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Packets - Council Packets (1060)
AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION AND STUDY SESSION MAY 1, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda. REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS COUNCIL REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING INFORMATIONAL ITEMS 1.Congressional Recognition - Oro Valley Police Department CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card. PRESENTATIONS 1.Presentation of Certificates of Appreciation to outgoing members of the Youth Advisory Council 2.Proclamation - National Day of Prayer CONSENT AGENDA (Consideration and/or possible action) A.Minutes - April 17, 2019 B.Establishing July 31, 2019, as a regular Town Council meeting date C.Request for approval of a Final Plat for a 29-lot residential subdivision located within the Rancho C.Request for approval of a Final Plat for a 29-lot residential subdivision located within the Rancho Vistoso PAD, west of La Cañada Drive and approximately 1/4-mile north of Moore Road. D.Request for approval of conceptual public art for the Oro Valley Church of the Nazarene, located on the northeast corner of Calle Concordia and Calle Buena Vista E.Resolution No. (R)19-17, authorizing the Public Works Department to apply for grants from the Arizona Department of Transportation (ADOT) for funding to replace vehicles and other capital projects for the Transit Services division REGULAR AGENDA 1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR AN INTERIM PERMIT AND NEW SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CARRABBA'S ITALIAN GRILL, LOCATED AT 7635 N. ORACLE ROAD 2.PUBLIC HEARING: ORDINANCE NO. (O)19-05, DISCUSSION AND POSSIBLE ACTION REGARDING THE REPEALING OF ORO VALLEY TOWN CODE, CHAPTER 7, STREETS, HIGHWAYS, PUBLIC WAYS - SUBDIVISION, ARTICLE 7-5, STANDARDS AND PROCEDURES, SECTION 7-5-10, REPAIR OF SIDEWALK BY ABUTTING OWNERS 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) 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. ADJOURNMENT OF THE REGULAR SESSION The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item. STUDY SESSION CALL TO ORDER STUDY SESSION AGENDA 1.PRESENTATION AND DISCUSSION REGARDING FLASHVOTE, AN ONLINE SURVEY TOOL ADJOURNMENT OF THE STUDY SESSION Public comments will be accepted during this study session REGULAR SESSION EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(3), (A)(4) and (A)(7) for legal advice with the Town attorneys, discussion and consultation with those attorneys and designated Town representatives, and possible instruction to those attorneys and designated representatives about the agreements related to the Town owned golf courses and tennis facilities RESUME REGULAR SESSION ADJOURNMENT POSTED: 4/24/19 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00p.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. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. Town Council Regular and Study Session 1. Meeting Date:05/01/2019 Submitted By:Mandi Roth, Police Department Information Subject Congressional Recognition - Oro Valley Police Department Attachments Congressional Recognition Town Council Regular and Study Session 1. Meeting Date:05/01/2019 Certificates of Appreciation - Outgoing YAC Members Information Subject Presentation of Certificates of Appreciation to outgoing members of the Youth Advisory Council Summary Attachments No file(s) attached. Town Council Regular and Study Session 2. Meeting Date:05/01/2019 Proclamation - National Day of Prayer Information Subject Proclamation - National Day of Prayer Summary Attachments Proclamation Town Council Regular and Study Session A. Meeting Date:05/01/2019 Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Minutes - April 17, 2019 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve, with the following changes) the April 17, 2019 minutes. Attachments 4-17-19 Draft Minutes 4/17/19 Minutes, Town Council Regular Session 1 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION April 17, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Winfield called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember (attended via phone) Rhonda Piña, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember PLEDGE OF ALLEGIANCE Mayor Winfield led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Clerk Mike Standish announced the upcoming Town meetings. COUNCIL REPORTS The Mayor and Council recognized the Oro Valley Police Department for their outstanding response time in finding and appre hending the suspect that displayed a gun at CDO High School. Councilmember Piña reported that she attended the Water Utility Commission's Avra Valley Recharge Project, Lower Santa Cruz Recharge Project and the Northwest Recharge, Recovery and Delivery System tour. Councilmember Rodman recognized April 14 -20 as National Public Safety Telecommunicators week and thanked the Oro Valley Police Department Communications Bureau for their outstanding service. 4/17/19 Minutes, Town Council Regular Session 2 Mayor Winfield reported that he attended the Oro Valley Police Departme nt Employee Awards Ceremony held on Friday, April 12, 2019 and congratulated the employees for their outstanding service. Mayor Winfield reported that he attended the Celebrate Oro Valley event held on April 13th, 2019 at Steam Pump Ranch. TOWN MANAGER’S REPORT No reports were received. ORDER OF BUSINESS Mayor Winfield reviewed the order of business and stated that the order would stand as posted. INFORMATIONAL ITEMS 1. Letter of Appreciation - Oro Valley Police Department CALL TO AUDIENCE Oro Valley resident Bob Asbell invited citizens to attend the Oro Valley Theatre Company's rendition of The Fantisticks held at the Gaslight Music Hall on April 25th, 26th or 28th, 2019. Oro Valley Resident Barry Lemieux voiced his concerns regarding the Town property at 680 W. Calle Concordia. Oro Valley resident Dina Gouveia voiced her conce rns regarding the Town property at 680 W. Calle Concordia. Oro Valley resident Ed Clary voiced his concerns regarding the Town property at 680 W. Calle Concordia. PRESENTATIONS 1. Proclamation - PowerTalk 21 Day Mayor Winfield proclaimed Thursday, Aril 21, 2019 to be PowerTalk 21 Day in Oro Valley. 2. Proclamation - Arbor Day 4/17/19 Minutes, Town Council Regular Session 3 Mayor Winfield proclaimed April 26, 2019 as Arbor Day in the Town of Oro Valley and encouraged residents to attend the Oro Valley Arbor Day Celebration held on Saturday April 27, 2019 at Steam Pump Ranch. Parks and Recreation Director Kristy Diaz-Trahan accepted the proclamation. 3. Presentation and possible discussion of the Town Manager’s Recommended Budget for Fiscal Year 2019/20 Town Manager Mary Jacobs presented the Fiscal Year 2019/20 Town Manager's Recommended Budget and included the following: - Overview - FY 19/20 Budget Timeline - FY 2019/20 Town Manger's Recommended Budget - Strategic Leadership Plan Budget Focus Areas - Key Budget Factors - Town Operations - General Fund - Major Capital Investments - Compensation and Benefits Administrative Services Director/CFO Stacey Lemos continued the presentation and added the following: - Financial Overview - Awards and Accolades Ms. Jacobs concluded the presentation and welcomed questions regarding the Town Manager's Recommended Budget. Discussion ensued amongst Council and Staff regarding item #3. 4. Presentation and possible discussion of the Five -Year Financial Forecast through FY 2024/25 Budget and Management Analyst Wendy Gomez presented the Five-Year Financial Forecast through FY 2024/25 and included the following: - Forecast Overview - General Fund Revenues - General Fund Expenditures - General Fund Forecast - Highway Fund Revenues - Highway Fund Expenditures - Highway Fund Forecast 4/17/19 Minutes, Town Council Regular Session 4 Discussion ensued amongst Council and staff regarding the Five -Year Financial Forecast through FY 2024/25 5. Presentation and possible discussion of the Town’s Fiscal Year 2018/19 Financial Update through February 2019 Administrative Services Director/CFO Stacey Lemos presented the Town's Fiscal Year 2018/19 Financial Update through February 2019 and included the following: - General Fund - General Fund Highlights - Highway Fund - Highway Fund Highlights - Community Center Fund - Community Center Fund Highlights CONSENT AGENDA A. Minutes - April 3, 2019 B. Resolution No. (R)19-16, repealing and replacing the Town of Oro Valley Public Works Transit Division Title VI Plan C. Appointment to the Budget and Finance Commission (BFC) MOTION: A motion was made by Councilmember Rodman and seconded by Councilmember Piña to approve Consent Agenda items (A - C). MOTION carried, 7-0. REGULAR AGENDA There were no regular agenda items. FUTURE AGENDA ITEMS No future agenda items were requested. CALL TO AUDIENCE No comments were received. EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(3), (A)(4) and (A)(7) for legal advice with the Town attorneys, discussion and consultation with those attorneys 4/17/19 Minutes, Town Council Regular Session 5 and designated Town representatives, and possible instruction to those attorneys and designated representatives about the agreements related to the Town owned golf courses and tennis facilities MOTION: A motion was made by Vice -Mayor Barrett and seconded by Councilmember Jones-Ivey to go into Executive Session at 7:45 p.m. pursuant to ARS 38-431.03(A)(3), (A)(4) and (A)(7) for legal advice with the Town attorneys, discussion and consultation with those attorneys and designated Town representatives, and possible instruction to those attorneys and designated representatives about the agreements related to the Town owned golf courses and tennis facilities. MOTION carried, 7-0. Mayor Winfield said that the following staff members would join Council in Executive Session: Town Manager Mary Jacobs, Legal Services Director Tobin Sidles, Town Attorneys Gary Cohen and David Hindman and Town Clerk Mike Standish. RESUME REGULAR SESSION Mayor Winfield reconvened the Regular Session at 9:27 p.m. ADJOURNMENT MOTION: A motion was made by Mayor Winfield and seconded by Councilmember Rodman to adjourn the meeting at 9:27 p.m. MOTION carried, 7-0. __________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the mi nutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 17th day of April, 2019. I further certify that the meeting was duly called and held and that a quorum was present. Dated this _____ day of ____________________, 2019. ___________________________ 4/17/19 Minutes, Town Council Regular Session 6 Michael Standish, CMC Town Clerk Town Council Regular and Study Session B. Meeting Date:05/01/2019 Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Establishing July 31, 2019, as a regular Town Council meeting date RECOMMENDATION: N/A EXECUTIVE SUMMARY: At its regular meeting on December 5, 2018, Council approved the 2019 regular Town Council meeting schedule, which included the cancellation of the July 3, 2019 regular Town Council meeting date due to the holiday. It is anticipated that two meetings will likely be needed in July since the Council currently has no meetings scheduled for August per their policy of a summer break. The Town Council will need to take action to add this second July meeting to its 2019 calendar. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to establish July 31, 2019, as a regular Town Council meeting date. Attachments 2019 Town Council Meeting Schedule ORO VALLEY TOWN COUNCIL REGULAR MEETING SCHEDULE 2019 January 2, 2019 January 9, 2019 (2nd Wednesday) January 23, 2019 (4th Wednesday) February 6, 2019 February 20, 2019 March 6, 2019 March 20, 2019 April 3, 2019 April 17, 2019 May 1, 2019 May 15, 2019 June 5, 2019 June 19, 2019 July 3, 2019 July 17, 2019 July 31, 2019 August 7, 2019 SUMMER BREAK August 21, 2019 SUMMER BREAK September 4, 2019 September 18, 2019 October 2, 2019 October 16, 2019 November 6, 2019 November 20, 2019 December 4, 2019 December 18, 2019 HOLIDAY BREAK Town Council Regular and Study Session C. Meeting Date:05/01/2019 Requested by: Bayer Vella, Community and Economic Development Submitted By:Hannah Oden, Community and Economic Development Case Number: OV1214-35 Information SUBJECT: Request for approval of a Final Plat for a 29-lot residential subdivision located within the Rancho Vistoso PAD, west of La Cañada Drive and approximately 1/4-mile north of Moore Road. RECOMMENDATION: The Conceptual Site Plan for this subdivision was approved by Town Council in 2015 and the Final Site Plan has been approved by Town Staff. As such, staff recommends approval of this primarily administrative function, subject to the condition listed in Attachment 1, as its purpose is to execute the division of residential lots for future sale. EXECUTIVE SUMMARY: The purpose of this request is to consider a Final Plat for a 29-lot residential subdivision, located west of La Cañada Drive and approximately 1/4 mile north of Moore Road (immediately east of La Cholla Airpark's second runway), as shown on the map to the right. Final Plat review is primarily an administrative function as the site design was previously approved through the Conceptual Site Plan and the Final Site Plan process. The proposed Final Plat (Attachment 2) consists of 29 residential lots subdivided on 20.38 acres with a density of 1.4 homes per acre. The residential design provides one main access point from La Cañada Drive. The Final Plat has been reviewed and meets Town requirements and conforms to the approved site design. BACKGROUND OR DETAILED INFORMATION: The Final Plat requires Town Council approval prior to being officially recorded with Pima County. In 2015, the Town Council approved a Conceptual Site Plan and Conceptual Landscape Plan for the property, which included a 29-lot residential subdivision, a 100' wide buffer yard along the west property line abutting La Cholla Airpark, and internal sidewalks and a pedestrian trail. Since then, the Final Site Plan has been approved as it conforms to the approved site design and meets all the conditions of approval, subject to the condition in Attachment 1. This condition states that language must be included in the deeds and future CC&R's informing home buyers of the presence of La Cholla Airpark and that low flying aircrafts may pose a nuisance. During the Conceptual Site Plan process, extensive work was done with representatives from La Cholla Airpark to ensure the proposed development would respect the adjacent airpark. As such, General Note #24 was required as a condition of approval and is included on the cover sheet of the Final Plat stating, "All prospective buyers of lots within this subdivision shall be informed of the presence of La Cholla Airpark, a private airpark located southwest of the project. All prospective buyers shall be informed that low flying aircraft may be a nuisance." Proposed Improvements: 20.38 acres subdivided into 29 residential lots with an average lot size of 14,888 square feet, a minimum lot size of 14,528 square feet, and a maximum lot size of 17,304 square feet One access point from La Cañada Drive along the eastern boundary of the subdivision 100 foot wide buffer yard along the west property line abutting La Cholla Airpark Maximum permitted building height is 30 feet and homes on Lots 14 to 16 are limited to 1 story 10 foot trail easement along the eastern portion of the property 0.32 miles of new private streets Previous Approvals: 1987: Rancho Vistoso Planned Area Development approved 2015: Conceptual Site Plan and Conceptual Landscape Plan approved by Town Council 2019: Final Site Plan approved by Town staff FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to APPROVE the Final Plat for the proposed subdivision, located west of La Cañada Drive and approximately 1/4 north of Moore Road, subject to the condition in Attachment 1, based on the finding that it meets Town requirements. OR I MOVE to DENY the Final Plat for the proposed subdivision, based on the finding that ___________________. Attachments Attachment 1: Conditions of Approval Attachment 2: Final Plat Attachment 1 Conditions of Approval Final Plat for a 29-lot residential subdivision located within the Rancho Vistoso PAD, west of La Cañada Dr. and approximately 1/4 north of Moore Rd. (OV1214-35) Planning 1. Prior to the Final Plat receiving signatures, the applicant shall provide language in the deeds and future CC&R’s for the development stating that all prospective buyers of lots within this subdivision shall be informed of the presence and activity of the La Cholla Airpark, a private airport located west of the project. All perspective buyers shall be informed that low flying aircrafts may be a nuisance. Ref#: OV114-023 G18007802734352626274-22-19 SHEET 4SHEET 2SHEET 3ZONE: VLDR ZONE: OS ZONE: VLDR ZONE: OS Ref#: OV114-023 G18007804- 2 2-19 SHEET 3SHEET 4SHEET 2SHEET 3 Ref#: OV114-023 G18007804- 2 2-19 SHEET 2SHEET 4SHEET 4SHEET 2SHEET 3 Ref#: OV114-023 G18007804- 2 2-19 SHEET 3SHEET 4SHEET 2SHEET 3 Ref#: OV114-023 G18007804- 2 2-19 DD Town Council Regular and Study Session D. Meeting Date:05/01/2019 Requested by: Bayer Vella, Community and Economic Development Submitted By:Milini Simms, Community and Economic Development Case Number: OV1602761 Information SUBJECT: Request for approval of conceptual public art for the Oro Valley Church of the Nazarene, located on the northeast corner of Calle Concordia and Calle Buena Vista RECOMMENDATION: The Planning and Zoning Commission recommended approval. EXECUTIVE SUMMARY: The purpose of this request is to consider Conceptual Public Art for the Oro Valley Church of the Nazarene, located on the northeast corner of Calle Concordia and Calle Buena Vista (see image to the right). Public art is required for all non-residential developments in the Town of Oro Valley and is reviewed for conformance with the Design Principles and applicable Design Standards in the Zoning Code. Public art requires consideration by both the Planning and Zoning Commission and Town Council when a "call for artists" process is not performed; as is the case with this application. The proposed public art piece (Attachment 1) features two freestanding sculptures depicting Jesus and two children. The sculptures will be installed in a courtyard next to the new children's area (notated with a star on the image above; Attachment 2), which is accessible to the public. The bronze sculptures were chosen by a church committee and designed by Scott Stearman (Attachment 3), an artist who has created several pieces for the Church of the Nazarene community. The sculptures require minimal maintenance (Attachment 4) and will serve as a focal point for the church. The proposed artwork meets the Design Principles and applicable Design Standards of the Zoning Code. As such, the Planning and Zoning Commission recommended approval. BACKGROUND OR DETAILED INFORMATION: The Oro Valley Church of the Nazarene is located on the northeast corner of Calle Concordia and Calle Buena Vista (see image to the right). Expansions at the church are currently under construction and per code (Section 27.3.B.3), public art is required when additions are substantial (25% or more) and public art has not previously been provided. Instead of performing a "call for artists" process the applicant commissioned an artist, well-known to the Church of Nazarene community. As such, consideration by the Planning and Zoning Commission and Town Council is required. Public art is based off 1% of the building permit valuation and is to be installed prior to receiving a Final Certificate of Occupancy for the building expansions. Previous Approvals: 2001- Expansion for a new sanctuary, multi-purpose room and office facilities approved 2017- Building and parking expansions approved Proposed Public Art (see image to the right): Two, free-standing bronze sculptures Estimated building permit valuation: $3,454,732 Required art budget:$34,547 Proposed art budget: $44,500 DISCUSSION AND ANALYSIS: The applicant's request (Attachment 1) has been evaluated for conformance with the applicable 1) Design Principles 2) Design Standard of the Zoning Code. The analysis of each is included below with the code in italics, followed by staff commentary. 1) Design Principles Analysis (Section 27.3.H): Quality: Artwork demonstrates originality, artistic quality, and excellence in design and craftsmanship; to be demonstrated through renderings, explanation of construction, materials, and artist resume. Staff Commentary: The proposed original artwork was designed to compliment the new children's area and religious use of the church. The artwork depicts two children interacting with Jesus. The materials and installation of the art pieces will be safe for children to play on the sculptures. The artist, Scott Stearman (Attachment 3), has created several pieces for the broader Church of the Nazarene community and worked with the church's Art Committee to develop the piece. Response to Context: Artworks should be appropriate in scale, material, form and content for the immediate and general social and physical environments with which they are to relate. Staff Commentary: The scale of the artwork is appropriate for the courtyard, which has plenty of space for pedestrians to walk around the sculptures (Attachment 2). The tallest point of the sculpture is 4 feet, which is a comparable height for children utilizing the area. Durability: Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and excessive maintenance and repair costs. Staff Commentary: The proposed artwork is a bronze sculpture, which is a durable material. It will be secured to the ground using steel posts to ensure they cannot be tipped over. These posts will be threaded into the base of the sculpture, raising it approximately four (4) inches above the ground. Additionally, six (6) lights (flush with the ground) will be installed between the little girl and Jesus to increase awareness of and safety near the sculpture at night. The lights will be aimed at the sculptures and comply with all lighting code requirements. The maintenance requirement for the sculptures is minimal (Attachment 4), requiring a thorough cleaning and waxing 1-2 times per year. The church has designated the Facilities Director to complete these tasks. Integration: Where possible, in addition to meeting aesthetic requirements, artworks should also serve to establish focal points, modify, enhance or define specific spaces or establish identity. Staff Commentary: The proposed artwork will be located in a courtyard next to the new children's area. This area will be highly utilized and is accessible to the public. The art piece will not only define the space but also become a noteworthy attraction for the church. Safety: Artworks should not present a hazard or create unsafe conditions. Staff Commentary: The location of the sculpture provides the required 42-inch clearance for pedestrian movement around it. Additionally, the sculpture will be secured to the ground to eliminate the potential of falling over. It does not feature any sharp edges and includes six (6) lights (flush with the ground) located between the little girl and Jesus for additional safety at night. It was designed with children's use in mind. Diversity: Artworks should contribute to a diversity of style, scale, media, artists, community values and forms of expression within the Town. Staff Commentary: The proposed artwork uses a similar medium portrayed throughout Town. The church designated an Art Committee who assisted the artist in developing the unique piece. As such, the scale and style of the piece reflects the needs and desires of the Oro Valley Church of the Nazarene. Visibility: Artworks should be visible and accessible for the purposes of public enjoyment and security, considering pedestrian and vehicular traffic, lighting, active hours on site and future development and vegetation growth. Staff Commentary: The proposed artwork will be located outdoors in a courtyard accessible to the public. The courtyard will be highly utilized by the congregation, functioning as the primary entrance to the new children's area. Feasibility: Consideration should be given to the likelihood of successful completion of the artwork. Factors to be considered include but are not limited to: project budget, timeline, artist’s experience and soundness of materials. Staff Commentary: The proposed artwork is ready for installation upon Town Council approval and is expected to be completed, prior to the issuance of a Final Certificate of Occupancy. Final Certificates of Occupancy are issued when building construction is deemed complete and ready for use. Advertising Elements: Public art shall not reflect or include advertising elements of a business or corporation including colors, graphics, logos or other representations of corporate identity Staff Commentary: The proposed artwork does not contain any elements of corporate advertising. 2) Design Standard Analysis (Addendum A): Public art shall be integrated into the overall design of the project and shall be located in areas of high visibility and use such as courtyards, seating areas, and along public roadways. Staff Commentary: The proposed artwork will be located in a highly utilized courtyard that is accessible to the public. The proposed piece will be a focal point of the courtyard and attraction for the church. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered the applicant's request on April 2, 2019 (for draft meeting minutes, see Attachment 5). A summary of the main topics are discussed below: Safety from the art piece getting hot: Although the art piece will get hot during the summer, the location of the piece provides adequate space for people to maneuver around it. As stated by the applicant, it will not get hot enough to burn people. Visibility of the art piece from the road: Per code, the art piece must be visible and accessible to the Visibility of the art piece from the road: Per code, the art piece must be visible and accessible to the public. However, the code does not stipulate it has to be visible from public roads. By locating the art piece outdoors in a courtyard accessible to the public, the proposed location is in compliance with this requirement. Timing of creating the art piece (prior to Council approval): The process established in the code intends for an applicant to acquire conceptual design approval, prior to proceeding to final design review and creation of the art piece. However, it is at the applicant's discretion and risk to create the art piece prior to receiving approval. Summary of Public Notice: Public notice has been provided: Post at Town Hall and on website Postcard to affected Homeowner's Associations CONCLUSION/RECOMMENDATION: The proposed Conceptual Public Art application meets the Design Principles and applicable Design Standards of the Zoning Code. As such, the Planning and Zoning Commission recommended approval. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to APPROVE the Conceptual Public Art for the Oro Valley Church of the Nazarene based on the finding it meets the Design Principles and Design Standards of the Zoning Code. OR I MOVE to DENY the Conceptual Public Art for the Oro Valley Church of the Nazarene based on ________. Attachments ATTACHMENT 1- APPLICANT'S REQUEST ATTACHMENT 2- ART LOCATION ATTACHMENT 3- ARTIST RESUME ATTACHMENT 4- ART MAINTENANCE PLAN ATTACHMENT 5- PZC DRAFT MINUTES April 2, 2019 Planning and Zoning Commission 1 MINUTES ORO VALLEY PLANNING AND ZONING COMMISSION REGULAR SESSION April 2, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Chair Swope called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Bob Swope, Chair Nathan Basken, Vice Chair Hal Bergsma, Commissioner Celeste Gambill, Commissioner Skeet Posey, Commissioner EXCUSED: Thomas Gribb, Commissioner Ellen Hong, Commissioner ALSO PRESENT: Principal Planner Michael Spaeth Chief Civil Deputy Attorney Joe Andrews Town Council Liaison Bill Rodman PLEDGE OF ALLEGIANCE Chair Swope led the audience and Commission in the Pledge of Allegiance. CALL TO AUDIENCE There were no speaker requests. COUNCIL LIAISON COMMENTS Town Council Liaison Bill Rodman provided updates on recent and upcoming Town Council meetings. REGULAR SESSION AGENDA April 2, 2019 Planning and Zoning Commission 2 1. REVIEW AND APPROVAL OF THE MARCH 5, 2019 REGULAR SESSION MEETING MINUTES MOTION: A motion was made by Commissioner Posey and seconded by Commissioner Gambill to approve the meeting minutes as written. MOTION carried, 5-0. 2. DISCUSSION AND POSSIBLE ACTION REGARDING CONCEPTUAL PUBLIC ART FOR THE ORO VALLEY CHURCH OF THE NAZARENE, LOCATED ON THE NORTHEAST CORNER OF CALLE CONCORDIA AND CALLE BUENA VISTA, OV1602761 Senior Planner Milini Simms provided a presentation that included the following: - Purpose - Location Map - Design Principles and Design Standards - Summary and Recommendation Applicant Jeannie Hayward, Business Manager with the Oro Valley Church of the Nazarene provided a presentation that included the following: - Process - Samples of Scott Stearman's work - Artwork Budget - Public Art Dimensions - Art Location - Design Principles - Installation Detail - Maintenance Plan - Evidence of Insurance - Inscription She also introduced the artist, Scott Stearman, who spoke about his work and its messages. Discussion ensued among the Commission, applicant and staff. MOTION: A motion was made by Commissioner Posey and seconded by Commissioner Bergsma to approve the sculpture as presented. Mr. Spaeth clarified that the Commission can only recommend approval to Town Council on this item. Mr. Andrews stated the motion should be withdrawn and a new motion with a recommendation be made. Commissioner Posey withdrew the motion. April 2, 2019 Planning and Zoning Commission 3 MOTION: A motion was made by Commissioner Bergsma and seconded by Commissioner Posey to recommend approval of the conceptual public art for the Oro Valley Church of the Nazarene, based on the finding it meets the Design Principles and Design Standards of the Zoning Code. MOTION carried, 5-0. 3. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING A ZONING CODE AMENDMENT RELATED TO SIGNS IN THE RIGHT-OF-WAY, OV1802844 Senior Planning Technician Patty Hayes provided a presentation that included the following: - Zoning Code Sign Standards - Right-of-Way Definition and Description - Currently Allowed Signs in Right-of-Way - 2015 United States Supreme Court Ruling - State Laws - Oro Valley's Interim Solution - Other Jurisdictions - Proposed Revisions - Monument and Entryway Signs - Monument Sign Location - Monument and Entryway Signs - Monument and Entryway Sign Lighting - Monument and Entryway Sign Proposed Standards - Major and Minor Arterial Roads - Process Review - Study Session - General Plan - Summary Discussion ensued between the Commission and staff. Chair Swope opened the public hearing. Ben Buehler-Garcia, representing Southern Arizona Home Builders Association (SAHBA) spoke in support of the amendment. Oro Valley resident Dave Perry, President and CEO of the Oro Valley Chamber of Commerce, spoke in support of the amendment. Chair Swope closed the public hearing. Further discussion ensued between the Commission and staff. April 2, 2019 Planning and Zoning Commission 4 MOTION: A motion was made by Vice Chair Basken and seconded by Commissioner Gambill to recommend approval of the draft code amendment for signs in the right-of- way, subject to the following condition: remove proposed Section 28.8.1.G related to sign holders. MOTION carried, 4-1 with Chair Swope opposed. Chair Swope stated he did not agree with the proposed condition. PLANNING UPDATE (INFORMATIONAL ONLY) Mr. Spaeth spoke about the tentative items on next month's Commission meeting. He also stated a site tour for one of the items will be scheduled prior to the meeting date. FUTURE AGENDA ITEMS MOTION: A motion was made by Chair Swope and seconded by Commissioner Bergsma for staff to initiate a code amendment for the protection of saguaros during development. MOTION carried, 5-0. ADJOURNMENT Chair Swope adjourned the meeting at 7:11 p.m. Prepared by: Jeanna Ancona Senior Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the regular session Planning and Zoning Commission meeting of Oro Valley, Arizona held on the 2nd day of April, 2019. I further certify that the meeting was duly called and held and that a quorum was present. Town Council Regular and Study Session E. Meeting Date:05/01/2019 Requested by: Jon Hawbaker Submitted By:Jon Hawbaker, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: Resolution No. (R)19-17, authorizing the Public Works Department to apply for grants from the Arizona Department of Transportation (ADOT) for funding to replace vehicles and other capital projects for the Transit Services division RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The Arizona Department of Transportation (ADOT) oversees the federal 5310 grant programs and has requested the Town update its resolution authorizing the Public Works Department - Transit Division to apply for these grants. This authorization allows the Town to obtain grants for the purpose of purchasing para-transit vehicles and other capital projects related to the transportation of seniors and disabled residents of the Town. BACKGROUND OR DETAILED INFORMATION: Since October 1996, the Town has owned and operated a transit service for elderly and disabled residents. The Transit Services division currently has a fleet of 28 vehicles, providing approximately 175-250 trips per day. Older fleet vehicles need to be replaced to meet increasing demand for transit service by the community. The ADOT Section 5310 or Elderly Individuals and Individuals With Disabilities Transportation Program is a federal grant program designed to provide capital awards, primarily in the form of vehicles, to qualified agencies serving predominately senior and/or disabled persons. The Town has developed an approved federal transit fleet replacement program based on the life expectancy of each vehicle. For transit vehicles, the standard service life is 5 years or 150,000 miles. Preventative maintenance and inspections are completed every 5,000 miles to ensure the safety and reliability of these vehicles; however, many of our transit vehicles have passed the standard service of life. In order to prevent significant transmission or engine overhaul costs associated with higher mileage vehicles, these vehicles need to be replaced. Annually, the Transit division applies for grants to help fund replacement vehicles. Through the grant, ADOT shall fund approximately 80% of the purchase for vehicles and other capital projects, while the Town shall pay the remaining 20% of the costs. FISCAL IMPACT: Adopting this resolution will allow the Town to obtain grants to offset 80% of cost of vehicles and other Adopting this resolution will allow the Town to obtain grants to offset 80% of cost of vehicles and other capital projects, which will result in the Town saving approximately $62,000 per vehicle, resulting in a cost of approximately $15,500 per vehicle to the Town. SUGGESTED MOTION: I MOVE to (APPROVE or DENY) Resolution No. (R)19-17, authorizing and approving the Public Works Department to apply for grants through ADOT for funding to replace vehicles and other capital projects for the Transit Services division. Attachments (R)19-17 Resolution Submission of Grant Grant Agreement Submitted Grant Document RESOLUTION NO. (R)19-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO APPLY FOR GRANTS FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF VEHICLES AND OTHER CAPITAL PROJECTS FOR THE TRANSIT SERVICE DIVISION ; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, pursuant to 49 U.S.C. § 5310, the Secretary of Transportation may make grants to state and local governmental authorities for public transportation capital projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities; and WHEREAS, the Multimodal Planning Division (MPD) of the Arizona Department of Transportation (ADOT) administers the Federal Transit Administration’s (FTA) Elderly Individuals and Individuals with Disabilities Transportation Program; and WHEREAS, the Public Works Department, Transit Services Division, is in need of replacing or increasing service vehicles ; and WHEREAS, the Town desires to apply for a grant to ADOT, attached hereto as Exhibit “A” and incorporated herein by this refe rence, for the purchase of vehicles to assist elderly and disabled residents transit services; and WHEREAS, ADOT shall purchase the vehicles for the Town and the Town shall pay approximately twelve (20%) percent of the total purchase cost for the vehicles, approximately $15,500 per vehicle ; and WHEREAS, it is in the interest of the Town of Oro Valley to apply for a grant with ADOT for funding of vehicles to assist elderly and disabled residents within the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Mayor and Council authorize and approve the Public Works Department, Transit Services Division, to submit a grant application, attached hereto as Exhibit “A” and incorporated herein by this reference, to the Arizona Department of Transportation for the funding of vehicles to assist elderly and disabled residents of the Town. SECTION 2. The Public Works Director and any other administrative officials of the Town of Oro Valley are hereby authorized to take steps as necessary to execute and implement the terms of the Grant Agreement. SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to tak e all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 1st day of May, 2019. TOWN OF ORO VALLEY, ARIZONA Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM : Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” My Home My Applications My Reimbursement Requests My Organization(s) | My Profile | Logout Page Information The information has been saved. Back Document Information:5310-2019-Town of Or-00042 Details You are here: > 5310 Application Menu > Forms Menu > Agreement GRANT AGREEMENT Agreement/CAR Number AG Contract Number P0012013003419 Advantage Vendor Number PZ000008394 A0001 DUNS Number 098039373 Advantage Project Number Eligible From Date Eligibility Expiration Date Project Details Refer to Exhibit A GRANT AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION MULTIMODAL PLANNING DIVISION acting for and on behalf of THE STATE OF ARIZONA AND Town of Oro Valley This GRANT AGREEMENT, established pursuant to Arizona Revised Statutes (A.R.S.) § 28-334, is entered into between the ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) MULTIMODAL PLANNING DIVISION (MPD) acting for and on behalf of THE STATE OF ARIZONA herein referred to as the STATE, and Town of Oro Valley a Other agency herein referred to as the SUBRECIPIENT. The STATE and the SUBRECIPIENT are collectively referred to as the “Parties”, and individually as STATE, SUBRECIPIENT, and “Party”. I. RECITALS 1) STATE is authorized to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of STATE. 2) SUBRECIPIENT has obtained appropriate action by ordinance or resolution or otherwise pursuant to the laws or other rules and regulations applicable to it and its governing bodies and is authorized to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of SUBRECIPIENT. 3) The Governor of the STATE of Arizona, in accordance with a request by the Federal Transit Administration, hereinafter referred to as FTA, has designated the Arizona Department of Transportation as the responsible agency to evaluate and select proposed projects and to coordinate grant applications. The current State Management Plan, Program Guidebook, FTA Master Agreement, and the Program Application, incorporated herein by reference, prescribe the STATE's Administrative Policies and Requirements for the Program. 4) Exhibit A: Project Award Description provides the Project Award Description, Eligibility Dates, Funding Participation, and Match Requirements. 5) Exhibit B: Program Description and Communication and Contact Information provides the statutory reference and describes rules, regulations, and requirements specific to the program(s) awarded in this Agreement and provides contact information relevant to this Agreement. 6) Exhibit C: Responsibility Matrix delineates key requirements specific to roles. SAVE PRINT VERSION ADD NOTE CHECK GLOBAL ERRORS Page 1 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... 7) Exhibit D: Procurement and Third Party Contract Provisions provides rules specific to SUBRECIPIENT procurement in this Agreement and provides a table of federal clauses required for procurement agreements. 8) Exhibit E: Discrimination & Title VI Requirements provides mandatory Title VI requirements. 9) Exhibit F: Disadvantaged Business Enterprise (DBE) Requirements provides mandatory DBE requirements. 10) Exhibit G: Insurance (Risk Management) Requirements provides mandatory insurance requirements. 11) Exhibit H: Language Modifications provides exceptions, exemptions, and language variations for Agreements with Tribes, Nations, or Native Indian Communities. 12) The STATE and the SUBRECIPIENT desire to secure the Project as described in Exhibit A through the expenditure of FTA grant funds and to use said funding to provide services for eligible Program participants of the STATE of Arizona within the SUBRECIPIENT’s service area, and carried out according to this Agreement and under the applicable sections of 49 USC Chapter 53 as described in Exhibit B. 13) The STATE and the SUBRECIPIENT desire defining their respective responsibilities related to the expenditure and reimbursement of up to the amount of funds described in Exhibit A and referred to as the PROJECT within the authority granted by the Program described in Exhibit B. 14) SUBRECIPIENT qualified local match and fees for the PROJECT to be procured by the STATE is due upon demand and prior to procurement. Match for PROJECT to be procured by SUBRECIPIENT shall be indicated in and deducted from request for reimbursement. All other match is due over the life of the award or as otherwise detailed in Exhibit A. 15) The APPLICATION for this Agreement does not constitute the AWARD amount. The AWARD will be demonstrated in Exhibit A of this Agreement, incorporated into the document at the time of execution and/or as updated from time-to-time by mutual consent. 16) The State has the authority to re-distribute Award if the signed Agreement is not received by the program required deadline, or if applicable cash Match (if required) is not received, so that the Agreement may be executed within 90 days from the date that Exhibit A documenting Award is distributed. THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows: II. SCOPE 1) SUBRECIPIENT shall provide specific public transportation services or activities related to eligible funding, herein called the PROJECT, to eligible Program participants, in accordance with the SUBRECIPIENT’S application(s), incorporated herein as referenced and as allowable under the relevant section of 49 U.S.C. Chapter 53 as described in Exhibit B and the PROJECT description and Award described in Exhibit A. 2) PROJECT expense and cost awards will be detailed in Exhibit A. Awards may consist of any combination of expense or cost categories eligible in the associated grant program such as equipment or capital categories to be procured by ADOT, equipment or capital categories to be procured by SUBRECIPIENT, operating, intercity, administrative, planning, mobility management, or others. 3) PROJECT Award is limited to the quantity and description of the items identified in Exhibit A. For those items with estimated amounts pending procurement that is to be completed by the SUBRECIPIENT, the estimated pricing shall be considered not-to-exceed pricing specific to the quantity and description of identified items. Any needed or desired variation from quantity, description, or pricing must be requested in writing and approved by the Program Manager prior to procurement. Approvals will result in a modified Exhibit A being issued with updated approved not-to-exceed award, pricing, and match indicated. For PROJECT Award items being procured by ADOT, actual pricing that exceeds the estimate on Exhibit A will be confirmed with the SUBRECIPIENT prior to purchase. 4) SUBRECIPIENT eligible PROJECT expenditures or incurrence of costs may not occur prior to the “Expenses Eligible from Date” and must occur prior to the “Eligibility Expiration Date” established in Exhibit A. All support documentation must be dated within that established data range to be considered eligible. The SUBRECIPIENT may not incur any costs for work outlined in any subsequent amendments prior to receiving a Modified Exhibit A signed by the ADOT Program Manager or Transit Manager. Any costs incurred prior to receiving such written document shall be treated as pre-award costs and shall not be eligible for reimbursement in accordance with 2 CFR 200.458. 5) PROJECT-appropriate expenses and costs associated with the PROJECT Award must be supported by receipts and other suitable and appropriate documentation pursuant to 2 CFR 200 Subpart E - Cost Principles, 2 CFR 200 et seq., and ADOT, as appropriate, and incurred within the Exhibit A established date range are eligible for reimbursement upon execution of this Agreement. Final reimbursement requests must be received no later than 30 days after the calendar quarter within which the Eligibility Expiration Date occurs to be eligible for reimbursement unless an extension has been granted by the Program Manager. a. Certifications Required: As required pursuant to 2 CFR 200.415 to assure that expenditures are proper and in accordance with the terms and conditions of the Federal award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment under the agreement must include a certification, signed by an official who is authorized to legally bind the SUBRECIPIENT, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801- 3812).” III. RESPONSIBILITIES 1)ADOT will: a. Review PROJECTS for compliance with statutory requirements, oversight requirements, and program guidance. Page 2 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... b. Review documentation supporting PROJECT expenditures for eligibility and ensure program match requirements are met. c. Review invoices, when appropriate to the Grant Award, from SUBRECIPIENT and reimburse SUBRECIPIENT within 30 days after receipt and approval of invoices, in a total amount not to exceed the lesser of the approved invoiced costs or the Grant Award. d. Communicate with SUBRECIPIENT and FTA as necessary to facilitate program compliance and procedural efficiency. e. Monitor all activities performed by its SUBRECIPIENTS to assure that the work is being managed and performed satisfactorily and that time schedules are being met in accordance with 2 CFR 200.328. f. Administer FTA funds allocated to the SUBRECIPIENT and ensuring that such funds are expended for eligible costs, purpose and activities in accordance with 23 CFR 420.113, that are allowable per 2 CFR 200 et seq. as adopted or otherwise modified pursuant to 2 CFR 1201. 2)SUBRECIPIENT will: a. Administer the grant from award to closeout. b. Take necessary steps to ensure compliance with program or Agreement stipulated deadlines. c. Develop and have in place prior to use of award internal policies and systems that ensure effective management of awards and compliance with grant requirements. d. Implement strong internal controls for accounting and compliance with grant terms and conditions and ensure that SUBRECIPIENT financial management system and any other system used for documentation or compliance is appropriate to implement the Project. The financial management systems must comply with all the requirements of 2 CFR 200.302. The SUBRECIPIENT shall establish separate accounts for each work element of the Project Budget, to be maintained within its existing accounting system or set up independently. Such accounts are referred to herein collectively as the Project Account. The Project Account and supporting documentation as set forth in 2 CFR 200 et seq., shall be made available upon request for examination by ADOT, FTA, or the Comptroller General of the United States in accordance with the requirements of 2 CFR 200.336. Pursuant to the requirements of 2 CFR 200.307, the SUBRECIPIENT shall record in the Project Account all payments received by it from ADOT pursuant to this article and all other funds provided for, accruing to, or otherwise received on account of the Project, which ADOT Payments and other funds are herein collectively referred to as Project Funds. The SUBRECIPIENT shall charge to the Project Account all eligible costs of the Project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of ADOT and FTA shall not be considered eligible costs. Determination of eligible costs shall be in accordance with the requirements of 2 CFR 200.402 to 2 CFR 200.414 and 2 CFR 200.420 to 2 CFR 200.475. e. Establish a budget of the costs required to perform the Project and a method for monitoring actual costs against the budget. f. Submit payment of Grant required MATCH upon demand by the STATE and/or as indicated in Exhibit A. Administrative fees and local match must be remitted from funds as qualified under the applicable 49 USC regulations. Match is defined as monies from non-federally funded sources used for matching or cost sharing requirements as defined and allowed under 2 CFR 200.306 and 2 CFR 200 Subpart E. Local match must be remitted from funds of the program for which it was awarded as qualified under the applicable 49 USC regulations. Most federally-funded programs cannot use federal funds to provide match but 49 USC does provide certain exceptions to that stipulation. The SUBRECIPIENT will ensure that matching funds qualify under the appropriate section of 49 USC as appropriate to the awarded PROJECT(s) indicated in Exhibit A. g. Comply with all terms of the Grant Program in accordance with the SUBRECIPIENT application(s) and the current Program Guidebook in effect at the time of application or subsequently revised in writing and by notice, incorporated herein as referenced. h. Obtain prior written concurrence of the State before assigning any portion of the work to be performed under this Agreement or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement. i. Communicate contractual requirements to contractors and sub-contractors and ensure all the requirements of this Agreement are incorporated by means of a contract or other legally binding documents stipulating the contractor and/or sub-contractor’s responsibility to comply with this Agreement. j. In the event of an accident involving any equipment funded under this Agreement, the SUBRECIPIENT shall, within 48 hours, notify the ADOT Program Manager and the MPD Finance & Administration Manager (see Exhibit titled PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION) electronically via email. Pursuant to FTA Circular 5010.1D, any insurance proceeds received when project property has been lost or damaged, the grantee shall a) apply those proceeds to the cost of replacing the damaged or destroyed project property taken out of service or b) return to FTA an amount equal to the remaining Federal interest in the lost, damaged, or destroyed project property. The SUBRECIPIENT agrees to request from and adhere to guidance from the ADOT Program Manager regarding which option shall be followed. k. Communicate with STATE and FTA as necessary to facilitate program compliance and procedural efficiency. l. Provide all required reports as prescribed by the current Program Guidebook or as requested by ADOT in a timely manner and as required by the STATE. Page 3 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... m. Ensure users of PROJECT equipment and/or services meet applicable federal and state regulations and statutes. n. Review documentation supporting PROJECT expenditures for eligibility and ensure program match requirements are met. o. Comply with Performance Measure requirements as established by FTA and designated by the STATE for its compliance. p. Comply with Cross-Cutting requirements for transit asset management plans and reporting of asset inventory and condition information as established by FTA and designated by the STATE for its compliance. q. Demonstrate that funds are expended for eligible and allocable activities; track receipts, disbursements, assets, liabilities, and balances; and track and report program income. r. Report to the STATE as required by the program but at a minimum quarterly on the invoice form provided by ADOT, for categorized reimbursable Project costs/expenses awarded as detailed in Exhibit A, as authorized and allowable under the federal grant requirements, and supported as required with vendor invoices, original receipts, or other suitable and appropriate documentation. In the event that no expenditures occurred during a calendar quarter, submit a zero dollar invoice. A system-generated ledger report and program-required forms must be submitted with the reimbursement request. Detailed support documentation shall be maintained by the SUBRECIPIENT and shall not be submitted to ADOT unless and until requested. In the event a system-generated ledger cannot be provided, it is acceptable to use a manually-created or spreadsheet ledger. However, in this case, all support documentation must also be submitted. The State has implemented an invoicing module within the Arizona E-Grants Transit Grant Management System (E-Grants). All invoices shall be submitted electronically. Paper invoicing will no longer be accepted. The SUBRECIPIENT agrees that all invoices and supporting documentation shall be submitted electronically through E-Grants. To be eligible for reimbursement, costs must meet the following general criteria: • Be a direct cost. Indirect costs are eligible for reimbursement only with an indirect cost plan approved by the SUBRECIPIENTs federal cognizant agency and accepted by ADOT as indicated on Exhibit A. • Be necessary and reasonable for proper and efficient performance and administration of the Project; • Be an eligible expense under federal and state statutes and program regulations; • Be treated consistently. A cost may not be assigned to the grant as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to a grant as an indirect cost; • Be determined in accordance with generally accepted accounting principles; • Not be included as a cost or used to meet cost sharing or matching requirements of any other Federal award in either the current or a prior period; • Be the net of all applicable credits; and • Be adequately documented to include a system generated financial summary, or Excel spreadsheet accompanied by appropriate backup documentation (i.e. invoices, payroll, etc.), disclosing an expense amount that matches the invoice amount. Grantees and subgrantees must maintain records which adequately identify the source and application of funds provided for financially- assisted activities. These records must contain information pertaining to grant or subgrant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and incomes. As defined in 2 CFR 1201.80, program income means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance. (See 2 CFR 200.77 Period of performance.) Program income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the Federal award, program income does not include rebates, credits, discounts, taxes, special assessments, levies, and fines raised by a grantee and subgrantee, and interest earned on any of them. All costs charged to the Project, including any approved services contributed by the SUBRECIPIENT or others, shall be supported as required by 2 CFR 200.302 (b)(3) and 2 CFR 200 et seq. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, contracts and sub-grant award documentation, etc. In accordance with 2 CFR 200 et seq. where the records must be supported by a system of internal control which provides reasonable assurances that the charges are accurate, allowable, and properly allocated; be incorporated into the official records of the SUBRECIPIENT; reasonably reflect the total activity or expense; encompass both federally assisted and all other activities on an integrated basis; and comply with the established accounting policies and practices of the SUBRECIPIENT; and include distribution among cost objectives where federal and non-federal or multiple federal distributions occur or between direct and indirect cost activities. Adequate supporting documentation should include a system generated financial summary disclosing an expense amount that matches the invoice amount. If a system generated report is unavailable, an excel spreadsheet maybe utilized to summarize the expenses and should be accompanied by appropriate invoices including evidence of payment, payroll documentation, etc. Page 4 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... a. Submit an Indirect Cost Plan that has been approved by the SUBRECIPIENT cognizant agency if and only if indirect costs will be billed for reimbursement. 2 CFR 200.9, 200.27, 200.416, 200.417, and applicable appendices, FARS 31.2 for Private Agencies, and Appendix E of FTA Circular 5010 requires all grantees who intend to seek payment for indirect costs to prepare a Cost Allocation Plan (CAP) or an Indirect Cost Rate Proposal. 2 CFR 200 Appendix III covers Indirect Costs for IHEs. 2 CFR 200 Appendix IV covers Indirect Costs for Non-Profit Organizations. 2 CFR 200 Appendix V covers indirect costs and Appendix VII includes ICAP requirements for Local Governments and Tribes. Indirect Cost Rate Proposals must be approved by the applicable Cognizant Federal agency. Pursuant to 2 CFR 200.19, the cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals on behalf of all Federal agencies. This is not necessarily the same as the cognizant agency for audit purposes. For assignments of cognizant agencies see the following: 1. For IHEs: Appendix III to Part 200-Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs), paragraph C.11. 2. For non-profit organizations: Appendix IV to Part 200-Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Non-Profit Organizations, paragraph C.12. 3. For state and local governments: Appendix V to Part 200-State/Local Governmentwide Central Service Cost Allocation Plans, paragraph F.1. 4. For Indian tribes: Appendix VII to Part 200-States and Local Government and Indian Tribe Indirect Cost Proposal, paragraph D.1. ADOT will not reimburse indirect costs if an Indirect Cost Plan is not in place. Indirect costs, as defined in 2 CFR 200 et seq. are costs that are: 1. incurred for a common or joint purpose benefiting more than one cost objective; 2. not readily assignable to the cost objectives specifically benefited without effort disproportionate to the results achieved; and 3. originating in the grantee’ department as well as those incurred by other departments in supplying goods, services, and facilities to the grantee department. Cognizance may have multiple meanings. OMB has assigned cognizant audit agencies for State and Local governments. See Federal Register (51 FR 552, Jan 6, 1986). For all other purposes, cognizant agency is defined in federal regulations. Cognizant agency for audit: The Federal agency designated to carry out the responsibilities described in 2 CFR 200.513 Responsibilities, paragraph (a). The cognizant agency for audit is not necessarily the same as the cognizant agency for indirect costs. A list of cognizant agencies for audit may be found at the Federal Audit Clearinghouse Web site. Cognizant agency for indirect costs: The Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under this 2 CFR 200 on behalf of all Federal agencies. The cognizant agency for indirect cost is not necessarily the same as the cognizant agency for audit. For assignments of cognizant agencies see the following: a. For IHEs (Institutes of Higher Education): Appendix III to Part 200-Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs), paragraph C.11. b. For non-profit organizations: Appendix IV to Part 200-Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Non-Profit Organizations, paragraph C.12. c. For State and Local governments: Appendix V to Part 200-State/Local Governmentwide Central Service Cost Allocation Plans, paragraph F.1. d. For Indian tribes: Appendix VII to Part 200-States and Local Government and Indian Tribe Indirect Cost Proposal, paragraph D.1. If an indirect cost plan approved by a Federal cognizant agency has not been received by the time of execution of this Agreement, indirect costs will not be permitted. Subsequent submission of an approved plan will not grant retroactive eligibility of indirect costs; only costs incurred subsequent to ADOT receipt and written acknowledgement of the approved plan will be eligible for indirect costs. In the event that the applying agency primarily receives FTA funds but is not a direct recipient of those funds, ADOT will function as the cost plan approver as delegated by FTA. If ADOT will function as the approver, the indirect cost plan must be in compliance with 2 CFR 200 Appendix V, VI, or VII as applicable and must be received with the signed original of this Agreement. Subsequent requests for ADOT approval within the effective period of this Agreement award will not be accepted. s. Submit program required reports of procurement activities according to the Exhibit labeled: PROCUREMENT AND THIRD PARTY CONTRACT PROVISIONS and submit reports of contract activities via email in a spreadsheet template provided by the ADOT Program Manager. t. As required by 2 CFR 200.336, grant access to and allow review of work records, technical reports, annual reporting, and all data prepared by the SUBRECIPIENT related to the programs under this Agreement. If the State or FTA finds that the work performed fails to Page 5 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... comply with any requirement (e.g. tasks are not conducted in accordance with approved programs or tasks are found to be inconsistent with federal or state guidelines), the State or FTA may use enforcement actions contained in 2 CFR 200.338 to remedy the situation and any other appropriate remedies available at law. IV. MISCELLANEOUS PROVISIONS 1)Term Incorporation: This Agreement is governed according to the laws of the State of Arizona. All cited statutes, public law, executive orders, and policies cited in this Agreement are incorporated by reference as a part of this Agreement. It is SUBRECIPIENT responsibility to ensure that any Agreement between SUBRECIPIENT and its CONTRACTORs for use of grant funds shall incorporate the provisions contained herein. 2)Duration: This Agreement shall become effective upon signature by the parties hereto and shall remain in force and effect until PROJECT satisfaction and completion. Duration of awarded expense/cost Projects are established in Exhibit A. The life of this Agreement will be the earlier of spend-down of the awarded funds or the Eligibility Expiration Date established in Exhibit A unless extended by amendment or as otherwise provided herein plus an additional forty-five (45) days for submission of the final invoice for costs through the last authorized expenditure date of the Agreement. For vehicle PROJECTS, the life of this Agreement shall continue through the useful life of the vehicle(s) as determined by FTA rules and explained under this Agreement’s section titled MISCELLANEOUS PROVISIONS: Liens on Equipment, unless extended by amendment or as otherwise provided herein. For capital facilities Projects, the life of this Agreement shall continue until the federal financial interest in the Project has depreciated. This Agreement may be cancelled at any time prior to the commencement of performance under this Agreement, upon thirty (30) days written notice to the other party. 3)Amendments: This Agreement may be amended upon mutual agreement of the Parties at any time when in the best interest of FTA, STATE, or SUBRECIPIENT. Modifications to Exhibit A describing the details of the approved PROJECT may be modified without adopting a formal amendment to this Agreement; acceptance of the modification shall be indicated on the modified Exhibit A by an authorized signatory from the SUBRECIPIENT. 4)Matching and Federal Funding: PROJECT award amounts and match requirements are indicated in Exhibit A. The SUBRECIPIENT will provide the Match amount and fees required from eligible sources as prescribed in 49 USC Chapter 53 as described in Exhibit B appropriate to the Award(s) in Exhibit A. Wherever the program-specific eligible sources includes third party in-kind contributions, they may be accepted as the match for federal funds, in accordance and compliance with the provisions of 2 CFR 200.306 and 2 CFR 200 Subpart E. ADOT requires match to be applied to specific budget line items. In-kind contributions shall be identified and be accompanied by a narrative description of the service being provided in addition to identification of the organization that will be providing the service. The SUBRECIPIENT shall initiate and complete all actions necessary to provide its share of the PROJECT costs at or prior to the time that such funds are requested and/or required by the STATE. For those match amounts that are estimated pending procurement of the awarded PROJECT equipment, if procured by the STATE, the STATE will notify the SUBRECIPIENT regarding final match requirements, which will be due upon receipt of said notice. The notice will include a modified Exhibit A, which shall be accepted by signature and inserted into this executed Agreement without requiring contract amendment. Match for Project Equipment procured by SUBRECIPIENT shall be indicated in and deducted from the request for reimbursement. For those items with estimated amounts pending procurement that is to be completed by the SUBRECIPIENT, the estimated pricing shall be considered not-to-exceed pricing specific to the quantity and description of identified items including the prescribed match requirements. Any needed or desired variation from quantity, description, or pricing must be requested in writing and approved by the Program Manager prior to procurement. Approvals will result in a modified Exhibit A being issued with updated approved not-to-exceed award, pricing, and match indicated. Without advance approval, SUBRECIPIENT is responsible for all of the increased price or quantity procured. In the event that this Agreement is terminated after matching and/or administrative funds have been issued to and deposited by the STATE, there is no guarantee of timeframe for refund of match funds, and refund shall not occur prior to the reassignment of the PROJECT award to another eligible agency and payment by that agency of any required matching funds. Remitted administrative fees are non-refundable except when this Agreement is terminated by ADOT or the STATE at no fault of the SUBRECIPIENT. In circumstances where the designated SUBRECIPIENT cannot accept delivery of the Project Equipment or where surrender of equipment is required, said equipment will be reassigned. Refund of capital match will be based on current fair-market value at the time of surrender less the cost of any repairs or modifications required to affect reassignment to another recipient and/or program. 5)Availability of Funds: Every payment obligation of STATE under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by STATE at the end of the period for which the funds are available. No liability shall accrue to STATE in the event this provision is exercised, and STATE shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 6)Liens on Equipment: The purchase of PROJECT equipment shall be undertaken by the STATE on behalf of the SUBRECIPIENT unless otherwise indicated in Exhibit A. The PROJECT equipment shall be titled in the name of the SUBRECIPIENT. To the extent of financial assistance provided, the STATE shall hold a first lien on all rolling stock acquired under this agreement in the amount of the federal share of the equipment cost. The lien placed on vehicle equipment shall remain in effect through the useful life of the vehicle, as explained in the current Program Guidebook unless this agreement is otherwise terminated under terms of this Agreement. 7)Property and Equipment, Use, Inventory, and Disposal: Title to real property under a grant will vest under acquisition in the SUBRECIPIENT or their CONTRACTOR as applicable. The procurement, use, and disposition of real property and equipment shall be consistent with the program-approved use and in accordance with the requirements of 2 CFR 1201.313, 2 CFR 200.313, ADOT Policy FIN- 11.08, and Federal Property Management Standards which is herein incorporated by reference and made a part of this Agreement. The SUBRECIPIENT agrees to inventory, to maintain records of, and to insure the proper use, control, and disposal of all property, equipment, computer hardware, and furniture, acquired pursuant to funding under this Agreement. Except as otherwise provided by statute, property and equipment shall be used for the originally authorized purposes as long as needed for that purpose. SUBRECIPIENT shall comply with all requirements and guidance during the course of the lien period, including but not limited to: maintenance of the equipment, annual reporting to the STATE of administrative and vehicle performance data, annual vehicle inspections, timely incident reporting and situation resolution, and other requirements as specified in the State Management Plan and current Program Guidebook. When no longer needed for the originally authorized purpose, the SUBRECIPIENT and/or their CONTRACTOR will request disposition instructions from the STATE. SUBRECIPIENT agrees to inventory, to maintain records of, and to ensure the proper use, control, and disposal of all property and equipment acquired pursuant to ADOT Policy FIN 11.08, incorporated herein by reference. Page 6 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... 8)Modifications and Other Changes to Grant Equipment: Prior to any substantive modifications or other changes made or elimination, reduction, or addition to grant equipment, written approval from an authorized State grant program official must first be obtained. Examples include but are not limited to the elimination of wheelchair positions and additions of ambulatory seating, reduction in number or addition of passenger assist stanchions, rails, steps, secondary manufacturer and aftermarket vehicle components provided by the STATE, and other devices requiring or otherwise exposing or altering mechanical or structural modification to the vehicle. 9)Statutory Compliance: All parties shall comply with all applicable federal, state and local requirements including all applicable provision of Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. 10)Incorporation of Federal Terms: All contractual provisions required by the U.S. Department of Transportation are hereby incorporated by reference. All applicable clauses shown in the FTA Master Agreement apply to this Agreement. This provision shall be incorporated in any sub- recipient, sub-contractor, or lower-tier agreement for which funds from this Agreement shall be used for payment. The Federal Transit Administration Master Agreement can be viewed in its entirety at the link provided on the Exhibit titled: PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION. In addition to other clauses required throughout this Agreement or by State law, the SUBRECIPIENT will include applicable contract provisions in every third-party contract / purchase order using federal funding summarized (but not limited to) the following: (a) The requirements in 2 CFR 200.326, (b) The requirements in 2 CFR 200 Appendix II, (c) FTA funded procurements/contracts: Circular 4220.1F – Third Party Contracting Guidance or its Appendix D, as revised from time to time (d) Any requirements established by a particular funding stream, program, or in funding agency guidelines. 11)Conflict of Interest: Pursuant to 2 CFR 1201.112, the SUBRECIPIENT shall disclose in writing any potential conflict of interest to the State, who shall inform the Federal awarding agency in accordance with applicable Federal awarding agency policy. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511 as regards conflicts of interest on behalf of STATE employees. 12)Recordkeeping: All SUBRECIPIENTs and/or their CONTRACTORs and the parties shall retain all data, books, and other records relating to this Agreement for a period of five years after completion of the Agreement. All records shall be subject to inspection and audit by the STATE at reasonable times as set forth in A.R.S. 35-214, A.R.S. 35-215, 2 CFR 200 et seq., and applicable FTA circulars. 13)Audit: The administration of resources awarded by ADOT to the SUBRECIPIENT may be subject to audits and/or monitoring by ADOT, as described in this section. Monitoring: In accordance with 2 CFR 200.328, ADOT shall monitor all activities performed by its staff or by subrecipients of FTA funds to assure that the work is being managed and performed satisfactorily and that time schedules are being met. Therefore, in addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F, et seq., monitoring procedures may include, but not be limited to: on-site visits by ADOT staff or designees, limited scope audits as defined by 2 CFR 200 Subpart F, et seq., as revised, and/or other procedures. By entering into this Agreement, the SUBRECIPIENT agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by ADOT. In the event ADOT determines that a limited scope audit of the SUBRECIPIENT is appropriate, the SUBRECIPIENT agrees to comply with any additional instructions provided by ADOT staff to the SUBRECIPIENT regarding such audit. The SUBRECIPIENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the ADOT’s Office of Audit and Analysis, ADOT’s Office of the Inspector General (OIG) and ADOT’s Financial Management Services. It is the responsibility of the SUBRECIPIENT to monitor their sub-recipients. Federally funded: Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in 2 CFR 200 Subpart F, et seq., as revised) are to have audits done annually using the following criteria: a. In the event that the SUBRECIPIENT or their sub-recipient expends $750,000 or more in Federal awards in its fiscal year, the SUBRECIPIENT and their sub-recipient must have a Single Audit conducted in accordance with the provisions of 2 CFR 200 Subpart F, et seq., as revised. In determining the Federal awards expended in its fiscal year, the SUBRECIPIENT and their sub-recipient shall consider all sources of Federal awards, including Federal resources received from ADOT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200 Subpart F, et seq., as revised. An audit of the SUBRECIPIENT conducted by the Arizona Auditor General or an independent auditor in accordance with the provisions 2 CFR 200 Subpart F, et seq., as revised, will meet the requirements of this part. In connection with the audit requirements the SUBRECIPIENT shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508, et seq. b. If the SUBRECIPIENT expends less than $750,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200 Subpart F, et seq., as revised, is not required. However, if the SUBRECIPIENT elects to have an audit conducted in accordance with the provisions of 2 CFR 200 Subpart F, et seq., as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from SUBRECIPIENT resources obtained from other than Federal entities). If the SUBRECIPIENT is exempt from the Federal audit requirements, pursuant to 2 CFR 200.501(d), records must be available for review or audit by appropriate officials. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the awarding federal agency, and percentage of federal participation. In compliance with 2 CFR 200.507, et seq., the audit shall be completed and the report must be submitted within 30 days after receipt of the auditor’s report(s), or nine (9) months of the end of the audit period. The SUBRECIPIENT shall follow up and take corrective action on audit findings. Preparation of summary schedule of prior year audit findings, including corrective action, a timetable for resolution, and current status of the audit findings are required to be submitted to ADOT. Current year audit findings require corrective action, a timetable for resolution, and status of findings will also be reported to ADOT. If the SUBRECIPIENT fails to take corrective action, ADOT will make a determination to: a. make financial adjustments to the allocated Federal funding as determined appropriate, up to and including repayment by the SUBRECIPIENT of disallowed costs, or b. ADOT may take other action as determined appropriate. If the SUBRECIPIENT has not completed corrective action, a timetable for follow-up should be provided. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to ADOT and the Arizona Auditor General. This section does not limit the authority of ADOT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of Page 7 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... any other state official. Audit Report submission: Copies of reporting packages for audits conducted in accordance with 2 CFR 200 Subpart F, et seq., as revised, and required by this section titled AUDIT shall be submitted when required by 2 CFR 200 Subpart F, et seq., as revised, directly to each of the following: a. singleaudit@azdot.gov b. The Federal Audit Clearinghouse (FAC) designated in 2 CFR 200.512 et seq., at https://harvester.census.gov/facweb/ c. Other Federal agencies and pass-through entities in accordance 2 CFR 200 Subpart F, et seq. as revised. Pass-Through Entity is defined as a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200.74). Copies of written communication between the SUBRECIPIENT and the independent auditor in compliance with the Statement on Auditing Standards No 114 and as required by this section titled AUDIT of this agreement shall be submitted by or on behalf of the SUBRECIPIENT directly to: a. ADOT at the following address: Arizona Department of Transportation 206 S. 17th Ave. MD310B Phoenix, AZ 85007 b. Any written communication required to be submitted to ADOT pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200 Subpart F, et seq.. c. SUBRECIPIENT, when submitting financial reporting packages to ADOT for audits done in accordance with 2 CFR 200 Subpart F, et seq. should indicate the date that the reporting package was delivered in correspondence accompanying the reporting package. If the amount of FTA funds granted to a particular SUBRECIPIENT does not trigger the requirement for an A-133 audit, the State may still request a review. 14)Dispute Resolution / Arbitration: In the event of any controversy, the Parties agree that it is in their mutual best interest to promptly meet with the purpose of resolving said Dispute. In the event that the Parties cannot resolve their dispute informally, the parties hereto agree to abide by required arbitration as set forth for in Arizona Revised Statutes Section 12-1518. 15)Third Party Antitrust Violations: The SUBRECIPIENT assigns to the STATE any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the SUBRECIPIENT toward fulfillment of this Contract. 16)Immigration: To the extent applicable under Arizona Revised Statutes Section 41-4401, each Party and its subcontractors warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under Arizona Revised Statutes Section 23-214(A). A breach of the above-mentioned warranty by any Party or its subcontractors shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by the non-breaching Parties. Each Party retains the legal right to randomly inspect the papers and records of the other Parties or its subcontractor employees who work on the Agreement to ensure that the Parties or its subcontractors are complying with the above-mentioned warranty. 17)Termination for Convenience: Either Party has the right to terminate the Agreement, in whole or in part at any time, when in the best interests of the FTA, SUBRECIPIENT, or STATE without penalty or recourse. 18)Termination for Default: STATE reserves the right to terminate this Agreement in whole or in part due to failure of SUBRECIPIENT to carry out any term, promise, or condition of the Agreement. STATE will issue a written ten (10) day cure notice to SUBRECIPIENT for failure to adequately perform, or if there is reason for STATE to believe that the SUBRECIPIENT cannot or will not adequately perform the requirements of the Agreement. If SUBRECIPIENT does not submit a Corrective Action Plan to the satisfaction of STATE within the ten (10) day period, then STATE may pursue action in accordance with the Agreement Article titled: Arbitration. 19)Transparency Act: Because ADOT receives federal funds, ADOT is required to comply with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments. ADOT is required to report awards to subrecipients when they exceed $25,000 in funding. ADOT is not currently aware of reporting requirements that might become required from SUBRECIPIENTS. Should requirements be stipulated wherein information is required from SUBRECIPIENTS, such information will be requested. The SUBRECIPIENT herein agrees that in a timely manner, and in the method specified by the STATE, the SUBRECIPIENT will provide information that is requested by the STATE to enable the STATE’s compliance with the requirements as may be applicable. 20)Federal Certifications and Assurances for FTA Assistance Programs: Pursuant to 49 U.S.C. 5323(n), the FTA consolidated the certifications and assurances required by Federal law or regulations for its programs. On an annual basis, any agency with an active FTA capital or formula project must provide an affirmation by SUBRECIPIENTs attorney pertaining to the SUBRECIPIENTs legal capacity. The SUBRECIPIENT must agree to comply with all categories applicable to ADOT, who is considered to be the APPLICANT and SUBRECIPIENT of the funds by FTA, regardless of current applicability of the initial award under this Agreement. This is to ensure that should the category become applicable during the life of the Agreement, the SUBRECIPIENT will comply. The FTA Certifications and Assurances will be provided to the SUBRECIPIENT under separate packet as they are released by the FTA and subsequent to ADOT filing agreement. Continuation of this Agreement shall be contingent on completion and submission of that packet within the deadline expressed at time of distribution. The FTA Certifications and Assurances, as modified and accepted each year shall be considered incorporated into this Agreement by reference. The Parties understand and agree that not every provision of these twenty-four (24) Certifications and Assurances will apply to every Applicant or every Project. The type of Project and SUBRECIPIENT will determine which Certifications and Assurances apply. SUBRECIPIENT also understands and agrees that these Certifications and Assurances are pre-award requirements, generally required by Federal law or regulation, and do not include all Federal requirements that may apply. Our FTA Master Agreement, available at the link provided on the Exhibit titled: PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION, contains a list of most of those requirements. SUBRECIPIENT is ultimately responsible for compliance with the Certifications and Assurances that apply to it or its Project, even if a Page 8 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... Subrecipient or other Third Party Participant may be involved in your Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage SUBRECIPIENT to take the appropriate measures, including, but not limited to, obtaining sufficient documentation from each SUBRECIPIENT and other Third Party Participant to assure the validity of applicable Certifications and Assurances. SUBRECIPIENT understands and agrees that when applying for funding on behalf of a consortium, joint venture, partnership, or team, SUBRECIPIENT must identify the activities each member will perform and the extent to which each member of that consortium, joint venture, partnership, or team will be responsible for compliance with the Certifications and Assurances, except as FTA determines otherwise in writing. The FTA Certification and Assurances required of ADOT and its SUBRECIPIENTS are issued annually subsequent to ADOT signing the same. They are available for viewing in the E-Grant system and are incorporated herein by reference. Completion and Signing of this FTA Certification and Assurances document is a requirement and a condition to receive federal funding through ADOT and does not relieve the SUBRECIPIENT of any obligation of other certifications or assurances required in any application or contracting process, and should be treated as an addition to such certifications and assurances. 21)Entire Agreement: This Agreement may be amended, modified, or waived only by an instrument in writing signed by both Parties. Should the PROJECT awarded under this Agreement be completed at a lower cost than the amount awarded, or for any other reason should any of these funds not be expended, or expended in other than in strict accordance with the terms and conditions of this Agreement, a proportionate amount of the funds provided shall be reimbursed to the STATE. Except as identified in the PROJECT the SUBRECIPIENT shall not assign any portion of the PROJECT or execute any agreement, contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the STATE. 22)Israel Boycott Not Permitted: Legislation has been enacted to prohibit the State from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01, the SUBRECIPIENT warrants that it is not engaged in a boycott of Israel as defined in A.R.S. 35-393 et seq. In Jordahl v. Brnovich et al., Case No. 3:17-cv-08263 (D. Ariz.), the U.S. District Court entered a preliminary injunction, attached, that enjoins the State from enforcing A.R.S. § 35-393.01(A) (the “Anti-Israel Boycott Provision”). That statute states that: “[a] public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.” V. SECURITY AGREEMENT 1) In consideration of the funded PROJECT equipment identified in Exhibit A including any equipment added, and conveying title thereto, the SUBRECIPIENT hereby grants ADOT a security interest in the PROJECT equipment in the amount indicated in Exhibit A as the “Federal Portion” payable to the Department upon its demand, if and only if: a.The SUBRECIPIENT by itself or any agent sells, transfers, offers or attempts to sell or transfer, in whole or in part, the PROJECT equipment, or, b. The PROJECT equipment is totally destroyed or is lost, stolen or otherwise disappears, or, c. This Agreement by and between the STATE and the SUBRECIPIENT is terminated. 2) In the event of the occurrences described in Articles V.1.a or V.1.c, the SUBRECIPIENT shall be liable for no more than the fair market value of the PROJECT equipment on the date of the occurrence of such event. 3) In the event the PROJECT is totally destroyed, lost, stolen, or disappears, the obligation herein may be extinguished by assigning to ADOT the proceeds of insurance covering such an event, provided the assignment and the ultimate payment is equal to the fair market value of the PROJECT equipment on the date of occurrence of such event. 4) Upon the occurrence of any other event described herein which would allow the STATE to demand payment under this agreement, the obligation assured herein may be extinguished by assigning the herein PROJECT equipment to ADOT in as good a condition as when received, normal wear and tear excepted, thereby no longer having any further obligation to reimburse the STATE should the STATE exercise its right to terminate the agreement under the Agreement Articles titled: Termination for Convenience and/or Termination for Default. ADOT may refuse to accept such assignment, if in its sole judgment the PROJECT equipment has been abused or is in such condition as to substantially impair its value. 5) During the useful, economical life of the PROJECT equipment, as defined in the current Program Guidebook and Application for the grant year, the equipment may be surrendered to ADOT subject to stipulated terms and ADOT acceptance, and the obligation herein will be extinguished. 6) In the event of a vehicle transfer back to ADOT during useful life, the Secondary Manufacturer and Aftermarket Vehicle Components, in addition to the original equipment manufacturer (OEM) components (as supplied by the manufacturer or vendor to the STATE or ADOT) or their equivalent—must remain with the vehicle as delivered by ADOT to the SUBRECIPIENT and are considered to be included in the lien. 7)Secondary Manufacturer and Aftermarket Vehicle Components As Part of the Lien for Lift-Equipped Vehicles: In addition to the Original Equipment Manufacturer (OEM—i.e., Ford, Dodge, Chevrolet, etc.) chassis, the Secondary Manufacturer adds to this chassis the following equipment, non-inclusive, which are considered part of the vehicle and therefore remain on lien with the vehicle, along with OEM components (Note: as a part of the vehicle modifications, the Secondary Manufacturer may also remove some OEM parts, replacing with after-market items): a. Fast idle system, after-market alternator (200A) replacing OEM unit, related wiring, accessory drive belts and pulleys (varies by vehicle type, alternator and A/C compressor configuration), inside vehicle-located electrical fuse, fuse block and breaker box with key(s), b. Under-hood or elsewhere on chassis, dual deep cycle marine batteries, in some vehicles combined with an isolator system, c. Adjacent to, behind and above the front windshield area, a separate or modified body which is manufactured and installed in the driver and passenger compartment area to accommodate the driver, his/her vehicle and accessory system controls, and passenger, mobility- device and safety equipment. This body construction or modification typically includes related after-market windows, passenger service entry door(s), emergency rear door(s), and emergency exit/access door (i.e., hatch, roof mounted). The degree to which OEM equipment and body parts (including doors, windows, etc.) are removed permanently by the secondary manufacturer for the latter’s vehicle modification purposes varies by whether the vehicle is a dual-rear wheel cutaway or single rear wheel raised roof lift van, Page 9 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... d. Passenger (and on some vehicles, driver’s) seats and, where required, seat belts, e. Passenger ingress, egress and other assist stanchions and handrails, modesty panels, f. Wheelchair lift door, lift mechanism and related control apparatus at the lift and driver area, related transmission/brake interlock equipment preventing unwanted motion of the vehicle when door is ajar and/or lift is otherwise in operation, g. Wheelchair position components, related restraint and securement belts and belt storage, h. Added springs or other weight compensating devices to suspension, i. Additional equipment related to dual battery installation (in some units), j. Basic first aid kit and other emergency/safety items, typically including flares, reflector triangles and fire extinguisher, wide-view internal rearview mirror, and outside rearview “RV-style” mirrors, internal and external lighting for lift, access doors and interior of vehicle, reverse alarm (some vehicles), k. Rear heater and related lines and under-body flow controls, l. Air conditioning equipment for rear passenger area including added condenser(s) (street-side “skirt” mounted), rear compartment evaporator, related refrigerant lines, air outlets and controls, on some units added (second) compressor and related belts and pulleys. m. If the SUBRECIPIENT-agency returning the vehicle to ADOT is uncertain regarding any particular component, it may contact ADOT or the issuing vendor regarding that component(s). The SUBRECIPIENT should otherwise assume that any component supplied on or with the vehicle at the time of delivery to the SUBRECIPIENT should be returned to ADOT in its originally-removed state. n. Other equipment purchased for the Project equipment is to remain with equipment or otherwise be surrendered to ADOT. 1. Exception: After-market communication radios or other communication equipment added to the Project equipment, if ADOT agrees that the SUBRECIPIENT should have further legitimate use of that communication equipment, may be retained by the SUBRECIPIENT or surrendered to ADOT, to be designated by the Program Manager. o. This list includes only “major” items added by the after-market supplier and shall not be considered all-inclusive. The vendor and ADOT retain on file complete parts listings that will be reviewed by ADOT upon return of the vehicle to ADOT and/or prior to transfer of the vehicle to another recipient agency. 8) This security agreement and its terms shall not inure to the benefit of any assignee, purchaser for value, or any other person acquiring an interest herein, and this security interest herein created shall not be extinguished until and unless the STATE receives the fair market value of the PROJECT equipment on the date of assignment, purchase, or acquisition of other interest. VI. COMPLIANCE WITH MANUFACTURER’S MAINTENANCE SCHEDULE By signing this Agreement, the SUBRECIPIENT of Project Rolling Stock award(s) agrees to abide by the vehicle manufacturer's schedule of maintenance, at a minimum, during the period this vehicle is operated in conjunction with the Arizona Department of Transportation, or its successor agency. Additionally, the ADA requires that: Public and private entities providing transportation services shall maintain in operative condition those features of facilities and vehicles that are required to make them readily accessible to and usable by, individuals with disabilities. These features include but are not limited to, lifts and other means of access to vehicles, securement devices, signage and systems to facilitate communications with persons with impaired vision or hearing. Accessibility features must be repaired promptly if they are damaged or out of order. When an accessibility feature is out of order, the entity must take reasonable steps to accommodate individuals with disabilities who would otherwise use the feature. A system of regular and frequent maintenance checks of lifts is required. If a lift fails to operate when in service, the ADA requires the vehicle be taken out of service before the beginning of the vehicle’s next service day. The lift must then be repaired before the vehicle returns to service. If a contract operator is used for ADA-related service, the SUBRECIPIENT must ensure the contractor notifies the SUBRECIPIENT immediately of any failure of the lift to operate in service. If there is no spare vehicle to take the place of a vehicle with an inoperable lift, the SUBRECIPIENT may keep the vehicle in service for no more than five days if it serves an area of 50,000 or less population, or three days if it serves an area of 50,000 or more population. VII. GENERAL ASSURANCES 1) The SUBRECIPIENT is an agency that has been designated as eligible for the Award(s) described in the Application and/or Exhibit A pursuant to the program relevant section of 49 USC. 2) The SUBRECIPIENT assures that it has the legal, financial, and technical capacity to carry out its proposed Project described herein, including safety and security aspects of that program. 3) The SUBRECIPIENT will have satisfactory continuing control over the use of project equipment and facilities. 4) The SUBRECIPIENT has or will have prior to procurement, sufficient funds to provide the local match and any required fees for the equipment purchased under this contract and to operate and maintain the vehicles or equipment purchased under this project. Page 10 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... 5) The SUBRECIPIENT assures affirmative compliance with Title VI of the Civil Rights Act of 1964 – Nondiscrimination in the Provision of Service (FTA C 4702.1; FTA C 9040.1E; and FTA C 9070.1E). 6) The transportation needs of elderly persons and persons with disabilities have or will be addressed by the SUBRECIPIENT, pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794). 7) The SUBRECIPIENT has demonstrated and will continue to demonstrate efforts to achieve coordination with other transportation providers, including social service agencies capable of purchasing service. The SUBRECIPIENT has participated in the development of a local coordinated public transit human services transportation plan for the area(s) in which project vehicles will be used. 8) Private transit and paratransit operators and the public have been afforded a fair and timely opportunity to participate to the maximum extent feasible in the provision of the proposed transportation services by the SUBRECIPIENT. 9) The SUBRECIPIENT assures that it will comply with applicable provisions of the Americans with Disabilities Act (ADA), (Public Law No. 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act including 28 CFR parts 35-36, and applicable provisions of 49 CFR Parts 27, 37 and 38: Transportation for Individuals with Disabilities; Final Rule. The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding “Non-Discrimination”. 10) The SUBRECIPIENT will comply with the applicable provisions of the guidelines relative to charter bus service (Title 49 CFR Part 604) and school bus operations (Title 49 CFR Part 605; Title 49 USC 5323(f)). 11) The SUBRECIPIENT assures that it will comply with all applicable Federal statutes and regulations in carrying out any project supported by an FTA grant or cooperative agreement. The SUBRECIPIENT agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative agreement issued for its project with FTA. The SUBRECIPIENT recognizes that Federal laws and regulations may be modified from time to time and those modifications may affect project implementation. The SUBRECIPIENT understands that Presidential executive orders and Federal directives, including Federal policies and program guidance may be issued concerning matters affecting the SUBRECIPIENT or its project. The SUBRECIPIENT agrees that the most recent Federal laws, regulations, and directives will apply to the project, unless FTA issues a written determination otherwise. 12) The SUBRECIPIENT agrees that reimbursement of any cost in accordance with the indicated payment methods for its Award does not constitute a final FTA decision about the allowability of that cost and does not constitute a waiver of any violation by the SUBRECIPIENT of the terms of its Award. If the Federal Government determines that the SUBRECIPIENT is not entitled to receive any part of the federal assistance requested, the Federal Government will notify the SUBRECIPIENT stating the reasons. Closeout of the Award will not alter the SUBRECIPIENT’s obligation to return any federal assistance due to FTA as a result of later refunds, corrections, or other transactions. Nor will closeout of the Award alter FTA’s right to disallow costs and recover federal assistance on the basis of a later audit or other review. Unless prohibited by law, FTA may offset any federal assistance to be made available under its Award necessary to satisfy any outstanding monetary claims that FTA may have against the SUBRECIPIENT. Exceptions pertaining to disallowed costs are set forth in FTA directives or in other written federal guidance. VIII. DRUG FREE WORKPLACE In accordance with the Drug-Free Workplace Act of 1988 (41 USC 701 et. seq. and 49 CFR Part 32 et seq., each SUBRECIPIENT is required to maintain a drug-free workplace for all employees and to have an anti-drug policy and awareness program. Grant direct recipients must agree that it will provide a drug-free workplace and comply with all requirements of 49 CFR Part 32 et seq. The STATE requires compliance by SUBRECIPIENTs. The SUBRECIPIENT certifies that it will provide a drug-free workplace by: 1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the SUBRECIPIENT’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2) Establishing an ongoing drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The SUBRECIPIENT's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations in the workplace. 3) Making it a requirement that each employee to be engaged in the performance of the grant or cooperative agreement be given a copy of the statement required by paragraph (1); 4) Notifying the employee in the statement required by paragraph (1) that, as a condition of employment under the grant or cooperative agreement, the employee will: a. Abide by the terms of the statement; b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5) Notifying the STATE in writing, within ten calendar days after receiving notice under subparagraph (4.b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every project officer or other designee on whose project activity the convicted employee as working, unless the Federal agency has designated a cartel point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant or cooperative agreement. 6) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (4.b), with respect to any employee who was convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 11 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. IX. CERTIFICATION ON RESTRICTIONS ON LOBBYING The SUBRECIPIENT (excluding Federally recognized Tribal governments, (Tribes, Nations, Communities) and its representative hereby certify to the Arizona Department of Transportation, that to the best of my knowledge and belief: 1) No Federal appropriated funds have been or will be paid by or on behalf of the SUBRECIPIENT to any person to influence or attempt to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of Federal assistance, or the extension, continuation, renewal, amendment, or modification of any Federal assistance agreement; and a. If any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for Federal assistance, the SUBRECIPIENT assures that it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. b. The language of this certification shall be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, sub agreements, contracts under grants, loans, and cooperative agreements). 2) The SUBRECIPIENT understands that this certification is a material representation of fact upon which reliance is placed by the Federal Government and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S.C. 1352. The SUBRECIPIENT also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. X. DEBARMENT, SUSPENSION, RESPONSIBILITY MATTERS FOR PRIMARY AND LOWER TIER COVERED TRANSACTIONS The SUBRECIPIENT agrees to comply, and assures the compliance of each third-party contractor and sub-recipient at any tier, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Governmentwide Debarment and Suspension Non- procurement)," and CFR 200.212. The SUBRECIPIENT agrees to and assures that its third party contractors and sub-recipients will review the Excluded Parties Listing System available at the link provided on the Exhibit titled PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION before entering into any contracts. In accordance with the provisions of U.S. Department of Transportation (U.S. DOT) regulations on Government wide Debarment and Suspension (Nonprocurement) at 49 CFR 25.510, the SUBRECIPIENT (Primary Participant) certifies to the best of its knowledge and belief, that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes; making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in paragraph 2 of this certification, and; 4) Have not within a three year period preceding this application had one or more public transactions (Federal, state or local) terminated for cause or default. The SUBRECIPIENT (Primary Participant) certifies that if it becomes aware of any later information that contradicts the statements in paragraphs 1 through 4 above, it will promptly inform FTA. Should the SUBRECIPIENT (Primary Participant) be unable to certify to statements set forth in paragraphs 1 through 4 above, it shall so acknowledge with its signature and provide a written explanation to FTA. XI. ARIZONA ELECTRONIC TRANSIT GRANT MANAGEMENT SYSTEM (E-Grants) The STATE has implemented an electronic transit grant management system, titled “E-GRANTS”. The SUBRECIPIENT agrees to submit all related documents through that system as required and requested by the STATE. The SUBRECIPIENT further agrees that any scanned documents attached in E-Grants shall comply with minimum 300 dpi scanning requirements, be clearly legible, and in PDF format. The STATE certifies that the electronic signatures comply with ARS 41-132 and ARS 44-7031. The SUBRECIPIENT agrees that pursuant to ARS 41-132, any electronic signature processed through E-GRANTS has the same force and effect as a written signature and shall be considered a valid original pursuant to ARS 11-487.02. The following rules apply for E-Grant users: 1. Password setup--Minimum 8 characters where the complexity is 3 of 4 [Upper alpha, lower alpha, numeric, and symbols]. a. External users will be required to register their user name and password on the system. This username and password will be tied to an email account. Users in the ‘ADOT System Administrator’ role will be required to approve the users before they can be set up. b. There will be an administrator role within the Entity Organization, ‘Agency Administrator’ which shall be able to grant role and access privileges to the registered user. The ‘Agency Administrator’ shall be able to deactivate any user at any given time. Page 12 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... 2. Passwords expire every 60 days and must be reset. a. When a password has expired, the user will be redirected to the Profile page on login, and forcing a new password to be set before they can leave the profile page. 3. Lockout based on unsuccessful attempts – Following 5 unsuccessful login attempts, the account will be locked out from use for a minimum of 20 minutes. 4. The system will disable user accounts that have not been used for 6 months. a. By default, any account that has not been used in the last 6 months shall be disabled. The system shall send automatic reminders 2 week prior to such date every year, informing the user to login or else the account will be disabled. The system shall also automatically reactivate users that have used in the account in the last 6 months. b. To reactivate an account that has been disabled, the user will have to go to a screen which will be similar to the ‘Forgot password’ screen. They will have to provide their user name and the email address they used when they registered to authenticate themselves. The account shall be added to the pool of accounts that need to be reactivated. c. The ‘ADOT System Administrator’ will be able to verify all the accounts that need to be reactivated and have the ability to go in and make them ‘active’ by setting an ‘active date’ when applicable. Navigation Links Status Page Name Note Created By Last Modified By Grant Agreement / Exhibits Grant Agreement Hawbaker, Jon 2/20/2019 11:57:16 AM Hawbaker, Jon 3/12/2019 8:22:56 AM Signature Page for Grant Agreement Hawbaker, Jon 2/20/2019 12:01:13 PM Attorney Determination Hawbaker, Jon 2/20/2019 11:52:45 AM Upload Hawbaker, Jon 3/12/2019 7:31:24 AM Exhibit A Hawbaker, Jon 2/20/2019 11:54:34 AM Hawbaker, Jon 3/12/2019 7:31:57 AM Exhibit B 5310 Hawbaker, Jon 2/20/2019 11:54:53 AM Exhibit C Responsibility Matrix Hawbaker, Jon 2/20/2019 11:55:08 AM Exhibit D Procurement Hawbaker, Jon 2/20/2019 11:55:33 AM Exhibit E Civil Rights Hawbaker, Jon 2/20/2019 11:56:00 AM Exhibit F DBE Hawbaker, Jon 2/20/2019 11:56:22 AM Exhibit G Insurance Hawbaker, Jon 2/20/2019 11:56:49 AM Exhibit H NonTribal Hawbaker, Jon 2/20/2019 12:08:28 PM 37764 Top of the Page Powered by IntelliGrants ®© Copyright 2000-2019 Agate Software, Inc. Page 13 of 13IntelliGrants - Document Page 3/12/2019https://egrants.azdot.gov/ObjectPage2.aspx?omnID=93629&pgeID=28272&opgID=37764... 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 APPLICATION SELECTION What type of Project(s) are you applying for? (Select 'Yes' for all that apply) Yes Vehicle(s) Yes Do you have a current fleet of vehicles? Yes Other Capital-No Vehicles (Equipment, Preventive Maintenance) No Operating-No Preventive Maintenance Yes aNo Mobility Management Yes Do you provide a transportation service? Page 1 of 104/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 1 APPLICANT AGENCY NAME Town of Oro Valley PROJECT SUMMARY 1 Project Title Vehicle Lift Preventative Maintenance Year 1 Priority Number 1 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 1 Brief Description of Proposed Project The Town of Oro Valley Dial-a-Ride (TOV DAR) service maintains a fleet of 28 vehicles. This fleet has 21 vehicles with Braun and Ricon lifts and seven vehicles with ramps for mobility device access. The town maintains an aggressive lift preventative maintenance program which is required to comply with manufacturer and FTA requirements . This program of significant expense ensures that ADA riders of all ages and senior riders age 65 and older are transported safely and without compromise. Project Type Other Capital Primary Area Served: Urban COG/MPO Region PAG Funding Request Amount FTA Request: $5,824 Local Match: $1,456 Total Cost: $7,280 Funding Request Amount FTA Request: $0 A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $0 Total Cost: $0 Page 1 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 1 2 Project Title Cutaway with Lift to Replace VIN 5415 Priority Number 2 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 2 Brief Description of Proposed Project The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS0GDC05415, that will be entering its seventh year of service and is projected to have in excess of 164,000 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA . The TOV coordinates trips with the Sun Van and Pima County when jurisdiction overlaps. Project Type Vehicles Primary Area Served: Urban COG/MPO Region PAG Funding Request Amount FTA Request: $0 Local Match: $0 Total Cost: $72,462 Funding Request Amount FTA Request: $56,833 Cutaway With Lift – 14 Passenger A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $15,629 Total Cost: $72,462 Page 2 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 1 3 Project Title Cutaway with Lift to Replace VIN 5416 Priority Number 3 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 2 Brief Description of Proposed Project The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS2GDC05416, that will be entering its seventh year of service and is projected to have in excess of 180,000 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA . The TOV coordinates trips with the Sun Van and Pima County when jurisdiction overlaps. Project Type Vehicles Primary Area Served: Urban COG/MPO Region PAG Funding Request Amount FTA Request: $0 Local Match: $0 Total Cost: $72,462 Funding Request Amount FTA Request: $56,833 Cutaway With Lift – 14 Passenger A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $15,629 Total Cost: $72,462 Page 3 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 1 4 Project Title Cutaway with Lift to Replace VIN 5417 Priority Number 4 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 2 Brief Description of Proposed Project The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS4GDC05417, that will be entering its seventh year of service and is projected to have in excess of 171,500 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA . The TOV coordinates trips with the Sun Van and Pima County when jurisdiction overlaps. Project Type Vehicles Primary Area Served: Urban COG/MPO Region PAG Funding Request Amount FTA Request: $0 Local Match: $0 Total Cost: $72,462 Funding Request Amount FTA Request: $56,833 Cutaway With Lift – 14 Passenger A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $15,629 Total Cost: $72,462 Page 4 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 1 5 Project Title Cutaway with Lift to Replace VIN 5419 Priority Number 5 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 2 Brief Description of Proposed Project The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS8GDC05419, that will be entering its seventh year of service and is projected to have in excess of 181,500 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA . The TOV coordinates trips with the Sun Van and Pima County when jurisdiction overlaps. Project Type Vehicles Primary Area Served: Urban COG/MPO Region: PAG Funding Request Amount FTA Request: $0 Local Match: $0 Total Cost: $72,462 Funding Request Amount FTA Request: $56,833 Cutaway With Lift – 14 Passenger A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $15,629 Total Cost: $72,462 Please upload project Service Area Map (s). Must upload at least one map. https://egrants.azdot.gov/_Upload/37706_894408-OroValleyDARSSBrochureFeb2019.pdf Page 5 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 1 SECTION 5310 PROJECT FUNDING REQUESTS (Dollar Amounts from all pages are included in the table .) OPERATING (ALL PROJECTS) CAPITAL (ALL PROJECTS) MOBILITY MANAGEMENT (ALL PROJECTS) FTA REQUEST(S) LOCAL MATCH TOTAL FTA REQUEST(S) LOCAL MATCH TOTAL FTA REQUEST(S) LOCAL MATCH TOTAL $0 $0 $0 $305,991 $83,602 $389,593 $0 $0 $0 TOTALS FTA REQUEST(S) LOCAL MATCH TOTAL $305,991 $83,602 $389,593 Page 6 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 2 APPLICANT AGENCY NAME Town of Oro Valley PROJECT SUMMARY 1 Project Title Cutaway with Lift to Replace VIN 5422 Priority Number 6 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 2 Brief Description of Proposed Project The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS8GDC05422, that will be entering its seventh year of service and is projected to have in excess of 170,000 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA . The TOV coordinates trips with the Sun Van and Pima County when jurisdiction overlaps. Project Type Vehicles Primary Area Served: Urban COG/MPO Region PAG Funding Request Amount FTA Request: $0 Local Match: $0 Total Cost: $72,462 Funding Request Amount FTA Request: $56,833 Cutaway With Lift – 14 Passenger A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $15,629 Total Cost: $72,462 Page 7 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 2 2 Project Title In-Vehicle Cameras Priority Number 7 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 2 Brief Description of Proposed Project The TOV DAR service is in need of in -vehicle cameras to enhance its ability to investigate and determine appropriate actions and solutions when on-bus incidents occur. This project is to purchase and install in-vehicle cameras in the five replacement buses also requested in this grant. Video and audio recordings will improve investigation and enhance development of preventative measures and enhances passenger, driver and public safety. This enhances coordination with the regional ADA office . Project Type Other Capital Primary Area Served: Urban COG/MPO Region PAG Funding Request Amount FTA Request: $10,000 Local Match: $2,500 Total Cost: $12,500 Funding Request Amount FTA Request: $0 A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $0 Total Cost: $0 Page 8 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 2 3 Project Title Vehicle Lift Preventative Maintenance Year 2 Priority Number 8 Project Service Area City(ies): Town of Oro Valley County (Primary Served: Pima Request Year Year 2 Brief Description of Proposed Project The TOV DAR service maintains a fleet of 28 vehicles. This fleet has 21 vehicles with Braun and Ricon lifts and seven vehicles with ramps for mobility device access. The town maintains an aggressive lift preventative maintenance program which is required to comply with manufacturer and FTA requirements . This program ensures that senior riders age 65 and older and ADA riders of all ages are transported safely and without compromise . This program results in significant expense for the town. Project Type Other Capital Primary Area Served: Urban COG/MPO Region PAG Funding Request Amount FTA Request: $6,003 Local Match: $1,501 Total Cost: $7,504 Funding Request Amount FTA Request: $0 A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $0 Total Cost: $0 Page 9 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 2 4 Project Title Priority Number Project Service Area City(ies): County (Primary Served: Request Year Brief Description of Proposed Project Project Type Primary Area Served: COG/MPO Region Funding Request Amount FTA Request: $0 Local Match: $0 Total Cost: $0 Funding Request Amount FTA Request: $0 A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $0 Total Cost: $0 Page 10 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 2 5 Project Title Priority Number Project Service Area City(ies): Town of Oro Valley County (Primary Served: Request Year Brief Description of Proposed Project Project Type Primary Area Served: COG/MPO Region: Funding Request Amount FTA Request: $0 Local Match: $0 Total Cost: $0 Funding Request Amount FTA Request: $0 A 2% Admin fee has been added to capital local match share for vehicles. Local Match: $0 Total Cost: $0 Please upload project Service Area Map (s). Must upload at least one map. https://egrants.azdot.gov/_Upload/37712_894408-OroValleyDARSSBrochureFeb2019.pdf Page 11 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 SUMMARY OF PROJECT AND FUNDING REQUEST(S): 2 SECTION 5310 PROJECT FUNDING REQUESTS (Dollar Amounts from all pages are included in the table .) OPERATING (ALL PROJECTS) CAPITAL (ALL PROJECTS) MOBILITY MANAGEMENT (ALL PROJECTS) FTA REQUEST(S) LOCAL MATCH TOTAL FTA REQUEST(S) LOCAL MATCH TOTAL FTA REQUEST(S) LOCAL MATCH TOTAL $0 $0 $0 $305,991 $83,602 $389,593 $0 $0 $0 TOTALS FTA REQUEST(S) LOCAL MATCH TOTAL $305,991 $83,602 $389,593 Page 12 of 1204/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 PROGRAM INFORMATION 1.Mission. Describe the agency's purpose and services. Transit Services Dial-a-Ride (DAR) is division of the Town of Oro Valley Public Works department . DAR is dedicated to bringing alternative modes of transportation to the Oro Valley community ensuring mobility for seniors age 65 and older and disabled riders of all ages in northern Pima County. The division works with the Regional Transportation Authority (RTA) to ensure the demand response transit service known as the Sun Shuttle Dial-a-Ride functions with the main fixed route Sun Tran system . The Transit Services Division is responsible for directing and monitoring the transit services operated throughout the Town to ensure effective and efficient use of resources . The division plans for the transit infrastructure to support the DAR service and enhance transportation for the community. In partnership with the RTA, Oro Valley continues to offer service to meet transportation demand and refusing to allow vehicle limitations to reduce the Sun Shuttle DAR service capacity. This service addresses our growing population. Registration for the service continues to increase for new senior and disabled riders each year. Within operating constraints, the service carried on average 180 passengers per weekday to work, medical, school and other appointments. 2.Program. Describe the agency's current transportation program or program(s) related to transportation, to include a summary of mobility management activities and what geographic area(s) are served. Oro Valley Sun Shuttle Dial-a-Ride operates as far north as the Town of Catalina and to the southern boundaries of the City of Tucson , we cover a very large area. Our service hours are Weekdays from 6:00 am until 8:00 pm, and weekends/holidays from 9:00 am until 6:00 pm. Weekend service is provided only to ADA certified clients of all ages . Service to both ADA riders of all ages and seniors age 65 and older is provided Monday through Friday. The Town of Oro Valley consists primarily of apartment complexes , single-family homes and retirement communities spread over a mix of tightly developed neighborhoods and large, multi-acre lots. Multiple commercial districts are interspersed throughout the community. The Town also hosts a large biotech park and an aerospace industrial campus . Oro Valley Dial-a-Ride is divided into three operational areas serving the general public, ADA qualified passengers of all ages , and seniors age 65 and older. Passengers qualify for rides within various geographic boundaries based on these three service areas. Attach a MAP of the service area by clicking here : https://egrants.azdot.gov/_Upload/37715_893447-OroValleyDARSSBrochureFeb2019.pdf 3.Service Provider. How is the service delivered? a Applicant Contractor / Agreement If not Applicant, please provide contact information for the agency providing the service to include Name, Address, Phone Number, Email and Contact Individual. Page 1 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 PROGRAM INFORMATION 4.Service Area. Indicate approximate percentage of census designated geographic areas the agency serves. Total percentage should equal 100%. Click the link. Map of Area Types Put your location address in the upper RIGHT corner and press enter . The map will zoom to your location. Click the colored area and the system will show which type of area you work in—rural, small urban, or urban. If you are listed as urban cluster, you are in a rural area. PERCENT OF TOTAL TRIPS TRIP TYPE 100%Urbanized Area %Small Urbanized Area %Rural Area/Urban Cluster 100%TOTAL PERCENTAGE 5.Operations. 5a.What days of the week does your service operate? (e.g. M-F, M, Tu, W, Th, Sa, Su) 7 days a week, Su-Sa. 5b.What hours of the day does your service operate? (e.g. 5 am–7:30 pm) M-F, 6 am - 8 pm. Su and Sa, 9 am - 6 pm. 6.Describe what client base will be serviced by this capital request. 6a.Select the population this capital will serve: Seniors and Persons with disabilities If applicable, describe Other: General Public 6b.Select the population this capital will serve: Client Based & General Public Our clientele is made up of disabled passengers of all ages who qualify for service under the ADA , senior riders age 65 and over and general public riders of all ages. For the month of January 2019 - 76% of our passengers were disabled, 16% were seniors (65 years of age or older) and 8% were general Page 2 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 PROGRAM INFORMATION public riders. There were 4,054 passenger trips in January 2019. There is no eligibility process for the general service area. This area has been expanded to help achieve transportation mobility for passengers of all ages who qualify for service under the ADA and for seniors age 65 years or older. To be eligible for the expanded senior area service the clients register and document their date of birth, passengers must go through the regional ADA office to become qualified for ADA service . 7.Trip Purpose. Indicate approximate percentage of the type of trip(s) the agency offers. Total percentage should equal 100%. PERCENT OF TOTAL TRIPS TRIP TYPE 20% Workforce/Employment Related 29% Medical 8% Education 16% Senior Programs 14% Social, Recreational, Personal 13% OTHER (Describe): ADA programs. 100% TOTAL PERCENTAGE 8.Vehicles. Indicate the number used in the transportation program. (Do not include main / admin service vehicles.) No.DESCRIPTION 28 Full-time 0 Part-time 0 Back-up/spare 28 Total Vehicle Fleet - Revenue Service 28 Of this total, how many vehicles are ADA Accessible (regardless of status in fleet)? 9.[ 0 ] How many accidents did the transportation program have last year? 10.Program Staff. Indicate the number of Staff employed in the transportation program . No.DESCRIPTION No.DESCRIPTION 2 Paid Full Time Drivers 1 Paid Full Time Operation Supervisors 43 Paid Part Time Drivers 2 Paid Part Time Operation Supervisors 0 Volunteer Drivers 1 Paid Full Time Dispatchers 0 Paid Full Time Administrative Staff 2 Paid Part Time Dispatchers 4 Paid Part Time Administrative Staff 0 Mechanics 0 Paid Full Time Mobility Manager 0 Paid Part Time Mobility Manager Attach an organization chart of the transportation section of your organization. Page 3 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 PROGRAM INFORMATION https://egrants.azdot.gov/_Upload/37715_893339-DPWOrgChartTransitPosted.pdf 11.Fare/Donation. Describe the Fare or Donation Structure of the transportation program. Sun Shuttle DAR service collected $118,628 in fares in FY18. The Oro Valley Dial-a-Ride is divided into three operational service areas which serve ADA qualified passengers of all ages , seniors 65 and older and general public riders of all ages. The geographic boundaries of the trip that passengers can take is determined by which service area they qualify for. This geographic area is determined by the RTA . ADA passengers pay $3.20 per trip or if qualified for low income ADA service they pay $1.60 per trip. ADA passengers traveling in the optional service area pay $6.00 per trip or if qualified for low income ADA service they pay $4.00 per trip. Senior riders pay $3.20 per trip in the Oro Valley service area and either $6.00 or $9.00 per trip depending on the destination outside the Oro Valley service area . General public riders pay $3.20 per trip. 12.CURRENT PROJECT / PROGRAM BUDGET 12a.Select one: a Agency Transportation All dollar amount fields under the OPERATING and CAPITAL/MOBILITY Management columns below require a dollar entry. Zeroes are acceptable. 12b.REVENUES DEDICATED FUNDING SOURCES OR CONTRACTS DESCRIPTION OPERATING CAPITAL / MOBILITY MGMT TOTAL a. Local Government Town of Oro Valley FY18 $1,351,759.0 0 $129,565.00 $1,481,324.0 0 b. Local Government RTA Reimbursement FY18 $1,339,272.0 0 $0 $1,339,272.0 0 c. Title III (Older Americans Act) - AAA $0 $0 $0 d. TANF (Temporary Assistance to Needy) $0 $0 $0 e. Medicaid / AHCCCS $0 $0 $0 Other a.$0 $0 $0 b.$0 $0 $0 c.$0 $0 $0 d.$0 $0 $0 e.$0 $0 $0 Page 4 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 PROGRAM INFORMATION TOTAL DEDICATED FUNDING SOURCES OR CONTRACTS $2,691,031.0 0 $129,565.00 $2,820,596.0 0 FTA FUNDING SOURCES OPERATING CAPITAL / MOBILITY MGMT TOTAL FTA Section 5307 $0 $0 $0 FTA Section 5310 $0 $45,875.00 $45,875.00 FTA Section 5311 $0 $0 $0 TOTAL FTA FUNDING SOURCES $0 $45,875.00 $45,875.00 OTHER REVENUE SOURCES OPERATING CAPITAL / MOBILITY MGMT TOTAL Passenger Fares $118,628.00 $0 $118,628.00 Private Donations $0 $0 $0 In-Kind Support (list type below) a.$0 $0 $0 b.$0 $0 $0 c.$0 $0 $0 d.$0 $0 $0 e.$0 $0 $0 TOTAL OTHER REVENUE SOURCES $118,628.00 $0 $118,628.00 TOTAL OF ALL REVENUE SOURCES $2,809,659.0 0 $175,440.00 $2,985,099.0 0 12c.EXPENDITURES EXPENSES OPERATING CAPITAL / MOBILITYM GMT TOTAL Salaries and Wages $879,711.00 $0 $879,711.00 Benefits $217,475.00 $0 $217,475.00 Page 5 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 PROGRAM INFORMATION Insurance $32,651.00 $0 $32,651.00 Fuel $150,548.00 $0 $150,548.00 Utilities $46,835.00 $0 $46,835.00 Materials and Supplies (e.g., oil, tires, etc.)$9,489.00 $0 $9,489.00 Vehicle Maintenance and Repair Services $139,772.00 $0 $139,772.00 Contract (purchased) Transit Services $5,068.00 $0 $5,068.00 Leases and Rentals $875.00 $0 $875.00 License Fees and Taxes $8,235.00 $0 $8,235.00 Administrative Costs $17,282.00 $0 $17,282.00 Vehicle Depreciation $0 $0 $0 Miscellaneous (explain type below)$215,548.00 $64,565.00 $280,113.00 TOTAL EXPENSES $1,723,489.0 0 $64,565.00 $1,788,054.0 0 Explain the miscellaneous expenditures the agency/transportation program has that are not itemized in the categories above. Other miscellaneous expenditures included expenses for non-capitalized equipment, vehicle replacement, building improvements and equipment. Page 6 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 CIVIL RIGHTS Title VI Implementation 1.No Does your Agency receive funds directly from the Federal Transit Administration (FTA)? 2.Please upload your complete Title VI Implementation Plan . See Title VI Implementation Plan Template . https://egrants.azdot.gov/_Upload/37498_893971-TitleVIPlan3.7.19.pdf 3.No Did you have any Title VI complaints this last year ? 3a.Please upload your Complaint Log describing any ADA /Title VI Investigations , Complaints, and Lawsuits. If there have been no complaints, please upload your log indicating the year and stating no complaints. https://egrants.azdot.gov/_Upload/37498_894731-ComplaintLog.pdf Equal Employment Opportunity (EEO) 4.Yes* Does your agency have an Equal Opportunity Employment (EEO) policy? 4a.If yes, attach a copy of the EEO policy. https://egrants.azdot.gov/_Upload/23514-personnel-policy-21-workplace-harassment-and-non-discrimin ation.pdf 5.Yes Does your agency have an EEO public notice document? 5a.If yes, attach a copy of the notice. https://egrants.azdot.gov/_Upload/37498_893283-personnel-policy-21-workplace-harassment-an d-non-discrimination.pdf 6.Identify the name, phone number, and email address of the EEO coordinator. Name: Chris Brady Phone: (520) 229-4750 Email Address: Page 7 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 CIVIL RIGHTS cbrady@orovalleyaz.gov 7.Yes* Does your agency include an EEO statement in all job announcements? 8.Yes* Does your agency post EEO information in places where employees congregate? Americans with Disabilities Act (ADA) 9.Yes Does your agency have a ADA policy statement ? 9a.If yes, attach a copy of your ADA policy . https://egrants.azdot.gov/_Upload/37498_893279_1-RTA-SSDAR-Policies.pdf 10.Yes FTA requires that if your agency has any non -ADA accessible vehicles in your fleet , your agency must be able to provide "equivalent service" through some other means, such as sufficient other accessible vehicles or a written agreement with another provider in your service area to provide a lift-equipped vehicle when needed. Does your agency have at least one fully operable wheelchair accessible vehicle meeting ADA standards , with available qualified driver(s), for each of your primary service areas? 10a.If no, please explain if and how your agency maintains equivalent service for persons with disabilities if service is requested and an accessible vehicle is needed to provide service? 11.Yes Does your agency have alternative methods to provide equivalent service should the only accessible vehicle(s) or available driver(s) be rendered out-of-service for more than a few days. 12.No Are there special charges for individuals with disabilities, including individuals who use wheelchairs? 12a.If yes, explain the circumstances. 13.Yes* Is information on your service provided in accessible formats if requested? 13a.If yes, explain how both a hearing impaired person and a visually impaired person would request a ride on your service? Page 8 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 CIVIL RIGHTS Hearing impaired passengers are able to email, make requests on-line via our website, or text their requests. Visually impaired passengers may call and speak to a representative during all times of the published reservation hours. 13b.If no, please provide explanation. 14.No* Has your agency ever turned down a request for transportation from a person with a disability? 14a.If yes, explain the circumstances surrounding the incident(s) and why the request(s) was denied? 15.No* Is your turndown rate higher for people with a disability than for non-disabled? 16.Yes* Are inspections of ADA equipment including lifts , ramps, securement devices, signage, and communication systems, part of your agency's pre-trip and post-trip inspection checklists? 16a.If no, explain how these items of equipment are being checked on a regular basis to ensure safe and reliable use? 16b.When equipment failures or deficiencies are found during inspections, what is your agency's policies and procedures to immediately address the problem? When equipment failures or deficiencies are found during inspections, the vehicle is immediately taken out of service and the equipment is scheduled for repair. 17.Does your agency have in place written policies, procedures, and information regarding the following requirements of the ADA? 17a.Yes Lift vehicle availability? 17b.Yes Maintenance of accessible features on vehicle(s)? 17c.Yes Adequate time for vehicle boarding and disembarking? 17d.Yes Use of portable oxygen/respirator equipment? 17e.If you answered Yes to any of the above questions and you have separate written policies , procedures, or information from your ADA policy , please attach copies here: Page 9 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 CIVIL RIGHTS 18.Yes Does your agency have written policies, procedures, or information regarding ADA personnel training? (wheelchair securement, sensitivity to passengers, effective communication , etc.) 18a.If yes, attach copies. https://egrants.azdot.gov/_Upload/37498_894498-DriverManualJune2018.pdf 19.Please identify the name, address, phone number, and email address of the responsible employee designated to coordinate ADA compliance . Jon Hawbaker 12941 N Pusch Mountain View Ln Oro Valley, AZ 85755 520-229-5041 JHawbaker@OroValleyAZ.GOV 20.Yes Does your agency maintain in operative condition features of facilities and vehicles (e.g. lighting, lifts, ramps, signage, securement systems) that are required to make the facility and vehicle readily accessible to and usable by individuals with disabilities? 20a.If no, please explain the circumstances. Disadvantaged Business Enterprise (DBE) 21.Yes During the past four (4) years, has your agency received or are you applying for FTA funds other than rolling stock- including Mobility Management, and/or Operating funding from ADOT? 22.Yes Does your agency contract out or plan to contract out or procure services using ADOT awarded funds including operating or mobility management funds or have other outside service contracts using federal funds, other than vehicle purchases? 22a.Yes If yes, does your agency report these contracted services and vendors through the AZ LPA Contract Management System at http://arizonalpa.dbesystem.com at the time of submitting the reimbursement request to ADOT ? 23.Yes Have you adopted or do you agree to adopt ADOT 's DBE plan? ADOT FTA DBE Plan Page 10 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 CIVIL RIGHTS 23a.No If not adopting ADOT's DBE plan, does your agency have an approved FTA Disadvantaged Business Enterprise (DBE) program plan? 23b.If yes on 23a, Attach a copy of your DBE program plan. https://egrants.azdot.gov/_Upload/37498_893301-AD01Procurement.pdf 24.Please describe the methods your agency uses to include or recruit certified DBE’s for contracting opportunities (services and vendors). The Town of Oro Valley does not have a study that shows a historical trend of underutilization of DBE 's. Oro Valley Transit is not a contracting entity , we provide direct service. Town of Oro Valley Procurment Policy Mission: The Town of Oro Valley’s Procurement Division facilitates the timely procurement of goods and services needed by the Town in support of its strategic goals . We strive to maximize the value of every expenditure of public funds while ensuring that procurements are conducted with integrity under the principles of open and fair competition. Procurement is here to provide you with expedient and cost effective sources for obtaining what you need to do your job. In addition, we are also here to protect the tax paying community and ensure that all Town vendors are treated with equality and impartiality . We do this while ensuring compliance with all local, state and federal requirements for public procurement. Sounds complicated? It can be, but with a little help from our customers, we can make sure we are able to satisfy all those requirements. Types of Procurements All procurement activity by the Town is governed by the Town Code and Arizona State Statute . Regardless of what is being purchased, there are some basic rules that must be followed. Small Purchases under $2,500 – Considered to be the lowest dollar and most routine type purchases, these “micro” purchases do not require any sort of formal competition. These purchases are delegated to the Department level and can be made under whatever formality is practical under the circumstances. Small Purchases from $2,500 to the formal bid threshold – Small purchases at this price level are considered large enough to warrant some level of competition. Departments (with the help of Procurement if needed), are required to obtain price quotations from at least three sources to the extent practical under the circumstances. Formal Procurement - $50,000 or over Page 11 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 CIVIL RIGHTS Whenever any contemplated procurement is for the sum of $50,000 or more notice shall be published in a newspaper of general circulation or electronically posted. The notice shall be published at least ten (10) days prior to the date set for the receipt of bids and shall include a general description of the materials to be procured or services to be performed and the time and place for opening bids. Drug/Alcohol Free Workplace & Safe Environment 25.Yes Does your agency have a Drug / Alcohol Free Workplace & Safe Environment Policy? 25a.If yes, attach a copy of your policy. https://egrants.azdot.gov/_Upload/27991-PersonnelPolicy23 DrugFreeWorkplace .pdf 25b.If no, please provide the date your agency will be approving a Drug / Alcohol Free Workplace & Safe Environment policy. Page 12 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 TRAINING PROGRAM Instructions: • Please complete this page and click SAVE . Any errors will be noted at this point. The following are components of a required Americans with Disabilities Act (ADA) training program: • Operate vehicles and equipment safely • Appropriate attention to the differences among persons with disabilities • Treat persons with disabilities in a respectful and courteous way • Assist passengers properly 1. IS YOUR STAFF RECEIVING THIS TRAINING? Yes Do your drivers receive training that covers the above ADA areas? Yes Defensive Driving Yes PASS (Passenger Service and Safety - CTAA) Yes START (Safety Training and Rural Transit – National RTAP) Yes Customer Service Yes Emergency Evacuation (covered by PASS) Yes Biohazard Training Yes First Aid Yes CPR Yes Safety Yes Reasonable Suspicion (Drug & Alcohol Training for Supervisors) Yes Dispatcher Training Yes 24 hour behind the wheel training for drivers with experienced driver Yes Vehicle Pre/Post Trip Inspection Training Yes Transit Operations Policies & Procedures Other Describe:Smith System Driver Awareness Training Other Describe:First Aid, CPR and Automated External Defibrillator (AED) Training Other Describe:OSHA/Fleet Training 2. Yes Is your training program offered in house? If no, where and by whom does your agency staff receive training Page 13 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 TRAINING PROGRAM SAFETY 3.Please answer the following questions. The transportation program or agency...: Yes Obtains a copy of a driving record before hiring a new driver? Yes Makes a road test part of the driver applicant review process? Yes Performs criminal history checks on new hires? Yes Has a Federal Transit Administration approved Drug & Alcohol Testing Policy and Program? Yes Formally investigates accidents and incidents, maintains an accident log, and prepares a report for the files? Yes Has a file in which records of all accidents are kept? Yes Has a specific safety/risk management manual? Yes Developed a written transit safety and security policy? Yes Takes ADOT funded vehicles in for annual inspection? Yes Has a documented vehicle maintenance program? Page 14 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 COORDINATION OF TRANSPORTATION SERVICES Instructions: •Please complete this page and click SAVE. Any errors will be noted at this point. •Please highlight any NEW coordination efforts . •Required fields are marked with an * Please answer the following questions: 1.Yes Does agency staff regularly attend either regional or sub-regional coordinating council meetings? 2.Yes Is the agency listed in the regional coordination plan? If yes, identify the coordination plans your agency is listed in. Oro Valley Sun Shuttle Dial-a-Ride service is identified on the second PDF file of this regional listing web page identified in this link: https://suntran.com/sunshuttle/shuttle-route-transition.html 3.Please answer the following questions regarding agency procedures that support transportation coordination in the following areas. Yes a.Do you provide information on services, hours of service, fees, and eligibility to the regional mobility manager? Yes b.Do you participate in training provided by other agencies? Yes c.Do you make current training programs available to other agencies? Yes d.Have you provided information on vehicle maintenance and insurance to the regional mobility manager? No e.Do you have at least one agreement in place with another agency to provide or obtain services if needed? (e.g. for an accessible trip or if there is a breakdown or staff shortage) 4.Please describe any other coordination activities you provide such as, dispatch service, rides, maintenance, financial, etc. The Sun Shuttle Dial-a-Ride system is a regionally coordinated by the Regional Transportation Authority . Page 15 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 COORDINATION OF TRANSPORTATION SERVICES Oro Valley Transit does coordinate with both Total Ride (Pima County Dial-a-Ride) and with Sun Van (City of Tucson Dial-a-Ride) to obtain and provide rides when appropriate. The TOV also offers driver training opportunities to all transportation providers. This Passenger Safety and Service (PASS) driver training is certified by the Community Transportation Association of America (CTAA). Page 16 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): In-Vehicle Cameras Instructions: •Please complete this page and click SAVE. Fields will populate with information and any errors will be noted at this point. •After you saved this page, you may add additional pages by selecting the ADD button above. •Navigate through the pages by selecting the page on the top right of the Capital Request page. •Required fields are marked with an *. Answer questions provided for each capital request. Applicants can apply for numerous capital requests but must complete the set of project questions for EACH request. General Project Information 1.Project Title (Populated from Project Summary form.) In-Vehicle Cameras 2.Project Description (Will populate when the page is saved.) The TOV DAR service is in need of in -vehicle cameras to enhance its ability to investigate and determine appropriate actions and solutions when on-bus incidents occur. This project is to purchase and install in-vehicle cameras in the five replacement buses also requested in this grant. Video and audio recordings will improve investigation and enhance development of preventative measures and enhances passenger, driver and public safety. 3.[ 7 ]Priority of Requested Projects (Will populate when page is saved.) Amount Requested (For Non-ADOT Procured Items. Will populate when the page is saved.): FTA Local Total $10,000 $2,500 $12,500 4.Is the capital request tied to an operating project(s)? No If yes, which operating project(s)? Use the same project title that's on the summary page. Page 17 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): In-Vehicle Cameras 5.If the capital request is tied to operating project(s), can the operating project be funded without the capital project or vice versa? No Capital Request Information 1.What is the capital request for? (mark one) a.Replacement of Equipment b.a Purchase New Equipment c.Preventive Maintenance 2.How was the cost determined (For Equipment or Preventive Maintenance)? This cost was determined by a direct quote from the vendor. The vendor was selected using proper FTA and ADOT procurement regulations when the entire fleet was equipped with cameras . The same camera systems are required in the new vehicles so that the system integrates properly across the fleet. 3.Explain how preventive maintenance will assist in extending the useful life of your vehicles. Identify any maintenance challenges you are facing. Replacement Request Answer the next three questions only if requesting to replace capital equipment in existing transportation service. 1.[ ] Age of equipment to replace, If replacing equipment. 2.Why is there a need to replace the capital equipment? Include the following: • What agencies will be using this capital; • At what location(s); • Is this an ongoing project or a one-time cost? Describe any estimated initial or ongoing maintenance fees and what expectations of ADOT /federal funding is anticipated to support these costs. Page 18 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): In-Vehicle Cameras NOTE: Any capital requests for mobility management activities must be supported by an assessment of technology and equipment needed. Please provide any documentation that supports that assessment to include a planning study, etc. 3.What is the impact on the transit agency if the equipment is not replaced? Purchase New Equipment 1.Explain how the capital request ties into the existing technology requirements for the agency. Is this project required by a government agency (such as county wide technology upgrade, etc.) Include the following: • What agencies will be using this capital; • At what location(s); • Is this an ongoing project or a one-time cost? Describe any estimated initial or ongoing maintenance fees and what expectations of ADOT /federal funding is anticipated to support these costs. This camera system will fully integrate with the existing camera systems on the entire fleet. In addition this system will function with the existing software and video processing systems already in use. The TOV will be using this capital at 12941 Pusch Mountain View Ln , Oro Valley, AZ. This is a one time purchase with no ongoing maintenance fees. NOTE: Any capital requests for mobility management activities must be supported by an assessment of technology and equipment needed. Please provide any documentation that supports that assessment to include a planning study, etc. 2.What are the agency and client service impacts, if the request is not funded? If these in-vehicle cameras are not funded the TOV DAR service will not be able to ascertain all available data and information that would exist if funded. The TOV will not be able to make decisions and develop solutions, preventative measures and training that would exist if the cameras are in place. Page 19 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 1 Instructions: •Please complete this page and click SAVE. Fields will populate with information and any errors will be noted at this point. •After you saved this page, you may add additional pages by selecting the ADD button above. •Navigate through the pages by selecting the page on the top right of the Capital Request page. •Required fields are marked with an *. Answer questions provided for each capital request. Applicants can apply for numerous capital requests but must complete the set of project questions for EACH request. General Project Information 1.Project Title (Populated from Project Summary form.) Vehicle Lift Preventative Maintenance Year 1 2.Project Description (Will populate when the page is saved.) The Town of Oro Valley Dial-a-Ride (TOV DAR) service maintains a fleet of 28 vehicles. This fleet has 21 vehicles with Braun and Ricon lifts and seven vehicles with ramps for mobility device access. The town maintains an aggressive lift preventative maintenance program which is required to comply with manufacturer and FTA requirements . This program of significant expense ensures that ADA riders of all ages and senior riders age 65 and older are transported safely and without compromise. 3.[ 1 ]Priority of Requested Projects (Will populate when page is saved.) Amount Requested (For Non-ADOT Procured Items. Will populate when the page is saved.): FTA Local Total $5,824 $1,456 $7,280 4.Is the capital request tied to an operating project(s)? No If yes, which operating project(s)? Use the same project title that's on the summary page. Page 20 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 1 5.If the capital request is tied to operating project(s), can the operating project be funded without the capital project or vice versa? No Capital Request Information 1.What is the capital request for? (mark one) a.Replacement of Equipment b.Purchase New Equipment c.a Preventive Maintenance 2.How was the cost determined (For Equipment or Preventive Maintenance)? This preventative maintenance cost is based on direct cost to conduct preventative maintenance on the fleet in 2019. These costs were $125 per preventative maintenance inspection and activity. This cost is expected to increase 4% in FY20 when this grant funding becomes available. This will result in a cost of $130 in FY20 per preventative maintenance activity. The town's vehicles require this preventative maintenance inspection twice a year to meet manufacturer and FTA requirements , based on lift and ramp usage and cycle count. Based on the fleet size and two inspections per year, the total cost of preventative maintenance is $7,280 in FY20. 3.Explain how preventive maintenance will assist in extending the useful life of your vehicles. Identify any maintenance challenges you are facing. The Town of Oro Valley Dial-a-Ride maintains a fleet of 21 vehicles with Braun and Ricon lifts and seven vehicles with ramps for wheelchair and mobility device access. The town maintains an aggressive "lift" preventative maintenance program. This program is required to comply with manufacturer and FTA maintenance requirements and ensures the safe transportation of ADA riders of all ages and senior riders age 65 and older. This program results in significant expense for the town. This preventative maintenance ensures that the useful life of these vehicles is attained without compromise of mobility device accessibility. This project ensures the vehicles remain in full service for their extended useful life of seven years and approaching 200,000 miles. As a result, more transportation resources are available to other agencies and services in the region. Replacement Request Answer the next three questions only if requesting to replace capital equipment in existing transportation Page 21 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 1 service. 1.[ ] Age of equipment to replace, If replacing equipment. 2.Why is there a need to replace the capital equipment? Include the following: • What agencies will be using this capital; • At what location(s); • Is this an ongoing project or a one-time cost? Describe any estimated initial or ongoing maintenance fees and what expectations of ADOT /federal funding is anticipated to support these costs. NOTE: Any capital requests for mobility management activities must be supported by an assessment of technology and equipment needed. Please provide any documentation that supports that assessment to include a planning study, etc. 3.What is the impact on the transit agency if the equipment is not replaced? Purchase New Equipment 1.Explain how the capital request ties into the existing technology requirements for the agency. Is this project required by a government agency (such as county wide technology upgrade, etc.) Include the following: • What agencies will be using this capital; • At what location(s); • Is this an ongoing project or a one-time cost? Describe any estimated initial or ongoing maintenance fees and what expectations of ADOT /federal funding is anticipated to support these costs. This is an expansion of service equipment by acquiring in-vehicle cameras for five new buses. The TOV DAR service is in need of a enhancing its ability to investigate and determine appropriate actions and solutions when on-bus incidents occur. These cameras will integrate with the existing in-vehicle cameras Page 22 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 1 already installed in all of the other vehicles in the town fleet. Past events include riders being aggressive, disrobing, exiting the bus prior to their stop, minor accidents and injuries. Some of these events resulted in rider suspensions. Video and audio recordings will improve investigation and enhance development of preventative measures to avoid future incidents of a similar nature. The TOV will be using this capital . This is a one-time cost for these vehicles with no ongoing fees. NOTE: Any capital requests for mobility management activities must be supported by an assessment of technology and equipment needed. Please provide any documentation that supports that assessment to include a planning study, etc. 2.What are the agency and client service impacts, if the request is not funded? If these in-vehicle cameras are not funded the TOV DAR service will not be able to ascertain all available data and information that would exist if funded. The TOV will not be able to make decisions and develop solutions, preventative measures and training that would exist if the cameras are in place. Page 23 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 2 Instructions: •Please complete this page and click SAVE. Fields will populate with information and any errors will be noted at this point. •After you saved this page, you may add additional pages by selecting the ADD button above. •Navigate through the pages by selecting the page on the top right of the Capital Request page. •Required fields are marked with an *. Answer questions provided for each capital request. Applicants can apply for numerous capital requests but must complete the set of project questions for EACH request. General Project Information 1.Project Title (Populated from Project Summary form.) Vehicle Lift Preventative Maintenance Year 2 2.Project Description (Will populate when the page is saved.) The TOV DAR service maintains a fleet of 28 vehicles. This fleet has 21 vehicles with Braun and Ricon lifts and seven vehicles with ramps for mobility device access. The town maintains an aggressive lift preventative maintenance program which is required to comply with manufacturer and FTA requirements . This program ensures that senior riders age 65 and older and ADA riders of all ages are transported safely and without compromise. This program results in significant expense for the town. 3.[ 8 ]Priority of Requested Projects (Will populate when page is saved.) Amount Requested (For Non-ADOT Procured Items. Will populate when the page is saved.): FTA Local Total $6,003 $1,501 $7,504 4.Is the capital request tied to an operating project(s)? No If yes, which operating project(s)? Use the same project title that's on the summary page. Page 24 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 2 5.If the capital request is tied to operating project(s), can the operating project be funded without the capital project or vice versa? No Capital Request Information 1.What is the capital request for? (mark one) a.Replacement of Equipment b.Purchase New Equipment c.a Preventive Maintenance 2.How was the cost determined (For Equipment or Preventive Maintenance)? 2. This preventative maintenance cost is based on direct cost to conduct preventative maintenance on the fleet in 2019. These costs were $125 per preventative maintenance inspection and activity. This cost is expected to increase 7% in FY21 when this grant funding becomes available. This will result in a cost of $134 in FY21 per preventative maintenance activity. The town's vehicles require this preventative maintenance inspection twice a year to meet manufacturer and FTA requirements , based on lift and ramp usage and cycle count. Based on the fleet size and two inspections per year, the total cost of preventative maintenance is $7,504 in FY21. 3.Explain how preventive maintenance will assist in extending the useful life of your vehicles. Identify any maintenance challenges you are facing. 3. The Town of Oro Valley Dial-a-Ride maintains a fleet of 21 vehicles with Braun and Ricon lifts and seven vehicles with ramps for wheelchair and mobility device access. The town maintains an aggressive "lift" preventative maintenance program. This program is required to comply with manufacturer and FTA maintenance requirements and ensures the safe transportation of ADA riders of all ages and senior riders age 65 and older. This program results in significant expense for the town. This preventative maintenance ensures that the useful life of these vehicles is attained without compromise of mobility device accessibility. This project ensures the vehicles remain in full service for their extended useful life of seven years and approaching 200,000 miles. As a result, more transportation resources are available to other agencies and services in the region. Replacement Request Answer the next three questions only if requesting to replace capital equipment in existing transportation Page 25 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 2 service. 1.[ ] Age of equipment to replace, If replacing equipment. 2.Why is there a need to replace the capital equipment? Include the following: • What agencies will be using this capital; • At what location(s); • Is this an ongoing project or a one-time cost? Describe any estimated initial or ongoing maintenance fees and what expectations of ADOT /federal funding is anticipated to support these costs. NOTE: Any capital requests for mobility management activities must be supported by an assessment of technology and equipment needed. Please provide any documentation that supports that assessment to include a planning study, etc. 3.What is the impact on the transit agency if the equipment is not replaced? Purchase New Equipment 1.Explain how the capital request ties into the existing technology requirements for the agency. Is this project required by a government agency (such as county wide technology upgrade, etc.) Include the following: • What agencies will be using this capital; • At what location(s); • Is this an ongoing project or a one-time cost? Describe any estimated initial or ongoing maintenance fees and what expectations of ADOT /federal funding is anticipated to support these costs. NOTE: Any capital requests for mobility management activities must be supported by an assessment of Page 26 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 OTHER CAPITAL-NO VEHICLES (Equipment, Preventive Maintenance): Vehicle Lift Preventative Maintenance Year 2 technology and equipment needed. Please provide any documentation that supports that assessment to include a planning study, etc. 2.What are the agency and client service impacts, if the request is not funded? Page 27 of 2704/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5415 1.Project Title (Populated from Summary of Project Requests): Cutaway with Lift to Replace VIN 5415 Request Year: Year 2 NEW / REPLACEMENT VEHICLES 2.If you are requesting a new or replacement vehicle, please answer the following: If you are requesting an expansion, VIN not applicable. VEHICLE SPECIFICATIONS Expansion or Replacement Vehicle Type Seati ng Capa city Whee lchair Positi ons Chassis Fuel Type VIN of vehicle being replaced (last 4) Vehic le Priori ty # Replaced vehicle disposal? Cost / Item Replacement Cutaway With Lift – 14 Passenger 14 4 Light Duty Gas 5415 1 Sell $72,462 3.Please explain the need for this vehicle. If expansion, what is justification for increasing your fleet size? See Show Help for additional information regarding replacement vehicles. The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS0GDC05415, that will be entering its seventh year of service and is projected to have in excess of 164,000 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older, ADA riders of all ages and general public riders in partnership with the PAG Regional Transportation Authority (RTA). Page 1 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5415 4.How will this vehicle type serve your clients / riders needs? What is your projected ridership? Our clientele is made up of disabled passengers of all ages who qualify for service under the ADA , senior riders age 65 and over and general public riders of all ages. For the month of January 2019 - 76% of our passengers were disabled, 16% were seniors (65 years of age or older) and 8% were general public riders. There were 4,054 passenger trips in January 2019. This replacement vehicle will ensure riders needs for Para-transit service will continue without compromise or safety, accessibility or trip denial. Projected ridership when this vehicle becomes available is 53,000 riders. This 6% increase in three years, when this vehicle will become available, is based on the 15% increase in capacity of apartment complexes, senior living facilities and private homes in the Town of Oro Valley . 5.Are any special features required? Why are they needed? The TOV DAR service requires vehicles equipped with four wheelchair /mobility device positions. Our clientele consists of a significant portion of riders in mobility devices. As a result the vehicles are often assigned several riders in mobility devices at the same time. Vehicles with four wheelchair positions allows the TOV DAR service to operate at maximum efficiency and at the lowest possible operational expense. 6.Will your requested vehicle be fully accessible to persons with disabilities, in accordance with ADA guidelines ? aYes No 6a.If No, please explain. 6b.If No, upload a Certificate of Equivalent Service Form. Page 2 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5416 1.Project Title (Populated from Summary of Project Requests): Cutaway with Lift to Replace VIN 5416 Request Year: Year 2 NEW / REPLACEMENT VEHICLES 2.If you are requesting a new or replacement vehicle, please answer the following: If you are requesting an expansion, VIN not applicable. VEHICLE SPECIFICATIONS Expansion or Replacement Vehicle Type Seati ng Capa city Whee lchair Positi ons Chassis Fuel Type VIN of vehicle being replaced (last 4) Vehic le Priori ty # Replaced vehicle disposal? Cost / Item Replacement Cutaway With Lift – 14 Passenger 14 4 Light Duty Gas 5416 2 Sell $72,462 3.Please explain the need for this vehicle. If expansion, what is justification for increasing your fleet size? See Show Help for additional information regarding replacement vehicles. The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS2GDC05416, that will be entering its seventh year of service and is projected to have in excess of 180,000 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA. Page 3 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5416 4.How will this vehicle type serve your clients / riders needs? What is your projected ridership? Our clientele is made up of disabled passengers of all ages who qualify for service under the ADA , senior riders age 65 and over and general public riders of all ages. For the month of January 2019 - 76% of our passengers were disabled, 16% were seniors (65 years of age or older) and 8% were general public riders. There were 4,054 passenger trips in January 2019. This replacement vehicle will ensure riders needs for Para-transit service will continue without compromise or safety, accessibility or trip denial. Projected ridership when this vehicle becomes available is 53,000 riders. This 6% increase in three years, when this vehicle will become available, is based on the 15% increase in capacity of apartment complexes, senior living facilities and private homes in the Town of Oro Valley . 5.Are any special features required? Why are they needed? The TOV DAR service requires vehicles equipped with four wheelchair /mobility device positions. Our clientele consists of a significant portion of riders in mobility devices. As a result the vehicles are often assigned several riders in mobility devices at the same time. Vehicles with four wheelchair positions allows the TOV DAR service to operate at maximum efficiency and at the lowest possible operational expense. 6.Will your requested vehicle be fully accessible to persons with disabilities, in accordance with ADA guidelines ? aYes No 6a.If No, please explain. 6b.If No, upload a Certificate of Equivalent Service Form. Page 4 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5417 1.Project Title (Populated from Summary of Project Requests): Cutaway with Lift to Replace VIN 5417 Request Year: Year 2 NEW / REPLACEMENT VEHICLES 2.If you are requesting a new or replacement vehicle, please answer the following: If you are requesting an expansion, VIN not applicable. VEHICLE SPECIFICATIONS Expansion or Replacement Vehicle Type Seati ng Capa city Whee lchair Positi ons Chassis Fuel Type VIN of vehicle being replaced (last 4) Vehic le Priori ty # Replaced vehicle disposal? Cost / Item Replacement Cutaway With Lift – 14 Passenger 14 4 Light Duty Gas 5417 3 Sell $72,462 3.Please explain the need for this vehicle. If expansion, what is justification for increasing your fleet size? See Show Help for additional information regarding replacement vehicles. The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS4GDC05417, that will be entering its seventh year of service and is projected to have in excess of 171,500 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA. Page 5 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5417 4.How will this vehicle type serve your clients / riders needs? What is your projected ridership? Our clientele is made up of disabled passengers of all ages who qualify for service under the ADA , senior riders age 65 and over and general public riders of all ages. For the month of January 2019 - 76% of our passengers were disabled, 16% were seniors (65 years of age or older) and 8% were general public riders. There were 4,054 passenger trips in January 2019. This replacement vehicle will ensure riders needs for Para-transit service will continue without compromise or safety, accessibility or trip denial. Projected ridership when this vehicle becomes available is 53,000 riders. This 6% increase in three years, when this vehicle will become available, is based on the 15% increase in capacity of apartment complexes, senior living facilities and private homes in the Town of Oro Valley . 5.Are any special features required? Why are they needed? The TOV DAR service requires vehicles equipped with four wheelchair /mobility device positions. Our clientele consists of a significant portion of riders in mobility devices. As a result the vehicles are often assigned several riders in mobility devices at the same time. Vehicles with four wheelchair positions allows the TOV DAR service to operate at maximum efficiency and at the lowest possible operational expense. 6.Will your requested vehicle be fully accessible to persons with disabilities, in accordance with ADA guidelines ? aYes No 6a.If No, please explain. 6b.If No, upload a Certificate of Equivalent Service Form. Page 6 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5419 1.Project Title (Populated from Summary of Project Requests): Cutaway with Lift to Replace VIN 5419 Request Year: Year 2 NEW / REPLACEMENT VEHICLES 2.If you are requesting a new or replacement vehicle, please answer the following: If you are requesting an expansion, VIN not applicable. VEHICLE SPECIFICATIONS Expansion or Replacement Vehicle Type Seati ng Capa city Whee lchair Positi ons Chassis Fuel Type VIN of vehicle being replaced (last 4) Vehic le Priori ty # Replaced vehicle disposal? Cost / Item Replacement Cutaway With Lift – 14 Passenger 14 4 Light Duty Gas 5419 4 Sell $72,462 3.Please explain the need for this vehicle. If expansion, what is justification for increasing your fleet size? See Show Help for additional information regarding replacement vehicles. The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS8GDC05419, that will be entering its seventh year of service and is projected to have in excess of 181,500 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA. Page 7 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5419 4.How will this vehicle type serve your clients / riders needs? What is your projected ridership? Our clientele is made up of disabled passengers of all ages who qualify for service under the ADA , senior riders age 65 and over and general public riders of all ages. For the month of January 2019 - 76% of our passengers were disabled, 16% were seniors (65 years of age or older) and 8% were general public riders. There were 4,054 passenger trips in January 2019. This replacement vehicle will ensure riders needs for Para-transit service will continue without compromise or safety, accessibility or trip denial. Projected ridership when this vehicle becomes available is 53,000 riders. This 6% increase in three years, when this vehicle will become available, is based on the 15% increase in capacity of apartment complexes, senior living facilities and private homes in the Town of Oro Valley . 5.Are any special features required? Why are they needed? The TOV DAR service requires vehicles equipped with four wheelchair /mobility device positions. Our clientele consists of a significant portion of riders in mobility devices. As a result the vehicles are often assigned several riders in mobility devices at the same time. Vehicles with four wheelchair positions allows the TOV DAR service to operate at maximum efficiency and at the lowest possible operational expense. 6.Will your requested vehicle be fully accessible to persons with disabilities, in accordance with ADA guidelines ? aYes No 6a.If No, please explain. 6b.If No, upload a Certificate of Equivalent Service Form. Page 8 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5422 1.Project Title (Populated from Summary of Project Requests): Cutaway with Lift to Replace VIN 5422 Request Year: Year 2 NEW / REPLACEMENT VEHICLES 2.If you are requesting a new or replacement vehicle, please answer the following: If you are requesting an expansion, VIN not applicable. VEHICLE SPECIFICATIONS Expansion or Replacement Vehicle Type Seati ng Capa city Whee lchair Positi ons Chassis Fuel Type VIN of vehicle being replaced (last 4) Vehic le Priori ty # Replaced vehicle disposal? Cost / Item Replacement Cutaway With Lift – 14 Passenger 14 4 Light Duty Gas 5422 5 Sell $72,462 3.Please explain the need for this vehicle. If expansion, what is justification for increasing your fleet size? See Show Help for additional information regarding replacement vehicles. The TOV DAR service is in need of a 14 PAX vehicle with four mobility device positions . This replacement is for a 2015 vehicle, VIN 1FDEE3FS8GDC05422, that will be entering its seventh year of service and is projected to have in excess of 170,000 miles. This vehicle will be used to meet the demand in delivering DAR service to seniors age 65 and older and ADA riders of all ages in partnership with the PAG RTA. Page 9 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE REQUEST: Cutaway with Lift to Replace VIN 5422 4.How will this vehicle type serve your clients / riders needs? What is your projected ridership? Our clientele is made up of disabled passengers of all ages who qualify for service under the ADA , senior riders age 65 and over and general public riders of all ages. For the month of January 2019 - 76% of our passengers were disabled, 16% were seniors (65 years of age or older) and 8% were general public riders. There were 4,054 passenger trips in January 2019. This replacement vehicle will ensure riders needs for Para-transit service will continue without compromise or safety, accessibility or trip denial. Projected ridership when this vehicle becomes available is 53,000 riders. This 6% increase in three years, when this vehicle will become available, is based on the 15% increase in capacity of apartment complexes, senior living facilities and private homes in the Town of Oro Valley . 5.Are any special features required? Why are they needed? The TOV DAR service requires vehicles equipped with four wheelchair /mobility device positions. Our clientele consists of a significant portion of riders in mobility devices. As a result the vehicles are often assigned several riders in mobility devices at the same time. Vehicles with four wheelchair positions allows the TOV DAR service to operate at maximum efficiency and at the lowest possible operational expense. 6.Will your requested vehicle be fully accessible to persons with disabilities, in accordance with ADA guidelines ? aYes No 6a.If No, please explain. 6b.If No, upload a Certificate of Equivalent Service Form. Page 10 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE INVENTORY AGENCY VEHICLE INVENTORY Total Vehicles in Inventory:29 Number of Spare Vehicles:0 1.Please complete the table below for all vehicles ADOT purchased whether on -lien or not, and all vehicles serving an ADOT 5310 funded project. Vehicle Identification Number (VIN) Funding Source (i.e.: 5310, 5311, DES, DHHS, Local, etc.) Vehicle Type Model Year Mileage Total Passen ger Seats # of W/C Posi tions Lift or Ramp? Anticipated Replacement Year Route Name/ # Served (Spare can also be listed) Is the Vehicle On ADOT Lien? 1FAFP5825YG14011 Local Support Vehicles 2000 110000 5 0 N/A 2019 N/A Yes aNo 1FDEE3FS3DDB27529 ADOT-5310 Bus < 30 FT 2013 165000 9 3 Lift 2019 Demand Response Service Upto 240/day aYes No 1FDEE3FL6EDA78711 ADOT-5310 Bus < 30 FT 2014 135000 9 2 Lift 2019 Demand Response Service Upto 240/day aYes No 1FDEE3FL8EDA78709 ADOT-5310 Bus < 30 FT 2014 130000 9 2 Lift 2019 Demand Response Service Upto 240/day aYes No 2C7WDGBG0ER33517 7 ADOT-5310 Vans 2014 95000 5 2 Ramp 2019 Demand Response Service Upto 240/day aYes No 2C7WDGBG2ER33517 8 ADOT-5310 Vans 2014 105000 5 2 Ramp 2019 Demand Response Service Upto 240/day aYes No 2C7WDGBG4ER33517 9 ADOT-5310 Vans 2014 107000 5 2 Ramp 2019 Demand Response Service Upto 240/day aYes No Page 11 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE INVENTORY 2C7WDGBG9ER33517 6 ADOT-5310 Vans 2014 90000 5 2 Ramp 2019 Demand Response Service Upto 240/day aYes No 1FDEE3FS0GDC05415 ADOT-5310 Bus < 30 FT 2015 90000 14 4 Lift 2021 Demand Response Service Upto 240/day aYes No 1FDEE3FS2GDC05416 ADOT-5310 Bus < 30 FT 2015 107000 14 4 Lift 2021 Demand Response Service Upto 240/day aYes No 1FDEE3FS4GDC05417 ADOT-5310 Bus < 30 FT 2015 98000 14 4 Lift 2021 Demand Response Service Upto 240/day aYes No 1FDEE3FS8GDC05419 ADOT-5310 Bus < 30 FT 2015 108000 14 4 Lift 2021 Demand Response Service Upto 240/day aYes No 1FDEE3FS8GDC05422 ADOT-5310 Bus < 30 FT 2015 97000 14 4 Lift 2021 Demand Response Service Upto 240/day aYes No 1FDEE3FL7GDC12435 RTA Direct Bus < 30 FT 2016 76000 9 3 Lift 2022 Demand Response Service Upto 240/day Yes aNo 1FDEE3FL9GDC12436 RTA Direct Bus < 30 FT 2016 78000 9 3 Lift 2022 Demand Response Service Upto 240/day Yes aNo 1FDEE3FL0GDC12437 RTA Direct Bus < 30 FT 2016 72000 9 3 Lift 2022 Demand Response Service Upto 240/day Yes aNo 1FDEE3FL5GDC12434 RTA Direct Bus < 30 FT 2016 71000 9 3 Lift 2022 Demand Response Service Upto 240/day Yes aNo 1FDEE3FL2GDC12438 RTA Direct Bus < 30 FT 2016 63000 9 3 Lift 2022 Demand Response Service Upto 240/day Yes aNo 1FDFE4FS8GDC56977 ADOT-5310 Bus < 30 FT 2016 40000 14 2 Lift 2022 Demand Response Service Upto 240/day aYes No 1FDFE4FS8GDC57997 ADOT-5310 Bus < 30 FT 2016 40000 14 2 Lift 2022 Demand Response Service Upto 240/day aYes No 1FDFE4FS7GDC58011 ADOT-5310 Bus < 30 FT 2016 47000 14 2 Lift 2022 Demand Response Service Upto 240/day aYes No 1FDEE3FS8HDC64228 ADOT-5310 Bus < 30 FT 2017 23000 14 4 Lift 2023 Demand Response Service Upto 240/day aYes No 2C7WDGBG5HR76222 8 ADOT-5310 Vans 2017 20000 5 2 Ramp 2022 Demand Response Service Upto 240/day aYes No ADOT-5310 Vans 2017 17000 5 2 Ramp 2022 Demand Response aYes No Page 12 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE INVENTORY 2C7WDGBG7HR76222 9 Service Upto 240/day 2C7WDGBG3HR76223 0 ADOT-5310 Vans 2017 17000 5 2 Ramp 2022 Demand Response Service Upto 240/day aYes No 1FDEE3F68KDC02371 ADOT-5310 Bus < 30 FT 2018 8000 14 4 Lift 2023 Demand Response Service Upto 240/day aYes No 1FDEE3F63KDC02374 ADOT-5310 Bus < 30 FT 2018 5500 14 4 Lift 2023 Demand Response Service Upto 240/day aYes No 1FDEE3F60KDC02378 ADOT-5310 Bus < 30 FT 2018 5500 14 4 Lift 2023 Demand Response Service Upto 240/day aYes No 1FBZX2CM9JKA97559 ADOT-5310 Bus < 30 FT 2018 4600 9 4 Lift 2023 Demand Response Service Upto 240/day aYes No aYes No aYes No aYes No 2.Please continue providing vehicle information for the vehicles identified in Question 1 above by completing the table below for all vehicles ADOT purchased whether on-lien or not, and all vehicles serving an ADOT 5310 funded project. INSTRUCTIONS: SAVE this form prior to filling out this section and the system will automatically copy the VIN numbers from Question 1 into the table below for Question 2. Vehicle Identification Condition Vehicle in Original Vehicle Cost Make Model Fuel Type Chassis Page 13 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE INVENTORY Number (VIN)Code Service? 1FAFP5825YG14011 2 POOR Yes $21,000 Ford Taurus Gas Light Duty 1FDEE3FS3DDB27529 3 FAIR Yes $59,481 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3FL6EDA78711 3 FAIR Yes $54,484 Ford E-350 StarCraft Starlite Gas Light Duty 1FDEE3FL8EDA78709 3 FAIR Yes $54,484 Ford E-350 StarCraft Starlite Gas Light Duty 2C7WDGBG0ER33517 7 3 FAIR Yes $35,734 Dodge ElDorado Amerivan Gas Light Duty 2C7WDGBG2ER33517 8 3 FAIR Yes $35,734 Dodge ElDorado Amerivan Gas Light Duty 2C7WDGBG4ER33517 9 3 FAIR Yes $35,734 Dodge ElDorado Amerivan Gas Light Duty 2C7WDGBG9ER33517 6 3 FAIR Yes $35,734 Dodge ElDorado Amerivan Gas Light Duty 1FDEE3FS0GDC05415 4 GOOD Yes $60,246 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3FS2GDC05416 4 GOOD Yes $60,246 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3FS4GDC05417 4 GOOD Yes $60,246 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3FS8GDC05419 4 GOOD Yes $60,246 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3FS8GDC05422 4 GOOD Yes $60,246 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3FL7GDC12435 4 GOOD Yes $70,655 Ford E-350 Elkhart Coach Gas Light Duty 1FDEE3FL9GDC12436 4 GOOD Yes $70,655 Ford E-350 Elkhart Coach Gas Light Duty 1FDEE3FL0GDC12437 4 GOOD Yes $70,655 Ford E-350 Elkhart Coach Gas Light Duty 4 GOOD Yes $70,655 Ford E-350 Elkhart Coach Gas Light Duty Page 14 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE INVENTORY 1FDEE3FL5GDC12434 1FDEE3FL2GDC12438 4 GOOD Yes $70,655 Ford E-350 Elkhart Coach Gas Light Duty 1FDFE4FS8GDC56977 5 EXCELLENT Yes $63,665 Ford E-450 Starcraft Supreme Gas Light Duty 1FDFE4FS8GDC57997 5 EXCELLENT Yes $63,665 Ford E-450 Starcraft Supreme Gas Light Duty 1FDFE4FS7GDC58011 5 EXCELLENT Yes $63,665 Ford E-450 Starcraft Supreme Gas Light Duty 1FDEE3FS8HDC64228 5 EXCELLENT Yes $68,046 Ford E-350 StarCraft Allstar Gas Light Duty 2C7WDGBG5HR76222 8 5 EXCELLENT Yes $43,668 Dodge Eldorado Entervan Gas Light Duty 2C7WDGBG7HR76222 9 5 EXCELLENT Yes $43,668 Dodge Eldorado Entervan Gas Light Duty 2C7WDGBG3HR76223 0 5 EXCELLENT Yes $43,668 Dodge Eldorado Entervan Gas Light Duty 1FDEE3F68KDC02371 5 EXCELLENT Yes $66,549 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3F63KDC02374 5 EXCELLENT Yes $66,549 Ford E-350 Starcraft Supreme Gas Light Duty 1FDEE3F60KDC02378 5 EXCELLENT Yes $66,549 Ford E-350 Starcraft Supreme Gas Light Duty 1FBZX2CM9JKA97559 5 EXCELLENT Yes $64,393 Ford T-350 Transit 350 Gas Light Duty VEHICLE STORAGE 3.Please list the address of the vehicle storage. If there is more than one location, please list the last 4 VIN's of the vehicles with each address. All vehicles are stored at 12941 Pusch Mountain View Ln, Oro Valley, AZ 85755. Page 15 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 VEHICLE INVENTORY 4.All agencies receiving FTA funded vehicles must provide a vehicle maintenance plan . See Transit resources page for sample maintenance plans. Transit Resources Web Link https://egrants.azdot.gov/_Upload/37507_894707-FleetMaintenancePlanFeb2019.pdf NEW / REPLACEMENT VEHICLES VEHICLE SPECIFICATIONS Project Title Expansion or Replace ment Vehicle Type Seat ing Capa city Whee lchair Posi tions Fuel Type VIN of vehicle being replaced (last 4) Vehic le Priori ty # Replaced vehicle disposal? Cost / Item Cutaway with Lift to Replace VIN 5415 Replacement Cutaway With Lift – 14 Passenger 14 4 Gas 5415 1 Sell $72,462 Cutaway with Lift to Replace VIN 5416 Replacement Cutaway With Lift – 14 Passenger 14 4 Gas 5416 2 Sell $72,462 Cutaway with Lift to Replace VIN 5417 Replacement Cutaway With Lift – 14 Passenger 14 4 Gas 5417 3 Sell $72,462 Cutaway with Lift to Replace VIN 5419 Replacement Cutaway With Lift – 14 Passenger 14 4 Gas 5419 4 Sell $72,462 Cutaway with Lift to Replace VIN 5422 Replacement Cutaway With Lift – 14 Passenger 14 4 Gas 5422 5 Sell $72,462 Page 16 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 LOCAL MATCH REQUESTED BUDGET SUMMARY REQUESTED BUDGET SUMMARY Total Request Federal Request Local Match Total $389,593 $305,991 $83,602 LOCAL MATCH Match Amount Name of Match Contributor Contribution Source Please Describe $83,602 Town of Oro Valley City These funds are budgeted in the FY2020 and FY2021 transit general fund. Total: $83,602 IN-KIND Are you planning to use in-kind funds/services for local match? Yes aNo (Capital not eligible for In-Kind.) - All In-Kind match must be documented at the time of the contribution. - In-Kind match cannot be used towards capital projects / purchases. - If your marketing revenues are going towards local match, please document it separately and label it in the description box. - Also add the total in-kind requested into the Local Match table above. Enter "In-Kind (description)" in the Please Describe column. See IRS Mileage Reimbursement Rates. See IRS Approved Volunteer Rates. The following instructions will help guide you on how to to calculate the value of volunteer services for matching funds: Page 17 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 LOCAL MATCH There is no federal rate for volunteer services. Organizations that already have employees performing these activities may use their own rate of pay. If you do not have employees in a similar position you may use the amount that would be paid for the activity in your location. Assistance in determining the value of volunteer services and other salaries is available using the Bureau of Labor Statistics Occupational Employment Statistics Program. Please refer to IRS Publication 4671 for more information. Subrecipients can also get matching funds and help with tax information regarding their grants at VITA Grant Program FAQs. IN-KIND MATCH Projects Source of Donations / Service Value of Service/ Unit of Measure Number of Units Total In-Kind per TOTAL: $0 Documentation for 5310 operating in-kind match only: Match Additional Information: FINANCIAL MANAGEMENT 1.Do you have a current approved indirect cost allocation plan? Yes aNo 1a.What is your approved indirect cost rate? % 1b.Who is your cognizant agency for indirect cost rate? 1c.Date of approval: Page 18 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 LOCAL MATCH 1d.Upload your current indirect cost allocation plan. 1e.In your approved plan, did you elect to charge the de minimis rate of 10% of modified total direct costs? 1f.What is your indirect cost, if using the de minimis rate? Page 19 of 1904/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 REQUIRED CERTIFICATION AND DOCUMENTS The following information and required documents for upload complete the agency's application for Section 5310 financial assistance. This information is required to determine whether the application meets the threshold criteria for completeness and eligibility. Answer all the questions and upload the required documentation. Agency Eligibility To be eligible to obtain funding under the FTA Section 5310 program, agencies must be certify to be one of the following: a) A Private Non-Profit Organization providing service when publicly operated mass transportation services are unavailable, insufficient, or inappropriate; or b) A Governmental Authority that can certify to ADOT that no non -profit organization is readily available in the service area to provided the needed service; or c) A Governmental Authority that is providing oversight and administration (not necessarily transportation service) for a project that is conducted in the interest, or strongly supportive, of local, regional, and/or State coordination objectives, such as a Council of Governments conducting regional mobility management activities. The lead role of the governmental authority to oversee a project for this purpose must be approved by the State and at the regional level through coordination plannning activities. Mark one of the certification boxes below and attach in the required documents section the proper documentation to verify this certification. Yes Our agency is a Private Non Profit Organization providing transportation service to elderly persons and/or persons with disabilities because the publicly operated mass transportation service in our service area is unavailable, insufficient, or inappropriate to meet the needs of these populations. a Yes Our agency is a Governmental Authority (which can include City, County, Town and Tribal Governments including other related public bodies and Tribal community agencies) providing transportation service to elderly persons and/or persons with disabilities because no private non-profit organizations is readily available in our service area to provided the needed service. We understand that the definition of "readily available" in our service area means no non-profit organization is capable or willing to provide the service provided by our organization. Page 1 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 REQUIRED CERTIFICATION AND DOCUMENTS Yes Our agency is a Governmental Authority providing oversight and administration (not necessarily transportation service) for a project that is conducted in the interest, or strongly supportive, of local, regional, and/or State coordination objectives, such as a Council of Governments conducting regional mobility management activities. The lead role of the governmental authority to oversee a project for this purpose has been approved by the State and at the regional level through coordination plannning activities. Coordination Plan To be eligible to obtain funding under the FTA Section 5310 program, agencies must certify to be a part of the regional transportation coordination process and the projects applied for in this application are "included in" the local coordinated human service-public transportation plan. Yes Our agency is a part of the regional coordination plan process and the projects applied for under this application are "included in" the local coordinated human service-public transportation plan. Mobility Manager Coordination Plan Approval I am certifying that this project was included in the local Human Service Coordinated Plan and that this sub-recipient is eligible to apply. (Identify where in the coordination plan is the project included. If projects are in more than one region, please specify which projects you are certifying in the text box below.) Mobility Manager Approval Financial Management To be eligible to obtain funding under the FTA Section 5310 program, agencies must be certify that their accounting systems can manage grant funds in accordance with federal and state requirements. Page 2 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 REQUIRED CERTIFICATION AND DOCUMENTS a Yes Our agency maintains an accounting system that is: •Consistent with generally accepted accounting principles (GAAP); •Can segregate funds; •Uses an accrual method of accounting; and •Can translate fiscal data into the Uniform System of Accounts (USOA) system (specified by FTA)? What is your agency's financial program/software (i.e., Quickbooks, Peachtree, etc.)? Munis UPLOADED REQUIRED DOCUMENTS a AGENCY ELIGIBILITY CERTIFICATION DOCUMENTATION: Attacheither Private Non-Profit Organization Status Documents (Certified Copy of the Articles of Incorporation or IRS 501(c)(3) Federal income tax exemption letter) or Governmental Authority Certification Documents (i.e.: contact letters, support letters, outreach materials, coordination plan meeting minutes, etc.) to verify the agency is the only entity in the service area willing to provide the specific service requested and that there are no non-profit organizations readily available in the area to provide the needed service OR is the lead agency designated by the State and regional coordination planning efforts to oversee mobility management / coordination activities for a region. https://egrants.azdot.gov/_ Upload/37750_893952-No nProfitAgencySearch.pdf Coordinated Human Services Plan: After reviewing application, Please upload the latest Coordinated Human Services Plan that includes this project. (PLAN MUST BE UPLOADED BY THE COG\MPO.) Additional Documentation Page 3 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement Agreement/CAR Number AG Contract Number P0012013003419 Advantage Vendor Number PZ000008394 A0001 DUNS Number 098039373 Advantage Project Number Eligible From Date Eligibility Expiration Date Project Details Please Refer to Exhibit A GRANT AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION MULTIMODAL PLANNING DIVISION acting for and on behalf of THE STATE OF ARIZONA AND Town of Oro Valley This GRANT AGREEMENT, established pursuant to Arizona Revised Statutes (A.R.S.) § 28-334, is entered into between the ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) MULTIMODAL PLANNING DIVISION (MPD) acting for and on behalf of THE STATE OF ARIZONA herein referred to as the STATE , and Town of Oro Valley a Other agency herein referred to as the SUBRECIPIENT . The STATE and the SUBRECIPIENT are collectively referred to as the “Parties”, and individually as STATE , SUBRECIPIENT, and “Party”. I. RECITALS 1)STATE is authorized to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of STATE . 2)SUBRECIPIENT has obtained appropriate action by ordinance or resolution or otherwise pursuant to the laws or other rules and regulations applicable to it and its governing bodies and is authorized to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of SUBRECIPIENT . 3)The Governor of the STATE of Arizona , in accordance with a request by the Federal Transit Administration, hereinafter referred to as FTA , has designated the Arizona Department of Transportation as the responsible agency to evaluate and select proposed projects and to coordinate grant applications. The current State Management Plan, Program Guidebook, FTA Master Agreement, and the Program Application , incorporated herein by reference, prescribe the STATE's Administrative Policies and Requirements for the Program . Page 4 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement 4)Exhibit A: Project Award Description provides the Project Award Description , Eligibility Dates, Funding Participation, and Match Requirements. 5)Exhibit B: Program Description and Communication and Contact Information provides the statutory reference and describes rules, regulations, and requirements specific to the program(s) awarded in this Agreement and provides contact information relevant to this Agreement . 6)Exhibit C: Responsibility Matrix delineates key requirements specific to roles. 7)Exhibit D: Procurement and Third Party Contract Provisions provides rules specific to SUBRECIPIENT procurement in this Agreement and provides a table of federal clauses required for procurement agreements. 8)Exhibit E: Discrimination & Title VI Requirements provides mandatory Title VI requirements . 9)Exhibit F: Disadvantaged Business Enterprise (DBE) Requirements provides mandatory DBE requirements. 10)Exhibit G: Insurance (Risk Management) Requirements provides mandatory insurance requirements. 11)Exhibit H: Language Modifications provides exceptions, exemptions, and language variations for Agreements with Tribes, Nations, or Native Indian Communities 12)The STATE and the SUBRECIPIENT desire to secure the Project as described in Exhibit A through the expenditure of FTA grant funds and to use said funding to provide services for eligible Program participants of the STATE of Arizona within the SUBRECIPIENT’s service area , and carried out according to this Agreement and under the applicable sections of 49 USC Chapter 53 as described in Exhibit B. 13)The STATE and the SUBRECIPIENT desire defining their respective responsibilities related to the expenditure and reimbursement of up to the amount of funds described in Exhibit A and referred to as the PROJECT within the authority granted by the Program described in Exhibit B . 14)SUBRECIPIENT qualified local match and fees for the PROJECT to be procured by the STATE is due upon demand and prior to procurement. Match for PROJECT to be procured by SUBRECIPIENT shall be indicated in and deducted from request for reimbursement . All other match is due over the life of the award or as otherwise detailed in Exhibit A . 15)The APPLICATION for this Agreement does not constitute the AWARD amount . The AWARD will be demonstrated in Exhibit A of this Agreement , incorporated into the document at the time of execution and/or as updated from time-to-time by mutual consent. Page 5 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement 16)The State has the authority to re-distribute Award if the signed Agreement is not received by the program required deadline, or if applicable cash Match (if required) is not received, so that the Agreement may be executed within 90 days from the date that Exhibit A documenting Award is distributed. THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows: II. SCOPE 1)SUBRECIPIENT shall provide specific public transportation services or activities related to eligible funding, herein called the PROJECT, to eligible Program participants, in accordance with the SUBRECIPIENT’S application(s), incorporated herein as referenced and as allowable under the relevant section of 49 U.S.C. Chapter 53 as described in Exhibit B and the PROJECT description and Award described in Exhibit A . 2)PROJECT expense and cost awards will be detailed in Exhibit A . Awards may consist of any combination of expense or cost categories eligible in the associated grant program such as equipment or capital categories to be procured by ADOT , equipment or capital categories to be procured by SUBRECIPIENT, operating, intercity, administrative, planning, mobility management, or others. 3)PROJECT Award is limited to the quantity and description of the items identified in Exhibit A . For those items with estimated amounts pending procurement that is to be completed by the SUBRECIPIENT, the estimated pricing shall be considered not-to-exceed pricing specific to the quantity and description of identified items. Any needed or desired variation from quantity, description, or pricing must be requested in writing and approved by the Program Manager prior to procurement. Approvals will result in a modified Exhibit A being issued with updated approved not-to-exceed award, pricing, and match indicated. For PROJECT Award items being procured by ADOT, actual pricing that exceeds the estimate on Exhibit A will be confirmed with the SUBRECIPIENT prior to purchase. 4)SUBRECIPIENT eligible PROJECT expenditures or incurrence of costs may not occur prior to the “Expenses Eligible from Date” and must occur prior to the “Eligibility Expiration Date” established in Exhibit A . All support documentation must be dated within that established data range to be considered eligible. The SUBRECIPIENT may not incur any costs for work outlined in any subsequent amendments prior to receiving an executed Modified Exhibit A signed by the ADOT Program Manager or Transit Manager . Any costs incurred prior to receiving such written document shall be treated as pre-award costs and shall not be eligible for reimbursement in Page 6 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement accordance with 2 CFR 200.458. 5)PROJECT-appropriate expenses and costs associated with the PROJECT Award must be supported by receipts and other suitable and appropriate documentation pursuant to 2 CFR 200 Subpart E - Cost Principles, 2 CFR 200 et seq., and ADOT, as appropriate, and incurred within the Exhibit A established date range are eligible for reimbursement upon execution of this Agreement. Final reimbursement requests must be received no later than 30 days after the calendar quarter within which the Eligibility Expiration Date occurs to be eligible for reimbursement unless an extension has been granted by the Program Manager. a.Certifications Required: As required pursuant to 2 CFR 200.415 to assure that expenditures are proper and in accordance with the terms and conditions of the Federal award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment under the agreement must include a certification, signed by an official who is authorized to legally bind the SUBRECIPIENT, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” III. RESPONSIBILITIES 1)ADOT will: a.Review PROJECTS for compliance with statutory requirements, oversight requirements, and program guidance. b.Review documentation supporting PROJECT expenditures for eligibility and ensure program match requirements are met. c.Review invoices, when appropriate to the Grant Award , from SUBRECIPIENT and reimburse SUBRECIPIENT within 30 days after receipt and approval of invoices, in a total amount not to exceed the lesser of the approved invoiced costs or the Grant Award . d.Communicate with SUBRECIPIENT and FTA as necessary to facilitate program compliance and procedural efficiency . e.Monitor all activities performed by its SUBRECIPIENTS to assure that the work is being Page 7 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement managed and performed satisfactorily and that time schedules are being met in accordance with 2 CFR 200.328. f.Administer FTA funds allocated to the SUBRECIPIENT and ensuring that such funds are expended for eligible costs, purpose and activities in accordance with 23 CFR 420.113, that are allowable per 2 CFR 200 et seq. as adopted or otherwise modified pursuant to 2 CFR 1201. 2)SUBRECIPIENT will: a.Administer the grant from award to closeout. b.Take necessary steps to ensure compliance with program or Agreement stipulated deadlines. c.Develop and have in place prior to use of award internal policies and systems that ensure effective management of awards and compliance with grant requirements . d.Implement strong internal controls for accounting and compliance with grant terms and conditions and ensure that SUBRECIPIENT financial management system and any other system used for documentation or compliance is appropriate to implement the Project. The financial management systems must comply with all the requirements of 2 CFR 200.302. The SUBRECIPIENT shall establish separate accounts for each work element of the Project Budget, to be maintained within its existing accounting system or set up independently. Such accounts are referred to herein collectively as the Project Account . The Project Account and supporting documentation as set forth in 2 CFR 200 et seq., shall be made available upon request for examination by ADOT , FTA, or the Comptroller General of the United States in accordance with the requirements of 2 CFR 200.336. Pursuant to the requirements of 2 CFR 200.307, the SUBRECIPIENT shall record in the Project Account all payments received by it from ADOT pursuant to this article and all other funds provided for, accruing to, or otherwise received on account of the Project, which ADOT Payments and other funds are herein collectively referred to as Project Funds . The SUBRECIPIENT shall charge to the Project Account all eligible costs of the Project . Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of ADOT and FTA shall not be considered eligible costs . Determination of eligible costs shall be in accordance with the requirements of 2 CFR 200.402 to 2 CFR 200.414 and 2 CFR 200.420 to 2 CFR 200.475. Page 8 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement e.Establish a budget of the costs required to perform the Project and a method for monitoring actual costs against the budget. f.Submit payment of Grant required MATCH upon demand by the STATE and /or as indicated in Exhibit A. Administrative fees and local match must be remitted from funds as qualified under the applicable 49 USC regulations. Match is defined as monies from non-federally funded sources used for matching or cost sharing requirements as defined and allowed under 2 CFR 200.306 and 2 CFR 200 Subpart E. Local match must be remitted from funds of the program for which it was awarded as qualified under the applicable 49 USC regulations. Most federally-funded programs cannot use federal funds to provide match but 49 USC does provide certain exceptions to that stipulation. The SUBRECIPIENT will ensure that matching funds qualify under the appropriate section of 49 USC as appropriate to the awarded PROJECT(s) indicated in Exhibit A. g.Comply with all terms of the Grant Program in accordance with the SUBRECIPIENT application(s) and the current Program Guidebook in effect at the time of application or subsequently revised in writing and by notice, incorporated herein as referenced. h.Obtain prior written concurrence of the State before assigning any portion of the work to be performed under this Agreement or execute any contract , amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement . i.Communicate contractual requirements to contractors and sub-contractors and ensure all the requirements of this Agreement are incorporated by means of a contract or other legally binding documents stipulating the contractor and/or sub-contractor’s responsibility to comply with this Agreement. j.In the event of an accident involving any equipment funded under this Agreement , the SUBRECIPIENT shall, within 48 hours, notify the ADOT Program Manager and the MPD Finance & Administration Manager (see Exhibit titled PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION) electronically via email. Pursuant to FTA Circular 5010.1D, any insurance proceeds received when project property has been lost or damaged, the grantee shall a) apply those proceeds to the cost of replacing the damaged or destroyed project property taken out of service or b) return to FTA an amount equal to the remaining Federal interest in the lost , damaged, or destroyed project property. The SUBRECIPIENT agrees to request from and adhere to guidance from the ADOT Program Manager regarding which option shall be followed . k.Communicate with STATE and FTA as necessary to facilitate program compliance and procedural efficiency. l.Provide all required reports as prescribed by the current Program Guidebook or as Page 9 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement requested by ADOT in a timely manner and as required by the STATE . m.Ensure users of PROJECT equipment and /or services meet applicable federal and state regulations and statutes. n.Review documentation supporting PROJECT expenditures for eligibility and ensure program match requirements are met. o.Comply with Performance Measure requirements as established by FTA and designated by the STATE for its compliance. p.Comply with Cross-Cutting requirements for transit asset management plans and reporting of asset inventory and condition information as established by FTA and designated by the STATE for its compliance. q.Demonstrate that funds are expended for eligible and allocable activities; track receipts, disbursements, assets, liabilities, and balances; and track and report program income. r.Report to the STATE as required by the program but at a minimum quarterly on the invoice form provided by ADOT, for categorized reimbursable Project costs/expenses awarded as detailed in Exhibit A, as authorized and allowable under the federal grant requirements, and supported as required with vendor invoices, original receipts, or other suitable and appropriate documentation. In the event that no expenditures occurred during a calendar quarter, submit a zero dollar invoice. A system-generated ledger report and program-required forms must be submitted with the reimbursement request. Detailed support documentation shall be maintained by the SUBRECIPIENT and shall not be submitted to ADOT unless and until requested . In the event a system-generated ledger cannot be provided, it is acceptable to use a manually-created or spreadsheet ledger. However, in this case, all support documentation must also be submitted. The State has implemented an invoicing module within the Arizona E -Grants Transit Grant Management System (E-Grants). All invoices from that point forward shall be submitted electronically. Paper invoicing will no longer be accepted. The SUBRECIPIENT agrees that all invoices and supporting documentation shall be submitted electronically through E-Grants. To be eligible for reimbursement , costs must meet the following general criteria: Page 10 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement •Be a direct cost. Indirect costs are eligible for reimbursement only with an indirect cost plan approved by the SUBRECIPIENTs federal cognizant agency and accepted by ADOT as indicated on Exhibit A . •Be necessary and reasonable for proper and efficient performance and administration of the Project; •Be an eligible expense under federal and state statutes and program regulations; •Be treated consistently. A cost may not be assigned to the grant as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to a grant as an indirect cost; •Be determined in accordance with generally accepted accounting principles; •Not be included as a cost or used to meet cost sharing or matching requirements of any other Federal award in either the current or a prior period; •Be the net of all applicable credits; and •Be adequately documented to include a system generated financial summary, or Excel spreadsheet accompanied by appropriate backup documentation (i.e. invoices, payroll, etc.), disclosing an expense amount that matches the invoice amount. Grantees and subgrantees must maintain records which adequately identify the source and application of funds provided for financially-assisted activities. These records must contain information pertaining to grant or subgrant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and incomes. As defined in 2 CFR 1201.80, program income means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance. (See 2 CFR 200.77 Period of performance.) Program income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the Federal award, program income does not include rebates, credits, discounts, taxes, special assessments, levies, and fines raised by a grantee and subgrantee, and interest Page 11 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement earned on any of them. All costs charged to the Project, including any approved services contributed by the SUBRECIPIENT or others, shall be supported as required by 2 CFR 200.302 (b)(3) and 2 CFR 200 et seq. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, contracts and sub-grant award documentation, etc. In accordance with 2 CFR 200 et seq. where the records must be supported by a system of internal control which provides reasonable assurances that the charges are accurate, allowable, and properly allocated; be incorporated into the official records of the SUBRECIPIENT; reasonably reflect the total activity or expense; encompass both federally assisted and all other activities on an integrated basis; and comply with the established accounting policies and practices of the SUBRECIPIENT; and include distribution among cost objectives where federal and non-federal or multiple federal distributions occur or between direct and indirect cost activities. Adequate supporting documentation should include a system generated financial summary disclosing an expense amount that matches the invoice amount. If a system generated report is unavailable, an excel spreadsheet maybe utilized to summarize the expenses and should be accompanied by appropriate invoices including evidence of payment, payroll documentation, etc. a.Submit an Indirect Cost Plan that has been approved by the SUBRECIPIENT cognizant agency if and only if indirect costs will be billed for reimbursement. 2 CFR 200.9, 200.27, 200.416, 200.417, and applicable appendices, FARS 31.2 for Private Agencies, and Appendix E of FTA Circular 5010 requires all grantees who intend to seek payment for indirect costs to prepare a Cost Allocation Plan (CAP) or an Indirect Cost Rate Proposal. 2 CFR 200 Appendix III covers Indirect Costs for IHEs. 2 CFR 200 Appendix IV covers Indirect Costs for Non-Profit Organizations. 2 CFR 200 Appendix V covers indirect costs and Appendix VII includes ICAP requirements for Local Governments and Tribes . Indirect Cost Rate Proposals must be approved by the applicable Cognizant Federal agency. Pursuant to 2 CFR 200.19, the cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals on behalf of all Federal agencies. This is not necessarily the same as the cognizant agency for audit purposes. For assignments of cognizant agencies see the following: 1.For IHEs: Appendix III to Part 200-Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education Page 12 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement (IHEs), paragraph C.11. 2.For non-profit organizations: Appendix IV to Part 200-Indirect (F&A) Costs Identification and Assignment , and Rate Determination for Non-Profit Organizations, paragraph C.12. 3.For state and local governments: Appendix V to Part 200-State/Local Governmentwide Central Service Cost Allocation Plans , paragraph F.1. 4.For Indian tribes: Appendix VII to Part 200-States and Local Government and Indian Tribe Indirect Cost Proposal , paragraph D.1. ADOT will not reimburse indirect costs if an Indirect Cost Plan is not in place . Indirect costs, as defined in 2 CFR 200 et seq. are costs that are: 1.incurred for a common or joint purpose benefiting more than one cost objective; 2.not readily assignable to the cost objectives specifically benefited without effort disproportionate to the results achieved; and 3.originating in the grantee’ department as well as those incurred by other departments in supplying goods, services, and facilities to the grantee department. Cognizance may have multiple meanings. OMB has assigned cognizant audit agencies for State and Local governments. See Federal Register (51 FR 552, Jan 6, 1986). For all other purposes, cognizant agency is defined in federal regulations. Cognizant agency for audit: The Federal agency designated to carry out the responsibilities described in 2 CFR 200.513 Responsibilities, paragraph (a). The cognizant agency for audit is not necessarily the same as the cognizant agency for indirect costs. A list of cognizant agencies for audit may be found at the Federal Audit Clearinghouse Web site . Cognizant agency for indirect costs: The Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under this 2 CFR 200 on behalf of all Federal agencies. The cognizant agency for indirect cost is not necessarily the same as the cognizant agency for audit. For assignments of cognizant agencies see the following: a.For IHEs (Institutes of Higher Education): Appendix III to Part 200-Indirect (F&A) Costs Identification and Assignment , and Rate Determination for Institutions of Higher Education (IHEs), paragraph C.11. b.For non-profit organizations: Appendix IV to Part 200-Indirect (F&A) Costs Identification and Assignment , and Rate Determination for Non-Profit Organizations, paragraph C.12. Page 13 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement c.For State and Local governments: Appendix V to Part 200-State/Local Governmentwide Central Service Cost Allocation Plans , paragraph F.1. d.For Indian tribes: Appendix VII to Part 200-States and Local Government and Indian Tribe Indirect Cost Proposal , paragraph D.1. If an indirect cost plan approved by a Federal cognizant agency has not been received by the time of execution of this Agreement , indirect costs will not be permitted. Subsequent submission of an approved plan will not grant retroactive eligibility of indirect costs; only costs incurred subsequent to ADOT receipt and written acknowledgement of the approved plan will be eligible for indirect costs. In the event that the applying agency primarily receives FTA funds but is not a direct recipient of those funds, ADOT will function as the cost plan approver as delegated by FTA. If ADOT will function as the approver , the indirect cost plan must be in compliance with 2 CFR 200 Appendix V, VI, or VII as applicable and must be received with the signed original of this Agreement . Subsequent requests for ADOT approval within the effective period of this Agreement award will not be accepted . s.Submit program required reports of procurement activities according to the Exhibit labeled: PROCUREMENT AND THIRD PARTY CONTRACT PROVISIONS and submit reports of contract activities via email in a spreadsheet template provided by the ADOT Program Manager. t.As required by 2 CFR 200.336, grant access to and allow review of work records, technical reports, annual reporting, and all data prepared by the SUBRECIPIENT related to the programs under this Agreement . If the State or FTA finds that the work performed fails to comply with any requirement (e.g. tasks are not conducted in accordance with approved programs or tasks are found to be inconsistent with federal or state guidelines), the State or FTA may use enforcement actions contained in 2 CFR 200.338 to remedy the situation and any other appropriate remedies available at law. IV. MISCELLANEOUS PROVISIONS 1)Term Incorporation: This Agreement is governed according to the laws of the State of Arizona . All cited statutes, public law, executive orders, and policies cited in this Agreement are incorporated by reference as a part of this Agreement . It is SUBRECIPIENT responsibility to ensure that any Agreement between SUBRECIPIENT and its CONTRACTORs for use of grant funds shall incorporate the provisions contained herein. 2)Duration: This Agreement shall become effective upon signature by the parties hereto and shall remain in force and effect until PROJECT satisfaction and completion . Duration of awarded expense/cost Projects are established in Exhibit A . The life of this Page 14 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement Agreement will be the earlier of spend-down of the awarded funds or the Eligibility Expiration Date established in Exhibit A unless extended by amendment or as otherwise provided herein plus an additional forty-five (45) days for submission of the final invoice for costs through the last authorized expenditure date of the Agreement . For vehicle PROJECTS, the life of this Agreement shall continue through the useful life of the vehicle(s) as determined by FTA rules and explained under this Agreement’s section titled MISCELLANEOUS PROVISIONS: Liens on Equipment, unless extended by amendment or as otherwise provided herein. For capital facilities Projects, the life of this Agreement shall continue until the federal financial interest in the Project has depreciated. This Agreement may be cancelled at any time prior to the commencement of performance under this Agreement, upon thirty (30) days written notice to the other party. 3)Amendments: This Agreement may be amended upon mutual agreement of the Parties at any time when in the best interest of FTA , STATE, or SUBRECIPIENT. Modifications to Exhibit A describing the details of the approved PROJECT may be modified without adopting a formal amendment to this Agreement ; acceptance of the modification shall be indicated on the modified Exhibit A by an authorized signatory from the SUBRECIPIENT . 4)Matching and Federal Funding: PROJECT award amounts and match requirements are indicated in Exhibit A. The SUBRECIPIENT will provide the Match amount and fees required from eligible sources as prescribed in 49 USC Chapter 53 as described in Exhibit B appropriate to the Award(s) in Exhibit A. Wherever the program-specific eligible sources includes third party in-kind contributions, they may be accepted as the match for federal funds, in accordance and compliance with the provisions of 2 CFR 200.306 and 2 CFR 200 Subpart E. ADOT requires match to be applied to specific budget line items. In-kind contributions shall be identified and be accompanied by a narrative description of the service being provided in addition to identification of the organization that will be providing the service. The SUBRECIPIENT shall initiate and complete all actions necessary to provide its share of the PROJECT costs at or prior to the time that such funds are requested and/or required by the STATE. For those match amounts that are estimated pending procurement of the awarded PROJECT equipment, if procured by the STATE, the STATE will notify the SUBRECIPIENT regarding final match requirements, which will be due upon receipt of said notice. The notice will include a modified Exhibit A, which shall be accepted by signature and inserted into this executed Agreement without requiring contract amendment. Match for Project Equipment procured by SUBRECIPIENT shall be indicated in and deducted from the request for reimbursement . For those items with estimated amounts pending procurement that is to be completed by the SUBRECIPIENT, the estimated pricing shall be considered not-to-exceed pricing specific to the quantity and description of identified items including the prescribed match requirements. Any needed or desired variation from quantity, description, or pricing must be requested in writing and approved by the Program Manager prior to procurement. Approvals will result in a modified Page 15 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement Exhibit A being issued with updated approved not -to-exceed award, pricing, and match indicated. Without advance approval, SUBRECIPIENT is responsible for all of the increased price or quantity procured. In the event that this Agreement is terminated after matching and /or administrative funds have been issued to and deposited by the STATE , there is no guarantee of timeframe for refund of match funds, and refund shall not occur prior to the reassignment of the PROJECT award to another eligible agency and payment by that agency of any required matching funds. Remitted administrative fees are non-refundable except when this Agreement is terminated by ADOT or the STATE at no fault of the SUBRECIPIENT. In circumstances where the designated SUBRECIPIENT cannot accept delivery of the Project Equipment or where surrender of equipment is required, said equipment will be reassigned. Refund of capital match will be based on current fair-market value at the time of surrender less the cost of any repairs or modifications required to affect reassignment to another recipient and /or program. 5)Availability of Funds: Every payment obligation of STATE under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement , this Agreement may be terminated by STATE at the end of the period for which the funds are available . No liability shall accrue to STATE in the event this provision is exercised , and STATE shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 6)Liens on Equipment: The purchase of PROJECT equipment shall be undertaken by the STATE on behalf of the SUBRECIPIENT unless otherwise indicated in Exhibit A . The PROJECT equipment shall be titled in the name of the SUBRECIPIENT. To the extent of financial assistance provided, the STATE shall hold a first lien on all rolling stock acquired under this agreement in the amount of the federal share of the equipment cost. The lien placed on vehicle equipment shall remain in effect through the useful life of the vehicle , as explained in the current Program Guidebook unless this agreement is otherwise terminated under terms of this Agreement . 7)Property and Equipment, Use, Inventory, and Disposal: Title to real property under a grant will vest under acquisition in the SUBRECIPIENT or their CONTRACTOR as applicable . The procurement, use, and disposition of real property and equipment shall be consistent with the program-approved use and in accordance with the requirements of 2 CFR 1201.313, 2 CFR 200.313, ADOT Policy FIN-11.08, and Federal Property Management Standards which is herein incorporated by reference and made a part of this Agreement . The SUBRECIPIENT agrees to inventory, to maintain records of, and to insure the proper use, control, and disposal of all property, equipment, computer hardware, and furniture, acquired pursuant to funding under this Agreement. Except as otherwise provided by statute, property and equipment shall be used for the originally authorized purposes as long as needed for that purpose. SUBRECIPIENT shall comply with all requirements and guidance during the course of the lien period, including but not limited to: maintenance of the equipment, annual reporting to the STATE of administrative and vehicle performance data, annual vehicle inspections, timely incident reporting and situation Page 16 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement resolution, and other requirements as specified in the State Management Plan and current Program Guidebook. When no longer needed for the originally authorized purpose, the SUBRECIPIENT and/or their CONTRACTOR will request disposition instructions from the STATE. SUBRECIPIENT agrees to inventory , to maintain records of, and to ensure the proper use, control, and disposal of all property and equipment acquired pursuant to ADOT Policy FIN 11.08, incorporated herein by reference. 8)Modifications and Other Changes to Grant Equipment: Prior to any substantive modifications or other changes made or elimination, reduction, or addition to grant equipment, written approval from an authorized State grant program official must first be obtained . Examples include but are not limited to the elimination of wheelchair positions and additions of ambulatory seating, reduction in number or addition of passenger assist stanchions, rails, steps, secondary manufacturer and aftermarket vehicle components provided by the STATE , and other devices requiring or otherwise exposing or altering mechanical or structural modification to the vehicle. 9)Statutory Compliance: All parties shall comply with all applicable federal, state and local requirements including all applicable provision of Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. 10)Incorporation of Federal Terms: All contractual provisions required by the U.S. Department of Transportation are hereby incorporated by reference . All applicable clauses shown in the FTA Master Agreement apply to this Agreement . This provision shall be incorporated in any sub-recipient, sub-contractor, or lower-tier agreement for which funds from this Agreement shall be used for payment. The Federal Transit Administration Master Agreement can be viewed in its entirety at the link provided on the Exhibit titled: PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION. In addition to other clauses required throughout this Agreement or by State law , the SUBRECIPIENT will include applicable contract provisions in every third-party contract / purchase order using federal funding summarized (but not limited to) the following: a.The requirements in 2 CFR 200.326, b.The requirements in 2 CFR 200 Appendix II, c.FTA funded procurements /contracts: Circular 4220.1 F – Third Party Contracting Guidance or its Appendix D, as revised from time to time d.Any requirements established by a particular funding stream, program, or in funding agency guidelines. 11)Conflict of Interest: Pursuant to 2 CFR 1201.112, the SUBRECIPIENT shall disclose in writing any potential conflict of interest to the State, who shall inform the Federal awarding agency in accordance with applicable Federal awarding agency policy. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511 as regards conflicts of interest on behalf of STATE employees. Page 17 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement 12)Recordkeeping: All SUBRECIPIENTs and/or their CONTRACTORs and the parties shall retain all data, books, and other records relating to this Agreement for a period of five years after completion of the Agreement . All records shall be subject to inspection and audit by the STATE at reasonable times as set forth in A .R.S. 35-214, A.R.S. 35-215, 2 CFR 200 et seq., and applicable FTA circulars. 13)Audit: The administration of resources awarded by ADOT to the SUBRECIPIENT may be subject to audits and/or monitoring by ADOT, as described in this section. Monitoring: In accordance with 2 CFR 200.328, ADOT shall monitor all activities performed by its staff or by subrecipients of FTA funds to assure that the work is being managed and performed satisfactorily and that time schedules are being met. Therefore, in addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F, et seq., monitoring procedures may include, but not be limited to: on-site visits by ADOT staff or designees , limited scope audits as defined by 2 CFR 200 Subpart F, et seq., as revised, and/or other procedures. By entering into this Agreement, the SUBRECIPIENT agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by ADOT . In the event ADOT determines that a limited scope audit of the SUBRECIPIENT is appropriate , the SUBRECIPIENT agrees to comply with any additional instructions provided by ADOT staff to the SUBRECIPIENT regarding such audit. The SUBRECIPIENT further agrees to comply and cooperate with any inspections , reviews, investigations, or audits deemed necessary by the ADOT’s Office of Audit and Analysis , ADOT’s Office of the Inspector General (OIG) and ADOT’s Financial Management Services . It is the responsibility of the SUBRECIPIENT to monitor their sub -recipients. Federally funded: Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in 2 CFR 200 Subpart F, et seq., as revised) are to have audits done annually using the following criteria: a.In the event that the SUBRECIPIENT or their sub -recipient expends $750,000 or more in Federal awards in its fiscal year, the SUBRECIPIENT and their sub-recipient must have a Single Audit conducted in accordance with the provisions of 2 CFR 200 Subpart F, et seq., as revised. In determining the Federal awards expended in its fiscal year, the SUBRECIPIENT and their sub-recipient shall consider all sources of Federal awards, including Federal resources received from ADOT . The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200 Subpart F, et seq., as revised. An audit of the SUBRECIPIENT conducted by the Arizona Auditor General or an independent auditor in accordance with the provisions 2 CFR 200 Subpart F, et seq., as revised, will meet the requirements of this part. In connection with the audit requirements the SUBRECIPIENT shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508, et seq. b.If the SUBRECIPIENT expends less than $750,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200 Subpart F, et seq., as Page 18 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement revised, is not required. However, if the SUBRECIPIENT elects to have an audit conducted in accordance with the provisions of 2 CFR 200 Subpart F, et seq., as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from SUBRECIPIENT resources obtained from other than Federal entities ). If the SUBRECIPIENT is exempt from the Federal audit requirements , pursuant to 2 CFR 200.501(d), records must be available for review or audit by appropriate officials . Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the awarding federal agency, and percentage of federal participation. In compliance with 2 CFR 200.507, et seq., the audit shall be completed and the report must be submitted within 30 days after receipt of the auditor’s report (s), or nine (9) months of the end of the audit period. The SUBRECIPIENT shall follow up and take corrective action on audit findings . Preparation of summary schedule of prior year audit findings, including corrective action, a timetable for resolution, and current status of the audit findings are required to be submitted to ADOT . Current year audit findings require corrective action, a timetable for resolution, and status of findings will also be reported to ADOT . If the SUBRECIPIENT fails to take corrective action , ADOT will make a determination to: a.make financial adjustments to the allocated Federal funding as determined appropriate, up to and including repayment by the SUBRECIPIENT of disallowed costs , or b.ADOT may take other action as determined appropriate . If the SUBRECIPIENT has not completed corrective action , a timetable for follow-up should be provided. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to ADOT and the Arizona Auditor General. This section does not limit the authority of ADOT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official . Audit Report submission: Copies of reporting packages for audits conducted in accordance with 2 CFR 200 Subpart F, et seq., as revised, and required by this section titled AUDIT shall be submitted when required by 2 CFR 200 Subpart F, et seq., as revised, directly to each of the following: a.singleaudit@azdot.gov Page 19 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement b.The Federal Audit Clearinghouse (FAC) designated in 2 CFR 200.512 et seq., at https://harvester.census.gov/facweb/ c.Other Federal agencies and pass-through entities in accordance 2 CFR 200 Subpart F, et seq. as revised. Pass-Through Entity is defined as a non-Federal entity that provides a subaward to a SUBRECIPIENT to carry out part of a Federal program (2 CFR 200.74). Copies of written communication between the SUBRECIPIENT and the independent auditor in compliance with the Statement on Auditing Standards No 114 and as required by this section titled AUDIT of this agreement shall be submitted by or on behalf of the SUBRECIPIENT directly to : a.ADOT at the following address : Arizona Department of Transportation 206 S. 17th Ave. MD310B Phoenix, AZ 85007 b.Any written communication required to be submitted to ADOT pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200 Subpart F, et seq. c.SUBRECIPIENT, when submitting financial reporting packages to ADOT for audits done in accordance with 2 CFR 200 Subpart F, et seq. should indicate the date that the reporting package was delivered in correspondence accompanying the reporting package. If the amount of FTA funds granted to a particular SUBRECIPIENT does not trigger the requirement for an A-133 audit, the State may still request a review. 14)Dispute Resolution / Arbitration: In the event of any controversy, the Parties agree that it is in their mutual best interest to promptly meet with the purpose of resolving said Dispute. In the event that the Parties cannot resolve their dispute informally, the parties hereto agree to abide by required arbitration as set forth for in Arizona Revised Statutes Section 12-1518. 15)Third Party Antitrust Violations: The SUBRECIPIENT assigns to the STATE any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the SUBRECIPIENT toward fulfillment of this Contract . 16)Immigration: To the extent applicable under Arizona Revised Statutes Section 41-4401, each Party and its subcontractors warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under Arizona Revised Statutes Section 23-214(A). A breach of the above-mentioned warranty by Page 20 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement any Party or its subcontractors shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by the non -breaching Parties. Each Party retains the legal right to randomly inspect the papers and records of the other Parties or its subcontractor employees who work on the Agreement to ensure that the Parties or its subcontractors are complying with the above-mentioned warranty. 17)Termination for Convenience: Either Party has the right to terminate the Agreement , in whole or in part at any time, when in the best interests of the FTA , SUBRECIPIENT, or STATE without penalty or recourse. 18)Termination for Default: STATE reserves the right to terminate this Agreement in whole or in part due to failure of SUBRECIPIENT to carry out any term , promise, or condition of the Agreement. STATE will issue a written ten (10) day cure notice to SUBRECIPIENT for failure to adequately perform, or if there is reason for STATE to believe that the SUBRECIPIENT cannot or will not adequately perform the requirements of the Agreement . If SUBRECIPIENT does not submit a Corrective Action Plan to the satisfaction of STATE within the ten (10) day period, then STATE may pursue action in accordance with the Agreement Article titled : Arbitration. 19)Transparency Act: Because ADOT receives federal funds , ADOT is required to comply with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments. ADOT is required to report awards to subrecipients when they exceed $25,000 in funding. ADOT is not currently aware of reporting requirements that might become required from SUBRECIPIENTS. Should requirements be stipulated wherein information is required from SUBRECIPIENTS, such information will be requested. The SUBRECIPIENT herein agrees that in a timely manner, and in the method specified by the STATE , the SUBRECIPIENT will provide information that is requested by the STATE to enable the STATE’s compliance with the requirements as may be applicable. 20)Federal Certifications and Assurances for FTA Assistance Programs: Pursuant to 49 U.S.C. 5323(n), the FTA consolidated the certifications and assurances required by Federal law or regulations for its programs. On an annual basis, any agency with an active FTA capital or formula project must provide an affirmation by SUBRECIPIENTs attorney pertaining to the SUBRECIPIENTs legal capacity. The SUBRECIPIENT must agree to comply with all categories applicable to ADOT, who is considered to be the APPLICANT and SUBRECIPIENT of the funds by FTA, regardless of current applicability of the initial award under this Agreement . This is to ensure that should the category become applicable during the life of the Agreement , the SUBRECIPIENT will comply. The FTA Certifications and Assurances will be provided to the SUBRECIPIENT under separate packet as they are released by the FTA and subsequent to ADOT filing agreement. Continuation of this Agreement shall be contingent on completion and submission of that packet within the deadline expressed at time of distribution. The FTA Certifications and Assurances , as modified and accepted each year shall be considered incorporated into this Agreement by reference . Page 21 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement The Parties understand and agree that not every provision of these twenty-four (24) Certifications and Assurances will apply to every Applicant or every Project . The type of Project and SUBRECIPIENT will determine which Certifications and Assurances apply . SUBRECIPIENT also understands and agrees that these Certifications and Assurances are pre-award requirements, generally required by Federal law or regulation, and do not include all Federal requirements that may apply. Our FTA Master Agreement, available at the link provided on the Exhibit titled: PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION contains a list of most of those requirements. SUBRECIPIENT is ultimately responsible for compliance with the Certifications and Assurances that apply to it or its Project, even if a Subrecipient or other Third Party Participant may be involved in your Project, except as FTA determines otherwise in writing . For this reason, we strongly encourage SUBRECIPIENT to take the appropriate measures , including, but not limited to, obtaining sufficient documentation from each SUBRECIPIENT and other Third Party Participant to assure the validity of applicable Certifications and Assurances . SUBRECIPIENT understands and agrees that when applying for funding on behalf of a consortium, joint venture, partnership, or team, SUBRECIPIENT must identify the activities each member will perform and the extent to which each member of that consortium, joint venture, partnership, or team will be responsible for compliance with the Certifications and Assurances , except as FTA determines otherwise in writing . The FTA Certification and Assurances required of ADOT and its SUBRECIPIENTS are issued annually subsequent to ADOT signing the same . They are available for viewing in the E-Grant system and are incorporated herein by reference. Completion and Signing of this FTA Certification and Assurances document is a requirement and a condition to receive federal funding through ADOT and does not relieve the SUBRECIPIENT of any obligation of other certifications or assurances required in any application or contracting process, and should be treated as an addition to such certifications and assurances. 21)Entire Agreement: This Agreement may be amended , modified, or waived only by an instrument in writing signed by both Parties. Should the PROJECT awarded under this Agreement be completed at a lower cost than the amount awarded, or for any other reason should any of these funds not be expended, or expended in other than in strict accordance with the terms and conditions of this Agreement , a proportionate amount of the funds provided shall be reimbursed to the STATE. Except as identified in the PROJECT the SUBRECIPIENT shall not assign any portion of the PROJECT or execute any agreement , contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the STATE . 22)Israel Boycott Not Permitted: Legislation has been enacted to prohibit the State from Page 22 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01, the SUBRECIPIENT warrants that it is not engaged in a boycott of Israel as defined in A.R.S. 35-393 et seq. In Jordahl v. Brnovich et al., Case No. 3:17-cv-08263 (D. Ariz.), the U.S. District Court entered a preliminary injunction, attached, that enjoins the State from enforcing A .R.S. § 35-393.01(A) (the “Anti-Israel Boycott Provision”). That statute states that: “[a] public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.” V. SECURITY AGREEMENT 1)In consideration of the funded PROJECT equipment identified in Exhibit A including any equipment added, and conveying title thereto, the SUBRECIPIENT hereby grants ADOT a security interest in the PROJECT equipment in the amount indicated in Exhibit A as the “Federal Portion” payable to the Department upon its demand, if and only if: a.The SUBRECIPIENT by itself or any agent sells , transfers, offers or attempts to sell or transfer, in whole or in part, the PROJECT equipment, or, b.The PROJECT equipment is totally destroyed or is lost , stolen or otherwise disappears, or, c.This Agreement by and between the STATE and the SUBRECIPIENT is terminated . 2)In the event of the occurrences described in Articles V .1.a or V.1.c, the SUBRECIPIENT shall be liable for no more than the fair market value of the PROJECT equipment on the date of the occurrence of such event. 3)In the event the PROJECT is totally destroyed , lost, stolen, or disappears, the obligation herein may be extinguished by assigning to ADOT the proceeds of insurance covering such an event , provided the assignment and the ultimate payment is equal to the fair market value of the PROJECT equipment on the date of occurrence of such event . 4)Upon the occurrence of any other event described herein which would allow the STATE to demand payment under this agreement, the obligation assured herein may be extinguished by assigning the herein PROJECT equipment to ADOT in as good a condition as when received , normal wear and tear excepted, thereby no longer having any further obligation to reimburse the STATE should the STATE exercise its right to terminate the agreement under the Agreement Articles titled: Termination for Convenience and/or Termination for Default. ADOT may refuse to accept such assignment, if in its sole judgment the PROJECT equipment has been abused or is Page 23 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement in such condition as to substantially impair its value. 5)During the useful, economical life of the PROJECT equipment , as defined in the current Program Guidebook and Application for the grant year , the equipment may be surrendered to ADOT subject to stipulated terms and ADOT acceptance , and the obligation herein will be extinguished. 6)In the event of a vehicle transfer back to ADOT during useful life , the Secondary Manufacturer and Aftermarket Vehicle Components, in addition to the original equipment manufacturer (OEM) components (as supplied by the manufacturer or vendor to the STATE or ADOT ) or their equivalent—must remain with the vehicle as delivered by ADOT to the SUBRECIPIENT and are considered to be included in the lien. 7)Secondary Manufacturer and Aftermarket Vehicle Components As Part of the Lien for Lift-Equipped Vehicles: In addition to the Original Equipment Manufacturer (OEM—i.e., Ford, Dodge, Chevrolet, etc.) chassis, the Secondary Manufacturer adds to this chassis the following equipment, non-inclusive, which are considered part of the vehicle and therefore remain on lien with the vehicle, along with OEM components (Note: as a part of the vehicle modifications, the Secondary Manufacturer may also remove some OEM parts, replacing with after-market items): a.Fast idle system, after-market alternator (200A) replacing OEM unit, related wiring, accessory drive belts and pulleys (varies by vehicle type, alternator and A/C compressor configuration), inside vehicle-located electrical fuse, fuse block and breaker box with key(s), b.Under-hood or elsewhere on chassis, dual deep cycle marine batteries, in some vehicles combined with an isolator system, c.Adjacent to, behind and above the front windshield area, a separate or modified body which is manufactured and installed in the driver and passenger compartment area to accommodate the driver, his/her vehicle and accessory system controls, and passenger, mobility-device and safety equipment. This body construction or modification typically includes related after-market windows, passenger service entry door(s), emergency rear door(s), and emergency exit/access door (i.e., hatch, roof mounted). The degree to which OEM equipment and body parts (including doors, windows, etc.) are removed permanently by the secondary manufacturer for the latter’s vehicle modification purposes varies by whether the vehicle is a dual-rear wheel cutaway or single rear wheel raised roof lift van, d.Passenger (and on some vehicles, driver’s) seats and, where required, seat belts, e.Passenger ingress, egress and other assist stanchions and handrails, modesty panels, f.Wheelchair lift door, lift mechanism and related control apparatus at the lift and driver area, related transmission/brake interlock equipment preventing unwanted motion of the vehicle Page 24 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement when door is ajar and/or lift is otherwise in operation, g.Wheelchair position components, related restraint and securement belts and belt storage, h.Added springs or other weight compensating devices to suspension, i.Additional equipment related to dual battery installation (in some units), j.Basic first aid kit and other emergency/safety items, typically including flares, reflector triangles and fire extinguisher, wide-view internal rearview mirror, and outside rearview “RV-style” mirrors, internal and external lighting for lift, access doors and interior of vehicle, reverse alarm (some vehicles), k.Rear heater and related lines and under-body flow controls, l.Air conditioning equipment for rear passenger area including added condenser(s) (street-side “skirt” mounted), rear compartment evaporator, related refrigerant lines, air outlets and controls, on some units added (second) compressor and related belts and pulleys. m.If the SUBRECIPIENT-agency returning the vehicle to ADOT is uncertain regarding any particular component, it may contact ADOT or the issuing vendor regarding that component(s). The SUBRECIPIENT should otherwise assume that any component supplied on or with the vehicle at the time of delivery to the SUBRECIPIENT should be returned to ADOT in its originally-removed state. n.Other equipment purchased for the Project equipment is to remain with equipment or otherwise be surrendered to ADOT . 1.Exception: After-market communication radios or other communication equipment added to the Project equipment, if ADOT agrees that the SUBRECIPIENT should have further legitimate use of that communication equipment, may be retained by the SUBRECIPIENT or surrendered to ADOT, to be designated by the Program Manager. o. This list includes only “major” items added by the after-market supplier and shall not be considered all-inclusive. The vendor and ADOT retain on file complete parts listings that will be reviewed by ADOT upon return of the vehicle to ADOT and /or prior to transfer of the vehicle to another recipient agency. Page 25 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement 8)This security agreement and its terms shall not inure to the benefit of any assignee, purchaser for value, or any other person acquiring an interest herein, and this security interest herein created shall not be extinguished until and unless the STATE receives the fair market value of the PROJECT equipment on the date of assignment , purchase, or acquisition of other interest. VI. COMPLIANCE WITH MANUFACTURER’S MAINTENANCE SCHEDULE By signing this Agreement , the SUBRECIPIENT of Project Rolling Stock award(s) agrees to abide by the vehicle manufacturer's schedule of maintenance, at a minimum, during the period this vehicle is operated in conjunction with the Arizona Department of Transportation , or its successor agency. Additionally, the ADA requires that: Public and private entities providing transportation services shall maintain in operative condition those features of facilities and vehicles that are required to make them readily accessible to and usable by, individuals with disabilities. These features include but are not limited to, lifts and other means of access to vehicles, securement devices, signage and systems to facilitate communications with persons with impaired vision or hearing. Accessibility features must be repaired promptly if they are damaged or out of order. When an accessibility feature is out of order, the entity must take reasonable steps to accommodate individuals with disabilities who would otherwise use the feature. A system of regular and frequent maintenance checks of lifts is required . If a lift fails to operate when in service, the ADA requires the vehicle be taken out of service before the beginning of the vehicle’s next service day. The lift must then be repaired before the vehicle returns to service. If a contract operator is used for ADA-related service, the SUBRECIPIENT must ensure the contractor notifies the SUBRECIPIENT immediately of any failure of the lift to operate in service . If there is no spare vehicle to take the place of a vehicle with an inoperable lift, the SUBRECIPIENT may keep the vehicle in service for no more than five days if it serves an area of 50,000 or less population, or three days if it serves an area of 50,000 or more population. VII. GENERAL ASSURANCES 1)The SUBRECIPIENT is an agency that has been designated as eligible for the Award (s) described in the Application and /or Exhibit A pursuant to the program relevant section of 49 USC. 2)The SUBRECIPIENT assures that it has the legal , financial, and technical capacity to carry out its proposed Project described herein, including safety and security aspects of that program. Page 26 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement 3)The SUBRECIPIENT will have satisfactory continuing control over the use of project equipment and facilities. 4)The SUBRECIPIENT has or will have prior to procurement , sufficient funds to provide the local match and any required fees for the equipment purchased under this contract and to operate and maintain the vehicles or equipment purchased under this project. 5)The SUBRECIPIENT assures affirmative compliance with Title VI of the Civil Rights Act of 1964 – Nondiscrimination in the Provision of Service (FTA C 4702.1; FTA C 9040.1E; and FTA C 9070.1E). 6)The transportation needs of elderly persons and persons with disabilities have or will be addressed by the SUBRECIPIENT, pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794). 7)The SUBRECIPIENT has demonstrated and will continue to demonstrate efforts to achieve coordination with other transportation providers, including social service agencies capable of purchasing service. The SUBRECIPIENT has participated in the development of a local coordinated public transit human services transportation plan for the area(s) in which project vehicles will be used. 8)Private transit and paratransit operators and the public have been afforded a fair and timely opportunity to participate to the maximum extent feasible in the provision of the proposed transportation services by the SUBRECIPIENT. 9)The SUBRECIPIENT assures that it will comply with applicable provisions of the Americans with Disabilities Act (ADA), (Public Law No. 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act including 28 CFR parts 35-36, and applicable provisions of 49 CFR Parts 27, 37 and 38: Transportation for Individuals with Disabilities ; Final Rule. The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding “Non -Discrimination”. 10)The SUBRECIPIENT will comply with the applicable provisions of the guidelines relative to charter bus service (Title 49 CFR Part 604) and school bus operations (Title 49 CFR Part 605; Title 49 USC 5323(f)). 11)The SUBRECIPIENT assures that it will comply with all applicable Federal statutes and regulations in carrying out any project supported by an FTA grant or cooperative agreement . The SUBRECIPIENT agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative agreement issued for its project with FTA . The SUBRECIPIENT recognizes that Federal laws and regulations may be modified from time to time and those modifications may affect project implementation . The SUBRECIPIENT understands that Presidential executive orders and Federal directives, including Federal policies and program Page 27 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement guidance may be issued concerning matters affecting the SUBRECIPIENT or its project . The SUBRECIPIENT agrees that the most recent Federal laws , regulations, and directives will apply to the project, unless FTA issues a written determination otherwise . 12)The SUBRECIPIENT agrees that reimbursement of any cost in accordance with the indicated payment methods for its Award does not constitute a final FTA decision about the allowability of that cost and does not constitute a waiver of any violation by the SUBRECIPIENT of the terms of its Award. If the Federal Government determines that the SUBRECIPIENT is not entitled to receive any part of the federal assistance requested, the Federal Government will notify the SUBRECIPIENT stating the reasons. Closeout of the Award will not alter the SUBRECIPIENT’s obligation to return any federal assistance due to FTA as a result of later refunds , corrections, or other transactions. Nor will closeout of the Award alter FTA’s right to disallow costs and recover federal assistance on the basis of a later audit or other review. Unless prohibited by law, FTA may offset any federal assistance to be made available under its Award necessary to satisfy any outstanding monetary claims that FTA may have against the SUBRECIPIENT . Exceptions pertaining to disallowed costs are set forth in FTA directives or in other written federal guidance . VIII. DRUG FREE WORKPLACE In accordance with the Drug-Free Workplace Act of 1988 (41 USC 701 et. seq. and 49 CFR Part 32 et seq., each SUBRECIPIENT is required to maintain a drug -free workplace for all employees and to have an anti-drug policy and awareness program. Grant direct recipients must agree that it will provide a drug-free workplace and comply with all requirements of 49 CFR Part 32 et seq. The STATE requires compliance by SUBRECIPIENTs. The SUBRECIPIENT certifies that it will provide a drug -free workplace by: 1)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the SUBRECIPIENT’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2)Establishing an ongoing drug-free awareness program to inform employees about: a.The dangers of drug abuse in the workplace; b.The SUBRECIPIENT's policy of maintaining a drug-free workplace; c.Any available drug counseling, rehabilitation, and employee assistance programs; and d.The penalties that may be imposed upon employees for drug abuse violations in the workplace. 3)Making it a requirement that each employee to be engaged in the performance of the grant or cooperative agreement be given a copy of the statement required by paragraph (1); 4)Notifying the employee in the statement required by paragraph (1) that, as a condition of Page 28 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement employment under the grant or cooperative agreement, the employee will: a.Abide by the terms of the statement; b.Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5)Notifying the STATE in writing, within ten calendar days after receiving notice under subparagraph (4.b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every project officer or other designee on whose project activity the convicted employee as working, unless the Federal agency has designated a cartel point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant or cooperative agreement . 6)Taking one of the following actions , within 30 calendar days of receiving notice under subparagraph (4.b), with respect to any employee who was convicted: a.Taking appropriate personnel action against such an employee , up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b.Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. IX. CERTIFICATION ON RESTRICTIONS ON LOBBYING The SUBRECIPIENT (excluding Federally recognized Tribal governments , (Tribes, Nations, Communities) and its representative hereby certify to the Arizona Department of Transportation , that to the best of my knowledge and belief: 1)No Federal appropriated funds have been or will be paid by or on behalf of the SUBRECIPIENT to any person to influence or attempt to influence an officer or employee of any Federal agency , a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress regarding the award of Federal assistance, or the extension, continuation, renewal, amendment, or modification of any Federal assistance agreement; and a.If any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any Federal agency , a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with any application for Federal assistance, the SUBRECIPIENT assures that it will complete and submit Standard Form LLL , "Disclosure Form to Report Lobbying," including information required by the instructions Page 29 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. b.The language of this certification shall be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, sub agreements, contracts under grants, loans, and cooperative agreements). 2)The SUBRECIPIENT understands that this certification is a material representation of fact upon which reliance is placed by the Federal Government and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S.C. 1352. The SUBRECIPIENT also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. X. DEBARMENT, SUSPENSION, RESPONSIBILITY MATTERS FOR PRIMARY AND LOWER TIER COVERED TRANSACTIONS The SUBRECIPIENT agrees to comply, and assures the compliance of each third-party contractor and sub-recipient at any tier, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Governmentwide Debarment and Suspension Non-procurement)," and CFR 200.212. The SUBRECIPIENT agrees to and assures that its third party contractors and sub-recipients will review the Excluded Parties Listing System available at the link provided on the Exhibit titled PROGRAM DESCRIPTION AND COMMUNICATIONS AND CONTACT INFORMATION before entering into any contracts. In accordance with the provisions of U.S. Department of Transportation (U.S. DOT) regulations on Government wide Debarment and Suspension (Nonprocurement) at 49 CFR 25.510, the SUBRECIPIENT (Primary Participant) certifies to the best of its knowledge and belief, that it and its principals: 1)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes; making false statements, or receiving stolen property; 3)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in paragraph 2 of this certification, and; Page 30 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement 4)Have not within a three year period preceding this application had one or more public transactions (Federal, state or local) terminated for cause or default. The SUBRECIPIENT (Primary Participant) certifies that if it becomes aware of any later information that contradicts the statements in paragraphs 1 through 4 above, it will promptly inform FTA. Should the SUBRECIPIENT (Primary Participant) be unable to certify to statements set forth in paragraphs 1 through 4 above, it shall so acknowledge with its signature and provide a written explanation to FTA . XI. ARIZONA ELECTRONIC TRANSIT GRANT MANAGEMENT SYSTEM (E-Grants) The STATE has implemented an electronic transit grant management system , titled “E-GRANTS”. The SUBRECIPIENT agrees to submit all related documents through that system as required and requested by the STATE. The SUBRECIPIENT further agrees that any scanned documents attached in E -Grants shall comply with minimum 300 dpi scanning requirements, be clearly legible, and in PDF format. The STATE certifies that the electronic signatures comply with ARS 41-132 and ARS 44-7031. The SUBRECIPIENT agrees that pursuant to ARS 41-132, any electronic signature processed through E-GRANTS has the same force and effect as a written signature and shall be considered a valid original pursuant to ARS 11 -487.02. The following rules apply for E-Grants users: 1)Password setup--Minimum 8 characters where the complexity is 3 of 4 [Upper alpha, lower alpha, numeric, and symbols]. a.External users will be required to register their user name and password on the system. This username and password will be tied to an email account. Users in the ‘ADOT System Administrator’ role will be required to approve the users before they can be set up . b.There will be an administrator role within the Entity Organization, ‘Agency Administrator’ which shall be able to grant role and access privileges to the registered user. The ‘Agency Administrator’ shall be able to deactivate any user at any given time . 2)Passwords expire every 60 days and must be reset. a.When a password has expired, the user will be redirected to the Profile page on login, and forcing a new password to be set before they can leave the profile page. 3)Lockout based on unsuccessful attempts – Following 5 unsuccessful login attempts, the account will be locked out from use for a minimum of 20 minutes. 4)The system will disable user accounts that have not been used for 6 months. Page 31 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Grant Agreement a.By default, any account that has not been used in the last 6 months shall be disabled. The system shall send automatic reminders 2 week prior to such date every year, informing the user to login or else the account will be disabled. The system shall also automatically reactivate users that have used in the account in the last 6 months. b.To reactivate an account that has been disabled , the user will have to go to a screen which will be similar to the ‘Forgot password’ screen . They will have to provide their user name and the email address they used when they registered to authenticate themselves. The account shall be added to the pool of accounts that need to be reactivated. c.The ‘ADOT System Administrator’ will be able to verify all the accounts that need to be reactivated and have the ability to go in and make them ‘active’ by setting an ‘active date’ when applicable. Page 32 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Signature Page for Grant Agreement . SIGNATURE PAGE FOR GRANT AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION MULTIMODAL PLANNING DIVISION acting for and on behalf of THE STATE OF ARIZONA AND Town of Oro Valley E-Grant Application Number: 5310-2019-Town of Or-00042 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written . Town of Oro Valley STATE OF ARIZONA Arizona Department of Transportation By_______________________________________By____________________________________ Signatory Name(Printed):Gregory Byres, PE Director, Multimodal Planning Division Signatory Title(Printed): Date Signed:_____________________________Date Signed:_____________________________ Page 33 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Attorney Determination ATTORNEY DETERMINATION FOR GRANT AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION MULTIMODAL PLANNING DIVISION acting for and on behalf of THE STATE OF ARIZONA AND APPROVAL OF Town of Oro Valley E-Grant Application Number: 5310-2019-Town of Or-00042 {This page must be signed by either an attorney or by a legally authorized agency signatory.} I have reviewed this Grant Agreement BETWEEN the STATE OF ARIZONA, by and through its ARIZONA DEPARTMENT OF TRANSPORTATION, MULTIMODAL PLANNING DIVISION and Town of Oro Valley and declare this Agreement to be in proper form and within the powers and authority granted to the Town of Oro Valley under the laws of the State of Arizona . No opinion is expressed as to the authority of the State to enter into this Agreement . DATED this ______________ day of ____________________________, _______ ___________________________________________________________________________________ Attorney for the Town of Oro Valley Option for Private or Not-for-Profit Agencies Only: I herein state that the agency is a Private or Not-for-Profit Agency, and that as a legally-authorized signatory, by signing below, I Acknowledge and Waive attorney review of this Agreement . I further acknowledge that ADOT recommends an attorney review this Agreement even if not mandatory . DATED this ______________ day of ____________________________, _______ ___________________________________________________________________________________ Agency Signature ___________________________________________________________________________________ Page 34 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Attorney Determination Print Name and Title of Signatory Page 35 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit A EXHIBIT A PROJECT AWARD DESCRIPTION During the application cycle, the application budget details represent Exhibit A information . All contractual terms should be reviewed, approved, and accepted as if the entire application will be approved. Once the application review cycle is completed and actual awards are issued, Exhibit A will be updated to reflect the award. aI certify that I have read and understand this page. Page 36 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit B 5310 EXHIBIT B PROGRAM DESCRIPTION and COMMUNICATIONS and CONTACT INFORMATION 49 USC 5310 REV 11/13/2018 49 U.S.C. 5310 authorizes the formula assistance program for the special needs of elderly individuals and individuals with disabilities, subject to annual appropriations. 49 U.S.C. 5310(a)(1) authorizes funding for public transportation capital projects planned, designed and carried out to meet the special needs of elderly individuals and individuals with disabilities. 49 U.S.C. 5310(a)(2) provides that a STATE may allocate the funds apportioned to it to: 1.a private non-profit organization, if public transportation service provided by STATE and local governmental authorities (defined as counties, cities, towns, public agencies, and tribal governments) under Section 5310(a)(1) is unavailable,insufficient, or inappropriate; or 2.a governmental authority that is approved by the STATE to coordinate services for elderly individuals and individuals with disabilities; or certifies that there are not any non-profit organizations readily available in the area to provide the special services. Under the FAST Act, the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. 5310) provides formula funding to States and Designated Recipients of large UZAs (Urban Zoned Area) with populations of 200,000 or more to improve mobility for seniors and individuals with disabilities. This program provides funds to: 1.serve the special needs of transit-dependent populations beyond traditional public transportation service, where public transportation is insufficient , inappropriate, or unavailable; 2.projects that exceed the requirements of the Americans with Disabilities Act (ADA) act; 3.project that improve access to fixed route service and decrease reliance on complementary paratransit; and 4.projects that are alternatives to public transportation. Eligible sub-recipients include: private nonprofit agencies, public bodies approved by the state to coordinate services for elderly persons and persons with disabilities, or public bodies which certify to the Governor that no nonprofit corporations or associations are readily available in an area to provide the service. Funds provided under other Federal programs (other than those of the Department of Transportation , with the exception of the Federal Lands Transportation Program and Tribal Transportation Program established by sections 202 and 44-203 of title 23 U.S.C.) may be used for local match for funds provided under section 5310, and revenue from service contracts may be used as local match. The SUBRECIPIENT will ensure that matching funds qualify under the 49 USC 5310 as appropriate to the awarded PROJECT(s) indicated in Exhibit A. SUBRECIPIENTS that receive only Section 5310 assistance are not subject to FTAs Drug and Alcohol Testing Page 37 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit B 5310 Rules, but must comply with the Federal Motor Carrier Safety Administration (FMCSA) rule for employees who hold Commercial Driver’s Licenses (49 CFR Part 382) when and where applicable. Pursuant to FTA Circular 9070.1F(1), Section 5310 RECIPIENTS and SUBRECIPIENTS that also receive funding under one of the covered FTA programs (such as 5307, 5309, or 5311) should include any employees funded under Section 5310 projects in their testing program. This recommendation includes sub-recipients, operators, and contractors. The 5310 Guidebook outlines program requirements and is incorporated herein. COMMUNICATIONS AND CONTACT INFORMATION: All notices or demands upon any party relating to this Agreement shall be in writing delivered through the Electronic Grant Management System whenever possible. When electronic submission is not feasible, delivery in person or sent by mail addressed as follows is required: STATE Agreement Contact STATE Manager of Transit Services STATE Reimbursement Contact Name Sally J. Palmer Jill Dusenberry Angela Ringor Title Contracts Program Manager Transit Group Manager Senior Accountant Email SPalmer@azdot.gov JDusenberry@azdot.gov ARingor@azdot.gov Phone 602-712-6732 602-712-8243 602-712-8316 Arizona Department of Transportation Mailing Multimodal Planning Division Address Mail Drop 310B 206 S. 17th Avenue Phoenix, AZ 85007 STATE Program Manager Contacts Region/Program Coordinated Mobility Program and 5310 for Regions CYMPO, FMPO, LHMPO, NACOG, WACOG, and YMPO Name Ann Cochran Email ACochran@azdot.gov Phone 602-712-7463 Region/Program Coordinated Mobility Program and 5310 for Regions CAG, MAG, PAG, SCMPO, SEAGO, and SVMPO Name Lindsay Post Email LPost@azdot.gov Phone 602-712-8774 Page 38 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit B 5310 Arizona Department of Transportation Multimodal Planning Division Mailing Address Mail Drop 310B All Regions 206 S. 17th Avenue Phoenix, AZ 85007 OTHER LINKS Program Handbooks http://azdot.gov/planning/TransitProgramsandGrants /program-handbook-applications-a nd-awards Excluded Parties Listing System https://www.sam.gov/portal/SAM/#1 (redirects from www.epls.gov) FTA Master Agreement MA (23) for Federal FY 2017 https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-maste r-agreement-fiscal-year-2017 aI certify that I have read and understand this page. Page 39 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit C Responsibility Matrix EXHIBIT C RESPONSIBILITY MATRIX Actions (not all-inclusive list) SUBRECIPIENT Responsibility STATE / ADOT Responsibility Ensure Transit Services Provided Provide transit services to service area Oversight / Review Performance Procurements by Sub- Recipient (Refer to G uidebook) Submit procurement documentation as specified in Guidebook Timely Review and Approve/Reject Progress Reports Submit as instructed within deadlines established Review progress reports for program compliance Reimbursement Requests Submit invoice, budget spreadsheet, and system generated documentation to TransitInvoice@azdot.gov PM - Review and Approve/Reject within 7 days; Grant Accountant - process payments within 15 days DBE Reporting Submit reporting of contracts/expenditures as applicable through https://arizonalpa.dbesystem.com Analyze & Report to FTA Compliance Comply with all applicable terms and conditions as stipulated in the Agreement and explained in the applicable Guidebook(s) Oversight & Contract Administration aI certify that I have read and understand this page. Page 40 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit D Procurement EXHIBIT D PROCUREMENT AND THIRD PARTY CONTRACT PROVISIONS (REV 02/22/2016) In the event the SUBRECIPIENT is authorized to procure Project equipment or services , SUBRECIPIENT is responsible for following all procurement requirements established in the Agreement , the Grant program, and in the current FTA Procurement Circular titled "Third Party Contracting Guidance" known at the time of this udpate as Circular 42201F. Pursuant to the authority granted in 2 CFR 1201.317 for States to determine the policies and procedures for sub-recipients of the State to follow when procuring property and services under a Federal award, ADOT Multimodal Planning Division herein establishes this procurement rule: 1.If the sub-recipient is a local public agency or political subdivision of this state and has adopted the State Procurement Code pursuant to ARS 41-2501, the sub-recipient shall follow the State Procurement Code except and unless a federal rule applicable pursuant to the rules of the funding agency is more restrictive, then it shall apply. 2.If the sub-recipient has completed procurement self-certification processes through ADOT , the sub-recipient shall follow the certified procurement rules except and unless a federal rule applicable pursuant to the rules of the funding agency is more restrictive, then it shall apply. 3.All other sub-recipients of MPD shall follow 2 CFR 200.317 through 200.326 as applicable, Appendix II to Part 200, other CFR references provided in 2 CFR part 200 et seq. Include applicable contract provisions in every third-party contract and purchase order. In addition to other clauses required throughout this Agreement , a reference a table of required federal terms and conditions is provided to assist you in ensuring appropriate inclusion. The list is not all-inclusive. The SUBRECIPIENT is responsible to provide all statutory / contractual references, explanatory comments, and additional forms and certifications that may be required. Procurement Pro from National RTAP can be a good resource for the required federal language . However, the State DBE and Title VI required language must also be included (See Exhibits E & F). Using Procurement Pro does not relieve the SUBRECIPIENT from the responsibility of ensuring that all the terms and conditions are complete and in compliance with Federal, State, and Local regulations. Procurement contracts for rolling stock or rolling stock replacement parts are limited to five years pursuant to 49 USC 5325(e)(1). In all other procurement efforts , the sub-recipient must use sound business judgment and be judicious in establishing reasonable contract periods of performance (Circular 4220.1F). Time extensions must be considered in the light of whether they are permissible changes or impermissible cardinal changes. Once awarded, extension of the contract term length that amounts to a cardinal change will require sole source justification. Scope Changes: Federal legislation and implementing regulations allow for change orders within the Page 41 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit D Procurement scope of the work covered by the contract. In the event of changed conditions, an adjustment of contract scope is permissible if the altered character of the work does not differ materially from that of the original contract as long as the work is approved by the ADOT Project Manager with the requirement that the change must involve the work covered by the contract. All scope changes must be reviewed and documented in advance of proceeding to ensure the change is permissible under State and Federal requirements and regulations. Impermissible Changes: Certain changes are not permitted when using federal funding. Neither the contractor nor the subrecipient may request any change in the scope of work that would be considered impermissible. 1.Improper Contract Expansion. A contract has been improperly expanded when it includes a larger scope, greater quantities, or options beyond the original recipient‘s reasonably anticipated needs. A contract has also been improperly expanded when excess capacity has been added primarily to permit assignment of those contract rights to another entity. Changes in Quantity: To categorize virtually any change in quantity as a prohibited cardinal change (sometimes referred to as an out-of-scope change) fails to account for the realities of the marketplace and unnecessarily restricts a recipient from exercising reasonable freedom to make minor adjustments contemplated fairly and reasonably by the parties when they entered into the contract. The U.S. Supreme Court decision in Freund v. United States, 260 U.S. 60 (1922) supports FTA‘s policy . 2.Cardinal Changes. A significant change in contract work (property or services) that causes a major deviation from the original purpose of the work or the intended method of achievement, or causes a revision of contract work so extensive, significant, or cumulative that, in effect, the contractor is required to perform very different work from that described in the original contract , is a cardinal change. Such practices are sometimes informally referred to as “tag-ons". A change within the scope of the contract (sometimes referred to as an in-scope change) is not a tag-on or cardinal change. a.Identifying Cardinal Changes. Recognizing a cardinal change to a third party contract can be difficult. A cardinal change cannot be identified easily by assigning a specific percentage , dollar value, number of changes, or other objective measure that would apply to all cases. b.Tests. Among other things, customary marketing practices can influence the determination of which changes will be “cardinal.” Other tests involve the nature and extent of the work to be performed, the amount of effort involved , whether the change was originally contemplated at the time the original contract was entered into, or the cumulative impact on the contract’s quantity , quality, costs, and delivery terms. Some specific explanation and court case references about what these tests might entail can be found at: http://www.fta.dot.gov/12831_6192.html#BM9_2_1 . c.Rolling Stock. In the case of rolling stock, a major change in quantity or a substitution of major end items not contemplated when competition for the original award took place would generally be a cardinal change. Another cardinal change would, at this time, include a change from a high-floor Page 42 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit D Procurement to a low-floor vehicle. Changing an engine might result in a cardinal change depending on the circumstances surrounding the project and whether a compatible replacement could be obtained through competition. FTA considers changes to seating , fabrics, and colors, exterior paint schemes, signage, and floor covering, and other similar changes to be permissible changes. A more extensive discussion on Changes and Modifications can be found in FTA’s Best Practices Procurement Manual (BPPM). FTA Rules (Best Practices Procurement Manual http://www.fta.dot.gov/grants/13054_6037.html ): Cardinal Changes: “With respect to the FTA requirements governing changes , the change must be within the scope of the original contract. If it is not within the scope, it is considered a cardinal change. Such changes are not properly processed as changes under the Changes clause, but are properly processed as new procurements according to the principles of FTA Circular 4220.1[F](sig.) — Procurement by Noncompetitive Proposals.” FTA Rules (Circular 4220.1F http://www.fta.dot.gov/legislation_law/12349_8641.html ): Change Order, I–4, VI–21, VII–4, VII–5 FTA expects each recipient to comply with the following procedures and ADOT , as the recipient, passes those requirements to the subrecipient: The subrecipient is responsible for issuing, evaluating, and making necessary decisions involving any change to its third party contracts, and any change orders, or modifications it may issue. The subrecipient is also responsible for evaluating and making the necessary decisions involving any claim of a constructive change. In general, 1.Approval Requirements. Cost justifications supporting each change order is required. The subrecipients authorized official must approve any proposed change order before it is issued . 2.Cost Restrictions. To be eligible for FTA assistance under the grant , the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant agreement, and reasonable for the completion of project scope. Page 43 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit D Procurement THIRD PARTY CONTRACT PROVISIONS TYPE OF PROCUREMENT PROVISION Professional Services / A&E Operations / Management Rolling Stock Purchase Construction Materials & Supplies No Federal Government Obligations to Third Parties (by Use of a Disclaimer) All All All All All False Statements or Claims Civil and Criminal Fraud All All All All All Access to Third Party Contract Records All All All All All Changes to Federal Requirements All All All All All Termination >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. >$10,000 if 49 CFR Part 18 applies. Civil Rights (Title VI, ADA, EEO except Special DOL EEO clause for construction projects) All All All>$10,000 All All Special DOL EEO clause for construction projects All>$10,000 Page 44 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit D Procurement THIRD PARTY CONTRACT PROVISIONS TYPE OF PROCUREMENT PROVISION Professional Services / A&E Operations / Management Rolling Stock Purchase Construction Materials & Supplies Disadvantaged Business Enterprises (DBEs) All All All All All Incorporation of FTA Terms All All All All All Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$100,000 >$100,000 Resolution of Disputes, Breaches, or Other Litigation >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Cargo Preference Transport by ocean vessel. Transport by ocean vessel. Transport by ocean vessel. Fly America Foreign air transp./travel. Foreign air transp./travel. Foreign air transp./travel. Foreign air transp./travel Foreign air transp./travel Davis-Bacon Act >$2,000 (also ferries) Contract Work >$100,000 >$100,000 Page 45 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit D Procurement Hours and Safety Standards Act (transportation services excepted). $100,000 (also ferries) Copeland Anti-Kickback Act, Section 1, Section 2 All >$2,000 (also ferries) Bonding $100,000 Seismic Safety A&E for new buildings & additions New buildings & additions Transit Employee Protective Arrangements Transit operations Charter Service Operations All School Bus Operations All THIRD PARTY CONTRACT PROVISIONS TYPE OF PROCUREMENT PROVISION Professional Services / A&E Operations / Management Rolling Stock Purchase Construction Materials & Supplies Drug Use and Testing Transit operations Alcohol Misuse and Testing Transit operations Patent Rights R & D Rights in Data and Copyrights R & D Energy Conservation All All All All All Recycled Products EPA-selected items $10,000 or more annually EPA-selecte d items $10,000 or more annually EPA-selecte d items $10,000 or more annually Conformance with ITS National Architecture ITS projects ITS projects ITS projects ITS projects ITS projects Page 46 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit D Procurement ADA Access A&E All All All All Notification of Federal Participation for States Limited to States Limited to States Limited to States Limited to States Limited to States aI certify that I have read and understand this page. Page 47 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit E Civil Rights EXHIBIT E DISCRIMINATION & TITLE VI REQUIREMENTS (REV 032013) Discrimination: This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 USC. 12101-12213) and all applicable Federal regulations under the ACT . SUBRECIPIENT or its CONTRACTORs shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, Arizona State Executive Order 2009-09, or A.R.S. 41-1461 through 1465, which mandates that all persons, regardless of race, color, religion, sex age, national origin or political affiliation shall have equal access to employment opportunities , and all other applicable state and federal employment laws, rules and regulations, including the Americans With Disabilities Act . The SUBRECIPIENT shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, age, national origin or political affiliation or disability. Title VI Of The Civil Rights Act Of 1964: The SUBRECIPIENT hereby agrees that as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act ), the Civil Rights Restoration Act of 1987 (Public Law 100.259) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation , Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act , Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the SUBRECIPIENT receives Federal financial assistance from the U .S. Department of Transportation , HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this Agreement . During the performance of this Agreement , the SUBRECIPIENT, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations. The SUBRECIPIENT shall comply with the regulations relative to non-discrimination in federally assisted programs of the U.S. Department of Transportation (USDOT), 49 CFR 21 and Executive Order 99-4, as they may be amended from time to time, which is herein incorporated by reference and made a part of the Agreement . (2) Nondiscrimination. The SUBRECIPIENT, with regard to the work performed by it during the Agreement will not discriminate on the grounds of race, color, disability, sex, or national origin in the selection and retention of contractors and subcontractors, including procurement of material and leases of equipment. The SUBRECIPIENT will not participate either directly or indirectly in discrimination Page 48 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit E Civil Rights prohibited by 49 CFR 21.5, including employment practices when the Agreement covers a program set forth in Appendix A of 49 CFR part 21. (3) Solicitations for contractors, including procurement of real property, materials, and equipment. In all solicitations made by competitive bidding or negotiation by the SUBRECIPIENT for work to be performed under a contract or subcontract, including procurement of real property, materials, and purchase or lease of equipment, each potential contractor, subcontractor, supplier, or lessor shall be notified by the SUBRECIPIENT of the SUBRECIPIENT’s obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, disability, sex, or national origin. Any contract or agreement established shall contain the language from this Agreement’s Appendix A and B, and where appropriate, Appendix C. (4) Information and Reports. The SUBRECIPIENT shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by ADOT , FHWA, and FTA to be pertinent to ascertain compliance with such regulations , orders, and instructions. Where any information required of the SUBRECIPIENT is in the exclusive possession of another who fails or refuses to furnish this information, the SUBRECIPIENT shall so certify to ADOT, FHWA, and FTA, as appropriate, and shall set forth what efforts it has made to obtain the information . (5) Sanctions for Non-Compliance. In the event of the SUBRECIPIENT’s non -compliance with the non-discrimination provisions of this Agreement , ADOT shall impose such sanctions as it , FHWA and FTA determine to be appropriate , including, but not limited to: withholding of payments to the SUBRECIPIENT under the Agreement until the SUBRECIPIENT complies, and/or cancellation, termination, or suspension of the Agreement , in whole or in part. The SUBRECIPIENT will include the provisions of Paragraphs (1) through (5) above in every contract, including procurement of materials and leases of equipment, unless exempt by the regulations, order, or instruction issued pursuant thereto. The SUBRECIPIENT will take such action with respect to any subcontract or procurement as ADOT, FHWA, and FTA may direct as a means of enforcing such provisions , including sanctions for noncompliance, provided, however, that, in the event the SUBRECIPIENT becomes involved in , or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the SUBRECIPIENT may request the State to enter into such litigation to protect the interests of the State, and in addition, may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX A Title VI Agreement / Contract Requirements Page 49 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit E Civil Rights During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, or sex in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations . (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, or sex. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Arizona Department of Transportation or the Federal Transit Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Arizona Department of Transportation , or the Federal Transit Administration as appropriate , and shall set forth what efforts it has made to obtain the information . (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Arizona Department of Transportation shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate , including, but not limited to: a) withholding of payments to the contractor under the contract until the contractor complies, and/or b) cancellation, termination or suspension of the contract, in whole or in part. Page 50 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit E Civil Rights (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract. or procurement as the Arizona Department of Transportation or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Arizona Department of Transportation to enter into such litigation to protect the interests of the Arizona Department of Transportation , and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B Title VI Agreement / Contract Requirements The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation , as authorized by law, and upon the condition that the Arizona Department of Transportation will accept title to the lands and maintain the project constructed thereon , in accordance with Title 23, United States Code the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by Federal Transit Administration of the Department of Transportation and , also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation , Subtitle A, Office of the Secretary , Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. .2000d to 2000d-4), and the Civil Rights Restoration Act of 1987 (Public Law 100.259) does hereby remise, release, quitclaim and convey unto the Arizona Department of Transportation all the right , title and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Arizona Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the Page 51 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit E Civil Rights provision of similar services or benefits and shall be binding on the Arizona Department of Transportation , its successors and assigns. The Arizona Department of Transportation , in consideration or the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on over or under such lands hereby conveyed [and)* (2) that the Arizona Department of Transportation shall use the lands and interests in lands and interests in lands so conveyed , in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of -the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (Public Law 100.259) and as said Regulations may be amended and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. APPENDIX C Title VI Agreement / Contract Requirements The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the Arizona Department of Transportation pursuant to the provisions of Assurance 7(a). The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 (Public Law Page 52 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit E Civil Rights 100.259) and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants, Arizona Department of Transportation shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, Arizona Department of Transportation shall have the right to re -enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Arizona Department of Transportation and its assigns . The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by Arizona Department of Transportation pursuant to the provisions of Assurance 7(b). The (grantee, licensee, lessee, permitee, etc. as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that (1) no person on the ground of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or he otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of, race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations. Department of Transportation , Subtitle A, Office of the Secretary. Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964), and the Civil Rights Restoration Act of 1987 (Public Law 100.259) and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* Page 53 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit E Civil Rights That in the event of breach of any of the above nondiscrimination covenants, Arizona Department of Transportation shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, Arizona Department of Transportation shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Arizona Department of Transportation and its assigns . *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. aI certify that I have read and understand this page. Page 54 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE EXHIBIT F DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS (REV 04/02/2018) The SUBRECIPIENT receiving DOT-assisted transportation funds through ADOT must adopt and implement ADOT’s DBE Program Plan, ADOT’s DBE policy, DBE contract specifications and forms as a condition of receiving federal funds. ADOT Subrecipients/Subgrantees of federal funds must comply with ADOT DBE Plan and may not have a plan independent from ADOT . The ADOT DBE Program Plan and LPA/SUBRECIPIENT DBE Guidelines are located online at http://www.azdot.gov/business/business-engagement-and-compliance and are herein incorporated by reference. Non-Discrimination The SUBRECIPIENT will not exclude any person from participation in , deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, national origin, age, or disability. In compliance with the ADOT DBE Program Plan , the SUBRECIPIENT/SUBGRANTEE shall not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program. The SUBRECIPIENT will not exclude any person from participation in , deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, national origin, age, or disability. The SUBRECIPIENT shall take all necessary actions required under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. By executing this Agreement, the SUBRECIPIENT, agrees to perform the following minimum DBE Program Compliance Required Activities : FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü ü 1 Designate a Disadvantaged Business Enterprise Page 55 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE Liaison Officer (DBELO), responsible for adopting and implementing ADOT’s DBE Program Plan; acting as the single point of contact for DBE compliance. FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü ü 2 Adhere to the ADOT DBE Program Plan and concomitant procedures. ü ü 3 Follow ADOT’s guidelines and procedures , and use the forms developed by ADOT to implement its DBE program. ü ü 4 Participate in training conducted by ADOT related to DBE requirements and program regulations. ü ü 5 Require firms that work on DOT-assisted contracts to register in AZ UTRACS. ü ü 6 Encourage small firms to register as an SBC (Small Business Concern) via the AZ UTRACS web portal. ü ü 7 Utilize certified DBEs found in the AZ UTRACS web portal. ü ü 8 Include the DBE contract goal as provided by ADOT BECO for FHWA-funded (and Race-Neutral Agency Voluntary Participation Goal for FTA -funded) contract bid advertisement, bid package, statement of qualification, request for proposal or other solicitation documents. ü ü 9 Include applicable DBE contract specifications as provided by ADOT in all DOT-assisted contract bid advertisements, bid packages, statements of qualification, requests for proposal or other solicitation documents. ü ü 10 The SUBRECIPIENT shall confirm good faith by the contractor or determine any action required in Page 56 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE response to the contractor submission of a verifiable explanation of the discrepancy in the DBE System as early as practicable but in no case later than seven days after reviewing relevant documentation. FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü ü 11 No later than 15 calendar days after Notice of Procurement Award to a Vendor /Contractor, the SUBRECIPIENT shall enter the name, contact information, and subcontract amounts for all Contracts with federal funding participation associated with this Grant Agreement. ü ü 12 No later than 15 days after the end of each month, report payments to prime contractors within the ADOT Local Public Agencies DBE Reporting System located at http://www.arizonalpa.dbesystem.com. ü ü 13 Submit contract data in support of monthly, semi-annual and annual federal reporting submission made by ADOT. Subrecipients/Subgrantees, Certification Acceptance Agencies and LPAs are required to use the ADOT Local Public Agencies DBE System , via http://www.arizonalpa.dbesystem.com. ü ü 14 Monitor and enforce that contractors enter and report subcontractor payments by the last day of each month in the LPA DBE System and that Prompt Payment of DBEs and other subcontractors are monitored and enforced. Monitoring is accomplished through the LPA audit process and its notifications. ü ü 15 Monitor and ensure Contractor compliance with DBE policies and regulations, including with the ADOTs concurrence, deems appropriate, which may include, but is not limited to: - Withholding payments; Page 57 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE - Assessing sanctions; - Liquidated damages; and/or - Disqualifying the contractor from future bidding on the rounds of being non-responsible. FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü ü 16 ADOT may conduct project site visits to ensure all DBEs are meeting a Commercially Useful Function (CUF) on each DOT-assisted contract. Any DBE determined to not be performing a commercially useful function will be notified by the SUBRECIPIENT within seven calendar days of the decision. In the event that the DBE appeals the decision to ADOT’s Business Engagement and Compliance Office , the decision remains in effect unless and until ADOT BECO reverses or modifies Grantee decision. ADOT BECO will promptly consider any appeals and notify the contractor of the ADOT BECO findings and decisions . Decisions on CUF matters are not administratively appealable to USDOT. ü ü 17 Implement monitoring and enforcement mechanisms to enforce the terms of the contract, including application of applicable sanctions, as needed, for payment reporting, prompt payment, DBE termination/substitution and not meeting the DBE contract goal. ü ü 18 Follow DBE contract specification to notify ADOT BECO and ADOT PM in writing to secure ADOT BECO’s approval prior to any termination , substitution, or reduction of work of a committed DBE firm used to meet the contract goal. ü ü 19 Monitor DBE utilization on projects and notifying ADOT BECO as soon as Subrecipient/Subgrantee is aware of a potential issue that may affect DBE commitments Page 58 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE made at award. ü ü 20 Ensure that all DBE Certification of Final Payment Forms are submitted by contractors within 30 days of subcontractor completing the work and submit a copy to ADOT BECO. FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü ü 21 Ensure timely contract closeout by ensuring all subcontractor payments are reported in the DBE System, closeout contracts in the LPA DBE reporting system, and complete all mandatory reporting requirements in the LPA DBE system by April 1st and October 1st of each year. ü ü 22 Part of the proposal submission during a formal procurement (RFP, IFB, etc.), the Grantee must incorporate receipt of a bidder’s list into the responsiveness / susceptible for award determination. FAILURE TO SUBMIT THE REQUIRED BIDDERS/PROPOSERS LIST TO THE GRANTEE PROCUREMENT OFFICE BY THE STATED TIME AND IN THE MANNER HEREIN SPECIFIED SHALL BE CAUSE FOR THE BIDDER BEING DEEMED INELIGIBLE FOR AWARD OF THE CONTRACT. ü ü 23 Cooperate with ADOT or DOT audits and site visits for DBE regulation and contract compliance; providing access to procedures; project files; and enabling onsite interviews with contracting, financial, DBE compliance, and project staff. ü ü 24 Each contract you sign with a contractor or consultant and each subcontract a prime signs with a subcontractor must include the following assurance: ü ü 24.a A vendor/contractor/consultant/subcontractor/ subconsultant (herein after referred to as “contractor”) Page 59 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT assisted contracts . Failure by the contractor to carry out these requirements represents a material breach of this contract, which may result in the termination of this contract or such other remedy as the Grantee, with the Department’s concurrence, deems appropriate, which may include, but is not limited to: - Withholding payments; - Assessing sanctions; - Liquidated damages; and/or - Disqualifying the contractor from future bidding on the grounds of being non-responsible. FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü ü 24.b Each contractor shall establish a program that will ensure nondiscrimination in the award and administration of contracts and subcontracts. ü ü 24.c Each contractor shall designate a full time employee who shall be responsible for the administration of the contractor's DBE program. ü ü 24.d Each contractor shall prohibit agreements in which a DBE promises not to provide subcontracting quotations to other bidders. ü ü 24.e Subcontract Payment Reporting in the DBE system: ü ü 24.e.1 The Arizona Department of Transportation (the Department) is required to collect data on DBE and non-DBE participation, including lower tier subcontracts, to report to FTA on Federal -aid projects. Page 60 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE The contractor is notified that such record keeping is required by the Department for tracking DBE participation on both race neutral and race conscious projects (i.e. projects with and without DBE goals). FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü ü 24.e.2 The contractor shall respond to Subrecipient payment audits reported each month electronically through the Department’s web-based payment tracking system (https://adot.dbesystem.com), reporting its payments to all DBEs and non-DBE subcontractors working on the project. In addition, the contractor shall require that all DBE and non-DBE subcontractors, shall also respond to its audits and report lower-tier subcontractor payments in the same manner. ü ü 24.e.3 If, by the DBE system audit deadline, the contractor has not submitted the required report for work performed during the preceding month, or the submitted report failed to include all amounts earned by and paid to all DBEs and non-DBEs, including all lower-tier DBE and non-DBE subcontractors, the Project Manager will work with the ADOT MPD Program Manager to determine if sanctions should be assessed. These liquidated damages shall be in addition to all other reductions or liquidated damages provided for elsewhere in the contract. ü ü 24.f The contractor shall include these provisions in all of its subcontracts, and ensure that its subcontractors include these provisions in any lower-tier subcontracts. ü 24.g Any language provided in this Agreement DBE Section supersedes language provided by ProcurementPro for FTA-funded contracting requirements. Page 61 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE ü 25 Submit all FHWA DOT-assisted contracts to ADOT to be assessed for a DBE goal. ü 26 Notify the ADOT PM and ADOT Business Engagement and Compliance Office (BECO) in writing immediately following DOT-assisted project a) bid opening of architect & engineering, design, or construction low bidder or b) selected professional services when the contractor and/or consultant indicates on the DBE Assurance Form that the DBE contract goal cannot be met. FHWA Funded Projects FTA Funded Projects Item Number Item / Requirement ü 27 Submit all Good Faith Effort documentation to ADOT BECO for review and concurrence prior to awarding of DOT-assisted contracts. ü 28 Collect DBE Affidavits (FHWA-funded contracts only), bidder/proposer list confirmation email and all other ADOT required forms and submit to ADOT BECO in accordance with the applicable FHWA Compliance Checklist MPOs and COGs available at website http://www.azdot.gov/beco. ü 29 Ensure the receipt of Bid Verification Notice from ADOT BECO prior to contract award. ü 30 Prior to final payment on any Project with a designated DBE goal, the SUBRECIPIENT shall determine whether the consultant met the designated DBE goal. Where the goal was not met, the SUBRECIPIENT must forward the written determination document and a copy of the final invoice to the ADOT MPD Liaison /Project Manager, who will work with the BECO compliance office to determine if a sanction is required . In the event a sanction is required, the SUBRECIPIENT will reduce the final payment on the Project by the fee, copying the Page 62 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit F DBE vendor with the sanction notice provided by ADOT . aI certify that I have read and understand this page. Page 63 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit G Insurance EXHIBIT G INSURANCE (RISK MANAGEMENT) REQUIREMENTS (REV 02/02/2016) 1)Indemnification: To the fullest extent permitted by law , the SUBRECIPIENT shall defend, indemnify, and hold harmless The State of Arizona , and its departments, agencies, boards, commissions, universities, Officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the SUBRECIPIENT or any of its owners , officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the SUBRECIPIENT from and against any and all claims . It is agreed that the SUBRECIPIENT will be responsible for primary loss investigation , defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the SUBRECIPIENT agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the SUBRECIPIENT for the State of Arizona . 2)In addition, should a public entity utilize a contractor(s) and subcontractor(s) the indemnification clause between the public entity and its contractor(s) and subcontractor(s) shall include the indemnification clause above. 3)This indemnity shall not apply if the SUBRECIPIENT or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona. 4)The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the SUBRECIPIENT from liabilities that arise out of the performance of the work under this Contract by the SUBRECIPIENT, its agents, representatives, employees or subcontractors, and the SUBRECIPIENT is free to purchase additional insurance. Page 64 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit G Insurance 5)Program participants must maintain adequate property and liability insurance coverage. The current minimum requirement for automobile liability insurance is based on vehicle size, and is as follows: •Combined Single Limit (CSL) of $5,000,000 for vehicles carrying sixteen (16) or more passengers. •Combined Single Limit (CSL) of $2,000,000 for vehicles carrying less than sixteen (16) but more than four (4) passengers. •Combined Single Limit (CSL) of $1,000,000 for vehicles carrying four (4) or less passengers. •Combined Single Limit (CSL) of $5,000,000 for street sweepers. a.In addition, SUBRECIPIENT must maintain collision and comprehensive coverage for the full fair market value of each vehicle provided under this Program. The deductible for such coverage shall not exceed five thousand dollars ($5,000). b.Insurance policies for vehicles and other large capital assets of which the State of Arizona or ADOT is listed on the title as vehicle owner or lien holder must also show the State of Arizona or ADOT as “loss payee". c.Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the SUBRECIPIENT. d.Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona , and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the SUBRECIPIENT. 6)The SUBRECIPIENT’s policies, as applicable, shall stipulate that the insurance afforded the SUBRECIPIENT shall be primary and that any insurance carried by the Arizona Department of Transportation, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E). 7)SUBRECIPIENT and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the SUBRECIPIENT, his agents, representatives, employees or subcontractors. Page 65 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit G Insurance 8)It is critical that the vehicle SUBRECIPIENT-operator ensure that it retains on file up-to-date insurance, that this information is readily available for review by ADOT and its auditors , and that a current insurance card is located in the vehicle at all times. NOTICE OF CANCELLATION: Applicable to the Insurance Requirements of this Contract, SUBRECIPIENT’s insurance shall not be permitted to expire , be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, SUBRECIPIENT must provide notice to the State of Arizona if they receive notice that their policy has been or will be suspended , canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Multimodal Planning Division of the Arizona Department of Transportation (ADOT) and shall be sent by certified mail, return receipt requested. ACCEPTABILITY OF INSURERS: Insurance shall be placed with companies licensed in the State of Arizona or hold approved non -admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A - VII. ADOT in no way warrants that the above -required minimum insurer rating is sufficient to protect the SUBRECIPIENTs from potential insurer insolvency . VERIFICATION OF COVERAGE: The SUBRECIPIENT shall furnish the State of Arizona with a certificate of insurance (valid ACORD form or equivalent approved by the State of Arizona ) as required by this contract prior to receipt of the vehicle(s). In addition, a current copy of the Certificate must be included with the Annual Report /Notice of Impending Vehicle Inspection , and submitted or returned to ADOT. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy must be in effect at or prior to commencement of work and remain in effect for the duration of the project . Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be uploaded to the Arizona Grant Management System. The State of Arizona project /contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete , certified copies of all insurance policies required by the grant agreement at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. SUBCONTRACTORS: SUBRECIPIENTs certificate(s) shall include all subcontractors as insured's under its policies or SUBRECIPIENT shall furnish to the State of Arizona separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements identified above. APPROVAL: Any modification or variation from these insurance requirements shall be made by Page 66 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit G Insurance the Department of Transportation , Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. EXCEPTIONS: In the event the SUBRECIPIENT or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-insurance. If the SUBRECIPIENT or sub-contractor(s) is/are a State of Arizona agency , board, commission, or university, none of the above shall apply. aI certify that I have read and understand this page. Page 67 of 6804/03/2019 5310 Application 2019 Organization: Town of Oro Valley 5310-2019-Town of Or-00042 Version Date: 04/03/2019 07:10:01 Exhibit H NonTribal EXHIBIT H LANGUAGE MODIFICATIONS Federally Recognized Tribes Exhibit H does not apply to this Grant Agreement . aI certify that I have read and understand this page. Page 68 of 6804/03/2019 Town Council Regular and Study Session 1. Meeting Date:05/01/2019 Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR AN INTERIM PERMIT AND NEW SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CARRABBA'S ITALIAN GRILL, LOCATED AT 7635 N. ORACLE ROAD RECOMMENDATION: Staff recommends approval of this liquor license to the Arizona Department of Liquor Licenses and Control for the following reasons: 1. No protests to this license have been received. 2. The necessary background investigation was conducted by the Police Department. 3. The Police Department has no objection to the approval of the Series 12 Liquor License. EXECUTIVE SUMMARY: An application for interim permit and new Series 12 (Restaurant) Liquor License has been submitted by Owner/Agent Andrea Dahlman Lewkowitz for Carrabba's Italian Grill, located at 7635 N. Oracle Road. Ms. Lewkowitz has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of Liquor Licenses and Control, and has paid all related fees associated with applying for the liquor license ($500 Application Processing Fee). The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, is responsible for reviewing and processing state liquor applications. After meeting the DLLC's application and review requirements, the liquor license application is sent to the jurisdiction in which it is located for a public hearing and a recommendation from the local governing body. BACKGROUND OR DETAILED INFORMATION: This non-transferable, on-sale retail privileges liquor license 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 40% of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the premises of the applicant's property, ending April 22, 2019. No protests were received during this time period. Police Chief Daniel G. Sharp completed a standard background check on Carrabba's Italian Grill and Owner/Agent Andrea Dahlman Lewkowitz. Chief Sharp has no objection to the approval of the Series 12 (Restaurant) License. FISCAL IMPACT: Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to cover the costs incurred by the Town to process the application. Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in spirituous liquor within the Town shall pay an annual license fee of $80 to the Town. SUGGESTED MOTION: I MOVE to (RECOMMEND or DENY) approval of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Andrea Dahlman Lewkowitz for Carrabba's Italian Grill, located at 7635 N. Oracle Road. Attachments PD Letter Application Series 12 Description Town Council Regular and Study Session 2. Meeting Date:05/01/2019 Requested by: Paul Keesler Submitted By:Paul Keesler, Public Works Department:Public Works Information SUBJECT: PUBLIC HEARING: ORDINANCE NO. (O)19-05, DISCUSSION AND POSSIBLE ACTION REGARDING THE REPEALING OF ORO VALLEY TOWN CODE, CHAPTER 7, STREETS, HIGHWAYS, PUBLIC WAYS - SUBDIVISION, ARTICLE 7-5, STANDARDS AND PROCEDURES, SECTION 7-5-10, REPAIR OF SIDEWALK BY ABUTTING OWNERS RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The current Town Code, Section 7-5-10 - Repair of Sidewalk by Abutting Owners has proved to be both ineffective and cumbersome for the Town staff to manage and enforce. Staff spends more time and effort identifying, contacting, coordinating and reviewing work, if completed, than it would take to repair the sidewalk directly. Due to safety concerns, when abutting owners do not repair their identified sidewalk damages, the Town ultimately completes the repairs anyway. It is staff's recommendation that public sidewalks be treated similar to public roads, in that the public infrastructure within the public right-of-way being utilized by the public, be the direct responsibility of the Town. In an effort to streamline process and cost, as well as provide the best service to the residents of Oro Valley, staff is requesting that section 7-5-10 be repealed. Upon repealing, the Operations Division of the Public Works Department will assume all public right-of-way (ROW) sidewalk repairs. BACKGROUND OR DETAILED INFORMATION: Maintaining sidewalks to a condition of good repair is an important public safety and financial matter for the Town. Therefore, it is imperative the Town ensure issues are tracked and repaired as soon as possible. Some examples of sidewalks in damaged or disrepair condition are: Broken Sidewalk - Severe depression/vertical displacement, coupled with cracking, over a large area of sidewalk Cracking (Wide or Narrow) Measures at least 1/8 inch in width Depression - Difference in elevation within a sidewalk panel or at a joint between two panels created by a Depression - Difference in elevation within a sidewalk panel or at a joint between two panels created by a sunken area, hollow or spalling to maintain quality of work, the properties should be repaired together but could be repaired separately by installing a transition area. Heaving - Simultaneous upheaval of two adjacent sidewalk panels Spalling/Chipping - Pop-out, chips, or other surface deterioration Vertical Displacement - Difference in elevation at a joint between two panels or a crack within a panel; created by an uplifting of one panel or part of one panel Ramp - Must be ADA-compliant and be in good condition. Needs appropriate warning signs/detectable devices; guidelines for identifying and replacement of ramps shall be the same as the guidelines used for sidewalks and will comply with ADA specifications Curbs - Curbs will be identified for repair when they present a hazard, are generally in a deteriorated state, or no longer will facilitate or control drainage The current Town Code, Section 7-5-10 Repair of Sidewalk by Abutting Owners: All owners or agents of owners with property abutting and fronting upon any plaza, street or alley within the town are required to keep the public sidewalks immediately abutting their property in good order and repair. Under the current code, the process for addressing damaged sidewalks consists of: Identification of the problem - either by staff discovery or citizen notification Town staff visits the site and determines the extent of the problem, possible causes and ownership of the adjacent abutting property owner. Staff paints the damaged area to alert pedestrians of the issue. In some cases, staff places signage as additional warning. A letter is prepared and sent to the abutting property owner of the problem and their responsibility to fix said problem, along with a ROW free work permit. Generally, the abutting property owner contacts the Town inquiring about both the letter and how to address fixing the sidewalk. This typically consists of a few phone calls and messages as the property owner attempts to set up repairs. The property owner remits the ROW permit. The work is conducted and the Town is notified. The Town then inspects the work for quality and assurance that the problem has been fixed and no new problem has been created by the repair. If the repair is substandard, the process continues over again. If the abutting property owner refuses to repair the issue, then ultimately Town staff will schedule and conduct the repair directly. By repealing this section of Town Code, and not requiring the abutting property to fix said issue, the entire process will be simplified, the repairs conducted quicker, along with saving staff time working the issue with the property owner. Town staff, upon notice would examine, place warning till repair complete and conduct said repair in fairly short order. FISCAL IMPACT: The historical cost of repairing sidewalks is: The historical cost of repairing sidewalks is: FY 11 $15,015 FY 12 $2,730 FY 13 $1,080 FY 14 $375 FY 15 $0 FY 16 $17,400 FY 17 $2,628 FY 18 $8,883 Staff estimates that out of all the sidewalk repair notifications sent, only about 10% were ultimately repaired by the abutting property owner. The anomaly between FY 14 & FY 15 being so low is that the operations crews were allocated to building the Naranja Town Park multi-use fields, resulting in a higher repair cost in FY 16. The above costs are hard construction costs, they do not represent the administrative hours spent notifying and following up with abutting property owners. Staff estimates the repair of sidewalks to be approximately $5K to $8K annually. There will be some fiscal savings in administrative staff time no longer following up with abutting property owners. SUGGESTED MOTION: I move to (APPROVE or DENY) Ordinance No. (O)19-05, repealing Oro Valley Town Code, Chapter 7, Streets, Highways, Public Ways - Subdivision, Article 7-5, Standards and Procedures, Section 7-5-10, repair of sidewalk by abutting owners; repealing all resolutions, ordinances, and rules of the Town of Oro Valley in conflict therewith; preserving the rights and duties that have already matured and proceedings that have already begun thereunder. Attachments (O)19-05 Ordinance C:\Windows\TEMP\BCL Technologies\easyPDF 7 \@BCL@6C1FF7CE\@BCL@6C1FF7CE.doc Town of Oro Valley Attorney’s Office/ca/060611 ORDINANCE NO. (O)19-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, REPEALING ORO VALLEY TOWN CODE, CHAPTER 7, STREETS, HIGHWAYS, PUBLIC WAYS - SUBDIVISION, ARTICLE 7-5, STANDARDS AND PROCEDURES , SECTION 7-5-10, REPAIR OF SIDEWALK BY ABUTTING OWNERS; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on September 27, 1989, the Mayor and Council adopted Ordinance No. (O) 89-21, adopting that certain document entitled “Oro Valley Town Code ”; and WHEREAS, the current Chapter 7, Streets, Highways, Public Ways – Subdivision, Article 7-5, Standards and Procedures, Section 7-5-10, Repair of Sidewalk by Abutting Owners, has proven to be ineffective; and WHEREAS, the Town desires to institute a Town sidewalk repair program and repeal Chapter 7, Streets, Highways, Public Ways – Subdivision, Article 7-5, Standards and Procedures, Section 7-5-10, Repair of Sidewalk by Abutting Owners. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, that: SECTION 1: The existing Chapter 7, Streets, Highways, Public Ways - Subdivision, Article 7- 5, Standards and Procedures, Section 7 -5-10, Repair of Sidewalk by Abutting Owners of the Oro Valley Town Code is hereby repealed . SECTION 2. Section 7-5-10 is reserved for future use. SECTION 3. All Oro Valley ordinances, resolutions, or motions a nd parts of ordinances, resolutions or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 1st day of May, 2019. C:\Windows\TEMP\BCL Technologies\easyPDF 7 \@BCL@6C1FF7CE\@BCL@6C1FF7CE.doc Town of Oro Valley Attorney’s Office/ca/060611 TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: Town Council Regular and Study Session 1. Meeting Date:05/01/2019 Requested by: Misti Nowak Submitted By:Misti Nowak, Town Manager's Office Department:Town Manager's Office Information SUBJECT: PRESENTATION AND DISCUSSION REGARDING FLASHVOTE, AN ONLINE SURVEY TOOL RECOMMENDATION: N/A EXECUTIVE SUMMARY: In February, 2019, the Town of Oro Valley Communications Division began using FlashVote, an online survey tool. This new communication platform is designed to make it easy for residents to weigh in on a variety of topics. Over the last few months, this platform has yielded useful information and has been well-received by residents. At the Study Session, staff will give a presentation on why the Town is using FlashVote, how FlashVote works, and how survey results are being utilized. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: Current Fiscal Year 2018-19: $2,950 for six surveys; and program launch postcards mailed to 1,000 randomly selected residents Proposed for next Fiscal Year 2019-20: $4,900 for 12 surveys SUGGESTED MOTION: This item is for discussion only. Attachments No file(s) attached.