CITY OF SOMERTON CITY COUNCIL MEETING AGENDA TUESDAY, JUNE 16, 2020 Regular Meeting City Hall, Council Chambers 143 N. State Avenue, Somerton, AZ 85350 7:00 PM This meeting can be viewed live on the City of Somerton YouTube channel . You can also find the link on the homepage of the City website: somertonaz.gov. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CALL TO PUBLIC This is the time for the public to comment. Members of the City Council may not discuss items that are not specifically identified on the agenda. Therefore, pursuant to A.R.S. § 38-431.01 (G), action taken as a result of public comment will be limited to directing staff to study the matter, responding to any criticism or scheduling the matter for further consideration and decision at a later time. CONSENT AGENDA All matters listed here are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the CONSENT AGENDA and will be considered separately. 1. Approval of May 5, 2020 Work Session and Regular Council Meeting Minutes. Andrea Moreno, Deputy City Clerk 2. Check Register for the Month of May 2020. Andrea Moreno, Deputy City Clerk 3. Intergovernmental Agency Agreement between the City of Somerton and Somerton School District No. 11 for School Resource Officer (SRO) services provided to Somerton Middle School for school year 2020-2021. Araceli Juarez, Chief of Police PUBLIC HEARING 1. Public hearing pursuant to A.R.S. Section 41-563.01 relating to Alternative Expenditure Limitation (Home Rule Option) regarding the proposed extension of the alternative expenditure limitation for the City of Somerton. Czarina Gallegos, Finance Director OLD BUSINESS All items are for discussion and possible action. NEW BUSINESS All items are for discussion and possible action. 1. Discussion and possible action to approve Resolution No. 2020-013. A resolution of the Mayor and City Council of the City of Somerton, Arizona proposing an extension of Czarina Gallegos, Finance Director City of Somerton Agenda 1
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CITY OF SOMERTONCITY COUNCIL MEETING AGENDA
TUESDAY, JUNE 16, 2020
Regular Meeting City Hall, Council Chambers143 N. State Avenue, Somerton, AZ 85350
7:00 PM
This meeting can be viewed live on the City of Somerton YouTube channel . You can also find the link on thehomepage of the City website: somertonaz.gov. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CALL TO PUBLICThis is the time for the public to comment. Members of the City Council may not discuss items that are not specifically identified on the agenda. Therefore,pursuant to A.R.S. § 38-431.01 (G), action taken as a result of public comment will be limited to directing staff to study the matter, responding to any criticismor scheduling the matter for further consideration and decision at a later time. CONSENT AGENDAAll matters listed here are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items.If discussion is desired, that item will be removed from the CONSENT AGENDA and will be considered separately. 1. Approval of May 5, 2020 Work Session and Regular
Council Meeting Minutes. Andrea Moreno,Deputy City Clerk
2. Check Register for the Month of May 2020. Andrea Moreno,
Deputy City Clerk 3. Intergovernmental Agency Agreement between the City of
Somerton and Somerton School District No. 11 for SchoolResource Officer (SRO) services provided to SomertonMiddle School for school year 2020-2021.
Araceli Juarez, Chief ofPolice
PUBLIC HEARING 1. Public hearing pursuant to A.R.S. Section 41-563.01
relating to Alternative Expenditure Limitation (HomeRule Option) regarding the proposed extension of thealternative expenditure limitation for the City ofSomerton.
Czarina Gallegos,Finance Director
OLD BUSINESSAll items are for discussion and possible action. NEW BUSINESSAll items are for discussion and possible action. 1. Discussion and possible action to approve Resolution No.
2020-013. A resolution of the Mayor and City Council ofthe City of Somerton, Arizona proposing an extension of
4. Presentation on the Coronavirus Aid, Relief, and
Economic Security Act (CARES) and City of Somerton'sfund allocation and possible uses.
Jorge Lozano, CityAttorney
5. Discussion and possible action to extend the lease of 55.5
acres located near Main Street and Cesar Chavez betweenthe City of Somerton and Nature Fresh Farms, LLC, fromJuly 1, 2020 to January 15, 2021.
Hector Tapia, EconomicDevelopment Director
6. Discussion and possible action to approve the service
agreement to install National Fire Operations ReportingSystem.
Paul De Anda, FireChief
7. Discussion and possible action to adopt the 2021
Preliminary Budget. Czarina Gallegos,Finance Director
8. Presentation on the introduction of the 2020-2021
Property Tax Levy as presented in the Preliminary 2021Budget.
Czarina Gallegos,Finance Director
9. Discussion and possible action to approve Resolution No.
2020-014. A resolution of the Mayor and Council of theCity of Somerton, Arizona, declaring, for purposes ofSection 1.150-2 of the federal treasury regulations, officialintent to be reimbursed in connection with certain capitalexpenditures relating to water capital improvementprojects.
Czarina Gallegos,Finance Director
SUMMARY OF CURRENT EVENTS/FUTURE AGENDA ITEMS EXECUTIVE SESSIONCity Council may vote to hold an Executive Session for the purpose of obtaining legal advice from the council’s attorneyon any matter listed on the agenda, pursuant to Arizona Revised Statute §38- 431.03(A)(3). 1. Executive session for discussion for legal advice with the
City Attorney of the City of Somerton regarding OpenJorge Lozano, CityAttorney
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Meeting Law complaint lodged by former employees withthe Attorney General’s Office. Pursuant to A.R.S. § 38-431.03(A)(3).
2. Executive session for discussion for legal advice with the
City Attorney of the City of Somerton regarding theduties, salaries, and benefits, and selection process for theposition of City Manager for the City of Somerton,Arizona. Pursuant to A.R.S. § 38-431.03(A)(3).
Jorge Lozano, CityAttorney
ADDENDUM ADJOURNMENT
In accordance with the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act of 1973, the City of Somerton doesnot discriminate on the basis of disability in the admission of or access to, or treatment or employment in its programs, activities orservices. For information regarding rights and provision of the ADA or § 504, or to request reasonable accommodations for participationin City programs, activities or services contact: ADA/Section 504 Coordination, City of Somerton Human Resources, 143 N. State Avenue,Somerton, Arizona 85350. (928) 722-7400. TDD is the same number.
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CITY COUNCILOF THE
CITY OF SOMERTON
Approval of May 5, 2020 Work Session and Regular Council Meeting Minutes. MEETING DATE: June 16, 2020DEPARTMENT: AdministrationCATEGORY:PREPARED BY: Andrea Moreno DISCUSSION SUGGESTED ACTION
Attachment(s)May 5, 2020 Work Session Minutes.pdfMay 5, 2020 Regular Council Meeting Minutes.pdf
Work Session City Hall, Council Chambers 6:00 PM 143 N. State Avenue, Somerton, AZ 85350
CALL TO ORDER
Meeting called to order at 6:04 p.m. by Mayor Gerardo Anaya.
ROLL CALL Attendance Name Title Status Gerardo Anaya Mayor Present Martha Garcia Vice Mayor Present Juan Castillo Council Member Present Carlos Gonzalez Council Member Present Miguel Villalpando Council Member Absent Luis Galindo Council Member Absent Jesus Roldan Council Member Absent
NEW BUSINESS
1. Discussion related to City employee health insurance.
Armando Leon, Human Resource Specialist, stated he was going to present recommendations from the Health Insurance Committee (HIC) and go over different scenarios for Council to make a selection. Mr. Leon presented a historical chart grid from 2017 to present, displaying employee’s enrollment of medical insurances in the City. A copy of this document presented by Mr. Leon is filed in the Clerk’s Office. Mr. Leon said that in order to make projections of the annual impact cost, certain assumptions needed to me made. Mr. Leon mentioned there is a drastic change from 2017 employee enrollment to present. HSA had more participants in 2017 then it changed drastically when the City converted to the most recent plan, EMI. Mr. Leon said the City now has heavier participation under the PTO plan versus the HSA. Mr. Leon said that based on the information he gathered for the current enrollment; he has a better indication of what next year will look like.
Mr. Leon reviewed the Projected Annual Cost documents. He said Summit and Siarmed is a US and Mexico plan combined option HIC is considering. Mr. Leon talked about projected monthly
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and annual cost based under the previous assumptions and rates provided. Mr. Leon provided percentages scenarios along with the rates for City cost from the different health insurance plans HIC is considering. A copy of all documents presented by Mr. Leon are filed in the Clerk’s Office. Mr. Leon stated that Summit and Siarmed cost would be 1.177 million. Mr. Leon said Blue Cross Blue Shield of Arizona was a different plan HIC is considering and 1.071 million. Mr. Leon said that the HIC also looked at the EMI Public Service Pool plan and has a projected annual cost for the City of 1.195 million. Mr. Leon stated that he had received new numbers from EMI just a couple hours ago and they had reduced them to match the same rates the City has under the current plan. Mr. Leon said that the calculation for EMI now is 1.082 million. Mr. Leon presented the numbers of the Transwestern Mexico plan which is another option HIC is considering. Mr. Leon also compared Transwestern Mexico plan and Summit and Siarmed plan to display the cost differences between the two Mexico plan options the City is considering. Mr. Leon stated that HIC recommendation for USA coverage was to go with Blue Cross Blue Shield of Arizona. He provided breakdown cost numbers for the different insurance plans the City is considering. A copy of these breakdowns presented by Mr. Leon are filed in the Clerk’s Office. Mr. Leon talked about the Stop Loss Premium costs for the plans.
Mr. Leon said that Mr. Castillo recommended to offer Council different scenarios of percentages for the City. Mr. Leon provided these numbers which are part of the agenda packet and filed in the Clerk’s Office. The breakdown shows rates per month for employees. Mr. Leon mentioned that if the City of Somerton were to cover 70% of the premium cost under the Blue Cross Blue Shield plan, the annual cost would be $950,000; at 60% the annual cost would be $909,000; at 50% the annual cost would be $869,000; and at 40% the annual cost would be $829,000. Mr. Leon went as low as 25% and the numbers are displayed in his breakdown. Mr. McGaughey clarified that for employees only, the City would cover 100% and that the numbers that were being covered by Mr. Leon were for dependent coverage.
Mr. Leon then compared monthly rate deductions for employees for the different plans being considered. Mr. Leon did a breakdown of the costs based on employee only, employee plus family, and employee plus children. Mayor Anaya wanted to see the rates with different percentages calculations because he mentioned it was important to him to compare the cost impact for employees as far as out of pocket costs and what kind of savings each plan offers to the City. Mayor Anaya added that he would like to have a sustainable plan model that is equivalent to other agencies.
Discussion between Mr. Leon and Mr. Castillo occurred.
Mr. Leon was able to modify different percentages during the meeting. Mr. Leon said that if the employees contributed 40% for the HSA, the employee plus spouse cost would be $85.17, $78.20 for children coverage, and $191.16 for family coverage, all in a bi-weekly basis. Mr. Leon also provided PPO costs. Mr. McGaughey stated that he was not a member of the HIC but an advisor of the committee and mentioned from the last HIC meeting that there is savings generated by changing the health insurance coverage. Mr. McGaughey stated to considered what do to with the savings. Mr. McGaughey added that one idea was to augment employee pay and to consider what would be more important for employees; either benefits or employee pay.
Mr. Leon stated if Council decides to go with the recommendation from HIC of 75%/25%, the City would be saving $179,000. He added that last year, the cost for the City was 1.15 million and the projected cost is $970,000. Mayor Anaya said that what he wanted to see for this work session was different percentages for the City for family coverages. Mayor Anaya said that the 75/25 model is
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very generous and that we also have to consider the salary deficit. He added that the City of Somerton was always compared because of the low salaries not because of low insurance rates. Mayor Anaya said he would like to see more numbers and play around with the percentages to see what benefits are there for the employees and the City. Mayor Anaya said we needed to start looking into having a sustainable model for the future. Mayor Anaya said he wants to see front line employees be compensated specially with those employees having certifications.
Mr. Leon said the City still has some time to make a decision but needed to be made before the end of the month. Mr. Leon stated that he understands what the objective is and added that there were different ways to get the City where it wants to be in having a more sustainable plan, reduce cost for the City and provide a good plan to employees. He added that working with the percentages was one way to do it, but it was not the only way. Mr. Leon said that there is a number of variables within each plan to move around to still reach our objective. Some examples Mr. Leon gave were to reduce or increase co-payments and play around with different PPO premiums.
Mayor Anaya stated that he would be comfortable going with the plan being recommended but more discussion was necessary as far as the split of percentages. Mr. Leon said that the recommendation is to choose Transwestern insurance because we can work independently with only 10 participants enrolled. He added that if we go with Blue Cross Blue Shield plan as our primary plan with the HAS and the PPO plan, we can still offer the Transwestern Mexican coverage to the employees and decide what percentages we want to go with. Mr. McGaughey said that the committee did discuss possible ways to incentivize employees who go with the Mexican plan because of the savings it would generate the City.
Discussion between Mr. Leon, Mayor Anaya, Vice Mayor Garcia and Mr. Castillo occurred.
Mayor Anaya stated that he wanted a formula to be sustainable to not be having to look at it every year. Mayor Anaya mentioned that the current 75/25 had an impact to the City. He mentioned that the insurances are volatile and if we establish an amount it is more sustainable and makes more sense to him to have a certain percentage. Mr. Leon said that we might be able to offer a high deductible HSA plan for employees combined with a Mexican insurance for employees to still have the option to go to Mexico to have certain procedures done but at same time still have American coverage. He added it would be at a high deductible but still have the USA coverage. Mr. Leon said this combination might help the City to reduce costs and make it sustainable for the future. Mr. Leon mentioned that in addition to this, the City would still offer a PPO plan for employees.
Mr. Castillo thanked Mr. Leon for providing all this information and different scenarios for Council to consider. Mr. Leon said he understands what the objective is, and he also wants to lower the cost overall, take away as little as possible from employees and at the same time try to provide as much coverage as we can.
Discussion between Mr. Leon, Mayor Anaya and Council Member Castillo occurred.
Mr. Leon said that if we offer the combination recommended and options to employees, it gives employees more stability and flexibility on their pockets.
ADJOURNMENT Mayor Anaya adjourned the meeting at approximately 7:00 p.m.
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_________________________
Gerardo Anaya, Mayor
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of Tuesday, May 5, 2020.
_________________________ Ian McGaughey, City Manager
In accordance with the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act of 1973, the City of Somerton does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in its programs, activities or services. For information regarding rights and provision of the ADA or § 504, or to request reasonable accommodations for participation in City programs, activities or services contact: ADA/Section 504 Coordination, City of Somerton Human Resources, 143 N. State Avenue, Somerton, Arizona 85350. (928) 722-7400. TDD is the same number.
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CITY OF SOMERTON
CITY COUNCIL MEETING MINUTES TUESDAY, MAY 5, 2020
Regular Meeting City Hall, Council Chambers 7:00 PM 143 N. State Avenue, Somerton, AZ 85350
CALL TO ORDER Meeting called to order at 7:09 p.m. by Mayor Gerardo Anaya.
ROLL CALL
Attendance Name Title Status Gerardo Anaya Mayor Present Martha Garcia Vice Mayor Present Juan Castillo Council Member Present Miguel Villalpando Council Member Present Carlos Gonzalez Council Member Present Jesus Roldan Council Member Present Luis Galindo Council Member Absent
Council Members Miguel Villalpando and Jesus Roldan called in remotely over the phone.
PLEDGE OF ALLEGIANCE Mayor Anaya led the Pledge of Allegiance.
CALL TO PUBLIC This is the time for the public to comment. Members of the City Council may not discuss items that are not specifically identified on the agenda. Therefore, pursuant to A.R.S. § 38-431.01 (G), action taken as a result of public comment will be limited to directing staff to study the matter, responding to any criticism or scheduling the matter for further consideration and decision at a later time.
Mayor Anaya opened the meeting to receive comments from the public. The public offered no comments.
CONSENT AGENDA All matters listed here are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the CONSENT AGENDA and will be considered separately.
OLD BUSINESS All items are for discussion and possible action.
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NEW BUSINESS All items are for discussion and possible action.
1. Discussion and possible action to proclaim May 5, 2020 as Teacher Appreciation Day in
the City of Somerton.
Ian McGaughey, City Manager, said National Teacher Appreciation Day is May 5th, 2020, and that the proclamation is an opportunity to thank and recognize the teachers here in Somerton who make a tremendous and positive contribution to our community.
Mayor Anaya read the Teacher Appreciation Day Proclamation.
Mayor Anaya stated that the City of Somerton is dedicated to fostering an environment where education thrives. Mr. McGaughey added that the water tower in Somerton will be lighted up yellow to signify education and school busses.
RESULT: PASSED [UNANIMOUS] MOVER: Martha Garcia, Vice Mayor SECONDER: Juan Castillo, Council Member AYES: Martha Garcia, Miguel Villalpando, Carlos Gonzalez, Jesus Roldan, Juan
Castillo, Gerardo Anaya
2. Discussion and possible action to proclaim May 2020 as Bicycle Month in the City of Somerton.
Mr. McGaughey said one of the many amenities in the City of Somerton that contributes to our outstanding quality of life is our growing system of multi -use pathways. Mr. McGaughey said these pathways accommodate a variety of outdoor activities, including bicycling and that bicycling is an environmentally sound form of transportation, an excellent form of fitness, and provides quality family recreation.
Mayor Anaya read the Bicycle Month Proclamation.
RESULT: PASSED [UNANIMOUS] MOVER: Juan Castillo, Council Member SECONDER: Carlos Gonzalez, Council Member AYES: Martha Garcia, Miguel Villalpando, Carlos Gonzalez, Jesus Roldan, Juan
Castillo, Gerardo Anaya
3. Discussion and possible action to select a health insurance program for City employees.
Armando Leon, Human Resource Specialist, asked Council if there was anything they wanted for Mr. Leon to review after his presentation during the Work Session of May 5, 2020.
Mayor Anaya said to provide the additional percentages numbers, to look at the high deductible with Mexico insurance and provide different options. Mayor Anaya thanked Mr. Leon for all his hard work in providing all this information.
Council Member Juan Castillo added that Transwestern is an option for the Mexico coverage but
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to also look into Siarmed. Mr. Castillo said that San Luis, Arizona has Blue Cross Blue Shield along with Siarmed. He said he would like to receive the cost analysis he requested in October 2019 because it’s important to him to be able to make a better recommendation. Mr. Castillo said to follow up with Siarmed because some of the benefits are different. He added that with Transwestern it’s a $20 deductible and with Siarmed its only $5 and that both Mexican coverage have US coverage for emergencies only.
Mr. Leon said he will reach out to Siarmed so they can speak to whoever is going to be the City’s main provider to form an agreement.
Mr. Castillo made the motion to table this item until more information is gathered and presented.
Council Member Castillo made the motion to table this item until more information is gathered and presented.
RESULT: PASSED [UNANIMOUS] MOVER: Juan Castillo, Council Member SECONDER: Martha Garcia, Vice Mayor AYES: Martha Garcia, Miguel Villalpando, Carlos Gonzalez, Jesus Roldan, Juan
Castillo, Gerardo Anaya
4. Discussion and possible action to approve Resolution 2020-005. A Resolution of the Mayor and City Council of the City of Somerton, Arizona, amending the City of Somerton Personnel Policy Handbook 2020 by authorizing the following changes: updating Section 806 - Bereavement Leave for Immediate Family and Others; adding Section 209 - Access and Identification Badges; and adding Section 717 - Tuition Reimbursement Program.
Jorge Lozano, City Attorney, said that the resolution proposes to make additions to our current Personnel Policy Handbook. Mr. Lozano said that in November 2019, Council approved a Personal Policy Handbook and went into effect on January 1, 2020. Mr. Lozano added that the handbook has been governing the employee relations at the City and the proposed action is to amend some of the policies. Mr. Lozano said the Personnel Policy Committee had a meeting on April 28, 2020. He said that Council directed the committee to be made up of a representative from each department. Mr. Lozano said that Ian McGaughey and himself serve as advisory roles for the committee.
Mr. Lozano said that one of the policies that was being amended was Section 806 Bereavement Policy. Mr. Lozano provided a handout to everyone present at the meeting. The document has the bereavement leave policy from Yuma County and City of Yuma and a chart with new relatives and old relatives. A copy of this document is filed in the Clerk’s Office.
Council Member Miguel Villalpando asked why we were changing the policy. Mr. Lozano said that one of the reasons why we looked at this policy was because the policy in the City’s handbook does not give a clear definition to what a relative is. Mr. Lozano said we had to refer to a different section to determine what a relative is and what makes employees eligible for this benefit. He added that the citation to that section was erroneous, it was citing Section 203 and he believed the reference should be Section 202 Nepotism. Mr. Lozano said that the definition of nepotism in our policy handbook is a very inclusive definition of what a family member is because it includes numerous people. Mr. Lozano said that under Section 202, some of the relatives included were not typically included in other similar agencies or cities policy. Mr. Lozano added that another change
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was for employees to receive 40 hours and 48 hours for fire fighters of bereavement leave. Fire fighters work 24 hours shift and a distinction needed to be made because of that.
Mr. Villalpando had concerns on relatives added to the policy and how it was being presented. Mr. Villalpando added he had nieces and nephews and that they had kids. He said at what point do we put an end to nieces and nephews. Mr. Villalpando said that if the City was going to be paying 40 hours of bereavement leave it should only be for immediate households, brothers and sisters, and immediate family. Mr. Lozano said that nieces and nephews are not covered in City of Yuma bereavement policy. ***Note for Andrea – Nieces and nephews were in the policy proposal. I think this discussion may have been about cousins. I could be wrong.
Council Member Carlos Gonzalez said that during the Personnel Policy Committee meeting different scenarios were discussed and it was not thinking about nephews and niece’s sons and daughters, it was more focused on nieces and nephews directly only. Mr. Villalpando said that there is still no distinction between nieces, nephews, and their kids. Mr. Villalpando added that they can still use PTO and he doubts any department head would deny PTO for bereavement leave reasons.
Council Member Jesus Roldan said that he concurs with Mr. Villalpando in regard to nieces and nephews not being considered immediate family. Vice Mayor Garcia wanted to know why grandchild were not included in the policy. Mr. Lozano said that this new policy removed the great-grandchild and grandchild.
Mr. Castillo said he agreed with Mr. Villalpando about needing to draw a line with the nieces and nephews and that everything else looked reasonable. Mr. Castillo added that five days may not be enough but that it’s a start. Mr. Castillo recommended to remove nieces and nephews. Mr. Castillo asked about the 48 hours stated on the policy for firefighters. Mr. Lozano said that fire fighters work a 24 hours shift, a total of 56 hours in a work week. Paul De Anda, Fire Chief, said that fire fighters work 56 hours a week. Mr. De Anda explained that when a regular employee takes five days off from Monday to Friday, it is actually nine days off because they have the weekend before and the weekend after. Mr. De Anda said if a firefighter takes two shifts off, with their regular four days off and 1 day off between shifts they would end up with seven days off; two days less than a regular employee, but that is just the circumstance of fire fighters and the profession we all chose. Chief De Anda said the 48 hours for them is fair. Chief De Anda stated that he just wanted to make it clear that fire fighters were getting less hours of bereavement than regular employees.
Discussion between Mr. Villalpando and Chief De Anda occurred.
Mr. Lozano said based on the discussion, he was going to remove nephews and nieces and add grandchild to the category.
Mr. Lozano said that the other policy that was discussed between the committee was a new policy, Section 206 Access and Identification Badges. Mr. Lozano said that this new policy addresses the requirements that badges be worn for a safer work environment and clarifying who can and cannot have access to controlled areas on City facilities. Mr. Lozano mentioned that the policy makes it mandatory for all employees to wear the badges with exceptions from emergency personnel. He added that the badge was also enabled to have access to buildings and other features that could be added in the future like signing into the computer or clocking in and out of work. Mr. Lozano said it’s a multipurpose badge that IT would be working on.
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There were no additional questions or comments from Council regarding the new recommended policy Section 206 Access and Identification Badges.
Mr. Lozano said that the last policy that the committee discussed was Section 717 Tuition Reimbursement Program. Mr. Lozano said that this policy provides an added benefit to full time employees that wish to pursue a higher education. Mr. Lozano mentioned that this was not the same for certifications. He said that if you want to be certified as a police officer, fire fighter, wastewater operator, the certifications for those were covered within the department in the budgetary process. He added that if employees want to start or finish a degree, eligible employees can receive up to $2,500 a year. He said that this was subject to an annual appropriation by City Council during the budget process. Mr. Lozano said that there are currently some employees who are getting some sort of educational assistance however there is no written policy for it. He said the policy defines the employee commitment to the City.
Discussion occurred between Mr. Lozano, Mayor Anaya, Vice Mayor Garcia Mr. Villalpando.
Mr. Lozano said the reimbursement policy is specific to tuition, books and fees. Mayor Anaya added that employees would have to show proof of payment for the City to issue reimbursement. Mayor Anaya added that the policy states up to $ 1,250 per semester of reimbursement but if their financial need is less because they receive grants and financial aid, the City should only cover the remaining balance. Mr. Lozano added that the employees currently receiving educational assistance from the City would have to follow this new policy.
Mr. Lozano said that department head approval would be needed before enrolling to classes to make sure it does not interfere with work duties. Mayor Anaya is in favor of the tuition reimbursement to employees who want to better themselves and this program will help them with what their financial aid does not cover. Council Member Roldan said that in Yuma County, Human Resources requires for the employee to bring proof of payment for the courses and a passing grade of C or better in order for the City to issue reimbursement.
Mr. Villalpando asked about the specific language in regard to fraud and what consequences are there. Mr. Lozano said that its covered in other sections for example in the disciplinary area, rules of conduct, and negligence. He said those sections adequately cover if there’s a fraud commitment in this process.
Mr. Lozano asked for approval of this item with the changes recommended by Council for the bereavement policy to remove nieces and nephews and add grandchild.
RESULT: PASSED [UNANIMOUS] MOVER: Martha Garcia, Vice Mayor SECONDER: Carlos Gonzalez, Council Member AYES: Martha Garcia, Miguel Villalpando, Carlos Gonzalez, Jesus Roldan, Juan
Castillo, Gerardo Anaya
5. Discussion and possible action to approve Resolution 2020-006. A Resolution of the Mayor and City Council of the City of Somerton, Arizona, declaring the Cocopah Indian Tribe’s Hotel Resort as the quarantining shelter for Public Safety Personnel who become exposed to COVID-19.
Paul De Anda, Fire Chief, said that the fire department needed to find a quarantine shelter to be
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available to any police or fire personnel if they were infected with the virus because they can’t be sent home to their families for safety reasons. Chief De Anda said it is important for our employees to know we have a place for them in case that at the end of their shift, they have fever or any kind of temperature they have a place to go. Chief De Anda asked Mayor and Council to approve this resolution and once approved it will go to the tribe. He added that the tribe will have information they need in order to be reimbursed by the federal government.
RESULT: PASSED [UNANIMOUS] MOVER: Martha Garcia, Vice Mayor SECONDER: Juan Castillo, Council Member AYES: Martha Garcia, Miguel Villalpando, Carlos Gonzalez, Jesus Roldan, Juan
Castillo, Gerardo Anaya
6. Discussion and possible action to approve Resolution 2020-007. A Resolution of the Mayor and City Council of the City of Somerton, Arizona designating the Chief Fiscal Officer for officially submitting the Fiscal Year 2020 Expenditure Limitation Report to the Arizona Auditor General.
Czarina Gallegos, Finance Director, said the Arizona Auditor General is asking to pass this resolution on a yearly basis. She said they are requiring a resolution be approved that designates the Chief Financial Officer for year 2020. Ms. Gallegos said this resolution will be brought to Council on a yearly basis.
There were no comments or questions from Council.
RESULT: PASSED [UNANIMOUS] MOVER: Carlos Gonzalez, Council Member SECONDER: Jesus Roldan, Council Member AYES: Martha Garcia, Miguel Villalpando, Carlos Gonzalez, Jesus Roldan, Juan
Castillo, Gerardo Anaya
SUMMARY OF CURRENT EVENTS/FUTURE AGENDA ITEMS Ian McGaughey, City Manager - The last few days have been focused primarily on the budget. Finance Director Gallegos and Mr. McGaughey have been meeting individually with each general fund department director to go over the current fiscal year budget, and what their outlook is for next year. More detail will be provided at the work session Thursday May 7, 2020 at 6:00pm. - May 6, 2020 at 5:00 p.m. there will be an informational session with Somerton barbers and cosmetologists to inform them about the governor’s order to reopen these businesses Friday May 8th, 2020 with modifications. Making sure the safety guidelines are followed is very important as we move forward. Mr. McGaughey said the number of cases in Yuma County continues to roughly double each week and said it’s still very important to continue to follow the safety recommendations. He also said to expect to have a similar meeting with restaurants in the days ahead. - Sunset Health will be offering drive-through testing this Saturday May 9th, 2020 from 8 a.m. to noon in Somerton, and Regional Center for Border Health continues to offer COVID-19 testing every day. Both of these services are for people who think they may have been exposed to or infected with COVID-19. The city will be assisting with traffic control for this event, as well as for a meat donation
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event occurring Friday May 8th, 2020 at 10:00 a.m. at the community center. - Mr. McGaughey said we are looking ahead to the eventual reopening of city hall and other city facilities and are looking at the various precautions we can take to protect both staff and visitors, including installing plexiglass at customer service counters, placing markings on the floor indicating social distancing measures, and requiring the use of masks by customer service personnel as well as the public.
Jesus Meza, Parks and Recreation Director - Parks & Rec is coordinating logistics with PD/PW for meat distribution activity scheduled for Friday, May 8th from 10 a.m. to1 p.m. at community center. - Parks maintenance staff is using this time to reinforce maintenance projects. - Looking into adding protective components to City Hall; like plexiglass at front counters before opening our doors to public.
Carmen Juarez, Community Development Director - 2020 Census self-response in Somerton is at 20.3%, staff continue working on activities to incentivize residents. The first raffle to thank all residents who have submitted their questionnaire is scheduled for May 22nd, 2020 with prizes of gift certificates from local businesses and credits to city utilities. More raffles will occur in the next few months along with other activities. - 2020 General Plan Update is scheduled to be presented to Council for final approval on June 2nd, 2020. The Park & Zoning Commission recommended approval at their regular meeting on April 20th, 2020. - A review and potential approval of preliminary plan for Maxx Subdivision has been tentatively scheduled for May 18th, 2020 with the P&Z Commission and June 16th, 2020 with Council. This is a 16-lot subdivision at the southwest corner of Madison St. and Cesar Chavez Ave.
Sam Palacios, Public Works Director - Zocalo Gardens Street Reconstruction and Water Replacement Project Update: Contractor completed the removal of the asphalt and existing ABC material. Sub-contractor should start the water main replacement next week. - Water Main Extension on Avenue “B” Project Update: Contractor started the installation of the new 10” PVC line along Avenue “B”. Contractor started from south to north. - New High School Sewer Design Improvements Update: Received the 30% design plans for the above-mentioned project. Plans already sent to the Yuma Union High School Committee for review and comment. This includes the sewer force main, gravity line, and lift station. - New Traffic Impact Study for the upcoming High School, City Park, Commercial Development and Somerton School. Hired a consultant to perform the mentioned study. Received preliminary comments that will help to better plan the new infrastructure. Two very important items is the possible need for a new traffic signal on the future access to the high school and city parks to the north as well as the entrance to the south for the new Somerton school all of this is on Main Street, west of Cesar Chavez Avenue and the second is the need for redesign or make changes to the current Cesar Chavez Traffic Signal design. Working to determine the impact on these changes.
City of Somerton Agenda
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Hector Tapia, Economic Development Director - Tomorrow, May 6th, 2020, work starts on the façade improvement for the building located 316 W Main St. - A second meeting was held with a residential developer interested on building new homes in Somerton. A pre-application meeting will be held with their engineering firm to start the subdivision application process.
Araceli Juarez, Chief of Police - On board for traffic control on Saturday May 9th, 2020 testing at Sunset clinic. - On board for the distribution of meat on Friday May 8th, 2020. - Our Dispatchers began intense training today for New Computer Aided Dispatching Conversion. - Two new officers on board and on training, as soon as practical, we will present to Council and swear in. - Continue to review old cases, to finalize the cleanup of our Evidence Room. - Recently received PPE donations from AXON our Body Camera Provider.
Czarina Gallegos, Finance Director - Utility billing were sent Monday May 4th, 2020 - Met with department heads to finish up budget numbers for this week’s budget work session. - Working with WIFA and our current contractor on the water tank project.
Paul De Anda, Fire Chief - Thanked Mayor and Council for strong leadership - Working with Amanda Aguirre to do a testing program for all our employees and public safety people of south county. A portal will be open through the Governors Ducey’s Team that work for U of A to have us log in to schedule a date and to find out if any of our people have been exposed to the virus. - Continue to have an issue with County 19th and the desert. Many people still gathering; estimating around 500 to 1,000 people still going out there. Chief encouraged public leaders from the community to spread the word about not being the right time to be gathering.
Council Member Juan Castillo - Met with Economic Development Director, Hector Tapia and City Manager, Ian McGaughey, on April 28th, 2020, to express our goals to bring a grocery store to Somerton and what has been done. - Follow up on the ordinance he asked for about price gouging.
Vice Mayor Martha Garcia - She stated that she was added to two state committees which are Public Safety, Military Affairs and the Courts (PSMAC) and Neighborhoods, Sustainability and Quality of Life (NSQL) - After things get settled with the pandemic, she will meet with department heads pertaining to those committees for policy input.
City of Somerton Agenda
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Mayor Gerardo Anaya - Is concerned with the State opening up because Yuma County is not even hitting peak yet, we were behind on the curve compare to bigger cities so opening businesses has him concerned. Mayor Anaya said that is why we are being proactive, meeting with barbers and hair salons and this Friday meeting with restaurants. Mayor’s intent is to educate them about following CDC guidelines and also doing visits to make sure residents are kept safe and proper PPE being used. Mayor said they will have fire personnel at the meetings and police will be enforcing those guidelines and making sure they are being met.
EXECUTIVE SESSION City Council may vote to hold an Executive Session for the purpose of obtaining legal advice from the council’s attorney on any matter listed on the agenda, pursuant to Arizona Revised Statute §38- 431.03(A)(3).
Motion to adjourn into executive session at approximately 8:25 p.m.
RESULT: PASSED [UNANIMOUS] MOVER: Juan Castillo, Council Member SECONDER: Martha Garcia, Vice Mayor AYES: Martha Garcia, Miguel Villalpando, Carlos Gonzalez, Jesus Roldan, Juan Castillo,
Gerardo Anaya
1. Vote to hold Executive Session for discussion and consideration of employment, assignment, appointment, promotion, salaries, discipline, or evaluation of Ian McGaughey as City Manager for the City of Somerton per A.R.S. § 38-431.03(A)(1)
2. Vote to hold Executive Session for discussion or consultation with the City Attorney in
order to instruct its attorney on the City's position regarding contracts in negotiation with the Yuma Union High School District relating to facilities adjacent to the new high school. A.R.S. § 38-431.03(A)(4).
ADJOURNMENT Mayor Anaya adjourned the meeting at approximately 10:02 p.m.
_________________________ Gerardo Anaya, Mayor
CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of Tuesday, May 5, 2020.
_________________________ Ian McGaughey, City Manager
In accordance with the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act of 1973, the City of Somerton does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in its programs, activities or services. For information regarding rights and provision of the ADA or § 504, or to request reasonable accommodations for participation in City programs, activities or services contact: ADA/Section 504 Coordination, City of Somerton Human Resources, 143 N. State Avenue, Somerton, Arizona 85350. (928) 722-7400. TDD is the same number City of Somerton Agenda 9
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CITY COUNCILOF THE
CITY OF SOMERTON
Check Register for the Month of May 2020. MEETING DATE: June 16, 2020DEPARTMENT: AdministrationCATEGORY: ReportPREPARED BY: Andrea Moreno DISCUSSION SUGGESTED ACTION
City Recorder: ______________________________________________________
Report Criteria:
Report type: Summary
M = Manual Check, V = Void Check
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CITY COUNCILOF THE
CITY OF SOMERTON
Intergovernmental Agency Agreement between the City of Somerton and Somerton SchoolDistrict No. 11 for School Resource Officer (SRO) services provided to Somerton Middle School
for school year 2020-2021. MEETING DATE: June 16, 2020DEPARTMENT: PoliceCATEGORY: IGAPREPARED BY: Jorge Lozano DISCUSSIONEach year, the City and Somerton School District #11 enter into an IGA in order for the City to assign apolice officer designated as a school resource officer to Somerton Midde School. The city will bereimbursed $59,778.59 by the school district for this service. SUGGESTED ACTIONApprove IGA for SRO as presented.
Attachment(s)IGA school resource officer 2020-2021.pdf
All books, accounts, reports, files and other records relating to this Agreement shall be kept for five (5) years after termination of this Agreement. The assigned Resource Office shall establish and maintain procedures and controls that are acceptable to the
City for the purpose of assuring that no information contained in the Resource Officer's
records or obtained from the City or from others carrying out its function shall be disclosed by the Resource Officer, or anyone under his/her supervision, except as is
necessary in the performance of the officer's duties as described herein.
6. MODIFICATION AND TERMINATION
A. Termination
Either party may terminate this agreement if in its judgment such action is necessary
due to (a) funding availability; (b) statutory changes in the program; (c) either party's
failure to implement or operate the approved "Safe Schools Program"; (d) either party's
noncompliance with this Agreement, or (e) simply by giving thirty (30) days written notice. Any termination must be in writing, stating the reason therefore, is sent by certified mail and upon thirty (30) days notice to the other party.
8. Modification
Any modification to this agreement must be by mutual written consent of the parties.
7. EMPLOYMENT STATUS OF RESOURCE OFFICER
Except as otherwise provided in law, in the performance of this Agreement and the "Safe Schools Program" both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint ventures, or associated of each other. The employees, agents, or subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party.
The City will have the sole authority over (1) the assignment of the Resource Officer, (2) the determination of the Resource Officer's hours, (3) discipline of the Resource Officer, (4) the implementation of policies and procedures in the handling of police matters, and(5) semi-annual evaluations will be in September and March. The September evaluationwill be conducted by the Chief of Police. The March evaluation will be a collaboration ofthe Chief of Police and the school Principal.
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8. ENTIRE AGREEMENT
This agreement contains the entire understanding of the parties hereto. There are no representations or other provisions other that those contained herein, and any amendment or modification of this Agreement shall be made only in writing and signed by the parties to this Agreement.
9. INVALIDITY OF PART OF THE AGREEMENT
The parties agree that should any part of this Agreement be held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the parties.
10. GOVERNING LAW
This Agreement shall be construed under the laws of the State of Arizona and shall incorporate by reference all laws governing the intergovernmental agency agreements and mandatory contract provisions of state agencies required by stature or executive order.
11. COMPLIANCE WITH NON-DISCRIMINATION LAWS
City and District shall comply with the Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, and State Executive Order No. 75-5 which mandates that all persons, regardless of race, color, religion, sex, age,national origin or political affiliation, shall have equal access to employmentopportunities. The City and District shall comply with the Rehabilitation Act of 1973, asamended, which prohibits discrimination in the employment and advancement inemployment of qualified persons because of physical or mental handicap and theAmericans With Disabilities Act.
12. DISPUTE RESOLUTION NOTICE
If there is a dispute, which is subject to the mandatory arbitration provisions A.R.S. Section 12-133, the parties shall submit the matter to binding arbitration in compliance with the A.R.S. Section 12-1518.
13. CONFLICT OF INTEREST
The parties acknowledge that this Agreement is subject to cancellation provIsIons pursuant to A.R.S. 38-511, the provisions of which are incorporated herein and made a part thereof.
14. NOTICES
All notices, requests for payment, or other correspondence between the parties
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regarding this Agreement shall be mailed or delivered to the respective parties at the following addresses;
Somerton Elementary School District No.11 Attn: Laura Noel, Ed.D., Superintendent P. 0. Box 3200Somerton, Arizona 85350-3200(928)341-6000
City of Somerton Attn: Araceli Juarez, Chief of Police P. 0. Box 638Somerton, Arizona 85350-0638(928)722-7300
IN WITNESS WHERE OF, the parties thereto have executed this AGREEMENT on the date written below.
District: Somerton Elementary School District No. 11
Approved by the City of Somerton Mayor and Council this day of , 2020.
Public hearing pursuant to A.R.S. Section 41-563.01 relating to Alternative ExpenditureLimitation (Home Rule Option) regarding the proposed extension of the alternative expenditure
limitation for the City of Somerton. MEETING DATE: June 16, 2020DEPARTMENT: FinanceCATEGORY: Public HearingPREPARED BY: Andrea Moreno DISCUSSIONThe Arizona Constitution and Arizona Revised Statues impose an annual expenditure limitation onArizona cities and towns. Home Rule Option allows the community to determine what its spendinglimits will be at the local level rather than the formula-based limit imposed by the State of Arizona withthe approval of the majority of the qualified voters of Somerton. Without this Home Rule Option,Somerton expenditures would be limited to the State's imposed formula resulting in a reduction in Cityservices for next fiscal year 2020-2021. The Home Rule Option is in effect for four consecutive yearsonce it is approved. With the approval of Council, Somerton residents will be asked to vote on the Home Rule Option on theAugust 4, 2020 Primary Election ballot. if the ballot measure passes, the Home Rule Option will takeeffect for Fiscal Years 2021-2022 through 2024-2025. SUGGESTED ACTIONMotion to Open Public Hearing. Motion to Close Public Hearing. Motion under New Business #1.
Attachment(s)Not Applicable.
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CITY COUNCILOF THE
CITY OF SOMERTON
Discussion and possible action to approve Resolution No. 2020-013. A resolution of the Mayor andCity Council of the City of Somerton, Arizona proposing an extension of the Alternative
Expenditure Limitations. MEETING DATE: June 16, 2020DEPARTMENT: FinanceCATEGORY: ResolutionsPREPARED BY: Andrea Moreno DISCUSSION
Any city or town can adopt its own "alternative" expenditure limitation that is free from any ties to thestate-imposed limitation if a majority of the qualified electors voting on the issue at a city/town regularelection vote in favor of the alternative limitation. There are no limitations on the form of thisalternative limitation. An alternative limitation may be referred to the city voters by an affirmative voteof two-thirds of the members of the city council or qualified electors of the city/town may offer analternative limitation through the initiative process (Article IX, Section 20, subsection 9, Arizona StateConstitution).
A city council contemplating the adoption of an alternative expenditure limitation must hold two publichearings on the proposed action. Notice of these hearings must be published once a week for at leasttwo consecutive weeks in a newspaper of general circulation within the city. Immediately following thesecond hearing, the city/town council must convene in a special meeting and vote on the proposedalternative expenditure limitation. A record of the vote and, if approved, the amount of expenditures inexcess of the state-imposed expenditure limitation and purposes for the excess expenditures must bepublished in a newspaper of general circulation within the city.
Request to submit the required Environmental Review Records (ERR) and E-CO CertifyingOfficer Designation form for all CDBG Grants to the Arizona Department of Housing (ADOH).
MEETING DATE: June 16, 2020DEPARTMENT: Public WorksCATEGORY: GrantPREPARED BY: Andrea Moreno DISCUSSIONThe Arizona Department of Housing (ADOH) requires that all Local Units of Government that areCDBG Recipients designate a Certifying Officer who will be responsible for compliance with allenvironmental review requirements set forth by Section 102 of NEPA and the related provisions in 40CFR parts 1500 through 1508, and 24 CFR part 58. SUGGESTED ACTIONDesignate Jorge Lozano, Interim City Manager, as the Certifying Officer for the City of Somerton.
E-CO CERTIFYING OFFICER DESIGNATION (for Local Units of Government)
The Certifying Officer, responsible for compliance with all environmental review requirements, is usually the chief elected official (Mayor or Board Chair) or administrative officer (Town or County Manager) for the responsible entity/jurisdiction in which the project is located, or his/her designee. The designee should be an official with the legal authority to unilaterally sign a contract which obligates the grantee. The original of this executed form must be included in the Environmental Review Record.
Designation:
Jorge Lozano, Interim City Manager, of City of Somerton is the Certifying Officer as defined in 24 CFR Sec. 58.13 for the Environmental Review requirements of ADOHCDBG/HOME funds:
Date: 6/16/2020 Designated by: ________________________________ Gerardo "Jerry" Anaya, Mayor
Acknowledgement:
I, Jorge Lozano, Interim City Manager, accept the responsibilities of the Certifying Officer for City of Somerton, as defined in 24 CFR 58.13. I consent to assume the status of “responsible Federal official” as that term is used in section 102 of the National Environmental Policy Act of 1969 and understand that I am responsible for all the requirements of section 102 of NEPA and the related provisions in 40 CFR parts 1500 through 1508, and 24 CFR part 58, including the related Federal authorities listed in Sec. 58.5 insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity.
On behalf of the recipient, I personally accept the jurisdiction of the Federal courts for enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity.
Certifying Officer Signature: Date: 06/16/2020Jorge LozanoInterim City Manager
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CITY COUNCILOF THE
CITY OF SOMERTON
Discussion and possible action to approve a demonstration installation of cameras throughout theCity by Flock Safety.
MEETING DATE: June 16, 2020DEPARTMENT: PoliceCATEGORY: PresentationPREPARED BY: Araceli Juarez DISCUSSIONKraig Gardner, from Flock Safety, will be presenting the demonstration camera features and benefits. SUGGESTED ACTIONApprove six demonstration installation of cameras throughout the City by Flock Safety.
Attachment(s)flyer (005).pdfSIX CAMERA MAPCapture.PNGSomerton Counsel Deck.pptx
*five (5) camera minimum | one time installation fee per camera =$250*Flock Safety does not provide electrical services | electrical work not included in price
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CITY COUNCILOF THE
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Presentation on the Coronavirus Aid, Relief, and Economic Security Act (CARES) and City ofSomerton's fund allocation and possible uses.
MEETING DATE: June 16, 2020DEPARTMENT: AdministrationCATEGORY: PresentationPREPARED BY: Jorge Lozano DISCUSSIONThe Governor’s Office established the AZCares Fund to provide immediate relief for COVID-19response efforts in local communities across the state - maximizing flexibility and minimizing red tape,so municipalities can determine how best to use the funds to meet their needs. The City of Somerton'sfund allocation will be 1.9 million. Council might wish to identify funding priorities or any specialprojects for the expected funds. SUGGESTED ACTIONPresentation only.
AZCares Fund: OverviewUpdated: May 29, 2020Governor’s Office of Strategic Planning and Budgeting (OSPB)
Economic Recovery Management Team (ERMT)
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Coronavirus Aid, Relief, and Economic Security (CARES) Act
● The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress with overwhelming, bipartisan support and signed into law by President Trump on March 27, 2020
● Over $2 trillion was initially allocated with the potential to be over $7 trillion when fully implemented 58
Coronavirus Aid, Relief, and Economic Security (CARES) Act
● The CARES Act established the Coronavirus Relief Fund (CRF):○ U.S. Department of the Treasury was appropriated $150B for CRF to distribute to States
and units of local government over 500,000.○ Arizona was allocated a total of $2.8B
■ The Cities of Mesa, Phoenix, Tucson along with the Counties of Maricopa and Pima received a combined direct allocation total of $965.4M
○ $1.8B was directly received by the Governor’s Office○ $441M is being allocated by the Governor’s Office to local jurisdictions, AZCares Fund
■ Used the same formula as the Treasury■ 50% of Arizona’s total allocation is directed to local governments either through
direct payments from Treasury or pass-through from the Governor’s Office.59
AZCares Fund
Who is eligible?
● Any County and incorporated City or Town that did not receive a direct allocation from the U.S. Department of the Treasury
What are allowable costs?
● Public health and safety regular salary and employee-related-expense (ERE) costs incurred between March 1, 2020 and December 30, 2020 60
AZCares FundWhat is considered public safety and health?
● Public safety includes Sheriff Deputies, Police Officers, 9-1-1, Fire, and Emergency Medical Services (EMS). This definition includes contracted resources if not provided directly by your local jurisdiction. Costs such as overtime, hazardous duty pay, COVID specific training, and PPE should be submitted to FEMA through its Public Assistance (PA) Grant Program.
● Public health includes public health department, health care, human services, and/or similar type of employees.
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AZCares FundPre-application
● Confirm that you have a Dun & Bradstreet (DUNS) number○ If not, you will need to register for one: https://www.dnb.com/
● Confirm that you are registered with the federal System for Award Management (https://www.sam.gov/SAM/)○ Public view enabled or a screenshot of your account information
● If not already set-up for ACH payment with the State of Arizona GAO then start the process: https://gao.az.gov/sites/default/files/GAO-618%20ACH%20Authorization%20Form%20101019.pdf
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AZCares Fund - What are the Requirements?Application Submission
● Complete application○ Scope and budget
● Actual public health and safety payroll expenses and EREs from March 1, 2020 to latest date upto application submission
● Forecasted public health and safety payroll expenses and EREs for the remainder of the award allocation balance or December 30, 2020
● Execute Certification Form● SAM.gov registration screenshot if account is not public view enabled
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AZCares Fund - What are the Requirements?
Award
● Accept your award● Execute Grant Agreement Terms and Conditions● Confirm ACH approval● Set-up a unique accounting fund to receive your payment(s)
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AZCares Fund - What are the Requirements?Post-Award
● If needed, submit additional reimbursement request(s) or forecasted payroll expenses
● Confirm FEMA Public Assistance (PA) Grant Program registration
● Confirm FEMA PA Grant Program submission● Federal CARES Act Reporting through ERMT
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AZCares Fund
When can I apply?
● Now through July 30, 2020 (5 applications already received)
Where do I apply?
● On the Arizona Statewide Grants Management Tool, eCivis’ Sub-Recipient Module (SRM)
How do I apply? 66
Visit https://arizonatogether.org/grants
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AZCares Fund: FAQsDo these expenses need to have been incurred specifically due to the COVID-19 public health emergency?No, per the U.S. Department of the Treasury FAQs. As a matter of administrative convenience, it is assumed that all public health and public safety personnel are either performing COVID-19 related duties or their jobs have been materially changed due to COVID-19.
What if I don’t have payroll costs that justify my total allocation at time of application?Applicants should include their forecasted payroll for the remainder of the project/budget period (up to 12/30/2020) along with a copy of the previous year’s actuals. If an applicant is more comfortable with submitting actuals vs. forecasts, it may submit additional requests for reimbursements, up to twice a month, until such a time as its grant award has been exhausted.
What if I want to use these funds to support small businesses, non-profits, arts or other types of activities?The purpose of the AZCares Fund is to provide local jurisdictions as much financial flexibility as possible while not duplicating other federal funding streams. Once the local jurisdiction has reimbursed the previously incurred public health and public safety cost, it is free to deploy the local resources to any purpose decided upon by that jurisdiction.
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AZCares Fund: FAQsWhy do I have to register with the FEMA Portal and submit a Public Assistance application in order to receive these funds?The AZCares Fund was specifically designed so as to not duplicate the FEMA Public Assistance (PA) Grant Program. The state however knows that local jurisdictions have incurred many expenses that are eligible for PA and wants jurisdictions to maximize these resources. FEMA and its PA Grant Program have been allocated over $50 billion in supplemental resources and it is critical to Arizona’s response and recovery to secure an appropriate share of these resources.
What if I don’t have any eligible expenses to justify a FEMA Public Assistance application?It is unlikely that a local jurisdiction does not have any expenses that would apply but if it does, it should reach out to the Economic Recovery Management Team to discuss its specific situation.
What is the Arizona Express Pay Program?The Express Pay Program is a Governor’s Office initiative, in partnership with DEMA. As part of the program, the Governor’s Office will provide $150 million to expedite FEMA reimbursement requests. Applicants should continue to work with the DEMA project specialist to identify and submit an application for FEMA PA. As part of the application, DEMA will identify an amount of the application eligible for an express pay advance.
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AZCares Fund: Questions?
Contact Information:
Arizona Governor's Office of Strategic Planning and Budget
CITY/TOWN/COUNTY POPULATION* AZCARES FUND ALLOCATIONApache County 61,456 $7,055,552Eagar 4,941 $567,259St. Johns 3,512 $403,201Springerville 1,978 $227,087TOTAL APACHE COUNTY POPULATION 71,887Cochise County 50,007 $5,741,132Benson 4,880 $560,257Bisbee 5,225 $599,865Douglas 16,193 $1,859,063Huachuca City 1,736 $199,305Sierra Vista 43,045 $4,941,849Tombstone 1,303 $149,593Willcox 3,533 $405,612TOTAL COCHISE COUNTY POPULATION 125,922Coconino County 52,978 $6,082,222Flagstaff 75,038 $8,614,855Fredonia 1,281 $147,068Page 7,529 $864,379Sedona** 2,822 $323,985Tusayan 580 $66,588Williams 3,248 $372,892TOTAL COCONINO COUNTY POPULATION 143,476Gila County 25,791 $2,960,977Globe 7,347 $843,484Hayden** 631 $72,443Miami 1,780 $204,356Payson 15,813 $1,815,437Star Valley 2,308 $264,974Winkelman** 348 $39,953TOTAL GILA COUNTY POPULATION 54,018Graham County 21,096 $2,421,960Pima 2,558 $293,676Safford 9,983 $1,146,114Thatcher 5,200 $596,995TOTAL GRAHAM COUNTY POPULATION 38,837*US Census Bureau, 2019 Estimated **City/town boundaries are in two (2) counties, total combined allocation is listed on last page
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CITY/TOWN/COUNTY POPULATION* AZCARES FUND ALLOCATIONGreenlee County 5,002 $574,263Clifton 3,708 $425,703Duncan 788 $90,468TOTAL GREENLEE COUNTY POPULATION 9,498La Paz County 14,138 $1,623,136Parker 3,207 $368,185Quartzsite 3,763 $432,018TOTAL LA PAZ COUNTY POPULATION 21,108Maricopa County 325,615 *Allocation received from U.S.
Department of the Treasury Apache Junction** 335 $38,461Avondale 87,931 $10,095,056Buckeye 79,620 $9,140,899Carefree 3,927 $450,846Cave Creek 5,838 $670,241Chandler 261,165 $29,983,456El Mirage 35,753 $4,104,679Fountain Hills 25,200 $2,893,126Gila Bend 2,100 $241,094Gilbert 254,114 $29,173,954Glendale 252,381 $28,974,995Goodyear 86,840 $9,969,802Guadalupe 6,631 $761,282Litchfield Park 6,436 $738,895Mesa 518,012 *Allocation received from U.S.
Department of the Treasury Paradise Valley 14,637 $1,680,424Peoria** 175,961 $20,201,477Phoenix 1,680,992 *Allocation received from U.S.
Department of the Treasury Queen Creek** 44,968 $5,162,621Scottsdale 258,069 $29,628,014Surprise 141,664 $16,263,957Tempe 195,805 $22,479,699Tolleson 7,372 $846,354Wickenburg** 7,189 $825,344Youngtown 6,859 $787,458TOTAL MARICOPA COUNTY POPULATION 4,485,414*US Census Bureau, 2019 Estimated **City/town boundaries are in two (2) counties, total combined allocation is listed on last page
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CITY/TOWN/COUNTY POPULATION* AZCARES FUND ALLOCATIONMohave County 79,583 $9,136,651Bullhead City 40,884 $4,693,751Colorado City 4,836 $555,205Kingman 31,013 $3,560,496Lake Havasu City 55,865 $6,413,669TOTAL MOHAVE COUNTY POPULATION 212,181
Navajo County 70,275 $8,068,031Holbrook 5,084 $583,677Pinetop-Lakeside 4,469 $513,071Show Low 11,442 $1,313,617Snowflake 5,995 $688,265Taylor 4,321 $496,079Winslow 9,338 $1,072,064TOTAL NAVAJO COUNTY POPULATION 110,924Pima County 366,996 *Allocation received from U.S.
Department of the Treasury Marana** 49,030 $5,628,966Oro Valley 46,044 $5,286,153Sahuarita 31,421 $3,607,337South Tucson 5,715 $656,119Tucson 548,073 *Allocation received from U.S.
Department of the Treasury TOTAL PIMA COUNTY POPULATION 1,047,279
Pinal County 236,659 $27,170,006Apache Junction** 42,236 $4,848,970Casa Grande 58,632 $6,731,338Coolidge 13,130 $1,507,410Eloy 19,625 $2,253,079Florence 27,422 $3,148,226Hayden** 0 $0Kearny 2,168 $248,901Mammoth 1,687 $193,679Marana** 0 $0Maricopa 52,127 $5,984,522Queen Creek** 5,922 $679,884Superior 3,178 $364,855Winkelman** 3 $344TOTAL PINAL COUNTY POPULATION 462,789*US Census Bureau, 2019 Estimated **City/town boundaries are in two (2) counties, total combined allocation is listed on last page
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CITY/TOWN/COUNTY POPULATION* AZCARES FUND ALLOCATIONSanta Cruz County 25,521 $2,929,978Nogales 20,103 $2,307,956Patagonia 874 $100,341TOTAL SANTA CRUZ COUNTY POPULATION 46,498Yavapai County 91,067 $10,455,089Camp Verde 11,187 $1,284,341Chino Valley 12,375 $1,420,731Clarkdale 4,391 $504,116Cottonwood 12,253 $1,406,725Dewey-Humboldt 4,137 $474,955Jerome 455 $52,237Peoria** 0 $0Prescott 44,299 $5,085,816Prescott Valley 46,515 $5,340,227Sedona** 7,517 $863,001Wickenburg** 903 $103,670TOTAL YAVAPAI COUNTY POPULATION 235,099Yuma County 61,126 $7,017,666San Luis 34,778 $3,992,743Somerton 16,554 $1,900,508Wellton 3,044 $349,471Yuma 98,285 $11,283,763TOTAL YUMA COUNTY POPULATION 213,787AZCARES FUND TOTAL ALLOCATIONS 7,278,717 $440,745,718
*US Census Bureau, 2019 Estimated **City/town boundaries are in two (2) counties, total combined allocation is listed on last page
TOTAL ALLOCATION
$20,201,477$5,842,506$1,186,985
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CITY COUNCILOF THE
CITY OF SOMERTON
Discussion and possible action to extend the lease of 55.5 acres located near Main Street andCesar Chavez between the City of Somerton and Nature Fresh Farms, LLC, from July 1, 2020 to
January 15, 2021. MEETING DATE: June 16, 2020DEPARTMENT: Economic DevelopmentCATEGORY: ContractPREPARED BY: Hector Tapia DISCUSSIONOn September 11, 2017, City of Somerton entered into a lease agreement with Nature Fresh Farms,LLC, for the purpose of farming 55.5 acres near Main Street and Cesar Chavez Avenue. Nature Freshwas farming this land before the City purchased the 55.5 acres in conjunction with YUHSD. Once Citybecame the owners, City has been leasing the land as an additional revenue stream until the high schoolproject breaks ground. Both the YUHSD land lease and the Somerton land lease ended on June 30,2019. The lease was extended until June 30, 2020. As of June 2, 2020, the high school project is notready to break ground, and YUHSD has proposed an extension to their lease until January 15, 2021.City also wishes to extend the lease to mirror the YUHSD's plans. The City’s share of the lease untilJanuary 15, 2021 is for $24,750 with an option to extend the lease until March 2021, if needed. NatureFresh Farms, LLC wishes to extend lease. SUGGESTED ACTIONApprove the lease extension requested by Nature Fresh Farms, LLC starting July 1, 2020 to January 15,2021 for the amount of $24,750.
LEASE AMENDMENT This agreement, entered into June ____, 2020, is by and between City of Somerton (“Lessor” hereafter) and Nature Fresh Farms, LLC (“Lessee” hereafter), collectively “Parties” and individually “Party”. 1. Whereas:
a. Parties entered into a certain lease agreement dated 09/11/17 (“Agreement” hereafter).
b. Agreement Term was extended to 06/30/20 pursuant to an amendment by Parties dated 06/19/19.
c. Parties wish to extend Term to 01/15/21. 2. Now, therefore, Agreement shall be amended as follows:
a. Paragraph 3.1 – Paragraph shall be replaced with “The initial term of this agreement shall commence on 09/14/17 and end on 01/15/21 (“Term” hereafter).”
b. Paragraph 3.2 – Text at the bottom of page 2 shall be replaced with “Lessee agrees to pay rent, for the portions of Term noted below, as follows (All rent shall be mailed to Lessor at the address noted above): 1. 09/14/17 – 06/30/19: In accordance with the schedule below. 2. 07/01/19 – 03/01/20: $33,000.00. Payment to be made by Lessee not later than
07/01/19. 3. 03/02/20 – 06/30/20: $16,500.00. Payment to be made by Lessee not later than
03/02/20. 4. 07/01/20 – 01/15/21 $24,750.00. Payment to be made by Lessee not later than
07/01/20.” c. Paragraph 3.3.B – Agreement paragraph shall replaced with the following verbiage: “To
the extent applicable to the Yuma County Water Users Association (“YCWUA”) 2020 2nd installment, Lessee shall pay, before delinquent, all charges from YCWUA including, but not limited to, annual assessments, excess water charges, land based charges, and water delivery charges.”
Agreed and acknowledged: Lessor: Lessee: City of Somerton Nature Fresh Farms, LLC A municipal corporation of the State of Arizona An Arizona limited liability company Signature Signature Name Name Title Title 76
CITY COUNCILOF THE
CITY OF SOMERTON
Discussion and possible action to approve the service agreement to install National FireOperations Reporting System.
MEETING DATE: June 16, 2020DEPARTMENT: FireCATEGORY: ContractPREPARED BY: Paul De Anda DISCUSSION
This service agreement was presented to us by the Arizona Municipal Risk Retention Pool. TheInternational Public Safety Data Institute by way of a grant through FEMA, created the National FireOperations Reporting System (NFORS). What IPSDI does via NFORS is track the exposures that occurevery day to Firefighters. Up to now, there hasn’t been a validated way to track Firefighters exposuresand to be able an quantify these. NFORS has dashboard that integrates into our Computer AidedDispatching system. Every time that we go on a call for service they will know and push out areminder via cell phones to the Firefighters who responded. The Firefighters, will provide what type ofcall and what potential exposures occurred. This way, at any time in their career, Firefighters will beable to have hard, evidence based proof of exposures that can be linked to illness.
This is all be paid for by AMRRP and FEMA. Could you please review the attached service agreementand let me know when you are good with it. As soon as you let me know, I will add this as an agendaitem.
SUGGESTED ACTIONApprove the service agreement to install and utilize the National Fire Operations Reporting System.
INT’L PUBLIC SAFETY DATA INST.10317 BURWELL Rd.Nokesville, VA 20181
International Public Safety Data Institute | 10317 Burwell Rd | Nokesville, VA 20181 1
Order Form rev01.01 – May 2020_AMRRP
May 28, 2020
Paul De AndaFire ChiefSomerton Fire Department PO Box 638Somerton, AZ 85350
Re: International Public Safety Data Institute Order
This letter will confirm that Somerton Fire Department (the “Client”) has ordered the below-listed services from International Public Safety Data Institute (“IPSDI”), a Virginia nonstock corporation. This Order Form (the “Order Form”), along with the attached Standard Terms (the “Standard Terms”) comprise the Agreement (the “Agreement”) between Client and IPSDI.
Order. Client hereby orders the following from IPSDI:
Service Description Unit CostStatEngine/NFORS Integration Services Paid via AMRRP StatEngine/NFORS Subscription Paid via AMRRP
Fees and Invoicing. IPSDI will commence work on the Integration Services as soon as a signed Service Agreement is received. Upon completion of the Integration Services, IPSDI will send Client a welcome email including a set of credentials to access IPSDI’s “Admin Panel” where Client can create user accounts for its end users in NFORS/StatEngine. The first thirty (30) days of your NFORS/StatEngine subscription is included with the Integration Service. Following this trial phase, your NFORS subscription will be initiated.
Term and Termination. Client may terminate this Order at any time without penalty or further liability. Any prepaid fees are non-refundable.
Client and IPSDI hereby accept(s) and agree(s) to the terms set forth in the Agreement.
CLIENT IPSDI
__________________________________ __________________________________[Printed name of client] [Printed name of Signatory]
International Public Safety Data Institute | 10317 Burwell Rd | Nokesville, VA 20181 2
Standard Terms rev01.01 – May 2020_AMRRP
IPSDI Standard TermsThese Standard Terms (“Standard Terms”) along with the Order Form (“Order Form”) comprise the Agreement
(“Agreement”) between Client and International Public Safety Data Institute (“IPSDI”) and explain the terms under which IPSDI will provide services to Client. Any defined term in the Order Form shall have the same definition in the Standard Terms. In the event of a conflict between the provisions in the Standard Terms and
the Order Form, the provisions in these Standard Terms shall control.
1. Additional Information.
1.1. “Integration Services” means (1) integration of Client’s Computer Aided Dispatch (CAD), Records Management System (RMS), or data repository with the StatEngine service, provided by Prominent Edge LLC, to enable data transmission to NFORS; and (2) integration of Client’s CAD system with StatEngine to enable the transmission of Client’s emergency incident data to the NFORS CAD Dashboard and Exposure Report.
1.2. “NFORS” means the National Fire Operations Reporting Service. NFORS is owned and operated by IPSDI. Use of the NFORSis subject to the terms and conditions of the NFORS service as may be promulgated and changed from time to time.
1.3. “StatEngine” means the StatEngine service provided by Prominent Edge LLC and IPSDI is an authorized reseller of StatEngine. Use of the StatEngine service is subject to the terms and conditions of the StatEngine service as may be promulgated and changed from time to time.
2. Intellectual Property and Licenses.
2.1. IPSDI Intellectual Property. “IPSDI Intellectual Property” includes all IPSDI’s applications, code (source and object code forms), software, templates, repositories, functionality customizations (and improvement thereto), derivative works, tools, products, content, URLs, domain names, technology, system or network architecture, topology, scripts, user interfaces, “look and feel”, trade secrets, copyright rights, trademarks, patent rights, know-how, inventions and rights of priority as recognized in any country or jurisdiction in the world developed by IPSDI (or licensed from third parties by IPSDI) prior to or during the course of this Agreement. IPSDI Intellectual Property remains the exclusive property of IPSDI. IPSDI owns all rights, including, without limitation, all intellectual property rights to any IPSDI Intellectual Property developed by IPSDI.
2.2. Client License. Subject to Client’s compliance with the terms and conditions of this Agreement, including payment obligations, IPSDI hereby grants to Client and its end-users a personal, nonexclusive, revocable, non-transferable and limited end-user license to access and use IPSDI Intellectual Property contained or embodied in any materials delivered to Client by IPSDI.
2.3. Client Intellectual Property. Except for IPSDI Intellectual Property, all work performed pursuant to this Agreement shall be considered a work-for-hire and, upon Client’s compliance with its payment obligations, shall become the exclusive property of Client (“Client Intellectual Property”).
3. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY.
3.1. Disclaimer. EXCEPT AS EXPRESSLY REPRESENTED OR WARRANTED IN SECTION 3, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY SOFTWARE ARE PROVIDED “AS IS,” AND IPSDI DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. IPSDI DOES NOT WARRANT THAT THE SERVICES OR ANY SOFTWARE PROVIDED BY IPSDI WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
3.2. Exclusions of Remedies; Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF IPSDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IPSDI’S CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL BE LIMITED TO THE AMOUNT CLIENT ACTUALLY PAYS IPSDI DURING THE THREE (3) MONTHS PRIOR TO THE ACT, OMISSION, OR EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
3.3. Essential Basis of the Agreement. IPSDI and Client acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth in this Section 3 form an essential basis of the agreement between the Parties, that the Parties have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms and conditions in this Agreement, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.
4. Miscellaneous.
79
International Public Safety Data Institute | 10317 Burwell Rd | Nokesville, VA 20181 3
Standard Terms rev01.01 – May 2020_AMRRP
4.1. Non-Payment. In the event any amount due to IPSDI under this Agreement becomes past due, IPSDI may restrict or remove Client’s access to Stat Engine and NFORS. Any past due amounts shall accrue interest at a rate of one percent per month. In the event that IPSDI is required to retain the services of an attorney to collect any past due amounts, Client shall pay IPSDI’s reasonable costs and attorney’s fees. This clause shall survive any termination of the Agreement.
4.2. Termination by IPSDI. IPSDI may terminate this Agreement at any time after the first anniversary of the date on the top of the Order Form.
4.3. Determination of Population Size and Fees. The fees set forth on the Order Form are determined based on IPSDI’s calculation of the population size served by Client. IPSDI reserves the right to adjust the rates charged to Client without limitation if IPSDI determines that Client’s population size has changed or if IPSDI determines that the initial determination of Client’s population size was incorrect.
4.4. No Third Party Beneficiary Rights. This Agreement is not intended to and shall not be construed to give any person other than the parties signatory hereto any interest or rights, (including any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
4.5. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof and, except as specifically provided herein, supersedes and merges all prior oral and written agreements, discussions and understandings between the Parties with respect to the subject matter hereof, and neither of the Parties will be bound by any conditions, inducements or representations other than as expressly provided for herein.
4.6. Amendments and Modifications. This Agreement may not be amended or modified except in a writing duly executed by authorized representatives of both Parties.
4.7. Choice of Law; Venue. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflicts of law principles. All disputes regarding this
Agreement shall be brought exclusively in the state or county courts of Arlington County, Virginia or the Alexandria Division of the United States District Court for the Eastern District of Virginia. Client consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available. In the event Client nevertheless brings suit in another jurisdiction, Client agrees to pay the costs and fees (including attorneys’ fees) incurred by IPSDI in defending or seeking dismissal of the same.
4.8. Force Majeure. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its reasonable control, including labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
4.9. Assignment. Except in the event of a sale of substantially all of the equity or assets of IPSDI or Client, neither party will assign this Agreement, or delegate or sublicense any rights under this Agreement, without the other party’s prior written consent, except that IPSDI may utilize subcontractors. Any assignment or transfer in violation of this section will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
4.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed will be deemed to be an original and all of which when taken together will constitute one Agreement.
4.11. Headings. The headings in this Agreement are inserted merely for the purpose of convenience and will not affect the meaning or interpretation of this Agreement.
4.12. Marketing. Client hereby authorizes IPSDI to publicly disclose Client’s identity in connection with IPSDI’s sales and marketing efforts.
4.13. Severability in Event of Partial Invalidity. If any provision of the Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect
80
CITY COUNCILOF THE
CITY OF SOMERTON
Discussion and possible action to adopt the 2021 Preliminary Budget. MEETING DATE: June 16, 2020DEPARTMENT: FinanceCATEGORY: BudgetPREPARED BY: Czarina Gallegos DISCUSSIONA public hearing will be held in Council Chambers at the first regularly scheduled Council meeting inJuly 2020 for the purpose of determining and adopting the estimates of proposed expenditures forvarious purposes as set forth in these schedules. The preliminary budget before you includes the discussed changes from special meetings held onThursday, May 7th and Tuesday, May 19th 2020. This includes a 10% reduction in operatingexpenditures and transfer into contingency. This transfer will be evaluated in January of 2021 to ensureappropriate revenues have been received prior to restoring the budget to full capacity. SUGGESTED ACTIONAdopt the 2021 Preliminary Budget.
****** Amounts on this line represent Fund Balance/Net Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be
maintained intact (e.g., principal of a permanent fund).
Sch
FUNDS
Includes Expenditure/Expense Adjustments Approved in the current year from Schedule E.
The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted.
City of SomertonSummary Schedule of Estimated Revenues and Expenditures/Expenses
Fiscal Year 2021
Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year.
Fiscal Year
Arizona Auditor General's Office Schedule A Official City of Somerton Budget Forms
85
2020 20211.
$ 692,254.00 $ 712,083.00
2.
$ -
3. Property tax levy amountsA. Primary property taxes $ 678,677.00 $ 712,083.00 B. Secondary property taxes 171,000.00 171,000.00 C. Total property tax levy amounts $ 849,677.00 $ 883,083.00
B. Special assessment district tax ratesSecondary property tax rates - As of the date the proposed budget was prepared, the
special assessment districts for which secondaryproperty taxes are levied. For information pertaining to these special assessment districtsand their tax rates, please contact the city.
*
city was operating
Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year.
Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18)
City of SomertonTax Levy and Tax Rate Information
Fiscal Year 2021
Maximum allowable primary property tax levy. A.R.S. §42-17051(A)
Arizona Auditor General's Office Schedule B Official City of Somerton Budget Forms
Total Special Revenue Funds $ 3,213,000 $ 2,193,000 $ 2,795,000
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year.
City of SomertonRevenues Other Than Property Taxes
Fiscal Year 2021
SOURCE OF REVENUES
Arizona Auditor General's Office Schedule C Official City of Somerton Budget Forms
87
ESTIMATED REVENUES
ACTUAL REVENUES*
ESTIMATED REVENUES
2020 2020 2021
City of SomertonRevenues Other Than Property Taxes
Fiscal Year 2021
SOURCE OF REVENUES
DEBT SERVICE FUNDS
$ $ $$ $ $
Total Debt Service Funds $ $ $
CAPITAL PROJECTS FUNDS
CIP Projects $ 1,895,000 $ $ 2,000,000
$ 1,895,000 $ $ 2,000,000
Total Capital Projects Funds $ 1,895,000 $ $ 2,000,000PERMANENT FUNDS
Water Impact Fees $ 200,000 $ 50,000 $ 200,000Wastewater Impact Fees 175,000 173,000 175,000Utility Grant 311,200 200,000 850,000
$ 686,200 $ 423,000 $ 1,225,000
Total Enterprise Funds $ 5,364,200 $ 4,871,000 $ 5,811,000INTERNAL SERVICE FUNDS
$ $ $$ $ $
Total Internal Service Funds $ $ $
TOTAL ALL FUNDS $ 20,683,200 $ 18,416,000 $ 20,523,917
* Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year.
Arizona Auditor General's Office Schedule C Official City of Somerton Budget Forms
88
FUND SOURCES (USES) IN (OUT)GENERAL FUNDTransfer to Debt Service Fund $ $ $ $ 1,400,000Loan to Water Fund 350,000Senior Center 110,000
Total General Fund $ $ $ $ 1,860,000SPECIAL REVENUE FUNDSTransfer to Debt Service Fund-HURF $ $ $ $ 169,000Transfer to Debt Service Fund-DevFee 58,000Senior Center 110,000
Total Special Revenue Funds $ $ $ 110,000 $ 227,000DEBT SERVICE FUNDSTransfer in General Fund $ $ $ 1,400,000 $Transfer in HURF 169,000Transfer in PSF Impact Fees 58,000
Total Debt Service Funds $ $ $ 1,627,000 $CAPITAL PROJECTS FUNDS
$ $ $ $
Total Capital Projects Funds $ $ $ $PERMANENT FUNDS
$ $ $ $
Total Permanent Funds $ $ $ $ENTERPRISE FUNDSWater Fund from General Fund $ $ $ 350,000 $Water Fund from WIFA 650,000 650,000Water Fund from Various 1,465,000 1,465,000Water Fund from Lender 300,000 300,000
Total Enterprise Funds $ 2,415,000 $ 2,415,000 $ 350,000 $INTERNAL SERVICE FUNDS
$ $ $ $
Total Internal Service Funds $ $ $ $
TOTAL ALL FUNDS $ 2,415,000 $ 2,415,000 $ 2,087,000 $ 2,087,000
2021 2021
City of SomertonOther Financing Sources/(Uses) and Interfund Transfers
Fiscal Year 2021
OTHER FINANCING INTERFUND TRANSFERS
Arizona Auditor General's Office Schedule D Official City of Somerton Budget Forms
Total Enterprise Funds $ 6,854,550 $ $ 4,963,500 $ 9,211,000INTERNAL SERVICE FUNDS
$ $ $ $
Total Internal Service Funds $ $ $ $TOTAL ALL FUNDS $ 23,627,000 $ $ 14,973,400 $ 26,263,500
*
Expenditures/Expenses by FundFiscal Year 2021
City of Somerton
Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
FUND/DEPARTMENT
Arizona Auditor General's Office Schedule E Official City of Somerton Budget Forms
90
ADOPTED BUDGETED
EXPENDITURES/EXPENSES
EXPENDITURE/EXPENSE
ADJUSTMENTS APPROVED
ACTUAL EXPENDITURES/
EXPENSES*
BUDGETED EXPENDITURES/
EXPENSES DEPARTMENT/FUND 2020 2020 2020 2021
Mayor and CouncilGeneral Fund $ 141,100 $ 16,500 $ 153,500 $ 174,000
Department Total $ 141,100 $ 16,500 $ 153,500 $ 174,000
AdministrationGeneral Fund $ 394,000 $ (56,907) $ 338,500 332,000
Department Total $ 394,000 $ (56,907) $ 338,500 $ 332,000
Genral GovernmentDebt Service Fund $ 1,632,500 $ $ $ 1,627,000Capital Projects 500,000 1,500,000General Fund 510,500 (50,183) 890,000
Department Total $ 2,643,000 $ (50,183) $ $ 4,017,000
City ClerkGeneral Fund $ 40,600 $ 15,000 $ 55,600 $ 92,000
Department Total $ 40,600 $ 15,000 $ 55,600 $ 92,000
CourtGeneral Fund $ 448,800 $ $ 418,500 $ 528,400Court Enhancement Fund 80,000 27,000 50,000Court Trust Fund 25,000 25,000
Department Total $ 553,800 $ $ 445,500 $ 603,400
PoliceGenreal Fund $ 2,887,800 $ (45,671) $ 2,475,800 $ 2,769,500Public Safety Special Projects 554,500 41,400 400,000
Department Total $ 3,442,300 $ (45,671) $ 2,517,200 $ 3,169,500
FireGenreal Fund $ 2,065,000 $ 55,900 $ 2,120,900 $ 2,135,000Public Safety Special Projects 400,000 250,000 400,000
Department Total $ 2,465,000 $ 55,900 $ 2,370,900 $ 2,535,000
Parks and RecreationGenreal Fund $ 1,125,700 $ 137,543 $ 1,092,000 $ 1,127,000Senior Center Fund 224,250 204,600 234,000Donations Fund 96,000 120,000Improvement District Fund 171,000 171,000 171,000
Department Total $ 1,616,950 $ 137,543 $ 1,467,600 $ 1,652,000
Department Total $ 384,500 $ (150,087) $ 202,400 $ 243,000
Human ResourcesGeneral Fund $ 160,000 $ (65,174) $ 78,800 $ 76,000
Department Total $ 160,000 $ (65,174) $ 78,800 $ 76,000
Information TechnologyGeneral Fund $ 205,000 $ $ 106,000 $ 171,000
Department Total $ 205,000 $ $ 106,000 $ 171,000
City AttorneyGeneral Fund $ $ 125,050 $ 91,200 $ 157,500
Department Total $ $ 125,050 $ 91,200 $ 157,500
Public WorksHURF $ 1,678,700 $ $ 1,190,000 $ 1,681,000Development Fee Fund - GG 600,000 2,000 600,000Capital Projects 1,395,000 500,000Water Fund 2,343,000 1,553,500 2,571,000Wastewater Fund 2,702,350 2,303,000 3,890,000Development Fee Fund - WW 500,000 50,000 600,000Sanitation Fund 998,000 857,000 1,300,000Utility Grant Fund 311,200 200,000 850,000
Department Total $ 10,528,250 $ $ 6,155,500 $ 11,992,000
Department Total $ 23,627,000 $ $ 14,973,400 $ 26,263,500 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the
proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
Arizona Auditor General's Office Schedule F Official City of Somerton Budget Forms
TOTAL ALL FUNDS 138 $ 6,212,700 $ 1,124,300 $ 1,287,400 $ 582,600 $ 9,207,000
Total Internal Service Fund
INTERNAL SERVICE FUND
SPECIAL REVENUE FUNDS
DEBT SERVICE FUNDS
CAPITAL PROJECTS FUNDS
PERMANENT FUNDS
ENTERPRISE FUNDS
Total Special Revenue Funds
Total Debt Service Funds
Total Capital Projects Funds
Total Permanent Funds
Total Enterprise Funds
FUND
City of SomertonFull-Time Employees and Personnel Compensation
Fiscal Year 2021
GENERAL FUND
Arizona Auditor General's Office Schedule G Official City of Somerton Budget Forms
93
CITY COUNCILOF THE
CITY OF SOMERTON
Presentation on the introduction of the 2020-2021 Property Tax Levy as presented in thePreliminary 2021 Budget.
MEETING DATE: June 16, 2020DEPARTMENT: FinanceCATEGORY: BudgetPREPARED BY: Czarina Gallegos DISCUSSIONDiscussion regarding adopting the full extent of the levy of $712,083 or minimum levy amount$684,123 for an increase of $27,960. If council decides to increase the levy to the maximum, theincrease will have a $6.65 impact on a home valued at $100,000 for the 2020-2021 tax year. This willdetermine when the hearing will be held and the type of advertising required. SUGGESTED ACTIONPresentation only.
Actual current primary property tax levy: 678,377$ (line F.1. actual levy from prior year's final levy limit worksheet)
Net assessed valuation: (line C.4. from current year's worksheet) 42,045,523$
Value of new construction: 353,201$
Net assessed value minus new construction: 41,692,322$ (line B.4. from current year's levy limit worksheet)
MAXIMUM TAX RATE THAT CAN BE IMPOSEDWITHOUT A TRUTH IN TAXATION HEARING: 1.6271$
Growth in property tax levy capacity associatedwith new construction: 5,747$
MAXIMUM PRIMARY PROPERTY TAX LEVYWITHOUT A TRUTH IN TAXATION HEARING: 684,123$
Proposed primary property tax levy: 712,083$
Proposed increase in primary property tax levy,exclusive of new construction 27,725$
Proposed percentage increase in primaryproperty tax levy: 4.09%
Proposed primary property tax rate: 1.6936$
Proposed increase in primary property tax rate: 0.0665$
Proposed primary property tax levyon a home valued at $100,000 169.36$
Primary property tax levy on a home valuedat $100,000 if the tax rate was not raised: 162.71$
Proposed primary property tax levy increaseon a home valued at $100,000: 6.65$
City of Somerton
Calculation for Truth in Taxation Hearing Notice pursuant to A.R.S. § 42-17107
Truth in Taxation Analysis 2020
95
CITY COUNCILOF THE
CITY OF SOMERTON
Discussion and possible action to approve Resolution No. 2020-014. A resolution of the Mayor andCouncil of the City of Somerton, Arizona, declaring, for purposes of Section 1.150-2 of the federal
treasury regulations, official intent to be reimbursed in connection with certain capitalexpenditures relating to water capital improvement projects.
MEETING DATE: June 16, 2020DEPARTMENT: FinanceCATEGORY: ResolutionsPREPARED BY: Jorge Lozano DISCUSSIONOn June 2, 2020 Mayor and council approved Resolution 2020-012 enabling the city to apply for a loanfrom WIFA to fund Water Tank Rehabilitation in the amount of $1,400,000. The loan amount iscurrently an estimate, not to exceed the amount identified above (1.4 million) , any funds not utilizedfor the specific project will not be utilized. Resolution 2020-014 is official intent relating to reimbursement for the original expenditures for theProject in an amount not to exceed $1,400,000 occurring on or after April 17, 2020, which are capitalexpenditures (being any cost of a type that is properly chargeable to a capital account (or would be sochargeable with a proper election) under general federal income tax principles, SUGGESTED ACTIONApprove Resolution No. 2020-014.
Executive session for discussion for legal advice with the City Attorney of the City of Somertonregarding Open Meeting Law complaint lodged by former employees with the Attorney
General’s Office. Pursuant to A.R.S. § 38-431.03(A)(3). MEETING DATE: June 16, 2020DEPARTMENT: City AttorneyCATEGORY: LitigationPREPARED BY: Jorge Lozano DISCUSSION SUGGESTED ACTIONHold an Executive Session as described in this item.
Attachment(s)Not Applicable.
100
CITY COUNCILOF THE
CITY OF SOMERTON
Executive session for discussion for legal advice with the City Attorney of the City of Somertonregarding the duties, salaries, and benefits, and selection process for the position of City Manager
for the City of Somerton, Arizona. Pursuant to A.R.S. § 38-431.03(A)(3). MEETING DATE: June 16, 2020DEPARTMENT: City AttorneyCATEGORY: EmploymentPREPARED BY: Jorge Lozano DISCUSSION SUGGESTED ACTIONHold an Executive Session as described in this item.
