfield proclaimed August 2021 as Drowning Impact Awareness month in Oro Valley and urged all communities and citizens of Arizona to participate in efforts to reduce drowning risk, strengthen families, and protect children and teens. Jodi Layton, Program Coordinator for Pima County Natural Resources, Parks and Recreation, accepted the proclamation.   CONSENT AGENDA    Councilmember Jones-Ivey requested that item (F) be removed from the Consent Agenda for discussion.   A.Minutes - June 16, 2021      B.Approval to cancel the July 21, 2021 regular Town Council meeting      C.Request for approval of Conceptual Architecture for a pediatric dental building located in the Mercado at Cañada Hills commercial plaza in proximity to the northeast intersection of La Cañada Drive and Lambert Lane      D.Item A: Resolution No. (R)21-32 (Attachment 1), authorizing and approving the dedication of a public sewer easement from the Town of Oro Valley to Pima County Item B: Resolution No. (R)21-33 (Attachment 2), authorizing and approving the dedication of a private sewer easement from the Town of Oro Valley to the Tranquilo at Rancho Vistoso Homeowners' Association      E.Resolution No. (R)21-34, authorizing and approving the dedication of an easement for the access, maintenance, and construction of soil cement bank protection from the Town of Oro Valley to Pima County      G.Resolution No. (R)21-36, approving the Agenda Committee assignment for the period of    7-7-21 Minutes, Oro Valley Town Council Regular Session 3  G.Resolution No. (R)21-36, approving the Agenda Committee assignment for the period of September 1, 2021, to November 30, 2021       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to approve Consent Agenda Items (A) through (E) and (G).  Vote: 7 - 0 Carried   F. Resolution No. (R)21-35, authorizing and approving an Intergovernmental Agreement between Pima County and the Town of Oro Valley for the joint formation and operation of specialized law enforcement teams among public agencies within Pima County, superseding and replacing the existing SWAT IGA       Councilmember Jones-Ivey requested clarification on Consent Agenda item (F). Oro Valley Police Chief Kara Riley provided clarification regarding item (F). Discussion ensued amongst Council and staff regarding item (F).    Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to approve Consent Agenda item (F).  Vote: 7 - 0 Carried   REGULAR AGENDA   1.DISCUSSION OF THE CURRENT STATUS REGARDING THE EFFORTS TO PRESERVE THE FORMER VISTOSO GOLF COURSE, SUBJECT TO EXISTING CONFIDENTIALITY REQUIREMENTS -Council may adjourn into Executive Session to seek legal advice regarding this item pursuant to A.R.S. 38-431.03(A)(3), (A)(4) and/or (A)(7)       Town Attorney Jonathan Rothschild requested that Council go into Executive Session to receive legal advice regarding this item. The following individuals spoke regarding item #1. Oro Valley resident Rosa Dailey Oro Valley resident Tom Stegman Oro Valley resident Roy Hoff Oro Valley resident Teresa Marrow Oro Valley resident Gayle Mateer Oro Valley resident Richard Beam Oro Valley resident Rich Molnar Oro Valley resident Nancy Olson Oro Valley resident John McAlister Oro Valley resident Marc Enzor Oro Valley resident Jennifer Semon Oro Valley resident Marsha Thrall   7-7-21 Minutes, Oro Valley Town Council Regular Session 4     Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to go into Executive Session at 6:53 p.m. Pursuant to A.R.S. 38-431.03(A)(3), (A)(4) and/or (A)(7) regarding the efforts to preserve the former Vistoso Golf Course, subject to existing confidentiality requirements.  Vote: 7 - 0 Carried    Mayor Winfield announced that the following staff members would be joining Council in Executive Session: Town Manager Mary Jacobs, Assistant Town Manager Chris Cornelison, Town Attorney Jonathan Rothschild and Town Clerk Mike Standish.    Mayor Winfield reconvened the Regular Session at 7:45 p.m.    Town Attorney Jonathan Rothschild provided an overview of the current status regarding the efforts to preserve the former Vistoso Golf Course, subject to existing confidentiality requirements. Councilmember Solomon provided information as to why he requested this item be added to the July 7th Town Council agenda.   2.DISCUSSION AND POSSIBLE ACTION SETTING PRIORITIES FOR SPECIFIC PROJECTS TO BE INCLUDED WITHIN THE PARKS AND RECREATION BOND       Assistant Town Manager Chris Cornelison presented item #2 and included the following; Parks & Recreation Bond - Specific Projects Example $21M Bond Financing Proposal The following individuals spoke regarding item #2. Oro Valley resident Duncan Caldwell Scott Boitano Chris Oro Valley resident Gary Goodwin Oro Valley resident Bekah Collins Oro Valley resident John Costello Oro Valley resident Tyler Anderson Kyle Williams Beverly Roth Discussion ensued amongst Council and staff regarding item #2.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Josh Nicolson to 7-7-21 Minutes, Oro Valley Town Council Regular Session 5   Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Josh Nicolson to direct staff to include the following projects and amenities with the Parks and Recreation bond; Community Center Conquistador and Canada courses golf irrigation replacement Tennis Courts replacement Resurfaced/Reconfigured parking Naranja Park Two (2) multi-use fields Splash pad Pickleball courts Basketball courts Pump track Skate park New paved paths Ramadas Restrooms And associated infrastructure Multi Use Path La Cañada Drive between Lambert and Naranja Naranja Drive between La Cañada and park entrance CDO Wash to James D Kreigh park Discussion continued amongst Council and staff regarding item #2.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to direct staff to include the following projects and amenities with the Parks and Recreation bond; Community Center Conquistador and Canada course golf irrigation replacement Tennis Courts replacement Resurfaced/Reconfigured parking Naranja Park Two (2) multi-use fields Splash pad Pickleball courts Basketball courts Pump track Skate park New paved paths Ramadas Restrooms And associated infrastructure Multi Use Path La Cañada Drive between Lambert and Naranja 7-7-21 Minutes, Oro Valley Town Council Regular Session 6  Naranja Drive between La Cañada and park entrance CDO Wash to James D Kreigh park  Vote: 5 - 2 Carried  OPPOSED: Councilmember Harry Greene  Councilmember Steve Solomon   3.RESOLUTION NO. (R)21-37, PRESENTATION, DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED FINANCIAL AND BUDGETARY POLICIES       Chief Financial Officer David Gephart presented item #3 and included the following: FY 2021/22 Financial Policies Financial Policy Purpose Notable Items Discussion ensued amongst Council and staff regarding item #3.    Motion by Councilmember Josh Nicolson, seconded by Vice-Mayor Melanie Barrett to approve Resolution No. (R)21-37, adopting revised financial and budgetary policies. Discussion continued amongst Council and staff regarding item #3.    Motion by Councilmember Josh Nicolson, seconded by Vice-Mayor Melanie Barrett to approve Resolution No. (R)21-37, adopting revised financial and budgetary policies.  Vote: 7 - 0 Carried   FUTURE AGENDA ITEMS    No future agenda items were requested.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the meeting at 10:00 p.m.  Vote: 7 - 0 Carried     __________________________________ 7-7-21 Minutes, Oro Valley Town Council Regular Session 7  __________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 7th day of July 2021. I further certify that the meeting was duly called and held and that a quorum was present. ______________________________________ Micheal Standish, CMC Town Clerk 7-7-21 Minutes, Oro Valley Town Council Regular Session 8  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 18, 2021 ONLINE ZOOM MEETING            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.   SPECIAL SESSION AT OR AFTER 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:00 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Steve Solomon, Councilmember Absent:Josh Nicolson, Councilmember EXECUTIVE SESSION - Discussion or consultation for legal advice with the attorney's of the public body under ARS 38-431.03(A)(3) and in order to consider its position and instruct its attorneys regarding the public position regarding settlement discussions conducted in order to avoid or resolve litigation under ARS 38-431.03(A)(4)    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to go into Executive Session at 5:02 p.m. regarding discussion or consultation for legal advice with the attorney's of the public body under ARS 38-431.03(A)(3) and in order to consider its position and instruct its attorneys regarding the public position regarding settlement discussions conducted in order to avoid or resolve litigation under ARS 38-431.03(A)(4) Mayor Winfield announced that the following staff members would be joining Council in the Executive Session: Town Manager Mary Jacobs, Assistant Town Manager Chris Cornelison, Legal Services Director Tobin Sidles, Municipal Risk Pool Attorney representing the Town and Town Clerk Mike Standish.  Vote: 6 - 0 Carried    Councilmember Nicolson joined the meeting. 8/18/21 Minutes, Town Council Special Session 1   Councilmember Nicolson joined the meeting.   RECONVENE SPECIAL SESSION    Mayor Winfield reconvened the Special Session at 5:32 p.m.   SPECIAL SESSION AGENDA   1.APPROVAL OF ANY DIRECTION AND/OR DELEGATION OF AUTHORITY TO THE TOWN MANAGER, TOWN ATTORNEY, LEGAL SERVICES DIRECTOR OR OTHER NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION (Leonard Lawsuit)       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve any direction and/or delegation of authority to the Town Manager, Town Attorney, Legal Services Director or other necessary staff as discussed in Executive Session for the settlement agreement of the Leonard Lawsuit.  Vote: 7 - 0 Carried   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the Special Session at 5:37 p.m.  Vote: 7 - 0 Carried     ________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 18th day of August 2021. I further certify that the meeting was duly called and held and that a quorum was present. __________________________________ Michael Standish, CMC Town Clerk 8/18/21 Minutes, Town Council Special Session 2     Town Council Regular Session B. Meeting Date:09/08/2021   Requested by: Tobin Sidles Submitted By:Vicent Pieper, Legal Department:Legal SUBJECT: Resolution No. (R)21-38, authorizing the Town Manager to sign, on behalf of the Town, the general consultant contract for Town Attorney services with the law firm of Mesch Clark Rothschild RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: After the Request for Proposal (RFP) process was completed, the law firm of Mesch Clark Rothschild was the best choice among the law firms who submitted proposals.  This general consultant contract being brought before the Town Council is to authorize and approve the contract with Mesch Clark Rothschild to provide Town Attorney services to the Town Council. BACKGROUND OR DETAILED INFORMATION: In June 2021, the previous contract with Mesch Clark Rothschild, was slated to expire. On May 18, 2021, the Town issued the Request for Proposal (RFP) to prospective law firms for new town attorney services. On June 3, 2021, two proposals were received and evaluated by Town staff, including the Chief Procurement Officer. The law firm of Mesh Clark Rothschild was the top choice among the firms who submitted proposals.  The Town Attorney serves at the pleasure of the Town Council.  This action would delegate the authority to sign the contract with Mesch Clark Rothschild to the Town Manager.   FISCAL IMPACT: The fiscal impact to the Town will be a fixed per council meeting rate of $1,025.00. Any additional services requested will be charged at an hourly rate of $200.00 per hour for attorney services and $120.00 per hour for paralegal services.  SUGGESTED MOTION: I MOVE to (approve/deny) Resolution No. (R)21-38, authorizing the Town Manager to sign, on behalf of the Town, the general consultant contract for Town Attorney services with the law firm of Mesch Clark Rothschild. Attachments (R)21-38 Resolution  Town Attorney Contract  C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@D80C1ADC\@BCL@D80C1ADC.doc RESOLUTION NO. (R )21-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN MANAGER MARY JACOBS TO SIGN , ON BEHALF OF THE TOWN , THE GENERAL CONSULTANT CONTRACT FOR TOWN ATTORNEY SERVICES WHEREAS, on May 18, 2021, the Town began the process of procuring a new contract Town Attorney; and WHEREAS, Mesch Clark Rothschild, was the leading law firm of several prospective firms; and WHEREAS, it is the desire of the Mayor and Council to secure and retain the services of Mesch Clark Rothschild for Town Attorney Services for the contract term starting once the contract has been signed by all parties and continuing for a period of one year, with the option of extending the contract via amendment for up to four additional one year terms; and WHEREAS, it is in the best interest of the Town to authorize Town Manager Mary Jacobs to sign, on behalf of the Town, the Contract, attached hereto as Exhibit “A” and incorporated herein by this reference. NOW, THEREFORE BE IT R ESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. The Town Manager is hereby authorized to approve and sign the General Consultant Contract with Mesch Clark Rothschild for Town Attorney Services, attached hereto as Exhibit “A”. SECTION 2. The Mayor and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Contract. SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@D80C1ADC\@BCL@D80C1ADC.doc SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the General Consultant Contract with Mesch Clark Rothschild for Town Attorney Services, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 8th day of September, 2021. TOWN OF ORO VALLEY ____________________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director _____________________________ ____________________________________ Date Date C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@D80C1ADC\@BCL@D80C1ADC.doc EXHIBIT “A” TOV Contract No. 21057 Page 1 Mesch Clark Rothschild Town Attorney Services Town of Oro Valley Consultant Contract No. 21057 Town Attorney Services TOWN CONTACT The Mayor and Council of the Town of Oro Valley Mary Jacobs Town Manager (520)229-4725 mjacobs@orovalleyaz.gov PROCUREMENT CONTACT Procurement Division Mark Neihart CPPB, C.P.M., Chief Procurement Officer (520) 229-4722 mneihart@orovalleyaz.gov & CONTRACT ATTORNEY Mesch Clark Rothschild Jonathan Rothschild, Partner (520) 624-8886 jrothschild@mcrazlaw.com TOV Contract No. 21057 Page 2 Mesch Clark Rothschild Town Attorney Services THIS CONTRACT is made and entered into by and between the Town of Oro Valley, a Municipal Corporation (the “Town”), and the law firm of Mesch Clark Rothschild, (hereinafter the “Consultant” or “Contract Attorney”). The Town’s competitive Request for Proposal No. 21057, fully incorporated herein by reference, and the Consultant’s proposal response thereto (reference Exhibit A hereto), constitute this Contract at its inception. WITNESSETH: WHEREAS, Town Code, Section 3-2-5B, provides for services of Town Attorney to serve at the discretion of the Town’s Mayor and Council, to include, but not limited to, attendance at the participation in all Mayor and Council regular, study, special and executive sessions of the Town’s governing body; NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I – SCOPE OF WORK The Contract Attorney will provide legal services and report directly to the Town Council. The Contract Attorney shall: A. Attend (virtually when Council members are remote; in person when the Council resumes in- person meetings) all Council meetings including regular, study, special and executive sessions (approximately 24/year), unless excused by the Town Manager and covered by Town staff or the Legal Services Director (e.g. annual retreat, some study sessions, etc.). Serve as legal counsel during Council meetings, advise Council on parliamentary rules and procedures, compliance with Council procedures, and serve as the Sergeant at Arms for the public body. B. As part of the preparation for the Town Council meetings, unless otherwise excused, the Contract Attorney shall attend the twice monthly Town Agenda Committee meetings intended to review and schedule items for the Town Council meetings. This will consist of two Agenda Committee meetings conducted within the same day for approximately 30 minutes per meeting: one with staff only, and one with the designated Town Council Agenda Committee members and key staff. C. Provide timely review and approve the final agenda for all Town Council meetings. D. Provide legal advice on any matter that comes before the Town Council, as requested and where it appears necessary, and on Open Meeting Law issues. E. Upon prior approval by the Town Manager or Town Legal Services Director, the Contract Attorney shall provide occasional legal guidance in other municipal law matters as assigned, in areas including but not limited to, open meeting law, election law, land-use, economic development negotiations and employment law. F. Provide confidential and privileged legal advice to the Town Council as a body, or as individual members of Council on current or prospective Town matters. Council Members may contact the Contract Attorney at their discretion. The Contract Attorney is the legal advisor only and shall coordinate with the Town Manager any responses to the Council Member outside the framework of legal advice. The Contract Attorney is expected to coordinate with the Legal TOV Contract No. 21057 Page 3 Mesch Clark Rothschild Town Attorney Services Services Director for confidential research or other assistance where Town legal staff can supplement the Contract Attorney’s efforts and thereby reduce hours billed. G. Additional services/representation may be required of the Contract Attorney at the Town’s discretion and with respective fees negotiated between the parties in advance of services being rendered. SECTION II - FINANCIAL CONSIDERATIONS A. For services rendered under the resulting contract, the Town shall pay the Consultant on a monthly basis for the amounts as identified in Exhibit A of this Contract. If the Scope of Services increases or decreases significantly, the amounts of compensation may be revised accordingly. However, this is a non-exclusive contract and the Town reserves the unilateral right to secure the same or similar services from other providers. B. Monthly payments in arrears are to be made consistent with Town procedures. The Consultant shall prepare duplicate invoices for the amounts representing the actual value of the services rendered in the month prior and submit these documents to the Town Manager and the Director of the Legal Services Department for approval and processing. The Town’s payment terms are net 30 from Town-approved invoice. C. Reimbursable Expenses (which are all not-to-exceed allowances) shall be paid at cost to Consultant and shall include no markup. Invoices shall be submitted with documentation requesting reimbursement of approved expenses. The Town expects the Consultant to incorporate most anticipated and routine expenses within overhead expense, and therefore to be part of the proposed fixed fee and hourly rate structure. Accordingly, the Town will not reimburse for: Routine expenses: • Incidental copy and printing charges • Fax charges • Postage expense • Office supplies • Phone charges • Travel expense • Delivery services The Town will reimburse at cost the actual and substantiated costs for the following atypical expenses: • Pre-approved volume copying • Overnight or express delivery charges and third-party courier services, with an explanation and purpose of the charge. • Travel as directed outside of normal Council meetings All other expenses must be included within the fixed fee or hourly rates unless they are extraordinary, and the Town’s advance approval has been obtained to incur expenses. TOV Contract No. 21057 Page 4 Mesch Clark Rothschild Town Attorney Services D. Billable time (for services outside of the proposed fixed fee for Council Meetings): The Town will only pay for identifiable Contract Attorney services and, with the possible exception of Contract Attorney’s paralegal services, will not pay for any other of contract Attorney’s personnel classifications. Excepting those fixed fees for Council Meetings, all other time must be billed in no more than tenth of an hour increments and must reflect only the time actually spent on Town business. Time entries must note the date performed, identify the attorney performing the task, describe the tasks completed, show the time taken to complete each task and state the applicable hourly rate. The Town will not pay for Consultant’s time to prepare for Town Council meetings unless the specific work required for a particular agenda item is extraordinary. Should special project work be pre- approved by the Town, the Town, at its sole discretion, may consider paying Contract Attorney for additional attorneys, paralegals, and specialists. The Town will not pay for attorneys or paralegals of the firm for educating themselves, training or doing work of a transient nature on a Town matter. Each designated attorney is expected to perform work of a type commensurate with his/her professional title, expertise, and experience. Without prior approval, the Town will not pay for more than one attorney to perform any task assigned by the Town. The Town will not pay for duplicative review and/or analysis of documents or legal research. The need for legal research will be addressed on a case-by-case basis with the Consultant. SECTION II – CONSULTANT RESPONSIVENESS TO TOWN TIME IS OF THE ESSENCE for work by Consultant under this Contract. When the Consultant submits a request for additional time to complete work, justification outlining the reason for applying for the extension must be provided and a date the work will be completed. If the extension is agreed to and signed by the Town and the Consultant, it binds the Consultant to complete the work by the extended date unless the delay in completion of the work by the Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Consultant. It is agreed the Town’s only liability for delay from any cause shall be limited to granting a time extension to the Consultant. There is no other obligation, expressed or implied, on part of the Town to the Consultant for delay from any cause. SECTION III – PERIOD OF SERVICE The term of this Contract shall commence upon the date of signing by all parties as required herein, and shall remain in effect for a period of one (1) year thereafter unless terminated, canceled, or extended as otherwise provided herein. The Consultant agrees that the parties shall have the right to renew the Contract for up to four (4) additional one-year periods, or portions thereof via an Amendment executed by the parties. TOV Contract No. 21057 Page 5 Mesch Clark Rothschild Town Attorney Services SECTION IV – APPROVALS & PROFESSIONAL STANDARDS All work shall be subject to approval by the Town’s Council. Consultant agrees to exercise the skill and care which would be exercised by professionals performing similar services at the time and in the locality. If failure to meet these standards results in faulty work, Consultant shall undertake at its own expense any corrective adjustments or modifications. SECTION V – INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers and employees individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney’s fees or actions of any kind and nature arising out of Consultant’s act or omission in the rendering of legal advice that falls below the standard of care for the provision of such legal advice. The amount and type of insurance coverage requirements set forth in Section XIX herein will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION VI – AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is implemented, an amendment shall be executed by the Town and the Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Consultant will be allowed by the Town except as provided, nor shall the Consultant do any work not covered by this Contract unless the work is authorized through an amendment and signed by both parties PRIOR to starting any additional work. SECTION VII – TERMINATION This Contract may be terminated at any time by mutual written consent, or by the Town, with or without cause, upon giving thirty (30) days written notice. If this Contract is terminated, the Town shall be liable only for payment for services rendered and accepted by the Town before the effective date of termination. The Town reserves the right to terminate in whole or any part of this Contract due to the failure of the Consultant to carry out any term or condition of the Contract. The Town will issue a written notice of default to the Consultant for failing to perform the stipulations, conditions or services/specifications required in this Contract. The Consultant shall have 5 days from receipt of the notice to rectify the failure or establish a plan for remedy. Consultant shall provide documentation of the remedy or proposed plan for approval by the Town. TOV Contract No. 21057 Page 6 Mesch Clark Rothschild Town Attorney Services The Town may terminate this Contract for cause if: A. In the opinion of the Town, the Consultant attempts to impose personnel, materials or services of an unacceptable quality; B. In the opinion of the Town, the Consultant fails to furnish the required services and/or product within the time stipulated in the Contract; C. In the opinion of the Town, the Consultant fails to make progress in the performance of the requirements of the Contract; D. The Consultant gives the Town a positive indication that the Consultant will not or cannot perform to the requirements of the Contract. If funds that are appropriated or allocated for the payment of obligations under this Contract are not allocated by the Town and available for the continued purchase of the services provided under this Contract, this Contract may be terminated by the Town at the end of the period for which funds are available. The Town will notify the Consultant in the event that continued service will or may be affected by non-appropriation. No penalty shall accrue to the Town in the event that this provision is exercised, and the Town shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. Upon Notice of Termination the Consultant shall apprise the work the Consultant has completed to date and submit this appraisal to the Town for evaluation. Notice required under this section shall be in writing and shall be served by certified mail upon the other party. When served by certified mail, services shall be conclusively deemed made five (5) days after posting thereof in the United States mail, postage prepaid. SECTION VIII – OTHER CONTRACTS The Town may, as its sole option, enter into contracts for additional work related to these legal services. SECTION VIX – FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, pandemics, natural disasters, acts of God or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING by both parties. SECTION X – ARBITRATION OF DISPUTES Any dispute arising under this Contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties, be decided by an Arbitration Board composed of a representative of the Town, a representative of the Consultant and a representative mutually acceptable to the Town and the Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this Section. Nothing herein shall be deemed to require TOV Contract No. 21057 Page 7 Mesch Clark Rothschild Town Attorney Services arbitration except at the Town’s discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XI – INDEPENDENT CONSULTANT It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint-venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. The Consultant is advised that taxes or social security payments shall not be withheld from a Town payment issued hereunder and that Consultant should make arrangements to directly pay such expenses, if any. The Town will not provide any insurance coverage to the Consultant including Workers’ Compensation coverage. SECTION XII – OWNERSHIP OF DOCUMENTS All documents including, but not limited to, working papers, reports, recommendations, estimates, notes, investigations, analyses, and studies which are prepared in the performance of this Contract are to remain the property of the Town. The Consultant shall furnish the Town, upon request, originals or copies of any or all of all documents listed above. SECTION XIII – NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant’s firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. SECTION XIV – CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Consultant to any other party to the Contract with respect to the subject matter of the Contract. TOV Contract No. 21057 Page 8 Mesch Clark Rothschild Town Attorney Services SECTION XV – ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the parties. The Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town shall assist the Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XVI – ENFORCEMENT, LAWS AND ORDINANCES This Contract shall be governed and enforced under the laws of the State of Arizona. The Town and the Consultant shall have all remedies afforded to each, by the Oro Valley Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court. Each party must comply with all applicable federal, state, county and Town laws, ordinances, and regulations. Consultant shall ensure Consultant’s obligation regarding payment of all taxes, license, permits and other expenses of any nature associated with the provision of services herein. Consultant shall maintain in current status all Federal, State, and local certifications required for the business operated by the Consultant. SECTION XVII – ENTIRE CONTRACT This is the entire Contract between the parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. SECTION XVIII – WAIVER The failure of either party of this Agreement to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Contract shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. SECTION XIX – INSURANCE The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Worker's Compensation Statute Employer's Liability $100,000 TOV Contract No. 21057 Page 9 Mesch Clark Rothschild Town Attorney Services Commercial General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Comprehensive Automobile Liability $1,000,000 – Bodily Injury (includes Consultant's owned, hired, and Property or non-owned vehicles, assigned to Combined Single Limit or used in performance of the work) Each Occurrence Professional Liability Insurance $1,000,000 (Minimum) Combined Single Limit The Consultant shall provide satisfactory certificates on the required insurance coverage before beginning work. All policies shall contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five (5) workdays prior to expiration date. Each certificate shall include project description, project number and the signed acknowledgement of the insurance company. Town of Oro Valley shall be included as an additional insured and endorsement provided on all policies except Worker’s Compensation AND Professional Liability. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to General, Automobile, and Excess Liability, the Consultant agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney’s fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subconsultant employed by the Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. In regard to Professional Liability, Consultant agrees to indemnify, defend, and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers and employees individually and collectively, from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney’s fees, defense costs or actions of any kind and nature TOV Contract No. 21057 Page 10 Mesch Clark Rothschild Town Attorney Services resulting from personal injury to any person, including employees of the Consultant or of any subcontractor employed by the Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen solely out of the negligent performance of the Consultant for the work performed. Consultant agrees to indemnify, defend and hold harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers, employees, individually and collectively, against any an all claims arising out of errors, omissions or negligent acts in the performance of services by the Consultant. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. SECTION XX – MISCELLANEOUS PROVISIONS A. The Consultant shall establish and maintain procedures and controls that are reasonably acceptable to the Town for the purpose of assuring that no information contained in its records or obtained from the Town or from others in carrying out its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. Persons requesting such information must be referred to the Town. B. The Consultant shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act. SECTION XXI – COMPLIANCE WITH FEDERAL AND STATE LAWS The Consultant understands and acknowledges the applicability to it of the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. Under the provisions of A.R.S. §41- 4401, Consultant hereby warrants to the Town that the Consultant and each of its subconsultants (“Subconsultants”) will comply with, and are Contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A) (hereinafter “Consultant Immigration Warranty”). A breach of the Consultant Immigration Warranty shall constitute a material breach of this Contract and shall subject the Consultant to penalties up to and including termination of this Contract at the sole discretion of the Town. The Town retains the legal right to inspect the papers of any Consultant or Subconsultants employee who works on this Contract to ensure that the Consultant or Subconsultant is complying with the Consultant Immigration Warranty. Consultant agrees to assist the Town in regard to any such inspections. The Town may, at its sole discretion, conduct random verification of the employment records of the Consultant and any of subconsultant to ensure compliance with Consultant’s Immigration Warranty. Consultant agrees to assist the Town in regard to any random verifications performed. Neither the Consultant nor any of Subconsultant shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Subconsultant establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal TOV Contract No. 21057 Page 11 Mesch Clark Rothschild Town Attorney Services Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A. The provisions of this Article must be included in any contract the Consultant enters into with any and all of its subconsultants who provide services under this Contract or any subcontract. “Services” are defined as furnishing labor, time, or effort in the State of Arizona by a Consultant or subconsultant. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. SECTION XXII - KEY PERSONNEL It is essential that the Consultant must provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract. The Consultant must agree to assign specific individuals to the key positions. The Consultant agrees that, once assigned to work under this Contract, key personnel shall not be removed or replaced without written notice to and subsequent concurrence by the Town. If key personnel are not available for work under this Contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Consultant shall immediately notify the Town, and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. The Town reserves the right to require replacement of assigned personnel when this is deemed to be in the Town’s best interest. Upon such notice, the Consultant shall promptly assign a new appropriately qualified and experienced employee. SECTION XXIII – COOPERATIVE PURCHASING Any Contract resulting from this solicitation shall be for the use of the Town of Oro Valley. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the Town of Oro Valley are eligible to participate in any subsequent Contract. Additionally, this Contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Any orders placed to, or services required from, the successful Consultant will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The Consultant may negotiate additional expenses incurred as a result of participating agencies’ usage of this Contract (i.e., freight charges, travel related expenses, etc.). The Town shall not be responsible for any disputes arising out of transactions made by other agencies or parties. TOV Contract No. 21057 Page 12 Mesch Clark Rothschild Town Attorney Services THIS CONTRACT SHALL BE VALID UPON EXECUTION BY THE PARTIES. SIGNING INSTRUCTIONS TO THE CONSULTANT: SIGNATURE MUST BE FROM A CORPORATE OFFICER OR OWNER. CONSULTANT: Mesch Clark Rothschild Company 259 N Meyer Avenue Address Tucson, AZ 85701 City, State, Zip (520) 624-8886 Phone Number jrothschild@mcrazlaw.com Email Address Jonathan Rothschild, Partner Printed Name and Title Authorized Signature Date: TOWN OF ORO VALLEY: By: Mark Neihart, Chief Procurement Officer Date:________________ By: Mary Jacobs, Town Manager Date:________________ Approved as to Form: By: Tobin Sidles, Director of Legal Services TOV Contract No. 21057 Page 13 Mesch Clark Rothschild Town Attorney Services EXHIBIT A    Town Council Regular Session C. Meeting Date:09/08/2021   Requested by: Chris Olson Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)21-39, authorizing and approving the Town of Oro Valley to enter into the Intergovernmental Agreement (IGA) for participation in the Arizona Child Abduction Response Team (CART) RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The purpose of this Agreement is to become part of the Arizona Child Abduction Response Team (CART). The primary goal of the Arizona CART is to provide a pool of specialized investigators which are available to focus dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to cases involving abducted/missing children. BACKGROUND OR DETAILED INFORMATION: Agencies all across Arizona are participating in the Arizona Child Abduction Response Team (CART) to focus and dedicate resources to cases involving abducted/missing children. CART agencies may request and render law enforcement assistance from other CART agencies in dealing with serious violations of law including, but not limited to, the investigation, arrest and prosecution of those involved in criminal child kidnappings, abductions, false imprisonment and similar or related violations (utilizing state and federal law and prosecutions, as appropriate) and the rescue of the abducted child. The Town of Oro Valley received an invitation to participate in CART and would like to become a party to this agreement. FISCAL IMPACT: Each party will be responsible for any and all associated costs accrued in implementing this agreement. Sufficient capacity for these costs are included in the FY 2021/22 budget. SUGGESTED MOTION: I MOVE to APPROVE Resolution No. (R)21-39, authorizing and approving the Town of Oro Valley to enter into the intergovernmental agreement for participation in the Arizona Child Abduction Response Team (CART). Attachments (R)21-39 Resolution AZCART  AZCART IGA  AZCART Invitation  C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@583A70E7 \@BCL@583A70E7.docx Town of Oro Valley Atty’s Office/ca/121510 RESOLUTION NO. (R)21-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE TOWN OF ORO VALLEY TO ENTER INTO THE INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE ARIZONA CHILD ABDUCTION RESPONSE TEAM (CART) WHEREAS, the Town of Oro Valley pursuant to Arizona Revised Statutes A.R.S. § 11 - 952 is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town of O ro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9 -240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into an intergovernmental agreement for participation in the Arizona Child Abduction Response Team (C ART), attached hereto as Exhibit “A”; and WHEREAS, in order to enter into the existing intergovernmental agreement and become a full participant in Arizona CART, the Town of Oro Valley needs to accept an invitation from the Arizona CART Chiefs, attached hereto as Exhibit “B”; and WHEREAS, the purpose of CART is to provide a pool of specialized investigators which will be made available to focus dedicated and intensive investigative, preventative, and general law enforcement efforts in cases involving abducted children; and WHEREAS, it is in the best interest of the Town to enter into the intergovernmental agreement, attached hereto as Exhibit “A” and incorporated herein by this reference for participation in the Arizona CART by accepting the invitation from the Arizona CART Chiefs, attached hereto as Exhibit “B”. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The invitation from the Arizona CART Chiefs, attached hereto as Exhibit “B”, for participation in the Arizona CART is hereby accepted and approved. SECTION 2. The Intergovernmental Agreement for participation in the Arizona CART attached hereto as Exhibit “A” is hereby approved. SECTION 3. The Police Chief and any other administrative officials of the Town of Oro Valley are hereby authorized to take steps as necessary to execute and implement the terms of the intergovernmental agreement. C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@583A70E7 \@BCL@583A70E7.docx Town of Oro Valley Attorney’s Office/ca/080709 SECTION 4. The Mayor and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the intergovernmental agreement. SECTION 5. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 6. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Resolution, the Intergovernmental Agreement for participation in the Arizona CART, attached hereto as Exhibit “A”, or the invitation from the Arizona CART Chiefs, attached hereto as Exhibit “B”, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 8th day of September, 2021. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM : Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@583A70E7 \@BCL@583A70E7.docx Town of Oro Valley Attorney’s Office/ca/080709 EXHIBIT “A” C:\Windows\TEMP\BCL Technologies \easyPDF 7 \@BCL@583A70E7 \@BCL@583A70E7.docx Town of Oro Valley Attorney’s Office/ca/080709 EXHIBIT “B ”    Town Council Regular Session D. Meeting Date:09/08/2021   Requested by: Aaron LeSuer Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)21-40, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley Police Department and the Arizona Department of Public Safety for participation in the Gang Immigration and Intelligence Team Enforcement Mission (GIITEM) RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The Town of Oro Valley Police Department wishes to enter into an intergovernmental agreement with the Arizona Department of Public Safety, which will allow the Police Department to continue participating in the state gang task force known as the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM).  The Police Department has successfully participated in this task force for many years to the benefit of the community.  BACKGROUND OR DETAILED INFORMATION: Approval of this agreement proposal will allow the Arizona Department of Public Safety to reimburse the Town of Oro Valley 75% of payroll expenses for the assigned officer.  The Arizona Department of Public Safety will also supply the vehicle for the assigned member and assume all vehicle-related expenses. Renewing this IGA will allow the Police Department to continue having direct access to GIITEM resources through the assigned member. Our ability to intervene and prevent criminal street gang activity in our community will continue to be enhanced by the participation of an Oro Valley Police Department officer in the GIITEM task force. This IGA should assist us in the community with our efforts to support public safety and quality of life goals. FISCAL IMPACT: This position is funded in the adopted budget for FY 2021/22. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)21-40, authorizing and approving an intergovernmental agreement between the Town of Oro Valley Police Department and the Arizona Department of Public Safety for participation in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) task force. Attachments (R)21-40 Resolution GIITEM  GIITEM IGA  RESOLUTION NO. (R)21-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING CHIEF OF POLICE KARA RILEY TO SIGN AND ENTER INTO, ON BEHALF OF THE TOWN, AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION (GIITEM ) WHEREAS, the Town of Oro Valley pursuant to Arizona Revised Statutes (A.R.S.) § 11 -952 is authorized to enter into and renew agreements for joint and cooperative action with other public agencies; and WHEREAS , the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9 -240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into an Intergovernmental Agreement with the Arizona Department of Public Safety whereby the Town of Oro Valley will assign one certified peace officer to the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) and the Town of Oro Valley will be reimbursed 75% of payroll expenses of the officer as outlined in the Intergovernmental Agreement ; and WHEREAS, it is in the best interest of the Town to authorize Chief of Police Kara Riley to sign and enter into, on behalf of the Town, the GIITEM Intergovernmental Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley; and WHEREAS, the Mayor and Council desire to authorize the Town of Oro Valley Town Manager and Chief of Police to sign any renewals and minor amendments to the GIITEM Intergovernmental Agreement for the next five (5) years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AN D COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. Chief of Police Kara Riley is authorized to sign and enter into, on behalf of the Town, the GIITEM Intergovernmental Agreement, attached hereto as Exhibit “A”. SECTION 2. That the Mayor and Council authorize the Town Manager and the Chief of Police to sign any renewals and minor amendments to the GIITEM Intergovernmental Agreement for the next five (5) years. SECTION 3. That the Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the GIITEM Intergovernmental Agreement. SECTION 4. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 5. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the GIITEM Intergovernmental Agreement, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 8th day of September, 2021. 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”    Town Council Regular Session E. Meeting Date:09/08/2021   Requested by: Aaron LeSuer Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)21-41, authorizing and approving a task force agreement between the Drug Enforcement Administration and the Town of Oro Valley for the participation of one (1) Oro Valley Police Officer in the Tucson High Intensity Drug Traficking Areas (HIDTA) Task Force RECOMMENDATION: Staff recommends approval.  EXECUTIVE SUMMARY: A request is being made to enter into an agreement with the Drug Enforcement Administration (DEA) for the participation of one (1) Oro Valley police officer in the DEA Tucson HIDTA Task Force.  This is a renewal of the program with the DEA, as the Town of Oro Valley has successfully participated in this task force for many years. BACKGROUND OR DETAILED INFORMATION: If approved, this agreement will provide continued participation in these cooperative efforts to disrupt illicit drug trafficking in the state of Arizona, gather and report intelligence data related to drug trafficking and conduct undercover operations to allow for effective prosecution. Additionally, this agreement will enhance our ability to identify, target and investigate consolidated and regional priority organization targets, as well as target and investigate major drug trafficking and money laundering organizations. FISCAL IMPACT: The related expenses are included in the adopted budget for FY 2021/22. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)21-41, authorizing and approving a task force agreement between the Drug Enforcement Administration (DEA) and the Town of Oro Valley for the participation of one (1) Oro Valley police officer detailed to the DEA Tucson HIDTA Task Force. Attachments (R)21-41 Resolution DEA HIDTA  DEA HIDTA Task Force Agreement  OJP Form 4061  RESOLUTION NO. (R)21-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, AUTHORIZING THE ORO VALLEY POLICE DEPARTMENT (OVPD) TO ENTER INTO A STATE AND LOCAL HIGH INTENSITY DRUG TRAFFICING AREA (HIDTA) TASK FORCE AGREEMENT WITH THE DR UG EN FORCEMENT ADMINISTRATION (“DEA”) FOR THE PARTICIPATION OF ONE (1) ORO VALLEY POLICE OFFICER IN THE TUCSON TASK FORCE AND AUTHORIZING CHIEF OF POLICE KARA RILEY TO SIGN THAT AGREEMENT ON BEHALF OF OVPD ; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, pursuant to A.R.S. § 11-952, the Town is authorized to enter into agreements for joint and cooperative action to include the Agreement, attached hereto as Exhibit “A”, with the DEA; and WHEREAS, the Town is authorized to establish and maintain the Oro Valley Police Department (OVPD), pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town wishes to allow OVPD to enter into a Task Force Agreement with the DEA to assist the DEA in drug trafficking interdiction, gathering and reporting data relating to narcotics and dangerous drugs and undercover operations related illegal activity detrimental to the health and general welfare of the residents of the Town and the State of Arizona; and WHEREAS, it is in the best interest of the Town to authorize OVPD to enter into the State and Local HIDTA Task Force Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, and to authorize Police Chief Kara Riley to sign this agreement and the accompanying, required OJP Form 4061/6, attached hereto as Exhibit “B”, on behalf of OVPD, in order to set forth the terms and conditions to pro vide for the health, safety and welfare of the residents of the Town of Oro Valley and the State of Arizona. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. OVPD is authorized to enter into the State and Local HIDTA Task Force Agreement attached hereto as Exhibit “A” and incorporated herein by this reference, between the Drug Enforcement Administration and the Town of Oro Valley for participation of one (1) Oro Valley Police Officer in the Tucson Task Force. SECTION 2. Police Chief Kara Riley is authorized to sign on behalf of O VP D the State and Local HIDTA Task Force Agreement and the accompanying, required OJP Form 4061/6, attached hereto as Exhibit “B”. SECTION 3. The Mayor, Chief of Police and other administrative officials of the Town of Oro Valley are hereby authorized to take suc h steps as necessary to execute and implement the terms of the Agreement. SECTION 4. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 5. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the State and Local HIDTA Task Force Agreement, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona , this 8th day of September, 2021. 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” EXHIBIT “B ” FY 2022 DEA HIDTA Task Force Agreement: Oro Valley Police Department 1 | P a g e HIGH INTENSITY DRUG TRAFFICKING ARE (HIDTA) STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Oro Valley Police Department, ORI# 0100700 (hereinafter "OVPD”). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the state of Arizona area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Arizona, the parties hereto agree to the following: 1. The Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Arizona area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, c. conduct undercover operations where appropriate and engage in other traditional metho ds of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the state of Arizona. 2. To accomplish the objectives of the Tucson Task Force , the OVPD agrees to detail one (1) experienced officer(s) to the Tucson Task Force for a period of not less than two years. During this period of assignment, the OVPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The OVPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The OVPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the Tucson Task Force , DEA will assign up to six (6) special agents to the task force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA special agents and OVPD officers assigned to the task force. This support will include: office space, office supplies , travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. FY 2022 DEA HIDTA Task Force Agreement: Oro Valley Police Department 2 | P a g e 6. During the period of assignment to the task force, the OVPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the task force, and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the OVPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS -12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 30 days of the end of the invoiced period. Note: Task Force Officer’s overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses . 7. In no event will the OVPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The OVPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The OVPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The OVPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is later. 10. The OVPD shall comply with Title VI of the Civil Rights Act of 1 964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The OVPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug-Free Workplace Requirements. The OVPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. FY 2022 DEA HIDTA Task Force Agreement: Oro Valley Police Department 3 | P a g e 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the OVPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. The OVPD understands and agrees that HIDTA will provide the Tucson Task Force officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGVs) - HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the OVPD personnel, in addition to whatever accident reporting requirements the OVPD may have. 14. While on duty and acting on task force business, the OVPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGVs for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their fed eral employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2022. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by OVPD during the term of this agreement. For the Drug Enforcement Administration: Date: Cheri A. Oz, Special Agent in Charge Phoenix Field Division For the Oro Valley Police Department : Date: Kara M. Riley, Chief of Police Oro Valley Police Department U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING 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 records, making false statements, or receiving stolen property; As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (c) 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 (a) No Federal appropriate 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 making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- (c) The undersigned shall require that the language of this cer - tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) (b) Establishing an on -going drug-free awareness program to inform employees about- As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; A. The applicant certifies that it and its principals: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (a) Are not presently debarred, suspended, proposed for debar - ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (b) Have not within a three-year period preceding this application 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 (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and DEA Offices(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; Check if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- Check if the State has elected to complete OJP Form 4061/7. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in condition any activity with the grant; and (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Place of Performance (Street address, city, country, state, zip code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Oro Valley Police Department 11000 N. La Canada Drive Oro Valley, AZ 85737 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date    Town Council Regular Session F. Meeting Date:09/08/2021   Requested by: Aaron LeSuer Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)21-42, authorizing and approving a task force agreement between the Drug Enforcement Administration (DEA) and the Town of Oro Valley for the participation of two (2) Oro Valley police officers in the DEA Tucson Task Force RECOMMENDATION: Staff recommends approval.  EXECUTIVE SUMMARY: A request is being made to enter into an agreement with the DEA for the participation of two (2) Oro Valley police officers in the DEA Tucson Task Force.  This is a continuation of the Town's participation in this task force for many years. BACKGROUND OR DETAILED INFORMATION: If approved, this agreement will provide continued participation in these cooperative efforts to disrupt illicit drug trafficking in the state of Arizona, gather and report intelligence data related to drug trafficking and conduct undercover operations to allow for effective prosecution. Additionally, this agreement will enhance our ability to identify, target and investigate consolidated and regional priority organization targets, as well as target and investigate major drug trafficking and money laundering organizations. FISCAL IMPACT: The related expenses are included in the adopted budget for FY 2021/22. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)21-42, authorizing and approving a task force agreement between the Drug Enforcement Administration (DEA) and the Town of Oro Valley for the participation of two (2) Oro Valley police officers in the DEA Tucson Task Force. Attachments (R)21-42 Resolution DEA  DEA Tucson Task Force Agreement  OJP Form 4061  RESOLUTION NO. (R)21-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, AUTHORIZING THE ORO VALLEY POLICE DEPARTMENT (OVPD) TO ENTER INTO A PROGRAM FUNDED STATE AND LOCAL TASK FORCE AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION (“DEA”) FOR THE PARTICIPATION OF TWO (2) ORO VALLEY POLICE OFFICER S IN THE TUCSON TASK FORCE AND AUTHORIZING CHIEF OF POLICE KARA RILEY TO SIGN THAT AGREEMENT ON BEHALF OF OVPD; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, pursuant to A.R.S. § 11-952, the Town is authorized to enter into agreements for joint and cooperative action to include the Agreement, attached hereto as Exhibit “A”, with the DEA; and WHEREAS, the Town is authorized to establish and maintain the Oro Valley Police Department (OVPD), pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town wishes to allow OVPD to enter into a Task Force Agreement with the DEA to assist the DEA in drug trafficking interdiction, gathering and reporting data relating to narcotics and dangerous drugs and undercover operations related illegal activity detrimental to the health and general welfare of the residents of the Town and the State of Arizona; and WHEREAS, it is in the best interest of the Town to authorize OVPD to enter into the Program Funded State and Local Task Force Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, and to authorize Police Chief Kara Riley to sign this agreement and the accompanying, required OJP Form 4061/6, attached hereto as Exhibit “B”, on behalf of OVPD, in order to set forth the terms and conditions to provide for the health, safety and welfare of the resid ents of the Town of Oro Valley and the State of Arizona. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, that: SECTION 1. OVPD is authorized to enter into the Program Funded State and Local Task Force Agreement attached hereto as Exhibit “A” and incorporated herein by this reference, between the Drug Enforcement Administration and the Town of Oro Valley for participation of two (2) Oro Valley Police Officers in the Tucson Task Force. SECTION 2. Police Chief Kara Riley is authorized to sign on behalf of OVPD the Program Funded State and Local Task Force Agreement and the accompanying, required OJP Form 4061/6, attached hereto as Exhibit “B”. SECTION 3. The Mayor, Chief of Police and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. SECTION 4. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 5. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the Program Funded State and Local Task Force Agreement, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 8th day of September, 2021. 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” EXHIBIT “B ” FY 2022 Program Funded Task Force Agreement: Oro Valley Police Department 1 | P a g e PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Oro Valley Police Department, ORI# AZ0100700 (hereinafter "OVPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the state of Arizona area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Arizona, the parties hereto agree to the following: 1. The Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the state of Arizona area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force’s activities will result in effective prosecution before the courts of the United States and the state of Arizona. 2. To accomplish the objectives of the Tucson Task Force , the OVPD agrees to detail two (2) experienced officer(s ) to the Tucson Task Force for a period of not less than two years. During this period of assignment, the OVPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The OVPD officers assigned to the task force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The OVPD officers assigned to the task force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Tucson Task Force , DEA will assign up to six (6) special agents to the task force. The DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA special agent and OVPD officers assigned to the task force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. FY 2022 Program Funded Task Force Agreement: Oro Valley Police Department 2 | P a g e 6. During the period of assignment to the task force, the OVPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the task force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the OVPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS -12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 30 days of the end of the invoiced period. (Note: Task Force Officer’s overtime shall not include any costs for benefits, such as retire ment, FICA, and other expenses.) 7. In no event will the OVPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The OVPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The OVPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The OVPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is la ter. 10. The OVPD shall comply with Title VI of the Civil Rights Act of 19 64, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The OVPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The OVPD acknowledges that this agreement will not take effect and no federal funds will be awarded to the OVPD by the DEA until the completed certification is received. FY 2022 Program Funded Task Force Agreement: Oro Valley Police Department 3 | P a g e 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the OVPD shall clearly state (1) the percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2022. This agreement may be terminated by either party on thirty days’ advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by OVPD during the term of this agreement. For the Drug Enforcement Administration: Date: Cheri Oz, Special Agent in Charge Phoenix Field Division For the Oro Valley Police Department : Date: Kara M. Riley, Chief of Police Oro Valley Police Department U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING 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 records, making false statements, or receiving stolen property; As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (c) 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 (a) No Federal appropriate 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 making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- (c) The undersigned shall require that the language of this cer - tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) (b) Establishing an on -going drug-free awareness program to inform employees about- As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; A. The applicant certifies that it and its principals: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (a) Are not presently debarred, suspended, proposed for debar - ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (b) Have not within a three-year period preceding this application 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 (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and DEA Offices(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; Check if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- Check if the State has elected to complete OJP Form 4061/7. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in condition any activity with the grant; and (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: B. If convinced of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Place of Performance (Street address, city, country, state, zip code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Oro Valley Police Department 11000 N. La Canada Drive Oro Valley, AZ 85737 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date    Town Council Regular Session G. Meeting Date:09/08/2021   Requested by: Chris Cornelison Submitted By:Diana Randall, Town Manager's Office Department:Town Manager's Office SUBJECT: Resolution No. (R)21-43, authorizing and designating the Town Manager to execute an agreement for financial contributions towards Pusch Ridge 9-Hole Golf Course operations with 1) El Conquistador Resort Patio Homes Association; 2) Shadows of the Ridge HOA #1; and 3) Shadows of the Ridge RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: In February and March 2021, Town Council instructed Town staff to continue operating the Pusch Ridge Golf Course as golf for up to three (3) years, with the expectation staff negotiate with representatives from El Conquistador Resort Patio Homes Association, the Shadows of the Ridge HOA #1, and the Shadows of the Ridge to enter into a financial agreement towards the course maintenance and operations. The Associations will annually, for up to five (5) consecutive years starting on February 1, 2022, pay the Town as delineated below. After year three (3), continued payment to the Town by the Associations shall be contingent upon continued operation of the Pusch Ridge Golf Course as golf, which will be determined by the Town Council once Town staff returns with an analysis regarding the course's long-term sustainability.  El Conquistador Resort Patio Homes Association: $28,800 Shadows of the Ridge HOA #1: $1,950 Shadows of the Ridge: $3,300 BACKGROUND OR DETAILED INFORMATION: In 2020, the Town considered closing and/or repurposing the Pusch Ridge 9-Hole Golf Course (“Pusch Course”). The neighboring homeowner associations (Associations) objected to the Town closing or repurposing the Pusch Course, and pledged a total of $34,050 for the Town to continue operating the property as golf.  Subsequently, on February 17, 2021, and March 3, 2021, the Mayor and Council directed Town staff to continue operating the Pusch Course as golf beginning in the Fall 2021. In addition, Town staff was to negotiate with the Associations for their pledged financial contributions regarding the 9-hole course, with the expectation to enter into an agreement similar to the previously executed financial agreement between the Town, Canada Hills Community Association/Canada Hills Master Community Association and the Villages of La Canada Master Association regarding the Town's two (2) 18-hole courses. This agreement is intended to satisfy the stated contingency and to avoid future disagreements. The three (3) HOA boards have reviewed and agreed to the attached agreement. FISCAL IMPACT: The Town will receive $34,050 per year for up to five (5) consecutive years beginning February 1, 2022, which will The Town will receive $34,050 per year for up to five (5) consecutive years beginning February 1, 2022, which will be placed in the Community Center Fund to be applied toward the tax subsidy of operating the Pusch Ridge 9-Hole Golf Course.   SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)21-43, authorizing and designating the Town Manager to enter into a financial agreement with El Conquistador Resort Patio Homes Association, Shadows of the Ridge HOA #1, and Shadows of the Ridge for the operation and maintenance of the Pusch Ridge Golf Course.   Attachments (R)21-43 Resolution  Pusch Ridge HOA Agreement  RESOLUTION NO. (R)21-43 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING TOWN MANAGER MARY JACOBS TO SIGN, ON BEHALF OF THE TOWN OF ORO VALLEY, AN AGREEMENT WITH THE 1) EL CONQUISTADOR RESORT PATIO HOMES ASSOCIATION, INC. AND 2) SHADOWS OF THE RIDGE HOMEOWNERS ASSOCIATION AND 3) SHADOWS OF THE RIDGE AT EL CONQUISTADOR PATIO HOMEOWNERS ASSOCIATION TO AID IN THE CONTINUING OPERATIONS OF THE 9-HOLE PUSCH RIDGE GOLF COURSE; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, the Town owns the 9-hole Pusch Ridge Golf Course; and WHEREAS, El Conquistador Resort Patio Homes Association, Inc., Shadows of the Ridge Homeowners Association and Shadows of the Ridge at El C onquistador Patio Homeowners Association (the “Associations) are associations with governance authority over certain residences and common areas in the O ro Valley community; and WHEREAS, the properties over which the Associations have governance authority directly abut or are proximate to the 9-hole Pusch Ridge Golf Course; and WHEREAS, the Town, and the Associations desire to enter into the Agreement attached hereto as Exhibit “A” as an incentive for the Town to continue operating the 9 -hole Pusch Ridge Golf Course; and WHEREAS, it is in the best interest of the Town to authorize Town Manager Mary Jacobs to sign, on behalf of the Town, the Town of Oro Valley’s Agreement with the Associations, attached hereto as Exhibit “A”, to aid in the continuing operation of the 9-hole Pusch Ridge Golf Course. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona that: SECTION 1. Town Manager Mary Jacobs is authorized to sign, on behalf of the Town, the Town of Oro Valley’s Agreement with the Associations, attached hereto as Exhibit “A”. SECTION 2. The Mayor and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. SECTION 3. the Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. SECTION 4. All Oro Valley resolutions or motions and pa rts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the Town of Oro Valley’s Agreement with the Associations, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 8th day of September, 2021. 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”    Town Council Regular Session H. Meeting Date:09/08/2021   Submitted By:David Gephart, Finance Department:Finance SUBJECT: Resolution No. (R)21-44, authorizing and approving renewal of a communications equipment site lease between T-Mobile and the Town of Oro Valley at 10555 N. La Canada Drive RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The Communications Equipment Site Lease with T-Mobile for their equipment on the Town's Community Center rooftop is set to expire on December 29, 2021.  This agreement was originally entered into by "Sheraton El Conquistador Resort and Country Club" in December 1996.  As part of the Town's acquisition of this property in 2015, the lease was assumed by the Town. T-Mobile, with the proposed Lease Amendment One, is requesting two additional five-year terms that, if both are exercised, will extend the term of this lease through December 2031.  T-Mobile is proposing an increase to the lease amount paid to the Town totaling $20,700 per year, with a 10% escalator at every five-year renewal.  This amounts to about a 6% increase over what is currently being paid to the Town under the legacy agreement ($19,502.41). BACKGROUND OR DETAILED INFORMATION: The Communications Equipment Site Lease with T-Mobile for their equipment on the Town Community Center rooftop is set to expire on December 29, 2021.  This agreement was originally entered into by "Sheraton El Conquistador Resort and Country Club" in December 1996.  As part of the Town's acquisition of this property in 2015, the lease was assumed by the Town.  The annual lease payment was $13,200, escalated by 5% for every five-year term renewal. T-Mobile, with the proposed Lease Amendment One, is requesting two additional five-year terms that, if both are exercised, will extend the term of this lease through December 2031.  T-Mobile is proposing an increase to the lease amount paid to the Town totaling $20,700 per year, with a 10% escalator at every five-year renewal.  This amounts to about a 6% increase over what is currently being paid to the Town under the legacy agreement ($19,502.41). As with all communications providers having equipment on Town property (excepting those who have equipment in Town right-of-way), T-Mobile is contending that in order to ensure continuity of services within their geographic service area, they are requesting the amendment to the existing lease be approved well in advance of the December 29 expiration. FISCAL IMPACT: Revenue of $20,700 per year, with a 10% escalator at every five-year renewal. SUGGESTED MOTION: I MOVE to APPROVE Resolution No. (R)21-44, authorizing and approving renewal of communications equipment I MOVE to APPROVE Resolution No. (R)21-44, authorizing and approving renewal of communications equipment site lease between T-Mobile and the Town of Oro Valley at 10555 N. La Canada Drive. Attachments (R)21-44 Resolution Comm. Site Lease  Original site lease agreement  Proposed renewal agreement  RESOLUTION NO. (R)21- 44 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING TOWN MANAGER TO SIGN, ON BEHALF OF THE TOWN, THE FIRST AMENDMENT TO ROOFTOP SITE LEASE WITH OPTION BETWEEN THE TOWN OF ORO VALLEY AND T-MOBILE WEST, LLC; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, On December 16, 1996, Sprint Spectrum L.P. entered into a Ro oftop Site Lease with Option (“Lease Agreement”) with Sheraton El Conquistador Resort & Country Club to lease the premises located at 10555 N. La Canada Dr., Oro Valley, AZ 85737 ; and WHEREAS, Sprint Spectrum L.P. is now known as T-Mobile West, LLC; and WHEREAS, On April 23, 2015, The Town of Oro Valley purchased the El Conquistador County Club and Golf Courses, including the premises located at 10555 N. La Canada Dr., Oro Valley, AZ 85737, making the Town of Oro Valley a successor in interest to the Lease Agreement entered into on December 16, 1996; and WHEREAS, The Lease Agreement entered into on December 16, 1996 is scheduled to expire on December 29, 2021; and WHEREAS, it is in the best interest of the Town to authorize Town Manager to sign, on behalf of the Town, the First Amendment to Rooftop Site Lease with Option, attached hereto as Exhibit “A”, to extend the term of the Lease Agreement for a period of five years, provide the Tenant , T- Mobile West, LLC, the option to renew the agreement for an additional five year term and to increase the rent due under the agreement; and WHEREAS, the Mayor and Council desire to authorize the Town of Oro Valley Town Manager to sign, on behalf of the Town, any renewals and minor amendments to the First Amendment to Rooftop Site Lease with Option, attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona that: SECTION 1. Town Manager is authorized to sign, on behalf of the Town, the First Amendment to Rooftop Site Lease with Option, attached hereto as Exhibit “A ”. SECTION 2. Town Manager is authorized to sign, on behalf of the Town, any renewals and minor amendments to the First Amendment to Rooftop Site Lease with Option, attached hereto as Exhibit “A”. SECTION 3. The Mayor and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as necessary to execute and implement the terms of the Agreement. SECTION 4. the Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolut ion. SECTION 5. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the First Amendment to Rooftop Site Lease with Option, attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 8th day of September 2021. 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” ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com ClibPDF - www.fastio.com T-Mobile Site No : PH50406A Market: PHX 1 FIRST AMENDMENT TO ROOFTOP SITE LEASE WITH OPTION THIS FIRST AMENDMENT TO ROOFTOP SITE LEASE WITH OPTION (“Amendment”) is made and entered into by and between Town of Oro Valley ("Landlord"), and T-Mobile West LLC, a Delaware limited liability company, formerly known as Sprint Spectrum L.P., a Delaware limited partnership T-Mobile West Corporation, a Delaware Corporation ("Tenant") (collectively the “Parties”) effective as of the date of the last of the Parties to execute this Amendment (the “Effective Date”). Recitals The P arties hereto recite, declare and agree as follows: A. Landlord and Tenant, or their respective predecessors in interest, entered into a ROOFTOP SITE LEASE WITH OPTION, dated December 6, 1996 (collectively the “Lease”) for leased premises as more particularly described in the Lease (the “Premises”) located at 10555 N. La Canada Dr., Oro Valley, AZ 85737 (the “Property”). B. Landlord and Tenant desire to enter into this Amendment in order to modify and amend certain provisions of the Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows: 1. Renewal Option and Term. The Parties acknowledge and agree that the current term of the Lease is scheduled to expire on December 29, 2021 (the “Current Term Expiration Date”). Landlord hereby grants to Tenant an option (the “Renewal Option”) to renew and extend the term for two (2) additional five (5) year periods (the “Renewal Terms”) commencing on December 30, 2021 and ending on December 30, 2031. Each Renewal Term shall commence immediately upon the expiration of the then current Renewal Term and upon the written consent of both parties, which consent shall not be unreasonably withheld, delayed or conditioned. The full execution of this Second Amendment shall be considered written consent for the first Renewal Term. 2. Rent (a) Commencing on the Effective Date , Rent shall be increased to One Thousand Seven Hundred Twenty- Five and 00/100 Dollars ($1,725.00) per month and shall be payable in advance, by the fifth (5th) day of each month. Rent for any partial month shall be prorated. (b) Commencing on the Effective Date , Rent shall be increased term by an amount equal to ten (10%) percent of the Rent in effect immediately prior to the adjustment date. 3. Notices. All notices, requests, demands and other communications shall be in writing and shall be effective three (3) business days after deposit in the U.S. mail, certified, return receipt requested or upon receipt if personally delivered or sent via a nationally recognized courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant, to: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/PH50406A If to Landlord, to: T-Mobile Site No : PH50406A Market: PHX 2 Town of Oro Valley 5. Terms; Conflicts. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the Lease. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this First Amendment, the terms and conditions of this First Amendment will govern and control. 6. Approvals. Landlord represents and warrants to Tenant that the consent or approval of no third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third party consent or approval is required, Landlord has obtained any and all s uch consents or approvals. 7. Authorization. The persons who have executed this First Amendment represent and warrant that they are duly authorized to execute this First Amendment in their individual or representative capacity as indicated. IN WITNESS WHEREOF, the P arties have executed this First Amendment on the day and year written below. Landlord: Town of Oro Valley Tenant: Sprint Spectrum L.P., a Delaware limited partnership By: By: Name: Name: Title: Title: Date: Date:    Town Council Regular Session I. Meeting Date:09/08/2021   Submitted By:David Gephart, Finance Department:Finance SUBJECT: Resolution No.(R)21-45, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY21-22 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Arizona Revised Statutes Section 41-1279.07(E) requires each county, city, town and community college district to annually provide to the Auditor General, by July 31, the name of the Chief Fiscal Officer (CFO) the governing board designated to submit the current year's annual expenditure limitation report (AELR). The Auditor General's Office has recently updated the CFO designation form to require documentation of the governing board's official designation authorizing the individual to submit the AELR as the CFO, such as a board resolution or meeting minutes. Council's action approving the attached resolution designating David Gephart as the Chief Fiscal Officer authorized to submit the AELR satisfies this requirement.  Council most recently took action on this item in May 2021 for the 2020-2021 fiscal year.  This item covers the following/current fiscal year 2021-2022. The AELR is prepared annually by the Town's independent auditors and is required to be filed with the Auditor General's Office by March 31 each year, or nine (9) months after fiscal year-end. The Town submitted its AELR for fiscal year 2020 prior to the March 31, 2021, deadline. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)21-45, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's annual expenditure limitation report (AELR) to the Auditor General for FY21-22.   Attachments (R)21-45 Resolution Chief Fiscal Officer  RESOLUTION NO. (R)21-45 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING DAVID GEPHART AS CHIEF FISCAL OFFICER, AUTHORIZED TO SUBMIT THE TOWN’S ANNUAL EXPENDITURE LIMITATION REPORT (AELR) TO THE AUDITOR GENERAL FOR FISCAL YEAR 21-22; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, AND CHIEF FISCAL OFFICER, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, Pursuant to A.R.S. 41-1279.07(E), each county, city, town, and community college district is required to annually provide the Auditor General by July 31 the name of the C hief Fiscal Officer the governing board designated to submit the current year’s Annual Expenditure Limitation Report (AELR); and WHEREAS, the Mayor and Council of the Town of Oro Valley, hereby designate David Gephart as Chief Fiscal Officer, authorized to submit the Town’s Annual Expenditure Limitation Report (AELR) to the Auditor General. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: SECTION 1. That David Gephart is designated as the Chief Fiscal Officer of the Town of Oro Valley, authorized to submit the Town’s Annual Expenditure Limitation Report (AELR) to the Auditor General. SECTION 2. The Town Manager, Town Clerk, Town Legal Services Director, and Chief Fiscal Officer, 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 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validit y 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. 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 8th day of September, 2021. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ Michael Standish, Town Clerk Tobin Sidles Legal Services Director Date: Date:    Town Council Regular Session J. Meeting Date:09/08/2021   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Approval of any direction to the Town Attorneys, Town Manager, and/or designated representatives as discussed in Executive Session regarding the property commonly known as the former Vistoso Golf Course RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve any direction to the Town Attorneys, Town Manager and/or designated representatives as discussed in executive session. Attachments No file(s) attached.    Town Council Regular Session 1. Meeting Date:09/08/2021   Requested by: Peter Abraham Submitted By:Peter Abraham, Water Department:Water SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED AMENDMENTS TO ORO VALLEY TOWN CODE CHAPTER 15, WATER CODE, TO INCORPORATE A POLICY PROHIBITING WATER WASTING, IMPOSE RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AND IMPOSE PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS A. RESOLUTION NO. (R)21-46, DECLARING THE AMENDED ORO VALLEY TOWN CODE CHAPTER 15 WATER CODE, ATTACHED HERETO AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD B. PUBLIC HEARING: ORDINANCE NO. (O)21-09, APPROVING THE PROPOSED AMENDMENTS TO ORO VALLEY TOWN CODE CHAPTER 15, WATER CODE TO INCORPORATE A POLICY PROHIBITING WATER WASTING, IMPOSE RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AND IMPOSE PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS (To speak virtually, register at https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. See below for complete instructions) RECOMMENDATION: The Water Utility Commission & Town staff respectfully recommend approval.   EXECUTIVE SUMMARY: In light of the 22-year drought experienced by Arizona, and the expectation of future Central Arizona Project (CAP) water delivery curtailments that could someday affect Oro Valley's CAP deliveries, the Water Utility Commission and staff recommend that now is an appropriate time to update the Water Code with respect to prohibiting water wasting, the imposition of water restrictions during a Town declared potable water shortage and imposition of penalties for failure to comply with water conservation requirements during a Town declared potable water shortage. BACKGROUND OR DETAILED INFORMATION: The amendments to the Water Code reflect proposed changes to update the code to improve the Water Utility's ability to manage the Town's water resource utilization in the event of localized and regional water supply shortages. The Water Code is currently outdated and limits the Utility's ability to enforce water conservation measures to ensure the community's public health and safety in times of water supply shortages. FISCAL IMPACT: N/A SUGGESTED MOTION: The Town Council may consider the following motions: The Town Council may consider the following motions: Item A: I MOVE to (approve or deny) Resolution No. (R)21-46, declaring the proposed code amendment to Oro Valley Town Code Chapter 15, water code, attached hereto as exhibit "A" and filed with the Town Clerk, a public record. Item B: I MOVE to (approve or deny) Ordinance No. (O)21-09, amending the Oro Valley Town Code Chapter 15, water code. Attachments (R)21-46 Resolution Water Code Amendments  Amended Water Code  (O)21-09 Ordinance Water Code  Water Code Amendment  Staff Presentation  RESOLUTION NO. (R)21-46 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A PUBLIC RECORD THE AMENDED ORO VALLEY TOWN CODE CHAPTER 15, WATER CODE, ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that the Amended Oro Valley Town Code Chapter 15, Water Code, attached hereto as Exhibit “A”, three copies of which are on file in the Office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 8th day of September, 2021. 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” D R A F T Final Draft D R A F T 1 Article 15-1 TITLE, INTENT AND PURPOSE, DEFINITIONS Sections: 15-1-1 Title 15-1-2 Intent and Purpose 15-1-3 Definitions 15-1-1 Title This code shall be known as and shall be entitled the Water Code of the Town of Oro Valley. Sections 15- 1-2 through 15-23-17 apply to the water utility and are referred to as the Water Utility Code. Article 15- 24 applies to stormwater which is under the Public Works Department, and is referred to as the Stormwater Code. ((O)07-41, Amended, 11/07/2007; 96-13, Enacted, 03/25/1996) 15-1-2 Intent and Purpose It is the intent and purpose of the Oro Valley Town Council, by adopting this Water Utility Code, to promote the health, safety, order, and general welfare of the present and future inhabitants of the Town; and those served by Town utilities outside the Town boundaries, and specifically to: A. Provide for safe and reliable water utility service to the inhabitants of the Town and those served outside the Town boundaries; B. Provide for the financial integrity of the Town water utility; C. Protect the health, safety and welfare of the inhabitants of the Town and those persons served by a Town utility outside the Town boundaries; D. Manage the water resources of the Town to protect the existing inhabitants of the Town and those served by a Town utility outside the Town boundaries, inhabitants of the Town and those served by a Town utility outside the Town boundaries, and to facilitate the economic development of the Town; E. Develop water resources for the benefit of those served by a Town utility; F. Provide for the expansion and improvement to the Town’s water utility system(s); and G. Secure economy in municipal expenditures and facilitate adequate provision of water system capacity and improvement. (96-13, Enacted, 03/25/1996) 15-1-3 Definitions In this Water Utility Code, unless the context otherwise requires, the following definitions shall apply: “Applicant” means a person requesting the Town to supply water service. “Application” means a request to the Town for water service or service area inclusion, as distinguished from an inquiry as to the availability or charge for such service or inclusion. D R A F T Final Draft D R A F T 2 “COMMERCIAL” MEANS A WATER USE CLASSFICATION THAT IS NON-RESIDENTIAL. A COMMERCIAL CLASSIFICATION IS USED TO IDENTIFY RETAIL, RESEARCH AND SERVICE ORIENTED BUSINESSES, RESTAURANTS, CHURCHES, INDUSTRIAL FACILITIES, PUBLIC INSTITUTIONS INCLUDING SCHOOLS AND GOVERNMENT AGENCIES. “Commodity charge” means the unit cost of billed usage, as set forth in the water rates and charges as adopted by Council resolution. “Contributions in aid of construction” means funds provided to the Town water utility by the applicant under the terms of a main extension agreement and/or service connection agreement the value of which are not refundable. “Curtailment” means the reduction of all or part of water services due to action by the Town Council or the Water Utility Director in response to a particular situation. “Customer” means the person or entity in whose name service is rendered, as evidenced by the name on the application or contractor for that service, or by the receipt and/or payment of bills regularly issued in his name regardless of the identity of the actual user of the water service. “Director of Water Utility” or “Water Utility Director,” for the purposes of this document, refers to the current or acting Water Utility Director, or his/her authorized representative. “Distribution main” means a water main of the Town water utility from which service connections may be extended to customers. “Main extension” means the mains and ancillary equipment necessary to extend the existing water distribution system to provide service to additional customers. “Master meter” means a meter for measuring or recording the flow of water at a single location where said water is transported through piping system to tenants or occupants for their individual consumption. “Meter” means the instrument for measuring and indicating or recording the volume of water that has passed through it from a point of delivery. “Meter tampering” means a situation where a meter has been illegally altered. Common examples are meter bypassing, use of magnets to slow the meter recording, broken meter seals, and destruction of equipment by unauthorized removal or attempted removal of a locking device. “Minimum charge” means the amount the customer must pay on a monthly basis for the availability of water service. “MULTI-FAMILY RESIDENTIAL” MEANS A WATER USE CLASSIFICATION FOR MASTER METERED RESIDENTIAL UNITS INCLUDING APARTMENTS, CONDOMINIUMS, AND GROUP LIVING FACILITIES, INCLUDING ASSISTED LIVING FACILITIES. “Person” means any individual, partnership, corporation, governmental agency, or other organization operating as a single entity. “Point of delivery” means the point where facilities owned, leased, or under license by a customer connect to the Town water utility’s pipes or at the outlet side of the meter. “RECURRING” MEANS AN EVENT THAT IS HAPPENING OR OCCURING FREQUENTLY, WITH REPETITION. D R A F T Final Draft D R A F T 3 “Service line” means a water line that transports water from a common source (normally a distribution main) of supply to the customer’s point of delivery. “Premises” means all of the real property and apparatus employed by a single enterprise on an integral parcel of land undivided by public streets, alleys, or other rights-of-way or easements. “Reclaimed water” means that water which originates from a reclaimed water facility and is distributed through the Town of Oro Valley’s reclaimed water distribution system for the express purpose of non- potable uses such as irrigation of turf and landscaping. For other definitions relative to reclaimed water, see Section 15-15-9. “RESIDENTIAL” MEANS A WATER USE CLASSIFICATION FOR SINGLE FAMILY HOMES THAT ARE INDIVIDUALLY METERED. THIS CLASSIFICATION ALSO INCLUDES PATIO HOMES, TOWNHOUSES AND CONDOMINIUMS THAT ARE INDIVIDUALLY METERED. “Service line” means a water line that transports water from a common source (normally a distribution main) of supply to the customer’s point of delivery. “System” means the Town of Oro Valley Water Utility, including all personal and real property. “WASTING WATER” MEANS INTENTIONALLY OR KNOWINGLY ALLOWING WATER TO ESCAPE, FLOW OR LEAK OFF OF PRIVATE PROPERTY ONTO ANOTHER PERSON’S PROPERTY OR ONTO PUBLIC PROPERTY; APPLYING LANDSCAPE WATER THROUGH COMPROMISED IRRIGATION SYSTEMS THAT ARE BROKEN OR LEAKING; FAILING TO REPAIR A CONTROLLABLE LEAK WITHIN A SPECIFIED TIME. SEE SECTION 15-18-3. ((O)07-41, Amended, 11/07/2007; 03-31, Amended, 10/01/2003; 96-13, Enacted, 03/25/1996) D R A F T Final Draft D R A F T 4 Article 15-18 WATER CONSERVATION Sections: 15-18-1 Purpose AND INTENT 15-18-2 Declaration of Policy 15-18-3 Water Conservation Compliance REQUIREMENTS – WASTING WATER PROHIBITED 15-18-4 Restricts During RESTRICTIONS - TOWN DECLARED Potable Water Shortages 15-18-5 Termination of Water Service for Violation 15-18-7 5 Penalties, VIOLATIONS AND INFORCEMENT 15-18 6 Variance 15-18 7 Penalties 15-18-8 Public Notifications 15-18-9 Disclaimer 15-18-10 Residential Rainwater Harvesting 15-18-11 Rainwater Harvesting for Commercial and Master Subdivision Development Projects 15-18-12 Graywater Use 15-18-1 Purpose AND INTENT The Town of Oro Valley has enacted an ordinance requiring water conservation at a local level. THE INTENT OF THIS ORDINANCE IS TO CONSERVE AND PROTECT THE TOWN’S HIGH QUALITY, SAFE AND RELIABLE WATER SUPPLY FOR THE CURRENT AND FUTURE NEEDS OF THE COMMUNITY. It is recognized that water conservation is also a regional issue that should be addressed in cooperation with other jurisdictions and water providers. The Town will cooperate with all water providers serving Oro Valley to develop a region-wide conservation plan with the focus on encouraging customers to minimize water usage and to utilize water more efficiently. Furthermore, because of the arid conditions present in the area, it is the policy of the Town of Oro Valley to encourage its water users to always conserve water voluntarily to the maximum extent practicable. WASTING WATER RESULTS IN THE LOSS OF A VALUABLE RESOURCE AND IS IN CONFLICT WITH WATER CONSERVATION EFFORTS. The Town of Oro Valley deems it necessary to establish policies, rules, regulations, penalties and plans for water conservation within the Town to be implemented by Oro Valley Water Utility customers during NORMAL OPERATIONS AND IN THE EVENT OF water shortages DECLARED BY THE TOWN as defined herein. (03-07, Amended, 03/05/2003) 15-18-2 Declaration of Policy It is hereby declared that, because of the water shortage conditions experienced in WATER RESOURCES ARE IMPORTANT TO THE SUSTAINABILITY OF the Town of Oro Valley, the general welfare requires that all the water resources available to the Town be put to the maximum beneficial use to the extent to which they are capable, and that waste, excessive use, or unreasonable method of use of water be prevented, and that conservation of water be exercised in the interests of the Town of Oro Valley and for the public welfare. (03-07, Added, 03/05/2003) 15-18-3 Water Conservation Compliance REQUIREMENTS - WASTING WATER PROHIBITED WATER CONSERVATION INCREASES THE TOWN’S ABILITY TO MEET THE LONG-TERM NEEDS OF THE COMMUNITY. It shall be unlawful AT ANY TIME for any customer of the Town of Oro Valley Water Utility D R A F T Final Draft D R A F T 5 to knowingly make, cause, use or permit the use of water provided by the Town for residential, commercial, industrial, agricultural, irrigation or any other purpose in a manner contrary to any provisions of this Code, or in an amount in excess of that use permitted under any Resource Status Level declared in accordance with this Code. A. NO PERSON OR ORGANIZATION SHALL KNOWINGLY WASTE WATER AT ANY TIME. THE FOLLOWING USES ARE CONSIDERED WASTING WATER AND ARE PROHIBITED: 1. RECURRENCE OF ESCAPING WATER FROM ANY PREMISES OR PRIVATE PROPERTY ONTO PUBLIC PROPERTY SUCH AS A GUTTER, STREET, SIDEWALK OR RIGHT-OF-WAY OR UPON ANY OTHER PERSON’S PROPERTY. EXCEPTIONS ARE PERMITTED THROUGH THE SANITARY SEWER FOR MONITORED DISCHARGE, SUCH AS DRAINING OF SWIMMING POOLS, IN COMPLIANCE WITH ARTICLE 15-24-14 STORMWATER MANAGEMENT AND DISCHARGE CONTROL. 2. USING WATER FOR WASHING DRIVEWAYS, SIDEWALKS, PARKING AREAS, OR OTHER IMPERVIOUS SURFACE AREAS WITH AN OPEN HOSE, OR WITH A SPRAY NOZZLE ATTACHED TO AN OPEN HOSE, OR UNDER REGULAR OR SYSTEM PRESSURE, EXCEPT WHEN REQUIRED TO ELIMINATE CONDITIONS THAT THREATEN THE PUBLIC HEALTH, SAFETY OR WELFARE. THIS RESTRICTION DOES NOT APPLY TO RESIDENTIAL OR MULTI-FAMILY RESIDENTIAL CUSTOMERS 3. THE RECURRING APPLICATION OF LANDSCAPE WATER IN SUCH A MANNER, RATE AND/OR QUANTITY THAT IT OVERFLOWS THE LANDSCAPED AREA BEING WATERED AND RUNS ONTO ADJACENT PROPERTY OR PUBLIC RIGHT-OF-WAY. 4. FAILING TO REPAIR A MANAGEABLE LEAK, INCLUDING A BROKEN OR LEAKING IRRIGATION COMPONENT OR BACKFLOW PREVENTION DEVICE WITHIN THREE WEEKS OF NOTIFICATION. 5. OPERATING A MISTING SYSTEM OUTSIDE OF THE OPERATOR’S NORMAL BUSINESS HOURS IN AN UNOCCUPIED NON-RESIDENTIAL AREAS. 6. FAILURE TO COMPLY WITH RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AS DESCRIBED IN SECTION 15-8-4. (03-07, Added, 03/05/2003) 15-18-4 Restricts RESTRICTIONS during TOWN DECLARED Potable Water Shortages To determine the need to impose restrictions, the following procedures shall be implemented during potential TOWN DECLARED potable water shortage conditions: A. DURING A PERIOD OF TOWN DECLARED POTABLE WATER SHORTAGE, the Water Utility Director, or a designated representative, shall project the supply and demand for water on a daily basis and shall advise the Town Manager on the extent of the use reduction required through the implementation and/or termination of a particular WATER CONSERVATION WATER RESTRICTION in order for the Water Utility to prudently plan for and supply water. B. The Town Manager, upon the recommendation of the Water Utility Director, or a designated representative, is hereby authorized to declare a Water Conservation WATER RESTRICTION in conformity with and based upon the Resource Status Levels set forth herein. D R A F T Final Draft D R A F T 6 C. Safe production capability is defined as ninety percent (90%) of the total available water system capacity (calculated over a 24-hour period), based upon distribution components, storage reserves, and weather conditions. D. Such declaration may designate the entire area served by the Oro Valley Water Utility, or a portion or portions of the service area as affected, in the event the shortage is not system-wide. E. Priority for potable water demand shall be designated as follows: Highest Priority - Residential indoor domestic use and fire protection. Second Highest Priority - Commercial/Institutional/Industrial uses. Third Highest Priority - Public and private landscape irrigation sites, including golf courses, athletic fields and parks. Lowest Priority - Other uses such as main flushing, street cleaning, pool filling SWIMMING POOLS, decorative facilities. Note: Per Arizona Administrative Code Title 18; Chapter 5; Note 1. Only a certified operator can make a decision about process control or system integrity regarding water quality or water quantity that affects public health; however, an administrator who is not a certified operator can make a planning decision regarding water quality or water quantity as long as the decision is not a direct operational process control or system integrity decision that affects public health. A certified operator will report supply conditions to the Water Utility Director, or a designated representative. F. The following Resource Status Levels are hereby prescribed: 1. Resource Status Level I: Periods when water demand is equal to safe production capability. 2. Resource Status Level II: Periods when water demand is greater than safe production capability for three (3) consecutive days. 3. Resource Status Level III: Periods when water demand is greater than safe production capability for two (2) consecutive weeks. 4. Resource Status Level IV: Periods when water demand exceeds total production capability. G. The following Water Conservation Levels shall govern the use of water by customers of the Oro Valley Water Utility, as prescribed below: 1. Water Conservation Level I: Voluntary Water Reductions. Water Conservation Level I shall be imposed when water demand is classified as Resource Status Level I. Water users shall be requested to voluntarily reduce water used for irrigation, vehicle and pavement washing, construction and other water consuming activities. Irrigation is defined as the application of water to residential lawns, landscaping, commercial and industrial turf areas (including golf courses), parks, and medians. 2. Water Conservation Level II: Water Restrictions. Water Conservation Level II shall be imposed when water demand is classified as Resource Status Level II. The following water uses shall be restricted or prohibited. No person shall: a. Wash vehicles unless a bucket and hose with a positive cutoff nozzle is used. No restrictions shall apply to commercial car washes. b. Wash paved areas as drives, sidewalks, or tennis courts; except reasons of health or safety. D R A F T Final Draft D R A F T 7 c. Continue normal irrigation practices. Potable water supply for irrigation of golf courses and large turf areas shall be reduced by 10%. Further reductions in irrigation use along with time restrictions may be imposed. Operations personnel shall recommend appropriate actions to balance the system to the Water Utility Director. No restrictions shall apply if treated effluent/reclaimed water is used. d. Use ornamental or public fountains and outdoor misting systems. e. Use water from a fire hydrant from 6:00 a.m. to 10:00 a.m. for construction water unless provided written approval of the Water Utility Director and Town Fire Marshall; and except for such use associated with firefighting activities. 3. Water Conservation Level III: Water RESTRICTIONS Emergency. Water Conservation Level III shall be imposed when water demand is classified as Resource Status Level III. In addition to the restrictions set forth in Section 15-18-4.F.2 above, the following water uses are further restricted or prohibited. No person shall: a. Fill or refill swimming pools, spas or wading pools unless for public health, safety or welfare. b. Potable water supply for irrigation golf courses and large turf areas shall be reduced by up to AN ADDITIONAL 50%. Further reductions in irrigation use along with time restrictions may be imposed. No restrictions shall apply if treated effluent/reclaimed water is used. c. Wash vehicles, paved areas, or use fire hydrants on a non-emergency basis without written approval of the Water Utility Director and the Town Fire Marshall. No restrictions shall apply to vehicles that must be washed for public health, safety or welfare, or to commercial car washes. d. Irrigate outdoors other than between the hours of 6:00 p.m. to 10:00 p.m. and 4:00 a.m. to 8:00 a.m. on Monday and Thursday for even-numbered street addresses and for odd-numbered street addresses and all others at these same times on Tuesday and Friday. No restrictions shall apply if treated effluent/reclaimed water is used. 4. Water Conservation Level IV: Water RESTRICTIONS CRISIS. Water Conservation Level IV shall be imposed when water demand is classified as Resource Status Level IV. The following water users shall be restricted or prohibited. No person shall: a. Do any of the acts prescribed in Section 15-18-4.F.2-3 above. b. Use any potable water for irrigation. c. Use fire hydrants, wash pavements, fill or refill SWIMMING pools, spas, outdoor misting systems or fountains unless for public health, safety or welfare. d. Use potable water for dust control on public or private streets or capital improvement projects. Includes all construction water. e. Use potable water in violation of any other restriction deemed necessary by the Mayor and Town Council for the purpose of protecting the health & welfare of the citizens of the Town of Oro Valley. f. No restrictions shall apply if treated effluent/reclaimed water is used. FAILURE TO COMPLY WITH WATER CONSERVATION LEVELS II – IV DURING A DECLARED POTABLE WATER SHORTAGE MAY RESULT IN PENALTIES AS DESCRIBED IN SECTIONS 15-8-5 B. D R A F T Final Draft D R A F T 8 15-18-6 5 Penalties, VIOLATIONS AND ENFORCEMENT A. PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS – WATER WASTING. 1. FOR A FIRST VIOLATION THE UTILITY SHALL ISSUE A WRITTEN “FIRST NOTICE OF VIOLATION” AND PROVIDE EDUCATIONAL MATERIALS ON WATER CONSERVATION, INCLUDING A COPY OF THE RELEVANT PROVISIONS OF THIS CHAPTER, BY MAIL TO THE SERVICE ADDRESS. THE UTILITY SHALL GIVE THE CUSTOMER THREE WEEKS FROM THE DATE OF THE WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 2. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “FIRST NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “SECOND NOTICE OF VIOLATION” WITH REFERENCE TO THE PREVIOUS VIOLATION AND POSSIBILITY OF FUTURE ACTIONS INCLUDING FINES AND DISCONTINUED WATER SERVICE. NOTIFICAITON WILL BE SENT BY MAIL TO THE SERVICE ADDRESS AND AN ATTEMPT TO CONTACT THE CUSTOMER OF RECORD VIA TELEPHONE. THE UTILITY SHALL GIVE THE WATER CUSTOMER THREE WEEKS FROM THE DATE OF THE SECOND WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 3. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “SECOND NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “THIRD NOTICE OF VIOLATION” DELIVERED BY CERTIFIED MAIL. ADDITIONALLY, A ONE HUNDRED DOLLAR ($100) FINE WILL BE IMPOSED. THE FINE SHALL BE ADDED TO THE CUSTOMER’S ACCOUNT. FAILURE TO PAY ANY PORTION OF A CUSTOMER’S ACCOUNT, INCLUDING ANY FINES IMPOSED PURSUANT TO THIS SECTION, SHALL SUBJECT SAID ACCOUNT TO TERMINATION OF WATER SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE UTILITY SHALL GIVE THE WATER CUSTOMER THREE WEEKS FROM THE DATE OF THE THIRD WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 4. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “THIRD NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “FOURTH OR SUBSEQUENT NOTICE OF VIOLATION” DELIVERED BY CERTIFIED MAIL. ADDITIONALLY, THE UTILITY SHALL IMPOSE A FINE EQUAL TO TWICE THE AVERAGE MONTHLY BILLING FOR THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD FOR THE METER THROUGH WHICH THE WATER WAS SUPPLIED. THIS FINE SHALL BE APPLIED EVERY MONTH CORRECTIVE ACTION IS NOT TAKEN. THE FINE SHALL BE ADDED TO THE CUSTOMER’S ACCOUNT. FAILURE TO PAY ANY PORTION OF A CUSTOMER’S ACCOUNT, INCLUDING ANY FINES IMPOSED PURSUANT TO THIS SECTION, SHALL SUBJECT SAID ACCOUNT TO TERMINATION OF WATER SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. B. PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION LEVELS II – IV DURING A TOWN DECLARED POTABLE WATER SHORTAGE (03-07, Added, 03/05/2003) D R A F T Final Draft D R A F T 9 1. Termination of Water Service for Violation. FAILURE TO COMPLY WITH ANY WATER CONSERVATION WATER RESTRICTION pertaining to water use or misuse, the Water Utility Director, or a designated representative, shall have authority to take actions, including mandatory measures up to and including disconnection of service, and other such enforcement actions as are required or deemed necessary to assure compliance with the WATER RESTRICTIONS SPECIFIED IN WATER CONSERVATION LEVELS II - IV. In notification of such a violation, a written notice shall be placed on the property where the violation occurred; and a duplicate shall be mailed to the billing account address for the service where the violation occurs, and to any other person known to the Water Utility who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, caused or abated immediately or within such specified time as the Water Utility determines is reasonable under the circumstances. If said order is not complied with, the Water Utility may forthwith disconnect the service where the violation occurs. If a service is disconnected, assessment of a reconnection fee will be assessed and collected before service is restored. 2. Upon a second violation at the same property or by the responsible party, disconnection may be ordered immediately, and the service shall not be reconnected unless a device supplied by the Water Utility that will restrict the flow of water to said service is installed. Furthermore, a fee for reconnection WILL BE ASSESSED AND COLLECTED BEFORE SERVICE IS RESTORED. 3. In addition to any other legal or equitable remedy to enforce the provisions of this Code, the Town of Oro Valley may terminate or suspend water service to property owned or controlled by any party in violation of any provision in this Code. The Water Utility Director, or a designated representative, may cause a notice of water termination to be served upon the violating party stating that service will be discontinued in a predetermined number of days unless a hearing is requested. C. RIGHT TO A HEARING A hearing may be requested in writing to the Town Manager, which shall be received by the Town Manager WATER UTILITY DIRECTOR OR DESIGNATED REPRESENTATIVE, on or before the expiration of said specified number of days. If a hearing is requested, the Town Manager WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, shall convene a hearing within three (3) business days of receipt of the written request. The requesting party may appear before the Town Manager WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, and may present such evidence and reasons such party may have for not effectuating a termination or suspension of water service and may bring to the hearing such other persons or evidence as such party may desire. After hearing, and upon finding that such a violation has occurred, the WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, may order that water service be terminated or suspended pending compliance with the provisions of this Code. Termination of water service and reconnection of service is subject to all applicable charges, fees and penalties. THE HEARING SHALL NOT BE CONDUCTED IN ACCORDANCE WITH THE FORMAL RULES OF EVIDENCE. TESTIMONY MAY BE TAKEN UNDER OATH, WITH THE RIGHT TO CROSS-EXAMINE WITNESSES. THE DECISION OF THE WATER UTILITY DIRECTOR, OR DESIGNATED REPRESENTATIVE SHALL BE FINAL. (03-07, Added, 03/05/2003) D R A F T Final Draft D R A F T 10 15-18-6 Variance The Water Utility Director, or a designated representative, may in writing, grant variances to persons who apply for usages of water not in compliance with the RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES described in 15-18-4. These variances may be granted if it is found that such water use is necessary to prevent an emergency condition relating to health, safety and general welfare or essential governmental services such as police, fire, and similar emergency services; or for customers who have made every reasonable effort to reduce water use yet are still prevented from compliance for reasons beyond their control. Efforts made to conserve water at the onset of drought conditions or periods of water shortage may be considered in granting said variance. (03-07, Added, 03/05/2003) 15-18-7 Penalties Any violation of any provision in this Code shall be a civil violation and shall be subject to a civil sanction not less than Fifty Dollars ($50.00) and not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for each day that the violation continues. The imposition of a civil sanction shall not be suspended. (03-07, Added, 03/05/2003) 15-18-8 Public Notification Town of Oro Valley Water Utility customers shall be notified of changes in Water Conservation Levels in conformity with and based upon the Resource Status Levels set by the Town Manager by the use of public notices, local newspapers, Public Service Announcements from radio and television, door hangers, water utility bills, and any other method FORM OF COMMUNICATION necessary to provide adequate notice to customers. (03-07, Added, 03/05/2003) 15-18-9 Disclaimer If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. (03-07, Added, 03/05/2003) 15-18-10 Residential Rainwater Harvesting Active and passive rainwater harvesting systems are allowed for use by residents of Oro Valley; provided, that active systems meet the requirements of applicable parts of Oro Valley Town ZONING Code Chapter 6 (Building) SECTION 27.6.D.4 AND CHAPTER 11.8 OF THE TOWN’S DRAINAGE CRITERIA MANUAL as to construction methods and that any system that ties into or uses potable water must have backflow protection installed and meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. All collection vessels must be covered and mosquito proof. In passive systems, all standing water must infiltrate into the soil within twelve (12) hours. No ponding allowed. ((O)07-19, Added, 03/21/2007) D R A F T Final Draft D R A F T 11 15-18-11Rainwater Harvesting for Commercial and Master Subdivision Development Projects Active and passive rainwater harvesting systems are allowed for use by these projects. All systems must first be approved MEET THE REQUIREMENTS OF SECTION 27.6.D.4 OF THE ORO VALLEY ZONING CODE AND CHAPER 11.8 OF THE TOWN’S DRAINAGE CRITERIA MANUAL under the Drainage Review Criteria Manual and the Town Engineer prior to installation and meet current Oro Valley Town Code Chapter 6 (Building) as to construction methods. Any system that ties into or uses potable water must have backflow protection installed and meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. All collection vessels must be covered and mosquito proof. For passive systems, all standing water must infiltrate into the soil within twelve (12) hours. No ponding allowed. ((O)07-19, Added, 03/21/2007) 15-18-12 Graywater Use Graywater use is allowed for use by Oro Valley Water Utility customers; provided, that all guidelines imposed by ADEQ are met and that design, construction and operation of the system meet requirements of THE INTERNATIONAL PLUMBING CODE, CHAPTER 13 (GRAYWATER RECYCLING SYSTEMS) the Oro Valley Town Code Chapter 6 (Building). All graywater systems must have backflow protection installed and must meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. ((O)07-18, Added, 03/21/2007) D R A F T Final Draft D R A F T 12 Article 15-19 VIOLATIONS Sections: 15-19-1 Installation, Repair by UNAUTHORIZED Individuals Prohibited 15-19-2 Turning On Water without Authority 15-19-3 Escaping Water; Violation Declared a Civil Infraction 15-19-4 15-19-3 Interfering With; Tampering with Water Facilities; Removing Water 15-19-5 15-19-4 Damaging, Defacing Water Facilities 15-19-6 15-19-5 Penalties 15-19-1 Installation, Repair by UNAUTHORIZED Individuals Prohibited All water services to be installed by the Town of Oro Valley Water Utility shall only be installed by the Town or its authorized employees or agents as provided for in this Water Utility Code. It shall be unlawful for any person to install any such service or any part of such service, or to repair any service now existing or any part thereof, from the water mains to and including the meter, or disturb any right of way easement, street or alley in any manner for the purpose of locating problems with the water system or for any other reason whatsoever. ANY VIOLATION SHALL BE A CLASS ONE MISDEMEANOR UNLESS SPECIFICALLY STATED OTHERWISE. 15-19-2 Turning On Water without Authority If any person shall, by false key or otherwise, after the water has been shut off from any premises, cause such premises to be supplied with water, such person, his aiders and abettors, shall be guilty of a Class One Misdemeanor. 15-19-3 Escaping Water; Violation Declared a Civil Infraction No person shall intentionally allow water to escape from his premises upon public property, such as alleys, roads or streets, nor upon any other person’s property 15-19-4 15-19-3 Interfering With; Tampering with Water Facilities; Removing Water No person shall open or close any fire hydrant or stopcock connected with the water system of the Town of Oro Valley, or lift or remove the covers of any gate valves or shutoffs, or tap into Town water mains or otherwise remove water from the Town water utility system without a permit from the Director of the Town Water Utility, or in violation of conditions of a permit, except in case of fire, and then under the direction of the officers of the fire suppression service provider. Any violation shall be a Class One Misdemeanor unless specifically stated otherwise. 15-19-5 15-19-4 Damaging, Defacing Water Facilities If a person shall destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any reservoir, building, storage tank, or appurtenances, fences, trees, or fixtures or property appertaining to the water utility of the Town, such person shall be guilty of a Class One Misdemeanor. 15-19-6 15-19-5 Penalties Any person, firm, partnership, or corporation violating any of the provisions of Title 9 of the Oro Valley Water Utility Code shall be guilty of a Class One Misdemeanor. Each day that a violation is permitted to D R A F T Final Draft D R A F T 13 exist shall constitute a separate offense. The imposition of any sentence or fine shall not exempt the offender from compliance with the provisions of this Code. ORDINANCE NO. (O)21-09 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING ORO VALLEY TOWN CODE CHAPTER 15, WATER CODE TO INCORPORATE A POLICY PROHIBITING WATER WASTING , IMPOSE RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AND IMPOSE PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS WHEREAS, on March 25, 1996, the Town Council approved Ordinance No. (O)96-13 adding Chapter 15, Water Code to the Oro Valley Town Code; and WHEREAS, the 22-year drought experienced by Arizona, and the expectation of future Central Arizona Project (CAP) water delivery curtailments will imminently affect Oro Valley's CAP deliveries ; and WHEREAS, it is necessary to update Chapter 15, Water Code to prohibit water wasting, impose restrictions during Town declared potable water shortages and impose penalties for failure to comply with water conservation requirements. NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. The certain document known as the “Oro Valley Town Code, Chapter 15, Water Code” declared a public record by Resolution No. (R)21-46 and incorporated herein by reference, is hereby amended. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and part of Ordinances, Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 8th day of September 2021. 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 “B ” D R A F T Final Draft D R A F T 1 Article 15-1 TITLE, INTENT AND PURPOSE, DEFINITIONS Sections: 15-1-1 Title 15-1-2 Intent and Purpose 15-1-3 Definitions 15-1-1 Title This code shall be known as and shall be entitled the Water Code of the Town of Oro Valley. Sections 15- 1-2 through 15-23-17 apply to the water utility and are referred to as the Water Utility Code. Article 15- 24 applies to stormwater which is under the Public Works Department, and is referred to as the Stormwater Code. ((O)07-41, Amended, 11/07/2007; 96-13, Enacted, 03/25/1996) 15-1-2 Intent and Purpose It is the intent and purpose of the Oro Valley Town Council, by adopting this Water Utility Code, to promote the health, safety, order, and general welfare of the present and future inhabitants of the Town; and those served by Town utilities outside the Town boundaries, and specifically to: A. Provide for safe and reliable water utility service to the inhabitants of the Town and those served outside the Town boundaries; B. Provide for the financial integrity of the Town water utility; C. Protect the health, safety and welfare of the inhabitants of the Town and those persons served by a Town utility outside the Town boundaries; D. Manage the water resources of the Town to protect the existing inhabitants of the Town and those served by a Town utility outside the Town boundaries, inhabitants of the Town and those served by a Town utility outside the Town boundaries, and to facilitate the economic development of the Town; E. Develop water resources for the benefit of those served by a Town utility; F. Provide for the expansion and improvement to the Town’s water utility system(s); and G. Secure economy in municipal expenditures and facilitate adequate provision of water system capacity and improvement. (96-13, Enacted, 03/25/1996) 15-1-3 Definitions In this Water Utility Code, unless the context otherwise requires, the following definitions shall apply: “Applicant” means a person requesting the Town to supply water service. “Application” means a request to the Town for water service or service area inclusion, as distinguished from an inquiry as to the availability or charge for such service or inclusion. D R A F T Final Draft D R A F T 2 “COMMERCIAL” MEANS A WATER USE CLASSFICATION THAT IS NON-RESIDENTIAL. A COMMERCIAL CLASSIFICATION IS USED TO IDENTIFY RETAIL, RESEARCH AND SERVICE ORIENTED BUSINESSES, RESTAURANTS, CHURCHES, INDUSTRIAL FACILITIES, PUBLIC INSTITUTIONS INCLUDING SCHOOLS AND GOVERNMENT AGENCIES. “Commodity charge” means the unit cost of billed usage, as set forth in the water rates and charges as adopted by Council resolution. “Contributions in aid of construction” means funds provided to the Town water utility by the applicant under the terms of a main extension agreement and/or service connection agreement the value of which are not refundable. “Curtailment” means the reduction of all or part of water services due to action by the Town Council or the Water Utility Director in response to a particular situation. “Customer” means the person or entity in whose name service is rendered, as evidenced by the name on the application or contractor for that service, or by the receipt and/or payment of bills regularly issued in his name regardless of the identity of the actual user of the water service. “Director of Water Utility” or “Water Utility Director,” for the purposes of this document, refers to the current or acting Water Utility Director, or his/her authorized representative. “Distribution main” means a water main of the Town water utility from which service connections may be extended to customers. “Main extension” means the mains and ancillary equipment necessary to extend the existing water distribution system to provide service to additional customers. “Master meter” means a meter for measuring or recording the flow of water at a single location where said water is transported through piping system to tenants or occupants for their individual consumption. “Meter” means the instrument for measuring and indicating or recording the volume of water that has passed through it from a point of delivery. “Meter tampering” means a situation where a meter has been illegally altered. Common examples are meter bypassing, use of magnets to slow the meter recording, broken meter seals, and destruction of equipment by unauthorized removal or attempted removal of a locking device. “Minimum charge” means the amount the customer must pay on a monthly basis for the availability of water service. “MULTI-FAMILY RESIDENTIAL” MEANS A WATER USE CLASSIFICATION FOR MASTER METERED RESIDENTIAL UNITS INCLUDING APARTMENTS, CONDOMINIUMS, AND GROUP LIVING FACILITIES, INCLUDING ASSISTED LIVING FACILITIES. “Person” means any individual, partnership, corporation, governmental agency, or other organization operating as a single entity. “Point of delivery” means the point where facilities owned, leased, or under license by a customer connect to the Town water utility’s pipes or at the outlet side of the meter. “RECURRING” MEANS AN EVENT THAT IS HAPPENING OR OCCURING FREQUENTLY, WITH REPETITION. D R A F T Final Draft D R A F T 3 “Service line” means a water line that transports water from a common source (normally a distribution main) of supply to the customer’s point of delivery. “Premises” means all of the real property and apparatus employed by a single enterprise on an integral parcel of land undivided by public streets, alleys, or other rights-of-way or easements. “Reclaimed water” means that water which originates from a reclaimed water facility and is distributed through the Town of Oro Valley’s reclaimed water distribution system for the express purpose of non- potable uses such as irrigation of turf and landscaping. For other definitions relative to reclaimed water, see Section 15-15-9. “RESIDENTIAL” MEANS A WATER USE CLASSIFICATION FOR SINGLE FAMILY HOMES THAT ARE INDIVIDUALLY METERED. THIS CLASSIFICATION ALSO INCLUDES PATIO HOMES, TOWNHOUSES AND CONDOMINIUMS THAT ARE INDIVIDUALLY METERED. “Service line” means a water line that transports water from a common source (normally a distribution main) of supply to the customer’s point of delivery. “System” means the Town of Oro Valley Water Utility, including all personal and real property. “WASTING WATER” MEANS INTENTIONALLY OR KNOWINGLY ALLOWING WATER TO ESCAPE, FLOW OR LEAK OFF OF PRIVATE PROPERTY ONTO ANOTHER PERSON’S PROPERTY OR ONTO PUBLIC PROPERTY; APPLYING LANDSCAPE WATER THROUGH COMPROMISED IRRIGATION SYSTEMS THAT ARE BROKEN OR LEAKING; FAILING TO REPAIR A CONTROLLABLE LEAK WITHIN A SPECIFIED TIME. SEE SECTION 15-18-3. ((O)07-41, Amended, 11/07/2007; 03-31, Amended, 10/01/2003; 96-13, Enacted, 03/25/1996) D R A F T Final Draft D R A F T 4 Article 15-18 WATER CONSERVATION Sections: 15-18-1 Purpose AND INTENT 15-18-2 Declaration of Policy 15-18-3 Water Conservation Compliance REQUIREMENTS – WASTING WATER PROHIBITED 15-18-4 Restricts During RESTRICTIONS - TOWN DECLARED Potable Water Shortages 15-18-5 Termination of Water Service for Violation 15-18-7 5 Penalties, VIOLATIONS AND INFORCEMENT 15-18 6 Variance 15-18 7 Penalties 15-18-8 Public Notifications 15-18-9 Disclaimer 15-18-10 Residential Rainwater Harvesting 15-18-11 Rainwater Harvesting for Commercial and Master Subdivision Development Projects 15-18-12 Graywater Use 15-18-1 Purpose AND INTENT The Town of Oro Valley has enacted an ordinance requiring water conservation at a local level. THE INTENT OF THIS ORDINANCE IS TO CONSERVE AND PROTECT THE TOWN’S HIGH QUALITY, SAFE AND RELIABLE WATER SUPPLY FOR THE CURRENT AND FUTURE NEEDS OF THE COMMUNITY. It is recognized that water conservation is also a regional issue that should be addressed in cooperation with other jurisdictions and water providers. The Town will cooperate with all water providers serving Oro Valley to develop a region-wide conservation plan with the focus on encouraging customers to minimize water usage and to utilize water more efficiently. Furthermore, because of the arid conditions present in the area, it is the policy of the Town of Oro Valley to encourage its water users to always conserve water voluntarily to the maximum extent practicable. WASTING WATER RESULTS IN THE LOSS OF A VALUABLE RESOURCE AND IS IN CONFLICT WITH WATER CONSERVATION EFFORTS. The Town of Oro Valley deems it necessary to establish policies, rules, regulations, penalties and plans for water conservation within the Town to be implemented by Oro Valley Water Utility customers during NORMAL OPERATIONS AND IN THE EVENT OF water shortages DECLARED BY THE TOWN as defined herein. (03-07, Amended, 03/05/2003) 15-18-2 Declaration of Policy It is hereby declared that, because of the water shortage conditions experienced in WATER RESOURCES ARE IMPORTANT TO THE SUSTAINABILITY OF the Town of Oro Valley, the general welfare requires that all the water resources available to the Town be put to the maximum beneficial use to the extent to which they are capable, and that waste, excessive use, or unreasonable method of use of water be prevented, and that conservation of water be exercised in the interests of the Town of Oro Valley and for the public welfare. (03-07, Added, 03/05/2003) 15-18-3 Water Conservation Compliance REQUIREMENTS - WASTING WATER PROHIBITED WATER CONSERVATION INCREASES THE TOWN’S ABILITY TO MEET THE LONG-TERM NEEDS OF THE COMMUNITY. It shall be unlawful AT ANY TIME for any customer of the Town of Oro Valley Water Utility D R A F T Final Draft D R A F T 5 to knowingly make, cause, use or permit the use of water provided by the Town for residential, commercial, industrial, agricultural, irrigation or any other purpose in a manner contrary to any provisions of this Code, or in an amount in excess of that use permitted under any Resource Status Level declared in accordance with this Code. A. NO PERSON OR ORGANIZATION SHALL KNOWINGLY WASTE WATER AT ANY TIME. THE FOLLOWING USES ARE CONSIDERED WASTING WATER AND ARE PROHIBITED: 1. RECURRENCE OF ESCAPING WATER FROM ANY PREMISES OR PRIVATE PROPERTY ONTO PUBLIC PROPERTY SUCH AS A GUTTER, STREET, SIDEWALK OR RIGHT-OF-WAY OR UPON ANY OTHER PERSON’S PROPERTY. EXCEPTIONS ARE PERMITTED THROUGH THE SANITARY SEWER FOR MONITORED DISCHARGE, SUCH AS DRAINING OF SWIMMING POOLS, IN COMPLIANCE WITH ARTICLE 15-24-14 STORMWATER MANAGEMENT AND DISCHARGE CONTROL. 2. USING WATER FOR WASHING DRIVEWAYS, SIDEWALKS, PARKING AREAS, OR OTHER IMPERVIOUS SURFACE AREAS WITH AN OPEN HOSE, OR WITH A SPRAY NOZZLE ATTACHED TO AN OPEN HOSE, OR UNDER REGULAR OR SYSTEM PRESSURE, EXCEPT WHEN REQUIRED TO ELIMINATE CONDITIONS THAT THREATEN THE PUBLIC HEALTH, SAFETY OR WELFARE. THIS RESTRICTION DOES NOT APPLY TO RESIDENTIAL OR MULTI-FAMILY RESIDENTIAL CUSTOMERS 3. THE RECURRING APPLICATION OF LANDSCAPE WATER IN SUCH A MANNER, RATE AND/OR QUANTITY THAT IT OVERFLOWS THE LANDSCAPED AREA BEING WATERED AND RUNS ONTO ADJACENT PROPERTY OR PUBLIC RIGHT-OF-WAY. 4. FAILING TO REPAIR A MANAGEABLE LEAK, INCLUDING A BROKEN OR LEAKING IRRIGATION COMPONENT OR BACKFLOW PREVENTION DEVICE WITHIN THREE WEEKS OF NOTIFICATION. 5. OPERATING A MISTING SYSTEM OUTSIDE OF THE OPERATOR’S NORMAL BUSINESS HOURS IN AN UNOCCUPIED NON-RESIDENTIAL AREAS. 6. FAILURE TO COMPLY WITH RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AS DESCRIBED IN SECTION 15-8-4. (03-07, Added, 03/05/2003) 15-18-4 Restricts RESTRICTIONS during TOWN DECLARED Potable Water Shortages To determine the need to impose restrictions, the following procedures shall be implemented during potential TOWN DECLARED potable water shortage conditions: A. DURING A PERIOD OF TOWN DECLARED POTABLE WATER SHORTAGE, the Water Utility Director, or a designated representative, shall project the supply and demand for water on a daily basis and shall advise the Town Manager on the extent of the use reduction required through the implementation and/or termination of a particular WATER CONSERVATION WATER RESTRICTION in order for the Water Utility to prudently plan for and supply water. B. The Town Manager, upon the recommendation of the Water Utility Director, or a designated representative, is hereby authorized to declare a Water Conservation WATER RESTRICTION in conformity with and based upon the Resource Status Levels set forth herein. D R A F T Final Draft D R A F T 6 C. Safe production capability is defined as ninety percent (90%) of the total available water system capacity (calculated over a 24-hour period), based upon distribution components, storage reserves, and weather conditions. D. Such declaration may designate the entire area served by the Oro Valley Water Utility, or a portion or portions of the service area as affected, in the event the shortage is not system-wide. E. Priority for potable water demand shall be designated as follows: Highest Priority - Residential indoor domestic use and fire protection. Second Highest Priority - Commercial/Institutional/Industrial uses. Third Highest Priority - Public and private landscape irrigation sites, including golf courses, athletic fields and parks. Lowest Priority - Other uses such as main flushing, street cleaning, pool filling SWIMMING POOLS, decorative facilities. Note: Per Arizona Administrative Code Title 18; Chapter 5; Note 1. Only a certified operator can make a decision about process control or system integrity regarding water quality or water quantity that affects public health; however, an administrator who is not a certified operator can make a planning decision regarding water quality or water quantity as long as the decision is not a direct operational process control or system integrity decision that affects public health. A certified operator will report supply conditions to the Water Utility Director, or a designated representative. F. The following Resource Status Levels are hereby prescribed: 1. Resource Status Level I: Periods when water demand is equal to safe production capability. 2. Resource Status Level II: Periods when water demand is greater than safe production capability for three (3) consecutive days. 3. Resource Status Level III: Periods when water demand is greater than safe production capability for two (2) consecutive weeks. 4. Resource Status Level IV: Periods when water demand exceeds total production capability. G. The following Water Conservation Levels shall govern the use of water by customers of the Oro Valley Water Utility, as prescribed below: 1. Water Conservation Level I: Voluntary Water Reductions. Water Conservation Level I shall be imposed when water demand is classified as Resource Status Level I. Water users shall be requested to voluntarily reduce water used for irrigation, vehicle and pavement washing, construction and other water consuming activities. Irrigation is defined as the application of water to residential lawns, landscaping, commercial and industrial turf areas (including golf courses), parks, and medians. 2. Water Conservation Level II: Water Restrictions. Water Conservation Level II shall be imposed when water demand is classified as Resource Status Level II. The following water uses shall be restricted or prohibited. No person shall: a. Wash vehicles unless a bucket and hose with a positive cutoff nozzle is used. No restrictions shall apply to commercial car washes. b. Wash paved areas as drives, sidewalks, or tennis courts; except reasons of health or safety. D R A F T Final Draft D R A F T 7 c. Continue normal irrigation practices. Potable water supply for irrigation of golf courses and large turf areas shall be reduced by 10%. Further reductions in irrigation use along with time restrictions may be imposed. Operations personnel shall recommend appropriate actions to balance the system to the Water Utility Director. No restrictions shall apply if treated effluent/reclaimed water is used. d. Use ornamental or public fountains and outdoor misting systems. e. Use water from a fire hydrant from 6:00 a.m. to 10:00 a.m. for construction water unless provided written approval of the Water Utility Director and Town Fire Marshall; and except for such use associated with firefighting activities. 3. Water Conservation Level III: Water RESTRICTIONS Emergency. Water Conservation Level III shall be imposed when water demand is classified as Resource Status Level III. In addition to the restrictions set forth in Section 15-18-4.F.2 above, the following water uses are further restricted or prohibited. No person shall: a. Fill or refill swimming pools, spas or wading pools unless for public health, safety or welfare. b. Potable water supply for irrigation golf courses and large turf areas shall be reduced by up to AN ADDITIONAL 50%. Further reductions in irrigation use along with time restrictions may be imposed. No restrictions shall apply if treated effluent/reclaimed water is used. c. Wash vehicles, paved areas, or use fire hydrants on a non-emergency basis without written approval of the Water Utility Director and the Town Fire Marshall. No restrictions shall apply to vehicles that must be washed for public health, safety or welfare, or to commercial car washes. d. Irrigate outdoors other than between the hours of 6:00 p.m. to 10:00 p.m. and 4:00 a.m. to 8:00 a.m. on Monday and Thursday for even-numbered street addresses and for odd-numbered street addresses and all others at these same times on Tuesday and Friday. No restrictions shall apply if treated effluent/reclaimed water is used. 4. Water Conservation Level IV: Water RESTRICTIONS CRISIS. Water Conservation Level IV shall be imposed when water demand is classified as Resource Status Level IV. The following water users shall be restricted or prohibited. No person shall: a. Do any of the acts prescribed in Section 15-18-4.F.2-3 above. b. Use any potable water for irrigation. c. Use fire hydrants, wash pavements, fill or refill SWIMMING pools, spas, outdoor misting systems or fountains unless for public health, safety or welfare. d. Use potable water for dust control on public or private streets or capital improvement projects. Includes all construction water. e. Use potable water in violation of any other restriction deemed necessary by the Mayor and Town Council for the purpose of protecting the health & welfare of the citizens of the Town of Oro Valley. f. No restrictions shall apply if treated effluent/reclaimed water is used. FAILURE TO COMPLY WITH WATER CONSERVATION LEVELS II – IV DURING A DECLARED POTABLE WATER SHORTAGE MAY RESULT IN PENALTIES AS DESCRIBED IN SECTIONS 15-8-5 B. D R A F T Final Draft D R A F T 8 15-18-6 5 Penalties, VIOLATIONS AND ENFORCEMENT A. PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS – WATER WASTING. 1. FOR A FIRST VIOLATION THE UTILITY SHALL ISSUE A WRITTEN “FIRST NOTICE OF VIOLATION” AND PROVIDE EDUCATIONAL MATERIALS ON WATER CONSERVATION, INCLUDING A COPY OF THE RELEVANT PROVISIONS OF THIS CHAPTER, BY MAIL TO THE SERVICE ADDRESS. THE UTILITY SHALL GIVE THE CUSTOMER THREE WEEKS FROM THE DATE OF THE WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 2. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “FIRST NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “SECOND NOTICE OF VIOLATION” WITH REFERENCE TO THE PREVIOUS VIOLATION AND POSSIBILITY OF FUTURE ACTIONS INCLUDING FINES AND DISCONTINUED WATER SERVICE. NOTIFICAITON WILL BE SENT BY MAIL TO THE SERVICE ADDRESS AND AN ATTEMPT TO CONTACT THE CUSTOMER OF RECORD VIA TELEPHONE. THE UTILITY SHALL GIVE THE WATER CUSTOMER THREE WEEKS FROM THE DATE OF THE SECOND WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 3. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “SECOND NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “THIRD NOTICE OF VIOLATION” DELIVERED BY CERTIFIED MAIL. ADDITIONALLY, A ONE HUNDRED DOLLAR ($100) FINE WILL BE IMPOSED. THE FINE SHALL BE ADDED TO THE CUSTOMER’S ACCOUNT. FAILURE TO PAY ANY PORTION OF A CUSTOMER’S ACCOUNT, INCLUDING ANY FINES IMPOSED PURSUANT TO THIS SECTION, SHALL SUBJECT SAID ACCOUNT TO TERMINATION OF WATER SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE UTILITY SHALL GIVE THE WATER CUSTOMER THREE WEEKS FROM THE DATE OF THE THIRD WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 4. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “THIRD NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “FOURTH OR SUBSEQUENT NOTICE OF VIOLATION” DELIVERED BY CERTIFIED MAIL. ADDITIONALLY, THE UTILITY SHALL IMPOSE A FINE EQUAL TO TWICE THE AVERAGE MONTHLY BILLING FOR THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD FOR THE METER THROUGH WHICH THE WATER WAS SUPPLIED. THIS FINE SHALL BE APPLIED EVERY MONTH CORRECTIVE ACTION IS NOT TAKEN. THE FINE SHALL BE ADDED TO THE CUSTOMER’S ACCOUNT. FAILURE TO PAY ANY PORTION OF A CUSTOMER’S ACCOUNT, INCLUDING ANY FINES IMPOSED PURSUANT TO THIS SECTION, SHALL SUBJECT SAID ACCOUNT TO TERMINATION OF WATER SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. B. PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION LEVELS II – IV DURING A TOWN DECLARED POTABLE WATER SHORTAGE (03-07, Added, 03/05/2003) D R A F T Final Draft D R A F T 9 1. Termination of Water Service for Violation. FAILURE TO COMPLY WITH ANY WATER CONSERVATION WATER RESTRICTION pertaining to water use or misuse, the Water Utility Director, or a designated representative, shall have authority to take actions, including mandatory measures up to and including disconnection of service, and other such enforcement actions as are required or deemed necessary to assure compliance with the WATER RESTRICTIONS SPECIFIED IN WATER CONSERVATION LEVELS II - IV. In notification of such a violation, a written notice shall be placed on the property where the violation occurred; and a duplicate shall be mailed to the billing account address for the service where the violation occurs, and to any other person known to the Water Utility who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, caused or abated immediately or within such specified time as the Water Utility determines is reasonable under the circumstances. If said order is not complied with, the Water Utility may forthwith disconnect the service where the violation occurs. If a service is disconnected, assessment of a reconnection fee will be assessed and collected before service is restored. 2. Upon a second violation at the same property or by the responsible party, disconnection may be ordered immediately, and the service shall not be reconnected unless a device supplied by the Water Utility that will restrict the flow of water to said service is installed. Furthermore, a fee for reconnection WILL BE ASSESSED AND COLLECTED BEFORE SERVICE IS RESTORED. 3. In addition to any other legal or equitable remedy to enforce the provisions of this Code, the Town of Oro Valley may terminate or suspend water service to property owned or controlled by any party in violation of any provision in this Code. The Water Utility Director, or a designated representative, may cause a notice of water termination to be served upon the violating party stating that service will be discontinued in a predetermined number of days unless a hearing is requested. C. RIGHT TO A HEARING A hearing may be requested in writing to the Town Manager, which shall be received by the Town Manager WATER UTILITY DIRECTOR OR DESIGNATED REPRESENTATIVE, on or before the expiration of said specified number of days. If a hearing is requested, the Town Manager WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, shall convene a hearing within three (3) business days of receipt of the written request. The requesting party may appear before the Town Manager WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, and may present such evidence and reasons such party may have for not effectuating a termination or suspension of water service and may bring to the hearing such other persons or evidence as such party may desire. After hearing, and upon finding that such a violation has occurred, the WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, may order that water service be terminated or suspended pending compliance with the provisions of this Code. Termination of water service and reconnection of service is subject to all applicable charges, fees and penalties. THE HEARING SHALL NOT BE CONDUCTED IN ACCORDANCE WITH THE FORMAL RULES OF EVIDENCE. TESTIMONY MAY BE TAKEN UNDER OATH, WITH THE RIGHT TO CROSS-EXAMINE WITNESSES. THE DECISION OF THE WATER UTILITY DIRECTOR, OR DESIGNATED REPRESENTATIVE SHALL BE FINAL. (03-07, Added, 03/05/2003) D R A F T Final Draft D R A F T 10 15-18-6 Variance The Water Utility Director, or a designated representative, may in writing, grant variances to persons who apply for usages of water not in compliance with the RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES described in 15-18-4. These variances may be granted if it is found that such water use is necessary to prevent an emergency condition relating to health, safety and general welfare or essential governmental services such as police, fire, and similar emergency services; or for customers who have made every reasonable effort to reduce water use yet are still prevented from compliance for reasons beyond their control. Efforts made to conserve water at the onset of drought conditions or periods of water shortage may be considered in granting said variance. (03-07, Added, 03/05/2003) 15-18-7 Penalties Any violation of any provision in this Code shall be a civil violation and shall be subject to a civil sanction not less than Fifty Dollars ($50.00) and not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for each day that the violation continues. The imposition of a civil sanction shall not be suspended. (03-07, Added, 03/05/2003) 15-18-8 Public Notification Town of Oro Valley Water Utility customers shall be notified of changes in Water Conservation Levels in conformity with and based upon the Resource Status Levels set by the Town Manager by the use of public notices, local newspapers, Public Service Announcements from radio and television, door hangers, water utility bills, and any other method FORM OF COMMUNICATION necessary to provide adequate notice to customers. (03-07, Added, 03/05/2003) 15-18-9 Disclaimer If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. (03-07, Added, 03/05/2003) 15-18-10 Residential Rainwater Harvesting Active and passive rainwater harvesting systems are allowed for use by residents of Oro Valley; provided, that active systems meet the requirements of applicable parts of Oro Valley Town ZONING Code Chapter 6 (Building) SECTION 27.6.D.4 AND CHAPTER 11.8 OF THE TOWN’S DRAINAGE CRITERIA MANUAL as to construction methods and that any system that ties into or uses potable water must have backflow protection installed and meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. All collection vessels must be covered and mosquito proof. In passive systems, all standing water must infiltrate into the soil within twelve (12) hours. No ponding allowed. ((O)07-19, Added, 03/21/2007) D R A F T Final Draft D R A F T 11 15-18-11Rainwater Harvesting for Commercial and Master Subdivision Development Projects Active and passive rainwater harvesting systems are allowed for use by these projects. All systems must first be approved MEET THE REQUIREMENTS OF SECTION 27.6.D.4 OF THE ORO VALLEY ZONING CODE AND CHAPER 11.8 OF THE TOWN’S DRAINAGE CRITERIA MANUAL under the Drainage Review Criteria Manual and the Town Engineer prior to installation and meet current Oro Valley Town Code Chapter 6 (Building) as to construction methods. Any system that ties into or uses potable water must have backflow protection installed and meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. All collection vessels must be covered and mosquito proof. For passive systems, all standing water must infiltrate into the soil within twelve (12) hours. No ponding allowed. ((O)07-19, Added, 03/21/2007) 15-18-12 Graywater Use Graywater use is allowed for use by Oro Valley Water Utility customers; provided, that all guidelines imposed by ADEQ are met and that design, construction and operation of the system meet requirements of THE INTERNATIONAL PLUMBING CODE, CHAPTER 13 (GRAYWATER RECYCLING SYSTEMS) the Oro Valley Town Code Chapter 6 (Building). All graywater systems must have backflow protection installed and must meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. ((O)07-18, Added, 03/21/2007) D R A F T Final Draft D R A F T 12 Article 15-19 VIOLATIONS Sections: 15-19-1 Installation, Repair by UNAUTHORIZED Individuals Prohibited 15-19-2 Turning On Water without Authority 15-19-3 Escaping Water; Violation Declared a Civil Infraction 15-19-4 15-19-3 Interfering With; Tampering with Water Facilities; Removing Water 15-19-5 15-19-4 Damaging, Defacing Water Facilities 15-19-6 15-19-5 Penalties 15-19-1 Installation, Repair by UNAUTHORIZED Individuals Prohibited All water services to be installed by the Town of Oro Valley Water Utility shall only be installed by the Town or its authorized employees or agents as provided for in this Water Utility Code. It shall be unlawful for any person to install any such service or any part of such service, or to repair any service now existing or any part thereof, from the water mains to and including the meter, or disturb any right of way easement, street or alley in any manner for the purpose of locating problems with the water system or for any other reason whatsoever. ANY VIOLATION SHALL BE A CLASS ONE MISDEMEANOR UNLESS SPECIFICALLY STATED OTHERWISE. 15-19-2 Turning On Water without Authority If any person shall, by false key or otherwise, after the water has been shut off from any premises, cause such premises to be supplied with water, such person, his aiders and abettors, shall be guilty of a Class One Misdemeanor. 15-19-3 Escaping Water; Violation Declared a Civil Infraction No person shall intentionally allow water to escape from his premises upon public property, such as alleys, roads or streets, nor upon any other person’s property 15-19-4 15-19-3 Interfering With; Tampering with Water Facilities; Removing Water No person shall open or close any fire hydrant or stopcock connected with the water system of the Town of Oro Valley, or lift or remove the covers of any gate valves or shutoffs, or tap into Town water mains or otherwise remove water from the Town water utility system without a permit from the Director of the Town Water Utility, or in violation of conditions of a permit, except in case of fire, and then under the direction of the officers of the fire suppression service provider. Any violation shall be a Class One Misdemeanor unless specifically stated otherwise. 15-19-5 15-19-4 Damaging, Defacing Water Facilities If a person shall destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any reservoir, building, storage tank, or appurtenances, fences, trees, or fixtures or property appertaining to the water utility of the Town, such person shall be guilty of a Class One Misdemeanor. 15-19-6 15-19-5 Penalties Any person, firm, partnership, or corporation violating any of the provisions of Title 9 of the Oro Valley Water Utility Code shall be guilty of a Class One Misdemeanor. Each day that a violation is permitted to D R A F T Final Draft D R A F T 13 exist shall constitute a separate offense. The imposition of any sentence or fine shall not exempt the offender from compliance with the provisions of this Code. Oro Valley Water Utility Town Code Chapter 15, Proposed Water Code Amendments September 8, 2021 Town Code –Chapter 15, Water Code 2 Genesis of the Water Code Amendments The Water Code Amendments were proposed by the Utility’s Water Resource & Conservation Subcommittee and brought to the Commission for consideration in 2017 The Commission & Subcommittee agreed on the following objectives: Update the Water Code to correct deficiencies in current code Update the code to reflect the community’s commitment to water conservation Support the goals of the Town’s General Plan & Strategic Leadership Plan Clearly define “water wasting” and to prohibit the act of “water wasting” Change the wording of the Water Conservation levels to better align with regional definitions Give the Utility the tools needed to enforce compliance with the proposed code amendments Staff is supportive of the Commissions proposed Water Code Amendments Town Code –Chapter 15, Water Code 3 Proposed changes to the following sections of Chapter 15 Portions of 15-1 thru 15-3: Title, Intent and Purpose Added definitions for: Commercial, Multi-family Residential, Recurring, Residential & Wasting Water Portions of 15-18: Water Conservation Areas of significant change: 15-18-3 Water Conservation Requirements 15-18-4 Restrictions during Town declared Water Shortages 15-18-5 Penalties, violations & enforcement Portions of 15-19: Violations Article reorganization Class one misdemeanors Tampering with the water system Unauthorized access of water system Town Code –Chapter 15, Water Code 4 Examples of water wasting 5 Questions?