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Home My WebLink AboutPackets - Council Packets (1663) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 6, 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 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: 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 - Fire Prevention Month CONSENT AGENDA (Consideration and/or possible action) A.Minutes - September 22, 2021 B.Resolution No. (R)21-48, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County allowing each party to request the services of the other party for assistance with various government operations REGULAR AGENDA 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: 9/29/21 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 attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience, you may address the Council on any matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. 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:10/06/2021 Proclamation - Fire Prevention Month Subject Proclamation - Fire Prevention Month Summary Attachments Proclamation Town Council Regular Session A. Meeting Date:10/06/2021 Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - September 22, 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 September 22, 2021 minutes. Attachments 9-22-21 Draft Minutes D R A F T MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 22, 2021 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE REGULAR SESSION AT OR AFTER 5:00 PM CALL TO ORDER Mayor Winfield called the meeting to order at 5:01 p.m. ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember EXECUTIVE SESSION - Pursuant to A.R.S. §38-431.03(A)(1) and (A)(3) Personnel matter - Town Manager's annual performance review Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:02 p.m. pursuant to A.R.S. §38-431.03(A)(1) and (A)(3) Personnel matter - Town Manager's annual performance review. Vote: 7 - 0 Carried Mayor Winfield announced the following staff members would be joining Council in the Executive Session: Town Manager Mary Jacobs, Town Attorney Jonathan Rothschild and Town Clerk Mike Standish. RECONVENE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Winfield reconvened the Regular Session at 6:19 p.m. 9/22/21 Minutes, Town Council Regular Session 1 ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember PLEDGE OF ALLEGIANCE Mayor Winfield led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Clerk Mike Standish announced the upcoming Town meetings. COUNCIL REPORTS Councilmember Jones-Ivey recognized Charles Elliott, a Junior at Pusch Ridge Christian Academy, for his academic excellence and outstanding community service. TOWN MANAGER'S REPORT Town Manager Mary Jacobs provided a status update regarding Oro Valley's pavement preservation program. ORDER OF BUSINESS Mayor Winfield reviewed the order of business and stated that the order would stand as posted. Mayor Winfield provided the guidelines for participation in the Town Council's Regular Session meeting. INFORMATIONAL ITEMS There were no informational items. CALL TO AUDIENCE No comments were received. PRESENTATIONS 9/22/21 Minutes, Town Council Regular Session 2 1.Proclamation - Diaper Need Awareness Week Mayor Winfield proclaimed September 27th through October 3rd as Diaper Need awareness week in Oro Valley. Shannon Roberts, CEO of the Diaper Bank of Southern Arizona, accepted the proclamation. 2.Town of Oro Valley FY 20/21 financial update through June 2021 (Please reference the attachments for the Town's monthly financial update) Finance and Budget Administrator Wendy Gomez presented the Fiscal Year 20/21 financial update through June 2021 and included the following: General Fund Revenues General Fund Sales Tax General Fund Expenditures General Fund Highway Fund Revenues Highway Fund Expenditures Highway Fund Community Center Fund Revenues Community Center Fund Expenditures Community Center Fund Discussion ensued amongst Council and staff regarding item #2. CONSENT AGENDA A.Minutes - September 8, 2021 B.Approval of any direction to the Town Attorney and necessary staff as discussed in executive session Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to approve Consent Agenda items (A) and (B) Vote: 7 - 0 Carried REGULAR AGENDA 1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 14 (PRIVATE CLUB) LIQUOR LICENSE FOR STONE CANYON CLUB LOCATED AT 14200 N. HOHOKAM VILLAGE PLACE Town Clerk Mike Standish presented item #1. Mayor Winfield opened the public hearing. No comments were received. Mayor Winfield closed the public hearing. 9/22/21 Minutes, Town Council Regular Session 3 Motion by Councilmember Harry Greene, seconded by Councilmember Joyce Jones-Ivey to recommend approval of the issuance of a Series 14 Liquor License to the Arizona Department of Liquor Licenses and Control for Andrea Dahlman Lewkowitz and principals for Stone Canyon Club located at 14200 N. Hohokam Village Place. Vote: 7 - 0 Carried 2.PRESENTATION, DISCUSSION AND POSSIBLE ACTION REGARDING RESOLUTION NO. (R)21-47, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT, A TRUST AGREEMENT, A CONTINUING DISCLOSURE CERTIFICATE, AN OBLIGATION TO PURCHASE AGREEMENT AND FORMS OF RELATED OBLIGATION DOCUMENTS; APPROVING A PRELIMINARY OFFICIAL STATEMENT; APPROVING THE SALE, EXECUTION, AND DELIVERY OF EXCISE TAX REVENUE OBLIGATIONS, TAX-EXEMPT SERIES 2021, EVIDENCING A PROPORTIONATE INTEREST OF THE OWNERS THEREOF IN AN AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND A TRUSTEE; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION, AND DECLARING AN EMERGENCY Chief Financial Officer David Gephart provided an overview of item #2 and included the following: Process Followed and Timeline Town Council Approved Projects Community Center Exterior Improvements Naranja Park Amenities Multiuse Path Connections Why a bond issuance Historical 10-year Treasury Yields US Inflation Discussion ensued amongst Council and staff regarding item #2. The following individual spoke in support of item #2. Oro Valley resident Stephanie Mustain Discussion continued amongst Council and staff regarding item #2. Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to approve Resolution No. (R)21-47, authorizing the execution and delivery of an Agreement, a Trust Agreement, A Continuing Disclosure Certificate, an Obligation to Purchase Agreement and Forms of Related Obligation documents; Approving a Preliminary Official Statement; Approving the Sale, Execution, and Delivery of Excise Tax Revenue Obligations, Tax-Exempt Series 2021, Evidencing a proportionate interest of the owners thereof in an Agreement between the Town of Oro Valley, Arizona and a Trustee; and Authorizing the Taking of all other actions necessary to the consummation of the transactions contemplated by this Resolution, and declaring an emergency. Discussion continued amongst Council and staff regarding item #2. Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to amend the current 9/22/21 Minutes, Town Council Regular Session 4 Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to amend the current motion by removing the phrase "and declaring an emergency" with the final motion reading: to approve Resolution No. (R)21-47, authorizing the execution and delivery of an Agreement, a Trust Agreement, A Continuing Disclosure Certificate, an Obligation to Purchase Agreement and Forms of Related Obligation documents; Approving a Preliminary Official Statement; Approving the Sale, Execution, and Delivery of Excise Tax Revenue Obligations, Tax-Exempt Series 2021, Evidencing a proportionate interest of the owners thereof in an Agreement between the Town of Oro Valley, Arizona and a Trustee; and Authorizing the Taking of all other actions necessary to the consummation of the transactions contemplated by this Resolution Vote: 5 - 2 Carried OPPOSED: Councilmember Harry Greene Councilmember Steve Solomon Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to declare the proposed bonds an emergency in order to take advantage of current interest rates. Discussion ensued amongst Council, staff and Mr. Stratton regarding the emergency clause. Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to declare the proposed bonds an emergency in order to take advantage of current interest rates. Vote: 7 - 0 Carried FUTURE AGENDA ITEMS Councilmember Bohen requested a future presentation and report to Town Council regarding the Town's IT infrastructure, including a GAP analysis and recovery plan in case of a breach, seconded by Mayor Winfield. ADJOURNMENT Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the meeting at 8:11 p.m. Vote: 7 - 0 Carried ________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 22nd day of September 2021. I further certify that the meeting was duly called and held and that a quorum was present. ________________________________________ Michael Standish, CMC Town Clerk 9/22/21 Minutes, Town Council Regular Session 5 9/22/21 Minutes, Town Council Regular Session 6 Town Council Regular Session B. Meeting Date:10/06/2021 Requested by: Paul Melcher Submitted By:Paul Melcher, Community and Economic Development Department:Community and Economic Development SUBJECT: Resolution No. (R)21-48, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County allowing each party to request the services of the other party for assistance with various government operations RECOMMENDATION: Staff recommends approval of the intergovernmental agreement as presented. EXECUTIVE SUMMARY: The proposed intergovernmental agreement (IGA) seeks to enable the Oro Valley Town Manager and the Pima County Administrator, or their designees, to request and provide government services. Requests do not automatically obligate the receiving party to perform requested services; rather, the Town and County can discuss current capacities to determine if requested services can be provided. Some circumstances anticipated under which service requests might occur include, but are not limited to, the following: The Town receives a number of large project permit applications for review. Under this scenario, the Town could establish a letter of engagement whereby Pima County would conduct permit reviews for selected minor permits such as pools, shade structures/awnings, and solar installations per an agreed-upon financial arrangement so that Town permit review staff could focus on the larger projects. In the event Pima County would not have capacity to provide assistance for permit reviews, the Town can still contract with a private firm for permit reviews. 1. Interruptions in providing general government services caused by natural events such as severe storms, fires, or flooding. 2. Interruptions in providing general government services caused by pandemics or similar events.3. Other Key Provisions: A letter of engagement for given situations will determine the conditions by which either entity provides services. This IGA may be terminated by either party by giving 90 days prior written notice of termination to the other party. Termination shall not relieve either party from those liabilities or costs already incurred under this IGA. This IGA includes indemnification and hold harmless language protecting both entities from lawsuits, legal actions, and other associated legal proceedings or claims. The Town and County are familiar with each entity's permit review software. Town Planning and Zoning staff would still conduct zoning conformity reviews, and Golder Ranch Fire District staff will conduct permit reviews for conformity with fire codes. The Town of Oro Valley is approving the agreement first, then Pima County will likely act on the agreement during its subsequent regular Board of Supervisors meeting. BACKGROUND OR DETAILED INFORMATION: The Town has consistently budgeted for and intermittently used an external firm to assist with various permit review and even inspection services when workloads were impacted by large projects, when multiple projects were submitted at the same time, or when staff vacancies or extended leave impacted service levels. While useful, the Town has had a strong relationship with regional providers and desires to broaden its relationship with Pima County to jointly provide support to one another as a means of managing the peaks and valleys of workload not just for permitting and building, but potentially other areas in the future as well. While the Town of Oro Valley did not experience an inability to perform its general government functions during the COVID-19 Pandemic, the Town recognized the potential that service interruptions could occur for any number of reasons and desired a means of mitigating this risk. Staff worked with Pima County Community Development and Legal to create an IGA that provides for the Town and County to request reciprocal government services as needed, including: Building Permit Reviews and Construction Inspections Procurement Finance Human Resources Engineering The IGA is purposefully general for two reasons: 1) The details of how either entity performs services for the other can be identified in an engagement letter, eliminating the need to attempt to include every possible service scenario in the IGA; and 2) Specific codes and regulations can be identified in the engagement letter rather than amending the IGA every time there is a code or regulation update/amendment. This action is consistent with recent Town Council approval of Resolution No. (R)21-35, allowing the Town's Police Department to respond to other jurisdictional requests, when appropriate and necessary. FISCAL IMPACT: There is not an immediate fiscal impact. Any fee agreements would be developed via an engagement letter at the time services are rendered. SUGGESTED MOTION: I MOVE to APPROVE Resolution No. (R)21-48, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County, allowing each party to request the services of the other party for assistance with various government operations; and directing the Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents to take all steps necessary to carry out the purposes and intent of this resolution. Attachments (R)21-48 Reciprocal Services IGA IGA between Oro Valley and Pima County for Provision of General Government Services RESOLUTION NO. (R)21-48 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY ALLOWING EACH PARTY TO REQUEST THE SERVICES OF THE OTHER PARTY FOR ASSISTANCE WITH VARIOUS GOVERNMENT OPERATION S; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or renew agreements for joint and cooperative action with other public agencies ; and WHEREAS, the Town of Oro Valley is authorized to enforce building codes pursuant to A.R.S. § 9-467; and WHEREAS, Pima County is authorized to adopt and enforce building codes pursuant to A.R.S. § § 11-861 through 11-867; and WHEREAS, both Pima County and the Town maintain departments of trained personnel employed to impleme nt and enforce building codes; and WHEREAS, the Town and Pima County desire to enter into an Intergovernmental Agreeme nt whereby each party, as the need arises, may from time to time utilize the services of each party’s Development Services departments related to building permit reviews and construction inspections based on disparate workloads; and WHEREAS, the Town and the County also desire to enable the Town Manager and County Administrator, or their designees, to request and provide other government services; 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. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that SECTION 1. the Intergovernmental Agreement attached hereto as “Exhibit “A”, between the Town of O ro Valley and Pima County is hereby authorized and approved. 2 SECTION 2. the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to e xecute and implement the terms of the Intergovernmental Agreement. SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry o ut the purposes and intent of this resolution. SECTION 4. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the p rovision of this Resolution are hereby repealed. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution or the 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 Council of the Town of Oro Valley, Arizona, this 6th day of October, 2021. TOWN OF ORO VALLEY, ARIZONA Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: 3 EXHIBIT “A” June 10, 2021 Ver. 1 1 INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF ORO VALLEY FOR RECIPROCAL GOVERNMENT SERVICES This Intergovernmental Agreement (IGA) is entered into by and between Pima County, a body politic and corporate of the State of Arizona (“County”) and Town of Oro Valley (“Town”) pursuant to A.R.S. § 11-952. Recitals A. County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § § 11-951 through 11-954. B. County is authorized to adopt and enforce building codes pursuant to A.R.S. § § 11-861 through 11-867. C. Town is authorized to enforce building codes pursuant to A.R.S. § 9 -467. D. Both parties maintain departments of trained personnel employed to implement and enforce building codes . E. Town and the County desire to enter into a cooperative agreement whereby each party, as the need arises, may from time to time utilize the services of each party’s Development Services departments related to building permit reviews and construction inspections based on dispa rate workloads . F. Town and the County desire to enable the Town Manager and County Administrator, or their des ignees, to request and provide other government services . NOW, THEREFORE , County and Town pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement 1. Purpose. The purpose of the Agreement is to provide the ability to utilize permitting , inspection and general government services by either party based on each party’s review capacities and mutually agreed upon conditions . 2. Term. This IGA will be effective on the date it is fully executed by both parties and will continue for a period of five years unless it is extended or terminated by the agreement of the parties . This Intergovernmental Agreement may be renewed by agreement of t he parties for additional five-year terms . June 10, 2021 Ver. 1 2 3. Responsibilities. Town and County will agree to enforce versions of building code ordinances (the "Building Code") as adopted by the other jurisdiction and described in an engagement letter when conducting building permit reviews and inspections for the other jurisdiction. 4. Government Operations Support Requests and Financing . Each party may request the services of the other party. Requests may be for varying periods, dependent upon the needs of the requesting party and the availability and capacities of the responding party. The Town Manger and County Administrator, or designees , shall enter into a letter of engagement outlining the scope of work, codes to be enforced, duration, rate of reimbursement, and reimbursement process for the services described below. a. Permits/Plans Reviews and Construction Inspection Requests. 1. The services include those related to building permit review, plan review, and construction inspection services. Access to Town and County permits will be accommodated through Bluebeam Studio programs. 2. Permit review times and inspecti on scheduling shall be addressed in the letter of engagement. 3. Both parties will ensure that all activities under Subsection a. meet agreed upon standards, including conducting quality assurance reviews for: a. Permit/Plan/Inspection error checks ; b. Prioritized code inspections ; c. Key Health and Safety factors . b. Assistance for General Government Services . The Town Manager or the County Administrator, or designees, may make requests for support for other general government services, including but not limited to, the following areas: • Procurement; • Finance; • Human Resources ; • Engineering . 5. Termination. This IGA may be terminated by either party by giving 90 days prior written notice of termination to the other party. Termination shall not relieve either party from those liabilities or costs already incurred under this IGA. 6. Disposal of Property . Upon the termination of this IGA, all property involved will revert to the owner. Termination will not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to this IGA. June 10, 2021 Ver. 1 3 7. Indemnification. a. Town shall, to the extent permitted by Arizona law indemnify, defend and hold harmless the County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of a ny kind or nature which, result from any act or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf, unless due solely to County negligence. b. County, shall to the extent permitted by Arizona law inde mnify, defend and hold harmless the Town, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omis sion of the County, its agents, employees, or anyone acting under its direction, control or on its behalf, unless due solely to Town negligence. 8. Insurance. Each party will obtain and maintain at its own expense, during the entire term of this IGA the following type(s) and amounts of insurance: a) Commercial General Liability in the amount of $2,000,000.00 combined single limit Bodily Injury and Property Damage. b) Commercial or Business automobile liability coverage for owned, non -owned and hired vehicles used in the performance of this IGA with limits in the amount of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage. c) If this IGA involves professional services, professional liability insurance in the amount of $1,000,000.00. d) If required by law, workers’ compensation coverage including employees’ liability coverage. Each party will provide 30 days written notice to the other party of cancellation, non- renewal or material change of coverage. The above requirement may be alternatively met through self insurance pursuant to A.R.S. §§ 11-261 and 11-981 (or if a school district, § 15 -382) or participation in an insurance risk pool under A.R.S. § 11-952.01 (if a school district, § 15 -382), at no less than the minimum coverage levels set forth in this article. 9. Compliance with Laws. The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders. The laws and regulations of the State of June 10, 2021 Ver. 1 4 Arizona will govern the rights of the parties, the performance of this IGA and any disputes. Any action relating to this IGA will be brought in a court in Pima County. 10. Non -Discrimination. The parties will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin in the course of carrying out th eir duties under this IGA. The parties will comply with the provisions of Executive Order 2009-09, which is incorporated into this IGA by reference. 11. ADA. The parties will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 12. Severability . If any provision of this IGA, or any application of a provision to the parties or any person or circumstance, is found by a court to be invalid, that invalidity will not affect other provisions or applications of this IGA that can be given effect without the invalid provision or application. 13. Conflict of Interest . This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 14. Non -Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the Pima County Board of Supervisors or the Town does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, the parties will have no further obligations under this IGA other than for payment for services rendered prior to cancellation. 15. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, will be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 16. Worker’s Compensation. Each party will comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-1022, irrespective of the operations protocol in place, each party is solely responsible for the payment of Worker’s Compensati on benefits for its employees. 17. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA will be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between a party and the employees of the other party. Neither party will be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without June 10, 2021 Ver. 1 5 limitation) the other party's obligation to withhold Soci al Security and income taxes for itself or any of its employees. 18. No Third-Party Beneficiaries. Nothing in this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 19. Notice. Any notice required or permitted to be given under this IGA must be in writing and served by delivery or by certified mail upon the other party as follows (or at such other address as may be identified by a party in writing to the other party) : County: Chuck Huckleberry, County Administrator 130 W Congress Street 10th Floor Tucson, AZ 85701 Town: Mary Jacobs, Town Manager 11000 N. La Canada Drive Oro Valley, AZ 85737 20. Legal Arizona Worker’s Act. County and Town state that they will at all times during the term of this IGA comply with all federal immigration laws and with the requirements of A.R.S. § 23 - 214(A). 21. Entire Agreement . This document, and any exhibits attached to it, constitutes the entire agreement between the parties pertaining to the subject matter addressed, and all prior or contemporaneous agreements and understandings, oral or written, are superseded and merged into this IGA. This IGA may not be modified, amended, altered, or extended except through a written amendment signed by the parties. [Signature page to follow] June 10, 2021 Ver. 1 6 In Witness Whereof, County has caused this IGA to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board, and attested to by the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor of the Town of Oro Valley upon resolution of the Town Council and attested to by its Clerk. P ima County : _____________________________________ Chair Board of Supervisors ATTEST ___________________________________ Clerk of the Board Town of Oro Valley : _____________________________________ Joseph C. Winfield, Mayor ATTEST Michael Standish, Town Clerk Approval The foregoing Intergovernmental Agreement between Pima County and Town of Oro Valley has been reviewed by the undersigned, and is hereby approved as to content. __________________________________ [Name & Title] June 10, 2021 Ver. 1 7 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Oro Valley has been reviewed by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party he or she represents . P ima County : __________________________________ Deputy County Attorney Town of Oro Valley _____________________________________ Town Attorney