1. INVOCATION

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. Pet Showcase by Maricopa County Animal Care and Control.

5. PROCLAMATION Proclaim Maricopa County Hunger and Homelessness Awareness Week, October 25 - 31, 2009. (C-06-10-107-M-00)

6. PRESENTATION OF CHECK FROM APS SOLUTIONS FOR BUSINESS INCENTIVE PROGRAM REBATES The Facilities Management Department and Arizona Public Service Company are pleased to present the Maricopa County Board of Supervisors with a representative check in the amount of $177,800 through the APS Solutions for Business incentive program. This check represents incentive rebates offered on 18 projects which have been accomplished from 2006 through 2009, to date. (C-91-10-043-P-00) Kenny W. Harris, P.E., Asst. County Manager for Public Works, County Engineer Janet E. Palacino, Director, Facilities Management Department Bruce Evans, Energy Engineer Associate, Facilities Management Department Terry Orlick, Director of Customer Information & Programs, Arizona Public Service Company Kendra Cea, Area Manager, Arizona Public Service Company

7. LIQUOR LICENSE APPLICATIONS

8. LEGAL ACTION RELATED TO ARIZONA NAVIGABLE STREAM ADJUDICATION COMMISSION Authorize legal action in support of the State Land Department's appeal of the Arizona Navigable Stream Adjudication Commission's (ANSAC) Gila River adjudication, consistent with prior Board actions relating to this issue. This item was discussed in executive session on September 14, 2009. (C-06-10-097-M-00)

9. AMENDMENT TO THE MARICOPA COUNTY 2009 TAX LEVY PACKET Approve an amendment to the “Maricopa County 2009 Tax Levy Packet” approved by the Board of Supervisors on August 17, 2009 under C-49-10-006-2-00. This amendment will correct the primary and secondary tax levy, net assessed value and tax rates for the Wickenburg Unified School District #9 listed in Schedule G, page 15 and Schedule H, page 27. The Wickenburg Unified School District #9 submitted an amended budget and changed the amount needed to be raised by taxation. The district net assessed value was also listed incorrectly in the original tax levy packet. Based on the amended budget, the tax levy packet will be amended as follow: Maricopa County School District Operating Levies Primary Roll Fiscal Year 2009-10 Schedule G, page 15 is amended as follows: DISTRICT 2009 PROPERTY TAX LEVY 2009 NET ASSESSED VALUE DISTRICT NUMBER 2009 PRIMARY TAX RATE Wickenburg #9 (Unified) Maintenance and Operation 5,144,715 2.5018 7,393,559 3.5068 Capital Outlay 69,815 0.0339 101,986 0.0484 Soft Capital 10,658 0.0052 107,126 0.0508 Special Improvements 0 0.0000 0 0.0000 Total 5,225,188 205,644,652 07009 2.5409 7,602,671 210,834,950 07009 3.6060 Maricopa County School District Debt, Override, and Special Tax Levies Secondary Roll Fiscal Year 2009-10 Schedule H, page 27 is amended as follows: DISTRICT 2009 SECONDARY PROPERTY TAX LEVY 2009 NET ASSESSED VALUE DISTRICT NUMBER 2009 SECONDARY TAX RATE Wickenburg #9 (Unified) Voter Override-Capital Outlay 0 0.0000 0 0.0000 Voter Override - M&O 622,537 0.2336 622,559 0.2294 Class A bonds 388,201 0.1456 388,215 0.1430 Class B bonds 1,551,119 0.5819 1,551,174 0.5715 Total 2,561,857 266,546,453 07009 0.9611 2,561,948 271,415,869 07009 0.9439

10. AMERICAN RECOVERY AND REINVESTMENT ACT GRANT THROUGH THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR VICTIMS OF CRIME Approve acceptance of $799,574 in additional grant funds from the Arizona Criminal Justice Commission. These funds come from the American Recovery and Investment Act (ARRA) of 2009 and Federal Fiscal Year 2009-2010 Victims of Crime Act (VOCA) funds passed through the Arizona Criminal Justice Commission. The Above amount includes $278,493 in funding from ARRA funds and $521,081 in Federal VOCA funds. Funding commences October 1, 2009 and will terminate on September 30, 2010. These monies are for use solely for the benefit of victims of crime through the Maricopa County Victim Compensation Program. The Board of Supervisors approved Arizona Criminal Justice Commission certification number VC-10-056 on July 22, 2009 (C-19-09-065-G-00). The grant allows a 0% rate for indirect costs, or $0 that may be incurred by the County Attorney's Office or Maricopa County for the administration of this grant. The Maricopa County Department of Finance has calculated the County Attorney's Office's composite indirect cost rate at 14.4%, or $115,139. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $115,139. This grant does not require Maricopa County to provide any matching funds, nor does it require any on-going continuation of effort after termination of the grant program. Grant revenues are not “local revenues” for the purpose of the constitutional expenditure limitation, and therefore budget law does not prohibit expenditure of the funds. These additional funds, in the amount of $799,574, will be used to provide compensation awards to victims of criminally injurious conduct within Maricopa County. The Maricopa County Attorney’s Office assures compliance with the Victim Compensation Program Rules R10-4-101 through R10-4-111 et. seq. and the Guidelines for Crime Victim Organizational Audit requirements of Federal OMB Circular A-133, “Audits of State, Local Government and Non-Profit Organizations.” There is no expectation of continued funding. No signature is required for receipt of the additional grant funds. (C-19-09-065-G-01)

11. IGA WITH MARICOPA COUNTY FLOOD CONTROL DISTRICT FOR ONE FULL TIME DEPUTY TO PATROL FLOOD CONTROL LAND Approve an Intergovernmental Agreement between Maricopa County on behalf of the Sheriff's Office and the Maricopa County Flood Control District whereby the District will fund the salary and benefits of one Sheriff's deputy and will furnish required equipment, supplies, and operational costs as specified by the Sheriff's Office. The term of this agreement is five years and it can be canceled with a 30-day written notice. An existing Flood Control vehicle (Ford Explorer) will be reassigned and equipped for deputy use. It will have Sheriff's Office markings and will be a take home vehicle due to the nature of the assignment, which requires week end responses and flood emergencies where it would be quicker for the deputy to leave from his home. The vehicle will remain a Flood Control asset for the duration of the agreement and afterward. Also per A.R.S. §42-17106 approve increases in Sheriff's Office FY 2010 recurring 0000 general fund (100) revenue and expenditures as follows: $62,100, $82,800 annualized to fund one new deputy position. The new position will exist for the duration of the contract. (C-50-10-036-M-00)

12. REIMBURSEMENT AGREEMENT FOR OVERTIME WORKED WITH THE DRUG ENFORCEMENT ADMINISTRATION FOR ORGANIZED CRIME DRUG ENFORCEMENT Approve the Agreement and acceptance of up to $20,000 in continued overtime reimbursement funding from the Drug Enforcement Administration, Organized Crime Drug Enforcement. The term of this Agreement is from October 1, 2009 through September 30, 2010. The Sheriff’s Office indirect cost rate for FY2010 is 16.6%. Unrecoverable indirect costs associated with this Agreement are estimated to be $3,320. (C-50-10-040-G-00)

13. AGREEMENT WITH US DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION FOR OVERTIME REIMBURSEMENT Approve the agreement and acceptance of up to $33,806.50 in continued reimbursement funding from the US Department of Justice, Drug Enforcement Administration. The term of this agreement is the date of signature by representative of both parties to September 30, 2010. The Sheriff’s Office FY10 indirect cost rate is 16.6%. The unrecoverable indirect costs are estimated to be $5,611.88. (C-50-10-041-G-00)

14. IGA WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE GANG & IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION STATE GANG TASK FORCE Approve the Intergovernmental Agreement (IGA) between the Arizona Department of Public Safety and the Maricopa County Sheriff’s Office and acceptance of up to $37,936 for FY 2009-10. The Agreement designates one non P.O.S.T. certified officer to work under the direction of DPS and the Gang & Immigration Intelligence Team Enforcement Mission (GIITEM) State Gang Task Force. The term of this Agreement is July 1, 2009 through June 30, 2010 and shall renew annually on July 1st for a period of time not-to-exceed five years. This IGA will reimburse 75% of the officer’s payroll expenses. The Sheriff’s Office indirect cost rate for FY2010 is 16.6%. The unrecoverable indirect costs associated with this IGA are estimated to be $6,297.38. (C-50-10-039-G-00)

15. AMENDMENT TO COOPERATIVE LAW ENFORCEMENT AGREEMENT WITH THE U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE, TONTO NATIONAL FOREST Approve Amendment No. 6 to the Cooperative Law Enforcement Agreement between the Maricopa County Sheriff’s Office and the U.S. Department of Agriculture, Forest Service, Tonto National Forest and acceptance of up to $161,500 in reimbursement funding for the FY2010 Financial and Operating Plan. It also allows reimbursement of overtime for deputies working enforcement situations relating to fire emergencies. The reimbursement period is effective upon the final signature through September 30, 2010. The Sheriff’s Office indirect cost rate for FY2010 is 16.6%. Unrecoverable indirect costs associated with this Agreement are estimated to be $26,809. The Law Enforcement Cooperative Agreement was approved by the Board of Supervisors on December 21, 2005 (C-50-06-514-2-00). The Sheriff’s Office has been providing services to the Tonto National Forest since at least 1980. (C-50-06-514-2-06)

16. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2009 HOMELAND SECURITY GRANT PROGRAM PROJECT, MCSO AZLINK Approve the Agreement with the Arizona Department of Homeland Security for the 2009 Homeland Security Grant Program, MCSO AZLink (Project # 555811-01) and acceptance of up to $590,000. The term of the Agreement is October 1, 2009 through September 30, 2010. Also, approve an exception to the Technology Finance Program (TFP) that allows the Sheriff’s Office to purchase the necessary hardware and software for the expansion/link of COPLINK. This equipment will be tracked separately from the Sheriff’s Office computers that are included in the TFP with no automatic replacement from the general fund at the end of its useful life. The Sheriff’s Office indirect cost rate for FY2010 is 16.6% ($97,940). Unrecoverable indirect costs associated with this Agreement are estimated to be $9,960. There will be capital equipment purchases, valued at $530,000 that are excluded from the indirect cost calculation. (C-50-10-043-G-00) 17. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2009 HOMELAND SECURITY GRANT PROGRAM PROJECT, AZLINK INTELLIGENCE SYSTEMS EXPANSION PROJECT Approve the Agreement with the Arizona Department of Homeland Security for the 2009 Homeland Security Grant Program, AZLink Intelligence Systems Expansion Project (Project # 555208-02) and acceptance of up to $530,989. The term of the Agreement is October 1, 2009 thru September 30, 2010. Also, approve an exception to the Technology Finance Program (TFP) that allows the Sheriff’s Office to purchase the necessary hardware and software for the expansion of COPLINK. This equipment will be tracked separately from the Sheriff’s Office computers that are included in the TFP with no automatic replacement from the general fund at the end of its useful life. The Sheriff’s Office indirect cost rate for FY2010 is 16.6% ($88,144.18). Unrecoverable indirect costs associated with this Agreement are estimated to be $11,460.81. There will be capital equipment purchases that total $461,948 that are excluded from the indirect cost calculation. (C-50-10-044-G-00)

16. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2009 HOMELAND SECURITY GRANT PROGRAM PROJECT, MCSO AZLINK Approve the Agreement with the Arizona Department of Homeland Security for the 2009 Homeland Security Grant Program, MCSO AZLink (Project # 555811-01) and acceptance of up to $590,000. The term of the Agreement is October 1, 2009 through September 30, 2010. Also, approve an exception to the Technology Finance Program (TFP) that allows the Sheriff’s Office to purchase the necessary hardware and software for the expansion/link of COPLINK. This equipment will be tracked separately from the Sheriff’s Office computers that are included in the TFP with no automatic replacement from the general fund at the end of its useful life. The Sheriff’s Office indirect cost rate for FY2010 is 16.6% ($97,940). Unrecoverable indirect costs associated with this Agreement are estimated to be $9,960. There will be capital equipment purchases, valued at $530,000 that are excluded from the indirect cost calculation. (C-50-10-043-G-00) 17. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2009 HOMELAND SECURITY GRANT PROGRAM PROJECT, AZLINK INTELLIGENCE SYSTEMS EXPANSION PROJECT Approve the Agreement with the Arizona Department of Homeland Security for the 2009 Homeland Security Grant Program, AZLink Intelligence Systems Expansion Project (Project # 555208-02) and acceptance of up to $530,989. The term of the Agreement is October 1, 2009 thru September 30, 2010. Also, approve an exception to the Technology Finance Program (TFP) that allows the Sheriff’s Office to purchase the necessary hardware and software for the expansion of COPLINK. This equipment will be tracked separately from the Sheriff’s Office computers that are included in the TFP with no automatic replacement from the general fund at the end of its useful life. The Sheriff’s Office indirect cost rate for FY2010 is 16.6% ($88,144.18). Unrecoverable indirect costs associated with this Agreement are estimated to be $11,460.81. There will be capital equipment purchases that total $461,948 that are excluded from the indirect cost calculation. (C-50-10-044-G-00)

18. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2009 HOMELAND SECURITY GRANT PROGRAM, TERRORISM LIAISON OFFICERS SUSTAINMENT Approve an Agreement with the Arizona Department of Homeland Security (AZDOHS) for the 2009 Homeland Security Grant Program, TLO Sustainment (Project # 555811-03) and acceptance of up to $20,000.00. The term of this award is October 1, 2009 through September 30, 2010. Also, approve an exception to the Technology Finance Program (TFP) for the one-time purchase of specialty communication equipment to support the Terrorism Liaison Officers (TLO) Program. The Sheriff’s Office indirect cost rate for FY2010 is 16.6%. Unrecoverable indirect costs associated with this Agreement are estimated to be $3,320.00. (C-50-10-045-G-00)

19. AMERICAN RECOVERY AND REINVESTMENT ACT GRANT FOR THE CREATION OF A PRISON RE-ENTRY INITIATIVE Accept the grant funding through the American Recovery and Reinvestment Act of 2009 in the amount of $ 2,045,584 from the Bureau of Justice Assistance to Maricopa County through its Department of Adult Probation for the creation of a prison re-entry initiative to reduce recidivism of individuals from the Arizona Department of Corrections to probation, thereby increasing neighborhood safety and the efficiency of the criminal justice system. The term of the grant is from August 1, 2009 through July 31, 2011. The Adult Probation Department's indirect rate for FY 2009-10 is 10.0%. The grant allows for full indirect cost recovery. Therefore, indirect costs estimated at $185,962 are fully recoverable. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation and, therefore, expenditures of these revenues are not prohibited by the budget law. (C-11-10-004-G-00)

20. TRANSFER EXPENDITURE APPROPRIATION FOR JUSTICE COURTS TEMPORARY CLERK POOL Pursuant to A.R.S. §42-17106, transfer FY 2009-10 expenditure appropriation of $305,000 from the Non-Departmental (470) Non-Departmental Grants Fund (249) Non-Recurring/Non-Project (0001) Potential Expenditures from Fund Balance line to Justice Courts (240) Justice Courts Special Revenue Fund (245) Non-Recurring/Non-Project (0001). Approval of this action will support Justice Courts staffing of a temporary clerk pool through the use of a one-time expenditure from fund balance. Temporary staff will be used to assist in processing photo radar cases. This authorization is required to pay for the usage of temporary staff from the Justice Courts Special Revenue Fund (245). The temporary clerks will be hired through an outside contract agency. (C-24-10-002-M-00)

21. ADMINISTRATIVE CORRECTION TO SUPERIOR COURT ELECTRONIC COURTROOM PURCHASE AND INSTALLATION Approve an Administrative Correction to the action taken on September 2, 2009 (C-80-10-004-2-00) that approved the transfer of FY2009-10 expenditure appropriation in the amount of $101,100 for installation of previously procured electronic equipment for specific courtrooms and hearing rooms in the East Court Building (ECB) and the Central Court Building (CCB). This correction will transfer the installation funding for ECB 714 and ECB 811 and the CCB 9th floor hearing room to courtrooms at the South East Court Facility (SECF) in Mesa. Specific SECF courtrooms to receive installation costs are to be determined by the Court at a later date. The Court, due to the movement of criminal divisions from the SEF to the downtown Court campus, requires redeployment of installation funding costs to the SEF. (C-80-10-004-2-01)

22. DELEGATION OF AUTHORITY TO ENTER INTO AGREEMENTS OR CONTRACTS WITH EXPERT TRIAL WITNESSES Delegate to the directors of the Maricopa County Public Defense offices and the County Attorney the continued authority to enter into agreements or contracts with expert trial witnesses. No changes are required to the Procurement Code, as trial experts are already exempt from its provisions. There is no financial impact associated with this action. Historically the offices providing indigent legal representation and prosecution have contracted directly with expert witnesses to provide analysis, reporting, trial testimony, and associated research. This practice has been long established and is accompanied by a number of internal processes that ensure appropriate controls. Documentation of the delegated authority to enter into these contracts cannot be located. Therefore, this agenda item is intended to remedy the situation. Appellate courts have repeatedly held that, if the need legitimately exists, experts must be retained in order to properly present the litigants’ cases. In the criminal arena, scientific evidence has created a large demand for experts in specialties that did not exist as little as 10 years ago. The sheer number of requests for experts is such that to send them to the Board or the Chief Procurement Officer would be burdensome and time consuming. Further, the nature of the requests are such that they should not be public records or known to anyone outside the representation of the party seeking the services of the expert. If these requests are made public because they are channeled through either the Board or Procurement Officer, ethical problems will arise. Once the request is “published” to anyone outside the litigation team, it is no longer privileged. Violation of the privilege could result in Bar sanctions to the attorneys involved. (C-52-10-003-M-00)

23. ACCEPT INDIAN GAMING GRANT FUNDS FOR MARICOPA COUNTY COLLEGE DISTRICT ACE PROGRAM Pursuant to A.R.S. 5-601.02, authorize the acceptance of and pass-through of 12% Indian Gaming Funds (Proposition 202 (2002)) from the Salt River Pima-Maricopa Indian Community for the Maricopa County College District ACE Program in an amount not-to-exceed $25,000 for FY2010 and $25,000 for FY2011 for a total of $50,000. Authorize the execution of all acceptance documents, including entering into any necessary Intergovernmental Agreements (IGA) between the Salt River Pima-Maricopa Indian Community and Maricopa County solely for the purposes of acceptance and distribution of funds, upon review and approval of assigned legal counsel. Pursuant to A.R.S. § 42-17106(b), approve an appropriation adjustment to County Manager's Office (200), Non-Departmental Grant Fund (249), Function Code 0001, increasing the revenue and expenditure budgets not-to-exceed $25,000 for FY2010 and $25,000 for FY2011 for a total of $50,000. Indirect costs are not applicable to Tribal Gaming Grants. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. This budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. (C-20-10-013-G-00)

24. DONATION FROM ORDER OF ST. LAZARUS FOR HANSEN'S DISEASE TREATMENT PROGRAM Authorize the acceptance of the donation of funds from Order of St. Lazarus in the amount not-to-exceed $2,000.00 to the Department of Public Health’s Hansen’s Disease Treatment Program. (C-86-10-036-D-00)

25. IGA WITH MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT D.B.A. MARICOPA INTEGRATED HEALTH SYSTEM FOR FOLIC ACID EDUCATION AND VITAMIN DISTRIBUTION Approve Intergovernmental Agreement (IGA) between Maricopa County Special Health Care District, d.b.a. Maricopa Integrated Health System (MIHS) and Maricopa County through its Department of Public Health (MCDPH), to provide eligible clients of MIHS’ Internatal Care Program with folic acid education and vitamin distribution. This IGA provides funding in an amount not-to-exceed $4,184 for budget period starting September 28, 2009 through June 30, 2010. Funding for this IGA is provided through a grant from ADHS and does not affect the county general fund. (C-86-10-039-3-00)

26. IGA WITH ARLINGTON SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES Approve an Intergovernmental Agreement (IGA) between Arlington School District and Maricopa County by and through its Department of Public Health to provide school-based tobacco use prevention and education services for the Maricopa County Department of Public Health. Funding is for a not-to-exceed amount of $1,000 for budget period beginning July 1, 2009 through May 1, 2010. Funding for this agreement is provided by the Tobacco Education/Prevention Grant from ADHS and will not increase the County general fund budget. (C-86-10-031-3-00)

27. IGA WITH CARTWRIGHT SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES Approve an Intergovernmental Agreement (IGA) between Cartwright School District and Maricopa County by and through its Department of Public Health to provide school-based tobacco use prevention and education services for the Maricopa County Department of Public Health. Funding is for a not-to-exceed amount of $18,000 for budget period beginning July 1, 2009 through May 1, 2010. Funding for this agreement is provided by the Tobacco Education/Prevention Grant from ADHS and will not increase the County general fund budget. (C-86-10-032-3-00)

28. IGA WITH LIBERTY ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES Approve an Intergovernmental Agreement (IGA) between Liberty Elementary School District and Maricopa County by and through its Department of Public Health to provide school-based tobacco use prevention and education services for the Maricopa County Department of Public Health. Funding is for a not-to-exceed amount of $3,450 for budget period beginning July 1, 2009 through May 1, 2010. Funding for this agreement is provided by the Tobacco Education/Prevention Grant from ADHS and will not increase the County general fund budget. (C-86-10-033-3-00)

29. IGA WITH QUEEN CREEK UNIFIED SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES Approve an Intergovernmental Agreement (IGA) between Queen Creek Unified School District and Maricopa County by and through its Department of Public Health to provide school-based tobacco use prevention and education services for the Maricopa County Department of Public Health. Funding is for a not-to-exceed amount of $6,900 for budget period beginning July 1, 2009 through May 1, 2010. Funding for this agreement is provided by the Tobacco Education/Prevention Grant from ADHS and will not increase the County general fund budget. (C-86-10-034-3-00)

30. IGA WITH TOLLESON ELEMENTARY SCHOOL DISTRICT AND FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES Approve an Intergovernmental Agreement (IGA) between Tolleson Elementary School District and Maricopa County by and through its Department of Public Health to provide school-based tobacco use prevention and education services for the Maricopa County Department of Public Health. Funding is for a not-to-exceed amount of $2,000 for budget period beginning July 1, 2009 through May 1, 2010. Funding for this agreement is provided by the Tobacco Education/Prevention Grant from ADHS and will not increase the County general fund budget. (C-86-10-035-3-00)

31. PURCHASE ORDER TO INCREASE FUNDING FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS Approve the Purchase Order (EOH32742) from Arizona Department of Health Services (ADHS) to Maricopa County through its Department of Public Health for additional funding for the Intergovernmental Agreement (IGA) (HG754199) for the Office of Preparedness and Response (OPR). This purchase order funds activities related to Public Health Emergency Preparedness. The purchase order allows to encumber in full a not-to-exceed $1,669,770 for the budget period starting September 1, 2009 through August 30, 2010. Also, approve Purchase Order (EOH32743) from Arizona Department of Health Services (ADHS) to Maricopa County through its Department of Public Health for additional funding for the Intergovernmental Agreement (IGA) (HG754199) for the Office of Preparedness and Response (OPR). This purchase order funds activities related to Public Health Emergency Preparedness Program – City Response Initiative (CRI). The purchase order allows to encumber in full a not to exceed $1,046,855 for the budget period starting September 1, 2009 through August 30, 2010. The two purchase orders combined bring the total amount for this grant to the not-to-exceed amount of $2,716,625 for the budget period September 1, 2009 until August 30, 2010. The Department of Public Health indirect rate for FY 2009-10 is 19.5%. Full indirect cost is allowed. Therefore, $443,298.64 is allowable. Funds for this IGA are provided by a grant from ADHS and does not affect the County’s general fund. The MCDPH, Office of Preparedness Response was previously known as the Maricopa Department of Public Health Emergency Management Program (PHEM). (C-86-07-050-2-08)

32. AFFILIATION AGREEMENT WITH ROSEWOOD CENTERS FOR EATING DISORDERS TO PROVIDE CLINICAL NUTRITION TRAINING Approve the Affiliation Agreement with Rosewood Centers for Eating Disorders to provide clinical nutrition training experience for graduate students in the dietetic internship. The agreement is non-financial, and the term is to be from October 1, 2009 through June 30, 2014. As a part of its established accredited dietetic internship program, the Department of Public Health seeks to provide its dietetic interns with a broad and diverse practicum experience. This agreement with Rosewood Centers for Eating Disorders would allow dietetic interns to receive approved dietetic student and practicum experience in clinical nutrition. Supervised by Rosewood registered dietitians at Rosewood facilities, interns would continue to be responsible to Public Health. This agreement is non-financial, and does not affect the County general fund. (C-86-10-037-3-00)

33. NOTICE OF GRANT AWARD FOR SOUTH PHOENIX HEALTHY START PROGRAM Approve the Notice of Grant Award (No.H49MC00174) from the Department of Health and Human Services Health Resources and Services Administration (HRSA) to Maricopa County by and through the Department of Public Health’s South Phoenix Healthy Start Program for eliminating disparities in perinatal health. This grant award provides additional funding in the amount of $52,721 bringing total funding amount from $400,000 to $452,721 for budget period February 1, 2009 through January 31, 2010. The Department of Public Health’s indirect rate for FY 2009-10 is 19.5%. HRSA allows for only 10% indirect costs for this grant. Full indirect costs are estimated at $9,346 of which $4,793 is recoverable and $4,553 is unrecoverable. Funding for this agreement is provided by a Grant from HRSA and will not increase the County general fund budget. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-02-165-2-16)

34. AMENDMENT TO PROVIDER PARTICIPATION AGREEMENT WITH MAGELLAN HEALTH SERVICES OF ARIZONA INC FOR CLIENT SERVICES Approve Amendment No. 2 to the Provider Participation Agreement between Magellan Health Services of Arizona, Inc. and Maricopa County through its Department of Public Health (MCDPH), Health Care for the Homeless Clinic (HCH). This amendment will revise the Agreement to reflect FY2010 Bridge Funding, revisions to the Provider Participation Agreement, to replace the Scope of Work and to replace the Provider Funding Terms. This amendment is effective as of July 1, 2009 through September 30, 2009 and increases the maximum amount HCH is allowed to bill for behavioral health services by $29,180.36, bringing the total from $175,000 to $204,180.36. The Department of Public Health’s full indirect rate for FY 2009-10 is 19.5%. This agreement is part of Healthcare for the Homeless grant agreement as program income which allows for indirect reimbursement at a rate of 15.397%. The estimated total of $4,931 in total indirect expense, $3,893 is recoverable and $1,038 is unrecoverable. All other terms and provisions of the Agreement not modified as set forth herein shall remain in full force and effect. (C-86-08-024-1-03)

35. GRANT BUDGET APPROPRIATION ADJUSTMENTS Approve increases in the appropriated budget for Public Health (860) Public Health Grant Fund (532) Operating (0000) in the amount of $10,776,576 in revenues and $10,763,281 in expenditures as identified on the Fiscal Year 2009-10 Grant Summary Worksheet on file in the Office of the Clerk of the Board. This appropriation adjustment brings MCDPH’s grant budget to the amount of $40,259,241. The appropriation adjustment is necessary because the carry forward amounts of prior year grants and award amounts of new grants differ from the amount approved in the FY 2009-10 Budget Appropriation. This action is in accord with the action plan developed by the Office of Management and Budget and MCDPH to insure compliance with the Board approved Budgeting for Results Accountability Policy. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The indirect cost rate is 19.5%, as calculated by the Department of Finance. Most of the grants for FY 2009-10 allow for indirect cost recovery, as reflected in the funding agreements. The status of the indirect costs for each grant is noted on the Grant Summary Worksheet on file in the Office of the Clerk of the Board. (C-86-10-030-G-00)

36. AGREEMENTS WITH TELEVOX SOFTWARE INC. FOR VACCINE REMINDER PROGRAM Approve a non-financial Service Agreement and Business Associate Agreement between TeleVox Software, Inc. and Maricopa County through its Department of Public Health's (MCDPH) Immunization Program for implementing a Vaccine Reminder Program. These agreements will allow TeleVox Software, Inc. to deliver the Wyeth-Sponsored Vaccine Reminder Program, a vaccine reminder callback and postcard program to clients of MCDPH’s Immunization Services. These agreements are non-financial and effective upon date of execution by the Board of Supervisors, and will remain in effect for a period of one year following execution. On August 14, 2009, Maricopa County issued a Notice of Intent (NOI) (Serial # PH NOI 10-009) for MCDPH’s intent to enter into an Agreement with TeleVox Software, Inc. As of the NOI deadline of September 1, 2009, 2pm MST, MCDPH’s Office of Procurement confirmed no other interest in response to this NOI. (C-86-10-027-3-00)

37. AMENDMENT TO ENVIRONMENTAL ACCESS AGREEMENT Approve Amendment No. 2 to the Environmental Access Agreement (C-75-07-036-0-00) between Arizona Public Service (APS) and Maricopa County allowing access to County property at 320 W. Lincoln Street for additional soil, vapor, and groundwater monitoring pursuant to Paragraph 4 of the original agreement. Amendment No. 2 also amends Paragraph 7 of the original Agreement to change the termination date of the Agreement from May 8, 2008 to May 8, 2014. (C-75-07-036-0-01)

38. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Amendment No. 1 to Intergovernmental Agreement (IGA) HG952236 between Arizona Department of Health Services (ADHS) and Maricopa County through the Workforce Management and Development, amending amount to not-to-exceed amount of $1,000,000 to $2,000,000. The purpose of this Intergovernmental Agreement is to provide AIDS Pharmaceutical Assistance, administered by the Ryan White Part B Program. This Intergovernmental Agreement new effective date will be from January 28, 2009 until February 28, 2010. Item withdrawn at the request of the department. (C-31-09-008-3-01)

39. ACCEPT CARRYOVER FUNDS FROM HEATLH RESOURCES AND SERIVCES ADMINISTRATION (HRSA) FOR RYAN WHITE PART A HIV/AIDS PROGRAM Acceptance of grant funds from Health Services Resources Administration, Grant No. H89HA11478, in the not-to-exceed amount of $100,000. These grant funds are for Carryover Funds from Health Resources and Services Administration (HRSA) For Ryan White Part A HIV/Aids Program. The grant award begins on March 1, 2009 and ends on February 28, 2010. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The additional funding of $100,000 is for direct services only and will be passed through to subrecipients and therefore not subject to indirect charges. Also, approve revenue and expenditure appropriation adjustments to the RYAN WHITE Part A (390) associated with the grant in the amount of $100,000 for FY 2009. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-31-10-004-G-00)

40. ACCEPT ADDITONAL FUNDS FOR RYAN WHITE HIV/AIDS MINORITY AIDS TREATMENT MODERNIZATION ACT. PART A MINORITY AIDS INITIATIVE Approve the acceptance of an additional $265 for the Minority Aids Initiatives (MAI) Grant. The Board of Supervisors previously approved acceptance of grant funds on March 18, 2009 (C-31-09-011-G-00) for 2009-2010 not-to-exceed $227,675. The Health Services Resource Administration has awarded a total of $227,940 for this grant period, which is an increase of $265. (C-31-09-011-G-01)

41. GRANT APPLICATION FOR RYAN WHITE HIV/AIDS TREATMENT MODERNIZATION ACT-PART A FOR FISCAL YEAR 2010-2011 Approve the application and acceptance of grant funds from Health Services Resources Administration, (H89HA00031), in the not-to-exceed amount of $8,247,613 for the purpose of providing life saving medical and support services to low income or uninsured people infected with HIV or AIDS. The grant award begins on March 1, 2010 and ends on February 28, 2011. Authorize the Chairman to sign all documents related to these grant funds, as applicable. Ryan White Healthcare program indirect rate for FY 09/10 is 14.8%. The grant allows a 10% rate for indirect costs. The recoverable indirect cost of administering this grant is $112,467; the non-recoverable indirect cost is $53,984 and $7,010,471. is passed through to sub-recipients and not subject to indirect rates charged by departments in Maricopa County. Upon receipt of funds and pursuant to ARS §42-17106(B), approve revenue and expenditure appropriation adjustments to the Ryan White (390) associated with the grant in the amount of $8,247,613 for FY 2010. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-31-10-005-G-00)

42. DONATION FROM FRIENDS OF ANIMAL CARE AND CONTROL Accept the restricted monetary donation from Friends of Animal Care & Control (FACC’s) of Phoenix, AZ to fund the Maricopa County Spay/Neuter Voucher Program in the amount of $65,000 and the Foster Program in the amount of $3,888.55. The total donation received was in the amount of $68,888.55 which supports one position in the Foster Program. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-10-039-D-00)

43. AGREEMENT WITH PAWS AND CLAWS PET FOSTERING FOR NEW HOPE PROGRAM Approve an Agreement between Paws and Claws Pet Fostering, a 501 (C) 3 corporation, 2110 W. Tonto Lane, Phoenix, AZ 85027, and Maricopa County to allow Paws and Claws Pet Fostering under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is $40 for each animal rescued. Animal Care & Control estimates 16 new hope rescues over the term of the agreement, for a total of $640. The term of this Agreement is from October 7, 2009 through June 30, 2010. (C-79-10-037-3-00)

44. AGREEMENT WITH BEAGLES OF ARIZONA RESCUE CLUB FOR NEW HOPE PROGRAM Approve an Agreement between Cynthia Patane, d.b.a. Beagles of Arizona Rescue Club, P. O. Box 50811, Phoenix, AZ 85076, and Maricopa County to allow Beagles of Arizona Rescue Club under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is $40 for each animal rescued. Animal Care & Control estimates 75 new hope rescues over the term of the agreement, for a total of $3,000. The term of this Agreement is from November 15, 2009 through June 30, 2012. (C-79-10-038-3-00)

45. KENNEL PERMIT FOR MOKC'S KENNELS Approve kennel permit #031 pursuant to A.R.S. §11-1009 for Rocelle Shreeve, d.b.a. Mokc’s Kennels, 11225 N. 49th Drive, Glendale, AZ 85304 in District 4 for the term of October 7, 2009 through October 6, 2010. The cost of a kennel permit is $328. (C-79-10-034-L-00)

46. KENNEL PERMIT FOR KOESTER KENNELS Approve kennel permit #030 pursuant to A.R.S. §11-1009 for Tiffany Koester, d.b.a. Koester Kennels, 2041 W. Georgia Avenue, Phoenix AZ 85015 in District 3 for the term of October 7, 2009 through October 6, 2010. The cost of a kennel permit is $328. (C-79-10-035-L-00)

47. KENNEL PERMIT FOR EYE DOG FOUNDATION Approve kennel permit #020 pursuant to A.R.S. §11-1009 for Gwen Brown, d.b.a. Eye Dog Foundation, 8252 S. 15th Avenue, Phoenix, AZ 85041in District 5 for the term of October 7, 2009 through October 6, 2010. The cost of a kennel permit is $328. (C-79-10-036-L-00)

48. MEMORANDUM OF UNDERSTANDING WITH IMPACTED FOR PURPOSE MINISTRIES FOR DEVELOPMENT OF AN ACCESS POINT Approve the Memorandum of Understanding (MOU) between Impacted for Purpose Ministries and Maricopa County administered by its Human Services Department to establish Impacted for Purpose Ministries as an Access Point. An Access Point is defined as a network of faith-based and community based organizations that provide community residents with a location where job seekers can access abbreviated One Stop Career Center services. Impacted for Purpose Ministries, a faith-based organization will ensure a location and staff are available where youth and adult job seekers can access employment-related services to assist them in obtaining employment. This MOU will create a partnership enabling Maricopa County residents that are unable to travel to a One Stop Career Center, the ability to access services through an Access Point that is located in the community. This MOU is non-financial and is effective upon signature by both parties and will expire September 30, 2011. In 2002, the U.S. Department of Labor (USDOL) invested in pilot programs to increase universal access to the One-Stop Career Center System, by building partnerships between faith-based and community organizations (FBCOs) and Workforce Investment Areas (WIA). The Access Point model emerged from these pilot programs. Access Points consist of faith-based or community organizations where job seekers can go in their own neighborhoods or communities to look for jobs. Maricopa County Human Services Department Workforce Development Division (MWC) has established the SHARE Network Access Point program. MWC will work with FBCOs to establish Access Points throughout Maricopa County. (C-22-10-025-3-00)

49. IGA WITH THE CITY OF PEORIA FOR DEVELOPMENT OF AN ACCESS POINT Approve the Intergovernmental Agreement (IGA) between City of Peoria and Maricopa County administered by its Human Services Department to establish City of Peoria as an Access Point. An Access Point is defined as a network of faith-based and community based organizations that provide community residents with a location where job seekers can access abbreviated One Stop Career Center services. The City of Peoria, will ensure a location and staff are available where youth and adult job seekers can access employment-related services to assist them in obtaining employment. This IGA will create a partnership enabling Maricopa County residents that are unable to travel to a One Stop Career Center, the ability to access services through an Access Point that is located in the community. This IGA is a non-financial Agreement and is effective upon signature by both parties and will expire June 30, 2011. In 2002, the U.S. Department of Labor (USDOL) invested in pilot programs to increase universal access to the One-Stop Career Center System, by building partnerships between faith-based and community organizations (FBCOs) and Workforce Investment Areas (WIA). The Access Point model emerged from these pilot programs. Access Points consist of faith-based or community organizations where job seekers can go in their own neighborhoods or communities to look for jobs. Maricopa County Human Services Department Workforce Development Division (MWC) has established the SHARE Network Access Point program. MWC will work with FBCOs to establish Access Points throughout Maricopa County. (C-22-10-026-3-00)

50. AMENDMENT TO LEASE WITH FIRST EVANGELICAL LUTHERAN CHURCH Authorize and execute amendment No. 4 to Lease No. L-7325 with First Evangelical Lutheran Church of Mesa, Arizona, an Arizona Corporation, as Lessor. Lessee and Lessor now mutually desire to amend the lease to extend the lease term for two years commencing October 3, 2009 to October 2, 2011. Lessee shall reimburse Lessor $450.00 of the annual inspection fee and pay the annual utility fees of $11,244.00 in equal monthly payments of $937.00. This amendment contains all of the changes made to the original lease agreement, all other terms and conditions remain the same and in full force and effect. There are no Maricopa County General Funds used in this lease. The lease is for premises at 142 North Date Street, Mesa, Arizona, consisting of 1,100 square feet for a Head Start classroom serving 34 children (two sessions with 17 children each) and use of the playground. This agreement contains a 90-day termination clause. (C-22-03-103-4-05)

51. CONTRACT WITH CATHOLIC CHARITIES COMMUNITY SERVICES FOR EXPANDED HEAD START SERVICES WITH AMERICAN RECOVERY AND REINVESTMENT ACT GRANT FUNDS Approve a Contract between Catholic Charities Community Services and Maricopa County through its Human Services Department, in the not-to-exceed amount of $255,700. This Contract is funded by an American Recovery and Reinvestment Act (ARRA) grant from U.S. Department of Health and Human Services/Administration for Children and Families/Office of Head Start (C-22-10-018-G-00.) The purpose of this Contract is to provide comprehensive child development and family support services to an additional 36 low-income children 3-5 years of age and their families in western Maricopa County. This Contract is effective from September 1, 2009 through September 30, 2010. This contract does not include any County general funds. Reimbursable funding is limited to the amount allocated by DHHS on an annual basis and through a Federal Financial Assistance Award. The contract requires Catholic Charities to provide a 25 percent match (non-federal share). The ARRA of 2009 Head Start Expansion grant (C-22-10-018-G-00) is a two-year grant that ends September 30, 2011. There is no long-term commitment on the part of the County to operate this program. This contract does not include any County general funds. (C-22-10-028-3-00)

52. APPROPRIATION ADJUSTMENT TO THE HUMAN SERVICES DEPARTMENT Approve increases in the appropriated revenue and expenditure budget for the Human Services Department (220), Human Services Grant Fund (222), Operating Budget (0000) in the amount of $18,980,779 as identified on the Fiscal Year 2010 Grant Summary Worksheet on file in the Office of the Clerk of the Board. The appropriation adjustment is necessary because the carry forward amounts of prior year grants and award amounts of new grants differ from the amount approved in the FY 2009-10 Budget Appropriation. This action is in accord with the action plan developed by the Office of Management and Budget and Human Services to ensure compliance with the Board approved Budgeting for Results Accountability Policy. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. As of the preparation of this action item, the indirect cost rate is 15.2%, as calculated by the Department of Finance. Most of the grants for FY 2009-10 allow for indirect cost recovery, as reflected in the funding agreements. The status of the indirect costs for each grant is noted on the Grant Summary Worksheet on file in the Office of the Clerk of the Board. This appropriation adjustment does not affect the County General Fund. (C-22-10-027-2-00)

53. ADMINISTRATIVE CORRECTION REGARDING THE NEIGHBORHOOD STABILIZATION PROGRAM GRANT ANNUAL ACTION PLAN Approve an administrative correction to the action taken on December 1, 2008 (C-17-09-047-G-00) regarding the approval of the Annual Action Plan submission to the U.S. Department of Housing and Urban Development (HUD) for the Neighborhood Stabilization Program grant funding. The supporting documents to that action stated that the cities/towns of El Mirage, Goodyear, and Buckeye would be the primary service area for the acquisition/rehabilitation/resale program. The purpose of this corrective action is to specify that the cities/towns of Tolleson and Youngtown are to be included among the cities/towns with areas of greatest need for the acquisition/rehabilitation/resale program. Funds for this activity is provided through the Neighborhood Stabilization Program grant received from the U.S. Department of Housing and Urban Development (HUD). This action does not affect the original funding amount of $9,974,267 for the NSP program. This amendment does not impact the general fund. (C-17-09-047-G-01)

54. IGA WITH STATE OF ARIZONA DEPARTMENT OF COMMERCE ENERGY OFFICE FOR WEATHERIZATION LOW-INCOME ASSISTANCE Approve an Intergovernmental Agreement (IGA) between State of Arizona Department of Commerce Energy Office and Maricopa County through the Human Services Department, in the not-to-exceed amount of $763,496.00. The purpose of this IGA is to provide Weatherization services work program funded through the U.S. Department of Energy Low-Income Weatherization Assistance Program, herinafter referred to as DOE. This IGA is effective from July 1, 2009 until June 30, 2010. Funding is passed through to Department of Commerce from the Arizona Department of Economic Security and will not impact Maricopa County general fund budget. Funding for this IGA is provided by a grant from the State of Arizona Department of Commerce Energy Office (C051-09-03). The Human Services Department current negotiated DHHS indirect rate for FY 2009-10 is 16.2% while the actual indirect rate is 18%. The total grant funds is $763,496 of which $725,321 are directed toward sub recipient pass-through and are not subject to indirect charges. Therefore, the estimated recoverable indirect is $5,322. (C-22-10-029-3-00)

55. SOCIAL SECURITY ADMINISTRATION GRANT APPLICATION FOR EMPLOYMENT NETWORKS FOR THE TICKET TO WORK AND SELF-SUFFICIENCY PROGRAM Approve the Human Services Department – Maricopa Workforce Connections (MWC) response to the Social Security Administration (SSA) Request for Proposal (RFP) (SSA-RFP-09-0010H) “Employment Networks (EN) for the Ticket to Work and Self-Sufficiency Program.” The contract period is 60 months or five years, with one 60-month renewal option for a total of ten years. Authorize the Chairman to sign the Social Security Administration Request for Proposal (SSA-RFP-09-0010H) “Employment Networks (EN) for the Ticket to Work and Self-Sufficiency Program” application. The goal of this RFP is to increase the number of ENs in Arizona, thereby increasing access to employment based services for Social Security beneficiaries with disabilities in Arizona and increase the number of One-Stop Career Centers directly serving individuals with disabilities, thereby integrating such individuals into a general service system and programs. An EN is defined as an organization authorized to provide or coordinate the delivery of services to Social Security disability beneficiaries who participate in the Social Security Administration's Ticket to Work Program. The Ticket to Work Program is an employment program for people with disabilities who are interested in going to work. The program is designed to remove barriers and increase opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation (VR), and other support services from public and private providers, employers, and other organizations. (C-22-10-012-G-00)

56. AMENDMENT TO CONTRACT WITH AREA AGENCY ON AGING, REGION ONE, INCORPORATED FOR CASE MANAGEMENT SERVICES Approve Amendment No. 2 to a Contract between Area Agency on Aging, Region One, Incorporated and Maricopa County administered through its Human Services Department to increase the Contract amount by $368,293 making the total Contract amount for FY 2010 $736,586. This amendment will also extend the term of the original contract effective October 1, 2009 to December 31, 2009. The Human Services Department current negotiated DHHS indirect rate for FY 2009-10 is 16.2% while the actual indirect rate is 18%. The grant will incur equipment cost totaling $2,308 which are not subject to indirect cost recovery. The recoverable indirect cost of administering the grant is $51,024, and the unrecoverable indirect cost is $5,669.00. The contract is fully funded by Area Agency on Aging and will not affect the County’s general fund. The Senior Adult Independent Living (SAIL) Program provides case management services to over 4,000 individuals throughout Maricopa County. This program provides assistance to elderly and physically disabled adult individuals living at home in order to provide early intervention in identifying and coordinating service needs. Area Agency on Aging only provided Maricopa County Human Services with funds for three additional months until the State of Arizona’s budget is finalized. (C-22-09-024-3-02)

57. CONTRACT WITH FLUID SOLUTIONS, INC. FOR WINDMILL PROJECT Approve and execute the Design Build (DB) contract with Fluid Solutions, Inc. for design and construction services and to serve as general contractor for the White Tank Mountain Regional Park Windmill Project in the amount of $52,200. Funding is available in Parks (300) Grant fund (230) and Parks Donation fund (243). (C-30-10-002-5-00)

58. MOU AND ACCEPTANCE OF FUNDING FOR THE VULTURE MOUNTAIN COOPERATIVE RECREATION MANAGEMENT AREA Approve an Memorandum of Understanding between United States Department of the Interior Bureau of Land Management (AZ-2009-07) and Maricopa County through the Parks and Recreation Department in the not-to-exceed amount of $99,000. This Memorandum of Understanding is funded by a grant from United States Department of the Interior Bureau of Land Management, (CFDA 15.238 Challenge Cost Share). Approve an appropriation adjustment increasing the FY 2009-2010 Parks and Recreation Department (300), Grants Fund (230), Non-recurring/non-project (0001) revenue and expenditure authority budgets in the amount of $25,000. The department's indirect cost rate for FY 2009 is 42.5% and calculated to be $10,625 for FY 2010. Parks and Recreation Department also requests a waiver to the grant policy for recovery of indirect costs so that all funding received may directly benefit the project. This budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. Also authorize the parks and Recreation Department to sign necessary reporting and reimbursement paperwork to administer the grant. This Memorandum of Understanding is funded by a grant from United States Department of the Interior Bureau of Land Management, (CFDA 15.238 Challenge Cost Share). The purpose of this Memorandum of Understanding is to create a more formal working relationship, share resources, and provide recreation and resource management and protection for the public lands located within an area known as the Vulture Mountain Cooperative Recreation Management Area. This Memorandum of Understanding is effective from October 7, 2009 until October 7, 2014. (C-30-10-007-3-00)

59. FUNDS TRANSFERS; WARRANTS

60. USE OF REAL PROPERTY FOR COURT TOWER PROJECT Authorize the execution and delivery of a license agreement between Maricopa County and the Gilbane Building Company for its use of a portion of real property held in the name of the Maricopa County Public Finance Corporation and leased to Maricopa County at the southeast corner of 7th Avenue and Jefferson Street and the northwest corner of 5th Avenue and Jackson Street in Phoenix, Arizona (APN 112-19-127) for staging materials and parking associated with the construction of the new Court Tower Project. This agenda item is subject to the review and approval of the final form of the license agreement by assigned outside counsel. (C-18-10-030-8-00)

61. SOLICITATION SERIALS

62. TRANSFER EXPENDITURE APPROPRIATION FOR CONTRACT MONITOR Pursuant to A.R.S. §42-17106, transfer expenditure appropriation in the amount of $54,000 from the FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/non-project (0001) “General Contingency” line to the FY 2009-10 Materials Management (730) General Fund (100) Non-Recurring/non-project (0001) budget. This action requires decreasing the appropriated FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/non-project (0001) “General Contingency” line in the amount of $54,000 and increasing Materials Management (730) General Fund (100) Non-Recurring/non-project (0001) appropriation in the amount of $54,000. This will allocate one-time contingency to fund an additional Contract Monitor in Materials Management. Also, direct OMB to continue to budget this position in non-recurring/non-project as long as the recovery efforts can continue to support its annual cost. Since 2004, over $880,000 has been recovered by the current Contract Monitor position in Materials Management, and has been deposited into the General Fund and is included as part of the FY 2009-10 carryover (Non-Departmental General Contingency). This funding will be used to fund this additional Grant/Contract Administrator position. The purpose of this position is to perform contract monitoring and compliance reviews on County construction and non-construction related contracts, in order to protect the County from fraud, waste and abuse, identify recoverable dollars, and prevent contract leakage. OMB will continue to budget this position in Materials Management non-recurring/non-project as long as the recovery efforts continue to support its annual cost. (C-73-10-021-2-00)

63. AMENDMENT TO CONTRACT WITH ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY FOR TRAVEL REDUCTION PROGRAM Approve Amendment No. 5 to a Contract between Arizona Department of Environmental Quality (ADEQ) (EV06-0006) and Maricopa County through the Air Quality Department in the not-to-exceed amount of $474,288. The purpose of this amendment is to continue implementation of the travel reduction program. This amendment is effective from July 1, 2009 to June 30, 2010. All other terms and conditions of the Contract remain in full force and effect. The contract amendment extends the date of the contract for a full year, July 1, 2009 through June 30, 2010. Due to state budget restraints only half of the original funding amount ($948,575) is being allotted for a six month period. As funding becomes available an amendment will be issued by ADEQ for the remaining amount. A separate Board of Supervisor agenda will address the amendment and increase in funding to the full amount. An amount of up to $200,000 will be passed through to an external service provider in a separate agenda. The Department's FY2009-10 authorized indirect cost rate is 17.8%. All indirect costs are allowable and fully recoverable. Indirect costs will be applied to the County retained amount of $274,288. The total direct costs are $232,842; recoverable indirect costs are $41,446. This item has been budgeted and approved by the Board of Supervisors with the adoption of the FY2009-10 Air Quality budget. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, therefore expenditures of these revenues are not prohibited by the budget law. This budget item does not alter the budget constraining the expenditures of local revenue duly adopted by the Board pursuant to A.R.S. 42-17105. (C-85-06-028-3-04)

64. DONATION OF LAPTOP FROM INTEL FOR ESSAY CONTEST WINNER Accept the donation of a laptop computer from Intel Corporation to be awarded to the essay contest winner at our annual Air Quality Conference on October 20, 2009. Intel Corporation is donating a Latitude E6400 Core 2 Duo T9550 2.0 GB laptop with a Vista business Service pack operating system valued at $2,000. (C-85-10-008-D-00)

65. AGREEMENT AND GRANT FROM THE US DEPARTMENT OF ENERGY FOR THE VEHICLE REPAIR AND RETROFIT PROGRAM Approve the agreement and acceptance of grant funds from US Department of Energy, Grant No. DE-EE0000848, in the not-to-exceed amount of $725,000. These grant funds are for the vehicle repair and retrofit program. The grant award begins on August 31, 2009 and ends on August 30, 2012. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The grant allows a 10% rate for indirect costs, or $13,636 which may be incurred by the Air Quality Department or Maricopa County for the administration of this grant. The Maricopa County Department of Finance has calculated the Air Quality Department's composite indirect cost rate at 17.8%, or $24,273. The recoverable indirect cost of administering this grant is $13,636; the non-recoverable indirect cost is $10,637. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. This budget does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The $725,000 for the vehicle repair and retrofit program is one project out of three that will be funded by the US Department of Energy. The total grant amount is $3,567,800. A budget adjustment is not required as this item is included in the Board of Supervisor approved FY2009-10 Air Quality Budget. The Air Quality Vehicle Repair and Retrofit program has previously been funded by the Arizona Department of Environmental Quality. Due to Arizona state budget cuts the Vehicle Repair and Retrofit program was cut from funding. The US Department of Energy will supplant the program funding and provide one-time FY2009-10 funding for the Vehicle Repair and Retrofit program. The Maricopa County Air Quality Department will pass-through $575,000 of the total amount to a sub-contractor with Board of Supervisor approval under a separate agenda. (C-85-10-012-G-00)

66. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements, right-of-way documents, and relocation assistance for highway and public purposes as authorized by road file resolutions or previous Board of Supervisors’ action. The list is on file in the Clerk of the Board’s Office. (C-06-10-113-7-00)

67. COURT TOWER - GMP #5 TO GILBANE BUILDING COMPANY Approve and authorize the execution of Construction Manager at Risk (CMR) GMP #5, Contract No. FMD-10-010 with Gilbane Building Company of Phoenix, Arizona, subject to legal review and approval of the final form of the contract, in an amount not-to-exceed $104,000,000 to provide general construction services and to permit the procurement of long lead items to support the Downtown Court Tower, Phoenix, Arizona, (FMD project #3325-07-380). This project is located in District 5. GMP #5 - not-to-exceed $104,000,000. The execution of the contract for GMP#5 will allow Gilbane Construction Company to accomplish the following general construction and early procurement: Glazing Copper Skin HVAC & Plumbing, including controls Electrical Systems, including A/V and Security Miscellaneous Metals Masonry Exterior & Core / Shell Framing Spray Fireproofing Roofing Detention Equipment General Cleanup Exterior Skin Consultant Construction Phase Estimating This GMP package has been endorsed by the Facilities Review Committee. Staff concurs with this recommendation. (C-70-10-005-5-00)

68. JOINT RESOLUTION TO FLOOD CONTROL DISTRICT 2009R013 FOR SALE OF PERSONAL PROPERTY Adopt Joint Resolution to FCD 2009R013, authorizing Maricopa County Department of Transportation to sell personal property that has been acquired for public works projects and to have all documents related to such sales to be signed by the Maricopa County Department of Transportation Director and/or his designee. All such sales will be done by public auction pursuant to Arizona Revised Statute Sections 48-3603 and 9-402. Maricopa County Department of Transportation acquires real property for public works projects and clears the property of all improvements and structures. Through that process, the real estate staff disposes of many items of personal property such as trailers, water heaters, furniture and many other items by public auction. This agenda item is located in Supervisor Districts 1, 2, 3, 4, and 5. (C-91-10-036-6-00) 69. TRANSFER OF EXPENDITURE AUTHORITY FOR PROJECT CONTINGENCY Pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $202,500 from the FY 2009-10 Non-Departmental (470) Detention Fund (255) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to a new project in Non-Departmental (470) Detention Fund (255) Major Maintenance (4732) entitled “Generator Support SO Data Center” (SODC). Also, pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $22,500 from the FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to a new project in Non-Departmental (470) General Fund (100) Major Maintenance (4732) entitled “Generator Support SO Data Center” (SODC). These actions approve one-time contingency funds to support the Jail Management System (JMS) at the Sheriff’s Office Data Center. Also, Pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $225,000 from the FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to the project in Non-Departmental (470) General Fund (100) Major Maintenance (4732) County Administration Building (ABII) entitled “Administration Building Chiller Repairs.” This action approves one-time contingency funds to cover the repair costs of the administration chiller that is broken. Also, Pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $15,000 from the FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to a new project in Non-Departmental (470) General Fund (100) Major Maintenance (4732) Old Courthouse (OCWR) entitled “Old Courthouse third floor window replacement.” This action approves one-time contingency funds to cover the replacement of two windows on the third floor south side. (C-91-10-042-2-00)

68. JOINT RESOLUTION TO FLOOD CONTROL DISTRICT 2009R013 FOR SALE OF PERSONAL PROPERTY Adopt Joint Resolution to FCD 2009R013, authorizing Maricopa County Department of Transportation to sell personal property that has been acquired for public works projects and to have all documents related to such sales to be signed by the Maricopa County Department of Transportation Director and/or his designee. All such sales will be done by public auction pursuant to Arizona Revised Statute Sections 48-3603 and 9-402. Maricopa County Department of Transportation acquires real property for public works projects and clears the property of all improvements and structures. Through that process, the real estate staff disposes of many items of personal property such as trailers, water heaters, furniture and many other items by public auction. This agenda item is located in Supervisor Districts 1, 2, 3, 4, and 5. (C-91-10-036-6-00) 69. TRANSFER OF EXPENDITURE AUTHORITY FOR PROJECT CONTINGENCY Pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $202,500 from the FY 2009-10 Non-Departmental (470) Detention Fund (255) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to a new project in Non-Departmental (470) Detention Fund (255) Major Maintenance (4732) entitled “Generator Support SO Data Center” (SODC). Also, pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $22,500 from the FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to a new project in Non-Departmental (470) General Fund (100) Major Maintenance (4732) entitled “Generator Support SO Data Center” (SODC). These actions approve one-time contingency funds to support the Jail Management System (JMS) at the Sheriff’s Office Data Center. Also, Pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $225,000 from the FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to the project in Non-Departmental (470) General Fund (100) Major Maintenance (4732) County Administration Building (ABII) entitled “Administration Building Chiller Repairs.” This action approves one-time contingency funds to cover the repair costs of the administration chiller that is broken. Also, Pursuant to A.R.S. §42-17106(b), approve the transfer of expenditure authority in the amount of $15,000 from the FY 2009-10 Non-Departmental (470) General Fund (100) Non-Recurring/Non-Project (0001) Unreserved Contingency (4711) to a new project in Non-Departmental (470) General Fund (100) Major Maintenance (4732) Old Courthouse (OCWR) entitled “Old Courthouse third floor window replacement.” This action approves one-time contingency funds to cover the replacement of two windows on the third floor south side. (C-91-10-042-2-00)

70. TRAFFIC CONTROL CHANGES AT MCDOWELL MOUNTAIN AND FOREST ROAD Approve a change in traffic controls (Three Way Stop) on unincorporated right-of-way at the following location: A Three Way Stop (from a Two-Way east / north Stop) at McDowell Mountain Road and Forest Road Supervisory District No. 2 (C-91-10-039-M-00)

71. TRAFFIC CONTROL CHANGES AT BUCKEYE ROAD AND 355TH AVENUE Approve a change in traffic controls (Four Way Stop) on unincorporated right-of-way at the following location: A Four Way Stop (from a Two-Way east/west Stop) at Buckeye Road and 355th Avenue. Supervisory District No. 4 (C-91-10-040-M-00)

72. TRAFFIC CONTROL CHANGES AT BETHANY HOME ROAD AND CITRUS ROAD Approve a change in traffic controls (Four Way Stop) on unincorporated right-of-way at the following location: A Four Way Stop (from a Two-Way east/west Stop) at Bethany Home Road and Citrus Road. (This partially rescinds the Through Street Resolution on Citrus Road dated December 12, 1983).Supervisory District No. 4 (C-91-10-038-M-00)

73. TRAFFIC CONTROL CHANGES AT BROADWAY ROAD AND AIRPORT ROAD Approve a change in traffic controls (Four Way Stop) on unincorporated right-of-way at the following location: A Four Way Stop (from a Two-Way north/south Stop) at Broadway Road and Airport Road. (This partially rescinds the Through Street Resolution on Broadway Road dated May 21, 1957).Supervisory District No. 4 (C-91-10-037-M-00)

74. GRANT THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT FROM US DEPARTMENT OF ENERGY FOR SOLAR THERMAL WATER HEATING SYSTEMS AND AMEND THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN Accept $2,302,800 of the $3,567,800 total EECBG AARA Grant # DE-EE0000848/000 grant funding through the American Recovery and Reinvestment Act (AARA) of 2009 from the US Department of Energy to Maricopa County through its Public Works Department to fund installation of solar thermal water heating systems at the Fourth Avenue and Lower Buckeye Jails. The grant beginning and end dates are August 31, 2009 to August 30, 2012. In accordance with A.R.S. Section 42-17106(B), authorize the following amendments to the FY 2009-10 Five-Year Capital Improvement Plan: 1. Create a new project in the Detention Fund County Improvement Fund (455) titled “Lower Buckeye Jail Solar Thermal Water Heating Systems”, Function Class LSTW, in the amount of $1,237,900 in Year 1 and authorize the Facilities Management Department to proceed with the project. Also, increase the FY 2009-10 Non-Departmental (470) Detention Fund County Improvement Fund (455) “LBJ Solar Thermal Water Heating Systems” (LSTW) revenue and expenditure appropriation and project in year 1 by $1,237,900. 2. Create a new project in the Detention Fund County Improvement Fund (455) titled “4th Avenue Jail Solar Thermal Water Heating Systems”, Function Class FSTW, in the amount of $1,064,900 in Year 1 and authorize the Facilities Management Department to proceed with the project. Also, increase the FY 2009-10 Non-Departmental (470) Detention Fund County Improvement Fund (455) “4th Avenue Jail Solar Thermal Water Heating Systems” (FSTW) revenue and expenditure appropriation and project in year 1 by $1,064,900. This action approves the acceptance of funding that is awarded to Maricopa County in the amount of $3,567,800 approved for Air Quality, Facilities Management and the Library District. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. This budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Indirect costs are not applicable as the award is for capital purchases. (C-91-10-046-G-00) BOARD OF SUPERVISORS

75. CANCELLATION OF ELECTION AND APPOINTMENTS TO THE FOUNTAIN HILLS SANITARY DISTRICT Pursuant to A.R.S. §§ 48-2010(A), accept the nomination petitions filed for two positions to the Fountain Hills Sanitary District Board of Directors, cancel the election scheduled to be held on November 3, 2009 and appoint the following people who filed nominating petitions to fill the positions: Thomas Reski Glenn Panaro The appointed Directors shall serve four year terms effective January 1, 2010 through December 31, 2013 and until their respective successors are elected and qualified. (C-06-10-098-7-00)

76. RESIGNATION AND APPOINTMENTS TO THE BOARD OF HEALTH 1) Accept the resignation of Susanne Cook, representing Supervisorial District 2, to the Board of Health effective immediately. 2) Approve the appointment of Shannon Smith, who is currently a member at-large, as the District 4 representative to the Board of Health. The term will remain the same and be effective through December 31, 2012. 3) Approve the appointment of Amanda Jamsek to the Board of Health as a member at-large. The term of the appointment will be effective as of the date of Board approval through December 31, 2012. (C-06-10-104-9-00)

77. APPOINTMENT TO THE CITIZEN'S AUDIT ADVISORY COMMITTEE Accept the resignation of Jill Rissi and approve the appointment of Janet Secor to the Citizen's Audit Advisory Committee as nominated by Supervisorial District 2. Ms. Secor will fill the unexpired term effective as of the date of Board approval through April 4, 2010. (C-06-10-108-9-00)

78. APPOINTMENTS TO THE AGGREGATE MINING OPERATIONS ZONING DISTRICT #1 RECOMMENDATION COMMITTEE 1) Approve the appointment of the following members to the Aggregate Mining Operations Zoning District #1 Recommendation Committee: Mike Ward, replacing Janet Krolczyk as an Alternate Member Jim Schroeder, replacing Pat Kuehner as an Alternate Member Frank Mendola, replacing Agustin Figueroa as an Alternate Member Jamey Brown, replacing Frank Mendola as an Industry Member Scott Dickson, replacing Jim Schroeder as an Industry Member The term of the appointments will be effective October 6, 2009 through October 5, 2012. 2) Approve the appointment of Shaun Cory, replacing Carolyn Loder, as an Alternate Member for Sara Cook. The term will be effective through October 5, 2010 to coincide with Ms. Cook's term. 3) Approve the reappointment of Roger Van Camp as an Industry Member. The term of the appointment will be effective October 6, 2009 through October 5, 2012. (C-06-10-106-9-00)

79. ESTABLISH A PHOTO RADAR FEE Pursuant to A.R.S. §11-251.08, set a public hearing for November 4, 2009 to solicit comments and consider the adoption of Photo Radar Fee of $20.00 per defendant to begin December 1, 2009. The proposed photo radar fee will be assessed against each individual charged with a civil traffic violation through utilization of photo radar. A.R.S.§11-251.08 authorizes county boards of supervisors to adopt fees for any specific service the county provides to the public as long as that fee is attributable to and defrays the expense of the service for which the fee is assessed and the fee does not exceed the actual cost of that service. The Justice Courts estimate the average cost to process each photo radar case to be $21.60. (C-24-10-001-M-00)

80. PROPOSED REVISIONS OF MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT USER FEE SCHEDULE Pursuant to A.R.S. §11-251.08, set a public hearing for November 4, 2009 to solicit comments and consider the adoption of Proposed Revisions of Maricopa County Parks and Recreation Department User Fee Schedule. Upon Board approval, this item will become effective December 1, 2009. The Maricopa County Parks and Recreation Department, with consultation from the Parks and Recreation Commission, has determined the necessity to revise its user fee schedule, in order to bring the user fees more closely in line with typical fees for similar systems and to recover fees for services. This will enable the Department to apply any changes in fees to needed repairs and improvements to parks facilities. A Fee Study Committee was established to research the issue and develop the proposed new fee schedule. The Parks and Recreation Commission held a public meeting regarding the revised fees on September 8, 2009 and no comments were received from the public. The meeting was advertised on the Parks website and in the parks. The Board must set this matter for public hearing pursuant to statutory requirement. (C-30-10-006-2-00)

81. ZONING CASES Schedule Planning and Development public hearings on zoning cases and other matters for the October 21, 2009 meeting. (List will be on file with the Clerk's Office) (C-44-10-028-M-00)

82. DUPLICATE WARRANTS Pursuant to A.R.S §11-632, approve and ratify the issuance of duplicate warrants to replace county warrants and school warrants which were either lost or stolen. Necessary affidavits have been filed with the Board. Affidavits presented are on file in the Clerk of the Board’s Office. (C-06-10-111-7-00)

83. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821, authorize the appointment and cancellation of appointment of Precinct Committeemen. List is on file in the Clerk of the Board’s Office. (C-06-10-109-7-00)

84. SECURED TAX ROLL CORRECTIONS Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from the Assessor for corrections of the Secured Tax Rolls Resolutions. This reflects actual tax dollar corrections to the County tax rolls due to administrative corrections of the Assessor and as a result of property tax appeals. Resolutions on file in the Clerk of the Board’s Office. (C-06-10-112-7-00)

85. SETTLEMENT OF PROPERTY TAX CASES Pursuant to A.R.S. §§42-16201 through 16215, approve the settlement of tax cases dated October 7, 2009. List is on file in the Clerk of the Board’s Office. (C-06-10-110-7-00)

A-1. LIMITED ENGLISH PROFICIENCY POLICY Adopt the Limited English Proficiency Policy which will, in part, provide for Spanish language assistance at formal Board of Supervisors meetings to persons with limited English language proficiency; also, direct staff to take the necessary steps to implement this policy. (C-06-10-116-6-00)

A-2. MCDONNELL DOUGLAS HELICOPTER COMPANY V. MARICOPA COUNTY, TX2005-050369 (CONSOLIDATED) Rescind authorization of settlement of McDonnell Douglas Helicopter Company v. Maricopa County, TX2005-050369 (consolidated), included on Agenda Item C-06-09-321-7-00, dated February 25, 2009, as discussed in Executive Session on October 5, 2009. (C-19-10-012-M-00)

A-3. TEMPORARY ADDITION TO FLEET OF YAMAHA RHINO OFF-ROAD VEHICLES Approve a temporary addition to fleet of three Yamaha Rhino Off-Road Vehicles from the 2009 Rhino Law Loan Program. These vehicles are free of charge for one year and are being provided by the Yamaha Motor Corporation, RideNow Dealership, who is an authorized Maricopa County vendor. The term of this Program is one year from the date of delivery. The Sheriff's Office is responsible for maintaining the vehicles in good condition. The estimated annual operating costs of these vehicles is $600 ($200 each) to be supported through the U.S. Department of Agriculture, Forest Service, Tonto National Forest funding for the FY2010 Financial and Operating Plan (C-50-06-514-2-06). This funding is pending Board of Supervisors approval on October 7, 2009. This is a temporary addition to the fleet and they will be returned to the dealership at the end of one year with no funding from the general fund for their replacement. (C-50-10-038-V-00)

A-4. MEMORANDUM OF AGREEMENT WITH FEDERAL GOVERNMENT Approve a Memorandum of Agreement (MOA) between the US Department of Homeland Security’s Immigration and Customs Enforcement (ICE) and Maricopa County on behalf of the Sheriff’s Office pursuant to which selected personnel as authorized to perform immigration enforcement in specific situations with the Maricopa County jail facilities under federal authority. This MOA will remain in effect for three years from the date of signing unless terminated earlier by either party. The purpose of this MOA is to enhance the safety and security of the Maricopa County jail facilities by focusing resources on identifying and processing for removal, criminal alien who pose a threat to or danger to the community. This MOA sets forth the process for designation, training, certification and authorization of certain Sheriff’s Office personnel to perform certain immigration enforcement functions. (C-50-10-052-3-00)

F-1. PUBLIC HEARING - RESOLUTION FOR 2009 COMPREHENSIVE FLOODPLAIN MANAGEMENT PLAN AND PROGRAM Pursuant to A.R.S. §48-3616 B, convene the scheduled public hearing, to solicit comments and consider the adoption of Resolution 2009R011, 2009 Comprehensive Floodplain Management Plan and Program. Upon Board approval, this item will become effective October 7, 2009. Arizona Revised Statute Section 48-3616 states that a report ".shall be prepared at least every five years beginning in 1985 and shall indicate the past efforts of the district in eliminating or minimizing flood control problems and state the planned future work of the district to eliminate or minimize flood control problems." This report requirement is in addition to the Capital Improvement Program that must be prepared annually. As the administrator of the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) for unincorporated Maricopa County, the District is also tasked with completing a floodplain management plan. The floodplain management plan must review and recommend a program of activities to address the county’s vulnerability to flooding and educate residents about loss reduction measures and the beneficial functions of floodplains. The NFIP awards credits for the Plan, which result in lower flood insurance rates within the unincorporated county. Maricopa County is currently rated CRS Class 5, which results in up to a 25% reduction in flood insurance rates within the unincorporated county. (C-69-10-015-6-00)

F-2. JOINT RESOLUTION FOR SALE OF PERSONAL PROPERTY Adopt Joint Resolution FCD 2009R013, authorizing the Flood Control District of Maricopa County (District) to sell personal property that has been acquired for public works projects and to have all documents related to such sales to be signed by the Chief Engineer and General Manager of the District and/or his designee. All such sales will be done by public auction pursuant to Arizona Revised Statute Sections 48-3603 and 9-402. The District acquires real property for public works projects and clears the property of all improvements and structures. Through that process, the real estate staff disposes of many items of personal property such as trailers, water heaters, furniture and many other items by public auction. This agenda item impacts in all Supervisory Districts. (C-69-10-023-6-00)

F-3. STATE OF ARIZONA NAVIGABLE STREAM ADJUDICATION - GILA RIVER Authorize legal action in support of the State Land Department’s appeal of the Arizona Navigable Stream Adjudication Commission’s (ANSAC) Gila River adjudication, consistent with prior Board action relating to this issue. Discussed in Executive session on September 14, 2009. (C-69-10-025-M-00)

F-4. IGA WITH SHERIFF'S OFFICE FOR LAW ENFORCEMENT SERVICE Approve Intergovernmental Agreement (IGA) FCD 2009A014 for Law Enforcement Service between the Flood Control District of Maricopa County (District) and Maricopa County Sheriffs’ Office. This IGA provides District funding for assignment of one full-time, trained and certified Sheriffs’ Deputy to the District. The estimated cost for this IGA in Fiscal Year 2010 is $70,230 for personnel and equipment. Additional start-up equipment costs are estimated to be $38,289 for a total estimated cost of $108,519. The estimated annual cost for the additional four years to the District is $93,340 for personnel and equipment. The IGA shall become effective when recorded at the office of the County Recorder, shall expire five years from the date of recording and shall be subject to termination with a 30-day written notice by either party. The District operates and maintains flood control structures throughout Maricopa County. Trespassing and vandalism bring about increased annual maintenance costs to the District while creating hazardous conditions for the public. District dams and flood retarding structures, in particular, demand increased sensitivity to structural damage. This IGA provides a Sheriff’s Deputy for District support, intended primarily to reduce instances of trespass and vandalism to District structures and corresponding hazards and maintenance costs. This Agenda Item impacts all Supervisor Districts. (C-69-10-024-3-00)

F-5. JOB ORDERING CONTRACT WITH KLONDYKE CONSTRUCTION, LLC FOR CONCRETE PLACEMENT SERVICES Award Contract FCD 2008C038 a Job Ordering Contract for Concrete Placement to Klondyke Construction, LLC to provide miscellaneous concrete placement services. The contract will be effective for a period of two years effective the date of award by the Board of Directors and may be renewed, if mutually agreed to by both the Contractor and the Flood Control District of Maricopa County (District), for an additional three one-year periods. The total contract amount will not exceed $6,000,000 over the two years with an annual contract amount not-to-exceed $3,000,000. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504, Section G and Article 5 Procurement Procedures Manual, Chapter V. The concrete placement contract enables the District to expediently complete smaller construction projects using pre-qualified contractors. This allows the District’s Operation & Maintenance (O&M) Division to continue activities, in a timely manner, regarding the maintenance of structures that provide flood protection to the citizens of Maricopa County. This agenda item is impacts all Supervisory Districts. (C-69-10-028-5-00)

F-6. JOB ORDERING CONTRACT WITH CACTUS ASPHALT FOR CHIP SEAL SERVICES Award Contract FCD 2008C039 a Job Ordering Contract for Chip Seal Services to Cactus Asphalt to provide miscellaneous chip seal services. The contract will be effective for a period of two years effective the date of award by the Board of Directors and may be renewed, if mutually agreed to by both the Contractor and the Flood Control District of Maricopa County (District), for an additional three one-year periods. The total contract amount will not exceed $6,000,000 over the two years with an annual contract amount not-to-exceed $3,000,000. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504, Section G and Article 5 Procurement Procedures Manual, Chapter V. The chip seal contract enables the District to expediently complete smaller construction projects using pre-qualified contractors. This allows the District’s Operation & Maintenance (O&M) Division to continue activities, in a timely manner, regarding the maintenance of structures that provide flood protection to the citizens of Maricopa County. This agenda item is impacts all Supervisory Districts. (C-69-10-027-5-00)

F-7. JOB ORDERING CONTRACT WITH HUNTER CONTRACTING COMPANY FOR EARTHWORK SERVICES Award Contract FCD 2008C040 a Job Ordering Contract for Earthwork Services to Hunter Contracting Company to provide miscellaneous earthwork services. The contract will be effective for a period of two years effective the date of award by the Board of Directors and may be renewed, if mutually agreed to by both the Contractor and the Flood Control District of Maricopa County (District), for an additional three one-year periods. The total contract amount will not exceed $6,000,000 over the two years with an annual contract amount not-to-exceed $3,000,000. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504, Section G and Article 5 Procurement Procedures Manual, Chapter V. The earthwork contract enables the District to expediently complete smaller construction projects using pre-qualified contractors. This allows the District’s Operation & Maintenance (O&M) Division to continue activities, in a timely manner, regarding the maintenance of structures that provide flood protection to the citizens of Maricopa County. This agenda item is impacts all Supervisory Districts. (C-69-10-029-5-00)

F-8. IGA WITH CITY OF PHOENIX FOR DURANGO REGIONAL CONVEYANCE CHANNEL - 75TH AVEUE TO 107TH AVENUE Approve Intergovernmental Agreement (IGA) FCD 2009A007, Durango Regional Conveyance Channel, 75th Avenue to 107th Avenue (Project [#565]), between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). This IGA is for cost sharing of the Project design. The estimated total Project design cost is $1,100,000 with the District’s share estimated to be $550,000. The IGA shall become effective when recorded at the office of the County Recorder and shall expire 10 years from the date of recording or upon Project completion, whichever comes first. The Durango Area Drainage Master Plan Update (ADMP) identified flooding problems in the Durango area and recommended solutions to these problems, which would provide citizens of Maricopa County with enhanced structural flood protection. This agenda item impacts Supervisor District 5. (C-69-10-026-3-00)

F-9. IGA WITH CITY OF MESA FOR OAK STREET BASIN AND STORM DRAIN DRAINAGE SYSTEM Approve Intergovernmental Agreement (IGA) FCD 2009A008, Oak Street Basin and Storm Drain Drainage System, between the City of Mesa (City) and the Flood Control District of Maricopa County (District). This IGA is for cost sharing of the design of the Oak Street Basin and Storm Drain Drainage System (Project). The estimated total cost share under this IGA is $400,000.00, with the District’s contribution at 65% and the City’s contribution at 35%. This IGA shall become effective when recorded by the Maricopa County Recorder and shall expire five years from the date of recording or upon Project completion, whichever comes first. The Spook Hill watershed extends from the Usery Mountains on the North and the Apache Trail on the East, to the Buckhorn-Mesa structures to the West and the South. The Spook Hill Area Drainage Master Plan (ADMP) identified existing drainage structures, drainage problems, analyzed the extent of flooding and developed alternative drainage solutions. A recommended plan (Plan) was chosen and presented to the public. The Plan has received public support from the residents of the area and adopted by the City. This Agenda item is located in Supervisory District 2. (C-69-10-030-3-00)

F-10. IGA WITH CITY OF MESA FOR SIPHON DRAW DRAINAGE IMPROVEMENTS - PHASE 2 Approve Intergovernmental Agreement (IGA) FCD 2009A005 for the Siphon Draw Drainage Improvements Project – Phase 2 (Project [#442]) between the City of Mesa and the Flood Control District of Maricopa County (District). This IGA is for cost sharing of the Project, construction, construction management and operations and maintenance. The estimated total Project cost is $1,800,000 and will be shared 60% by the City of Mesa and 40% by the District with the District’s share estimated to be $720,000. The IGA shall become effective when recorded at the office of the County Recorder and shall expire five years from the date of recording or upon Project completion, whichever comes first. The District, in cooperation with the City of Mesa, completed the East Mesa ADMP in July, 1998, which recommended the Siphon Draw Drainage Improvements Project to protect properties by the detention and conveyance of storm water during a 100-year storm event. This Agenda Item impact Supervisor District 1. (C-69-10-032-3-00)

F-11. BIDS AND AWARD FOR WHITE TANKS FLOOD RETARDING STRUCTURE NO.3 REMEDIATION PROJECT PHASE 2 Authorize the Flood Control District of Maricopa County (District) to issue an Invitation for Bids for Contract FCD 2008C031, White Tanks Flood Retarding Structure (FRS) No. 3 Remediation Project – Phase 2 (Project). Award the contract to the lowest responsible bidder if the bid is not more than ten percent over the engineer’s estimate. The District has completed alternative studies, which address all issues inclusive of a recently identified earth fissure risk zone. The selected alternative is a dam modification, which consists of modifications to the existing dam embankment, outlets and emergency spillway to address all dam safety issues. The White Tanks FRS No. 3 Remediation Project is being constructed in three phases. Construction of Phase 1 and 3 have been completed. The project is located in Supervisory District 4. (C-69-10-020-5-00)

F-12. BIDS AND AWARD FOR EAST MESA DRAIN #4 CHANNEL IMPROVEMENTS Authorize the Flood Control District of Maricopa County (District) to issue an Invitation for Bids for Contract FCD 2009C025, East Mesa Drain #4 Channel Improvements (Project #442). Award the contract to the lowest responsible bidder if the bid is not more than ten percent over the engineer’s estimate. The District developed the East Mesa Drains Candidate Assessment Report to evaluate several earthen channels in unincorporated Maricopa County that are maintained by the District. The East Mesa Drain #4 Channel, which is northwest of the corner of Ellsworth Road and Broadway Road, was found to be a priority segment for channel lining improvements to mitigate erosion-related and other extensive maintenance activities. The project is located in Supervisory District 2. (C-69-10-021-5-00)

F-13. BIDS AND AWARD FOR EAST MESA DRAIN #7 CHANNEL IMPROVEMENTS Authorize the Flood Control District of Maricopa County (District) to issue an Invitation for Bids for Contract FCD 2009C009, East Mesa Drain #7 Channel Improvements (Project #442). Award the contract to the lowest responsible bidder if the bid is not more than ten percent over the engineer’s estimate. The District developed the East Mesa Drains Candidate Assessment Report to evaluate several earthen channels in Unincorporated Maricopa County that are maintained by the District. The East Mesa Drain #7 Channel, which is east of 85th Street and north of Broadway Road, was found to be a priority segment for channel lining improvements to mitigate erosion-related and other extensive maintenance activities. The project is located in Supervisory District 2. (C-69-10-022-5-00)

F-14. BIDS AND AWARD FOR SIPHON DRAW DRAINAGE IMPROVEMENTS - PHASE 2 Authorize the advertisement of the Invitation for Bids of Contract FCD 2008C037 for the Siphon Draw Drainage Improvements Project – Phase 2 (Project [#442]) and award of the contract to the lowest responsible bidder, if the bid is not more than ten percent over the engineer’s estimate for the Project. The Siphon Draw Drainage Improvements Project will provide 100-year protection to an area of the City of Mesa (City) west of Meridian Road and near Elliot Road. This contract for Phase 2 of the Project will include one-half mile of concrete-lined channel, maintenance roads, 500 feet of rock-lined channel, and associated structures. The District will administer the construction contract and provide the construction management. This Agenda item impacts Supervisor District 1. (C-69-10-031-5-00)

L-1. GRANT THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT FOR THE WHITE TANK BRANCH LIBRARY & NATURE CENTER Accept the grant funding through the American Recovery and Reinvestment Act of 2009 to the Maricopa County Library District in the amount of $540,000 to fund an onsite photovoltaic system at the White Tank Branch Library & Nature Center. Indirect costs are not applicable the Library District portion of the grant. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation and, therefore, expenditures of these revenues are not prohibited by the budget law. The total grant funding is the amount of $3,567,800 from the US Department of Energy. The term of the grant is from August 31, 2009 through August 30, 2012. The Library Districts on-site photovoltaic system will initially produce about 80,000 KWH annually or 21% of the buildings power needs. The on-site system will prevent the equivalent of 88,574 pounds of CO2 during the first year of operation or 2,564,443 pounds of CO2 prevention over the 30 year life of the system. According to the EPA, that equates to 63.2 metric tons of avoided CO2 emissions. (C-65-10-007-G-00)

86. Public comment on matters pertaining to Maricopa County government. Please limit comments to two to three minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.)

87. Supervisors'/County Manager's summary of current events.

PZ-1. V200900213 - JENKINS This is the time for the review of the Hearing Officer's Order of Judgment in Zoning Code Violation Case No. V200900213, Jenkins (Supervisor District 3) (C-44-10-021-M-00)

PZ-2. V200901096 - GRIMES This is the time for the review of the Hearing Officer's Order of Judgment in Zoning Code Violation Case No. V200901096, Grimes (Supervisor District 1) (C-44-10-023-M-00)