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HomeMy WebLinkAboutPackets - Council Packets (838) **AMENDED 01/11/08, 4:00 p.m. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JANUARY 16, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. PRESENTATION: PRESENTATION OF PROCLAMATION TO MELANIE LARSON, EXPLORER NEWSPAPER FOUNDER **PRESENTATION BY ARIZONA STATE LAND DEPARTMENT CONCEPTUAL LAND USE PLANNING PROGRAM AND PROCESS FOR THE ARROYO GRANDE PLANNING AREA (MOVED TO REGULAR AGENDA ITEM #6) 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 12/12/07; 12/19/07 B. Economic Development Division Monthly Report - December 1, 2007 - December 31, 2007 01/16/08 Council Regular Session 2 C. Oro Valley Police Report - November 2007 D. Transit Monthly Operations Report November - 2007 E. Northern Pima County Chamber of Commerce Quarterly Report: July 1, 2007 - September 30, 2007 F. Extension of term of office for Mr. Tom Vetrano, member of the Municipal Property Corporation to June 30, 2008 G. Resolution (R)08- 01 Declaring that proposed document entitled "Procurement", Article 3-4 of the Oro Valley Town Code, attached hereto as Exhibit "A" and filed with the Town Clerk, a public record H. Resolution No. (R)08- 02 Authorizing and Approving a Construction Contract with Falcon Contracting Inc. dba Falcon Excavating, Inc. in the Amount of $268,620.00 for the Construction of the Oracle Road Water Main Relocation. I. **Resolution No. (R)08-03 Authorizing the Intergovernmental Agreement between the Town of Oro Valley and Pima County for election services with the Pima County Recorder to be effective February 1, 2008 through completion of all obligations and activities contemplated by this IGA, provided that the term shall continue through final resolution of any legal challenge to the election. 2. ELECTION OF VICE MAYOR EFFECTIVE JANUARY 16, 2008 - DECEMBER 31, 2008 3. PUBLIC HEARING— CONSIDERATION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR KYO SUSHI LOCATED AT 10509 N ORACLE ROAD 4. PUBLIC HEARING - ORDINANCE NO. (0)08- 01 AMENDING CHAPTER 15, WATER CODE OF THE ORO VALLEY TOWN CODE, AT SECTION 15-4-3 REGARDING MEMBERSHIP COMPOSITION Explanation: The proposed change is to combine the commercial and turf interest on the Water Utility Commission. It also changes the turf representative to an at-large representative. This proposed change will allow for more flexibility when recruiting volunteers for the positions on the Commission. 5. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) **6. PRESENTATION BY ARIZONA STATE LAND DEPARTMENT CONCEPTUAL LAND USE PLANNING PROGRAM AND PROCESS FOR THE ARROYO GRANDE PLANNING AREA CALL TO AUDIENCE — At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's 01/16/08 Council Regular Session 3 agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 01/03/08 AMENDED AGENDA POSTED: 01/11/08 4:00 p.m. 4:00 p.m. cp cp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at least five days prior to the Council meeting at 229- 4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 01/16/08 Council Regular Session 4 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES ORO VALLEYTOWN COUNCIL STUDY SESSION �`�� �4 December 12, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER: 5:35 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K C Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member 1. GREATER ORO VALLEY ARTS COUNCIL (GOVAC) DISCUSSION OF ORGANIZATIONAL DIRECTION, SPECIAL EVENTS, AND RECOMMENDED FUNDING LEVELS Satish Hiremath, President of GOVAC addressed their financial condition and clarified that GOVAC's focus and loyalty is to Oro Valley. To allay rumors, he also stated that the only official spokespersons for GOVAC is Interim Director Kate Marquez, Vice President Al Cook and President Satish Hiremath. He discussed GOVAC's strategic plan which sets the organization's direction for the future. Mr. Hiremath, Ms. Marquez and Mr. Cook outlined the plan and discussed the opportunites and challenges for future joint programming of GOVAC special events with the Town. They reviewed the GOVAC budget history and reviewed GOVAC's proposed monetary support for events, including in-kind costs. Mr. Hiremath explained the difficulty in receiving private funding especially during the down turn in the economy. Mr. Hiremath felt that the events GOVAC provides add to the fabric of Oro Valley and add to the Town's economic development. Vice President Al Cook stated that GOVAC is in a transition from programs done for years to looking ahead at the population growth of young people and transitioning to a different way of looking at things. He stated that GOVAC has hundreds of volunteers and receives volunteer donations. GOVAC has a true value in the arts in Oro Valley and he felt that they represent the heart and soul of the community. Kate Marquez, Interim Director talked about her fundraising background and how 12/12/07 Minutes, Council Study/Special Session 2 the arts contribute to economic development in communities including Arizona. She stated that GOVAC adds to the community's economy, education and community participation. She explained that Oro Valley is a very unique community that is similar to Fountain Hills, AZ. She pointed out that the Town of Fountain Hills provides funding to their Arts Council in the amount of 1/2 million dollars and also has a community center. She reviewed the last three years of Oro Valley's participation to GOVAC: 05/06 - 28%; 06/07 - 25%; 07/08 - 15% She stated that for 2008 GOVAC is asking for Town support in the amount of 21%. She pointed out that GOVAC receives funding from 37 corporations, but they have trouble receiving funding from individuals. Ms. Marquez explained two new venues they would like to provide for families: 1) Family Festival in the Park focusing on family arts, music and education and, 2) adding a Summer Family season. Discussion followed regarding the importance of GOVAC, its financial condition, providing historical data for income on past events and different ways to raise money, including charging for events, competing for Community Foundation money and focusing on providing events to the youth in Oro Valley. Mayor Loomis asked if GOVAC's proposed budget is realistic in these economic times. However, he pointed out that the Council cannot tell GOVAC what to do, but since the Town is a contributor, the Council needs to see GOVAC's income and not just their expenditures. Further discussion followed regarding possible events for children and teens, is GOVAC trying to do too much too soon. Whether or not sale of alcohol for adult events in the parks controlled by GOVAC would be acceptable, looking at some of the events Marana has done that has been successful in drawing people, supporting GOVAC and finding a way to keep GOVAC solvent without becoming a Town project. Mayor Loomis called a recess at 6:45 p.m. Meeting resumed at 6:55 p.m. 2. REVIEW OF THE RECOMMENDED CHANGES TO THE EMPLOYEE COMPENSATION AND CLASSIFICATION POLICIES AND PROCEDURES • 12/12/07 Minutes, Council Study/Special Session 3 Human Resources Director Sandra Abbey reviewed the recommended changes to the compensation and classification policies and procedures. She asked for further direction or authorization to proceed with the proposed changes so they can be brought forward during the budget process. The four elements, base pay, annual adjustments, merit or step increases and lump sum payment were reviewed and discussed. Further discussion followed regarding the pros and cons of merit plans vs. step plans. Mr. Andrews and Ms. Abbey discussed the current merit plan and mentioned that the majority of the employees on the merit system are satisfied and like the percentage added to base salary rather than the formula that relates back to mid- point. Mayor Loomis asked for more discussion on percentage for steps, the average increases for the last 20 years based on the number of employees, the time associated with multiple steps. He also suggested talking more about award programs, lump sums and understanding the payroll growth per year. Council Member Abbott stated she would like to understand the dollars per employee in benefits to understand the impact to the budget and the impact to employees. She agreed that the merit plan should stay in place. Ms. Abbey reviewed the updated Classification proposal and explained the objective criteria for evaluating multiple factors as well as looking at market salaries to stay in touch with the competition. Discussion followed regarding the proposed four classification bands and annual salary surveys. Mayor Loomis asked for a second study session to be held in February or early March for further discussion. ADJOURN STUDY SESSION MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Dankwerth to adjourn at 8:25 p.m. MOTION carried, 7-0. CALL TO ORDER - SPECIAL SESSION - 8:26 p.m. PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member 12/12/07 Minutes, Council Study/Special Session 4 K C Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member EXECUTIVE SESSION - AT OR AFTER 5:30 P.M. MOTION: A motion wasby made Council Member Kunisch and seconded by Vice Mayor Dankwerth to go into Executive Session for the following purpose: I advice, .03 A , discussion and consultation for legsPursuant to ARS § 38-431 ( )(3) discussion and consultation with legal counsel regarding moving and (A)(4), forward and presenting an economic development agreement to Sanofi-Aventis Tucson Research Center. MOTION carried, 7-0. • was made byCouncil Member Parish and seconded by MOTION: A motion Member Kunisch to go out of Executive Session at 8:59 p.m. Council MOTION carried, 7-0. ADJOURNMENT MOTION: A motion was made byCouncil Member Parish and seconded by Council Member Kunisch to adjourn at 9:00 p.m. MOTION carried, 7-0. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk I hereby certify that theforegoing fore oin minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 12th dayof December 2007. I further certify that the meeting was dulycalled and held and that a quorum was present. Dated this day of , 2008. Kathryn E. Cuvelier, CMC Oro Valley Town Clerk • DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION December 19, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER at 7:01 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member PLEDGE OF ALLEGIANCE - Mayor Loomis led the audience in the Pledge of • Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming Town meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS Town Engineer Craig Civalier stated that he attended a conference call with Congresswoman Gabrielle Giffords and Senator Jon Kyl. He explained that the newly designated flood plains and the mandates instituted by the Federal Emergency Management Agency (FEMA) would be delayed for one year due to the effects the new designations have had on local jurisdictions. TOWN MANAGER'S REPORT - no report. ORDER OF BUSINESS: Mayor Loomis moved Item 9 forward to follow Item 4. PRESENTATIONS Mayor Loomis and Council Member Carter presented the diplomas to the graduates of the Citizens' Planning Institute. The recipients were as follows: 12/19/07 Minutes, Town Council Regular Session 2 Paul Anzalone Denise Hillwig Phyllis Murphy Susann Bedell John Hoffman Jeri Ottoboni-Gilmore Mary Davis Joe Hornat Howard Richmond Wilbert Eastland J.R. Johnson Greg Roberts Carolyn Emmons Roseanne Lowe Dan Toth Don Emmons Robert Medler Not Present: Isabelle Fleuraud Robert Milkey - P. Michelle Saxer Patrick Foley Nancy Mogck - Don Sheer - Diane Sheehey CALL TO AUDIENCE - Mayor Loomis opened the Call to the Audience. Oro Valley resident Jackie Devery thanked the Mayor and Council for the Town of Oro Valley Holiday Parade. She noted that despite the rain, all had a great time. She brought shirts commemorating the parade to distribute to the Mayor and Council. Oro Valley resident John Musolf spoke regarding the Greater Oro Valley Arts Council's (GOVAC) use of Town funds. He noted that GOVAC might file for bankruptcy in January 2008. He stated that he did not want the Town to waste p Y money subsidizing a poorly run entity. Council Member Abbott requested to pull Item I from the Consent Agenda. MOTION: A motion was made by Council Member Carter and seconded by Vice pp Mayor Dankwerth to approve the Consent Agenda with the exception of Item I. y MOTION carried, 6-1 with Council Member Parish opposed. 1. CONSENT AGENDA A. Minutes - December 5, 2007 B. Building Code Activity Report November 2007 C. Coyote Run Monthly Report - October 2007 D. Economic Development Division Monthly Report E. Finance and Bond Committee Report to Council for the quarter ending September 30, 2007 F. Resolution No. (R)07- 136 Authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and Pima County for street naming and addressing services G. Resolution No. (R)07 - 137 Authorizing and approving a contract with s 12/19/07 Minutes, Town Council Regular Session 3 Desert Glen Commercial Landscape Group, Inc. in the amount of $273,800 to replace the existing irrigation system at James D. Kriegh Park H. Resolution No. (R)07- 138 Authorizing and Approving a Construction Contract with Standard Construction Company, Inc. in the amount of $272,925.00 for the Construction of an Access Bridge for the Pusch View Well I. Resolution No. (R)07- 139 Accepting the bid and award of contract to N.A.C. Construction, Inc. in the amount of$5,050,056.40 for the La Canada Drive Widening Project from Naranja Drive to Tangerine Road, Project No. OV 30 04/05 27 (PULLED FOR DISCUSSION) J. OV5-07-11 Approval of public art for Sports Authority, located within the Home Depot Plaza development at the intersection of Oracle Road and First Avenue by Matthew Moutafis, representing Barclay Group, LLC. K. Approval of Employment Agreement for newly appointed Town Attorney Tobin Rosen I. Resolution No. (R)07- 139 Accepting the bid and award of contract to N.A.C. Construction, Inc. in the amount of $5,050,056.40 for the La Canada Drive Widening Project from Naranja Drive to Tangerine Road, Project No. OV 30 04/05 27 Vow MOTION: A motion was made by Council Member Abbott to approve Item I and use $1M from the Contingency Fund to underground the utility lines. The motion failed for lack of second. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve item I. MOTION carried, 6-1 with Council Member Abbott opposed. 2. DISCUSSION AND POSSIBLE ACTION REGARDING SANOFI- AVENTIS' REQUEST FOR AN ECONOMIC DEVELOPMENT AGREEMENT Town Manager David Andrews gave a brief introduction of the request made by Sanofi Aventis'. Rob Morton of the Arizona Department of Commerce read a letter on behalf of the Bioscience Manager for the Arizona Department of Commerce Micah Miranda. The letter noted that the Arizona Department of Commerce supported the expansion of Sanofi-Aventis in Oro Valley. 12/19/07 Minutes, Town Council Regular Session 4 Director and Oro Valley Site resident Beth Koch spoke on behalf of Sanofi-Aventis. Ms. Koch's presentation consisted of: • A global overview of the company. • Research and development network. • The history of Sanofi-Aventis in Oro Valley. • The educational credentials and scientific specialties of their associates. • The need for more space as they have outgrown their current facility. • The economic impact to Oro Valley. • The it plan to build a new facility according to Leadership in Energy and Environmental Design (LEED) specifications. Ms. Koch noted that Sanofi-Aventis would like to create an Economic Development Agreementwith the Town of Oro Valley that would share in cost of the local construction sales tax. The plan proposed a one-time tax the relief benefit of 1% of the 4% construction sales tax; not to exceed $360,000. Tucson Rego Opportunities nal Economic O (TREO) Vice President David Welsh encouraged Council to support Sanofi-Aventis in this endeavor. He stated that the bioscience industry would bring prosperity to the region. Mr. Welsh clarified that: • 30% of the $11OMp that would be spent on the new facility would be needed ongoing to maintain the building for the life of the facility. g g • TR EO would assist Sanofi-Aventis with job training grants ranging from $300K to $1.3M. • Town of Oro Valleyinvested $50K annually to participate in TREO. The • TREO'sg oal is to increase wealth in the community. MOTION: A motion was made byCouncil Member Abbott and seconded by Council Member Carter to continue this item to a study session in February. y MOTION failed, 2-5 with Mayor Loomis, Vice Mayor Dankwerth, Council Member Gillaspie, Council Member Kunisch, and Council Member Parish opposed. Mayor Loomis opened the floor for public comment: Oro Valley resident John Musolf stated that this item was corporate welfare. He stated that he wanted more time to study the issue. Oro Valleyresident Art Seal commended Council Member Abbott for not g attending the Executive Session last week. He further lauded Council Members Abbott and Carter for the motion on this item. He stated that Sanofi- Aventisg enerated $38B and therefore did not need economic incentives. Oro Valley resident Bill Garner stated that he wanted to see this item continued. He stated that there were numerous incentives available for Sanofi-Aventis and that the Town could not afford an Economic Development Agreement. 12/19/07 Minutes, Town Council Regular Session 5 Oro Valley resident Bill Adler stated that this item would be continued since a formal EDA was not included with this item. He noted that Sanofi-Aventis has taken the initiative to apply for LEED certification, and could set a standard for future businesses to follow. He stated that he viewed the EDA as a gesture of good will rather than an incentive and therefore supported the request. Discussion followed regarding: • Construction sales tax o Covers pavement management. o Was 2% until 2004-2005 fiscal year. o Was increased to 4% in 2006. It was clarified that 38% of Construction Sales tax was contributed to the Highway Fund while 62% was contributed to the General Fund. Mayor Loomis stated that Council would have a study session to discuss the details of an EDA for this item. Mayor Loomis called for a recess at 8:33 p.m. The meeting resumed at 8:39 p.m. Mayor Loomis introduced the new Town Attorney, Tobin Rosen. 3. RESOLUTION NO. (R)07- 140 ORDERING AND CALLING A SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF ORO Vow 4, VALLEY, ARIZONA, ON NOVEMBER2008, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, PROJECT OF 2008 Finance Director Stacey Lemos stated in her PowerPoint presentation that: • The plan for the Naranja Town site included a 20% cost escalation factor. • The proposed bond election date would be November 4, 2008. • The proposed property tax impact would be .49/$100 of assessed value. • This would impose a primary property tax. • The funding scenario: o Bond election with one ballot question for $49.1M to construct: Estimated Construction Costs Earthwork and infrastructure $22,192,137 Playfields, Courts, Outdoor Recreation and Parking '$19 265 342 Equipment F$ 1,500,000 Permits and fees $ 1,500,000 Public art iS 307,092 • n in n $ 3685109tCoge cy t 12/19/07 Minutes, Town Council Regular Session 6 $ Reimbursement to Town i 499,800 .. ... . ..... . .. Bond Issuance Costs $ 150,000 TOTAL ,$ 49,099,480.._...._.....�.�........�..w......._...��....w..�.w..Mw.�._W...._�.�.....�.......w.,..... .. .. ,...._.._.�__....,�...... .V.........w__..,.._._.....�...w.._.�.M_..._.._..... �r_.. ..... ...�..�... Ms. Lemos stated that there were sufficient funds available from Bed Tax Revenues to fund the estimated $1.2M Operation and Maintenance (O&M) costs. Mayor Loomis opened the floor for public comment. Oro Valleyresident John Musolf stated that he wanted clarification regarding the studies that created the statistics for the Naranja Town Site. He stated that he wanted to know how the number of fields and courts were determined. He further questioned the cost to the Town for liability insurance. He stated that he wanted clarification on the construction of the parking infrastructure for Phase I and/or all phases. Oro Valleyresident Art Segal suggested outsourcing maintenance and operations services to save the Town money. resident Bill Garner questioned whether the turf for the fields would be Oro Valley e syntheticirrigated. suggested or He su ested creating hiking trails to lower costs. He stated thatNaranja believed the Town Site was being forced on the public. He noted that there were no citizens listed on the task force to represent the public. He alsoq uestioned what the Town's vision was for existing parks. Oro Valleyresident Jeff Jones stated that the citizens should decide whether to park.for the He noted that the cost should be clarified and this information should be disseminated to the voters. Oro Valley resident David Welsh thanked the Council and Staff for the work that has been spent on this issue over the past seven years. He stated that he was in of the entire the project rather than a portion of the original vision. He favor urged Council to move forward. Oro Valley resident Dick Johnson stated that he wanted the complete vision of thepark ark to be constructed instead of a portion of the park. He suggested that Council wait for more information on this item before deciding to put this issue on the ballot. Discussion followed regarding engineering fees and current cost figures. It was clarified that should the final cost of the project cost less than the allotted amount of bondy, money, the overage would be used to pay down the bond. It was noted that bond money could not be used for anything other than its designated purpose. +w • 12/19/07 Minutes, Town Council Regular Session 7 MOTION: A motion was made by Council Member Parish and seconded by Mayor Loomis to continue this item and direct Staff to explore and give recommendations regarding adding parts as deemed appropriate of the community center or other activities up to a maximum amount of $80M while simultaneously reducing the tax rate to .35 cents per $100 of appraised value. Discussion ensued regarding: • Whether a property tax would be necessary to sustain 0 & M costs if the cost to homeowners were reduced. • The need to find another source of revenue. • Elements of the park that could be added or excluded while staying within $80M and reducing the cost to homeowners. • Informing voters which elements $40M versus $80M could encompass. • Seeking donations from businesses to reduce the cost to homeowners. • National standards for parks per population and posting those statistics on the Town's website. Mayor Loomis noted that a lot of time was spent creating the master plan. He stated that guidelines were still being followed. He further noted that the Town would be lacking in parks per capita even with the Naranja Town Site. He stated that there would be a $1.2M deficit in 0 & M costs after the Parks & Recreation department fees. Staff was directed to investigate whether the City of Gilbert has a primary yip property tax. It was clarified that Pima County would determine the type of ballot that would be used due to the fact that the bond election was coupled with the 2008 presidential election. Discussion clarified that the cost of liability insurance was part of the projected 0 & M costs. Council Member Abbott wanted Staff to research the possibility of outsourcing. Legal Counsel Keith Hoskins of Gust Rosenfeld stated that Arizona Revised Statutes (A.R.S.) prohibited the use of any Town resources to promote the outcome of an election. He noted that resources included the use of copiers, phones and Staff. He stated that only factual information may be dispersed. He noted that elected officials may, on their own time, express their views on the topic; however their opinion must be separated from the Town's perspective. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 9:54 p.m. The meeting resumed at 10:04 p.m. 12/19/07 Minutes, Town Council Regular Session 8 4. ACCEPTANCE OF FISCAL YEAR 2006/07 TOWN OF ORO VALLEY ANNUAL AUDIT REPORT PRESENTED BY HEINFELD MEECH & COMPANY, P.C. Finance Director StaceyLemos introduced Corey Arvizu of Heinfeld Meech & Co. to present the audit report. Mr. Arvizu stated that: • He hadp resented the report to the Finance and Bond Committee. • Pages 5-14 of the report were a narrative of the results. • Deficiencies were addressed and procedures were enacted. Mr. Arvizu acknowledged Staff's cooperation during the audit. motion was made byCouncil Member Parish and seconded by Vice MOTION: A Mayor Dankwerth to accept the audit report. MOTION carried, 7-0. 9. UPDATE ON THE STEAM PUMP RANCH MASTER PLANNING PROCESS BY THE MASTERPLAN TEAM: POSTER FROST ASSOCIATES AND SAGE LANDSCAPE ARCHITECTURE Planning and ZoningDirector Sarah More introduced Corkey Poster of Poster Frost Associates to request direction from Council. Mr. Poster recommended the approach of attracting a broad audience over the long term. Discussion ensued which noted that the Steam Pump Ranch Task Force opted against onsite offices for GOVAC as well as the Northern Pima County Chamber of Commerce. Council members agreed that commercialization of the property should be limited. It was clarified that a broad history of the area would be presented at an Orientation Center. Mr. Poster stated that a cost analysis would be forthcoming. Council Member Gillaspie stated that he wanted the Steam Pump Ranch Task Force and the Historic Preservation Commission to determine the details and make their recommendations to Council. 12/19/07 Minutes, Town Council Regular Session 9 Mr. Poster affirmed his commitment to this project and stated that when he returns he will have more specific information to present to Council. Council Member Abbott requested that Mr. Poster return with options to choose from. 5. CONTINUED PUBLIC HEARING - OV12-02-11 C REQUEST TO APPEAL THE DEVELOPMENT REVIEW BOARD'S DECISION TO DENY THE GRADING EXCEPTION FOR PALISADES OF ORO VALLEY, LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD (CONTINUED FROM 12-5-07) Explanation: Larsen Baker LLC, represented by John Evans & Associates is requesting the appeal. Martin Crowless presented the appeal on behalf of Larsen Baker. In his presentation he explained that: • The Palisades grading plan is in substantial compliance with all five standard criteria needed to evaluate the grading exception. • They respectfully disagreed with Staff on Criteria 3 and submitted that conditions on the property are unique such that strict adherence caused an unnecessary hardship which limited the preservation and enjoyment of the property. • The proposed plan was in compliance with the criteria and findings and therefore sought Council's approval of the grading exception as originally requested. %or Mr. Crowless cited the actions that have been taken: • Explored alternative development options. • Surveyor installed building height poles. • Presented development alternatives at neighborhood meeting, December 11, 2007. • Met with four adjacent neighbors to view building height poles and views. • Garnered support from neighbors and Staff for the original plan submitted. He noted the issues that were raised: • Non-reflective colored roof requested. • Enhanced landscape in strategic areas. • Positioning and screening of roof-top mechanical equipment on south building. • Interest in avoiding excessive slopes in parking lot. Civil Engineer John Evans of John Evans and Associates noted that the parking lot was the issue. He stated that the buildings would not sit in the 8 foot grade, but rather the parking lot. He stated that he had discussed the grading issue with Staff last year, noting that the maximum 8% grade would be difficult to meet from a design perspective. He noted that Staff had agreed. He further explained that the entitlements tie his firm to the original plan due to the fact that the client purchased the property and plan from them. He stated that the constraints of the 41, Town would require the project to be of lesser quality. 12/19/07 Minutes, Town Council Regular Session 10 Staff reported that the exhibit showed the cut area as in excess of 6 feet. p Planningand Zoning Director Sarah More stated that she advised, at the neighborhood meeting,hborhood meetin , that the site be proposed for a grading exception at the recommendation of Staff. She noted that it was in the best interest of the community to make the exception. Ms. More explained Staff's recommendations for conditions of approval: • Development height shall be measured from the lowest finished grade p gcent to each structure and maintain a building height maximum of 25 feet. ad'�a • Modifyrip-rap the channel along the east end of the site by designing a minimum of five (20' length minimum) water harvesting/landscaped basins and allowing drainage drains e overflow to be collected and mitigated by short reaches of cascading rip-rap channel. • rovide a dense vegetative buffer from the adjacent properties to the east P and move the east side screen wall to the 30' west edge of the landscaped buffer yard. • ate itionsite occurrences of Buffel grass by Town accepted mitigation M g any measures. • Assess the possibilityof providing a sidewalk on south side of project site as part of off-site improvements. • All cuts exceeding eedin six feet shall be terraced with a minimum of four feet of landscaped area between the successive retaining walls. The applicant agreed to the conditions as proposed. Mr. Crowless noted that there has been discussion between the adjacent property owners (Pulte and Larsen Baker) to connect sidewalks. p Y Mayor Loomis opened the public hearing at 11:08 p.m. Oro Valley resident Jennifer Gillaspie asked for consideration from Council. She stated that she met with the designer to discuss placing the mechanical equipment on the ground rather than on the roof and to lower the building height to 21' instead of 25'. She also requested that the maximum number of tall trees to bep lanted in the buffer area to hide the wall as much as possible. Oro Valleyresident Jeff Jones asked Council to view this situation on its own merit rather than with regard for developers. Oro Valleyresident Chuck Finders stated that he would like to see the buildings possible.as as much He noted that he would like the vegetation to be maximized to block the view of the wall and for the vegetation to be maintained and/or replaced when necessary. Oro Valleyresident Jill Jones stated that she no longer opposed the de p p velo ment. She expressed her appreciation for the developer, s time and 12/19/07 Minutes, Town Council Regular Session 11 attention to her concerns and that she would be comfortable with the grading waiver. Oro Valley resident Roel Krabbendam stated that he would like the agreement with developer formalized. He also noted that he wanted the lighting to be shielded and visible only from Oracle Road. Developer George Larsen of Larsen Baker thanked the neighbors for their cooperation. He stated that he could accommodate the conditions such as placing the air conditioning unit on the ground, lower the building height and additional vegetative screening. Mayor Loomis closed the public hearing at 11:18 p.m. Council Member Parish expressed his appreciation to the homeowners and the developer for their cooperative approach. MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Dankwerth to approve with conditions OV12-02-11C, applicant's request for approval of a grading exception for Palisades at Oro Valley with the following changes: Exhibit "A", modify no. 1 to read that the development building height on the rear of the southeast building shall not exceed 21', including the parapet, and the front parapet wall should not be visible from the Gillaspie residence. The height should be measured from the lowest grade of each structure. The 21' applies only to the rear of the southeast building. Add Condition no. 7 - The landscape and architectural plans shall be brought to Town Council for review and possible action. Add Condition no. 8 - Non-reflective colored roof; Condition no. 9 - Enhanced landscaping in strategic areas; Condition no. 10 - Positioning and screening of roof-top mechanical equipment on south building; Condition no. 11 - Avoid excessive slopes in parking lot; Condition no. 12 - Shielded lighting - lighting should only be viewed from Oracle Road. Modify Condition no. 3 to read, "Provide and maintain a dense vegetative buffer..." Modify Condition no. 5 to read, "Provide sidewalks on the south side of the project site as part of an offsite improvement unless found to be not practical by the Town Engineer. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 11:28 p.m. The meeting resumed at 11:34 p.m. 6. PUBLIC HEARING - ORDINANCE NO. (0)07- 43 AMENDING CHAPTER 25, USE REGULATIONS, SECTION 25.1G, CONVENIENCE USES, OF THE ORO VALLEY ZONING CODE REVISED TO ALLOW PAINT SPRAYING AND BODY WORK AS A CONDITIONAL USE; REPEALING ALL RESOLUTION, ORDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS 12/19/07 Minutes, Town Council Regular Session 12 THAT HAVE ALREADY BEGUN THEREUNDER Explanation: Martacella Holding CompanyLLC, represented Com by 911 Collision Centers, requests a of text amendment to revise Section approval a i c of the Oro ValleyZoning Code to permit paint spraying 25.1G.3b. ( ) and body work. Planning and Zoning Director Sarah More introduced the item and noted that this q was not a site-specific request. She informed the Council that it would amend the Town Code Town-wide. She stated that the Planning and Zoning Commission unanimously recommended adoption of this ordinance and that Staff concurred. Mayor Loomis openedpublichearing the at 11:38 p.m. There being no speakers, he closed the public hearing. Discussion clarified that text amendments for the Town Code required that Homeowners Associations throughout the Town and landowners within the affected zone be notified. Ms. More stated that there were no responses to notification on this issue. was made byCouncil Member Gillaspie and seconded by MOTION: A motion pp Council Member Abbott to approve Ordinance (0)07-43 with the text amendment restricted only to C-2. Mayor Loomis clarified that Mercado Del Rio complex was zoned C-2. MOTION carried, 7-0. 7. PUBLIC HEARING - RESOLUTION NO. (R)07-141 OV8-07-04 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO 911 COLLISION CENTER FOR AN AUTO COLLISION AND PAINT FACILITY, LOCATED WITHIN LOT 12 OF MERCADO DEL RIO COMMERCIAL SUBDIVISION OFF PUSCH VIEW LANE, DIRECTLY WEST OF ORACLE ROAD Explanation: Martacella Holding Company LLC., represented by911 Collision Centers, requests approval of a conditionaluse permit ermit for an auto body shop and paint facility. Planning and Zoning Director Sarah More stated that the Planning and Zoning Commission voted approve unanimouslyto a rove the Conditional Use Permit (CUP). She noted that Staff also recommended approval. • motion was made byCouncil Member Parish and seconded by MOTION: A Council Member Kunisch to approve Resolution (R) 07-141, Applicant's request for a Conditional Use Permit for an auto body and paint shop within lot 12 of Mercado Del Rio, with the conditions in Exhibit A. 1) No outdoor storage of within the parkinglot area. All vehicles must be stored vehicles is permitted within the designated vehicular bays after hours. 2) All auto body repair and spraying related activities must be limited to inside the designated spraying . 12/19/07 Minutes, Town Council Regular Session 13 booths or internal building areas. The CUP for the automotive use of paint and auto body repair shall only become effective when the applicant takes exclusive possession of the applicable site through either ownership or lease. MOTION carried, 7-0. 8. PUBLIC HEARING - RESOLUTION NO. (R)07- 142 OV8-07-07 REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO CARSTAR COLLISION CENTER FOR AN AUTO COLLISION AND PAINT FACILITY, LOCATED WITHIN LOT 12 OF MERCADO DEL RIO COMMERCIAL SUBDIVISION OFF PUSCH VIEW LANE DIRECTLY WEST OF ORACLE ROAD Explanation: Martacella Holding Company LLC., represented by Grossman Automotive Group LTD, requests approval of a conditional use permit for an auto body shop and paint facility. Planning and Zoning Director Sarah More presented the Staff report. She stated that the Planning and Zoning Commission and Staff found the applicant to be compliant with the CUP and recommended approval. Mayor Loomis opened the public hearing at 11:52 p.m. There being no speakers, he closed the public hearing. MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Dankwerth to approve with conditions 0V8-07-07, the applicant's request for a Conditional Use Permit for Carstar auto body and paint shop, located within lot 12 of Mercado Del Rio, with the conditions in Exhibit A. 1) No outdoor storage of vehicles is permitted within the parking lot area. All vehicles must be stored within the designated vehicular bays after hours. 2) All auto body repair and spraying booths or internal building areas. Also the CUP for the automotive use ofaint and auto body repair shall only become effective when the applicant p takes exclusive possession of the applicable site through either ownership or lease. Mayor Loomis directed Staff to investigate whether the CUP should go to the actual operator or to the property owner and return to Council if necessary through the Planning and Zoning Commission. MOTION carried, 7-0. 10. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38- 431.02H) Council Member Abbott requested that the Town Council be provided with copies of the Pima County Intergovernmental Agreement (IGA) regarding Steam Pump 12/19/07 Minutes, Town Council Regular Session 14 Master Plan is brought Ranch at the time when the before Council. Additionally, ClintBolick of the Goldwater Institute requested that Mr. be invited to discuss the cons for the legal constitutional issues surrounding EDA,s. Council Member Carter seconded the requests. Council Member Parish requested Staff to notify Council the length of time allotted to completerequirements landscape after the completion of a subdivision. Mayor Loomis seconded the request. CALL TO AUDIENCE — Mayor Loomis opened the call to the audience. Oro Valley resident John Musolf commented on the new compensation plan for Town employees. He recommendedproductivity that and performance levels be added to the evaluation process. He noted that ergonomic workspaces should be provided to enable productivity. atapp lauded Council for their progress with Sanofi- Oro Valley resident Joe Horn Aventis. ADJOURNMENT MOTION: A motion wasby made Council Member Carter and seconded by Council Member Kunisch to adjourn. MOTION carried, 7-0. The meeting adjourned at 12:02 a.m. Prepared by: Christina Pickering Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the g g minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the dayof 2007. I further certify that the meeting was duly called and held and that a quorum was present. his da of , 2007. Dated t Y 12/19/07 Minutes, Town Council Regular Session 15 Kathryn E. Cuvelier, CMC Town Clerk TOWN OF ORO VALLEY Pagel oft B COUNCIL COMMUNICATION MEETING DATE: January 16, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Amanda Jacobs, Economic Development Specialist SUBJECT: Economic Development Division Monthly Report SUMMARY: Attached is a status report from December 1, 2007—December 31, 2007. ATTACHMENTS: 1. 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CC = O_ N .Q LL 6 6 6 '''d — to (i) -- a s Fo 0 0 4-' s- 0 O o 0 0 0 0 EHaa. >- >- >. EO W >- wii >- E TOWN OF ORO VALLEY Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: January 16, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Amanda Jacobs, Economic Development Specialist SUBJECT: Northern Pima County Chamber of Commerce Quarterly Report: July 1, 2007— September 30,2007 SUMMARY: The 2007/2008 Fiscal Year Financial Participation Agreements (FPA) between the Town of Oro Valley and the Chamber stipulates that a Quarterly Report be compiled by the Chamber and presented to the Council in the month following the end of each calendar quarter. The enclosed report satisfies the FPA requirement for the first quarter of the 2007/2008 Fiscal Year. ATTACHMENTS: 1. Northern Pima County Chamber of Commerce Quarterly Report 2. Resolution No. (R)07-72 giliVd/ anda Jacobs, /nomic Development Specialist rTh 2 4 0 d David Andrews, Town Manager 0/41°dRTNERNPIHACOUNTY CHAMBER' OF COMMERCE November 14, 2007 Amanda Jacobs Town of Oro Valley 11000 N. La Canada Dr, Oro Valley, AZ 85737 Dear Ms. J Enclosed for your review is the Chamber's quarterly progress report for the period ending September 30, 2007. Enclosed is an invoice for your records. Please call me at 297-2191 if you have any questions or comments. Now Best regards, tor OP Jersle ante, President/CEO Northern Pima County Chamber of Commerce New It's Good for Business! t00 West Magee Road, Suite 120 - Tucson,Arizona 85104 - 520/191-2191 phone - 520/142-7960 fax - www.the-chamber.com ....)0,,,..0„,„ _ 6,1 NORTiERN PIMA COUNTY i QUARTERLY PROGRESS REPORT , �� � July 2007 through September 2007 OF COMMERCE Submitted To: The Town of Oro Valley By: Northern Pima County Chamber of Commerce In accordance with Resolution No. (R) 06-47 A. Tourism, Visitors Services and General Information The Chamber has provided tourism, visitor services and information to anyone who has expressed an interest, including town residents and seasonal tourists over the past three months. Below is data on activity that the Chamber has addressed through this quarter. Telephone calls and activity Category Jul'2007 Aug'2007 Sep'2007 Total 1. Member calls for business 120 148 153 421 2. Relocation Packages 55 60 66 181 3. Information sent via fax & email 77 91 125 293 4. Calls for new Membership 36 23 30 89 5. Office visitors 112 140 167 419 6. General, Relocation and Visitor Calls 552 590 536 1,678 1. Member calls for business: These are calls from people who are already members of The Chamber who call for any type of Chamber business including referrals. 2. Relocation Packages: Newcomers Kit for people relocating to the Northerm Pima County area. It includes an area map, demographics of Oro Valley & Northern Pima County, The Guide, attractions, hotels & restaurants. 3. Information Calls: Requests for information other than relocation and visitor kits such as maps, demographics and accommodations. 4. Calls for new Membership: Calls to the Chamber office requesting information for membership with The Chamber of Northerm Pima County. 5. Office visitors: People who visit the Chamber office seeking information. 6. These are calls for a wide variety of information: We provide the information requested or refer the caller to another source where they can be better served. As difficult as it is to believe, summer came and went and the business community is gearing up for the holiday season. I'm pleased to report that the Chamber of Commerce has received positive news from its member businesses and how they did during the summer months. As our community continues to grow, the summer slump is less severe with each passing year. We are also seeing more new businesses open their doors during the summer which five years ago may have been a death wish, especially for retailers. The Chamber of Commerce had a very productive summer as its networking events were well attended by members of the business community and membership continued to grow. In August the Chamber hosted its Annual Meeting and Installation Breakfast and introduced the new leadership of the organization which I am please to share with you. The Chamber welcomed the following business leaders to its Board of Directors: !t's Good for Business' _ . 1 ZOO West Magee Road,Suite 120 - Tucson,Arizona $5104 - 520/291-2191 phone - 5101141-1960 fax - www.the-chamber.com 0 r • Tom Thaller, Regional V.P. for M&I Bank • Regina Harmon, GM of the Foothills Mall • Dr. Sylvia Lee, Campus President for Pima Community College NW Campus • JR Johnson, Senior Sales Associate for Qwest During the Annual Meeting the Chamber also announced the following directors who will serve a one year term on the Chamber's Executive Committee: • Chairman: Paul Kappelman, Northwest Medical Center • Chairman: Elect- Dave Allen, Wealth Management Partners • Treasurer: Gregg Forszt, Ventana Medical Systems • Secretary: Jeremy Wisot, Attorney • Immediate Past-Chair: Jeff Jones, Interior Expressions Design Showroom Perhaps the highlight of the summer was the return of the Governor's Rural Economic Development Conference that took place in mid-August at the Hilton El Conquistador. This state-wide conference returned by popular demand and once again allowed Oro Valley to shine and be recognized as a community of excellence. The Chamber appreciates having been invited to take part and play a small role in the planning of the opening night's reception that was a huge success. B. Special & Community Events HEALTHCARE FORUM- The Chamber's Health & Community Resource Committee hosted its quarterly healthcare forum on July 18th and the topic was "Navigating the Healthcare Systems." The forum was designed to educate the community about the options and resources available to them once they leave the hospital setting. It also provided an opportunity for them to ask questions of the people who work in that system every day because it can often be confusing to patients and families not familiar with navigating that system. STATE OF THE TOWN OF ORO VALLEY-The Chamber was pleased to once again host the State of the Town of Oro Valley and welcome the 600 guests who attended. Post event feedback was excellent, many participants who attended in previous years called this year's event the best. The Chamber wishes to thank the Hilton El Conquistador for everything they did to insure its success and recognizing it as one of the most important community events that they host in a given year. C. Networking Events The Chamber continues to host regular monthly events where Oro Valley businesses and guests can gather and network. Two of the three events are hosted in the Town of Oro Valley and the third varies in location while most of the time is hosted in the town. The following are when these networking events took place and a breakdown in attendance for the previous three months: 1. The Monthly Membership Luncheon is held the second Thursday of each month at the Oro Valley Country Club. Attendance for each event was: o July 12th Luncheon: 80 attendees o August 10th Luncheon: 87 attendees o September 13th Luncheon: 90 attendees 2. The Monthly Chamber Contacts Unlimited Mixer is held the third Tuesday of every month and NomP the location varies. Attendance was as follows: 2 o July 17th Mixer: 37 attendees o August 21st Mixer: 52 attendees o September 18th Mixer: 45 attendees 3. TheMembership MonthlyBreakfasts is held the last Thursday of every month at the El Conquistador Golf&Tennis Resort. Attendance was as follows: o July 26th breakfast: 115 attendees o August 30th breakfast: 131 attendees o September 27th Breakfast: 110 attendees D. Ribbon Cuttings & Grand Openings The Chamber Ambassadors are pleased to continue to offer ribbon-cutting ceremonies to new businesses. The Chamber hosted the following ribbon cuttings during the last quarter: 1. September 6th— Heartfelt Senior Healthcare at 11115 N. La Canada Rd., Suite 251 E. Summary p We trust that this report and its contents continue to provide specific data and information on the Chamber's activities and progress per its agreement with the Town. As always, we would welcome p 9 questions, comments and suggested changes or additions to this report to insure its relevance. The Chamber appreciates the Town's continued support and looks forward to continuing to serve the town, its residents and visitors in our current capacity. 3 • .r RESOLUTION NO. (R) 07 - 72 • A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE CHAMBER SERVING NORTHERN PIMA COUNTY AND THE TOWN OF ORO VALLEY WHEREAS, it has been determined that the activities of the Chamber Serving Northern Pima County ("Chamber") are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially particiate in the promotion of the activities of the Chamber is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to continue to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, the Town benefits directly from the Chamber's providing tourism and visitor's service, business recruitment, retention and outreach and special events calendaring; and "` WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to provide funding to the Chamber as set forth herein; and WHEREAS, the Town and the Chamber desire to continue a general framework for cooperative efforts, especially the general procedures by which the Chamber will assist and carry out residential relocation, tourism promotion, business retention and business recruitment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Financial Participation Agreement between the Chamber and the Town of Oro Valley (attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 20TH day of JUNE , 2007. TOWN OF ORO VALLEY low Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: 1/4A - Kathryn E. Cuvelier, Town ierk M inda Garrih. Town Attorney Date: 5 c Z`1 Date: % TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT THE CHAMBER SERVING NORTHERN PIMA COUNTY THIS AGREEMENT, made and entered into this 20th day of June , 2007, by and between the Town of Oro Valley, an Arizona municipal corporation, hereinafter called the "Town" and The Chamber Serving Northern Pima County, an Arizona non- profit corporation hereinafter called "the Chamber." NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Scope of Services to be Performed by the Chamber. A. Tourism and Visitors Services. 1. The Chamber will provide tourism and visitor's services and information to Town residents and seasonal tourists and anyone indicating an interest in locating a business or residence in the Town. Services rendered may be in the form of telephone or webpage inquiries, requests for information by mail or walk-in customers. Services shall be rendered in a courteous and professional manner. 2. It is understood by the Town and the Chamber that the Metropolitan Tucson Convention and Visitors Bureau is the primary agency providing tourism enhancement services to the Town. It is the intent of this Agreement for the Chamber to augment those tourism and visitors services. B. Business Recruitment, Retention and Outreach. The Chamber will coordinate the implementation of a "Business Outreach Program" that will provide a number of opportunities to strengthen networks among area businesses and local government. The Chamber will initiate these contacts each month with area business owners. These meetings will take place on a regular basis and will address issues that affect local business, help establish relationships between local businesses and provide an outlet for topical discussions. The focus of this effort will be non-retail employers. C. The Chamber shall work to assist the Town in emphasizing the importance of supporting local retailers/businesses through educational and promotional efforts, such as the Oro Valley Business Navigator. D. Special Events Calendaring. The Chamber and the Town will work closely together and reciprocate timely and cooperative communications with each other regarding special events that promote the Town such as ribbon cutting/grand opening ceremonies for local Town businesses. The Chamber will be designated as the lead agency with regard to the ribbon cutting/grand opening ceremonies. The Chamber will maintain a Master Calendar to promote coordination and I' mitigate the possibility of calendaring conflicts for said special events. E. Annual Chamber membership dues to be paid by the Town shall be included as part of the monetary consideration of this Agreement. Section 1.2 Responsibility for Open Records. The Chamber agrees to make open to the public all records relating to any funds directly received from the Town, Pima County and any other municipal / government funding sources that the Chamber distributes to other organizations or individuals. Section 1.3 Evaluation Criteria and Reporting. A. The Chamber agrees to submit to the Town, by the 10th working day after the close of the calendar quarter, reports addressing the progress of the Chamber in achieving its scope of services as outlined in Section 1.1 of this Agreement. In order to assess the impact of the Chamber, the Town, through its designated representative, reserves the right to evaluate performance, and the Chamber will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. B. Progress reports shall address but are not limited to the number of inquiries for relocation, inquiries for tourism information, number of information packets sent pursuant to inquiries and, with regard to business recruitment and retention, the number of leads, prospects and site visits. Section 1.4 Accountability. A. The Chamber shall maintain a true and accurate accounting system which meets acceptable accounting practices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts of the Chamber. B. The Chamber shall implement an accounting system which will comply with the generally accepted auditing principles and with the provisions of the AICPA audit guide for nonprofit corporations. C. The Chamber shall provide the Finance Department of the Town, within three months after the close of the Chamber's fiscal year with: 1. An annual accounting, or 2. A copy of an outside audit of the Chamber for the time period approximating the period of the Town Agreement, together with any Chamber response to audit findings. At any time during, and up to a period of five (5) years after completion of this Agreement, the Finance Department of the Town or designated Town agent will .a • • be given access to the audit records of the Chamber for the Town's internal audits. Section 1.5 Term of Agreement. This Agreement between parties as described above shall be effective from July 1, 2007 through June 30, 2008. Section 1.6 Termination. This Agreement may be terminated at any time by mutual written consent, or by either party giving thirty (30) days written notice to the other party, or at such time, as in the opinion of the Town, the Chamber fails to perform its obligations. ARTICLE 2 FUNDING Section 2.1 Payment. A. It is the intent of the Town that the Chamber receives from the Town an amount of$27,500.00 for the period July 1, 2007 through June 30, 2008. Funding shall be paid in equal installments by the 20th day of the 9th month and the 10th day of the 1st, 4th, and 10th months of the Agreement upon receipt of a written request for payment from the Chamber. B. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: 1. Services were not rendered. 2. The Chamber failed to supply information or reports after reasonable requests. 3. The Chamber is not in compliance with agreed upon disbursement documentation and/or other project performance. 4. Any deficiency in performance, as described above, shall be outlined in detail to the Chamber at least thirty (30) days prior to the withholding of payments under the Agreement. The Chamber shall, within twenty (20) days of receipt of such correspondence, respond to the concerns outlined in the Town's correspondence. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. C. The Chamber shall actively solicit memberships as well as financial participation by Pima County and other incorporated cities and towns who benefit from the 1 i services provided by the Chamber. ARTICLE 3 MISCELLANEOUS TERMS AND CONDITIONS Section 3.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Chamber agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively, from any and all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting from personal injury (including bodily injury and death) to any person, including employees of the Chamber or any subcontractor employed by the Chamber, or damages to any property or any other losses, claims, suits, demands, and/or expenses arising or alleged to have arisen out of this Agreement or the work to be performed hereunder, except any such injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. 1. The Chamber shall obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Chamber will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit a. products and $100,000 Property Damage completed operations Section 3.2 Conflict of Interest. The Chamber agrees that the provisions of A.R.S. Title 38, Article 8, "Conflict of Interest of Officers and Employers", apply to all the .. 1 f a r transactions of the Chamber. Section 3.3 Purchasing. In purchasing contracts for goods and services, the Chamber agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by the Chamber in the selection of said goods and services. Section 3.4 Independent Contractor. The parties stipulate and agree that Chamber is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of the Chamber herein. Section 3.5 The Chamber shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, the Americans with Disabilities Act, and shall indemnify and hold harmless the Town for any liability arising from failure of the Chamber to comply with said acts. Said indemnification to include the costs of suit. Section 3.6 Agreement Amendments. By mutual consent of both the Town and the Chamber, this Agreement may be re-opened for renegotiation of and/or the addition/deletion of amendments. Any request for renegotiation shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within thirty (30) days of the receipt of the request. Any change to this Agreement will be approved by Mayor and Council and the Board of Directors of The Chamber. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. THE CHAMBER SERVING NORTHERN PIMA COUNTY diti, 1r1. Signa"Trreigir I /4 5/Oill'Ul/6"79 Title f State of Arizona ����--� __ �..... Y (,;7,7i..„, tFFibIAL SEAL ! ,r,, Roxana G.Garrity '§ (:t(ss. � Notar�r Public-Arizona - lima County Countyof Pima 0 �s s ' , "• c, ) �, .�+ ��_ Commission Ex area s 1 1 -.,,,, .:.rt ✓ r avc._& `'.f.�,,,-.✓_-,._�1./.1.JJ, r '�' cfia of 2007, `�� On this y -. 0--\A-0,)L0 , known to m to be the person whose name is subscri ed to the within instrument, personally appeared before me and acknowledged that he/she executed the same for the purposes contained. Given under myhand and seal on /3-A-,)_ r) Lk , 2007. ------cl,r\-,,._ - —0,-, -)io-,\A, ,,,L_____ Notary My Commission Expires: \m i \ -oo 9 TOWN OF ORO VALLEY, an Arizona municipal corporation f ___,,,,,,,,_____,;_-:, -,-.7,7;______________i Paul H. Loomis, Mayor ATTEST: (--- ec,3..,%r\o...A.,JA r _, Kathryn E. Cuvelier, Town Cler APPROVED AS TO FOrti: / - .. 7r i.,X , e r 4- Mlinda Garrah. , To Attorney 6,/ ,/ , Date: (-( ., ?,---3/ .--i' 7- TOWN OF ORO VALLEY )UNCIL COMMUNICATION MEETING DATE: January 16, 2008 I 111" TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Extension of term for Mr. Tom Vetrano, member of the Municipal Property Corporation Board of Directors SUMMARY: Mr. Vetrano's term on the Municipal Property Corporation al Pro ert Cor oration has expired. We have been advertising for however, to date, no applications Vetrano's vacated seat, have been received. In the event that something comes before theMunicipalProperty Corporation,Pro ert Cor oration, the MPC would not be able to address the issue due to lack of a quorum. Therefore, Mr. Vetrano has agreed to serve on the MPC until a new member is appointed. SUGGESTED MOTION: I move to extend Mr. Tom Vetrano's term on the Municipal p Property p y Cor poration to June 30, 2008 or I m ove to . . . (7,,/ Kath n Cuvelier Town Clerk David Andrews Town Manager _ a TOWN OF ORO VALLEY REGULAR SESSION COUNCIL COMMUNICATION MEETING DATE: JANUARY 16, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Brian P. Garrity, Procurement Administrator SUBJECT: Resolution (R) 08- of Declaring that proposed document entitled "Procurement", at Section 3-4 of the Oro Valley Town Code, a public record. BACKGROUND: The Town of Oro Valley's Procurement Code was originally adopted in 1989 and last updated in 2000. Since that update, changes in business practices and the economic climate as well as modifications to Arizona Revised Statutes relating to procurement by political subdivisions, make revising the Code necessary. The new code will provide a framework by which we can more effectively serve Town Departments and the local business community by enhancing the efficiency and effectiveness of the Town's procurement function. SUMMARY: The Procurement Administrator has written a new Code modeled after the American Bar Association's Model Procurement Code for State and Local Governments. The intent of the code is to: • simplify, clarify, and modernize the law governing procurement by the Town; • provide for increased public confidence; • ensure the fair and equitable treatment of all persons; • maximize to the fullest extent practicable the purchasing value of public funds. Input was requested and received from the Mayor and Council and Town Departments on the new Code. In addition, a copy of the new Code along with a PowerPoint presentation was sent to the following local stakeholders' groups: • American Council of Engineering Companies • Arizona Builders Alliance • Northern Pima County Chamber of Commerce • Tucson Utility Contractors Association Input was requested from these groups along with an invitation to make a presentation on the \roposed Code changes to their membership. No responses or input was received. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 In order to approve an ordinance adopting the new Town Procurement Code, a resolution declaring the Code a public record is required. The ordinance for adoption will be placed on the February 20, 2008 Regular Session agenda. ATTACHMENTS: 1. Resolution (R) 08-01 2. Proposed Procurement Code RECOMMENDATION It is recommended that Mayor and Council adopt Resolution (R) 08- of Declaring that proposed document entitled "Procurement", at Section 3-4 of the Oro Valley Town Code, a public record. SUGGESTED MOTION I move to adopt Resolution (R) 08- of. `-})C4'N :r.4 Brian P. Garrity, P.M. CP Procurement Adm�tor ~s2LriZ_s, CPA Finance ctor 0,44A<1 David Andrews Town Manager RESOLUTION NO. (R) 08- 01 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THE PROPOSED DOCUMENT AT ARTICLE 3-4 OF THE ORO VALLEY TOWN CODE ENTITLED "PROCUREMENT", ATTACHED HERETO AS EXHIBIT "A" AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF TIE TOWN OF ORO VALLEY, ARIZONA, that thep roposed document at Article 3-4 of the Oro Valley Town Code entitled "Procurement", three copies of which are on file in the office of the Town Clerk, is herebydeclared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 16TH day of JANUARY , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date: APPROVED AS TO FORM: Tobin Rosen, Town Attorney Date: \\Legal\sharefiles\Finance\Procurement\Procurement Code\Resolution Public Record.doc Town of Oro Valley Attorney's Office/ca/010408 EXHIBIT "A" Article 3-4 Procurement Sections: 3-4-1 General Provisions 3-4-2 Procurement Organization 3-4-3 Source Selection and Contract Formation 3-4-4 Specifications 3-4-5 Procurement of Professional Design Services, Construction and Construction Services 3-4-6 Contract Terms and Conditions 3-4-7 Cost Principles 3-4-8 Materials Management 3-4-9 Legal and Contractual Remedies 3-4-10 Cooperative Procurement 3-4-1 General Provisions A. Purpose The underlying purposes and policies of Town of Oro Valley Procurement Code are: 1. to simplify, clarify, and modernize the law governing procurement by the Town; 2. to permit the continued development of procurement policies and practices; 3. to provide for increased public confidence in the procedures followed in public procurement; 4. to ensure the fair and equitable treatment of all persons who deal with the procurement system of the Town; 5. to provide increased economy in Town procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the Town; 6. to foster effective broad-based competition within the free enterprise system; 7. to provide safeguards for the maintenance of a procurement system of quality and integrity; and 8. to obtain in a cost-effective and responsive manner the materials, services, and construction required by the Town to serve its citizens and businesses Draft Procurement Code 12/12/2007 page 1 of 31 B. Applicability 1. This Article applies to: a. every expenditure of public monies irrespective of their source, including federal assistance monies except as otherwise provided in this Article, initiated after its effective date; b. the disposal of materials; and c. contracts where there may be no expenditure of public monies but there is an offer of value to the business community. 2. The following are exempt from the provisions of this Article: a. grants or donations awarded by the Mayor and Council; b. if the procurement involves the expenditure of federal assistance or contract monies or is subject to state law, the Town shall comply with federal and state law and authorized regulations which are mandatorily applicable and which may not be reflected in this Article; c. complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement; and d. development agreements, financial participation agreements, or contracts for municipal improvement districts entered into by the Town. C. Definitions The words defined below shall have the meanings set forth below whenever they appear in this Code, unless the context in which they are used clearly requires a different meaning. Business means any corporation, partnership, individual, sole proprietorship, joint stock company,joint venture, or any other private legal entity. Change order means a written document authorized by the Procurement agent which directs the contractor to make changes with or without the consent of the contractor. Construction means the process of building, altering, repairing, improving, or demolishing any public facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public facility, including structures, buildings, or real property. Draft Procurement Code 12/12/2007 page 2 of 31 Contract means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, or construction. Contract amendment or Contract addendum means any written alteration in the terms and conditions of any contract accomplished by mutual action of the parties of the contract. Contractor means any person who has a contract with the Town. Days, unless otherwise specified, means consecutive calendar days and shall be computed pursuant to A.R.S. 1-243. Designee means a duly authorized representative of a person holding a superior position. Disposal of material means sale of surplus property, Oro Valley Police Department unclaimed or seized property or obsolete property not needed by using agencies by public auction, competitive sealed bidding, small purchase procedures or any other appropriate method designated in this Article. Electronic means electrical, digital, magnetic, optical, electromagnetic, or any other similar technology. Grant means the furnishing by the Town of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction; a contract resulting from such an award is not a grant but a procurement contract. Manager means the Town Manager of the Town of Oro Valley, or Designee. May denotes the permissive. Materials means all property, including but not limited to, equipment, supplies, printing, insurance and buildings but does not include land, a permanent interest in land or leases of real property. Minor informality means mistakes, or non judgmental errors, that have negligible effect on price, quantity, quality, delivery, or other contractual terms and the waiver or correction of such mistakes does not prejudice other bidders, offerors or respondents. Person means any corporation, consultant, business, individual, union, committee, club, other organization or group of individuals. Draft Procurement Code 12/12/2007 page 3 of 31 Procurement means buying, purchasing, renting, leasing or otherwise acquiring any materials, services or construction. Procurement also includes all functions thatp ertain to the acquisition of any material, service or construction, including description of requirements, selection and solicitation of sources, preparation, negotiation and award of contract, and all phases of contract administration. Procurement Agent means the person holding the position of Procurement Administrator who is the chief procurement authority for the Town, or designee. Public Notice means the distribution or dissemination of information to interested parties using methods that are reasonably available. Such methods may include publication in a newspaper of general circulation, electronic mailing lists and a website maintained for that purpose. Services means the furnishing of labor, time or effort by a contractor, consultant, subcontractor or subconsultant which does not involve the delivery of a specific end product other than required design documents or reports and performance. Services do not include employment agreements or collective bargaining agreements. The definition of services includes, but is not limited to, consulting, personal, professional, legal counsel, auditing, technical, professional design and construction services. Specification means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery Subcontractor or subconsultant means a person who contracts to perform work or render service to a contractor or consultant as defined by this section or to another subcontractor or subconsultant as a part of a contract with the Town. Town means the Town of Oro Valley, Arizona a municipal corporation. Using agency means any organizational unit of the Town. Written or In Writing means the product of any method for forming characters on paper, or other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. D. Public Access to Procurement Information Procurement information shall be a public record to the extent provided in A.R.S. Title 39 and shall be available to the public as provided in such statute. E. Confidential Information Draft Procurement Code 12/12/2007 page 4 of 31 Confidential information shall be designated as follows: 1. If a person believes that a bid, proposal, offer or specification contains information that should be withheld from public record, a statement advising the Procurement Agent of this fact should accompany the submission and the information shall be so identified wherever it appears. 2. The information identified by the person as confidential may not be disclosed until the Procurement Agent makes a written determination. 3. The Procurement Agent shall review the statement and information and may determine in writing that the information shall be withheld or disclosed. 4. If the Procurement Agent determines to disclose the information, the Procurement Agent shall inform the person in writing of such determination. 3-4-2 Procurement Organization A. Authority 1. The Procurement Agent shall serve as the central procurement and contracting authority for the Town. 2. Consistent with the provisions of this Code, the Procurement Agent may adopt operational procedures governing the procurement of all materials, services and construction procured by the Town and for the disposal of materials. B. Duties Except as otherwise specifically provided in this Code, the Procurement Agent shall, in accordance with regulations: 1. Procure or supervise the procurement of all materials, services and construction needed by the Town. 2. Establish guidelines for the management of all inventories of materials belonging to the Town. 3. Sell, trade or otherwise dispose of surplus materials belonging to the Town. 4. Prepare, issue, revise, maintain, and monitor the use of specifications for materials, services and construction required by the Town. Draft Procurement Code 12/12/2007 page 5 of 31 The Procurement Agent may delegate procurement authority to designees or to any department or official of the Town. The Procurement Agent may determine in writing that noncompliance with any provision of this Article is nonsubstantial and may allow for correction or may waive minor informalities or irregularities. The basis for the decision shall be included in the determination. 3-4-3 Source Selection and Contract Formation A. Definitions In this Chapter unless the context requires otherwise: Best Value means a technique in the competitive sealed bid process which permits the evaluation of objective criteria to determine the best overall value to the Town. Discussions means communication with an offeror, bidder or respondent for the purpose of: 1. eliminating minor irregularities, informalities, or apparent clerical mistakes in the offer or response; 2. clarifying any offer or response to assure full understanding of, and responsiveness to, solicitation requirements; 3. resolving minor variations in contract terms and conditions; or 4. establishing the competency or financial stability of any offeror, bidder or respondent. Invitation for bid means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in this Article. Negotiations means an exchange of information or any form of cooperation during which the offeror or respondent and the Town may alter or otherwise change the conditions,terms, and price, unless prohibited, of the proposed contract. Oro Valley business means a business who legally operates within the Town limits, has a current Oro Valley business license, and pays any applicable local business privilege tax to the Town of Oro Valley. Draft Procurement Code 12/12/2007 page 6 of 31 Request for proposals means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting proposals in accordance with procedures prescribed in this Article. Request for qualifications means all documents, written or electronic, whether attached or incorporated by reference, which are used for soliciting responses from qualified respondents in accordance with this Article. Responsible bidder, offeror, or respondent means a person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Responsive bidder means a person who submits a bid which conforms in all material respects to the invitation for bids. Solicitation means an invitation for bids, a request for technical proposals, a request for proposals, a request for qualifications, a request for quotations, or any other invitation or request by which the Town invites a person to participate in a procurement. B. Methods of Source Selection All Town Procurements shall be made in accordance with one of the source selection methods identified in this Article. 1. Competitive Sealed Bidding. a. Invitation for Bids 1) Competitive sealed bids shall be solicited through an invitation for bids. The invitation for bids shall include specifications and any applicable evaluation criteria. Contractual terms and conditions may be included within the solicitation document or incorporated by reference. 2) A prequalification process may be conducted prior to the issuance of an invitation for bids in order to establish a list of qualified bidders. In the event a prequalification process is used, the Procurement Agent shall only consider bids that are submitted from prequalified bidders. b. Public Notice Notice of the invitation for bids shall be published in a newspaper of general circulation or electronically posted and the invitation for bids shall • be available for public inspection not less than fourteen days prior to the date set forth therein for the opening of bids. A shorter time may be Draft Procurement Code 12/12/2007 page 7 of 31 deemed necessary for a particular procurement as determined by the Procurement Agent. The public notice shall state the place, date, and time of bid opening. c. Late Bids A bid is late if it is received at the location designated in the invitation for bids after the time and date set for bid opening. The Town's clock is the governing clock. A late bid shall be rejected. A late bid shall not be opened except for, if necessary, identification purposes. Such bids may be returned to the bidder. Bidders submitting bids that are rejected as late shall be so notified. d. Bid Opening Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder and the amount of each bid, as well as other relevant information as the Procurement Agent deems appropriate shall be recorded. Unless otherwise determined by the Procurement Agent, this record shall be open to public inspection. Unless otherwise determined by the Procurement Agent, the bids shall not be opened for public inspection until after a contract is awarded. After a notice of intent to award is issued, or in the absence of a notice of intent to award, after final execution of the contract, the bids shall be available for public inspection, except to the extent that the withholding of information is permitted or required by law. If the bidder designates a portion of its bid as confidential, it shall isolate and identify in writing the confidential portions in accordance with this Article. e. Bid Acceptance and Bid Evaluation Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Article. Bids shall be evaluated based on the requirements set forth in the invitations for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that is not set forth in the invitation for bids. f. Correction or Withdrawal of Bids; Cancellation of Awards 1) Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by Draft Procurement Code 12/12/2007 page 8 of 31 written notice received by the Town prior to the time set for bid • opening. 2) Mistakes discovered after bid opening may be modified or withdrawn only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other bid provisions prejudicial to the interest of the Town or fair competition shall be permitted. In lieu of bid correction, a bidder alleging a mistake may be permitted to withdraw its bid if: 3) the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or 4) the bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. 5) All decisions to permit the correction or withdrawal of bids, or to cancel awards based on bid mistakes, shallb supported rted e u bya written pp determination made by the Procurement Agent. g. Contract Award NIP 1) General The contract shall be awarded by appropriate notice to the lowest responsible and responsive bidder whose bid conforms in all material respects to requirements and criteria set forth in the invitation for bids. 2) Contract Award Based on Best Value Contracts may be awarded on best value analysis provided that the criteria for analysis was included in the invitation for bids in accordance with this Article. The contract shall be awarded by appropriate written notice to the responsive, responsible bidder whose bid is determined to be the best value to the Town and that conforms in all material respects to requirements and criteria set forth in the invitation for bids. 3) Consideration of Taxes in Competitive Sealed Bidding In evaluating the bids, except for procurement of construction, and for purposes of determining the low bidder, the Procurement Agent shall not include the amount of applicable business privilege tax. The amount of a city's business privilege tax shall not be included in the Near Draft Procurement Code 12/12/2007 page 9 of 31 evaluation except in those instances in which the award is between an Oro Valley business and an Arizona-based, non-Oro Valley business. In this event, the applicable city business privilege tax shall be included in the non-Oro Valley bidder's price for evaluation purposes only to determine the lowest bidder. 4) Exceeding Available Funds In the event the low responsive and responsible bid for a construction project exceeds available funds and such bid does not exceed such funds by more than five percent, the Procurement agent is authorized, when time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds. 5) Low Tie Bids If there are two or more low responsive bids from responsible bidders that are identical in price and other evaluation criteria and that meet all the requirements and criteria set forth in the invitation for bids, award may be made by random selection in a manner prescribed by the Procurement Agent. 6) Public Record After the Town issues a notice of intent to award, or in the absence of a notice of intent to award upon final contract execution, the bids shall be available for public inspection, except to the extent that the withholding of information is permitted or required by law. If the bidder designates a portion of its bid as confidential, it shall isolate and identify in writing the confidential portions in accordance with this Article. 2. Competitive Sealed Proposals a. Request for Proposals 1) Competitive sealed proposals shall be solicited through a request for proposals. The request for proposals shall include a scope of work and any applicable evaluation criteria. Contractual terms and conditions may be included within the solicitation document or incorporated by reference. 2) A prequalification process may be conducted prior to the issuance of a request for proposals in order to establish a list of qualified offerors. In Draft Procurement Code 12/12/2007 page 10 of 31 the event a prequalification process is used, the Procurement Agent shall only consider proposals that are submitted from prequalified offerors. b. Public Notice Notice of the request for proposals for bids shall be published in a newspaper of general circulation or electronically posted and the request for proposals shall be available for public inspection not less than fourteen days prior to the date set forth therein for the opening of bids. A shorter time may be deemed necessary for a particular procurement as determined by the Procurement Agent. The public notice shall state the place, date, and time of proposal opening. c. Late Proposals A proposal is late if it is received at the location designated in the request for proposals after the time and date set for proposal opening. The Town's clock is the governing clock. A late proposal shall be rejected. A late proposal shall not be opened except for, if necessary, identification purposes. Such proposals may be returned to the bidder. Offerors submitting proposals that are rejected as late shall be so notified. d. Receipt of Proposals Proposals shall not be opened publicly. No proposals shall be handled as to permit disclosure of the contents of any proposal to competing offerors. Proposals shall be open for public inspection after a notice of intent to award is issued, or in the absence of a notice of intent to award, after final execution of the contract, except to the extent that the withholding of information is permitted or required by law. If the offeror designates a portion of its proposal as confidential, it shall isolate and identify in writing the confidential portions in accordance with this Article. e. Evaluation of Proposals The request for proposals shall state the criteria to be used in the evaluation of the proposals and shall include their relative importance. Specific numerical weighting is not required. f. Discussion with Offerors Discussions may be conducted with offerors. g. Negotiations with Offerors and Revisions to Proposals • Draft Procurement Code 12/12/2007 page 11 of 31 Negotiations may be conducted with offerors. Offerors shall be accorded fair and equal treatment in conducting negotiations and there shall be no disclosure of any information derived from proposals submitted by competing offerors. 1) Concurrent Negotiations. Negotiations may be conducted concurrently with offerors for the purpose of determining source selection and/or contract award. 2) Exclusive Negotiations. Exclusive negotiations may be conducted with the offeror whose proposal is determined in the source selection process to be most advantageous to the Town. Exclusive negotiations may be conducted subsequent to concurrent negotiations or may be conducted without requiring previous concurrent negotiations. If exclusive negotiations are conducted and an agreement is not reached, the Town may enter into exclusive negotiations with the next highest ranked offeror without the need to repeat the formal solicitation process. h. Contract Award Contract award shall be made by the Procurement agent to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Town taking into consideration the evaluation criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made. 3. Contracting for Legal Counsel a. Authority For the purpose of procuring the services of legal counsel, as defined by the laws of the state, contracts for the services of legal counsel shall be awarded with the authorization of the Town Attorney and the Town Manager except as otherwise provided by law. b.Conditions for Use Unless determined by the Town Attorney and Town Manager that direct selection is in the best interest of the Town, the services of legal counsel shall be procured in accordance with this Article. 4. Small Purchases Any contract not exceeding the formal solicitation threshold as established under the Arizona Procurement Code may be made by the Procurement Agent in accordance with the small purchase procedures authorized in this Article. Draft Procurement Code 12/12/2007 page 12 of 31 Contract requirements shall not be artificially divided so as to constitute a small purchase under this Article. a. Small Purchases Greater than $2,500 Insofar as it is practical for small purchases in excess of$2,500 but less than the formal solicitation threshold as established under the Arizona Procurement Code, no less than three businesses shall be solicited to submit quotations. Award shall be made to the responsible bidder submitting the quotation, which is most advantageous to the Town and conforms in all material respects to the solicitation. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be maintained as a public record. b. Small Purchases $2,500 or less The Procurement Agent shall adopt operational procedures for making small purchases of$2,500 or less. 5. Sole Source Procurement Notwithstanding any other provisions of this Article, a contract may be awarded without competition when the Procurement Agent determines in writing, after conducting a good faith review of available sources, that there is only one source for the required material, service, or construction item. The using agency requesting a sole source procurement shall provide written evidence to support a sole source determination. The Procurement Agent may require that negotiations are conducted as to price, delivery, and terms. The Procurement agent may require the submission of cost or pricing data in connection with an award under this section. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. 6. Emergency Procurements Notwithstanding any other provisions of this Article, the Procurement Agent may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. An emergency procurement shall be limited to those materials, services, or construction necessary to satisfy the emergency need. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Draft Procurement Code 12/12/2007 page 13 of 31 7. Special Procurements Notwithstanding any other provisions of this Article, the Procurement Agent may make or authorize others to make procurements above the small purchase amount specified in this Article when, due to unusual or special circumstances, it would be in the best interest of the Town to accomplish the procurement without compliance with other methods of source selection contained in this Article. The using agency requesting a special procurement shall provide written evidence to support a special procurement determination. Any special procurement under this Section shall be limited to those materials, services, or construction necessary to satisfy the Town's need and shall be made with sound fiscal discretion. A written determination of the basis for the special procurement and for the selection of the particular contractor shall be maintained as public record. C. Cancellation or Rejection of Solicitations An invitation for bids, a request for proposals, a request for qualifications or other solicitation may be cancelled, or any or all bids, proposals or statements of qualifications may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interest of the Town. The reason for cancellation or rejection shall be made part of the contract file. Notice of cancellation shall be publicly posted. The notice shall identify the solicitation, explain the reason for cancellation, and where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurements of similar items. Reason for rejection shall be provided upon request to the unsuccessful bidder offeror or respondent. D. Responsibility of Bidders, Offerors and Respondents. 1. Findings of Nonresponsibility If a bidder, offeror or respondent who otherwise would have been awarded a contract is found nonresponsible, a written finding of nonresponsibility, setting forth the basis of the finding, shall be prepared by the Procurement Agent or designee. The unreasonable failure of a bidder, offeror or respondent to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a finding of nonresponsibility with respect to such bidder or offeror. The written finding shall be made part of the contract file and be made a public record. Factors to be considered in determining if a prospective contractor is responsible include but are not limited to: Draft Procurement Code 12/12/2007 page 14 of 31 a. The proposed bidder's, offeror's or respondent's financial, physical, personnel or other resources, including subcontracts; b. The proposed bidder's, offeror's or respondent's record of performance and integrity; and c. Whether the proposed bidder, offeror or respondent is qualified legally to contract with the Town. 2. Right of Nondisclosure Confidential information furnished by a bidder, offeror or respondent pursuant to this Section shall not be disclosed by the Town or using agency, without prior written consent by the bidder, offeror or respondent. 3. Bid and Contract Security, Material or Service Contracts The Procurement Agent may require the submission of security to guarantee faithful bid and contract performance. In determining the amount and type of security required for each contract, the Procurement Agent shall consider the nature of the performance and the need for future protection to the Town. The requirement for security must be included in the solicitation. Failure to submit security in the amount and type of security required may result in the rejection of the bid or proposal. E. Types of Contracts Subject to the limitations of this Article, any type of contract which will promote the best interests of this Town may be used. F. Approval of Accounting System The Procurement Agent may require that the proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted cost accounting principles prior to award of a contract. G. Multi-year Contracts Unless otherwise provided by law, a contract for materials, services or construction may be entered into for any period of time deemed to be in the best interest of the Town, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of funds. H. Right to Inspect Draft Procurement Code 12/12/2007 page 15 of 31 The Town may, at reasonable times, inspect the part of the plant or place of business of a contractor, consultant or any subcontractor or subconsultant that is related to the performance of any contract awarded or to be awarded by the Town. I. Right to Audit Records The Town may, at reasonable times and places, audit the books and records of any person who submits cost or pricing data as provided in this Article to the extent that the books and records relate to the cost or pricing data. Any person who is awarded a contract, change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for three years from the date of final payment under the contract, unless otherwise specified in the contract. The Town is entitled to audit the books and records of a contractor, consultant or any subcontractor or subconsultant under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contractor or consultant, and by the subcontractor or subconsultant for a period of three years from the date of final payment under the subcontract, unless otherwise specified in the contract. J. Reporting of Anticompetitive Practices When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Procurement Agent and the Town Attorney. K. Retention of Procurement Records All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Town Clerk. 3-4-4 Specifications A. Maximum Practicable Competition All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the Town's needs and shall not be unduly restrictive. To the extent practicable and unless otherwise permitted by this chapter, all specifications shall describe the Town's requirements in a manner that does not unnecessarily exclude a material, service, or construction item. Draft Procurement Code 12/12/2007 page 16 of 31 Restrictive specifications shall not be used unless such specifications are required and it is not practicable or advantageous to use a less restrictive specification. To the extent practicable, the Town shall use accepted commercial specifications and shall procure standard commercial materials. B. Specifications 1. Specifications Prepared by Other Than Town Personnel The requirements of this Article regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications prepared other than by Town personnel, including, but not limited to, those prepared by architects, engineers, designers, and consultants for public contracts, or subcontractors. No person preparing specifications shall receive any direct or indirect benefit from the utilization of such specifications. 2. Brand Name or Equal Specification A brand name or equal specification may be used to describe the standards of quality, performance, and other characteristics needed to meet the requirements of a solicitation, and which invites offers for equivalent products from a manufacturer. Use of a brand name or equal is not intended to limit or restrict competition. 3. Brand Name Specification A brand name specification may be used to identify the sole acceptable item that meets the Town's needs. The using agency requesting a brand name specification shall provide written evidence to support a brand name determination. A written determination by the Procurement Agent of the basis for the brand name shall be maintained as public record. Past success in the material's performance, traditional purchasing practices, or inconvenience of drawing specifications do not justify the use of a brand name specification. 3-4-5 Procurement of Professional Design Services, Construction and Construction Services A. Definitions In this article, unless the context otherwise requires: Construction means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of Draft Procurement Code 12/12/2007 page 17 of 31 any kind to any public real property. Does not include the routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property. Construction-manager-at-risk means a project delivery method in which: 1. There is a separate contract for design services and a separate contract for construction services. 2. The contract for construction services may be entered into at the same time as the contract for design services or at a later time. 3. Design and construction of the project may be in sequential phases or concurrent phases. 4. Finance services, maintenance services, operations services, preconstruction services and other related services may be included. Construction services means either of the following for construction-manager- at-risk, design-build and job-order-contracting project delivery methods: 1. Construction, excluding services, through the construction-manager-at- risk or job-order-contracting project delivery methods. 2. A combination of construction and, as elected by the Town, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definitions of construction-manager-at-risk, design- build or job-order-contracting in this section. Design-bid-build means a project delivery method in which: 1. There is a sequential award of two separate contracts. 2. The first contract is for design services. 3. The second contract is for construction. 4. Design and construction of the project are in sequential phases. 5. Finance services, maintenance services and operations services are not included. Design-build means a project delivery method in which: 1. There is a single contract for design services and construction services. Draft Procurement Code 12/12/2007 page 18 of 31 takitor 2. Design and construction of the project may be in sequential phases or concurrent phases. 3. Finance services, maintenance services, operations services, preconstruction services and other related services may be included. Finance services means financing for a construction services project. Job-order-contracting means a project delivery method in which: 1. The contract is a requirements contract for indefinite quantities of construction. 2. The construction to be performed is specified in job orders issued during the contract. 3. Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included. Maintenance services means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property. Operations services means routine operation of existing facilities, structures, buildings or real property. Preconstruction services means advice during the design phase. Professional Design Services means architect services, assayer services, engineering services, geologist services, landscape architect services, and land surveying service or any combination of those services that are legally required to be accomplished, reviewed, and approved by professionals registered to practice in the pertaining discipline in the State of Arizona. B. Procurement of Construction Contracts for construction shall be solicited through a competitive sealed bid process except as otherwise provided for in this Article. The Procurement Agent shall award and administer contracts for construction in accordance with the requirements of A.R.S. Title 34 and the Town Procurement Code. C. Procurement of Professional Design Services 'Slaw Draft Procurement Code 12/12/2007 page 19 of 31 Contracts for professional design services shall be solicited through a request for qualifications except as otherwise provided for in this Article. The Procurement Agent shall award and administer contracts for professional design services in accordance with the requirements of A.R.S. Title 34 and the Town Procurement Code. D. Procurement of Construction Services Contracts for construction services shall be solicited through a design-build, construction-manager-at-risk or job-order-contracting selection process utilizing a request for qualifications except as otherwise provided for in this Article. The Procurement Agent shall award and administer contracts for construction services in accordance with the requirements of A.R.S. Title 34 and the Town Procurement Code. E. Construction by Town Employees Any building, structure, addition or alteration may be constructed either with or without the use of the Town's regularly employed personnel without advertising for bids provided that the total cost of the work, excluding materials and equipment previously acquired by bid, does not exceed limits as established in A.R.S. Title 34-201. 3-4-6 Contract Terms and Conditions All Town contracts shall include clauses providing for adjustments in prices, time of performance, termination for default or convenience, liquidated damages as appropriate or other contract provisions as appropriate to define the rights and responsibilities of the parties to the contract. 3-4-7 Cost Principles A. Principles The Procurement Agent shall establish cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs. B. Cost or Pricing Data The submission of current cost or pricing data may be required in connection with any award, change order or contract modification. Draft Procurement Code 12/12/2007 page 20 of 31 3-4-8 Materials Management A. Definitions In this section, unless the context otherwise requires: Property means supplies, materials, goods or fixed assets Surplus property means property no longer needed by using agencies for their operations, property in poor or non-working condition, or property that has become obsolete. Unclaimed, lost and confiscated property means all property used as evidence in the courts and remaining unclaimed after final disposition, property seized by a peace officer as being used unlawfully, and all property coming into the hands of any Town Officer or employee as lost or unclaimed. B. Materials Management Guidelines The Procurement Agent shall establish regulations governing: 1. the sale, lease, or disposal of surplus property 2. the sale or disposition of unclaimed, lost or confiscated property C. Surplus Property Listing Using agencies shall submit to the Procurement Agent, at such time and in such form prescribed, reports showing all supplies and equipment which are no longer used or have become obsolete or worn out. A listing of surplus property shall be maintained and such property shall be transferred between departments and divisions as needed prior to pursuing any disposal method. D. Disposal of Surplus Property The Procurement Agent shall have the authority to dispose of any surplus property which it principally had a right to acquire. If the property cannot be used by any department or division or has become unsuitable for Town use, the procurement agent may pursue any disposal process which benefits the Town to include: 1. Sell the surplus property at public auction, live or electronic. 2. Trade the surplus property for credit against new purchases. Draft Procurement Code 12/12/2007 page 21 of 31 3. Sell the surplus property through the competitive sealed bidding process after proper public notice. 4. Consign surplus property to third parties for sale upon terms advantageous to the Town. Such method may not be used unless, in the opinion of the Procurement Agent, it is the only viable disposal method available. 5. Gift to charity if in the opinion of the Procurement agent the Surplus property cannot otherwise be disposed of using any of the other methods described in this section. E. Surplus Property Proceeds All proceeds from the sale of surplus property, less selling expenses shall be deposited in the appropriate revenue account of the Town. F. Disposition of Unclaimed,Lost or Confiscated Property Unclaimed or lost property excluding knives, firearms, ammunition or other weapons may be transferred to using agencies upon submission of a detailed request from the using agency to the Procurement Agent. Unless otherwise provided for, all remaining unclaimed, lost and confiscated property shall be disposed of in accordance with procedures established in this Article. Proceeds of the auction, less selling expenses if applicable, will be deposited to the Town's General Fund unless otherwise required. G. Town Property Records All surplus property sold at auction, traded, donated, or otherwise disposed of shall be reported to the Finance Department on the required forms for the purpose of updating applicable Town property registries. 3-4-9 Legal and Contractual Remedies A. Definitions Debarment means an action taken by the Procurement Agent under this Article to prohibit a person from participating in Town procurements. Interested party means an actual or prospective bidder, respondent or offeror whose economic interest may be affected substantially and directly by the issuance of a solicitation, the award of a contract or by the failure to award a contract. Whether an economic interest exists will depend upon the circumstances of each case. An interested party does not include a supplier, subconsultant or subcontractor to an actual or prospective bidder, respondent or offeror. Draft Procurement Code 12/12/2007 page 22 of 31 ,,,,r Suspension means an action taken by the Procurement Agent temporarily disqualifying a person from participating in Town procurements. B. Protests 1. Right to Protest Any actual or prospective bidder, offeror, or respondent who is aggrieved in connection with the solicitation or award of a contract may protest to the Town Manager. 2. Authority to Resolve Protests The Manager shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. This authority shall be exercised in accordance with this Article. 3. Filing of a Protest a. Content of Protest The protest shall be in writing and shall include the following information: 1) The name, address, telephone number and email address of the protestant; 2) The signature of the protestant or its representative; 3) Identification of the solicitation or contract number; 4) A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and 5) The form of relief requested. b. Time for Filing Protests 1) A protest with respect to a solicitation shall be submitted in writing prior to the solicitation due date, unless the aggrieved person did not know and should not have known of the facts giving rise to the protest Draft Procurement Code 12/12/2007 page 23 of 31 prior to the solicitation due date. In all cases the protest shall be submitted within ten calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. In no event shall the protest be filed later than 10 days following contract award. 2) The Manager, without waiving the Town's right to dismiss the protest for lack of timeliness, may consider any protest that is not filed timely. 3) The Manager shall give notice of the protest to the successful contractor if award has been made or, if no award has been made, to all interested parties. Interested parties have the right to intervene. 4. Stay of Procurements during the Protest In the event of a timely protest, the Town may proceed further with the solicitation or with the award of the contract unless the Manager makes a written determination that there is a reasonable probability that the protest will be sustained or that the stay of procurement is not contrary to the substantial interests of the Town. 5. Confidential Information Material submitted by a protestant shall not be withheld from any interested party except to the extent that the withholding of information is permitted or required by law or as determined pursuant to this Article. If the protestant believes the protest contains material that should be withheld, a statement advising the Manager of this fact shall accompany the protest submission in accordance with this Article. 6. Dismissal The Manager may dismiss, upon a written determination, a protest if the protest is untimely pursuant to (citation to time for filing protests) or the protest does not contain a statement as to the legal or factual basis for protest. 7. Decision The Manager shall issue a written decision within twenty one days after a protest has been filed in accordance with this Article. The decision shall contain an explanation of the basis of the decision. A copy of the decision shall be mailed or otherwise furnished immediately to the contractor. Draft Procurement Code 12/12/2007 page 24 of 31 If the Manager fails to issue a decision within the time limits set forth this Section,the protestant may proceed as if the Manager had issued an adverse decision. 8. Remedies If the Manager sustains the protest in whole or part and determines that a solicitation, evaluation process, proposed contract award, or contract award does not comply with the Town procurement code, the Manager shall implement an appropriate remedy. In determining an appropriate remedy, the Manager shall consider all the circumstances surrounding the procurement or proposed procurement including, but not limited to: a. the seriousness of the procurement deficiency; b. the degree of prejudice to other interested parties or to the integrity of the procurement process; c. the good faith of the parties; d. costs to the Town; and e. the urgency of the procurement An appropriate remedy may include one or more of the following: a. Reject all bids,proposals or offers; b. Terminate the contract; c. Reissue the solicitation; d. Issue a new solicitation; e. Award a contract consistent with the procurement code; f. Such other relief as is determined necessary to ensure compliance with the Code 9. Finality of Decision Decisions issued in accordance with this Article shall be final and conclusive. C. Contract and Breach of Contract Controversies Draft Procurement Code 12/12/2007 page 25 of 31 1. Applicability This Section applies to controversies between the Town and a contractor and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. 2. Authority to Resolve Claims The Procurement Agent shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve a claim of a contractor as described in this Article. This authority shall be exercised in accordance with this Article. 3. Content of Claim The claim shall be in writing and shall include the following information: a. The name, address, telephone number and email address of the claimant; b. The signature of the claimant or its representative; c. Identification of the contract number; d. A detailed statement of the legal and factual grounds of the claim including copies of relevant documents; and e. The form of relief requested. 4. Procurement Agent's Decision If a contract claim cannot be resolved by mutual agreement, the Procurement Agent shall, upon a written request by the contractor for a final decision, issue a written decision no more than sixty days after the request is filed. Before issuing a final decision, the Procurement Agent shall review the facts pertinent to the contract claim or controversy and secure any necessary assistance from legal, financial,procurement, and other advisors. a. Decision The decision shall include: 1) A description of the claim; 2) A reference to the pertinent contract provision; 3) A statement of the factual areas of agreement or disagreement; and Draft Procurement Code 12/12/2007 page 26 of 31 4) A statement of the Procurement Agent's decision, with supporting rationale A copy of the decision shall be mailed or otherwise furnished immediately to the contractor. If the Procurement Agent fails to issue a decision within the time limits set forth this Section, the protestant may proceed as if the Procurement Agent had issued an adverse decision. 5. Finality of Decision Decisions issued in accordance with this Article shall be final and conclusive. D. Debarment or Suspension 1. Authority The Procurement Agent has the sole authority to debar or suspend a person from participating in Town procurements. 2. Debarment or Suspension Causes The causes for Debarment or Suspension shall be limited to the following: a. Conviction of any person or any affiliate of any person for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction of any person or any affiliate of any person under any statute of the federal government, this state or any other state for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging,perjury, forgery,bribery, falsification or destruction of records, or receiving stolen property; or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a Town contractor and which conviction arises out of or obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. c. Conviction or civil judgment finding a violation by any person or affiliate of any person under state or federal antitrust statutes arising out of the response to a solicitation. Draft Procurement Code 12/12/2007 page 27 of 31 d. Violations of contract provisions within three years of current debarment action, as set forth below, of a character which are reasonably deemed to be so serious as to justify debarment action: 1) Abandonment of a contract without good cause; or 2) Knowingly fails without good cause to perform in accordance with the specifications or within the time limit provided in the contract; 3) Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or 4) Failure to pay a contractor, subcontractor or material provider as required by A.R.S. Section 32-1129. 5) Any other cause that the Procurement Agent reasonably determines to be so serious and compelling as to affect responsibility as a Town contractor, including suspension or debarment of such person or any affiliate of such person by another governmental entity for any cause listed in this Section. 3. Initiation of Debarment Upon receipt of information concerning a possible cause for debarment, the Procurement Agent may investigate the possible cause. If the Procurement Agent has a reasonable basis to believe that a cause for debarment exists, the Procurement Agent may debar a person in accordance with this Article. 4. Period of Debarment The period of time for a debarment shall not exceed three years from the date of the debarment determination. If debarment is based solely upon debarment by another governmental agency, the period of debarment may run concurrently with the period established by that other debarring agency. 5. Notice of Debarment a. If the Procurement Agent implements debarment, the Procurement Agent shall notify the person in writing within seven days of the debarment action. Draft Procurement Code 12/12/2007 page 28 of 31 b. The notice of debarment shall state: 1) The basis for debarment; 2) The period, including dates, of the debarment; 3) That bids, proposals or offers shall not be solicited or accepted from the person and, if received,will not be considered; and 4) That the person may request a meeting with the Procurement Agent to present additional facts pertinent to the case and request reconsideration of the decision to debar. 6. Suspension The Procurement Agent may suspend a person from receiving any award in order to protect the Town's interests. a. Period and Scope of Suspension The period of suspension shall not be more than sixty (60) days unless the Procurement Agent is informed of compelling reasons to extend the period of suspension. b. Notice of Suspension If the Procurement Agent implements suspension, the Procurement Agent shall notify the person in writing within seven days of the suspension action. The person may submit a request to the Procurement Agent for an administrative hearing within fourteen days of issuance of the Procurement Agent's suspension action. If a hearing is granted, it shall be conducted in accordance with this Article. The notice of suspension shall state: 1) The basis for suspension; 2) The period, including dates, of the suspension; 3) That bids or proposals shall not be solicited or accepted from the person and, if received, will not be considered; and 4) That the person may request a meeting with the Procurement Agent to present additional facts pertinent to the case and request reconsideration of the decision to suspend. Draft Procurement Code 12/12/2007 page 29 of 31 5) If a debarred or suspended party requests reconsideration by the Procurement Agent, the Procurement Agent shall issue a decision to reinstate or uphold the prior decision within fourteen days of the meeting. 7. Reinstatement The Procurement Agent may at any time after a final decision on debarment or suspension reinstate a debarred or suspended person or rescind the debarment or suspension upon a determination that the cause upon which the debarment or suspension is based no longer exists. Any debarred or suspended person may request reinstatement by submitting a petition to the Procurement Agent supported by documentary evidence showing that the cause for debarment or suspension no longer exists or has been substantially mitigated. The Procurement Agent may require a hearing on the request for reinstatement. The decision on reinstatement shall be in writing and specify the factors on which it is based. E. Judicial Review of Protests, Claims, Debarments or Suspensions Any final decision of the Procurement Agent of a protest, claim, debarment or suspension under this Article is subject to special action review by any party to the proceeding. Exhaustion of the procedures set forth in this Code shall be a condition precedent to seeking judicial review and the party seeking review shall file the complaint within thirty days of a final decision by the Procurement Agent. F. Exclusive Remedy Notwithstanding any law to the contrary, this Article shall provide the exclusive procedure for asserting a claim or cause of action against this Town arising in relation to any procurement conducted under this Article. 3-4-10 Cooperative Procurement A. Definitions In this Article, unless the context otherwise requires: Draft Procurement Code 12/12/2007 page 30 of 31 Cooperative procurement means procurement conducted by, or on behalf of, more than one public procurement unit. Public Procurement Unit means any state, county, city, town, and any other political subdivision, public authority, educational, health or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services and construction, and any not-for-profit entity. B. Cooperative Procurement Authorized The Town may either participate in, sponsor, conduct or administer a cooperative procurement agreement for the procurement of any materials, services, or construction with one or more public procurement units in accordance with an agreement entered into between the participants. Parties under a cooperative procurement agreement may: 1. Sponsor, conduct or administer a cooperative agreement for the procurement or disposal of any materials, services, or construction. 2. Cooperatively use materials or services. 3. Commonly use or share warehousing facilities, capital equipment and other facilities. 4. Provide personnel, except that the requesting eligible procurement unit may pay the public procurement unit providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement. 5. On request, make available to other eligible public procurement units informational, technical or other services that may assist in improving the efficiency or economy of procurement. The public procurement unit furnishing the informational or technical services has the right to request reimbursement for the reasonable and necessary costs of providing such services. 6. All payments received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit to defray the cost of the cooperative program. The activities described in Paragraphs (1) through (6) do not limit the activities of parties under a cooperative procurement agreement. Draft Procurement Code 12/12/2007 page 31 of 31 TOWN OF ORO VALLEY Page 1 of 2 ',OUNCIL COMMUNICATION MEETING DATE: January 16, 2008 TO: HONORABLE MAYOR& COUNCIL FROM: Robert Jacklitch, Project Manager Oro Valley Water Utility (OVWU) SUBJECT:Resolution No. (R) 08-02 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona Authorizing and Approving a Construction Contract with Falcon Contracting Inc. DBA Falcon Excavating, Inc .in the Amount of$268,620.00 for Construction of the Oracle Road Water Main Relocation. SUMMARY: Per the direction of Mayor and Council through the Capital Outlay Section of the FY 07-08 Enterprise Fund Budget of the Oro Valley Water Utility, plans and specifications were provided for the acceptance of public bids on the following project: Project No. OV21-05-07 Oro Valley Water Utility Oracle Road Water Main Relocation The Arizona Department of Transportation (ADOT) is planning a road improvement project on Oracle Road from Calle Concordia to Tangerine Road. The OVWU is required to relocate existing water mains in the ADOT right-of-way to accommodate the road improvement and to avoid other utility conflicts. This relocation also improves water distribution system efficiency. There are five areas of work: 1. Install a new 8-inch water main - Oracle Road and El Conquistador Way. 2. Cut and plug 12-inch water main—Oracle Road South of Holiday Inn. 3. Install new 12-inch main—Greenock Drive and Oracle Road. 4. Install corrosion test station and valve—La Reserve Drive and Oracle Road. 5. Relocate corrosion test station and valve—Rams Field Pass and Oracle Road. The OVWU�J has worked closely with DMJ vl Harris who is preparing the road plans for ADOT. The project worked closely is designed to OVWU Standards, Tucson Water Standards, Pima County Department of Environmental Quality and the American Water Works Association Standards. Local business will be notified and the OVWU staff will schedule a project meeting to explain the work, the construction schedule and project duration. We will minimize business disruption and communicate and coordinate the work to accommodate their needs. The Public Works Department will issue traffic control permit where work is outside the ADOT right of way. The following bids where received November 30, 2007: __._ _-_ _ - 1- Falcon Contracting Tit. LDA Falcon alcoi Excavating, xcava ing, T IIc. $268,620.00 2. Achen Gardner, Inc. $280,160.73 3. Holl —Wenn $328,105.00 4. Trinity Southwest Contractors, L.L.0 $384,940.00 5. Innova Environmental Engineering, Inc. $399,775.00 ,,,, FISCAL IMPACT: The lowest responsive and responsible bidder is Falcon Contracting Inc. DBA Falcon Excavating, Inc. with a bid of $268,620.00.The engineer's construction estimate is $347,590.00. Due to improved market conditions the low bid is $79,000.00 lower than the engineer's estimate. Funds are available in FY 07-08 Enterprise Fund Budget using water sale revenues. The project is included in the 07-08 capital budget designated as-Oracle Rd. Main Relocation (ADOT). _ TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: January 16, 2008 ATTACHMENTS: EXHIBIT 1 Resolution No. (R) 08 - 02 EXHIBIT 2 Bid Tabulation EXHIBIT 3 Contract EXHIBIT 4 Location Map SUGGESTED MOTION: The Mayor and Council may wish to consider one of the following motions: I move to approve Resolution (R) 08- 02 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona Authorizing and Approving a Construction Contract with Falcon Contracting Inc. DBA Falcon Excavating, Inc. in the Amount of $268,620.00 for Construction of the Oracle Road Water Main Relocation. Or I move to -4.d( Robert Jac Etch, Project Manager Philip C. Saletta, P.E., Water Utility Director li,„ I avid Andrews, Tow Manager ........ EXHIBIT 1 ..1...EY Aiyi 0 F 4 i • ..tov., __ ,4 4:."7,,..,,..,:„ 0:: ,,,,3:1:-., '-'_,0, ,-.1:"7:-.-15k,...t7 . .„,...., _...... - ,—'-'' 4*- 4001 UtilVDEI)A'j Resolution RESOLUTION NO. (R) 08- 02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING A CONSTRUCTION CONTRACT WITH FALCON CONTRACTING INC. DBA FALCON EXCAVATING, INC. IN THE AMOUNT OF $268,620.00 FOR THE ORACLE ROAD WATER MAIN RELOCATION. WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Director of the Town Water Utility Department requested bids for the water main relocation on Oracle Road; and WHEREAS, the lowest responsive and responsible bidder responding to the Town's Notice Inviting Bids for the water main relocation on Oracle Road was Falcon Contracting, Inc. dba Falcon Excavating, Inc.; and WHEREAS, it has been determined that it is in the best interest of the Town to enter into this Contract, attached hereto as Exhibit No. 3 and incorporated herein by this reference, with Falcon Contracting Inc. dba Falcon Excavating, Inc., and that the Mayor and Council of the Town of Oro Valley authorize and approve the contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Contract, attached hereto as Exhibit 3, between the Town of Oro Valley and Falcon Contracting Inc. dba Falcon Excavating, Inc. is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Contract. PSSv tA].1INT" A""P.Tv" by the Mayor and TV VV it Council of the To VVT n of Vlo Valley, Arizona this 16TH day of JANUARY , 20 08 . TOWN OF ORO VALLEY Paul H. T,nnmi s; Mayor ATTEST: APPROVED AS TO FORM: Kathryn Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: C:Documents and Settings tjacklit.ch'.Local Settings.Temporary Internet Files+OLK96`Res-Oracle Water Main Relocation.doc Town of Oro Valley Attorney's Officelca'122407 EXHIBIT 2 LL.E Y �P Q-O=R _ O� 4 .- t y >_ 411: j 14, DEo,\9,1 Bid Tabulation () •� �_ U •U N N 4J �• • CA CA 4J U Li tz: CA Cep Nj .• U C -.., O p O O 7 .• a p O O O '� c� �,.� O ct3 �j p Oc) ( 111 i • E r: .+-L4 . E c:). cizs v) N 00 i-, � U o U -� 00 CTM M N EA EA � � a U ::: c as o '''.......7 ," iik, to © O O gi: al -,t o w O Cl)W U E-� - E.,.., M - •- U = ;,„.1 [.. < g 5iU w -� 4.- W Pz <ct .. c..5 < -: = -.a' ._ • c 'tt c) c24 O w H o O �,., � Q •� �, W U o cz Oa o E U C7 ci w U Z O � a z z z in .. �, U ,i.,---) U M ° u• E 2, kA ct cti .E _ p z .. O C7o U z O U E--+ N .� U H W U N N e74 .r• O • o s-, W © ct < cti r4 � N 4 � � O N � � 0O � N O N ct3 '1• •• X �, C .--, 00 3 L Z 6 N r Z rcoo aMoo 4 .� N �., � � � oN W ? N O �- � z •� � � � -� .� Cin � N , � � � � � � � C7 � wo �, o H O o >CZ � �° ,� � VD WzC7 W o 4 t ZrdU p p O U ct3 < (i) a4 ,-- c ,--, ,,,, H a U N H c4 H EXHIBIT 3 NON,O_EY R/ O O ' '1: *-57: F - 441L14,00: °Ir 4 /4-/AIDED A91 Contract CONTRACT PROJECT NO. OV 21-05-07 TELLS CONTRACT, made -and entered into by and between the Town of Oro -a e �V II y, a municipal corporation(the-"Town")ands.GJ. Jes sop DBA Fa Icon Contracting Inc. (the"Contractor"). The Town and the Contractor for the consideration named agree as follows: SECTION 1. The complete Contract includes all of the Contract Documents as if set forth in full herein. The Contract and all Contract Change Orders issued after the execution of the Contract, Addendum No(s). • l issued prior to the opening of the bids, the Special Provisions, the Project pj t Plans - ), -the:-Standard Plans;-the-Standard-Specifications, the Waterworks-Stand - -Standards, Reference Sp- ecifications the Bidder's Proposal, the'`Notice-I'iting-Bids; -the Non--Collusion. Affidavit; the -Perform ce an Bond, the Payment Bond, the Bidders Bond, and the Surety Bond for the one-year guaranteeperiod, all of which are essential parts of this Contract as defined in Attachment 1. In the event of any conflict in these provisions, the terms of the Contract Documents shall control, 'each-over the other,.in the order providd. • SECTION 2. The Contractor shall furnish all a mate ' ri Is, except as otherwise provided in the Plans or Specifications,and will perform all the work for the PROJECT NO, OV 21-05-07 PROJECT NAME: ORACLE ROAD WATER MAIN RELOCATION necessary to complete in a good, workmanlike and substantial manner thew work in accordance with the Contract Documents for this Project. The Contract documents are specifically call referred to hereof this Contract. p y and made a part SECTION 3. The Town will pay the Contractor the amount of T•wo Hundred S i x t Eight ou s and __ - _ _. .. _ -, L. -. _.. 11. 00 Dollars -- - ($- 268-,-268,620 ) for a base contract subject to change of materials and work orders.r rs. Tb.e Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded bytheTownp subject t to additions and/or reductions of the quantities of the various bid items at the unit prices bid for furnishingall labor and materials and�z for doing all the work contemplated and embraced under this Contract: The Contractor further agrees that: a. The Town will not pay any claim submitted to the Town bythe Contractor outside the Scope of Work of the Contract unless the claim is SUBMITTED IN WRITING to the Town and APPROVED BY TIIETOWN IN WRITING:BEFORE any such work is started. b. The Town will not pay for any cost increases for labor and materials outside the n origi b a1 prices _-_--- as set forth in the Bid Schedule unless S uBMI i-!ED IN WRITTNG WRITINGtothe Town and -.._AGREED:.TO.IN:-- _ ING.by the Town IN ADVANCE.. . -. - — _• c. In the event of unforeseen difficulties or obstructions arisingout of the nature of the work to be performed are _encountered by the Contractor, the contractor SHALLN_O T_ MO VE FORWARD with any additional work until that work is APPROVED IN W4RITING by the To ,'s Project Manager for Project OV-21-05-07. d. The Contractor shall be responsible for all expenses p xp incurred by or in consequence of the suspension and/or discontinuance of work CAUSFT) BV Contractor. • • - a:uoBs,2o3.s\2e5. ID oocsovW'J Sm BID DOCUMaTS REVISED!_7,11-06 ORACLE ROAD.DOC 21 . . . e. The Contactor shall faithfully complete the work in the manner and in accordance with the Contract Documents and the requirements of the Town's Project Manager under them. f. Any additional charges incurred without WRITTEN• CONSENT of the Town shall be considered incidental costs to the Contract with NO COST to the Town. • SECTION 4. TIME IS OF THE ESSENCE for this Contract. The Contractor agrees to commence work pursuant to this Contract within-7 calendar days after the date of authorization specified in the Notice to Proceed and.to diligently prosecute the same, day to day, to compleion within 120 calendar days after the date provided except as adjusted by_subsequent Contract Change Order(s). All additional work, when authorized by executed Change Order(s) shall be compensated for by a fee as mutually agreed:upon by the Town and Contractor. The aggregate total of any Change Order(s) shall not exceed 20% of the original . Contract unless specifically authorized by the Town Council in writing.When a contractor submits a request for a date extension for which work must be completed in a contract, a written Contract Change Order shall be initiated outlining the reason for applying for the extension and the drop dead date the work will be completed. The language"TIME IS OF TIlE ESSENCE"must be written into the Change Order. If the Change Work Order is agreed to and signed by the Town and the Contractor, • it binds the Contractor to complete the work by the extended date designated in the Contract Change Order. The Town can then file suit against the Contractor if the work is not completed by the agreed upon date. If there is more than one extension is agreed to, each extension shall follow the same procedure. SECTION 5. If the work to be performed by Contactor for this Contract is not timely completed, the Contractor shall pay to the Town $430as liquidated damages for each day the work remains incomplete after the scheduled completion date. The scheduled completion date for. determining liability for liquidated damages shall be 120 consecutive days from the effective'date of Town's Notice to Proceed to the Contractor. For the purpose of determining applicability of liquidated damages, completion time shall be extended only completion of the work by the Contractor results from an unforeseeable cause beyond the control and without the fault or negligence of the Contractor per Section 6. -- -SECTION &--Force—Mareure: -Notwitl-is ding-auy othez-term, condition-or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes,material shortages,war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party,the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING BY BOTH PARTIES. • SECTION 7 The Contractor agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, the Town Utility Director and/or his designee, appointed boards and commissions, officials, officers P.r1'1T11(1TTPPC and the TnzTm'� i+-�c,',r�-•,n.�. ..n�---;c1�--, ;�,•X;�,v•a�...71_..._....J __??;-':---�---`� �Y � . a_� ._. ..._ carr ei� lied Y iii all arid�;v1ic,n v Gly f olil all 10SseS, claims, suits; demands, expenses, subrogation, attorney's fees, or actions-of any-kind and nature arising out of the Contractor's negligence or any subcontractor employed by the Contractor (including bodily injury and death) or damages to any property or any other losses, claims, suits, demands, and/or expenses, arising or alleged to have arisen out of the work to be performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section 8 will in no way be construed as limiting the scope of indemnity in this paragraph. O:UOSS200'S'.205.5413ID DOCSIOVWU STD O BID DOCUMENTS REVISED 12-11-05 ORACLE ROAD.Ir._ 22 _ - SECTION 8. The Contractor agrees to obtain Insurance Coverage of the types and amounts as required in the Pima County/City of Tucson Standard Specifications for Public Improvements provements (Standard Specifications) and keep the Insurance Coverage in force until all work has been completed and the completed project has successfully completed its warrantyeriod. The Contractor shall p firn.ish the Town with a Certificate evidencing liability insurance policy orolicies with the minimum um insurance limits as •indicated_ All policies will contain an endorsement,providingthat written notice be given gi ntothel'ownat least thirty(30) calendar days prior to termination, cancellation, or reduction in coverage• r ge in any policy. SECTION 9. The Contractor agrees that any inspection by the Town ve Re resentat' p i, or by other agents or employees of the Town of the work performed are for the purpose of ensuringthe technicalc the work and a � competence of dherence to other contractual provisions. Inspections are not for the purpose of safeguarding workers on the job,which is the sole res�-ons p `' g p ability of the Contractor. • The Contractor warrants that he/she is fully familiar with all the safetyrequirements Occupational re uq n s of the Occupational Safety and Health Act as promulgated by the Federal Government and as implemented p by the State of Arizona,and that he/she will be solely responsible for implementingand enforcingthe same at all times. • SECTION 10. The Contractor agrees to accomplish the work with a minimum of traffic interni ptYon. If it becomes necessary to close any traffic lanes on any street within the Town, erm ass' p ion must first be . obtained from the Town Engineer's Office. Permission shall be requested at least 48 hours urs in advance for residential streets and 72 hours in advance for arterial streets. The Contractor shall furnish and place all detour signs and any other warning signs in accordance with the SPECIAL PROVISIONS. . SECTION 11. Should the Town bringlegal or equitable any g q ble action for the purpose of protecting or enforcing its rights under this Contract, the Town shall recover, in addition to all other relief, its reasonable sonaele - • attorney's fees and court costs to be fixed by the court. -- __SECTION CTION 12.. It is agreedthat the Utility Director or-his/her designee - o- executeContact-is authorizedt - _ ----- ---- Change Order(s) necessary to the prosecution of the work, all in accordance with the Standard Specifications. SECTION 13. The Contractor agrees that he/she will notan roceed with p y extra work unless he/she has been authorized in writing to do so by the Utility Director or his/her designee prior to the commencement o encement of any extra work. SECTION 14. The Parties do for themselves, their heirs, executors, administrators, successors and assipas agree to the ill performance of all the provisions herein contained. Contractor may rot, either voluntarily or by action of law, assign any obligation assumed by-the Contractor without prior rior written consentof-the onsent Town_ SECTION 15. The Contractor shall cause the Performance Bond to remain in full force andeffect through the warranty and guarantee period. By. my signature hereunder, as Contractor, I a gree to keep the Performance Bond or cashier's check in equivalent of the full performance bond in full force p o e and effect _ through said period. The cashier's check shall serve the same purposes and fully cover the r � i merit. of purposes -eq��-�_� .�► QQVOES`OO S\.20.5413ED DOCSIOVNU STD BID DOCUMENTS R_ViS_D 12-11-Os ORACLE ROAD.DOC 2 3 _ a Performance Bond and a Payment Bond_ SECTION 16. By my signature hereunder, as Contractor,I certify that I will comply with all provisions of . the Town of Oro Valley Project No. OV 21-05-07. SECTION.17. By my signature hereunder, as Contractor, I agree that even if only one (1) Progress Payment is prosecuted by the Town of Oro Valley for this Project, the Town will retain ten percent (10%) of the Progress Payment amount. The ten percent(10%)retention will be discharged in accordance with the Standard Specifications. SECTION 18. By my signature hereunder, as Contractor, I agree that I am not an employee of the Town, and at -am perforn mg the duties as an Independent Contractor, supplying my own employees, and maintaining my own insurance and handling all of my own internal accounting. The Town in no way controls,directs or has any direct responsibility for the actions of the Contractor. By my signature hereunder, as Contractor, I agree that I shall be responsible for the compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this Act. This indemnification includes the costs of suit. • By my signature hereunder, as Contractor, I agree that I shall be responsible for compliance with the Americans With Disabilities Act of 1990 and shall indemnify and hold harmless the Town for any liability arising from failure of the Contractor to comply with this act. This indemnification includes the costs,of suit. SECTION 19. By their signatures hereunder, as Contractor and Town, the Parties agree to be bound by all applicable Federal and State regulations governing Equal Opportunity and Non-Discrimination. SECTION 20. Pursuant to the requirements of Arizona Revised Statutes, Title 34, the Town will require both of the following documents to be completed and submitted before the final payment is made and retainage-is-released. ----- ----- _ ----- 1. A certification from the Prime Contractor that a l l bona fide project claims and bills from his/her subcontractors and suppliers have been paid, and that all his/her project claims against the Town . have been resolved (CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS). • . 2. The consent of surety affidavit signed by an authorized representative of the surety(CONSENT SURETY TO FINAL PAYMENT AND FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SE S). • The Town of Oro Valley reserves the right to obtain from the Contractor"satisfactory receipts for all labor and material billed and waivers of liens from any and all persons holding claims against the work". Q_UO3S\200 SS\206.o413ID i7OCS1OWVU STD 3(D DOCUMaiTS REVISED 12-11-05 ORACLE ROAD.DOC 2 4 _- SECTION 21. This is the entire Contract between the parties. If p any portion(s) of this Contract is (are) later found to be invalid or unenforceable, suchon ortis p ( ) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. SECTION 22. This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the state, its political subdivisions or any department of either - p may, within three years after its execution, cancel any contract, without penalty or farther obligation, subdivisions g � made by the state, its political o r any of the departments or agencies of either if anyerson significantly involved initiating, , securing, p in negotiatin g drafting or creating the Contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or any other agent of gparty to the Contract in any capacity or a Contractor to any other party to the Contract with respect t ---- - o the subject matter of the Contract. • • . QUO3S:200'51206.6413ID DOCSiOVWLI STD BID DOCUMEINITS REVISED 12-11-a6 ORACLE.ROA.D.DOC • SECTION 23. THIS CONTRACT SHALL BE VALID UPON EXECUTION BY T. ,PARTIES. TOWN OF ORO VALLEY, a Municipal Corporation • BY: • BY: Mayor Philip-Saletta,Utility Director Town of Oro Valley DATE: DATE: • • APPROVED AS TO FORM: • • BY: Name of Contractor(Company) Town Attorney • BY: • DATE: • . • • . • • BY: • ATTEST: DATE: • Kathryn E. Cuvelier,Town Clerk Town of Oro Valley • SIGNING - INSTRUCTION TO THE CONTRACTOR: ALL SIGNATURES MUST BE NOTARIZED. In the event that the contracting firm is a corporation, the president and the secretary • or the vice-president_ and the secreta _ secretary of the corporation must.sign and the corporate seal must — . • affixed thereto. ._.-__-_..._._.... .. . _.. . .__. ...._ • SUBSCRIBED AND SWORN before me this day of ,20 by , who is known to me or has satisfactorily been . identified as the President, and by _ _ _ __who is known to me or - has satisfactorily been identified as the Secretary, both as duly authorized agents to sign on behalf of to bind and obligate the Contractor. • Notary —iri j% uUJ MIiV11.capi es: • • • • _ ._..�..-_��_.t_-fes.--.-�/�1�i��s__._.:. .. .. .. ..-_ _:.._. 13317�-���STD 315 17���a�l(.S�.-��i.5�ZZ—�1-���G'Z0��� �6 - • • • ._ - • PERFORMANCE BOND (100%of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,the Town of Oro Valley,State of Arizona,has awarded to • as principal,designated as the"Contractor",a"Contract"for the work generally described as follows: PROJECT NO. OV 21-05-07 PROJECT NAME: ORACLE ROAD WATER MAIN RELOCATION ai-d-eontractor is required to-furnish a bond in connection with Contract guaranteeing perfoi mance and this bond shall remain in full force and effect watranty h theand • g guarantee-period of the Contract. NOW THEREFORE, we the undersigned Contractor and Surety, are held and firin�y bound unto the Town of Oro Valley in the sum of• (Dollars) ($ ), to be paid to the Town or its attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, The above Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to, • abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any Y alteration made as provided,-on his/her or their part to be kept and perfouned at the time and in the manner.specified alid in all respects according to their true intent and meaning, and shall indemnify and save harmless the Town of Oro Valley, its officers,employees and agents, as therein stipulated. It shall be and remain in full force and virtue until such time•the project is completed then this obligation shall become null and void. In the event suit is brought upon this bond - - by-the To`vn and judgment is recovered;-the Surety shall pay all costs incurred by the'Town in the suit, including • reasonable attorneys' fees to be fixed by the court. IN WITNESS WHEREOF,we have hereunto set our hands and seals on this day of 20 . . . CONTRACTOR: _ _ ___--.•__--- SURETY: Name: Name: Address: Address: • Tel.No.: Tel.No.: Attorney-in-Fact NO'1E: This bond must be executed bybothparties, and in the case of a corporation, _-- - ---- - _ -- with_corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The attorney-in-fact for the bonding company must be registered in at least one county in the State of Arizona. • - • - - -- -O �;RO;�.��� ^ - - CORPORATE ACKNOWLEDGEMENT(S) STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) On this day of , 20 before me personally appeared to me known,who,being by me duly sworn, did depose and say that he/she reside(s) in Pima County,Arizona and that he/she is the of the , the corporation which executed the Contract; that he/she knows the seal of the corporation; that the seal affixed to the instrument is the corporate seal; that is/was so affixed by order of the Board of Directors of the corporation, and that he/she signed his/her name to the instrument by like order. NOTARY PUBLIC My Commission Expires: STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) • On this day of ,20 before me personally appeared known to me to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of of and acknowledged to me • that he/she subscribed the name of as Surety,and his/her own name as Attorney-in-Fact.. NOTARY PUBLIC My Commission Expires: • • • • • • - 11110) .._..�.�_a.:.............-.w_.._r....«_-..._.. .+...._.•.....r_......_...r_.......a...-.-...r......w...r«-....ar.....w..r._.-...r•.r.+r....r.....•._..._.-........r.....•..-............_._._w .-.,.......-. «__...r........._..-..-._.......«...._....w. __....-r.. ..__ .., .....�• .. rr-rr+�s.R-Rrw�._.�.•..._..r as1s.'e'7'la+r-�. _ --�1���._ _. - - .. ..... __ ... .._ .. .. _ ... . ,1J03S;2®7512u6-64,310 DOCSiOCAhrUA28 STD:BID D DJt i�v i a �R�• 12-11-03 OCLE ROAD-DOC:' _ -: _ = ---.-- _... - _. -. . r. _ • PAYMENT BOND (100%of Total Contract Amount) KNOW ALL PERSONS BY THESE PRESENTS: - WHEREAS,the Town of Oro Valley,State of Arizona,has awarded to ,as principal,hereinafter designated as the"Contractor",a"Contract"for the work generally described as follows: PROJECT NO:OV 21-05-07 PROJECT NAME: ORACLE ROAD WATER MAIN RELOCATION WHEREAS,Contractor is required to furnish a bond in connection with the Contract, to secure the payment of claims of laborers, mechanics-,--material men-•and-other-persons as provided by law. NOW THEREFORE,we the undersigned Contractor and Surety are held and firmly bound unto the Town of Oro Valley in the sum of Dollars,($ )for which payment well and truly to be made,we bind ourselves,our heirs,executors and administrators,successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, If Contractor, his/her or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in, or amount due under the Unemployment Insurance Code with respect to work or labor performed by any • claimant,or any amounts required to be deducted, withheld, and paid over to the Tax Board from the wages of employees of the Contractor and his/her subcontractors,pursuant to the Revenue and Taxation Code,with respect to work and labor,that the Surety or Sureties will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the Town and judgment is recovered,the Surety shall pay all costs incurred by the Town in the suit,including reasonable attorneys'fees to be fixed by the court. This bond shall inure to the benefit of any of the persons named as to give a right of action to such persons or their assigns in any suit --•-- brought upon this bond.- - IN WITNESS WHEREOF,we have hereunto set our hands and seals on this day of 20 CONTRACTOR: SURETY: -----._ _-_- -... . . • Name: Name: Address: Address: • Tel.No.: Tel.No.: By: B y.- B .^ Attorney-in-Fact NO'T'E: This bond must be executed by both parties, and in the case of a corporation, with corporate seal affixed. All signatures must be acknowledged. (Attach acknowledgments.) The Attorney-in-fact for the bonding company must be registered in at Ieast one county in the State of Arizona. Caw - CORPORATE ACKNOWLEDGEMENT(S) • __--•- Q.UO35,200'31205.5.4\3lO DOOSIOVWU STD 3!C OOOUMDREVISED+SIS=D 12-11-0-ORACLE ROAD):163 _ ..._.___ _-. _- - - - - _ STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) • On this day of ,20 before me personally appeared to me known,who,being by me duly sworn,did depose and say that he/she reside(s)in Pima County,Arizona and that he/she is the of the ,the corporation which executed the Contract,that he/she knows the seal of the corporation;that the seal affixed to the instrument is the corporate seal;that is/was so affixed by order of the Board of Directors of the corporation,and that he/she signed his/her name to the instrument by like order. Notary Public My Commission Expires: - - - STATE OF ARIZONA ) )ss: COUNTY OF PIMA ) On this day of 20 before me personally appeared • known to me to be the person whose name is subscribed to this instrument as the Attorney in-Fact of of and acknowledged to me that he/she subscribed the name of as Surety,and his/her own name as Attorney-in-Fact. Notary Public • My Commission Expires: • • CONSENT OF SURETY TO FINAL PAYMENT AND . = -ava3SVOTYS'206.6431D DOC VaVCYU iT7 BID DOr=:IMENtS REVISED-1241;06 ORAL ROAD DO^ . FULL RELEASE OF CONTRACT RETAINAGE OR SUBSTITUTE SECURIDES The undersigned Surety (the "Surety"), having provided the Town of Oro Valley "Town") with a payment bond for the payment of labor and material provided to the Contractor (the "Contractor") in connection with Project No. OV 21-05-07 (the "Project") consents to final payment and full release of all retainage to Contractor held by Town in connection with the Project. Surety further releases Town from all claims, past, present, future, known or unknown which it mayassert or could have asserted against Town as a result of Town's ficial payment and release of the retainage held in connection with the Project. -- This release is only intended to relieve Town of any liability or responsibility in connection with final p tY payment and full release of retainage to the Contractor in connection with the Project and shall in no way be construed to relieve Surety of any obligation under the payment bond issued for the Project. __ IN WITNESS WHEREOF, the Surety has executed this instrument this dayof , - - 20 . SURETY ▪ • W- Authorized Representative '- Title: -.--:-r sdsr-- STATE OF ARIZONA ) 77 4-f;,-7....-:- )CC =z- COUNTY OF PIMA ) ,i- The-foregoing in,Vrusnent was acknowledged-before me-this- day of ,2.0 • ""- by ,on behalf of lv Sr l• �. 1VVl.C•Lly .1.Ltu,xi, = 'My Commission Expires: • u- iii 1...._',...:.-------.r7',7:::: .• • r - QeJOBS'2 3'S.2JS4,30 DO:.S:CV:VU STD B REV DOCUMENTS 'S)12-11-C3 ORA^..1._ROAD DO: - - --- --- -�3� CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS Project No.OV: 21-05-07 Project Name: ORACLE ROAD WATER MAIN RELOCATION To the Town of Oro Valley, Arizona: This is to certify that all lawful claims for materials, rental of equipment and labor used in connection with the construction of the above contract project, whether by subcontractor or claimant in person, have been- duly discharged_ The undersigned, for the consideration of$ , as set out in the final pay estimate, as full and complete payment under the terms of the contract, waives and relinquishes any and all further claims or right of lien under, in connection with, or as a result of the above described contract. The undersigned further agrees to indemnify, defend and save harmless the Town of Oro Valleyagainst any and all liens, claims of liens, suits, actions, damages and expenses whatsoever, which the Town may suffer arising out of the failure of the undersigned to pay for all labor performance and materials furnished for the performance of installation. • Contractor - By: STATE OF ARIZONA ) )ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of ,20 by ,on behalf of Notary Public My Commission Expires: • CxUO�200'S2C�.£-_J DOCS.OV:".rJ SIM BID?J^J;_\�5 2- S�12-1-05 ORACLE �O "_ • 1111 • I . . • ATTACHMENT 1 DEFLTION OF TERMS Addendum Written or graphic instrumentissued (s) in writing, , after advertisement, but prior to the 111 opening of the Bids, which alter, change, clarify, correct, mod' Documents. Y, or re vise the Contract IIBid The offer of the bidder, submitted mitted on the prescribed forms) to perform the Work and/or furnish material(s)and/or furnish labor and/or furnish equipment at the price(s)quoted. Bidder's Proposal: The offer of a bidder,_ on the prescribed form, to perform the work and to furnish the labor - and materials at the prices quoted. I Bidders Bond The security furnished with a bid to - guarantee that the bidder shall enter into the contract if the bid is accepted. - Change Order A written.order, issued and signed gn by the Water Utility Director of his designee to the Contractor, directing addition(s), deletion(s) or revision(s) in the Contract Price(s) or Contract Work, adjustment in Time,said Change Order(s)is/are issued after the execution 1 the Contract,all as incidental to the prosecution of the Work advertised. �, of it_on ..�., ..���L as uu e����u. • • Contract •The written agreement between the Town and the contractor setting forth the obligations of I the parties thereunder including, but not limited to, the performance. furnishing of labor and materials and the basisp of the work, the ofpayment. Liquidated Damages The monetary damages amount that the • parties to the Contract shall be paid to the Town ----- _. --- -.. - by--the- Contractor for each-day the work remains incomplete DamagesP after the scheduled completion date. The Liquidated amount will be set in accordance with Section 108 of the Pima County/City of Tucson Standard Specification (2003 EDITION). s for Public Improvements Non-Collusion Affidavit Certification on behalf of theperson,f rm association . _ or corporation submitting the bid,that such person, firm, association or corporation has not, either directlyor indirectly, into anyagreement, entered participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Notice Inviting Bids The public announcement, as required b q y law,inviting Bids for work to be performed and/or materials to be furnished and/or labor to be furnished and/or equipment ipment to be furnished. - Payment Bond The security provided by the cont-ac o_ sol iy for the protection of claimants supplyin a .labor and materials to the contractor or to subcontractors of the contractor. Performance Bond The security provided by the contractor solely for the protection of the contracting agency and conditioned upon the faithful performance of the contract in accordancewith-- withe plans, specifications and conditions thereof. Project Manager The To designee in direct charge of the L. Project and responsible for the completion of the project according to the provisions of the Contract. '_"-:Q_U-32o�,2GfJ'St206_o-",.3iD D0^ .._... _._---- ---- --- s s'a - - BfD DOCUt,�rNT t Project Plans Specific details and dimensions peculiar to the work which are supplemented by the standard -details insofar as they may apply. Reference Specifications Any specifications referred to in the Contract Documents other than Standard requirements peculiar to an individual project. 1. Special Provisions Additions and revisions to the Standard Specifications covering conditions and Specifications, including, but not limited to: bulletins, standards, rules, methods of analysis or tests, codes, other agency specifications, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the Project or issuing the permit,unless otherwise specifically referred to by edition,volume or date. Standard Plans . The-latest--edition of the CITY OF TUCSON/PIMA• COUNTY STANDARD SPECIFICATIONS FOR.PUB LIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the Departments of Transportation of the • City of Tucson and Pima County as approved for repetitive use, showing details to be utilized where appropriate(2003 EDITION). Standard Specifications The latest edition of the CITY OF TUCSON/PIMA COUNTY STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, including all SUPPLEMENTAL AMENDMENTS, as prepared by a joint effort of the departments.of Transportation of the City of Tucson and Pima County as approved for general application and repetitive use (2003 Edition). Surety Bond Bond in the amount of one hundred percent(l00%)of the amount of the contract. Binds the contractor for the full and complete performance of the contract and for payment of all debts ' pertaining to the work. Waterworks Standards The latest edition of the CITY OF TUCSON WATERWORKS STANDARD __ -- - - SPECIFICATIONS.AND DETAILS,unless modified within the Plans and/or the Standard Notes and Detail Plan Sheet for the Town of Oro Valley Water Utility. • _a�v�--T..*-rt�.•..n�:-..►.:...-c�s s.+•._.•__a-.�_r-s.r_...:.-_-tT�:r.-s._..__._.... -.......:.♦._ _...._.. ......_...-..._.- ........-.-._...._....._..__.......__....__... ...... .._._ __-_•.__.__._......... .. ............ ..-.._... -.. ........_._._ .._..-...._ ...�___.__....... ._._-. - --- . - --- .--_ .,--'----_-QL03512C7S2. .5-1D DOCS10 F.1 STD 310 DO61.11.�TTS R V1SD 1241-03 ORACLE ROAD_DOC_ - - •- . - . . ,. . . 11/29/2007 -08:2a 52622S5829 144.1 Ek UTILITY • PACE 04 . NOV-27-8007 TUE 03l43 Pli FAX No. P. 04/07 - ? • _ . - . b i . . 10KaffilEtti .c'f. • &%-, - November 27,2007 . .,,.._•.,4,, . .t: ,-,,..,,Lf‘g i TOWN OF ORO VALLEY WATER UM' ; , i.....t.-AI BONY\ li WIRTINEZ I PROJECf NAME1 •OracieRoul Water Mak Relocation '• \:-.rvi• 'I 171(0.11er JOB N04 (ji2t4LS-0Z . t. Cenerai . . • Item Na. I.Hugh 3 of this addendum shall be donsiderocl pad of the contraut ciocliinents and will oc . dieiibur.ixl to ail prospective,blelifcrs, All it of cogts avgicitopd with this sadclettdum iAll be included in each contactor's tit prices for the prtject., # .. .. . Rom Nodia • The bid schedule has been revisal, The contractor stall replace bid schedule with the attached revised bid schedule 210(1 kick&the mised bid schedule iz Ms bid. • IkTy_2____,.2. - • - - - ' ' . The temporary bypass lite shown to be itztaled from Station 567+00 to Statim 571+105 stall be NS-F 61 • approved ELDP8 DR-LI with a minimum pipe El of a''. Saki pipalPte alma be 3rintalled with enCFUgh length to allow for appruprizie thermal expansion and thall be disinfected and tested per ADEQ stanclarda pear to use..'lle cast for said installation and canned:ions*Al be consickned incidental to the wit pfiges . . .. provictecl In the bid(r.bedule. S , , . .- - _... . . . _ . 4 . . . I'age 22 of the bid document"shall be replaced with the revised sheet I • ruse.*gigiowitadge receipt by signing below and Inctuding A copy of Mfrs addendum with YOUr . proposa IfOU have any gacttion,pteate contact Robert Acklitch,at(520)229-6016. . . i= . -- - - -- .. - P.c,e4pi4 A ......s., - L•0# . . ' - - • . . , . . . , . . . . . . . : . : . :.„ 3 3.3 ' AZ-thgeittfiAMS-41,40derikin I•e3PC • . . • • . . . . • .-. - - . -.,-::-.. .:"..'1:1,::- ...•.,.--,:,...:',--..;,.,--,--,-1-1-- ---_-...--,--;-.7-,.., - -- - . . - • - - L . - . ....-.... . .. -_. ,... -. •• - . -.--...-. .............-....*..... 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SECTION 7 T-12—S, R-14—E, G&SRM PIMA COUNTY, ARIZONA LEGEND • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 16,2008 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: Resolution No. (R)08-03 A resolution authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and Pima County Recorder for Election Services to be effective February 1, 2008 through completion of all obligations and activities contemplated by this IGA SUMMARY: The attached resolution adopts an Intergovernmental Agreement between the Town and Pima County for providing Election Services with the Pima County Recorder for the Town's March 11th Primary Election and the May 20th General Election. Expenses for the Ballot-By-Mail Elections have been budgeted under Election Services of the General Fund for FY 2007/2008 Budget. Town Attorney Tobin Rosen has reviewed the attached IGA and finds it to be in order. SUGGESTED MOTION: 411111PMOVE to adopt Resolution No. (R)08-03 ATTACHMENTS: 1. Resolution No. (R)08-03 2. Intergovernmental Agreement Cr-ga O,t,pix; Katlifyn Cuvelier, Town Clerk David Andrews, Town Manager RESOLUTION NO. (R) 08-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR ELECTION SERVICES TO BE EFFECTIVE FEBRUARY 1, 2008 THROUGH COMPLETION OF ALL OBLIGATIONS AND ACTIVITIES CONTEMPLATED BY THIS IGA, PROVIDED THAT THE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY LEGAL CHALLENGE TO THE ELECTION WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, Pima County is authorized under Arizona Revised Statutes, Sections 16- 205(C), 16-408(D), 16-450, 11-251(3) and 11-951 et. seq. to perform services for any political subdivision regarding elections; and WHEREAS, the Town of Oro Valley, Arizona is authorized under Arizona Revised Statutes, Title 9, Title 11 and Title 16 to call for elections; and WHEREAS, Pima County and the Town of Oro Valley have determined that the use by the Town of Oro Valley of the services of the Pima County Recorder for the conduct of elections is in the public interest and Pima County has agreed to provide said services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA that: 1. The Intergovernmental Agreement, attached hereto as Exhibit "A", between the Town of Oro Valley, Arizona and Pima County for Election Services is hereby approved. 2. The Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. F:\Clerk\Elections\Election 20)8\Spring Election\IGA Election Services\Res 1GA.doc Town of Oro Valley Attorney's Office/ca/011108 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 16 day of January , 2008. TOWN OF ORO VALLEY ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: F:\Clerk\Elections\Election 2008\Spring Election\IGA Election Services\Res IGA.doe Town of Oro Valley Attorney's Office/ea/011108 RESOLUTION NO. 2008 - RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF ORO VALLEY FOR FLECTION SERVICES TO BE EFFECTIVE FEBRUARY 1,2008 THROUGH COMPLETION OF ALL OBLIGATIONS AND ACTIVITIES CONTEMPLATED BY THIS IGA, PROVIDED THAT THE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY LEGAL CHALLENGE TO THE FT.ECTION. WHEREAS,Pima County is authorized,under Arizona Revised Statutes§§16-205(C),16-408(D), 16-450, 11-251(3), 11-951 et seq., to perform services regarding elections;and WHEREAS,the Town of Oro Valley is allowed under Arizona Revised Statutes,Title 9,Title 11, and Tide 16, to call for Elections; and WHEREAS,the County and the Town of Oro Valley have determined that the use of the services of the Pima County Recorder is in the public interest, and the County agrees to provide said services: NOW,THEREFORE,upon motion duly made, seconded and carried,be it resolved: That Pima County enter into the Intergovernmental Agreement between Pima County and the Town of Oro Valley for Election Services; and That the Chair of the Board of Supervisors be authorized and directed to sign said Intergovernmental Agreement. PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this day of ,2008. PIMA COUNTY BOARD OF SUPERVISORS Chair,Board of Supervisors APPROVED AS TO FORM: A'II'EST: e uty County Attorney Clerk of the Board INTERGOVERNMENTAL AGREEMENT For Election Services Among The Town of Oro Valley and Pima County This Intergovernmental Agreement(IGA)is by and among THE TOWN OF ORO VALLEY OF PIMA COUNTY,ARIZONA,a municipal subdivision of the State of Arizona ("the Town") and PIMA COUNTY, a political subdivision of the State of Arizona ("the County"), on behalf of the PIMA COUNTY RECORDER ("the Recorder"). RECITALS 1. The Town, pursuant to A.R.S. 9-231(A) and 16-409 will prepare for and conduct two All Ballot-by-Mail only elections: a Primary Election to be held on March 11, 2008; and a General Election to be held on May 20, 2008 if necessary for members of its common council. 2. A.R.S. g16-205(C), 16-172,11-251(3), 16-450,and 16-405 et seq.authorize the County to perform services for any political subdivision regarding elections. 3. A.R.S. 516-172 authorizes any political subdivision conducting elections to utilize the County registration rolls upon reimbursement to the Recorder for actual expenses in furnishing voter registration data to the subdivision. 4. A.R.S. §16-408(D) permits the governing body of any election district authorized to conduct an election to contract with the Board of Supervisors and Recorder for election services, with the contracted cost being a charge against the election district. 5. The parties are authorized to enter into an intergovernmental agreement pursuant to A.R.S. §11- 952 et seq. 6. The Town desires to utilize the Pima County registration rolls and other election-related services provided by the Recorder for the Primary Election to be held on March 11, 2008 and a General Election to be held on May 20, 2008 for members of its common council. 7. The Town, the County and the Recorder have determined that it is in the best interest of the public for the Town to use the services of the Recorder in conducting the All Ballot-by-Mail elections called for March 11, 2008 and May 20, 2008. Now, therefore, the parties agree, as follows: 1 AGREEMENT 1. Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Recorder and the Town with respect to the March 11,2008 and May 20,2008 All Ballot-By-Mail elections to e Town of Oro Valley. The All Ballot-By-Mail elections will be held in accordance be held by th with the provisions of A.R.S. 516-558 et seq. 2. Term.The term of this IGA shall be from February 1,2008 through completion of all obligations and activities associated with the March 11, 2008 Primary Election and May 20, 2008 General Election contemplatedby provided this IGA, that the term shall continue through final resolution of any legal challengeAny T to the election. modifications or time extension of this IGA shall be by formal written amendment and executed by the parties. 3. County Recorder Obligations. The County Recorder shall: (1) Mail ballots on February7,2008 for the March 11,2008 Primary Election;and on April 17,2008 for the May20,2008 General Election to all actively registered voters within the m liance with A.R.S. §16-558.01. The Town will pay return postage for allTown in co p ballots. Anyrequired sample ballots and publicity pamphlets provided by the Town voted P of Oro Valley and/or the Pima CountyElections Division prior to January 31, 2008 for / thePrimary March 11, 2008 Election; and prior to April 10, 2008 for the May 20, 2008 General Election will be included in the mailing with each ballot. (2) Provide replacement ballots as required after February 11, 2008 for the March 11, 2008 Election and after April20,2008 General Election until 7:00 21,2008 for the May Primary p.m. on the actual election days,pursuant to the provisions of A.R.S. 516-558.02. (3) Provide sufficient ballots,equipment,materials and training to the Town staff to utilize an online voter computer system to allow the Town Clerk to issue replacement ballots and accept voted ballots at the Town Clerk's office located at 11,000 North La Canada Drive in Oro Valley,Arizona. (4) Provide Deputy CountyRecorders for team early voting when necessary at $50.00 per an request gived the Town notice of each request for team early voting. g (5) Prepare and deliver a single invoice to the Town no later than 21 days after the final election date, containing a detailed breakdown of all Recorder costs for these elections. 4. Town Obligations. Town shall: (1) Notify the Recorder in writing, at least 120 days or at such other time as the parties may agree before any consolidated election date on which the Town wants services pursuant to this IGA, detailing the election-related services pursuant to this IGA. (2) Make all submissions required under Section 5 of the Voting Rights Act to the ent of Justice and provide timely notice to County of any pre-clearances required Departm J under Section 5 of the Voting Rights Act. (3) Prepare and distribute any requisite translation, printing, and mailing of all publicity pamphlets. 2 Intergovernmental Agreement (4) Should the election be challenged or questioned for any reason whatsoever, then the Town shall be solely responsible for defending,legally or otherwise, said elections.This duty shall survive the expiration of the IGA, provided that County shall cooperate with the Town in making relevant information and witnesses available upon reasonable request (5) Within 30 days of the date of each invoice,the Town shall reimburse County,in full, for invoiced costs of election materials, supplies and equipment, and personnel required in direct support of the Town election. (6) Be responsible for the security of all ballots tabulated by officials and vendors other than Pima County's agents or employees and ensure that any functions performed by Town or its outside vendors comply with applicable law and procedures of the Secretary of State. (7) Furnish office space and staff to issue replacements ballots at the Town Offices and to accept voted ballots until 7:00 p.m. on the election days. The Town staff will notify the Recorder prior to delivery of any replacement ballots to any voter. (8) Arrange for and publish any and all notices of this election as required by law. (9) Prepare and timely submit the report required by A.R.S. § 16-409(8). 5. Financing/Payment. Within thirty (30) days of the date of invoice, Town will pay the Pima County Recorder: (1) $1.90 for each ballot mailed. (2) $0.75 for signature checking on each returned ballot. (3) $3.00 for each replacement ballot issued by mail, $1.25 for each replacement ballot issued at a satellite voting location. (4) Special Ballot Inserts: 1 cent per ballot for single page or 5 cents per ballot for multiple pages. Inserts may be no larger than 81/2 inches by 5 inches in size. Larger materials may be used,but must be folded prior to delivery to the Recorder's Office so that the final size does not exceed 81/2 by 5 inches. The Town shall be responsible for any additional postage costs resulting from including a special insert. (5) $50.00 per request for Team Voting. (6) Computer programming as required for additional voter data at$50.00 per hour,one hour minimum. (7) As part of the payment for services rendered for each of the March 11, 2008 Primary Election and the May 20,2008 General Election,the Town agrees to issue two checks to the Recorder, including one in the amount of$20,000.00 made payable to the United States Postmaster to cover some of the postage costs,to be remitted within 30 days of the 3 Intergovernmental Agreement • date of separate invoice. A se arate check for the balance due will be made out to the Pima County Recorder,to be remitted within 30 days of the date of the invoice. Any other costs associated with services provided for the conduct of the Election(s),as set (8) A y forth in Pima County Fee Ordinance 2005-80,which is attached hereto as Exhibit A. paid not Invoices within 30 days of billing date will accrue interest at the rate of 10%per annum. G. Indemnification. The Town shall indemnify, defend, and hold harmless, the County, the officers, employees and agents from and against any and all suits, actions, legal Recorder, their administrative proceedings,claims or demands or damages of any kind or nature arising out of this IGA which are attributed to any action or omission of the Town,its agents,employees,or anyone acting under its direction, control or on its behalf, unless such actions are due solely to the negligence of the Countyor County Recorder. The Town's obligations pursuant to this section shall survive the termination, cancellation or expiration of this IGA. with Laws. The parties shall comply with all federal, state and local laws, rules, 7. Compliance regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. 8. Non-Discrimination.The Town shall not discriminate against any County employee,client or any other individual in anyway because of that person's age, race, creed, color, religion, sex, or national originin the course of carrying out duties pursuant to this IGA. The Town disability shall comply withthe provisions of Executive Order 75-5,as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. With Disabilities Act.The parties shall comply with all applicable provisions of the 9. Americans with Disabilities Act(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Americans federal regulations under the Act,including 28 CFR Parts 35 and 36. 10. Severability.bili . If any provision of this IGA is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the full extent permitted by law. 11. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511,the pertinent provisions of which are incorporated herein by reference. 12. NopproP any Non-Appropriation. Notwithstandingother provision in this IGA, this IGA may be terminated if for anyreason the County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation,neither the County, nor the County Recorder shall have any further obligation to Town. Legal Authority. No party warrants to any other party its legal authority to enter into this IGA. 13. g tY P �' If a court, at the request of a third person, should declare that any party lacks authority to enter 4 Intergovernmental Agreement into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void,and no recovery may be had by any party against the other for lack of performance or otherwise. 14. Worker's Compensation. Each party shall comply with the notice of A.R.S. §23-1022(E). For purposes of A.R.S. §23-1022,each party shall be considered the primary employer of all personnel currently or hereafter employed by that party,irrespective of the operations of protocol in place, and such party shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. 15. No Joint Venture. This IGA is not intended to, and this IGA shall not be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County or Recorder and any Town employees, or between the Town and any County employees. No party shall be liable for any debts,accounts, obligations nor other liabilities whatsoever of any other party,including(without limitation) any other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16. No Third Party Beneficiaries.Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA,or affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. 17. Notice. Any notice required pursuant to this IGA shall be given to: Recorder Town F. Ann Rodriguez Kathryn Cuvelier,Town Clerk County Recorder Town of Oro Valley 115 N. Church Avenue 11000 North La Canada Drive Tucson,AZ 85701 Oro Valley,AZ 85737 (520) 740-4350 (520) 229-4700 Fax: (520) 623-1785 Fax: (520) 297-0428 18. Termination. Either party may terminate this IGA at any time by giving written notice of such termination and specifying the effective date thereof,at least thirty(30) days before the effective date of such termination. In the event of termination,any real or personal property belonging to either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any funds of Town paid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to Town. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5 Intergovernmental Agreement 19. Entire IGA. This document constitutes the entire agreement between the parties pertaining to the matter hereof,and allprior or contemporaneous agreements and understandings,oral or subject . herebysuperseded and merged herein. This IGA shall not be modified, amended, written, are g altered or p through extended except throe h a written amendment signed by the parties and recorded with the Pima County Recorder. IN WITNESS WHEREOF,the parties arties hereby have executed this Agreement on this day of , 2008. PIMA COUNTY BOARD OF TOWN OF ORO VALLEY SUPERVISORS By: By: Mayor Chair ATTEST: ATTEST: By: By: Town Clerk Clerk of the Board of Supervisors APPROVED AS TO CONTENT: By: 1-4\ .c-DR F.Ann Rodriguez,Pima Co R-c• der The foregoing IntergovernmentalAgreement Ar eement between The Town of Oro Valley,Pima County and the Recorder has been reviewedpursuant to A.R.S. g 11-952 by the undersigned,who have Puna County . that it is in the proper form and is within the powers and authority granted under the laws determined p p Arizona to those parties to the Intergovernmental Agreement represented by the of the State of undersigned. Pima County and Pima County Recorder Town of Oro Valley 7 Ey D6puty County Attorney Attorney for the Town of Oro Valley 6 .____, 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 16, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, CMC Town Clerk SUBJECT: ELECTION OF VICE MAYOR SUMMARY: Section 2-1-4 of the Oro Valley Town Code states that "At the first regular meeting in January of each calendar year, the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are only those whose terms will not expire in June of that calendar year." Those eligible for consideration are: Council Member Abbott Council Member Carter Council Member Kunisch ATTACHMENTS: 1 Oro Valley Town Code, Section 2-1-4 Office of Vice Mayor RECOMMENDATIONS: None. SUGGESTED MOTION: Mayor Loomis will open/close nominations. I MOVE to Elect as Vice-Mayor effective January 16, 2008 —December 31, 2008. L'IP:( (ti'64 Kathryn E. Cuvelier, CMC To n Clerk iAnt,? ‘''.'41441''' David Andrews, Town Manager Article 2-1 COUNCIL Page 2 of 3 during the final year of the term being served, no incumbent Council Member may offer their nomination for the office of Mayor. Once an incumbent formally resigns from their duty elected office, the office is declared vacant. Any person desiring to become a candidate for office shall file nomination papers pursuant to ARS 16-311(a) in order to declare candidacy for that office. C. Powers and Duties. The powers and duties of the Mayor shall include the following: 1. The Mayor shall be the Chief Executive Officer of the Town. 2. The Mayor shall be the Chairperson of the Council and preside over its meetings. The Mayor may make and second motions and shall have a voice and vote in all its proceedings. 3. The Mayor shall enforce the provisions of this Code. 4. The Mayor shall execute and authenticate by his/her signature such instruments as the Council or any statutes, ordinances, or this Code shall require. 5. The Mayor shall make such recommendations and suggestions to the Council as is considered proper. 6. The Mayor may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing, or any other natural or man-made calamity or disaster or in the event of threat or occurrence of riot, rout, or affray or other acts of civil disobedience which endanger life or property within the Town. After such declaration of such emergency, the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the Town, including but not limited to: a. Imposition of a curfew in all or any portion of the Town. b. Ordering the closing of any business. c. Closing to public access any public building, street, or other public place. d. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. 7. The Mayor shall perform such other duties required by state statute and this Code as well as those duties required as Chief Executive Officer of the Town. D. Leave of Office. The Mayor shall not leave the office of Mayor, ceasing to discharge the duties of Mayor, for a greater period than fifteen (15) days without the consent of the Council. E. Failure to Sign Documents. If the Mayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand, or other document or instrument requiring his signature for five days consecutively, then three (3) members of the Council may, at any regular or special meeting, authorize the Vice-Mayor or, in his absence a Mayor Pro Tempore, to sign such ordinance, resolution, contract, warrant, demand, or other document or instrument which when so signed shall have the same force and effect as if signed by the Mayor. (01-22, Amended, 09/19/2001) 2-1-4 Office of Vice-Mayor A. Election. At the first regular meeting in January of each calendar year, the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are only those whose terms will not expire in June of that calendar year. B. Term. The Vice-Mayor shall serve at the pleasure of the Council for a term of one (1) years or until a successor is elected. C. Duties. The Vice-Mayor shall be appointed to perform the duties of the Mayor during his absence, pursuant to ARS 9-236. The Vice-Mayor's compensation in this instance shall be increased to match that of the compensation of the Mayor. In the event of a vacancy in the office of Mayor, the Vice-Mayor shall succeed to the office of Mayor until the end of the term to which the Vice-Mayor was elected or the end of the term to which the Mayor was elected, whichever comes first, and then a new Vice-Mayor shall be elected. (03-06, Amended, 02/19/2003; 01-22A, Amended, 09/19/2001; 01-22, Amended, 09/19/2001) 2-1-5 Mayor Pro Tempore In the absence of both the Mayor and the Vice-Mayor, the Council may designate another of its members to serve as Mayor Pro Tempore who shall have all the powers, duties, and responsibilities of the Mayor during such absence. http://www.codepublishing.com/AZ/OroValley/TownCode/orovalley02/orovalley021.html 12/21/2007 3 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JANUARY 16, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING— APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR KYO SUSHI LOCATED AT 10509 N. ORACLE ROAD SUMMARY: An application by Mr. Junting Lei and principal has been submitted for a Series 12 (Restaurant) Liquor License for Kyo Sushii located at 10509 N. Oracle Road. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing November 28, 2007 on the premises of the applicant's property. No protests were received during that time period. Chief of Police Daniel Sharp has conducted a background investigation on the applicants and has no objections 'r) the approval of the Series 12 Liquor License. (Series 12 Liquor License Description: Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food.) ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. Arizona Department of Liquor Licenses and Control Description SUGGESTED MOTION: I move to recommend approval of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Junting Lei and principal at Kyo Sushi located at 10509 N. Oracle Road. *A-1 ("( -t'(--'11j/4.'-;t"/ Drtment Head (.7. /S141 Town Manager fir► PLS'EY q R O p =,,,2 11000 N. La Canada Dr. __l, �n a ��- 7op Oro Valley Arizona 85737 C- i ,s 1Y°7:!; Phone (520) 229-4900 FAX (520) 797-2616 Kyle /` Y= � �XJf�.<.-�,5/�i c-:•,v 3=' , �' Y.,k www.ovpd.org DANIEL G. SHARP,Chiefof Police155iN/,':4C. B_f .5;W-..M.,,,„.•raterA. UNDED1 ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" TO: Kathryn Cuvelier FROM: Z,'". Daniel G. Sharp RE: Background Investigation, Application for Liquor License Kyo Sushi 10509 N. Oracle Road . On December 4, 2007, the Oro Valley Police Department completed the standard background check on Kyo Sushi Agent Junting Lei and Principal Yan Jiang. The Oro Valley Police Department has no objection for the issuance of a liquor license to Kyo Sushi at 10509 N. Oracle Road. �. F UQUOR LICENSES & CONTROL , , -. -ARIZONA DEPARTMEN�'-�9, ,,,,, . \ - - - & \Mo. - ,<.-:P-, ., ,. . `. ../;-:,. .:.,..-.;......., :.::.;-.; � 400 W Congress #521 ' 800 W Washington 5th Floor L < ', 9 9 -;„,--77---� ` , -> , Tucson AZ 85701-1352 Phoenix AZ 85007-2934 ,�, it"''': `` • , `° ,,;�-. -., 0 !s:‘,1,:'1,;,-- (520) 628-6595 (602} 542-5141 ,�s ..,.Y4. ,� 41.¢-:1 ,.. � .-<;-- \itir.:1] f,,,i ,-......,-,- -, wiv t.;-:‘,-- APPL1CATION FORyLIQUOR1JCENSE o. 5 8 TA Mi NT! 20 iA 1 �� .h y � 'Cid,.,,�;C•....�./t�f��i r :1-*.'.:,4 y i . d t; r '.. ice;•,. ,-,1 F . 1 t TYPEORPRINT*11,FIBIACK INK : t . DEPT. TUC Partners; alders Officers,or Mana,,, ma actively involved in the day to day operations of Notice: Effective Nov.1,1997,All Owners,Agents, s the business must attend a Department approved liquor-law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. ` SECTIONapplication is for a: r 1 This . ," SECTION 2 Type of ownership: ;X7j/ ❑ NTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 ' U./ KNEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 0 INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER(Bars & Liquor Stores ONLY) 0 •ARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 _ 0 CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 . Complete Sections 2, 3, 4, 9, 13, 15, 17(fee not required) 0 TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3,4, 10, 13, 15, 16, 17 0 OTHER Explain ■rte - - r - - -- a - - - - - - - - -. - - - - LICENSE#: DA,SECTION 3 Type of license and fees. � tc6,U ,0 (#12-) Department Use Only e• i____,,cei � 2. Total fees attached: $1. Type of Llcens1 CO CO APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: 0D-c) pp (All applicants must complete this section) ‘, lij2 4._04- _ 1. Applicant/Agent's Name: Ms. ciArcrl (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: k"1-0 Pt tei-prsZ- 7frtc_ B 1 O\ oi 1 1• (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: eZey0 r/(57it,i 4.3 V33 i -7as (Exactly as it appears on the exterior of premises) , '11)14 4. Business Address: /(7coq .;. - . ,g,r73 7 (6o not use'PO Box Number) City COUNTY Zip 5. Business Phone: 1-0 ) g7 7 ,,Sio3c Residence Pholle.1111111111111111.--LL: 6. Is the business located within the incorporated limits of the above city or town? .,SES ONO 7. Mailing Address* /-1-Hru .F-- i<P4-eick-- p L ----pa, ,4-z R-7/g City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY Accepted by. h_g Date: 1 � ?0--0.7Lic. # 1_, --k,3 3UP Ina,„T--- $ 1 e00•C5C) Fees. Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. You ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2004 *Disabled individuals requiring special accommodation, please call (602) 542-9027. 1 AZ Dept Liquor License & Control Page 1 of 1 ,,• ___ .Arizona DepdrtrnentT7Tiquor License an ' .n(`✓! .i. w_;...;: '�..F \ ' ELOW � �f,+.� a [ • :I..y•qe�.'9 Y.teaa.��r �`yr>'y i ,7M ,'VIvn' . y wh .w izi4c.- .'V• Log In You Are Here:Home > licensing > series > 12 ligiligagilailatimak License Types: Series 12 Restaurant License About Non-transferable : History On-sale retail privileges : l...eadership..Team Note: Terms in BOLD CAPITALS are defined in the glossary. : Information PURPOSE: : Training �. ��tqu©r : Laws Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption 'License on the premises of an establishment which derives at least forty percent(40%)of its gross : Renewals revenue from the sale of food. Query ADDITIONAL RIGHTS AND RESPONSIBILITIES: : License Drawing 2007 Liquor License : Liquor Board An applicant for a restaurant license must file a copy of its restaurant menu and Restaurant Drawing Entry Form Operation Plan with the application.The Plan must include listings of all restaurant equipment and F,A.Q. service items,the restaurant seating capacity,and other information requested by the department : Glossary of Terms to substantiate that the restaurant will operate in compliance with Title 4. : Forms The licensee must notify the Department, in advance, of any proposed changes in the seating capacity of the restaurant or dimensions of a restaurant facility. : Employment : Contact A restaurant licensee must maintain complete restaurant services continually during the hours of selling and serving of spirituous liquor, until at least 10:00 p.m. daily, if any spirituous liquor is to be sold and served up to 2:00 a.m. On any original applications, new managers and/or the person responsible for the day-to-day operations must attend a basic and management training class. A licensee acting as a RETAIL AGENT,authorized to purchase and accept DELIVERY of spirituous liquor by other licensees, must receive a certificate of registration from the Department. A PREGNANCY WARNING SIGN for pregnant women consuming spirituous liquor must be posted within twenty(20)feet of the cash register or behind the bar. A log must be kept by the licensee of all persons employed at the premises including each employee's name,date and place of birth,address and responsibilities. Bar, beer and wine bar, and restaurant licensees must pay an annual surcharge of$20.00.The money collected from these licensees will be used by the Department for an auditor to review compliance by restaurants with the restaurant licensing provisions of ARS 4-205.02. AVERAGE APPROVAL TIME: Sixty-five(65)to one-hundred five(105)days. PERIOD OF ISSUANCE: One (1)year with option to renew. FEES: Non-refundable application fee: $100.00 Fingerprint fee per card: Contact Department Interim Permit fee: $100.00 Upon approval: Final fees(full year): $2,000.00 Final fees(half year): $1,750.00 Annual renewal fee(includes SURCHARGE): $585.00 ARIZONA STATUTES AND REGULATIONS: ARS 4-119,4.201,4-202,4-203,4-205.02,4-205.06,4-209(B)(12),4-209(D)(12),4-209(3),4- 213,4-222,4-261; Rule R19-1-214, R19-1-231. Copyright 2007-Arizona Department of Liquor License&Control-Privacy Policy-Accessibility 800 W.Washington 5th floor;Phoenix,AZ 85007-400 W.Congress#521;Tucson,AZ 85701 http://www.azliquor.gov/licensing/series/12.asp 12/24/2007 TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: January 16,2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Philip C. Saletta,P.E., Water Utility Director SUBJECT: PUBLIC HEARING- ORDINANCE NO. (0) 08- 01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING A SECTION TO CHAPTER 15, WATER CODE OF THE ORO VALLEY TOWN CODE, AT SECTION 15-4-3 AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. SUMMARY: Oro Valley Water Utility Staff has recently reviewed the Town Code-Water Code regarding membership composition on the Water Utility Commission (WUC), and are now proposing a change to this section of the Water Code. The proposed change is to combine the commercial and turf interest on the Water Utility Commission. It also changes the turf representative to an at-large representative. This proposed change will allow for more flexibility when recruiting volunteers for the positions on the Commission. Recent resignations prior to term expiration have prompted this change. This proposed amendment to the Town Code will also help minimize the changes on the Commission while at the same time allowing for turf representatives to participate as a commercial-turf representative or through an at-large position. In addition, turf representatives can participate through the Reclaimed Water System Water Users Meetings. We recently held a meeting on water quality and we will continue to hold similar meetings to educate our reclaimed water customers and to hear any concerns that they have. In addition the day-to-day communication is very high between our operations Staff and Reclaimed Water Customers. I have informed all of the golf courses that this proposed change would be considered at this Council Meeting and a copy of the proposed changes and Ordinance have been sent to them. In addition, they were invited to attend the Water Utility Commission Meeting that was held on December 10, 2007. The proposed change was discussed at that meeting and no golf course representatives or interested parties attended that meeting. If approved by Council and after publication of the Ordinance, the proposed changes will go into effect on February 16, 2008. A Council appointment to the Water Utility Commission could be made on February 20, 2008 so the new Water Utility Commissioner could participate at the March WUC Meeting. Staff will schedule an appointment to the WUC on the g February 20th or March 5th Council Agenda for this new at-large position. There is no need for an interview, since Council previously approved that two of the other candidates recently interviewed could be considered. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: January 16, 2008 ATTACHMENTS: Ordinance No. (0) 08- 01 with proposed changes to Town Code-Water Code 15-4-3. STAFF RECOMMENDATION: On December 10, 2007, The Water Utility Commission unanimously approved forwarding the proposed change to the Town Code - Water Code Section 15-4-3 to Council. Staff recommends that the Council approve the proposed changes to the Water Code. SUGGESTED MOTION: I move to approve Ordinance No. (0) 08- 01 amending a Section to Chapter 15, Water Code of the Oro Valley Town Code , at Section 15-4-3. Or I move to (c) //spor Philip C. . etta, P.E. Water Utility Director avid L. Andrews, Town Manager ORDINANCE NO. (0) 08- 01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING A SECTION TO CHAPTER 15, WATER CODE OF THE ORO VALLEY TOWN CODE, AT SECTION 15- 4-3 AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, on March 25, 1996, the Town Council approved Ordinance No. (0) 96-13, which adopted that certain document entitled Chapter 15, Water Code of the Oro Valley Town Code; and WHEREAS, the Town desires to change Section 15-4-3, Membership Composition, Terms and Qualifications of the Oro Valley Water Code to allow one member of the Oro Valley Water Utility Commission to be a technically qualified representative from a commercial and/or turf interest within the Oro Valley Water System; and WHEREAS, as a result of recent resignations prior to their term expiration, the Water Utility Commission reviewed Section 15-4-3 and proposed the change of allowing a member to be a technically qualified representative from a commercial and/or turf interest; and WHEREAS, this change will allow for more flexibility when recruiting volunteers for positions on the Water Utility Commission. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that: SECTION 1. Section 15-4-3 is amended to read as follows, with additions being shown in ALL CAPS and deletions being shown in strikethrough text: 15-4-3 Membership Composition, Terms and Qualifications The Oro Valley Water Utility Commission (Commission) shall be composed of ne NOT less than five and no more than seven members. Insofar as is possible, at least two members shall be technically qualified residential customers from the area served by the Town of Oro Valley Water System within current Town boundaries, at least one member shall be a technically qualified residential customer FROM representing the service area of the Town of Oro Valley Water System outside of the Town boundaries, AND at least one member shall be a technically qualified representative FROM A of commercial AND/OR A TURF interests WITHIN THE ORO VALLEY WATER SYSTEM and at least one shall be a tec-.-' . • : •. representative of turf interests. Should ANY additional members be appointed WILL SERVE AT-LARGE AND SHALL BE RESIDENTS FROM THE AREA SERVED BY THE ORO lopw F:\Water Utility\Water Code\Ordinance Amending 15-3-3.doc TOV Attorney's Office/ch/121907 ' i�s�-oma to -- - -• -- --- - . .. . ..... .1- OR VALLEY WATER SYSTEM causing the Com - - •- - EMPLOYED BY A COMMERCIAL OR TURF CUSTOMER SERVED BY THE ORO VALLEY WATER SYSTEM. In as possible,ossible ANY AT-LARGE REPRESENTATIVE they shall be technically qualified and possess sufficient interest in and knowledge of local water promote the intent and purpose of this Code as stated in Section 15-1-2. issues to allow them to p � Members of the Commission shall be appointed by the Town Council, having completed an supplied bythe Town, a subsequent interview and having been application on a form recommended by the INTERVIEW COMMITTEE PANEL CONSISTING OF THE WATER UTILITY COMMISSION COUNCIL LIAISON, THE WATER UTILITY COMMISSION CHAIR AND THE WATER UTILITY DIRECTOR . The Commission members shall serve terms of three (3) years, which terms shall be staggered. An initial five member • • • initially serve a term of one (1) year. An initial seve - - - • members shall have a term of two (2) years. Two members shall initially serve a term of one (l- -. __ _ , . _- ._ .• - .. -, -- -. . All members are limited to a maximum of two (2) successive terms. SECTION 2. All Oro ValleyOrdinances, Resolutions, or Motions and parts of Ordinances, Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. • sentence, clause, SECTION 3. If any section, subsection, hrase or portion of this p isunconstitutional bythe Ordinance for any reason held t o be invalid or decision of competent anycourt of com etent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED Mayor bythe Ma or and Council of the Town of Oro Valley, Arizona 16TH day of JANUARY , 2008. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney Date: Date: Page 2 of 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: January 16, 2008 TO: HONORABLE MAYOR& COUNCIL FROM: Sarah S. More, FAICP, Planning and Zoning Director SUBJECT: Presentation of the Arizona State Land Department Conceptual Land Use Planning Program and Process for the Arroyo Grande Planning Area. EXECUTIVE SUMMARY: Representatives from the Arizona State Land Department (ASLD) and their consultant, CommunityByDesign, will make a presentation to the Town Council tonight regarding the ASLD Conceptual Land Use Planning Program and Process. The Arroyo Grande ("big wash") planning area is just north and west of the existing Town limits, extending to the Pima/Pinal County line. The area comprises approximately 14 square miles. ARROYO GRANDE PLANNING PROCESS: In June of 2006, the State Land Department contracted with the firm CommunityByDesign to develop the conceptual plan for the Arroyo Grande Planning Area. Since that time CommunityByDesign has conducted a three phase planning process effort: Phase 1 is Inventory Data Collection, Phase 2 is Development Suitability ,nd Future Needs Analysis, and Phase 3 is the Draft Conceptual Land Use Plan. Under Arizona Revised .atutes A.R.S. 37-331.03 "Conceptual land use plan" means a plan that identifies: (a) Appropriate land uses, including commercial, industrial, residential and open space uses. (b) Transportation corridors and infrastructure requirements. (c) All natural and artificial constraints and opportunities associated with the land. Over the past several months, ASLD has met with Oro Valley and Pima County representatives to gather input into the conceptual plan. The conceptual plan won't be finalized until the Land Commissioner has approved it. That has not yet occurred. On January 22, 2008, the ASLD and CommunitybyDesign will present the conceptual plan to the public in an open house forum in the Town Council Chambers from 6 — 8 pm. Tentatively scheduled on the February 6, 2008, Town Council agenda is an official request by the ASLD to amend the Town's General Plan to incorporate the conceptual plan. Then, a public process will start to review, comment on, and perhaps modify the plan. Over the course of several months, staff will schedule public hearings before the Planning and Zoning Commission, and ultimately a public hearing before the Town Council by the end of 2008. The Arroyo Grande planning process is critical to the future of the Town. As an area adjacent to existing development both in the Town and Pima County as well as near the rapidly growing Pinal County developments, growth and development pressures are anticipated in the future. Whether it becomes part of the Town or not, the Town has a vital interest in assuring that issues of importance to the Town's residents and neighbors are addressed. Traffic, water use, environmentally sensitive design, are among just a few of the issues that must be addressed. 'IACKGROUND: The Arroyo Grande Conceptual Planning Program is being prepared under the auspices of ‘000,..e Arizona State Land Department in compliance with the Arizona Growing Smarter legislation. The mission of the State Land Department is to "manage State Trust lands and resources to enhance value and optimize economic return for the Trust beneficiaries, consistent with sound stewardship, conservation, and business management principles supporting socioeconomic goals for citizens here today and generations to come. To TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page manage and provide support for resource conservation programs for the well-being of the public and the State's natural environment. 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