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AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION OCTOBER 02, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 9/9/02; 9/18/02 B. Finance Report for the month ended August 31, 2002 C. Approval of Application from Arizona Kelly, Inc. for inclusion of Desert Springs, Blocks 1 -5 & Common Area "A" to the Oro Valley Water Utility Service Area D. Approval of 2002/2003 Planning & Zoning Commission Work Plan E. Resolution No. (R)02-84 Declaring proposed amendments to the Oro Valley Zoning Code Revised, Article 10-4, Oracle Road Scenic Corridor Overlay District, to address cumulative zoning enabled, as a public record F. Resolution No. (R)02-85 Authorizing the execution of an Intergovernmental Agreement between the Town of Oro Valley and the City of Tucson to memorialize the existing practice of providing water service to a portion of the Oro Valley Water Utility Service Area 10/02/02 Agenda, Council Regular Session 2 G. Resolution No. (R)02-86 Authorizing the Town Manager to execute a Highway Expansion & Extension Loan Program (HELP) Loan repayment agreement with the State of Arizona for the HELP Loan of the Tangerine Road widening project from First Avenue to La Canada (0V30 99/00 09) H. Resolution No. (R)02-87 Acceptance of bid and award of contract with Southern Arizona Paving Inc. for the Lambert Lane Subdivision Rehabilitation in the amount of $40,414.60 (Project No. OV30 01/02 25) I. Resolution No. (R)02-88 Authorizing the Town to purchase a Tennant Centurion Street Sweeper at a cost of$181,929.97 J. Resolution No. (R)02-89 Authorizing the Town Manager to enter into a Joinder Agreement with the Arizona Corrections Officer Retirement Plan on behalf of the dispatchers working 40 or more hours per week for the Town of Oro Valley K. Resolution No. (R)02-90 Declaring as a public record that certain document known as amendments to the "Uniform Administrative Code, 1997 Edition," replacing Table 3-D, Plumbing Permit Fees, as adopted by the Town of Oro Valley by Ordinance No. (0)02-12 L. Resolution No. (R)02-91 Approval of the Resolution of Intent regarding proposed annexation of State Land known as Section 16, Township 11 South, Range 13 East, Gila & Salt River Meridian, Pima County, Arizona located west of current town boundaries 2. PRESENTATION BY NORTHERN PIMA COUNTY CHAMBER OF COMMERCE OF THE CHAMBER'S RESOLUTION OF SUPPORT FOR THE TOWN'S CURRENT ANNEXATIONS 3. RESOLUTION NO. (R)02-92 AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON TO UTILIZE FEDERAL TRANSIT ADMINISTRATION FUNDS TO PURCHASE FOUR (4) REPLACEMENT VANS FOR ORO VALLEY'S TRANSIT SERVICE FOR ELDERLY AND DISABLED RESIDENTS — COYOTE RUN AND COMPUTER HARDWARE IN SUPPORT OF COYOTE RUN 4. REQUEST TO INITIATE THE ANNEXATION PROCESS FOR 15.036 ACRES OF UNINCORPORATED TERRITORY KNOWN AS THE KILANNA PROPERTY, LOCATED ON THE EAST SIDE OF ORACLE ROAD (STATE ROUTE 77) NORTH OF THE HONEYWELL BUILDING AND SOUTH OF RAMS FIELD PASS ROAD 10/02/02 Agenda, Council Regular Session 3 5. APPOINTMENT OF MEMBERS AND APPOINTMENT OF A TOWN COUNCIL REPRESENTATIVE TO THE 2003-2004 CAPITAL IMPROVEMENT TECHNICAL ADVISORY COMMITTEE TOWN MANAGER'S REPORT 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 the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 09/25/02 4:30 p.m. lh When possible, a packet of agenda materials as listed above will be 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 Kathryn Cuvelier, Town Clerk, at 229-4700. 10/02/02 Agenda, Council Regular Session 4 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. Please state your name and address for the record. 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. MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION SEPTEMBER 9, 2002 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION CALL TO ORDER 7:05 p.m. ROLL CALL Present: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member PRESENTATION OF PROPOSED TOWN OF ORO VALLEY TRANSIT DEVELOPMENT PLAN FOR FISCAL YEARS 2003 TO 2012 Transit Services Administrator John Zukas reviewed the proposed Town of Oro Valley Transit Development Plan for Fiscal Years 2003 —2012. He also introduced Tom Fisher, Intermodal Transportation Planner from Pima Association of Governments who has assisted as a quasi-consultant. Mr. Zukas stated that the main purpose of the Oro Valley Transit Development Plan is to identify specific community needs and implementation strategies that Town officials can use to improve and expand transit service over the next ten years. He explained that this process was accomplished and documented in the Transit Development Plan for Fiscal Years 2003 to 2012. Mr. Zukas gave a brief overview as follows: • A 16 member, Town Council appointed Transit Task Force was formed to help guide the development of the Plan through a series of monthly meetings. The Task Force consisted of residents, local business owners and managers, local transit professionals, and Town officials. • Major employers and employees were invited to identify their needs and recommendations for transit service improvements within Oro Valley. • General public offered input through telephone calls, surveys, the Town website, and a series of focus group meetings. • Mayor, Council and Town staff provided important land use data and analyzed the findings of the Plan to determine the best course of action. Mr. Zukas presented an overview of the Transit Development Plan Project Introduction • In 1990 the Town introduced SunTran along Oracle Road. 09/09/02 Minutes, Town Council Study Session 2 • In 1996 the Town introduced Coyote Run as a viable option to transportation dependent residents of Oro Valley. • In 1999 added a specific element (Transit Services) to the Town's General Plan. • February 2001 Town Council approved the development of an "Oro Valley Transit Development Plan." • Formation of an Oro Valley Transit Task Force to assist in the development. • At present, the Transit Task Force has forwarded the draft of the Town's first ever"Transit Development Plan"to the Town Council for review and possible adoption. Transit Alternatives • Alternative "A"— Status Quo (maintains existing transit system...Coyote Run and SunTran). • Alternative "B"—Expands Sun Tran system north on Oracle Road Corridor, Industrial Park, and Vistoso Town Center. • Alternative "C"—Expands service to include a Neighborhood Circulator service, which takes the place of the Sun Tran route. • Alternative "D"—Full development of a balanced transit system (alternatives A+B+C). This is the preferred Alternative recommended by the Oro Valley Transit Task Force. Triggers Toward Transit Expansion • Coyote Run (1996)—Increased population of transportation dependent elderly and/or ADA eligible residents needing transportation. • SunTran (1990-Present)—Employees needing to get to Allied Signal Inc. (now Honeywell). (Employees needing to get to Fry's, Sheraton El Conquistador, etc.). • Transit Services Element of the General Plan (1999)—Need to establish a "vision" for transit in Oro Valley. Triggers—Moving Forward • Sun Tran/Neighborhood Circulator (2005-2012)—The expansion and implementation of SunTran service and a Neighborhood Circulator will enable both local and regional transit...promoting local shopping and decreasing the out- migration of sales tax dollars. • Triggers—The Ritz Carlton Resort, The Vistoso Town Center, Steam Pump Village. • New Hospital—Reduce the long trip distances for Coyote Run. Existing/Potential Funding Options • Page 21 of Plan includes: • Existing: - General Fund Subsidy - LTAF (Local Transportation Assistance Funds) - Farebox revenues • Future: - Advertising Collection Estimates 09/09/02 Minutes,Town Council Study Session 3 Funding Scenario for"Voter Approved" dedicated sales tax for transportation. Private Sector/Merchant Subsidy Contribution Estimates. Strategic Implementation • SunTran—Remarketed/restructured to serve commuters and reverse commuters. Service will be changed to a true EXPRESS route...increasing rider convenience, quicker transfers at Tohono Tadai Transit Center. (November 10, 2002). • Oracle Road Improvement District and ADOT widening—capital improvements. • Parking Code Relating to Transit Stops—Minimum 100,000 square feet shall provide transit turn-outs. Discussion followed regarding: • Implementing local neighborhood circulator busses that hold 15 — 18 people. One would run clockwise and the other counterclockwise throughout the Town for rider convenience. • Capital Improvement costs of$60,000 for the purchase of the circulator bus would be matched by the federal government— 80% and 20%to be paid by the Town. • Looking for areas to establish park/ride lots north of Magee Road. Possibly The Home Depot at First/Oracle Roads. • Over 800 Oro Valley residents work for Raytheon. • A web based survey has been developed for Raytheon to see how many OV residents would ride the bus. Tom Fisher, PAG discussed working with ADOT to provide needed amenities along Oracle Road such as bus shelters or bus pads. He stressed the importance of investigating park/ride locations. Discussion followed regarding: • Developing a pilot program to include a direct route to Raytheon or U or A. • Developing a private/public partnership on a trial basis. • Fare box costs only covers 11% of the expenses. How do we pay or subsidize costs? Mayor Loomis stated that this Plan will continue to evolve as Town grows. Goal— identify for the Town Council what Town Council opportunities are early on so Council can start thinking about this when property is rezoned or roads are improved. He pointed out that he is looking for where the Town needs additional alternatives of where park/rides will be located so that future development will support it. Vice Mayor Johnson suggested looking at the needs of smaller businesses as well as the larger ones. Mr. Zukas pointed out that there is a need to provide service with better time constraints and connectivity. 09/09/02 Minutes, Town Council Study Session 4 In response to a question by Vice Mayor Johnson, Mr. Fisher stated he is frustrated because PAG is supposed to coordinate with regional transit. They have hired a consultant to help with transit systems in Pima County. He pointed out that Oro Valley is ahead of the game. Mayor Loomis gave the following direction: • Update this Plan to include identifying immediate needs if do Alternative D where will the bus stops be, location of park/rides so the Town Council can plan on and staff can look at future development and how it fits with the Transit Plan. • Possibly add to plan (as addendum) ride share, pools, park & rides. • Identify issues and needs that require additional study—show this in the implement strategy. • Move people back and forth to work also, instead of just focusing on commercial. • Propose what the Task Force recommends for future updates. • Work with Chamber of Commerce to market a shuttle to the airport. • Look at going to Tucson International Airport or Sky Harbor for ways to facilitate getting vans to shuttle people from Oro Valley. Provide park and ride locations, etc. Mr. Fisher suggested working with the private sector to provide areas for shuttles to park and include shuttle bays along with public bus areas. Mayor Loomis called a recess at 8:10 p.m. Meeting resumed at 8:25 p.m. PIMA ASSOCIATION OF GOVERNMENTS (PAG) PRESENTATION BY DON FREEMAN, PROJECT MANAGER CONCERNING THE 2030 REGIONAL TRANSPORTATION PLAN Mr. Don Freeman, PAG reviewed the 2030 Regional Transportation Plan Timeline explaining the time frames for the Phase I Public Involvement, Technical Analysis, Phase II Public Involvement, Technical Analysis of Final Draft RTP and Phase III Public Involvement. He stated that the target date for area elected officials to consider the RTP for adoption is September 2005. Mr. Freeman also distributed a packet of information including a survey that will be distributed to the public. He stressed the importance of gathering consensus from the community to see what transportation issues they want. He stated that it is important for jurisdictions to work together and provide feedback to PAG. Members of the Council expressed concern with the length of the timeline because transportation needs in this community are at a critical point. Mayor Loomis urged Mr. Freeman to compress the timeline schedule and get ideas and costs out to the elected officials so they can sell the sales tax for transportation. Mayor Loomis also stated that #10 of the survey was prejudicial and should be revised. 09/09/02 Minutes,Town Council Study Session 5 Vice Mayor Johnson agreed that public opinion is needed but it should be done quicker than what is projected since the community is in a crisis mode. He stated it is time to be in an implementation mode. In response to a comment by Mr. Freeman, Mayor Loomis agreed that the Plan needs to have a "zinger" associated with it and it needs to be done quickly. PIMA ASSOCIATION OF GOVERNMENTS (PAG) PRESENTATION BY CURTIS LUECK AND TIM AHRENS, PAG REPRESENTATIVE CONCERNING THE TRANSPORTATION FUNDING FORECAST FOR THE PAG REGION FOR FY 2001-2005 Tim Ahrens representing PAG and Curt Lueck, member of the financial committee reviewed existing a hand out explaining the Local Transportation Revenue Forecast Update that includes: • Purpose of Local Revenue Forecast Update. • Local Revenue Forecasting Method. • Revenue Forecasts vs. Assessment of Needs. • Summary of Old Plan. • Summary of Old Plan's Provisions for New Revenues. • Gas Tax Indexing. • Regional 1/4 cent Sales Tax for Transit and Alternate Modes. • Contingency Source: County Discretionary 1/2 cent Sales Tax. • Major Accomplishments: Pima County, Oro Valley & Marana Development Impact Fee Ordinances (DIFO). Oro Valley DIFO updates. Marana and Sahuarita Construction Sales Tax. City of Tucson Sales Tax Attempt. Establishment of PAG Financial Plan Steering Committee. • Oro Valley and Regional Forecasts (Conclusions and Observations): Forecasts have changed markedly. Revenues are slipping due to lack of implementation of new sources. Legislature is shifting HURF to DPS. Need to be more aggressive about adopting and implementing local revenues. No major gains will come from State and Federal legislatures. PAG now has tools and staff to easily estimate new revenue sources. Discussion followed regarding how the Highway User Revenue Funds (HURF) are distributed throughout the state and the importance of Vehicle License Tax. 09/09/02 Minutes, Town Council Study Session 6 Meeting recessed at 9:30 p.m. Meeting resumed at 9:40 p.m. REVIEW AND DISCUSSION REGARDING AMENDMENTS TO THE ORO VALLEY SIGN CODE Community Development Director Brent Sinclair summarized the proposed amendments to the Town's Sign Code and reviewed a timeline of public meetings that were held to obtain public input. He stated that a cross-section of the community was invited to attend these meetings, however the turnout was very low. He distributed a handout of Sign Comparisons between the current Sign Code and the newly drafted Sign Code. Civil Attorney Joe Andrews addressed proposed amendments to temporary signage. Discussion followed regarding the three alternative methods of regulation worked on thus far by staff: 1. Elimination of all unnecessary signage on public property except the temporary sign zones already in place. 2. Elimination of all temporary commercial signage on public property, yet allowing temporary sign zones at or near all kiosk and PAD signs as well as other delineated areas on public property to preserve the kiosks. 3. Eliminate all temporary signage over a certain size outside of temporary sign zones and provide a process under which signs under a specified size (less than 3 square feet in area) may be placed on public property during daylight hours (e.g. 7:00 a.m. to 7:00 p.m.) with an appropriate permit to preserve the ability for small commercial signs and non-commercial signs on public property. Mr. Andrews stated that underlying each of the options outlined above is that there shall be no off site temporary commercial signage allowed on public property unless otherwise provided under the code, and no temporary signage shall be allowed to be attached to physical public property such as guardrails and utility poles. Nonetheless, based on the options outlined above, each option provides for more signage as the regulations are loosened up, and Option 3 would allow all temporary signs on public property under the conditions placed on Option 3. He asked for direction by the Council. Due to the late hour of the meeting, Mayor Loomis suggested that this item be brought back to a future study session when there is more time to concentrate on the amendments. ADJOURNMENT Vice Mayor Johnson MOVED to adjourn the study session at 10:30 p.m. MOTION SECONDED by Council Member Wolff. MOTION carried 5 —0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 18, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:07 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A motion was made by Vice Mayor Johnson and seconded by Council Member Wolff to into Executive Session at 6:07 p.m. for the following purpose: 1) Pursuant to ARS 38-431.03(A)(3) to obtain legal advice regarding potential changes to the Oracle Road Scenic Corridor Overlay District ("ORSCOD"). 2) Pursuant to ARS 38-431.03(A)(3) to obtain legal advice regarding potential changes to the residential zoning classifications of the Town that provide for the keeping of livestock Mayor Loomis announced that Community Development Director Brent Sinclair would also be present in Executive Session. Motion carried, 5 - 0. MOTION: A motion was made by Council Member Wolff and seconded by Vice Mayor Johnson to go out of Executive Session at 6:45 p.m. Motion carried, 5 - 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member 09/18/02 Minutes, Council Regular Session 2 PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. CALL TO AUDIENCE Colleen Wampler, 499 West Wheeler Road, asked that the Town Council review their decision and direction to build a new Town facility on the Naranja Town Site. Bob Bischof, 11624 North Quandry Drive, recommended that the Council explore other alternatives and appropriate locations for a new Town facility. He felt that the facility belonged in an industrial area and not a residential area. 1. CONSENT AGENDA At the request of Vice Mayor Johnson, Mayor Loomis pulled Item E from the Consent Agenda. MOTION: Vice Mayor Johnson MOVED to approve the Consent Agenda with the exception of Item E. Council Member Wolff SECONDED the motion. Motion carried, 5-0. A. Minutes— September 4, 2002 B. Building Safety Activity Report—August 2002 C. Coyote Run Report—August 2002 D. Police Report—August 2002 E. Resolution No. (R)02-78 Approving and authorizing the execution of an Intergovernmental Agreement between the Town of Oro Valley and the State of Arizona to utilize the HURF Exchange Programs for the Naranja Drive from La Cholla to First Avenue Pavement RehabilitationlReconstruction Project (PULLED FOR DISCUSSION) F. Resolution No. (R)02-79 Approving the Storm Water Utility Commission's Storm Water Quality Funding Plan G. Resolution No. (R)02-80 Approving the Storm Water Utility Commission's Storm Water Management Plan H. Resolution No. (R)02-81Approving the Storm Water Utility Commission's Storm Water Quality Plan I. Resolution No. (R)02-82 Approving the Storm Water Utility Commission's Flood Water Operations Plan J. General Plan Status Update Report K. Approval of request for sponsorship of Pima County Board of Supervisor Ann Day, District 1 Town Hall meeting scheduled for Saturday, October 5, 2002 • 09/18/02 Minutes, Council Regular Session 3 from 9:30 a.m. — 11:30 a.m. in the Town Council Chambers, 11000 N. La Canada Drive E. RESOLUTION NO. (R) 02-78 APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE STATE OF ARIZONA TO UTILIZE THE HURF EXCHANGE PROGRAMS FOR THE NARANJA DRIVE FROM LA CHOLLA TO FIRST AVENUE PAVEMENT REHABILITATION/RECONSTRUCTION PROJECT In answer to a question from Vice Mayor Johnson, Bill Jansen, the Town Engineer, explained that this was the second of the Hurf Exchange Projects that staff is bringing to fruition with Council approval of the Intergrovermental Agreement (IGA) . He explained that with this project, staff was exchanging federal funding for state funding for the rehabilitation of Naranja Drive. He explained that the rehabilitation would consist of the improvement of the pavement, adding paved shoulders and some turn lanes where needed, but the drive would remain 2-lanes. He added that the road would be worked on from LaCholla to First Avenue. Mr. Jansen explained that the Arizona Department of Transportation (ADOT)would design and manage the project. He said that the Town would save approximately 35 to 40 percent in project costs and 2 to 3 years with regard to the time of the execution of the project. MOTION: Vice Mayor Johnson MOVED to approved Resolution (R) 02-78. Council Member Wolff SECONDED the motion. Motion carried, 5-0. 2. RESOLUTION NO. (R)02-83 APPROVAL OF THE RECLAIMED WATER SYSTEM MASTER PLAN Alan Forrest, Water Utility Director, reviewed the report. He stated that the elimination of ground water use for the irrigation of large turf facilities has been a priority in the Town for many years. He explained that by adopting the Reclaimed Water System Master Plan, the Town would be taking a major step forward in achieving this goal: The master plan would provide the framework by which the Town of Oro Valley may implement a reclaimed water delivery system to large turf areas within the Town on an expedited design and construction schedule through a phased approach. He added that the report identified the facilities, capacities, alignments, property and right-of-way needs, environmental permitting issues, estimated construction costs and schedules. Ron William and Fair Miller, consultants for CH2M-Hil, gave a brief overview of the Reclaimed Water System Master Plan. The following topics were reviewed using the overhead projector: • Overview • Accomplishments • Permitting 09/18/02 Minutes, Council Regular Session 4 • Project Phasing • System Implementation(Phases l& 2) • Other Accomplishments • Conceptual Construction Cost Estimate • Project Implementation Schedule In answer to a question from Mayor Loomis, Ms. Miller verified that if the Town enters into the plan and delivers the reclaimed water in the year 2005, the figures may need to be adjusted in the future. In answer to a question from Council Member Rochman, Mr.Williams explained that the water would be delivered from Tucson Water, Thornydale Reservoir and Booster Station, using a dedicated pump station and dedicated pipeline. He explained that the pumps and lines would handle all golf courses and other facilities that would require water and would not require running a separate system into the south half of the Town. MOTION: Vice Mayor Johnson MOVED to adopt Resolution No. (R)02-83 approving the Town of Oro Valley Reclaimed Water System Master Plan as presented and directed staff to begin implementation of the reclaimed water program as soon as practical. Motion SECONDED by Council Member Abbott. Motion carried, 5-0. 3. PUBLIC HEARING — ORDINANCE NO. (0)02-31 ADOPTION OF THE 2000 INTERNATIONAL FIRE CODE; PROVIDING FOR THE PENALTIES THEREOF; AMENDING ORO VALLEY TOWN CODE, CHAPTER 6, ARTICLE 6-8, SECTION 6-8-1, "FIRE CODE," OTHERWISE KNOWN AS THE 2000 INTERNATIONAL FIRE CODE, BY REFERENCE; 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 Community Development Director Brent Sinclair, explained that staff is recommending that the Town adopt the 2000 International Fire Code. He explained that currently, the Town has adopted the International Building, Residential, Plumbing, Mechanical, Fuel Gas Energy Conservation, and Property Maintenance Codes. He explained that by adopting the Code, the Town would be conforming to the direction of other cities and towns in this region and throughout the country. He stated that there would be no major fiscal impact to the Town. Vice Mayor Johnson suggested that a definitive date be established in the code so that when constituents submit their plans they are adhering to the new Fire Code. Council Member Wolff referred Section 3, 111.4 Failure to Comply. "Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be guilty of a civil infraction, and upon conviction thereof shall be punished by a fine not 09/18/02 Minutes, Council Regular Session 5 to exceed two thousand five hundred dollars ($2500) or by imprisonment for a period not to exceed six (6)months, or by a period of probation not to exceed three (3) years, or by any combination thereof." He asked how the Town would impose a jail term for a person who is found in violation of a"civil infraction". Joe Andrews, Civil Attorney, explained that he believed some language may have been dropped from this section in the drafting or this could have been an oversight. He explained that this could be revised by a simple code amendment which states"shall be guilty of a civil or criminal infraction". He clarified that this would mean the applicant could be cited for either. Council Member Wolff asked that the additional language be inserted in the code. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Rochman MOVED to approve Ordinance No. (0)02-31, the adoption of the International Fire Code, 2000 edition with amendments and include the notification to customers; and adding the additional language "or criminal infraction", and an effective date be identified within the enactment of the new Town Fire Code. Council Member Wolff SECONDED the motion. Motion carried, 5-0. 4. PUBLIC HEARING—LIQUOR LICENSE APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR CIBARIA CUCINA ITALIANA RESTAURANT LOCATED AT 12985 N. ORACLE RD. #165 MOTION: Vice Mayor Johnson MOVED to approve the request for a Series 12 Liquor License for Michael and Karyn Veres at Cibaria Cucina Italiana Restaurant located at 12985 North Oracle Road, #165. Council Member Rochman SECONDED the motion. Motion carried, 5-0. 5. PUBLIC HEARING - ORDINANCE NO.(0)02-22 OV7-02-01 AN ORDINANCE OF THE TOWN OF ORO VALLEY AMENDING THE ORO VALLEY ZONING CODE REVISED PERTAINING TO CHAPTER 2, DEFINITIONS,AND CHAPTER 6, SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS AND/OR CREATING A NEW OVERLAY DISTRICT CHAPTER TO ADDRESS REQUIREMENTS PERTAINING TO LIVESTOCK(CONTINUED FROM AUGUST 1, 2002) Community Development Director Brent Sinclair explained that since August 1, 2002, the Town Council has held a study session to discuss this issue. He explained that the participants attended a mediation meeting on Saturday, September 7th and have requested one more meeting be held. He reported that the participants intend to resume their mediation meeting on September 28, 2002 in an attempt to resolve some of their concerns. Therefore, staff is recommending that this item be continued to the October 16, 2002 Town Council meeting. 09/18/02 Minutes, Council Regular Session 6 Mayor Loomis opened the public hearing. Carl A. Kuehn, 9250 North Calle Loma Linda, explained that the horse issue had been brought before many different public hearings and he felt that the timing and history of this case had a heritage of its own that could not be ignored. He stated that the special interest groups and the government have become too intertwined. MOTION: Council Member Rochman MOVED to continue Ordinance No. (0)02- 22, OV7-07-02-02, to the October 16, 2002 Town Council Meeting. Council Member Wolff SECONDED the motion. Motion carried, 5-0. Mayor Loomis recessed the meeting at 7:40 p.m. The meeting resumed at 7:56 p.m. 6. ORDINANCE NO. (0)02-23 OV7-02-03 AMENDING ORDINANCE NO. (0)94-4 ADOPTED FEBRUARY 2, 1994 KNOWN AS THE ORACLE ROAD SCENIC CORRIDOR SPECIFIC PLAN AND THE ORO VALLEY ZONING CODE REVISED,ARTICLE 10-4 ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT BY INCLUDING THE KILANNA, BIGHORN COMMERCE CENTER LLC AND THE THOMAS KIT AND PAULA DONLEY CP/RS PROPERTIES,LOCATED ON THE SOUTHSIDE OF RAMS FIELD PASS,EAST OF ORACLE ROAD,JUST NORTH OF THE HONEYWELL SITE,WITHIN THE STANDARDS SET FORTH IN ARTICLE 10-4 ET SEQ., PARCELS 220110750, 220110760, 22004010N, AND 22011010M Community Development Director Brent Sinclair explained that the amendment referenced in Ordinance (0)02-23 is to include the referenced properties within the Oracle Road Scenic Corridor Overlay District (ORSCOD) so that the Ordinance applies in the area upon annexation. In answer to a question from Vice Mayor Johnson, Joe Andrews, Civil Attorney, explained that the Ordinance states that the property should be annexed before the overlay district is applied to the property. Council Member Rochman asked why the landscape buffers and setbacks from Oracle Road were not applicable to the Kilanna Property. Mr. Sinclair explained that the bulk of the setback requirement under ORSCOD has to do with the setback road itself and the primary attempt is to preserve landscape buffers in and around Oracle Road. In answer to a question from Mayor Loomis, Mr. Sinclair explained that the area would possibly allow multi-family, with medium to high density use without coming before Council. In answer to a question form Mayor Loomis, Bill Jansen, Town Engineer replied that a traffic light would not be required on Oracle Road. 09/18/02 Minutes, Council Regular Session 7 In answer to a question from Mayor Loomis, Mr. Sinclair explained that the possibility would exist that some homes would abut to the commerce park. Ron Petes, 4846 North Davis Avenue, representing T. J. Bednar Homes, stated that he would welcome any questions the Council might have. Vice Mayor Johnson expressed concern with the buffering between the 6 acres to the west and the development of the residential and the selling of the lot along that border. He asked what kind of buffering would be used to segregate the residential community from the industrial park. Mr. Petes explained that at this stage the plat had not been completed but the platting process was under an R-4 Zoning. He said that he would be compelled to comply with each and every requirement and would place the buffers that were necessary and follow the requirements. Vice Mayor Johnson stated that he would like to see the two parcels to the west of Oracle Road included on the annexation map. He explained that it would be easier if all of the properties in the area were on the map as opposed to the piece by piece method. Mr. Petes stated he would be happy to cooperate if the interest is there. Council Member Rochman explained that there was some reluctance from Council to revise ORSCOD, because if the current proposal for a residential community failed then anything could be constructed on the property. Mr. Petes stated that he understood Council's reluctance, but the highest density residential that could be placed on ORSCOD which is a R4-R, would not allow a multi- family use or an apartment complex of any sort. Council Member Rochman asked if additional restrictions are placed in the ORSCOD conditions. Mr. Andrews stated that he could not answer the question without researching the matter further. Council Member Abbott expressed concern with the traffic flow in the Ram Pass area. She asked if the applicant would be willing to contribute or pay for the installation of a traffic light. Mr. Petes replied that the company would indeed be willing to participate in the installation of a traffic light in the area. Mayor Loomis asked if the traffic light installation would be a part of the development plan. 09/18/02 Minutes, Council Regular Session 8 Mr. Jansen explained that the traffic signals are totally controlled by Arizona Department of Transportation (ADOT). He explained that a light was being proposed in Neighborhood 4, which is at the entrance of Catalina State Park and at Hanley for the Steam Pump Ranch complex. He doubted if there would ever be a traffic signal placed there because of the space involved and potentially developing another Ina Road going west. Council Member Abbott asked if the applicant was proposing an in-lieu fee for the recreational space that is required. Mr. Petes explained that the company had not arrived at making any decision at this point regarding the matter, but stands ready to do what needs to be done to put this project online. He further explained that the company would get a public report issued by the State of Arizona before any parcel of property sold which will specifically address the existing zoning and potential usage of all the adjacent properties to the north, south, east and west. Mayor Loomis opened the public hearing. Ann Farry 2381 East Stone Stable Drive, stated that she was present on behalf of the residents of La Reserve and Rams Canyon who support Mr. Petes and support the building of homes which would enhance the property values of the homes presently in Ram Canyon. She explained that the community did not want additional commercial development and they felt that the residential homes would enhance the scenic corridor. Necoe Otto, 11320 North Flat Granite Drive, supported the development of the land for residential homes only. MOTION: Council Member Rochman MOVED to adopt Ordinance (0) 02-23, OV7- 02-03, amending the Oro Valley Zoning Code Revised, Article 10-4 Oracle Road Scenic Corridor Overlay District by including the Kilanna, Bighorn Commerce Center LLC and the Thomas Kit and Paula Jean Donley properties within the District. Council Member Wolff SECONDED the motion. DISCUSSION: Council Member Abbott discussed the following: • Should the Town retain the area for commercial land for the creation of jobs. • The Town is currently trying to increase commercial areas in the General Plan. • The purpose of ORSCOD is to retain beauty of the mountains. • Decisions to make whether retaining commercial for jobs is more important than preserving the views of Pusch Ridge and allowing a nice residential area to be built. • The proposed storage facility was processed by Pima County, not Oro Valley, so we can't impose ORSCOD restrictions on it. Vice Mayor Johnson stated he was concerned with the process of rezoning a property. Currently the process involves a lot of participation between the public, the Planning and Zoning Commission and the Council before it is approved, therefore, giving the Town 09/18/02 Minutes, Council Regular Session 9 ability and control of what the zoning would have as far as the conditions for a rezoning. He felt ORSCOD grants rezoning automatically without all of the public participation, controls or conditions and he objected to ORSCOD's automatic rezoning portion. He said that he would be working with the Town Manager to get rid of this condition, he but would support this project at this juncture. Council Member Rochman stated that Council would do everything possible to protect the views and do what the residents of Oro Valley would like to see done in the area. Mayor Loomis stated that he was opposed and urged Council to vote against the motion because the Town does have a relatively good relationship with Pima County, especially in the planning area and, the Town is quickly running out of natural areas for the establishment of an industrial base in the community. He said that this area needed to be considered for the communities' future and the Council's ability to try and bring jobs into Oro Valley rather then continue to export them out to other town and cities. Motion carried, 4-1, Mayor Loomis opposed. 7.PUBLIC HEARING—ORDINANCE NO. (0)02-24 OV9-01-06, AMENDING THE TOWN OF ORO VALLEY ZONING MAP BY REZONING THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND LA CANADA DRIVE WHICH WAS PREVIOUSLY ZONED R1- 144 (SINGLE FAMILY RESIDENTIAL) TO ORO VALLEY R1-7 (SINGLE FAMILY RESIDENTIAL) AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH Bryant Nodine, Planning and Zoning Administrator, explained that the applicant had been working with the neighbors and the Planning and Zoning Commission to make changes to the report and would present his report first followed by the staff report. Carl Winters the applicant, 270 North Church, the applicant, explained that the project currently meets all of the recommendations of the current General Plan as well as the Steering Committee recommended plan, but he asked that the zoning in the area be changed from a R1-144 to R1-7 Zoning. He proceeded to review the site using the overhead projector. Also, he submitted a recommended draft motion. Council Member Rochman asked for clarification regarding the agreement between Copper Ridge II and the applicant with respect to Glover Road. Mr. Winters clarified that there was not an issue with Glover Road but with Desert Vista and the residents along Mountain Breeze. He explained that the residents would like no access what-so-ever, but that the Town engineer would like access to the road. Mr. Nodine reviewed the particular zoning surrounding the property. He explained that the property owner requests a rezoning on 72.84 acres from R1-144 to R1-7. If approved, the rezoning would permit the development of approximately 160 single-family residential units, including recreation areas. He proceeded to give a brief overview of the 09/18/02 Minutes, Council Regular Session 10 site's revisions using the overhead projector. He stated that staff's recommendation would be to approve the rezoning with the following conditions: • Moving the road north of Scioto as far to the north as possible. • Recommend single-story family homes on the perimeters as the applicant has indicated and as the Commission was attempting to achieve. • Reflect the Commissions conditions that everything to the west of the wash be 10,000 square foot minimum lot size. He pointed out that this would require different wording to Condition#4 in the staff report. He pointed out that the applicant had provided some alternative wording for Condition #4, but staff could not support the wording because there needed to be more specifics. Bill Jansen, Town Engineer, explained that as Town Engineer, he had a responsibility relative to the movement of traffic as well as the safety of the people using the roads of the Town. He explained that staff is proposing a tear drop design; therefore, traffic leaving the proposed development would not be able to make a left turn down Mountain Breeze. He explained that without the direct access onto Glover Road, the parents and school children who may go to Wilson School would be forced to use Tangerine Road. Vice Mayor Johnson recommended studying the area indepth to find other alternatives. John Fink, Fire Chief for Golder Ranch Fire Department, explained that he could not agree with Mr. Jansen's alternatives that the extended cul-de-sac would automatically fulfill the requirements for a secondary access because the area would have an extended cul-de-sec from the middle of the plat to the south to Glover. Therefore, it would not fulfill the requirements of the Fire Code, based on the number of homes located in the area and the distance of the cul-de-sac. He stated that he would review the matter and give it due consideration. Vice Mayor Johnson recommended continuing this item to get some of the issues resolved and receive a more clean-cut package rather than trying to figure out all of the conditions at this time. In response to a question form Council Member Abbott, Bryant Nodine explained that it would be possible to cross the conservation easement but it would require a 404 permit and mitigation of the riparian area." Council Member Abbott suggested that this would be a reasonable approach. Mayor Loomis stated that this would be redesigning the area and they should not be addressing the matter at this point in time. Mayor Loomis recessed the meeting at 9:16 p.m. The meeting resumed at 9:25 p.m. Community Development Director Brent Sinclair, reported that the Planning and Zoning Department had received a request from the Amphi School District specifically 09/18/02 Minutes, Council Regular Session 11 requesting that this item be continued to allow the school additional time to review the request. Mayor Loomis open the public hearing. The following citizens opposed the proposed revisions for the following reasons. • Dan R Couch, 1639 West Geranium Place, asked Council to take more time to research to review the concerns regarding the proposed zoning changes for safety and liability reasons. • Ken Laszczak, 11594 North Mountain Breeze, stated that the project would have a huge impact on the community, and many residents could not support the development. They felt it would lead to an unacceptable dangerous increase of traffic on residential streets that were not designed for such an influx of traffic. • Mary Snider, 11475 North Mountain Breeze Drive, suggested that Council reconsider the proposed plan and develop other alternatives. She pointed out that on the final plat a correction should be made. She explained that the over 90 lots that were slated for 6600 square feet was an error and the developer insisted that he would correct that error. She wanted to make sure that this is corrected on the final plat. • James O. Berg 11474 North Mountain Breeze Drive, read the following, "An obvious and extreme Child Safety Hazard will be created on North Mountain Breeze Drive, due to unnecessary and substantial traffic flow, if a street is connected to Glover Road from this proposed development." • Nancy Young Wright, 1005 West Wilkenson Drive, asked that the Council continue this item in order to work with the Amphi Theater Unified School District. Mayor Loomis closed the public hearing. MOTION: Vice Mayor Johnson MOVED that Ordinance No. (0) 02-24, be continued indefinitely and brought back before Council when the questions had been answered regarding the conditions. Council Member Rochman SECONDED the motion. Discussion: Council Member Abbott expressed concern with the number of homes that had been proposed for the area because Wilson School would take a big hit. She felt that the Town should be compensated with additional funds and there should be some additional time to allow the School Board to review the matter. Motion carried, 5-0. 09/18/02 Minutes, Council Regular Session 12 TOWN MANAGER'S REPORT None CALL TO AUDIENCE None ADJOURNMENT MOTION: Vice Mayor Johnson MOVED to ADJOURN at 9:47 p.m. Council Member Rochman SECONDED the motion. Motion carried, 5-0. Respectfully submitted, Linda Hersha, Secretary II I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the _18th_ day of September, 2002. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of ,2001. Kathryn E. Cuvelier,CMC Town Clerk TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report for the Month Ended August 31, 2002 GENERAL FUND: Due to the very limited amount of data that has been received, it is difficult to forecast any trends. However, sales tax collections in retail and lodging appear to have improved over last fiscal year. Construction and restaurant sales tax collections along with state shard revenues are tracking to budget. This positivismby is offset theapparent slow down in residential construction. Residential building permitsy August for Jul and Au ust totaled 61 . At this rate, residential building permits annualize at 366, well below the 500 that was forecasted for the fiscal year. The construction slow down also affects roadway development impact fees and water impact fees. HIGHWAY FUND indicator of this fund's performance, Highway User Revenue Funds, only have one month The main of data, so it is difficult to ascertain future revenue streams. TOWNWIDE ROADWAY DEVELOPMENT IMPACT FUND Development Impact Fees are 55.2% lower for July and August of this year compared to the same period of FY 2001-02. If this trend continues, revenues will not meet the budget figure. WATER UTILITY Water sales and charges for services are tracking to budget. ATTACHMENTS: 1. Finance Report, August 31 , 2002 SUGGESTED MOTION: I move to accept the Finance Report for the month ended August 31, 2002. TOWN OF ORO VALLEY OUNCIL COMMUNICATION PAGE 2 OF 2 7),/ 'i , • 6144w,--- David L. Andrews Finance Director CL I A , , i. Chuck Swee Town Manager Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through August 31, 2002 Percentage of Year Completed 2/12= 16.67% 2002/2003 Percentage August Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Taxes $ 450,658 $ 450,658 $ 6,282,000 7.2% State Shared 561,156 824,614 6,706,270 12.3% Other Intergovernmental - - 516,771 0.0% Fines 16,115 33,462 200,000 16.7% Licenses & Permits 113,901 234,334 1,852,000 12.7% Charges for Services 39,232 88,997 395,384 22.5% Federal Grants - - 289,478 0.0% State Grants - - 66,500 0.0% Interest Earnings 9,554 9,554 275,000 3.5% Miscellaneous 115 10,835 63,500 17.1% Fund Balance Carryforward 9,001,884 TOTAL REVENUES 1,190,731 1,652,454 25,648,786 9.9% EXPENDITURES: Town Council 17,654 21,193 146,120 14.5% Town Clerk 22,603 34,903 290,299 12.0% Magistrate Court 42,487 60,892 495,824 12.3% - 'n Manager 33,679 44,321 343,778 12.9% Ian Resources 24,288 31,637 226,747 14.0% Economic Development 16,504 22,403 797,864 2.8% Finance 48,720 64,485 465,676 13.8% Information Systems 49,558 70,961 353,423 20.1% Legal 53,550 70,075 609,471 11.5% Community Development Administration 42,098 51,893 389,463 13.3% Planning &Zoning 86,801 121,319 904,817 13.4% Parks & Recreation 192,130 275,435 1,501,917 18.3% Library Services 50,215 66,316 1,006,717 6.6% Geographical Information Services 2,765 4,791 125,596 3.8% Police 703,878 988,331 8,180,357 12.1% Police-Grant Contingency - - 43,000 0.0% Building Safety 105,593 147,659 1,106,230 13.3% Public Works 38,980 51,480 336,597 15.3% Custodial & Facility Maintenance 10,875 12,889 153,163 8.4% General Administration: Operations & Maintenance 15,616 34,565 429,857 8.0% Improvements 178,533 178,533 801,752 22.3% Equipment - - - 100.0% Transfers to Other Funds - - 1,134,954 0.0% Contingency 5,805,163 TOTAL EXPENDITURES $ 1,736,527 $ 2,354,081 $ 25,648,786 11.9% REVENUES LESS EXPENDITURES $ (545,796) $ (701,627) r"ND BALANCE AT JULY 1, 2002* $ 9,938,589 It-URRENT FUND BALANCE $ 9,236,962 "Pre-audit figure t Town of Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through August 31, 2002 Percentage of Year Completed 2/12= 16.67% 2002/2003 Percentage August Y-T-D Total of Budget Actuals Actuals Budget , Completed REVENUES: State Shared Fuels Tax $ 179,205 $ 179,205 $ 2,365,000 7.6% PAG Reimbursements - - 110,000 0.0% Other Revenues 6,277 10,584 49,000 21.6% Fund Balance Carryforward 1,217,751 r TOTAL REVENUES 185,482 , 189,789 , 3,741,751 7.5% EXPENDITURES: Personnel 118,015 161,292 1,119,260 14.4% Operations & Maintenance 29,166 28,421 855,963 3.3% Capital Improvements 163,084 165,060 1,074,500 15.4% Equipment&Vehicles 28,774 28,774 182,000 15.8% Contingency 510,028 TOTAL EXPENDITURES , $ 339,039 $ 383,547 _ $ 3,741,751 11.9% REVENUES LESS EXPENDITURES $ (153,557) $ (193,758) FUND BALANCE AT JULY 1, 2002* $ 1,688,714 CURRENT FUND BALANCE $ 1,494,956 *Pre-audit figure Town of Oro Valley PUBLIC TRANSPORTATION FUND Budget Compared to Actuals Report Through August 31, 2002 Percentage of Year Completed 2/12 = 16.67% 2002/2003 Percentage August Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Federal Grant $ - $ - $ 194,400 0.0% Local Transportation Assistance Funds 17,330 17,330 177,550 9.8% Other 2,963 6,203 85,401 7.3% Fund Balance Carryforward 127,067 TOTAL REVENUES 20,293 23,533 584,418 5.1% EXPENDITURES: Personnel 26,890 36,700 262,424 14.0% Operations & Maintenance 1,672 5,146 93,994 5.5% Vehicles - - 228,000 0.0% Contingency - TOTAL EXPENDITURES , $ 28,562 $ 41,846 $ 584,418 7.2% REVENUES LESS EXPENDITURES $ (8,269) $ (18,313) VD BALANCE AT JULY 1, 2002* $ 159,208 CURRENT FUND BALANCE $ 140,895 _ *Pre-audit figure , Town of Oro Valley TOWNWIDE ROADWAY DEVELOPMENT IMPACT FEES FUND Budget Compared to Actuals Report Through August 31, 2002 Percentage of Year Completed 2/12 = 16.67% 2002/2003 Percentage August Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: PAG Reimbursement $ - $ - $ 8,310,000 0.0% Interest-Investments 7,229 7,229 140,000 5.2% Development Impact Fees 62,248 120,480 1,004,000 12.0% p p Pima County Reimbursement - - 1,640,000 Fund Balance Carr orward 7,015,586 TOTAL REVENUES 69,477 127,709 18,109,586 1.2% EXPENDITURES: Personnel26,119 35,340 271,778 13.0% Operations & Maintanence 23,666 25,466 199,450 12.8% Capital Improvements 268,726 373,222 12,145,000 3.1% Equipment & Vehicles - - 5,000 0.0% Contingency 5,488,358 TOTAL EXPENDITURES $ 318,511 $ 434,028 , $ 18,109,586 3.4% ENUES LESS EXPENDITURES $ (249,034) $ (306,319) FUND B ALANCE AT JULY 1, 2002* $ 7,396,717 CURRENT FUND BALANCE $ 7,090,398 *Pre-audit figure Town of Oro Valley ORO VALLEY WATER CONNECTION FEES FUND Budget Compared to Actuals Report Through August 31, 2002 Percentage of Year Completed 2/12 = 16.67% 2002/2003 Percentage August Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Interest-Investments $ 4,216 $ 4,216 $ 75,000 5.6% Fund Balance Carryforward 5,704,945 TOTAL REVENUES 4,216 4,216 5,779,945 5.6% EXPENDITURES: Operations & Maintenance - - - Capital Outlay131,600 140,247 3,472,000 4.0% p Contingency 2,307,945 TOTAL EXPENDITURES $ 131,600 $ 140,247 $ 5,779,945 4.0% REVENUES LESS EXPENDITURES $ (127,384) $ (136,031) FUND BALANCE AT JULY 1, 2002* $ 5,673,647 CURRENT FUND BALANCE _ $ 5,537,616 -audit figure • Town of Oro Valley ORO VALLEY WATER CONNECTION FEES DEBT SERVICE FUND Budget Compared to Actuals Report Through August 31, 2002 Percentage of Year Completed 2/12= 16.67% 2002/2003 Percentage August Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Single Family Connections $ 65,638 $ 137,485 $ 887,000 15.5% Commercial Connections - 10,200 200,000 5.1% Other Connections 33,258 33,258 20,000 0.0% Interest- Investments 1,034 1,034 20,000 5.2% Fund Balance Carryforward - - 677,000 0.0% TOTAL REVENUES 99,930 181,977 1,804,000 16.1% EXPENDITURES: Debt Service Payments - - 1,127,000 0.0% Contingency ! - - 677,000 i 0.0% TOTAL EXPENDITURES , $ - $ - $ 1,804,000 0.0% REVENUES LESS EXPENDITURES $ 99,930 $ 181,977 FUND BALANCE AT JULY 1, 2002* $ 622,974 RRENT FUND BALANCE $ 804,951 , *Pre-audit figure Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through August 31, 2002 Percentage of Year Completed 2/12 = 16.67% 2002/2003 Percentage August Y-T-D Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: Water Revenues $ 760,850 $ 989,903 $ 7,736,261 12.8% Service Charges & Meter Income 31,877 70,230 426,500 16.5% TOTAL REVENUES 792,727 1,060,133 8,162,761 13.0% OPERATING EXPENSES: Personnel 162,130 223,006 1,583,943 14.1% Operations & Maintenance 95,865 434,586 2,910,388 14.9% p Depreciation &Amortization 118,568 237,136 1,601,600 14.8% TOTAL OPERATING EXPENSES 376,563 894,728 6,095,931 14.7% OPERATING INCOME 416,164 165,405 2,066,830 8.0% NONOPERATING REVENUES (EXPENSES) est Income 4,479 4,479 300,000 1.5% Interest Expense 148,501 148,501 2,088,687 7.1% TOTAL NONOPERATING REVENUES (EXPENSES) (144,022) (144,022) (1,788,687) NET INCOME $ 272,142 $ 21,383 $ 278,143 RETAINED EARNINGS AT July 1, 2002* $ 5,916,542 $ 4,901,682 CURRENT RETAINED EARNINGS $ 5,937,925 $ 5,179,825 *Pre-audit figure Town of Oro Valley ORO VALLEY WATER UTILITY Capital Budget Through August 31, 2002 Percentage of Year Completed 2/12= 16.67% August Y-T-D 2002/2003 %Budget CAPITAL BUDGET Actuals Actuals Total Budget Completed Machinery& Equipment $ - $ - $ 234,900 0.0% Vehicles - - 28,500 0.0% Land - - - Meters 15,628 15,628 100,000 15.6% Wells 19,680 19,680 655,000 3.0% Booster Stations 220,944 220,944 712,500 31.0% Transmission/Distribution Main 8,276 8,276 1,418,375 0.6% Reservoirs - - 820,000 0.0% Hydrants - - - Telemetry - - - Structures - - 240,000 0.0% Water Rights - - - TOTAL CAPITAL BUDGET $ 264,528 $ 264,528 $ 4,209,275 6.3% SUPPLEMENTAL REPORT - ITEM C TOWN OF ORO VALLEY = -TRU fcirM SUPPLEMENTAL COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ruiz,Engineering Division Administrator, Oro Valley Water Utility. SUBJECT: Application for Inclusion to the Water Utility Service Area submitted by Arizona Kelly,Inc. SUMMARY: Subject Property(Desert Springs, Blocks 1 —5) currently does not have water service. The owners,Arizona Kelly, Inc., desire to be served by Oro Valley Water Utility and are proposing to extend the existing water system to provide service to the proposed development. System connection will be completed pursuant to Oro Valley Water Utility specifications and will be done at the applicant's sole expense. The reason for this Supplemental Communication is to modify Consent Agenda Item C.to have only one"Suggested Motion"as specified below. FISCAL IMPACT: The Utility will receive the infrastructure improvements at no cost through a Line Extension Agreement and will receive revenue from the sale of water. RECOMMENDATIONS: Staff recommends approval of the Application for Inclusion to the Water Utility Service Area upon successful annexation of subject property into the Town of Oro Valley. SUGGESTED MOTION: I move to approve the Application for Inclusion to the Water Utility Service Area upon successful annexation of subject property into the Town of Oro Valley. ATTACHMENTS: Application for Inclusion to Water Utility Service Area and area map. • -ring Divis• n ministrator Water UtiliD• P efor Town anager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ruiz, Engineering Division Administrator, Oro Valley Water Utility. SUBJECT: Application for Inclusion to the Water Utility Service Area submitted by Arizona Kelly, Inc. SUMMARY: Subject Property(Desert Springs,Blocks 1 —5) currently does not have water service. The owners, Arizona Kelly, Inc., desire to be served by Oro Valley Water Utility and are proposing to extend the existing water system to provide service to the proposed development. System connection will be completed pursuant to Oro Valley Water Utility specifications and will be done at the applicant's sole expense. FISCAL IMPACT: The Utility will receive the infrastructure improvements at no cost through a Line Extension Agreement and will receive revenue from the sale of water. RECOMMENDATIONS: Staff recommends approval of the Application for Inclusion to the Water Utility Service Area upon successful annexation of subject property. SUGGESTED MOTION: I move to approve the Application for Inclusion to the Water Utility Service Area subject to successful annexation of subject property. or I move to approve the Application for Inclusion to the Water Utility Service Area. or I move to deny the Application for Inclusion to the Water Utility Service Area. ATTACHMENTS: Application for Inclusion to Water Utility Service Area and area map. Oi;I; Engineering Divisioy A s inistrator 7- "if- Utility Director OF r Town Managt F Mt�NC�;ESTER DEVELOPMENT CO. ; 520 32G 5515; AUG-27-02 4:40PM; PAGE 2/2 . c r uc u.f: 1ep aro va11e3 water gati 1 its 520-825-4621 P• 1 s ALLEY 44,1 4P �a 1 t�...-� OF ORO VALLEYv ��f1,0 . cM., i APPLICATION FOR INCLUSION - .. C.��S .ON TO I'HE _....> : WATER U'ILI TY SERVICE AREA PLEASE TYPE OR PRINT THE FOLLOWING ' INFORMATION. IOC. 4. --(7(-- K -1-4...ti Property Owner: ,AZ Inc. Beneficiary of Title tle Security Trust #713 Owner is: h1dividual PartnershipX Corporation Sole Proprietorship Owners Address: 3010 E. Camelback Road __ 1 Phoenix, Arizona 85016 — --- Authorized Representative: Stephen E. Renneckar - -- Titic: _ Vice President General Property Location/Identification: Dell Ranch, Oracle Rd. & Tangerine Rd. 0�`es AS�� 14) Lcg Description Attached is: e X Rccortded Plat withn/a 8o lots. a/F SJ�!°� /1 Meets and Bounds with an area of acrd. ,)roperty is: — Within the Town limas X -� Outside of the Town Limits Fee Attached (At$100 per lot or$5.00 per acre): 109 acres x $5.00 = $545.00 I/WE THE UNDERSIGNED DO HEREBY: • Request the Town of Oro Valley to expand the Water UtilitySiArta et•vce oftheTown. • Apply for our property to be included within the Servicc Area of the Oro Valley Water Utility. • Agree Co fQllovw all a *able statutes,c rdin ices, policies and regulations, id /. V •- SUBMITTED: -.- f . • ' C i i'-'S (. � .• Signature of wnerj- u,•.oc'4. - — _ presenn tative 6EV--- Date STA"I'E OF ARIZONA) • COUN'T'Y OF PIMA ) 55. This instrument was acknowledged before me this - _. � \-0,,��,.bday ofc- �. KELP asp of --`. `- .S rte- Y-C ,,,,(;,',,*--t,,,,, RENEE M. 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TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 0 TO: HONORABLE MAYOR& COUNCIL FROM: Bayer Vella,AICP, Senior Planner SUBJECT: 2002-2003 PLANNING AND ZONING COMMISSION WORK PLAN SUMMARY: Annually, the Planning & Zoning Commission prepares and adopts a work plan. The Work Plan (per the Zoning Code Article 1-402A) coordinates Town staff work regarding development review, land use plans, and Zoning Code amendments by listing specific projects, their status, and the recommended priority for completion. Town Council adoption of the plan will provide staff with direction and priorities for completing specific work tasks. 2001-2002 WORK PLAN A copy of the current Work Plan is attached as Exhibit A. The fields and abbreviations in the Work Plan are explained on the first page. The priorities shown are those approved by Town Council. Overall, staff completed more items in-house on the Work Plan than have ever been accomplished (note items with strikethroughs in Exhibit A). This mirrors the fact that additional Planning staff was added during this period. 2002-2003 WORK PLAN The proposed Work Plan is attached as Exhibit B. Several items are carryovers from the 01-02 Plan— and will be completed in 02-03. Overall, the Plan is less aggressive than last year — which reflects a reduction in staff (one planner). Staff is proposing a reduction in the number of Citizen Planning Institute classes and postponing several lower priority items. PLANNING & ZONING COMMISSION ACTION At the September 3, 2002 meeting, the Commission voted unanimously to recommend approval of the Work Plan. RECOMMENDATION Staff recommends approval of the 2002-2003 Work Plan items and priorities as presented. SUGGESTED MOTIONS I move to approve the 2002-2003 Planning and Zoning Commission's Revised Work Plan. TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 2 of 2 OR I move to approve the 2002-2003 Planning and Zoning Commission's Revised Work Plan with the following changes: ATTACHMENTS: 1. Exhibit A, 2001-02 Work Plan 2. Exhibit B, Proposed 2002-03 Work Plan A kJ- Pla Mali Zoning Administrator Community Development Director • F:\Admin PZ\P&Z Commission\02WP_TC1 rpt.doc Town Manager . . M w- N O • .-s a) r— ,Adi CZ! CO O. 0 CIE o E4 .O O cn .. +..r a) . , . U a) • 0 o 7,3 U 0 -, .— a, 5 -/-t g c-1 E-•+ > N t ill CA 111 V Ct tiN o t b U > c9- .. a N Q �' .. U � 7' CJ Cid OW '1y .. U al a' ►-� ., O 40 0 Oo N o � o , I i •u 4._) oma, . c„ a, , , s„, z 4 r,1 cry ,y o �' V oat c, • 0 Cl) ..- •a o C '"' �-' • ill ° Cl). Q o a a) ,V al -4-J E V �c rai ,4 � �._ 1 O W • U ' a) Q O O a ° v. • U , a, ca C, H 3 0 rtL Oa) 4w '1) (ij, ''c 1 0 74-5J u o 4) O o 2 cd O . .. .= u W 5 P a) N oO N a) p a) C ; cD .- ,- ,- 5 o ..--) •,-, c Ai 4 et E a4 cg .O O .5 v 0 4 a, fi U0 "•-' o .. •�z o V1 - P. ci P. 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N w ci) ei5 0 (.. ciD czs C < o O r'4+ Q ai E- a z TDH z Q ,- c w Z a � Q o � � (!� ¢ z o U Q E Z o_ W W w W Q U O W E 7, Q Q Q H ��., 5 Q U H �., c� w w [a., o' z U w H o P. w O E-' z Q w Z Q 0 a w ¢ U z v) C w ' z v ¢ w 0 Pi a w ¢ Q N o, ¢ aE wH �, P. w Q Q U N W C W a/ CLQ Z U Q ¢ Z Z z '- H > Z H w N a W 0 ¢ w Q Qw.,, d z z p z O z w 06a C'7 Q, A U a x ,LL a Q E- z 1=' N z O a w Q < Q v c < O Q 0 Z o — > Q Q H U > > U L7 L7 U w < U U < as-, < Z < cRRI g Y M O M N v) -4 a) t' O cc Q Q •- czs at,;,; at aA 0 > > O 0 0 t1, a) a� .g v) a) a, b = (L)O O a) .C, _C) t O U gcu '� cu O 5, U O c) `4 — •� �+ g a) a) Cl) •: a) a) O Q) c a) Cl) O O j b 0 0 cd' s. cscs cd cd v) ct3 ct C4 g O b b > 0 b o o c O O •� . ebb Q) N g N N � � � C IS at w 4 ,:a 1-5 i F7:14 P4 P-, fa.. � Lt ; •kie ►1, _ N o 0 N Zil o 0 0 0 w w a, a .T —4 gU O o 00 04 � N N 44U N N 0 es v) H o. c a tN 0 0 13 ai25ri, ›-,d .. ~ 0 a ,4 U O Q 0 H Q C 0 › 0 U d .N E Z z w E U O > o vi Q H V� H d Z d a d w w �,, w H O a U U w Z W ,� a O Q C7 d g " w > g U- TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Thomas J. Keiran, Planner I SUBJECT: RESOLUTION (R) 02-84, OV7-02-06, DECLARING PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, ARTICLE 10-4, ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT, TO ADDRESS CUMULATIVE ZONING ENABLED AS A MATTER OF PUBLIC RECORD. BACKGROUND: On July 17, 2002, the Town Council initiated an amendment to the Oro Valley Zoning Code Revised, Article 10-4, Oracle Road Scenic Corridor Overlay District (ORSCOD). The aim is to potentially amend or delete the hierarchal zoning structure and/or process enabled within the district. Section 10-401 (B) Cumulative Zoning Enabled (attached)provides that each higher zoning category can by right allow uses of less intense zoning categories without a rezoning. This is called cumulative zoning or hierarchal zoning. The Commission held a Public Hearing on the ORSCOD amendment on September 3, 2002, and on a 6-0 vote recommended that the Town Council remove the provision. SUMMARY: This item is only to establish the proposal as a matter of public record. RECOMMENDATION: Staff recommends that the Town Council adopt a Resolution declaring proposed amendments to the OVZCR Article 10-4, Oracle Road Scenic Corridor Overlay District, as a public record. SUGGESTED MOTIONS: I move to adopt Resolution (R) 02-84, declaring proposed amendments to the OVZCR Article 10-4, Oracle Road Scenic Corridor Overlay District, as a public record. Attachments: / 1. Resolution (R)02-84 Planting . • Zonin: i dministrator 2. Proposed change to OVZCR / i * 4.,r .. C u ity Deve ipment Director 1// Town Manager RESOLUTION NO. (R)02-84 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA,DECLARING PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED ARTICLE 10-4, ORACLE ROAD SCENIC CORRIDOR OVERLAY DISTRICT,AS A PUBLIC RECORD. BE IT RESOLVED,BY THE MAYOR AND THE TOWN COUNCIL,that certain document entitled 0V7-02-06, proposed amendments to the OVZCR Article 10-4, Oracle Road Scenic Corridor Overlay District, three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of OCTOBER , 2002 TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Date APPROVED AS TO FORM Dan L. Dudley, Town Attorney Date Based on the recorded plat for the Foothills Business Park, Lots 2-8, 16, and 17 shall be exempt from the requirements of Sec. 10-407D.4.a. (open space) and Sec. 10-407D.5.a.-b. (view corridors). Lots 9-12 of the Foothills Business Park shall be exempt from the provisions of Sec. 10-407D.2. (setbacks) and Sec. 10- 407D.4.a. (open space). All other provisions of this district shall apply. Lots 1, 13, 14, and 15 of the Foothills Business Park have been fully developed, and are exempt from the provisions of the overlay district. c. Steam Pump Ranch Planned Area Development- If the Steam Pump Ranch PAD gains ordinanced zoning status, the following exemptions shall apply. If the PAD lapses or is substantially altered as to building layout or circulation patterns, all provisions of the ORSCOD shall apply. Based on the tentative development plan approved as part of the Planned Area Development document, the Steam Pump Ranch PAD will be exempted from Section 10-407C.3.a. related to permitted building bulk, if the conditions stated above are satisfied. All other provisions of this district shall apply. d. If any PAD is substantially changed from the Town approved plan, as determined by the Planning and Zoning Director, all provisions of this overlay district shall apply. A substantial change from the approved land use plan includes a change in 1)the number and general massing of buildings or groups of buildings, 2)density, 3) setbacks, 4) open space or 5) circulation configuration. Such a deviation will cause the loss of exemption. All cases evaluated for significant change shall be made known to the Planning&Zoning Commission through the Planning&Zoning Director's Report. f e•e e• • e • - -a ••_ _sem •• I • • _ _ ••-•-e _• • � • r• : se•••• e r • a ra • ••• • e•_ _ 10, R1 7, R, 36, RI 43, and R 1 1411. Q.-B. Special Recommendations The Planning & Zoning Director may recommend such development standards as the director deems necessary to assure compliance with Oracle Road Scenic Corridor Specific Plan Goals and Objectives and for the protection of neighboring residences for all plats and development plans that may be submitted in the development period. (OVZCR 10-26) TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2,2002 TO: HONORABLE MAYOR & COUNCIL FROM: Alan Forrest, Water Utility Director SUBJECT: Resolution No. (R)02- 85 Authorizing the Execution of an Intergovernmental Agreement Between the Town of Oro Valley and the City of Tucson to Memorialize the Existing Practice of Providing Water Service to a Portion of the Oro Valley Water Utility Service Area. SUMMARY: Oro Valley Water Utility does not currently have infrastructure in place to provide water service to twenty-one (21) lots in the southern portion of its service area; thus water is being provided by the City of Tucson (Tucson). Water has been provided by Tucson since July 1999 when the Town assumed management of this service area. Staff worked with Tucson personnel to establish the respective responsibilities; however, there was no formal written agreement. The attached Intergovernmental Agreement (IGA) will formalize the existing practice of providing water service to this specific service area, clarifies ownership of the infrastructure and outlines the responsibilities of both the Town and Tucson with regard to this small portion of the service area. Tucson will continue to provide water until the Utility can construct the necessary facilities. FISCAL IMPACT: The Utility will remit all commodity charges received from the customers to Tucson but will retain the monthly base rate charges. This allows both entities to recover their respective costs for the services provided. RECOMMENDATIONS: Staff respectfully recommends approval of Resolution No. (R)02-85 • SUGGESTED MOTION: I move to approve Resolution No. (R)02-85 authorizing the execution of an intergovernmental agreement between the Town of Oro Valley and the City of Tucson to memorialize the existing practice of providing water service to a portion of the Oro Valley Water Utility service area. OR I move to ATTACHMENTS: 1. Resolution No. (R)02- 85 Authorizing the execution of an intergovernmental agreement between the Town of Oro Valley and the City of Tucson to memorialize the existing practice of providing water service to a portion of the Oro Valley Water Utility service area. a, ---ifW r tility Di p or ' I Town Maria_.-r RESOLUTION NO. (R) 02-85 RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON TO MEMORIALIZE THE EXISTING PRACTICE OF PROVIDING WATER SERVICE TO A PORTION OF THE ORO VALLEY WATER UTILITY SERVICE AREA. WHEREAS, the Town of Oro Valley and the City of Tucson may enter into an Intergovernmental Agreement with one another for joint or cooperative action pursuant to the provisions of A.R.S. § 11-952; and WHEREAS, the necessary water utility infrastructure is not yet in place for the Town of Oro Valley to provide water service to a portion of the Oro Valley Water Utility service area as depicted on Exhibit "1" (the "Area") to the Intergovernmental Agreement, which is attached hereto as Exhibit "A"; and WHEREAS, the City of Tucson has been providing a source of water to the Area since July 1999; and WHEREAS, the City of Tucson has the ability and desire to continue providing a source of water to the Area; and WHEREAS, it is in the best interest of the residents of the Town for the Town to purchase potable water from Tucson to provide water service to the Area until such time the Town of Oro Valley constructs the necessary facilities; and WHEREAS, it is in the best interest of the Town of Oro Valley to execute the Intergovernmental Agreement with the City of Tucson, attached hereto as Exhibit "A" and incorporated herein by this reference, in order to formalize the existing practice of providing water service to the Area. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement between the Town of Oro Valley and the City of Tucson to memorialize the existing practice of providing water service to the Area is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative official of the Town of Oro Valley as required, are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 2nd day of October, 2002. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Town Attorney INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND TOWN OF ORO VALLEY TO PROVIDE WATER SERVICE TO A PORTION OF THE ORO VALLEY WATER SERVICE AREA This Intergovernmental Agreement entered into pursuant to ARS §11-952, by And between the Town of Oro Valley, Arizona, a municipal corporation(hereinafter referred to as the "Town"); and the City of Tucson, Arizona, a political subdivision of the State of Arizona(hereinafter referred to as the "City"). WHEREAS,the Town deemed it necessary to purchase potable water from the City; and WHEREAS,the duration of this Agreement shall remain in effect until terminated by either party; and WHEREAS, the purpose of this Agreement is to stipulate the responsibilities of the Town and the City in relation to provide water service to a portion of the Oro Valley Water Service Area located at Hardy Road and the intersections of North Shadow Mountain Drive, North Yellowstone Avenue, and North Placita de Reynaga. NOW THEREFORE, the Town and the City agree: ARTICLE I— CITY RESPONSIBILITIES A. The City shall provide water to the Town via three existing tie-over connections from the City's 12-inch main along Hardy Road to the Town's 6- inch distribution mains along North Shadow Mountain Drive,North Yellowstone Avenue and North Placita de Reynaga. A map of the streets served by this Agreement is attached hereto and incorporated herein by this reference. B. The City shall maintain the tie-overs and the City's 12-inch main. ARTICLE V—GENERAL TERMS & CONDITIONS A. Conformance. The parties to this Agreement shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes thereunder. Any action relating to this Agreement shall be brought in an Arizona court. B. Non-discrimination. Town shall not discriminate against any employee, client or any other individual in any way involved with the County and Town, because of race, age, creed, color, religion, sex, handicap or national origin in the course of carrying Town's duties pursuant to this Agreement. Town agrees to comply with the provisions of the Arizona Executive Order 75-5. C. Americans with Disabilities Act. Town shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. D. Effective Date. This Agreement shall be effective upon execution by both parties and filing the original hereof with the Office of the Pima County Recorder. This Agreement shall continue indefinitely and shall be subject to termination as described herein. E. Termination. This Agreement may be terminated by either the City or the Town with one (1) year prior written notice. F. Indemnification. The Town shall indemnify, defend and hold harmless the City, its officers, departments, employees and agents from and against all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf on connection with or incident to this Agreement. The City shall indemnify, defend and hold harmless the Town, its officers, departments, employees and agents from and against all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or omission of the City, its agents, employees, or anyone acting under its direction, control or on its behalf on connection with or incident to this Agreement. 4 G. Cancellation. Pursuant to ARS § 38-511, the parties may cancel this contract within three (3) years after its execution, without penalty or further obligation by the parties if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the parties is, at any time while the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. H. Arbitration. Any dispute arising under this Agreement, which is not settled by the Town and the City, may upon mutual agreement of the parties be decided by an Arbitration Board composed of a representative of the Town, a representative of the City, and a representative mutually acceptable to the Town and the City. I. Amendment. This Agreement contains the entire contract between the parties and it may not be modified, amended, altered or extended except through a written amendment signed by the parties. IN WITNESS WHEREOF,the parties have hereunto subscribed their names this day of , 2002. TOWN OF ORO VALLEY CITY OF TUCSON Mayor Paul Loomis Mayor Robert E. Walkup Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: Town Attorney Dan Dudley Elisabeth Sotelo, Principal Asst. City Attorney Date: Date: ATTEST: ATTEST: Town Clerk Kathryn E. Cuvelier City Clerk Kathleen Detrick 5 E, 31 IT 1 1 L NORTHERN ,..,_---\-\AVENUE 1 j ...i.:„... ...... w 0v ,„ o � /cat ____ i c c., f1-. v o ao u O cD/ce _a.., ? O , ... , „, .., m ....::„,...... - N � O cl? w �� V �0 D za iiI i I —< l'. > iiNi!!!!,iIIIIII;;;Iii.ml!1 „' .i: .....: ....... .......... ......... t. .....:.�:::::•:�:::.:. .......3::::::::::: ii i:ii:i 4:"::::';c:. ::::::::: 4 .ifi:�i:ei�i« m iii; . i. .t iii:: f.i •:u� iiii:ii:i :i. �ii: 4 i' O Fs,.'5 2CD). - - i W .. ...i:iii ter: :::::Miiiii.1..liiiiiir''': u :i .:SL:...:'I....�..::• ............. :::.'•�:::::: /� :!"..7:,:4.:',i',:liiiiii,:;:i 73 2 i. LR •i��::t:: :Y�' ::i:i::::: m :v: �V "Fi6 _ ^ »rte LI J f •iii % —f 7::::,. ,_...w ...:.....:............ ,,,;..,,;,::::::;::::::,;j,,,:ii,,,ii.„"„,,,,.fi,silimripii,:! ii,.!,;.!,.::::::.„.;.....:„....i7.7.7.7' .. •:i,lillkill.!:!:.:1 SM 4 W iLt: \...,, ,, *i...: ............ .........:........ ..... ��YELL W5? PM i)L4 i m 1 - co .................. I' . i O �Ni i/ — ' .:ri _i Z :,:!...::.:;•:::, .c.-.... . .:...:::. :� .iiii;i :;.j:!!;.!!::. . ...:. i::„:11i,.,..:i:!..,.:..i.,„:;....:,,,.! •u••s ..i.::1:.,:!..IT,'”. u 1 ar v CD o.OO . AIDOW U ..,,,... . . sH %H • �`—' `41 1.=..m...- g .....: ... :-.'"11 l A 1' (DI Z • 0 O : 0...Ft!.— ......::..:..::. ................ ==------ rg: :11.111:,1 .....:..................::....::...::::::. i::::,-:...::':.:..�Vii' ii�1:: T D r. .11 r , 11E! r- ,Po ORq CLE i:: \— Rpq C)C) v EXHIBIT 2 CUSTOM ERS ACCT # ADDRESS 1. 7040277100 8791 N. Shadow Mountain Dr. 2. 7040277200 8761 N. Shadow Mountain Dr. 3. 7040277300 8731 N. Shadow Mountain Dr. 4. 7040277400 8701 N. Shadow Mountain Dr. 5. 7040277500 8730 N. Shadow Mountain Dr. 6. 7040277600 8760 N. Shadow Mountain Dr. 7. 7040277700 8790 N. Shadow Mountain Dr. 8. 7040277800 8790 N. Yellowstone Avenue 9. 7040277900 8760 N. Yellowstone Avenue 10.7040278000 8730 N. Yellowstone Avenue 11.7040278100 8701 N. Yellowstone Avenue 12.7040278210 8731 N. Yellowstone Avenue 13.7040278300 8761 N. Yellowstone Avenue 14.7040278400 8791 N. Yellowstone Avenue 15.7040278500 8790 N. Placita De Reynag 16.7040278600 8760 N. Placita De Reynag 17.7040278700 8730 N. Placita De Reynag 18.7040278800 8701 N. Placita De Reynag 19.7040278900 8731 N. Placita De Reynag 20.7040279000 8761 N. Placita De Reynag 21.7040279100 8791 N. Placita De Reynag TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Jim Hossley, Storm Water Division Manager SUBJECT: Resolution No. (R) 02 - 86 a resolution authorizing the Town Manager to execute a Highway Expansion & Extension Loan Program (HELP) Loan repayment agreement with the State of Arizona for the HELP Loan of the Tangerine Road widening project from First Avenue to La Canada. No. OV 30 99/00 09 SUMMARY: As a political subdivision of the State of Arizona in Pima County, the Town of Oro Valley receives regional Highway User Revenue Funds (HURF) through the Pima Association of Governments (PAG). HURF funds will be used to finance most of the Tangerine Road Widening project construction costs. A bulk of the construction funding is available this fiscal year; with a remaining $1.716 million available over FY's 05 and 06. The $1.716 million is needed to start construction this year. Therefore DPW staff applied for and the Town has been awarded a $1.716 million HELP Loan by the State Transportation Board to accelerate the $1.716 million funding to this fiscal year. The principal, $1,716,000, will be paid with PAG HURF funds over a two year period (FY 04 & 05). The interest rate on the HELP Loan is estimated to be 3.5%. The interest will be paid with Town of Oro Valley funds (HURF and/or Development Impact Fees). ADOT estimates total interest to be paid over the life of the loan to amount to $117,390. ADOT has transmitted the attached Loan Repayment Agreement approved by the State Transportation Board and two copies of the Closing Certificates required by the Loan Repayment Agreement for the Town Manager's signature. ATTACHMENTS: 1. Resolution (R) 02- 86 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT: The State Transportation Board has approved the HELP Loan in the amount of $1,716,000.00 for Fiscal Year 2003. The principal, $1,716,000, will be paid with PAG HURF funds over a two year period (FY 04 & 05). The interest rate on the HELP Loan is estimated to be 3.5%. The interest will be paid with Town of Oro Valley funds (HURF and/or Development Impact Fees). ADOT estimates total interest to be paid over the life of the loan to amount to $117,390. RECOMMENDATION: Public Works staff recommends the approval Resolution No. 86 , which authorizes the Town Manager to execute a Highway Expansion & Extension Loan Program (HELP) Loan repayment agreement with the State of Arizona through the adoption of the attached resolution. (A copy of the ADOT standard Loan Repayment and Closing Certificate with the State of Arizona are available in the Town Clerk's office.) SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 02 - 86 OR I move to deny Resolution (R) 02 -86 _ , ,.„,,, ,v.f: .— Jim ssley, S orm Wate Div. Manager Willia ► •1 ansen, P. ti• n Engineer / 4 / / 1 ' Chuc weet, Town (.nager RESOLUTION NO. (R) 02-86 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN MANAGER TO EXECUTE A HIGHWAY EXPANSION & EXTENSION LOAN PROGRAM (HELP) LOAN REPAYMENT AGREEMENT WITH THE STATE OF ARIZONA FOR THE HELP LOAN OF THE TANGERINE ROAD WIDENING PROJECT FROM FIRST AVENUE TO LA CANADA NO. OV 30 99/00 09 WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, is vested with all the rights, privileges and benefits, and entitled to immunities and exemptions granted municipalities and political subdivisions under the constitution and laws of the state of Arizona.and United States;and WHEREAS, the Legislature of the State of Arizona passed Title 28, Chapter 21, Article 5 Arizona Revised Statutes, as amended, which established the Highway Expansion and Extension Loan Program (the "HELP Program") under which the Arizona Transportation Board is authorized to make loans and provide other financial assistance to the State, its agencies and political subdivisions for Eligible Projects; and WHEREAS, the Tangerine Road: First Ave. to La Canada Drive widening project is an eligible project for the HELP Program;and WHEREAS, the Tangerine Road: First Ave. to La Canada Drive widening project is necessary for the public's health, safety and welfare in order to preserve Town assets, and provide for the safe and efficient movement of traffic;and WHEREAS, the TOWN COUNCIL deems it necessary in the interest of providing for health, safety and welfare of the citizens of the TOWN OF ORO VALLEY to enter into a loan repayment agreement with the State of Arizona and execute the closing certificate required by Section 4.01 (a) (ii) of said loan repayment agreement for a HELP Program loan to accelerate certain construction financing for the Tangerine Road widening project First Ave. to La Canada Drive. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: SECTION 1. That the Town Manager is authorized to execute the loan repayment agreement with the State Of Arizona and the closing certificate required by said loan repayment agreement on behalf of the Town of Oro Valley. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona this 2NDday of OCTOBE4 2002. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis,Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier,Town Clerk Dan Dudley,Town Attorney Date Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 211d,2002 TO: HONORABLE MAYOR& COUNCIL FROM: Paul K. Nzomo,P.E Engineering Division Manager SUBJECT: Resolution (R) 02- 87 Acceptance of bids and award of contract for Project No. OV 30-01/02 25 Lambert Lane Subdivision—Surface Treatment SUMMARY: This project involves pavement sealing by use of polymer modified slurry seal; pavement removal and replacement; stop bar pavement markings; and other incidental work. The purpose of this project is to preserve and to prolong the pavement life span. In response to the advertisement for bids,the Town received two bid proposals. Town staff opened the bid proposals at 10:00 a.m. on September 20th 2002. The following is a summary of the bids received along with the engineer's estimate: 1. Tucson Asphalt $42,759.60 2. Southern Arizona Paving $40,414.60 Engineer's estimate $45,281.00 ATTACHMENTS: Resolution(R) 02- 87 FISCAL IMPACT: Funding for this project is available from budgeted Town funds for the 02/03 -fiscal year. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Public Works staff recommends the awarding of this contract to Southern Arizona Paving Inc,through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution(R)02- 87 OR I move to deny Resolution(R) 02-87 Paul Nzomo,P.E,Engineering Div. Manager 1A) -- William A. Jansen,P.E., Ti .Engineer aLif Chuck Sweet, own Manager RESOLUTION NO. (R)02- 87 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ACCEPTANCE OF BID AND AWARD OF CONTRACT WITH SOUTHERN ARIZONA PAVING INC. FOR LAMBERT LANE SUBDIVISION PAVEMENT REHABILITATION. WHEREAS, pavement rehabilitation within the Town's right of way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular, pedestrian traffic; and, WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley to authorize the Mayor to contract with Southern Arizona Paving Inc.for pavement rehabilitation, pavement patching, and other incidental work within the Lambert Lane subdivision; and THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing the Mayor to contract with SOUTHERN ARIZONA PAVING INC.for rehabilitating the streets within the Lambert Lane subdivision. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of OCTOBER , 2002. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor Date ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Date Dan L. Dudley, Town Attorney Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR &COUNCIL FROM: Douglas T. Jones, Operations Manager SUBJECT: Resolution No. (R) 02--7---as, a resolution authorizing the Town to purchase a Tennant Centurion Street Sweeper at a cost of$181,929.97. SUMMARY: The Town of Oro Valley Public Works Department, in its fiscal year 2002- 2003 budget, approved the purchase of a street sweeper for the estimated amount of $160,000.00. Through extensive research including on-site demonstrations of sweeping effectiveness, and testimonials from other municipalities, the Town has selected the Tennant Centurion Street Sweeper. The Centurion clearly outperformed its competitors and includes "dry" dust control features not found in other units that guarantee compliance with strict EPA PM-10 air quality regulations. The Town intends to purchase this street sweeper through an existing federal GSA contract. Due to taxes and shipping ( $13,000.00) and other add-ons, such as warning lights and rear-mounted flashing arrows, the total cost of the street sweeper is approximately $22,000.00 over budget. The Operations Division of the Public Works Department proposes to offset these additional costs through savings in other line items identified in the 2002-2003 budget. ATTACHMENTS: 1. Resolution (R) 02-88 2. Quote/Tennant Centurion FISCAL IMPACT: At a cost of$181,929.97, the Tennant Centurion Street Sweeper clearly exceeds the budgeted amount of $160,000.00. The Operations Division has identified a current savings of $15,000.00 from the rollover of an existing $35,000.00 Special Projects contract budgeted for $50,000.00 in 2002-2003. The additional $7,000.00 over budget will be deducted from the street maintenance line item budget. RECOMMENDATIONS OF STAFF: The Department of Public Works recommends the acceptance of the resolution authorizing the Town to purchase a Tennant Centurion Street Sweeper at a cost of$181,929.97. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve Resolution No. (R) 02- 88 , authorizing the Town to purchase a Tennant Centurion Street Sweeper at a cost of$181,929.97. Or 1 move to deny Resolution (R) 02- 88 Scst-c Douglas T. 4 es, P.E., OperVons Manager ZNN William . J nsen, P.E.��'►,4,, Engineer Chuck Sweet, Town Manager RESOLUTION NO. (R) 02- 88 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN TO PURCHASE A TENNANT CENTURION STREET SWEEPER AT A COST OF $181,929.97. WHEREAS, the Town of Oro Valley wishes to purchase equipment that would assist in preservation of the publicly maintained streets; and WHEREAS, the Town of Oro Valley wishes this equipment to be of high quality with options that comply with EPA air quality standards for PM-10, expedite the work and protect the worker; and WHEREAS, the Town Council approves the purchase of a Tennant Centurion Street Sweeper. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Valley, Arizona, that the Town of Oro Valley authorizes the purchase of a Tennant Centurion Street Sweeper at a cost of$181,929.97. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of OCTOBER, 2002. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Dan L. Dudley, Town Attorney Date Date Page 1 QUOTE/ORDER-Model CENTURION 9/16/02 Doug Jones John F Shannon Town Of Oro Valley Tennant Company 680 W.calle Concordia 701 North Lilac Drive Oro Valley,AZ 85737 Minneapolis, MN 55440-1452 800-553-8033 BUILT-IN"TENNANT VALUE"INCLUDES: GMC 17500 Cab Over Chassis(2'Cab Extension) StreetSmartTm Sweeping System 250 hp(185 kW)CAT 3126B HT Turbo Diesel Engine Three in One Operation Dual Steering and Full Instrument both Operator Positions One Touch Controls Tilt and Telescoping Steering Wheel LCD Sweeper Information Screen Center Mounted Console with Pivoting Sweeper Controls In-Cab Main Broom Adjustments Heater and Air Conditioning Twin PTOs and Pumps for Sweeper Air Suspension Seats both Operator Positions Main Broom Dry Dust Control Power Window(passenger side) Gutter Broom Wet Dust Control AM/FM Radio 300 Gallon(1130L)Wet Dust Control System Air Brakes with ABS Conveyor Belt w/High Volume Flights Audio Back-Up Alarm 4.0 yd3(3060 L)Steel Hopper(usable) Allison MD3560P World Transmission-5 Spd Automatic 6.8 yd3(5180 L)Steel Hopper(volumetric) Dual Speed Dana Spicer Rear Axle 10 ft(3.05m)Multi-Level Dump Hopper Chalmers Rear Suspension Polypropylene Spiral Wound Main Brush Righthand Gutter Broom Flat Wire Gutter Broom Quote Request Information EXCLUSIVE FACTORY DIRECT WARRANTY Fax(quote only) 1 YEAR OR 1200 HOURS -PARTS& LABOR 1 Mail(quote,Iit,specs) Fax+Mail SPECIAL Options Call Specials for Impact on Lead Times Primary Use Inside 1 Outside Description Part# Price Each Qty Extended Price Machine Centurion-Dual Gutter Broom -Std Tennant Centurion White (See Note 6) $159,900.00 1 $ 159,900.00 Manuals and Training Materials Operator Manual 330760 N/C 1 N/C Operator Video 396062 N/C 1 N/C Brushes 68"(1730 mm) MAIN SWEEPING BRUSH Polypropylene Spiral Wound 394201 N/C 1 I N/C 44"(1120 mm) RIGHT&LEFT HAND GUTTER BROOM(material nbr includes 5 segments) Flat Wire 394649 N/C 2 1 N/C 1 Marketing Package RightCareT'Installation Pkg-SILVER (See note 1) N/C 1 _ N/C Performance/Productivity Gutter Broom Dry Dust Control-Dual Gutter Broom 396030 $6,400.00 1 $ 6,400.00 Page 2 QUOTE/ORDER-Modes CENTURION 9/16/02 Gutter Broom Speed& Pressure Adjustment(for Single or Dual Gutter Broom) 396028 $500.00 1 $ 500.00 Machine Protection Auto Lube Special $7,200.00 1 $ 7,200.00 Lights Warning Light-Flashing(Two: Cab Mount 396057 $650.00 & Rear Mount with Guards) 1 $ 650.00 Amber Lens Standard N/C 1 N/C Rear Mounted Flashing Arrow Sign 396061 $1,200.00 1 $ 1,200.00 Warranty Ultimate Performance Guarantee 50619 N/C 1 N/C GSA Discount Special $ (6,942.87) 1 $ (6,942.87) Freight $ 3,375.04 1 $ 3,375.04 Subject to all applicable taxes Tax $ 9,647.80 1 $ 9,647.80 MACHINE TOTAL $ 181,929.97 Quote Special Instructions: Terms and Conditions Est. shipment after receipt of order. 3 to 4 weeks.Verify when placing order All orders subject to acceptance by Tennant Company, Minneapolis, Minnesota Prices subject to change without notice. Terms: Net 30 days. Subject to any applicable taxes. Freight: Machines and accessory orders delivered FOB shipping point Frt PPD &Add Parts, supplies, detergents and floor treating material orders delivered FOB shipping point Frt PPD Tennant handles all loss and damage claims on behalf of customers. Page 3 QUOTE/ORDER-Model CENTURION 9/16/02 Order Placement Information: To place your order, fill in PO# and fax to the t Customer Number Cust Grp 3 Bill To Information(Please Verify) Town Of Oro Valley Company 680 W.calle Concordia Address Oro Valley,AZ 85737 Doug Jones Name 520-229-4868 Phone Ship To Information(Please Verify) Town Of Oro Valley Company 680 W.calle Concordia Address Oro Valley,AZ 85737 Doug Jones Name 520-229-4868 Phone Shipping Instructions: Order Special Instructions: Customer Purchase Order No. (please attach copy) Tax Exempt Yes No If Yes, attach a copy of your exemption certificate. Requested Delivery Date Authorized Buyer(please print) Phone Number Authorized Buyer Signature Tennant Company Representative Specialized Maintenance Equipment TENNANT 701 NORTH LILAC DRIVE P.O. BOX 1452 - MINNEAPOLIS, MN 55440-1452 PHONE:800-553-8033•FAX:763-513-2116 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: OCTOBER 2, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Jeff Grant, Human Resources Director SUBJECT: Resolution No (R) 02-89 authorizing the Town Manager to enter into a Joinder Agreement with the Corrections Officer Retirement Plan. SUMMARY: In July 2002 the Town Council approved (R) 02-62 approving the transfer of Oro Valley's Dispatchers to the Corrections Officer Retirement Plan (CORP). While that Resolution satisfies requirements from the ICMA Retirement Corporation to remove our Dispatchers from participation in the 401(a), the Corrections Officer Retirement Plan requires the attached Resolution in order to implement a Joinder Agreement and facilitate the inclusion of the Dispatchers in their program. FISCAL IMPACT: This proposal will not have an immediate or foreseeable negative impact on Town finances. SUGGESTED MOTION: I move to approve Resolution R-02- 89 authorizing the Town Manager to enter into a Joinder Agreement with the Arizona Corrections Officer Retirement Plan on behalf of the full-time Dispatchers of the Town of Oro Valley. Jeff Gra t, Human Resources Director Chuck Sweet, Town Manager RESOLUTION NO. (R) 02 -89 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING THE TOWM MANAGER TO ENTER INTO A JOINDER AGREEMENT WITH THE ARIZONA CORRECTIONS OFFICER RETIREMENT PLAN ON BEHALF OF THE FULL TIME (NORMALLY WORKS 40 OR MORE HOURS PER WEEK) DISPATCHERS OF THE TOWN OF ORO VALLEY. WHEREAS the Corrections Officer Retirement Plan has been created by the State of Arizona in order to provide a uniform, consistent and equitable state-wide program for retirement and other benefits for those eligible full-time (normally works 40 or more hours per week) dispatchers; and WHEREAS, it is deemed in the best interest of the Town of Oro Valley to include all full- time (normally works 40 or more hours per week) dispatchers under the Arizona Corrections Officer Retirement Plan as prescribed in Arizona Revised Statutes, title 38, chapter 5, article 6, as amended; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley that the Town Manager be authorized to enter into a Joinder Agreement with the Arizona Corrections Officer Retirement Plan to be effective on or October 6, 2002. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of OCTOBER , 2002. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney REVISED RESOLUTION FOR ITEM J OCTOBER 2, 2002 RESOLUTION NO. (R) 02 - 89 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING THE TOWN MANAGER TO ENTER INTO A JOINDER AGREEMENT WITH THE ARIZONA CORRECTIONS OFFICER RETIREMENT PLAN ON BEHALF OF THE FULL TIME (NORMALLY WORKS 40 OR MORE HOURS PER WEEK) DISPATCHERS OF THE TOWN OF ORO VALLEY. WHEREAS the Corrections Officer Retirement Plan has been created by the State of Arizona in order top rovide a uniform, consistent and equitable state-wide program for retirement and other benefits for those eligible full-time (normally works 40 or more hours per week) dispatchers; and WHEREAS, it is deemed in the best interest of the Town of Oro Valley to include all full- time (normally works 40 or more hours per week) dispatchers under the Arizona Corrections Officer Retirement Plan as prescribed in Arizona Revised Statutes, title 38, chapter 5, article 6, as amended; and WHEREAS, all eligible dispatch staff deem it in their best interests to make this change; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley that the Town Manager be authorized to enter into a Joinder Agreement with the Arizona Corrections Officer Retirement Plan to be effective on or October 6, 2002. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of October , 2002. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Terry Vosler Building Safety Administrator RESOLUTION NO. (R)02-90 SUBJECT: RESOLUTION DECLARING MODIFICATIONS (APPENDED THERETO AS EXHIBIT A) TO THE UNIFORM ADMINISTRATIVE CODE A PUBLIC RECORD. BACKGROUND: The Town has adopted and currently enforces the 2000 edition of the Uniform Administrative Code. The Uniform Administrative Code contains the fee schedules used calculating permit fees. In order to encourage water conservation, it is being proposed to amend the 1997 Uniform Administrative Code Table 3-D g Plumbin Permit Fees, to waive fees for the installation of grey water recovery systems. Grey water recovery systems will allow home owners to use water collected from showers, bathtubs, lavatory sinks and washing machines for irrigation water. The Plumbing Code adopted by the Town and referenced standards within the Plumbing Code provideinstalled installation guidelines for these systems to ensure the systems are to protect the health and safety of the public. The Arizona Department of Environmental Quality also has rules and statutes that regulate the installation of grey water systems in order to protect the aquifer and the health and ifety of the public. Generally grey water recovery systems are a simple type of collecting, dispersing system that will require very little or inspection plan review time in order to assure healthy & safe installations. The benefit of installing the p systems is decreased use of our valuable and limited water supply. Thep �u ose of the Resolution before you is to declare the modifications attached in Exhibit A, to the Uniform Administrative Code, 1997 edition, with a public record. Three copies of the 1997 Uniform Administrative Code with the attached modifications are and have been on file in the Town Clerks' Office for viewing or reference by the public since 8/28/02. STAFF RECOMMENDATION: Staff recommends that the Mayor and Council approve Resolution (R) 02 - 90 • SUGGESTED MOTION: The Council may wish to consider the following motion: I move to approve Resolution (R) 02- 90 declaring the the modifications attached in Exhibit A, to the Uniform Administrative Code, 1997 edition, with a public record. TOWN OF ORO VALLEY )UNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: Resolution No. (R) 02- 90 With Exhibit A Building afety Administrator Community Development irector ObajSzugtk Town Manager { RESOLUTION NO. (R) 02-90 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT AMENDING THE "UNIFORM ADMINISTRATIVE CODE, 1997 EDITION," REPLACING TABLE 3-D PLUMBING PERMIT FEES, AS ADOPTED BY THE TOWN OF ORO VALLEY BY ORDINANCE NO. (0) 02-12. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, Arizona, that certain document amending the "uniform administrative code, 1997 edition," replacing table 3-D, plumbing permit fees, as adopted by the town of Oro Valley by ordinance no. (o) 02-12 three copies of which is on file in the office of the Town Clerk, is hereby declared to be a public record, and said copy is ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of OCTOBER , 2002. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Public Record Office of the Oro Valley Town Attorney/sib 4.25.2002 EXHIBIT A TOWN OF ORO VALLEY AMENDMENTS TO THE UNIFORM ADMINISTRATIVE CODE 1997 EDITION The following provisions of the Uniform Administrative Code, 1997 Edition, as published by the International Conference of Building Officials, are hereby amended as follows: 1. Delete Table 3-D—PLUIMIBING PERMIT FEES, and replace with Table 3-D— PLUMBING PERMIT FEES (Amended), attached hereto. 1997 UNIFORM ADMINISTRATIVE CODE TABLE 3-D:PLUMBING PERMIT FEES Permit Issuance $23.50 1.For the issuance of each plumbing permit pp 2.For issuing each supplemental permit for which the original permit has not expired,been canceled or finaled 7.25 Unit Fee Schedule (Note:The following do not include permit-issuing fee.) 1.Fixtures and Vents (including drainagepipingand backflow protection For each plumbing fixture or trap or set of fixtures on one trapwater, p 9.80 thereof) 4.75 For repair or alteration of drainage or vent piping,each fixture 2.Sewers,Disposal Systems and Interceptors For each building sewer and each trailer park sewer 24.652 . 5 For each cesspool 37.25 For each private sewage disposal system For each industrial waste pretreatment interceptor,including its trap and vent,excepting kitchen-type grease interceptors functioning as fixture traps 19.909.90 Rainwater systems-per drain(inside building) 3.Water Piping and Water Heaters .75 For installation,alteration,or repair of water piping or water-treating equipment,or both,each 1 44.75 For each water heater including vent For vents only,see Table 3-C. 4.Gas Piping Systems 6.15 For each gas piping system of one to five outlets 1.15 For each additional outlet over five,each 5.Lawn Sprinklers,Vacuum Breakers and Backflow Protection Devices devices thereof 14.80 For each lawn sprinkler system on any one meter,including backflow protection For atmospheric-type vacuum breakers or backflow protection devices not included in Item 1: 12.30 1 to 5 devices 2,25 Over 5 devices,each For each backflow-protection device other than atmospheric-type vacuum breakers: .30 2 inches(50.8 mm)and smaller 12 12.30 Over 2 inches(50.8 mm) 24 6.Swimming Pools For each swimming pool or spa: 91.25 Public pool 60.75 Public spa 60.75 Private pool 30.25 Private spa 7.Miscellaneous For each appliance or piece of equipment regulated by the Plumbing Code but not classed in other appliance categories, . or for which no other fee is listed in this code 9 80 Other Inspections and Fees: $49.50* 1. Inspections outside of normal business hours,per hour(minimum charge-two hours) $49.50* 2. Reinspection fees assessed under provisions of Section 305.8,per inspection a--one-half hour) $49.50* 3.Inspections for which no fee is specifically indicated,per hour(minimum charg for which an initial review has been 4.Additional plan review required by changes,additions or revisions to plans or plansto $49.50* completed(minimum charge-one-half hour) 5. Plumbing permit fees for plumbing work included with a building permit shall assessed at 10% of the building permit fee. 6. RESIDENTIAL GREY WATER RECOVERY SYSTEMS ARE EXEMPT FROM PLUMBING PERMIT FEES. *Or the totalhourly cost to the jurisdiction,whichever is the greatest.This cost shall include supervision,overhead,equipment, hourly wages and fringe benefits of the employees involved. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Sweet, Town Manager SUBJECT: RESOLUTION NO. (R)02- 91 RESOLUTION OF INTENT REGARDING PROPOSED ANNEXATION OF STATE LAND KNOWN AS SECTION 16, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA& SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA SUMMARY: Attached is a Resolution of Intent for submittal to the Arizona State Land Department requesting and stating reasons for annexing certain State Lands known as Section 16, Township 11 South, Range 13 East, Gila& Salt River Meridian, Pima County, Arizona. Approval of the annexation by the Arizona State Land Department must be obtained first prior to the Town beginning the annexation process as outlined in ARS 9-471(A)(1). ATTACHMENTS: 1. Resolution of Intent No. (R)02- 91 2. Map of proposed Annexation Area. 3. General Plan Map. SUGGESTED MOTION: I move to approve Resolution No. (R)02-91 04(1,;4eger - Town Manager RESOLUTION NO. (R)02- 91 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, REQUESTING AND STATING REASONS FOR ANNEXING CERTAIN STATE LANDS KNOWN AS SECTION 16, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA& SALT RIVER MERIDIAN, PIMA COUNTY,ARIZONA WHEREAS, the Town of Oro Valley, Arizona intends to annex that certain property owned by the State of Arizona and located west of and adjacent to the current town boundaries of the Town of Oro Valley, Arizona, and; WHEREAS, the annexation of this certain property owned by the State of Arizona lies within that area known as "State Land, Section 16,"will enable the Town to pursue the gradual squaring off of the Town limits, thus eliminating county islands and peninsulas and yield an identifiable logical boundary for the Town, and; WHEREAS, this proposed annexation will be consistent with the Town's adopted General Plan and Policies and the planning area as identified in the Town's policy for the annexation of unincorporated land. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY,ARIZONA: That, it is determined to be in the best interest of the Town of Oro Valley to pursue annexation of state lands located west of and adjacent to the current town boundaries of the Town of Oro Valley, Arizona in the area commonly known as "State Land, Section 16," and as shown on the attached map marked as "Exhibit A." PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Oro Valley, Arizona this 2nd day of October 2002. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney BOVd )1008 b A gi-irll : 1 !‘la U -11 ".4 1 li 1 : al':zi, O._ il a co c! 1 oz i mi 6.! 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':--1 r**/. 1 1 / 1 2_,i1 i r,it r,,,,i , i,i 1 L-:'.- i, Tr.' ;-,, ,� dif#44 ga ;* e fi/ },{y; ti', ttpll: t °a ST' •fr j / ,'+/IZ.KIF'.- 't:-, j I h ,pry:„...0-m-,;g,,„„,. -,,,,,it ,-4_ __ 1 'F':- ri --i c, 4,-,;r,i,,,,,,,-- ,, .. ,-_-_- . ,,, , % `ik I I krifor 6 H I f' r wdc.cv�r ' £ .:G. - c,.• fiR�".17�.G"Y":E%-ftfidr-"OSS, i , 1,,'4,, ,,,,74 ,,_______ —-r_ ......._._ ,..._._. _._ H 1 w K..rsv,W 1 h -44,,,--7:,/ I-'4",:- ei, ,, , , , , - , .4,-/- , . i il r 1 i , ,...ig ;..,:, ! f" IR MkM6 r t - ,_ 4 fiend Base Case: TOWN OF ORO VALLEY —Urban Growth Boundary(2001) Mixed Use Neighborhood Current General Plan General Plan Update 2020 General Plan Update Variable Area Master Planned Community with Updated Oro Valley Lands Resort/Golf Course Land Use Designations ,,- 'General Plan Update Planning Area : Neighborhood Commercial/Office La Cholla Alma&Planning Area ' Source:This map was made with data ...,......4‘,,y R,r,,,, IIMCommunity/Regional Commercial from ESRI,Oro Vasey,and Pima County. t.....--- ___ ParklForest Commerce t office Park This map is for illustration purposes only; General Plan Update New Designations official interpretations are available from Public/Semi-Public Rural Low Density Residential(0-0.3 DU/AC) Oro Valley Planning&Zoning staff. `--- _ School Scale: r_,*= I Low Density Residential(0A-1.2 DU/AC) Oro Valley GIS Services 1:72.000 ''F'221-1-' National Forest June 25,2002 a Low Density Residential(1.3-2.0 DU/AC) ——` 2 Park J Open Space a 0 0.5 1 ____ Miles 1 v Merteum Density Residential(2.1 5DU/AC} a f,- _� Special Resource Area ' t High Density Residential(5+DU/AC) Undetermined TUU:. 1U/02 15:04 62513zii. hector 41002 fris; : dor O. C ctorO. C. nde N + i .: :,1', �'•X5 ' .l �' .}- Tucson, AZ R737 T { �j TV:-)Pt!: October 2 , 2002 To the Oro Valley Town Councils' I strenuosly object to the attempt of the Town to annex State Land section 16. This land is being considered by Pima County as a part of the Tortolita Mountain Park and is the object of an API to keep it as open space. If it gets annexed it most probably will he sold to developers to build houses on the property. The town loses income with this kind of development, because state shared revenues trail maintenance costs. Town maintenance - water pumping to a higher elevation, steep roads, and remote polices services-are higher in this location than for the rest of the Town. Please, reconsider the proposed request. dlei-2747/1(/ 2 6W,e4e4EL Hector Conde, Director Oro Valley Neighborhood Coalition TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 02, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: Presentation by Northern Pima County Chamber of Commerce of the Chamber's Resolution of Support for the Town's current annexations SUMMARY: Jerry Bustamante, Executive Director of the Northern Pima County Chamber of Commerce will attend the Town Council meeting to present the Chamber's Resolution of Support for the Town's current annexation efforts. ATTACHMENTS: Resolution of Support by the Northern Pima County Chamber of Commerce. SUGGESTED MOTION: No action required. Scott N- .•- , ' •ecial Projects •oordinator i Town Manager NORTNIRN PIMA COUNTY CNAIIB[R- 01 (QMNFRtC September 26, 2002 The Honorable Paul Loomis Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ Dear Mayor Loomis, The Northern Pima County Chamber of Commerce would like to express its support of the annexation efforts by the Town of Oro Valley. The Chamber of Commerce encourages members of real and personal property in the proposed areas to sign petitions in favor of theses annexations, and to encourage others to do the same. The Chamber believes that the economic climate will be enhanced for all businesses and residents in these areas, as more resources will be returned to the area in the form of state revenue sharing dollars. These resources will be of benefit to all in the form of increased police protection, quality development standards and a favorable economic perspective toward business, which balances the needs of the citizenry and private industry. The Northern Pima County Chamber of Commerce and the Town of Oro Valley have enjoyed a successful and long-standing relationship that focuses on creating a positive atmosphere for businesses, these annexations will enhance that atmosphere. Best regar• or 11041U Jerry ��W .mante, Executive Director Northern Pima County Chamber of Commerce �` 911.111) 19100l it's 600d dor BusIness 200 West Magee Road, Suite 110 - Tucson,Arizona 85104 - 510/191-1191 phone - 5201141-1960 fax - www.the-chamber.com amt.. TOWN OF ORO VALLEY 3 . COUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: John Zukas, Transit Services Administrator SUBJ: Resolution Number (R)02- 92 , Authorization of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration (FTA) funds to purchase four(4)replacement vans for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run and computer hardware in support of Coyote Run. SUMMARY: The attached Intergovernmental Agreement will facilitate the "pass-through" of Federal Transit Administration (FTA) funds from the City of Tucson (the region's designated FTA recipient) to the Town of Oro Valley (subrecipient). a) The Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley is necessary to facilitate the purchase of four (4) replacement vans for the Town of Oro Valley's Transit Service for Elderly and Disabled Residents — Coyote Run. Reimbursement for expenditures shall be 80 percent of the total eligible cost of $225,000, or a federal share equal to $85,600. The Town of Oro Valley's local share required is $45,000 for this project. b) The Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley is necessary to facilitate the purchase of needed computer hardware in support of Coyote Run. Reimbursement for expenditures shall be 80 percent of the total eligible cost of $15,000 or a federal share equal to $12,000. The Town of Oro Valley's local share required is $3,000 for this project. Pursuant to federal legislation, the FTA designates only one "designated recipient" per Transportation Management Area. The City of Tucson is the "designated recipient" of FTA funds for our area. As part of being the FTA's "designated recipient", the City of Tucson is obligated to coordinate with all other eligible applicants within the Transportation Management Area. In our region, this coordination initially consists of entering into an Intergovernmental Agreement (IGA) between the City of Tucson and the Town of Oro Valley. This IGA is setting the expectations of both parties in regards to the submission,transmittal and management of FTA funds. PROJECT OVERVIEW: Since October 1996 the Town of Oro Valley has owned and operated a transit service for elderly and disabled residents — Coyote Run. Coyote Run currently has a fleet of six (6) vehicles, providing approximately 55-75 trips per day. Due to the long trip distances, vehicle miles traveled are excessive and older vehicles need to be replaced. FISCAL IMPACT: The total eligible cost for the replacement of four (4) Coyote Run vehicles is $225,000. The Town of Oro Valley will be reimbursed 80% of the total, or a federal share equal to $180,000. Therefore,the Town of Oro Valley's cost (local match) is $45,000. Local matching funds in the amount of$45,000 will come from the Town's share of Local Transportation Assistance Funds (LTAF).No General Fund money will be used per this grant. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 FISCAL IMPACT (CONTINUED): The total eligible cost for computer hardware in support of Coyote Run is $15,000. The Town of Oro Valley will be reimbursed 80% of the total, or a federal share equal to $12,000. Therefore, the Town of Oro Valley's cost (local match) is $3,000. Local matching funds in the amount of$45,000 will come from the Town's share of Local Transportation Assistance Funds (LTAF).No General Fund money will be used per this grant. ATTACHMENTS: 1) One (1) copy of Resolution Number (R)02- 92 , Authorization of the Execution of an IGA between the Town of Oro Valley and the City of Tucson to utilize Federal Transit Administration Funds 2) T-4e,:et--(1) of the IGA between the City of Tucson and the Town of Oro Valley for the purpose of utilizing Federal Transit Administration (FTA) funds for the purchase of four (4) replacement vans for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run and computer hardware in support of Coyote Run. (Exhibit A) 3) One (1) copy of the Federal Transit Administration Master Agreement(Exhibit B) RECOMMENDATIONS: It is the recommendation of the Transit Services Administrator to approve Resolution No. (R)02-92 , thus executing the Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration (FTA) funds to purchase four (4) replacement vans for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run and computer hardware in support of Coyote Run. SUGGESTED MOTION: I move to approve Resolution No. (R)02- 92 Authorization of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration (FTA) funds to purchase four (4) replacement vans for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run and computer hardware in support of Coyote Run. OR I move to deny Resolution No. (R)02- 92 , Authorization of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration(FTA) funds to purchase four(4) replacement vans for Oro Valley's Transit Service for Elderly and Disabled Residents- Coyote Run and computer hardware in support of Coyote Run. Transit Se ices inistrator P : is Works t', ector Ai f1. own Man.: RESOLUTION NO. (R) 02- 92 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON TO UTILIZE FEDERAL TRANSIT ADMINISTRATION FUNDS. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter into and or renew an Intergovernmental Agreement for joint and cooperative action with City of Tucson to utilize funds for the replacement of four (4) "Coyote Run" vans and computer hardware to support"Coyote Run"; and WHEREAS, p ursuant to ARS § 9-511(A), the Town may engage in any business or enterprise which may be engaged in by persons by virtue of a franchise from the municipal corporation; and WHEREAS, pursuant to ARS § 9-500.11, the Town may appropriate and spend monies on activities that will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of the residents of the Town; and WHEREAS, pursuant to 49 U.S.C. 5309 and 49 U.S.C. 5312, formally known as the Federal Transit Act of 1964, as amended, the Federal Transit Administration makes financial aid available to municipalities and local units of government showing substantial effort toward the preservation, improvement, and operation of mass transit systems; and WHEREAS, pursuant to such federal regulation, the Federal Transit Administration designates only one "designated recipient" per Transportation Management Area, which is the City of Tucson, and in turn the City is obligated to coordinate with all applicants of the grant monies; and WHEREAS, the Town applied for a Federal Transit Administration grant for capital assistance for the purchase of replacement of four (4) "Coyote Run" vans, and computer hardware to support"Coyote Run"; and WHEREAS, the Town will be reimbursed 80% of the total eligible cost for expenditures for the replacement of four (4) "Coyote Run" vans, and computer hardware to support "Coyote Run", provided these projects are completed and the request for reimbursement is made within thirty (30) months of the grant award by the Federal Transit Administration; and EAS it has been determined that it is in the best interest of the Town and its residents to WHEREAS, renew the Intergovernmental Agreement with the City of Tucson, for the utilization of Federal g g Transit Administration funds; and WHEREAS, the approval of the execution of the Intergovernmental Agreement, attached hereto "A" and incorporated herein by this reference, will further this goal and is hereby as Exhibiti`p determined to be in furtherance of the public health, safety, and welfare of the residents of the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Arizona, that the Intergovernmental Agreement , attached hereto as Exhibit "A" and Valley, g incorporated herein bythis reference, by and between the Town of Oro Valley, Arizona, and the a City of Tucson, Arizona, to utilize Federal Transit Administration funds for the replacement of four (4) "Coyote Run" vans, and computer hardware to support "Coyote Run", is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2nd day of OCTOBER , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney EXHIBIT A INTERGOVERNMENTAL AGREEMENT INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY This Agreement made and entered into by and between the CITY OF TUCSON, a municipal corporation, hereinafter referred to as "Tucson" and the TOWN OF ORO VALLEY, hereinafter referred to as "Oro Valley". WITNESSETH WHEREAS, the Mayor and Council of Tucson, is authorized and empowered by provisions of the City Charter to execute contracts; and, WHEREAS, Tucson has broad Charter authority and Oro Valley has statutory authority to engage in all of the activities and endeavors allowed under the laws of the State of Arizona and to enter into intergovernmental agreements [A.R.S. Section 11-951, et seq.]; and, WHEREAS, the laws of the State of Arizona authorize municipalities to: (1) "engage in any business or enterprise which may be engaged in by persons by virtue of a franchise from the municipal corporation, . . . " [A.R.S. Section 9-511 (a)]; (2) to "appropriate and spend public monies" on activities that "will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of (its) inhabitants. . ." [A.R.S. Section 9-500.11]; and, (3) to "be vested with all of the powers of incorporated towns as set forth in Title 9, in addition to all powers vested in them pursuant to their respective charters or other provisions of law. . ." [A.R.S. Section 9-400.01]; and, WHEREAS, Chapter 53 of 49 United States Code (formerly the Federal Transit Act of 1964, as amended), makes financial aid available to municipalities and local units of government showing a substantial effort toward the preservation, improvement and operation of mass transit systems; and, 1 WHEREAS, Tucson did apply for a Federal Transit Administration (FTA) grant for capital assistance from FTA under project Az-90-X062 as the designated recipient and Oro Valley as a subrecipient; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Payment and Billing. Tucson agrees to reimburse Oro Valley from proceeds of the FTA Grant for the federal share of the following projects: A. Purchase of four (4) replacement vans for the Oro Valley Shuttle Service (Coyote Run), Reimbursement for expenditures shall be 80.0 percent of the total eligible costs of$225,000 or a federal share equal to $180,000. These funds will be utilized to purchase vans to be used for paratransit services. Reimbursement shall not exceed the federal funds allocated to Oro Valley, unless approved in writing by Tucson. Oro Valley shall provide the required local match of $45,000 for this project. B. Purchase of Computer Hardware in support of the Oro Valley Shuttle Service (Coyote Run). Reimbursement for expenditures shall be 80.0 percent of total eligible costs of $15,000 or a federal share equal to $12,000. Reimbursement shall not exceed the federal funds allocated to Oro Valley unless approved in writing by Tucson. Oro Valley shall provide the required match of $3,000 for this project. C. No reimbursements shall be made unless all required reports have been submitted as outlined in 3 below. 2. Term. To be eligible for reimbursement, projects must be completed and reimbursement must be requested within thirty (30) months of the grant award by the Federal Transit Administration. Funding for uncompleted or unbilled projects will be reassigned at the discretion of Tucson, as needed to close out the grant. This 2 Agreement shall take effect when filed with the County Recorder and shall remain in effect for three (3) years.' 3. Reports. Oro Valley agrees to submit reports and statements or plans as required by Tucson or the FTA. Quarterlyreports are due on or before the 15th of the month following the end of the quarter, i.e., October 15, January 15, April 15 and July 15; and annual reports are due ninety (90) days (except NTD Report which shall be due 150 days) after the end of the fiscal year (July 1 — June 30). Drug and Alcohol Reports are due January 31 for the previous calendar year. REPORT FREQUENCY DESCRIPTION DBE Report Quarterly Utilization of Disadvantaged Business Enterprise (DBE) _ Grant Status Report Quarterly Status of each project by grant number NTD Report Annually Copy for information only Fixed Assets Status Report Annually Inventory of all FTA funded assets Single Audit Report Annually Copy of federally required audit Drug and Alcohol Reports Annually FTA Drug and Alcohol Testing The reports and required submissions listed above may be revised, reorganized, deleted or changed as required by FTA guidelines. All reports must be current before any FTA funds will be disbursed by Tucson. 4. Records. Oro valley agrees to permit the authorized representatives of Tucson, the United States Department of Transportation, and the Controller General of the United States to inspect and audit all data and records relating to this Agreement. All required records shall be maintained for a minimum of three (3) years, after the grant has been formally closed. 5. Both parties warrant that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and, further, that no member or delegate to Congress, the 3 • Cit Council or anyemployee of Tucson or Oro Valley has an interest, financial or City otherwise, in this Agreement. 6. Oro Valley shall fully comply with the Disadvantaged Business Enterprise (DBE) Regulations of the U.S. Department of Transportation (USDOT), 49 CFT Part 26. Oro Valleyfully shall comply with the FTA-approved goal and program submitted annually by the recipient on behalf of the region. The Civil Rights Officer of Tucson and representative(s) of the City of Tucson Equal Opportunity office will meet annually with Oro Valley to cooperatively determine DBE participation for all FTA assisted projects. 7. Inp erforming the services for which federal funding is provided under this Agreement, Oro Valley agrees to comply with all laws, rules, regulations, standards, orders or directives (hereinafter "Laws") applicable to this Agreement, to the services provided pursuant to this Agreement, and to Tucson as the designated recipient of FTA funding. The laws referred to above include federal, state and local laws. 8. Oro Valley understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986 (IRCA) and agrees to comply with the IRCA in the performance of this Agreement. 9. The parties acknowledge that federal funds are being used for the work, services and/or operations provided under this Agreement. In that regard the Tucson, as the designated grant recipient, is obligated to accept and comply with all of the terms and conditions set forth in the Federal Transit Administration (FTA) Master Grant Agreement. In order for Oro Valley to receive funding under this Agreement with Tucson, Oro Valley is required to similarly accept and comply with all such terms and conditions and Oro Valley does hereby specifically agree to be bound thereby. The Master Grant Agreement in effect for/FY 2003 and any subsequent revisions are, by this reference, incorporated herein 4 and are attached hereto as Exhibit "A". Oro Valley is solely responsible for complying with all of the terms and conditions of the Master Grant Agreement and any subsequent revisions whether or not they are set forth in Exhibit "A". 10. Certifications and Assurances. Oro Valley agrees to comply with applicable requirements of Categories I —XII listed below, as references in Federal RegisterNol. 64. No. 208/Thursday, October 28, 1999/Notices (pages 58266 through 58274): I. Certifications and Assurances required of each applicant II. Lobbying Certification III. Certification pertaining to Effects on Private Mass Transportation Companies IV. Public Hearing Certification for a project with substantial impacts V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification VII. Charter Service Agreement VIII. School Transportation Agreement IX. Certification for Demand Responsive Service X. Substance Abuse Certifications XI. Certification required for Interest and Other financing costs XII. Certifications and Assurances for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program 11. Conflicts of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by either party pursuant to the provisions of A.R.S. Section 38-511. 5 This Agreement shall be in full force and effect upon approval of the Mayor and Council of the City of Tucson and the TOWN OF ORO VALLEY, when executed by the duly authorized officials and when filed with the County Recorder pursuant to A.R.S. Section 11- 952(G). 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on CITY OF TUCSON, ARIZONA By: Robert E. Walkup, Mayor ATTEST: Kathleen S. Detrick, City Clerk City of Tucson APPROVED AS TO FORM: City Attorney — City of Tucson 7 APPROVED BY THE TOWN OF ORO VALLEY MAYOR AND COUNCIL BY FORMAL ACTION ON ORO VALLEY, ARIZONA By: Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Town of Oro Valley APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Town of Oro Valley 8 INTERGOVERNMENTAL AGREEMENT DETERMINATION In Accordance with the requirements of Section 11-952(D), Arizona Revised Statutes, each of the undersigned attorneys acknowledge: (1) that they have reviewed the above Agreement on behalf of their respective clients; and, (2) that, as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Attorney for CITY OF TUCSON Attorney for the TOWN OF ORO VALLEY 9 MtSTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html EXHIBIT B . , . .4 ' l :• ---- •° ‘.! r'Lle,1:11: " _...._........... .;� Departmentat . • I �United States �spa�r� ,. ,. ........ ... I0K4/Sil:P rOSEPCH s", lifOcwais " �� ;: 1,r I''!'' t'•f�:' %yf'�t�!'�•!.f''4` jOLflvK • UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION • • FEDERAL TRANSIT ADMINISTRATION • • MASTER AGREEMENT For Federal Transit Administration Agreements authorized by 49 U.S.C. §§ 5301 et seq., Title 23,U.S.C. (Highways), iStm 5• • sr;Ott k.`44,0 the National Capital Transportation Act of 1969, as amended, t.'%fir `'' »s'%;y;�.•"fix: the Transportation Equity Act for the 21st Century, 23 U.S.C. § 101 note, :.S or other Federal enabling legislation FTA MA(8) • October 1, 2001 htt ://www.fta.dot.gov/library/legal/agreements/2002/ma•html] � p TABLE OF CONTENTS Section 1. Definitions. 8 Section 2. Project Implementation. 11 a. General Requirements. 11 b. U.S. DOT Administrative Requirements. 11 c. Application of Federal, State, and Local Laws and Regulations. 12 d. Recipient's Primary Responsibility to Comply with Federal Requirements. 12. 4111 MI A•AS pl MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreerpemts/2002/N.html e. Recipient's Responsibility to Extend Federal Requirements to Other Entities. 13 f. No Federal Government Obligations to Third Parties. 14 g. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or Litigation). 14 Section 3. Ethics. 14 • a. Code of Ethics. 14 b. Debarment and Suspension. 15 c. Bonus or Commission. .15 d. Lobbying Restrictions. 15 e. Employee Political Activity 16 f. False or Fraudulent Statements or Claims. 16 Section 4. Federal Financial Assistance. 16 a. "Net Project Cost." 16 b. Other Basis for FTA Participation. 17 Section 5. Local Share. 17 a. Restrictions on the Source of the Local Share. 17 b. Duty to Obtain the Local Share. 17 c. Calculation of the Local Share. 17 d. Reduction of the Local Share. 17 Section 6. Approved Project Budget. 17 Section 7. Accounting Records. 18 a. Project Accounts. 18 b. Funds Received or Made Available for the Project. 18 c. Documentation of Project Costs and Program Income. 18 d. Checks, Orders, and Vouchers. 18 Section 8. Reporting, Record Retention, and Access. 18 a. Types of Reports. 18 b. Format Requirements for Reports. 18 c. Record Retention. 19 d. Access to Records of Recipients and Subrecipients. 19 • e. Project Closeout. 19 Section 9. Payments. 19 a. Recipient's Request for Payment. 19 b. Payment by FTA. 20 c. Costs Reimbursed 21 d. Bond Interest and Other Financing Costs. 22 e. Excluded Costs. 23 f. Federal Claims, Excess Payments, and Disallowed Costs, including Interest. 23 g. De-obligation of Funds. 24 Section 10. Project Completion, Audit, Settlement, and Closeout. 24 a. Project Completion. 24 b. Audit of Recipients. 25 c. Funds Due the Federal Government. 25 d. Project Closeout. 25 Section 11. Right of the Federal Government to Terminate. 25 2 of 48 8/23/02 4:45 PM http://www.fta. ov/libr /le al/a MASTER AGREEMENT 2002 tP� g �' g greements/2002/ma.html Section 12. Civil Rights. 26 a. Nondiscrimination in Federal Transit Programs. 26 b. Nondiscrimination -- Title VI of the Civil Rights Act. 26 c. Equal Employment Opportunity. 26 q d. Disadvantaged Business Enterprise. 27 e. Nondiscrimination on the Basis of Sex. 27 f. Nondiscrimination on the Basis of Age. 27 g. Access Requirements for Persons with Disabilities. 28 h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. 29 i. Access to Services for Persons with Limited English Proficiency 29 j. Other Nondiscrimination Statutes. 29 Section 13. Planning and Private Enterprise. 29 a. FTA Requirements. 29 b. Governmental and Private Nonprofit Providers of Nonemergency Transportation. 29 c. Infrastructure Investment. 29 Section 14. Preference for United States Products and Services. 30 a. Buy America. 30 b. Cargo Preference--Use of United States-Flag Vessels. 30 c. Fly America. 30 Section 15. Procurement. 30 a. Federal Standards. 30 b. Project Approval/Third Party Contract Approval. 30 c. FTA Technical Review. 30 d. Exclusionary or Discriminatory Specifications. 31 e. Bus Seat Specifications. 31 f. Clean Air and Clean Water. 31 g. Preference for Recycled Products. 31 h. Geographic Restrictions. 31 i. Architectural, Engineering, Design, or Related Services. 31 j. Force Account. 32 k. Award to Other than the Lowest Bidder. 32 1. Rolling Stock. 32 m.Bonding. 32 n. Notification of Federal Participation. 32 o. Access to Third Party Contract Records. 32 p. National Intelligent Transportation Systems Architecture and Standards. 33 • q. Federal Supply Schedules. 33 r. Neutrality in Labor Relations 33 Section 16. Leases. 33 a. Capital Leases. 33 _ b. Leases Involving Certificates of Participation. 33 c. Cross-Border Leases. 33 Section 17. Patent Rights. 33 a. General. 33 n/i►A//.P. • I r Tl MASTER AGREEMENT 2002 http://www.fta.dot.gov/library'/legal/agreements/2002/I a.htm- b. Federal Rights. 34 Section 18. Rights in Data and Copyrights. 34 a. Definition. 34 b. Federal Restrictions. 34 c. Federal Rights in Data and Copyrights. 34 d. Special Federal Rights in Data for Research, Development, Demonstration, and Special Studies (Planning) J Projects. 35 e. Hold Harmless. 35 f. Restrictions on Access to Patent Rights. 35 g. Data Developed Without Federal Funding or Support. 35 h. Statutory Requirements to Release Data. 36 Section 19. Use of Real Property, Equipment, and Supplies. 36 a. Use of Project Property. 36 b. General Federal Requirements. 36 c. Maintenance. 36 d. Records. 36 e. Encumbrance of Project Property. 37 f Transfer of Project Property. 37 g. Disposition.of Project Property. . 37 h. Transportation- Hazardous Materials. 39 i. Misused or Damaged Project Property. 39 j. Obligations After Project Closeout. 39 Section 20. Insurance. 39 a. Minimum Requirements. 39 b. Flood Hazards. 39 Section 21. Relocation. 39 a. Relocation Protections. 39 b. Nondiscrimination in Housing. 40 c. Prohibition Against Use of Lead-Based Paint. 40 Section 22. Real Property. 40 a. Land Acquisition. _ 40 b. Covenant Assuring Nondiscrimination. 40 c. Recording Title of Real Property. 40 d. FTA Approval of Changes in Real Property Ownership. 40 Section 23. Construction. 40 a. Drafting, Review, and Approval of Construction Plans and Specifications. 40 b. Supervision of Construction. 40 c. Construction Reports. 41 d. Project Management for Major Capital Projects. 41 e. Seismic Safety. 41 Section 24. Employee Protections. 41 a. Construction Activities. 41 b. Activities Not Involving Construction. 41 c. State and Local Government Employees. 42 A o,'1 iry 1 A.A C 1711 ht //www.fta.dot. ov/libra /le al/a MASTER AvR�EEMENT 2b02 tP� g �' g greements/2002/ma.htr] d. Transit Employee Protective Arrangements. 42 Section 25. Environmental Requirements. 43 a. Environmental Protection. 43 b. Air Quality. 43 c. Clean Water. 44 d. Use of Public Lands. 44 e. Wild and Scenic Rivers. 44 f. Coastal Zone Management. 44 g. Wetlands. 44 h. Floodplains. 44 i. Endangered Species. 45 J Historic Preservation. 45 k. Environmental Justice. 45 1. Mitigation of Adverse Environmental Effects. 45 Section 26. Energy Conservation. 45 Section 27. State Management and Monitoring Systems. 46 Section 28. Charter Service Operations. 46 Section 29. School Transportation Operations. 46 Section 30. Metric System. 46 Section 31. Substance Abuse. 46 a. Drug-Free Workplace. 46 g p - . b. Alcohol Misuse and Drug Use. 47 Section 32. State Safety Oversight ht of Rail Fixed Guideway Public Systems. 47 Section 33. Seat Belt Use 47 Section 34. Special Requirements for Urbanized Area Formula Projects. 47 a. Fares and Services. 47 b. Audit Requirements. 47 c. Half-Fare Requirements. 47 d. Procurement of an Associated Capital Maintenance Product. 47 e. Transit Security. 48 f. Restrictions on the Use of Formula Assistance for Operations. 48 • g. Reporting Requirements. 48 h. Criminal Sanctions. 48 Special Requirements for Elderly and Persons with Disabilities Formula Section 35. 48 Projects. a. Eligible Subrecipients. 48 g p b. State Procedures. 49 c. J Eligible Project Activities. 49 g d. Transfer of Assets. 49 Section 36. Special Requirements for Nonurbanized Area Formula Projects. 49 a. State Procedures. 49 b. J Eligible Project Activities. 49 g c. Transfer of Assets. 49 d. Restrictions on the Use of Formula Assistance for Operations. 49 o i^)!nom A.A c t)1 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/1 egal/agree►ments/2002/na.htm e. Intercity Transportation. 50 Section 37. Special Requirements for Clean Fuels Formula Projects.o�ects. 50 a. General Requirements. 50 b. Requirements to Use Clean Fuels. 50 c. Limitations on the Use of Funds. 50 SectionSpecial Requirements for Research, Development, Demonstration, and Special 38. p 50 Studies (Planning) Projects. a. Project Report. 50 b. Project Identification. 50 c. Protection of Human Subjects. 51 d. Protection of Animals. 51 e. Export Control. 51 Section 39. Special Requirements for Job Access and Reverse Commute Grant Projects. � 51 a. General Requirements. 51 b. Restrictions on the Use of Grant Funds. 51 Section 40. Special Requirements for Over-the-Road Bus Accessibility ' Projects. 51 a. General Requirements 52 b. Special Requirements. 52 c. FTA Notice. 52 Section 41. Special Requirements for State Infrastructure BankProjects.Prod ects. 52 a. General Requirements. 52 b. Limitations on Accessing Federal Assistance in the Transit Account.t 52 c. Latest Requirements Apply. 52 Section 42. Special Requirements for TIFIA Projects 53 Section 43. Disputes,Breaches, Defaults, or Other Litigation. •g 53 a. Notification to FTA. 53 , b. Federal Interest in Recovery. 53 c. Enforcement. 53 d. FTA Concurrence. 53 e. Alternative Dispute Resolution. 53 Section 44. Amendments to the Project. 53 Section 45. FTA's Electronic Award and Management ement S stem. g Y 54 Section 46. Information Obtained Through Internet Links. 54 Section 47. Severability. 54 UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT Thisis the official Master Agreement containing standard terms and conditions governing the administration of a Project supported with Federal assistance awarded by the Federal Transit Administration (FTA) through a Grant Agreement or Cooperative Agreement with the Recipient, or p � n inn 111" • •r T1 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html supported through a loan, loan guarantee, or line of credit provided by FTA. This Master Agreement pp applies to Federal assistance authorized by Federal transit laws codified at 49 U.S.C. §§ 5301 et seq.; Title 23, United States code or the Transportation Equity Act for the 21st Century, Pub. (Highways); L. 105-178, June 9, 1998, 23 U.S.C. § 101 note, amended by the TEA-21 Restoration Act, Pub. L., 105-206, July 22, 1998, 23 U.S.C. § 101 note, other amendments to TEA-21, or other Federal enabling legislation administered by FTA. FTA and the Recipient understand and agree that not every provision of this Master Agreement will apply to every Recipient or every Project for which FTA provides Federal financial assistance through a Grant Agreement or Cooperative Agreement. The type of Project and the section of the g statute authorizing financial assistance for the Project will determine which requirements apply. Nevertheless, the Recipient understands and agrees that it must comply with all applicable laws, regulations, and requirements. Any violation of a requirement applicable to the Recipient or its Project may result in penalties to the violating party; requirements that do not apply will not be enforced. This Master Agreement has no expiration date. Nevertheless, the provisions of this Master Agreement may be modified or superseded by subsequent Federal requirements or Grant Agreements, Cooperative Agreements, or Master Agreements. Thus, in consideration of the mutual covenants, promises, and representations herein, FTA and the Recipient agree as follows: Top Section 1. Definitions. a. Application means the signed and dated request for Federal financial assistance, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with and accepted or approved by the FTA by or on behalf of the Recipient. b. Approval, Authorization, Concurrence, Waiver means a conscious written statement (transmitted electronically or in hard copy)by a Federal Government official authorized to permit the Recipient to perform or omit an action required by this Grant Agreement or Cooperative Agreement, which action may not be performed or omitted without such permission. Unless clearly stated otherwise, an approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. Oral permissions or interpretations have no legal force or'effect. c. Approved Project Budget means the most recent statement, approved by the FTA, of the costs of the Project, the maximum amount of Federal assistance for which the Recipient is currently eligible, the specific tasks (including specified contingencies) covered, and the estimated cost of each task. As used in the "Approved Project Budget," the term "Scopes" means categories and the term "Scope Level Codes" means category codes. Although "Scopes" and "Scope Level Codes" generally indicate the type of activities encompassed by the Project, the data listed under "Scopes" and "Scope Level Codes" (for example, quantities and time periods for operating assistance) do not necessarily reflect, and are not intended to be treated as, prima facie evidence of the precise limits or boundaries of a Project, unless stated otherwise. Consequently, the data listed under "Scopes" and "Scope Level Codes" will not always constitute the precise legal parameters of the scope of the Project. FTA reserves the right to consider other information in determining the "Scope of the Project" when that term is used for legal purposes. . o i'r/iv).A.A c D1 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/a eem�ei is/2002/ma h � tm1 d. Cooperative Agreement means the instrument by which FTA awards Federal assistance to a specific Recipient to support a particular Project in which FTA takes an active role or retains substantial control, in accordance with the requirements of 31 U.S.C. § 63 05. The Cooperative Agreement consists of the FTA Award establishing the specific parameters of the Project, an Execution statement signed by the Recipient, and may include other Special Conditions or Requirements. P q irements. This Master Agreement is incorporated by reference and madeart of the Cooperative Agreement. P p e. Federal Government means the United States of America and any executive department or a agency thereof. g f. Federal Transit Administration also designates the former Urban Mass Transportation Administration. Any reference in any law, map, regulation, document, pap er, or other record of the United States to the Urban Mass Transportation Administration is deemed a reference to the Federal Transit Administration. g. Federal Transit Administrator also designates the former Urban Mass Transportation Administrator. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administrator is deemed a reference to the Federal Transit Administrator. h. FTA is the acronym for the Federal Transit Administration, an operating administration of the U.S. Department of Transportation (U.S. DOT). FTA replaces the acronym UMTA. i. FTA Directive includes any FTA circular, notice, order, or guidance providing information rmation about FTA's programs, application processing procedures, Project management guidelines, or other similar matters. In addition, certain U.S. DOT directives also apply to the Project. j. Grant Agreement means the instrument by which FTA awards Federal assistance to a specific Recipient to support a particular Project in which FTA does not take an active role or retain substantial control, in accordance with the requirements of 31 U.S.C. § 6304. The Grant Agreement consists of the FTA Award establishing the specific parameters of the Project, an Execution statement signed by the Recipient, and may include other Special Conditions or Requirements. This Master Agreement is incorporated by reference and made part of the Grant Agreement. k. Local Government includes a public transit authority as well as a county, municipality, city, town, township, special district, council of governments (whether or not incorporated as arivate nonprofit P p organization under State law), regional or interstate government entity, or any agency or instrumentality thereof 1. Project means the activity or activities (task or tasks) listed in Project Pp Description, the Approved p Project Budget, and any modifications stated in the Conditions to the Grant Agreement or Cooperative Agreement applicable to the Project. With respect to the urbanized area formula program at 49 U.S.C. § 5307, the elderly and persons with disabilities formula program at 49 U.S.C. § 5310, and the nonurbanized area formula program, at 49 U.S.C. § 5311. The term "Project" encompasses both "Program" and "each Project within the Program," as the context may require. For purposes of legal interpretation and other matters, FTA reserves the right to consider information apart from data listed under "Scopes" and "Scope Level Codes" of the "Approved Project Budget" to g determine what constitutes the Scope of the Project. In connection with a loan, loan guarantee, or line of credit financed with Federal assistance authorized for the Transportation Infrastructure Finance and Innovation Act of 1998, as amended, 23 U.S.C. §§ 181 et seq., "Project" means the transportation activities financed by that loan, loan guarantee, or line of credit. of 48 R/91/n7 4-45 PM MASTER AGREEMENT 2002 http://www.fta.dot.govilibrary/legaliagreements/2002/ma.html m. Recipient means the entity that receives Federal assistance directly from FTA to support the Project. The term "Recipient" includes each FTA "Grantee" as well as each FTA Recipient of a CooperativeAgreement.A eement. Except as FTA permits otherwise, the Recipient is the entire legal entity - . even if onlya single organization within that entity is designated as the Recipient in the Grant Agreement or Cooperative Agreement. Unless expressly stated otherwise, in the case of a Recipient that is a consortium, partnership, or similar multi-party entity, each participant in,member of, or partyto that consortium, partnership, or multi-party entity is treated as a "Recipient" for purposes of compliance with applicable requirements of this Grant Agreement or Cooperative Agreement. n. Secretary means the U.S. DOT Secretary, including his or her duly authorized designee. o. Subagreement means an agreement through which a Recipient awards financial assistance derived from FTA to the subrecipient as defined in Subsection 1.p of this Master Agreement below. The term "subagreement" also includes the term "subgrant," but does not include the term "third party subcontract." pp _ Subrecipient means any entity that receives Federal assistance awarded by a FTA Recipient, rather than FTA directly. The term "subrecipient" also includes the term "subgrantee," but does not include "thirdp arty contractor" or "third party subcontractor." q. Third PartyContract means a contract or purchase order awarded by the Recipient or subrecipient to a vendor or contractor, financed in whole or in part with Federal assistance awarded by FTA. r. Third Party Subcontract means a subcontract at any tier entered into by the third party,contractor or thirdart subcontractor, financed in whole or in part with Federal assistance originally derived from p Y FTA. means transportation bya conveyance, either publicly or privately owned, that provides s. Transit p Y � p public regular and continuinggeneral or special transportation to the public,but does not include school bus, charter, or sightseeing transportation. The term "transit" also includes "mass transportation" and "public transportation." t. U.S. DOT is the acronym for the United States Department of Transportation, including its operating administrations. Top Section 2. Project Implementation. a. General Requirements. The Recipient agrees to carry out the Project as follows: (1) Project Description. The "Project Description" in the FTA Award section of the Grant Agreement or Cooperative Agreement describes the Project or Projects to be funded by that Grant Agreement or • • Cooperative Agreement. Effective Date. U on full Execution of the Grant Agreement, Cooperative Agreement, or any (2) p Amendment thereto by the Recipient, the effective date of that Grant Agreement, Cooperative Agreement, or Amendment is the date on which the FTA's Authorized Official signs the Award for that Grant Agreement, Cooperative Agreement, or Amendment. The Recipient agrees to commence Project work promptly after receiving notice of Project approval. A.A r T11 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/le al/a eemehts/2 g � 002/Iim.htrn (3) Recipient's Capacity. The Recipient agrees to maintain or acquire sufficient legal, financial, g technical, and managerial capacity to plan, manage, and complete the Project, andprovide for the use of Project facilities and equipment, to comply with the terms of the Grant Agreement or Cooperative operative Agreement, the Approved Project Budget, the Project schedules, the Recipient's annual certifications ations and assurances to FTA, and all applicable Federal laws, executive orders, regulations, ub 11 � g � directives, and published policies governing this Project. (4) Completion Dates. The Recipient agrees to complete the Project in a timelymanner. Nevertheless, except in the case of full funding grant agreements or as otherwise specified, milestone p sone dates and other Project completion dates for the Project (either in electronic format or hard copy) are to be treated as good faith estimates rather than precise and firm legal obligations. g b. U.S. DOT Administrative Requirements. The Recipient acknowledges that Federal administrative ative requirements differ based on the type of entity receiving Federal assistance: (1) A Recipient that is a State, a local government, or an Indian tribalovernment agrees g gr es to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and LocalGovernments," p �" 49 C.F.R. Part 18. (2) A Recipient that is an institution of higher education or a nonprofit organization agrees p g gr to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with th Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations," 49 C.F.R. Part 19. (3) Except as FTA specifies otherwise, a Recipient that is a private for-profit ofit organization agrees to comply with the "Uniform Administrative Requirements for Grants and Agreements with Institutions of HigherEducation,EdOrganizations," � tion, Hospitals, and Other Non-profit 49 C.F.R. Part 19. c. Application of Federal, State, and Local Laws and Regulations. (1) Federal Laws and Regulations. Federal law or laws authorizing Project approval (identified in the FTA Award section of the Grant Agreement or Cooperative Agreement) control Project implementation. The Recipient acknowledges that Federal laws, regulations, p olicies and related administrative practices applicable to the Project on the date the authorized FTA official signs the Grant Agreement or Cooperative may be modified from time to time. Inarticular, new Federal laws, s, regulations, policies, and administrative practices may be promulgated after the date when the Recipient executes the Grant Agreement or Cooperative Agreement, and might apply to that Grant � g pp Y Agreement or Cooperative Agreement. The Recipient agrees that the most recent of such Federal requirements will govern the administration of the Project at any particular time, unless FTA issues a written determination otherwise. FTA's written determination may be issued as a Special Condition or Special Requirement within the Grant Agreement or Cooperative Agreement, a change to an FTA directive, or a letter signed by the Federal Transit Administrator, the language e of which modifies or � otherwise conditions the text of a specific provision of this Master Agreement. To accommodate changing Federal requirements, the Recipient agrees to include notice in each agreement with each subrecipient and each third party contractor participating in the Project that Federal requirements may change and the changed requirements will apply to the Project as required, unless the Federal Government determines otherwise. All standards or limits within this Master Agreement are minimum requirements, unless modified by FTA. (2) State, Territorial. and Local Law. Except when a Federal statute or regulation pre-empts State, local, or territorial law, no provision of the Grant Agreement, ve Coo eratiAgreement, or this Master Cooperative Agreement shall require the Recipient to observe or enforce compliance with anyprovision, perform any other act, or do any other thing in contravention of State, territorial, or local law. Thus if any innfdR Q/11 irn A.A D11A MASTER AOREEMENT 2002 ht��//www.fta.dot. ov/libra�/le a1/a eements/2002/mahtml • provision or compliance with any provision of the Grant Agreement, Cooperative Agreement, or this Master Agreement violate State, territorial, or local law, or would require the Recipient to violate State, territorial, or local law, the Recipient agrees to notify FTA immediately in writing. Should this occur, FTA and the Recipient agree to make appropriate arrangements to proceed with or, if necessary, terminate the Project expeditiously. d. Recipient's Primary Responsibility to Comply with Federal Requirements. Irrespective of participation ation by other parties in the Project, the Recipient continues to remain responsible to FTA for compliance with all Federal requirements imposed by Federal statute, regulations, executive orders, directives, published policies, this Master Agreement, and the Grant Agreement or Cooperative Agreement for the Project. (1) Significant Participation by a Third Party Contractor. Although the Recipient may enter into a third party contract in which the third party contractor agrees to provide property or services in support of the Project, or even carry out Project activities normally performed by the Recipient ient (such as in a turnkey contract), the Recipient continues to remain responsible to FTA for compliance with Federal requirements. (2) Si� pSignificant cant P arti ci ati on by a Subrecipient. Although the Recipient may delegate any or almost all Project responsibilities to one or more subrecipients, the Recipient continues to remain responsible to FTA for compliance with Federal requirements. (3) Exceptions. The Recipient, however, is relieved of compliance with Federal responsibilities in the p following two circumstances: (a) When the Designated Recipient of urbanized area formula funds authorized for 49 U.S.C. § 5307 has entered into a Supplemental Agreement with FTA and a grantee covering the Project, the Designated Recipient is not responsible to FTA for compliance with Federal requirements in g p connection with the Project, or (b) When the Federal Government, through appropriate official action, relieves the Recipient of a portion of or all responsibility to the Federal Government. e. Recipient's Responsibility to Extend Federal Requirements to Other Entities. (1) Entities Affected. Only the entities that are signatories to the Grant Agreement or Cooperative Agreement are parties to that agreement. To achieve compliance with certain Federal laws, J participants,regulations, or directives, however, other Project articip ants, such as subrecipients and third party contractors, will necessarily be affected. Accordingly, the Recipient agrees to take appropriate measures necessary to ensure all Project participants comply with applicable Federal requirements affecting their performance. (2) Documents Affected. Applicability provisions of Federal statutes, regulations, and directives establishingeach Federal requirement determine the extent to which that requirement affects a q Project participant. Accordingly, the Recipient agrees to include adequate provisions to ensure that Project participants comply with applicable Federal requirements. In addition, the Recipient agrees to require its third party contractors and subrecipients to include adequate provisions to ensure compliance with applicable Federal requirements in each lower tier subcontract and subagreement financed in whole or in part with financial assistance provided by FTA under the Grant Agreement or Cooperative Agreement. Following are additional requirements: (a) Third Party Contracts. Because Project activities performed by a third party contractor must MASTER AGREEMENT 2002 http://www.fta.dot.gov/library`/legal/agreemeAts/2002/nna.html comply with Federal requirements, the Recipient agrees to include appropriate clauses in each third p party contract stating the third party contractor's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the third party contractor to extend applicable requirements to its subcontractors to the lowest tier necessary. When the third party contract requires the thirdq party contractor to undertake for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this Master Agreement and the Grant Agreement or Cooperative Agreement for the Project must be included in that third party contract and extended throughout each tier to the extent appropriate. Additional guidance . pertaining to third party contracting is contained in the FTA Best Practices Procurement Manual. FTA cautions, however, that its Best Practices Procurement Manual focuses mainly on third party procurement processes and may omit certain other Federal requirements applicable to the work to be performed. (b) Subagreements. Because Project activities performed by a subrecipient must be carried out in accordance with Federal requirements, the Recipient agrees to include appropriate clauses in each subagreement stating the subrecipient's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the subrecipient to impose applicable Federal requirements on entities to the lowest tier necessary. When the subagreement requires the subrecipient to undertake primary responsibilities for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this Master Agreement and the Grant Agreement or Cooperative Agreement for the Project must be included in that subagreement and extended throughout each tier to the extent appropriate. f. No Federal Government Obligations to Third Parties. The Recipient agrees that, absent the Federal Government's express written consent, the Federal Government shall not be subject to any obligations or liabilities to any subrecipient, any third party contractor, or any other person not a party to the Grant Agreement or Cooperative Agreement in connection with the performance of the Project. Notwithstanding that the Federal Government may have concurred in or approved any solicitation, subagreement, or third party contract, the Federal Government has no obligations or liabilities to any party, including any subrecipient or any third party contractor. g. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or Litigation). The Recipient agrees to notify FTA immediately of any change in local law, conditions (such as its legal, financial, or technical capacity), or any other event that may significantly affect the Recipient's ability to perform the Project in accordance with the terms of the Grant Agreement or Cooperative Agreement. In addition, the Recipient agrees to notify FTA immediately of any current or prospective major dispute, breach, default, or litigation that may affect the Federal Government's interests in the Project or the Federal Government's administration or enforcement of Federal laws or regulations. The Recipient agrees to inform FTA before naming the Federal Government as a party to litigation for any reason, in any forum. Top Section 3. Ethics. a. Code of Ethics. The Recipient agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award or administration of third party contracts or subagreements supported by Federal assistance. This code or standards shall provide that the Recipient's officers, employees, board members, or agents may Y neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential contractor or subrecipient. The Recipient may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. This code or 0in in, A_A C TT7► MASTER AaREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html standards shall also prohibit the Recipient's officers, employees, board members, or agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As permitted by State or local law or regulations, the code or standards shall include penalties, sanctions, or other disciplinary actions for violations by the Recipient's officers, employees,board members, or their agents, or by.contractors or subrecipients or their agents. (1) Personal Conflicts of Interest. The Recipient's code or standards of conduct shall prohibit the Recipient's employees, officers, board members, or agents from participating in the selection, award, or administration of a third party contract or subagreement supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the following parties has a financial or other interest in the entity selected for award: (a) an employee, officer, board member, or agent; (b) any member of his or her immediate family; (c)his or her partner; or(d) an organization that employs, or intends to employ, any of the above. (2) Organizational Conflicts of Interest. The Recipient's code or standards of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a third partycontract or subagreement may, without some restrictions on future activities, proposed result in an unfair competitive advantage to the third party contractor or subrecipient or impair its objectivity in performing the contract work. • b. Debarment and Suspension. The Recipient agrees to comply, and assures the compliance of each third party contractor and subrecipient 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 (Nonprocurement)," within 49 C.F.R. Part 29. c. Bonus or Commission. The Recipient affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its Federal assistance application for the Project. d. Lobbying Restrictions. The Recipient agrees to: (1) Refrain from using Federal assistance funds to support lobbying, (2) Comply, and assure the compliance of each third party contractor at any tier and each subrecipient at any tier, with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. (3) Comply with Federal statutory provisions to the extent applicable prohibiting the use of Federal assistance funds for activities designed to influence Congress or a State legislature on legislation or appropriations, except through proper, official channels. e. Employee Political Activity. To the extent applicable, the Recipient agrees to comply with the provisions of the Hatch Act, 5 U.S.C. §§ 1501 - 1508, 7324 - 7326, and U.S. Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political activities of State and local agencies and their officers and employees, whose principal employment activities are financed in whole or part with Federal funds including a Federal loan, grant, or cooperative agreement. Nevertheless, in accordance with 23 U.S.C. § 142(g), the Hatch Act does not apply to a nonsupervisory employee of a transit system (or of any other agency or entity performing related functions) receiving FTA assistance to whom the Hatch Act would not otherwise apply. A, 111 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreetnents/2002/ma.html f. False or Fraudulent Statements or Claims. The Recipient acknowledges and agrees that: (1) The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. Accordingly, by executing the Grant Agreement or Cooperative Agreement, the Recipient certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project covered by the Grant Agreement or Cooperative Agreement. In addition to other penalties that may apply, the Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Recipient to the extent the Federal Government deems appropriate. (2) If the Recipient makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government in connection with an urbanized area fonnula project financed with Federal assistance authorized for 49 U.S.C. § 5307, the Government reserves the right to impose on the Recipient the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1), to the extent the Federal Government deems appropriate. Top Section 4. Federal Financial Assistance. The Recipient agrees that FTA will provide Federal financial assistance for the Project equal to the smallest of the following amounts: (a) the maximum amount permitted by Federal law or regulations, (b) the "Maximum FTA Amount Approved," set forth in the Grant Agreement or Cooperative Agreement, or (c) the amount calculated in accordance with the "Maximum Percentage(s) of FTA Participation," as may be modified by applicable Special Conditions or Requirements within the Grant Agreement or Cooperative Agreement. FTA's obligation to make Federal assistance payments is limited to the amounts listed in the Approved Project Budget for the Project. The "Estimated Total Eligible Cost" in the Grant Agreement or Cooperative Agreement is the basis upon which FTA , determines the "Maximum FTA Amount Awarded." a. "Net Project Cost". For any Project required by FTA or Federal law to be financed on the basis of its "Net Project Cost" as defined by 49 U.S.C. § 5302(a)(8), FTA intends to provide Federal assistance to the Recipient for that portion of the Project that cannot reasonably be financed from the Recipient's revenues, i.e., "Net Project Cost" of the Project. Accordingly, the amount stated as the "Estimated Total Eligible Cost" is the "Estimated Net Project Cost" and forms the basis on which FTA will calculate the amount of Federal assistance to award for the Project. b. Other Basis for FTA Participation. For any Project not required by Federal law or FTA to be financed on the basis of its "Net Project Cost" as defined by 49 U.S.C. § 5302(a)(8), FTA intends to provide assistance to the Recipient in financing all or part of the cost of the Project. Therefore, the amount stated as the "Estimated Total Eligible Cost" forms the basis on which FTA will calculate the amount of Federal assistance to award for the Project. Top Section 5. Local Share. If FTA requires the Recipient to provide a local share for the Project financed under the Grant Agreement or Cooperative Agreement, the Recipient agrees as follows: 1 A AO Rinin7 4.45 M MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html Restrictions on the Source of the Local Share. Except as permitted otherwise by Federal law, the a. p Recipient agrees to provide sufficient funds or approved in-kind resources that, together with the Federal financial assistance awarded, will assure payment of the actual cost of each Project activity covered by the Grant Agreement or Cooperative Agreement. The Recipient agrees that no local share fundsp rovided will be derived from receipts from use of Project facilities or equipment, revenues of the transit system in which such facilities or equipment are used, or other Federal funds, except as permitted by law. b. Duty to Obtain the Local Share. Unless FTA otherwise approves, the Recipient agrees to complete all proceedings necessary to provide the local share of the Project costs at or before the time those funds are needed to meet Project expenses. c. Calculation of the Local Share. Unless FTA expressly approves otherwise in writing, the Recipient agrees that the local share will apply to each Project activity in the Grant Agreement or Cooperative Agreement. d. Reduction of the Local Share. Unless FTA expressly approves otherwise in writing, the Recipient agrees that no refund or reduction of the local share may be made unless, at the same time, a refund of a proportional amount of the Federal financial assistance is made to the Federal Government. Top, Section 6. Approved Project Budget. The Recipient agrees to prepare a Project budget which, upon approval by FTA, is designated the "Approved Project Budget." Any amendment awarding additional Federal financial assistance requires a new Approved Project Budget. The Approved Project Budget may also be revised as permitted by and in conformance with applicable Federal requirements. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Grant Agreement or Cooperative Agreement, except that a re-allocation of funds among budget items or fiscal years that p � does not increase the total amount of the Federal financial assistance awarded may be made in accordance with applicable Federal regulations and directives. The Recipient agrees to incur obligations and make disbursements of Project funds only as authorized in the latest Approved Project Budget. The latest Approved Project Budget is incorporated herein by reference and made part the Grant Agreement or Cooperative.Agreement for the Project. Top Section 7. Accounting Records. a. Project Accounts. The Recipient agrees to establish and maintain for the Project either a separate set of accounts, or separate accounts within the framework of an established accounting system, that can be identified with the Project, in accordance with applicable Federal regulations and other requirements that FTA may impose. The Recipient agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project shall be clearly identified,readily accessible and available to FTA upon its request, and, to the extent feasible, kept separate from documents not related to the Project. b. Funds Received or Made Available for the Project. The Recipient agrees to deposit in a financial institution, all advance Project payments it receives from the Federal Government and record in the Project Account all amounts provided by the Federal Government in support of the Grant Agreement 0/11 int A.A[ D) MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agree`ments/2002/Ina.htm or Cooperative Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project (Project funds) in accordance with applicable Federal regulations and other requirements FTA may impose. Use of financial institutions owned at least 50ercent b- minority Y group members is encouraged. c. Documentation of Project Costs and Program Income. The Recipient agreesto support all costs pp - charged to the Project, including any approved services contributed by the Recipient or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Recipient also agrees to maintain accurate records of all program income derived from implementing the Project, except certain income determined by FTA to be exempt from the general Federal program income requirements. d. Checks, Orders, and Vouchers. The Recipient agrees to refrain from drawing checks, drafts, or orders for goods or services to be charged against the Project Account until it has received and filed a properly signed voucher describing in proper detail the purpose for the expenditure. Top Section 8. Reporting, Record Retention, and Access. a. Types of Reports. The Recipient agrees to submit to FTA the reports required by U.S. DOT administrative rules for grants and cooperative agreements and any other reports the Federal Government may require. b. Format Requirements for Reports. The Recipient agrees that all reports and other documents or information intended for public availability developed in the course of the Project and re uired to be submitted 'q to FTA must be prepared and submitted in electronic and or hard copy formats as FTA may require. Electronic submissions must comply with the electronic accessibility requirements of Subsection 12.g(10), and Section 45 of this Master Agreement. FTA reserves the right to require records to be submitted in other formats. c. Record Retention. The Recipient agrees to maintain intact and readily accessible all data, documents, reports, records, contracts, and supporting materials relating to the Project as the Federal Government may require during the course of the Project and for three years thereafter. d. Access to Records of Recipients and Subrecipients. Upon request, the Recipient agrees to permit, and require its Subrecipients to permit, the U.S. Secretary of Transportation, the Comptroller General of the United States, and, to the extent appropriate, the State, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Recipient and its Subrecipients pertaining to the Project. e. Project Closeout. Project closeout does not alter the reporting and record retention requirements of this Section 8 of the Master Agreement. Top Section 9. Payments. The Recipient agrees to refrain from seeking payment from FTA for Project costs until it has executed the Grant Agreement or Cooperative Agreement for the Project. a. Recipient's Request for Payment. To obtain a Federal assistance payment for the Project from MASTER AUREEMENT 2002 http://www.fta.dot.govllibrary/legal/agreements/2002/ma.html FTA, the Recipient agrees to: (1) Demonstrate or certify that it will provide adequate local funds that, when combined with Federal payments, will cover all costs to be incurred for the Project. Unless the Federal Government has expressly permitted the Recipient to defer provision of the local share, a Recipient required by Federal statute or the Grant Agreement or Cooperative Agreement to provide a local share agrees to refrain from: (a) q Requesting or obtaining Federal funds exceeding the amount justified by the local share previously provided, and (b) Taking any action that would cause the proportion of Federal funds made available to the Project at any time to exceed the percentage authorized by the Grant Agreement or Cooperative Agreement, (2) Submit to FTA all financial and progress reports required to date by this Master Agreement, and (3) Identify the source(s) of financial assistance provided for the Project from which the payment is to be derived. b. Payment byFTA. The Recipient agrees that FTA will make all payments through the Automated Y p Clearing House (ACH) method of payment, regardless of the amount involved.. • (1) Electronic Clearing House Operation Payments. If payment is made through the FTA Electronic Clearinghouse Operation (ECHO) using an ECHO Control Number, the Recipient agrees to comply with: FTA's ECHO requirements that implement U.S. Department of Treasury Circular 1075, Part 205, "Withdrawal of Cash from the Treasury for Advances Under Federal Grants and Other Pro ams," Treasury Financial Manual, Vol. 1, Part 6, Chapter 2000; the ECHO System Operations Manual, "Guidelines for Disbursements" used for FTA Projects; and the requirements of this Subsection 9.b(1). The Recipient also agrees that if it fails to comply with the following requirements of this Subsection 9.b(1), the Federal Government may revoke the unexpended portion of Federal assistance awarded for the Project. (a) The Recipient may draw down cash only when actually needed for immediate disbursement purposes.Jired for Pro required u oses. Unless provided otherwise by Federal law or regulation, the Recipient agrees to expend all Federal funds obtained under the Project for Project purposes no later than three (3) days after receiving those funds. If the Recipient fails to expend those Federal assistance funds within three (3) days of their receipt or fails to return those funds to FTA within a reasonable period, or fails to establishp rocedures to minimize the time elapsing between cash advances and the disbursement, the Federal Government may revoke or temporarily suspend the Recipient's ECHO Control Number and the Recipient's access to the ECHO System. In addition, a Recipient's failure to adhere to these requirements may result in other remedies or penalties authorized by Federal law or regulation. The Reci ient a ees to re ort its cash disbursements and balances promptly in compliance with (b) p �' p Federal requirements. (c) The Recipient agrees to provide for control and accountability for all Project funds consistent with Federal requirements and procedures for use of the ECHO system. (d) The Recipient may not draw down funds for a Project in an amount exceeding the sum obligated by the Federal Government or the current available balance for that Project. o ice,'in,► A.A c rn • MASTER AGREEMENT 2002 http://www.fta.dot.gov/library)legal/agreetne:its/2002/i=na.htrn. (e) The Recipient agrees to draw down funds only for eligible Project costs. (f) The Recipient agrees to refrain from drawing down Federal assistance until needed for disbursement. (g) The Recipient agrees to notify the appropriate Regional or Program Office when a single draw g � g down will exceed $50 million. (h) The Recipient agrees to remit interest to the Federal Government on any Federal assistance prematurely drawn down, irrespective of whether that Federal assistance has been deposited in an interest-bearing account. The Recipient agrees that a debt for any premature draw down of Federal assistance funds does not qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 through 3720, and that the interest provisions of this Subsection 9.b(1)(h) of this Master Agreement, rather than the interest provisions of the Debt Collection Act of 1982, as amended, will determine the amount of interest due on any debt for Federal assistance prematurely drawn down. The Recipient agrees that the amount of interest due depends on whether or not the Recipient is a State or State instrumentality. 1. A Recipient that is a State or State instrumentality agrees to remit interest to the Federal Government calculated as provided by U.S. Department of Treasury regulations, "Rules and Procedures for Funds Transfers," 31 C.F.R. Part 205 that implement section 5(b) of the Cash Management Improvement Act of 1990, as amended, 31 U.S.C. § 6503(b). Thus, a Recipient that is a State or a State instrumentality agrees that interest on any debt it may incur for Federal assistance prematurely drawn down does not qualify for the interest exemption of the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 and 3717. 2. A Recipient that is neither a State nor a State instrumentality agrees to remit prejudgment common law interest on the debt for Federal assistance prematurely drawn down, as permitted by U.S. General Accounting Office/U.S. Department of Justice (U.S. GAO/U.S. DOJ) regulations at 4 C.F.R. § 102.13(i)(2). A Recipient that also is either a local government or an instrumentality of a local government agrees that interest on any debt it may incur for Federal assistance prematurely draWn down does not qualify for the interest exemption for general local government in the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 and 3717. (2) Requisition. If the requisition method of payment is used, the Recipient understands and agrees as follows: (a) Recipient Responsibilities. The Recipient agrees to: 1. Complete and submit the "Payment Information Form - ECHO-ACH Payment System," Revised 10/92, to FTA's Accounting Division. 2. Complete and submit Standard Form 270, "Request for Advance or Reimbursement," to the designated FTA office. (b) FTA Responsibilities. Upon receiving a request for payment and adequate supporting information, FTA will approve payment by direct deposit, provided that the Recipient is in compliance with the requirements of the Grant Agreement or Cooperative Agreement, has satisfied FTA that the Federal funds requested are needed in that requisition period, and is making adequate progress toward Project completion. After these requirements have been fulfilled, the Federal • Government may reimburse the apparent allowable costs incurred (or to be incurred in the requisition period), not to exceed the maximum amount of Federal funds payable through the Federal fiscal year 1R of dR 2//1/l'd•Ac PTi MASTER AGR1 EMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html of that requisition, as set forth in the Approved Project Budget for the Project. c. Costs Reimbursed. The Recipient understands and agrees that Project costs eligible for Federal participation must comply with all the following requirements: (1) Conform to the Project Description, the Approved Project Budget, and all other terms of the Grant Agreement or Cooperative Agreement, (2) Are necessary in order to accomplish the Project, (3) Are reasonable for the goods or services purchased, Are actual net costs to the Reci ient (i.e., the price paid minus any refunds, rebates, or other items (4) p of value received by the Recipient that have the effect of reducing the cost actually incurred, excluding program income), • (5) Are incurred for work performed after the Effective Date of the Grant Agreement or Cooperative Agreement, unless the Federal Government has provided otherwise in writing, (6) Are satisfactorily documented, (7) Are treated consistently in accordance with accounting principles and procedures approved by the Federal Government for the Recipient, and with accounting principles and procedures approved by the Recipient for its contractors, (8) Aregeligible under Federal law, regulation, or guidelines for Federal participation, and permitted otherwise byFederal statute or regulation, comply with the U.S. Office of (9) Unless g Management and Budget (OMB) Circular or Federal regulation listed below that is applicable to;the Recipient: (a) ForaRpgovernment,Recipient that is a State, a local or an Indian tribal government, the provisions of OMB Circular A-87, Revised, "Cost Principles for State and Local Governments," apply; (b) For higher a Recipient that is an institution of hi her education, the provisions of OMB Circular A-21, Revised, "Cost Principles for Educational Institutions," apply; (c) Fora Recipient that is a private nonprofit organization, the provisions of OMB Circular A-122, Revised, "Cost Principles for Non-Profit Organizations" apply; (d) For a Recipient that is a for-profit organization, the provisions of the Federal Acquisition Regulation, 48 C.F.R. Chapter I, Subpart 31.2, "Contracts with Commercial Organizations" apply. d. Bond Interest and Other FinancingCosts. To the extent permitted in writing by FTA, bond interest and other similar financing costs are allowable. The Recipient understands and agrees that FTA's participation ation in Project interest costs will be limited to an amount that does not exceed the most favorable financing terms reasonably available for the Project at the time of borrowing. e. Excluded Costs. The Recipient understands and agrees as follows: • In the amount of Federal assistance FTA will provide, FTA will exclude the (1) determining following: MASTER AGREEMENT 2002 http://wvvw.fta.dot.gov/library/legal/agreeme:lts/2UO2!irla.html (a) Any Project cost incurred by the Recipient before the Effective Date of the Grant Agreement or Cooperative Agreement or Amendment thereto, unless otherwise permitted by Federal law or regulation, or unless an authorized FTA official states in writing to the contrary; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for goods or services received in connection with a thirdart contract or other p y arrangement required to be, but has not been, concurred in or approved in writing by the Federal Government; (d) Any ordinary governmental or nonproject operating cost, consistent with the prohibitions of 49 U.S.C. § 5323(h)(1); and (e) Any cost ineligible for FTA participation as required by Federal law, guidelines regulation, or for Federal participation. (2) The Recipient agrees that reimbursement by the Federal Government of any cost does not constitute a final decision of the Federal Government about whether that cost is eligible for reimbursement and does not constitute a waiver of any violation by the Recipient of the terms of the Grant Agreement or Cooperative Agreement. The Recipient acknowledges that the Federal Government will not make a final determination about the eligibility of any cost until an audit of the Project has been completed. If the Federal Government determines that the Recipient is not entitled to receive any portion of the Federal funds requested or provided, the Federal Government will notify the Recipient stating its reasons. The Recipient agrees that Project closeout will not alter the Recipient's obligation to return any funds due to the Federal Government as a result of later refunds, corrections, or other transactions; nor will Project close-out alter the Federal Government's right to • disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, the Federal Government may recover any Federal assistance funds to be made available for the Project as needed to satisfy any outstanding monetary claims that the Federal Government may have against the Recipient. Exceptions pertaining to disallowed costs are contained in FTA directives or in other written Federal guidance. f. Federal Claims, Excess Payments, Disallowed Costs, including Interest. (1) Recipient's Obligation to Pay. Upon notification to the Recipient that specific amounts are owed to the Federal Government, whether for Federal claims for funds recovered from third parties or elsewhere, for excess payments, or for disallowed costs, the Recipient agrees to remit to the Federal Government promptly the amounts owed, including any interest due. (2) Amount of Interest Due. The Recipient agrees that the amount of interest due depends on whether the Federal Government treats the principal portion of the debt as a Federal claim or as a debt owed to the Federal Government. Thus, Recipient agrees to pay interest calculated as follows: (a) Federal Claims against the Recipient. The Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3 701 through 3720, exempts State governments and units of general local government from the obligation to pay interest on claims pursued by the Federal Government under that Act, 31 U.S.C. §§ 3701 and 3717. Interest on claims against other parties will be calculated in accordance with the interest provisions of U.S. GAO/U.S. DOJ regulations, "Federal Claims Collection Standards," at 4 C.F.R. § 102.13. (b) Excess Payments. The Recipient agrees that a debt for any excess payment does not qualify as a �n�rAO Q/71/(17 d•dS P1‘ MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html "claim" for purposes of the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 through 3720; thus the interest exemption for State governments and units of general local government provided by that Act will not apply to interest on the debt for excess payments. Accordingly, a Recipient that is a State government or a unit of general local government agrees that interest on any - debt for excess payments does not qualify for the interest exemption for State and local governments at 31 U.S.C. §§ 3701 and 3717. Thus, irrespective of whether the Recipient is a State government, a unit of general local government, a public organization, a private nonprofit organization, an institution of higher education, an individual, or any other party, the Recipient agrees to pay common law prejudgment interest and related charges for excess payments made by the Federal Government, as permitted by 4 C.F.R. § 102.13(i)(2). (c) Disallowed Costs. The Recipient agrees that a debt for any disallowed cost does not qualify as a "claim" for purposes of the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 through 3720; thus the interest exemption for State governments and units of general local government provided by that Act will not apply to interest on the debt for the disallowed cost. Accordingly, a Recipient that is a State government or a unit of general local government agrees that interest on any debt for a disallowed cost does not qualify for the interest exemption for State and local governments at 31 U.S.C. §§ 3701 and 3717. Thus, irrespective of whether the Recipient is a State government, a unit of general local government, a public organization, a private nonprofit organization, an institution of higher education, an individual, or any other party, the Recipient agrees to pay common law prejudgment interest and related charges for excess payments made by the Federal Government, as permitted by 4 C.F.R. § 102.13(i)(2). gg . De-obligation of Funds. The Recipient agrees that the Federal Government may de-obligate unexpended Federal funds before Project closeout. Top Section 10. Project Completion, Audit, Settlement, and Closeout. a. Project Completion. Within ninety (90) days following Project completion or termination by the Federal Government, the Recipient agrees to submit a final Financial Status Report (either electronically or on Standard Form 269A), a certification of Project expenses, and third party audit reports, as applicable. b. Audit of Recipients. The Recipient acknowledges and agrees as follows: (1) Audit Requirements. Each Recipient agrees to have performed the financial and compliance audits required by the Single Audit Act Amendments of 1996, 31 U.S.C. §§ 7501 et seq., in accordance with OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," and the OMB A-133 Compliance Supplement provisions for the Department of Transportation, March, 2001, and any further revision or supplement thereto. The Recipient also agrees to obtain any other audits required by the Federal Government. Project closeout will not alter the Recipient's audit responsibilities. (2) Audit Costs. Audit costs for Project administration and management are allowable to the extent authorized by OMB Circular A-87, Revised, OMB Circular A-21, Revised, OMB Circular A-122, Revised, or 48 C.F.R. Chapter I, Subpart 31.2, whichever is applicable. c. Funds Due the Federal Government. The Recipient agrees to remit to the Federal Government any excesspaY ments made to the Recipient, any costs disallowed by the Federal Government, and any amounts recovered by the Recipient from third parties or from other sources, as well as any interest s• 1 • •r T1 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agT eements/2002/tha.htm: required by Subsection 9.f(2)(b) of this Master Agreement. d. Project Closeout. Project closeout occurs when FTA notifies the Recipient that hat FTA has closed out the Project, and then either forwards the final Federal assistance payment or acknowledges that the Recipient has remitted the proper refund. The Recipient agrees that Project closeout by FTA does not invalidate any continuing obligations imposed on the Recipient by the Grant Agreement or Cooperative Agreement or by the Federal Government's final notification or acknowledgment. Top Section 11. Right of the Federal Government to Terminate. Upon written notice, the Recipient agrees that the Federal Government may suspend or terminate all or part of the Federal financial assistance provided herein if the Recipient has violated the terms of the Grant Agreement or Cooperative Agreement, or if the Federal Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation of the Grant Agreement or Cooperative Agreement that endangers substantial performance of the Project shall provide sufficient grounds for the Federal Government to terminate the Grant Agreement or Cooperative Agreement. Termination of any Federal financial assistance for the Project will not invalidate obligations properly incurred by the Recipient before the termination date, to the extent those obligations cannot be.canceled. If, however, the Federal Government determines that the Recipient has willfully misused Federal assistance funds by failing to make adequate progress, failing to make reasonable and appropriate use of the Project realro ert p p Y, facilities, or equipment, or has failed to comply with the terms of the Grant Agreement or Cooperative � p rative Agreement, the Federal Government reserves the right to require the Recipient to refund the entire amount of Federal funds provided for the Project or any lesser amount as the Federal Government may determine. Expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the Grant Agreement or Cooperative Agreement. Top Section 12. Civil Rights. The Recipient agrees to comply with all applicable civil rights statutes and implementing regulations p g including, but not limited to, the following: a. Nondiscrimination in Federal Transit Programs. The Recipient agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier under the Project, with the provisions of 49 U.S.C. § 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity. b. Nondiscrimination -- Title VI of the Civil Rights Act. The Recipient agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier under the Project, with all requirements prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U:S.C. § 2000d et seq., and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21, and any implementing requirements FTA may issue. 71 ,.F A O nen- rnn � rw MASTER AGREEMENT 2"002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html c. Equal Employment Opportunity. The Recipient agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier, with all requirements of Title VII of the Civil Rights Act of 19.64, as amended, 42 U.S.C. § 2000e, and 49 U.S.C. § 5332 and any implementing requirements FTA may issue. Those equal employment opportunity (EEO) requirements include,but are not limited to, the following: (1) General Requirements. The Recipient agrees as follows: (a) RecpThe Recipient agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Recipient agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include,but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient also agrees to comply with any implementing requirements FTA may issue. (b) If the Recipient is required to submit and obtain Federal Government approval of its EEO program, that EEO program approved by the Federal Government is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Failure by the Recipient to carry out the terms of that EEOro am shall be treated as a violation of the Grant Agreement or Cooperative p �' Agreement. Upon notification to the Recipient of its failure to carry out the approved EEO program, the Federal Government may impose such remedies as it considers appropriate, including termination of Federal financial assistance in accordance with Section 11 of this Master Agreement, or other measures that mayaffect the Recipient's eligibility to obtain future Federal financial assistance for p transportation Projects. (2) Equal Employment Opportunity Requirements for Construction Activities. With respect to activities deemed by the U.S. Department of.Labor (U.S. DOL) to qualify as "construction," the Recipient agreesto comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier, with all applicable EEO requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note,) and any Federal statutes, executive orders, regulations, and Federal policies affecting construction undertaken as part of the Project. d. Disadvantaged Business Enterprise. The Recipient agrees to take the following measures to facilitate participation by disadvantaged business enterprises (DBE) in the Project: (1) The Recipient agrees to comply with section 1101(b) of TEA-21, 23 U.S.C. § 101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. Part 26. (2) pTheRecipient agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The Recipient agrees to take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with Federal assistance derived from the U.S. DOT. The Recipient's DBE program, as required by 49 C.F.R. Part 26 and approved by the U.S. DOT, is /1 I"A 1,•••• • .r 1,1 • • MASTER AGREEMENT 2002 http://www.fta.dot.gov/libraryllegal/agreements/2002in.a.html incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Implementation of this DBE program is a legal obligation, and failure to carry out its terms shall be treated as a violation of the Grant Agreement or Master Agreement. Upon notification to the Recipient of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801 et seq. e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., with U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. Part 25, and with any implementing directives that U.S. DOT or FTA may promulgate, which prohibit discrimination on the basis of sex. f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with all applicable . p �' p Y pp requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and implementing regulations, which prohibit employment and other discrimination against individuals on the basis of age. g. Access Requirements for Persons with Disabilities. The Recipient agreesto complywith the requirements of 49 U.S.C. § 5301(d), which states the Federal policy that the elderly and persons with disabilities have the same right as otherersons to use mass transportation service and facilities, p p and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The Recipient also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, whichp rohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires q that buildings and public accommodations be accessible to persons with disabilities, including any. subsequent amendments to that Act. In addition, the Recipient agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, p "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; )4 of AR R/71/(17 d•dc PTV MASTER ACJREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and FTA regulations,ulations "Trans ortation for Elderl and Handicapped Persons," 49 C.F.R. Part 609; (9) g � p .Elderly (10) TransportationCompliance and Barriers Com.liance Board regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; and (11) Any implementing requirements FTA may issue. h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply 1 with confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1174 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. q §§ 4581 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd-3 and 290ee-3, and any subsequent amendments to these acts. Access to Services for Persons with Limited English Proficiency. The Recipient agrees to comply 1. � withg uidance set forth in Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency," August 11, 2000, 42 U.S.C. § 2000d-1 note, and with the requirements and provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 66 Fed. Reg. 6733 et seq., January, 22, 2001. j. Other Nondiscrimination Statutes. The Recipient agrees to comply with all applicable requirements, of any other nondiscrimination statute(s) that may apply to the Project. Top Section 13. Planning and Private Enterprise. a. FTA Requirements. The Recipient agrees to implement each Project financed with Federal assistance awarded for the Grant Agreement or Cooperative Agreement in a manner consistent with the lans developed in compliance with the applicable planning and private enterprise provisions of p p 49 U.S.C. §§ 5303 through 5306, and 5323(1), and with the joint Federal Highway Administration (FHWA)/FTA regulations, "Planning Assistance and Standards," at 23 C.F.R. Part 450 and 49 C.F.R. Part 613 and, when promulgated, with FHWA/FTA regulations, "Metropolitan and Statewide Planning," 23 C.F.R. Part 1410 and 49 C.F.R. Part 621; and to the extent applicable, with FTA regulations, "Major Capital Investment Projects," 49 C.F.R. Part 611. b. Governmental and Private Nonprofit Providers of Nonemergency Transportation. In addition to providingopportunities to participate in planning described in Subsection 13.a of this Master Agreement above, to the extent feasible, the Recipient agrees to comply with the requirements of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit organizations that receive assistance for nonemergency transportation from Federal Government sources (other than U.S. DOT) an opportunity to be included in the design, coordination, and planning of transportation services. c. Infrastructure Investment. During m the implementation of the Project, the Recipient agrees to take p n!nn/A►1 A A P 1,1 MASTER AGREEMENT 2002 http://www.fta.dot.gov/libraryllegal/agreemei-As/2002/rila.html into consideration the recommendations of Executive Order No. 12803, "Infrastructure Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893, "Principles for Federal Infrastructure Investments," 31 U.S.C. § 501 note. Top Section 14. Preference for United States Products and Services. To the extent applicable, the Recipient agrees to comply with the following U.S. preference requirements: a. Buy America. The Recipient agrees to comply with 49 U.S.C. § 5323(j), with FTA regulations, "Buy America Requirements," 49 C.F.R. Part 661, and with implementing guidance FTA may issue. b. Cargo Preference--Use of United States-Flag Vessels. The Recipient agreesto complywith U.S. Maritime Administration regulations, "Cargo Preference--U.S.-Flag Vessels," 46 C.F.R. Part 381, to the extent those regulations apply to the Project. c. Fly America. The Recipient understands and agrees that the Federal Government will not participate in the costs of international air transportation of any persons involved in or property acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the extent service by U.S.-flag air carriers is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and with U.S. GSA regulations, "Use of United States Flag Air Carriers," 41 C.F.R. §§ 301-10.131 through 301-10.143. Top Section 15. Procurement. To the extent applicable, the Recipient agrees to comply with the following third party procurement requirements: a. Federal Standards. The Recipient agrees to comply with FTA Circular 4220.1D, "Third Party Contracting Requirements," including any revision or replacement thereof, and applicable Federal regulations or requirements, including FTA third party contracting regulations whenromul ated. p g The FTA Best Practices Procurement Manual provides additional procurement guidance. Nevertheless, be aware that the FTA Best Practices Procurement Manual is focused on procurement . processes and may omit certain Federal requirements applicable to the work to be performed. b. Project Approval/Third Party Contract Approval. Unless stated otherwise in writing, the Recipient agrees p gr s that FTA's approval of the Project does not constitute pre-approval of any non-competitive third party contract awards associated therewith. c. FTA Technical Review. The Recipient agrees to permit FTA to review and approve the Recipient's technical specifications and requirements, to the extent FTA believes necessary to ensure proper Project administration. d. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed q p by Federal statute or regulations, the Recipient agrees to comply with the requirements of 49 U.S.C. § 5323(h)(2) by refraining from using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. )4,sr Ac? 411-11111A.AcDA4 r 1 � MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html e. Bus Seat Specifications. A State or local government recipient may use specifications conforming to the requirements of 49 U.S.C. § 5323(e) to acquire bus seats. f. Clean Air and Clean Water. The Recipient agrees to include in third party contracts and subgrants exceeding $100,000adequateprovisions to ensure that Project participants report the use of facilities placed or likely to be placed on EPA's "List of Violating Facilities," refrain from using violating facilities, report violations to FTA and the Regional EPA Office, and comply with the inspection and other applicable requirements of: • (1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7414, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.; and (2) Section 508 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1368, and other provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. gy . Preference for Recycled Products. To the extent applicable, the Recipient agrees to comply with U.S. Environmental Protection Agency (U.S. EPA) "Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and otherwise provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. h. Geographic hic Restrictions. The Recipient agrees to refrain from using any State or local geographic preference, except those expressly mandated or encouraged by Federal statute, such as those set forth in Subsection 15.i of this Master Agreement below, or as permitted by FTA. i. Architectural, Engineering,Design, or Related Services. When.procuring architectural, engineering, or related services,the Recipient agrees to comply with the provisions of 49 U.S.C. § 5325(b), either by negotiating for those services in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. §§ 541 et seq., or by_.using an equivalent qualifications-based requirement of the State. Provided that a sufficient number of qualified firms are eligible to compete for the third party contract, the contractor's geographic location may be a selection criterion. In addition, when awarding contracts for architectural, engineering, or related services, the Recipient agrees to accept undisputed audits conducted by other governmental agencies, in accordance with 23 U.S.C. § 112(b)(2) (C) through (F). To the extent the Recipient qualifies for an exception in accordance with 49 U.S.C. 5325(b), however, this Subsection 15.i of this Master p § Agreement does not apply. J Force Account. The Recipient agrees that FTA may determine the extent to which Federal assistance may be used to participate in force account costs. k. Award to Other than the Lowest Bidder. In accordance with 49 U.S.C. § 5325(c), a Recipient may award a third party contract to a party other than the lowest bidder, when such an award furthers objectives consistent with the purposes of 49 U.S.C. Chapter 53 and any implementing regulations,directives, circulars, manuals, or other guidance FTA may issue. 1. Rolling Stock. In acquiring rolling stock, the Recipient agrees as follows: (1) Method of Acquisition. The Recipient may award a third party contract for rolling stock based on initial capital costs, performance, standardization, life cycle costs, and other factors, or based on a competitive procurement process, in accordance with 49 U.S.C. .§ 5326(c). n/Pt,/n'1 A_AC Tlk MASTER AGREEMENT 2002 http://www.fta.dot.gov/library7legal/agreernen'ts/2002/ma.htm (2) Multi-year Options. In accordance with 49 U.S.C. § 5326(b)(1), a Recipient mayprocure rolling stock using financial assistance appropriated for 49 U.S.C. Chapter 53 using a contract with an option, not to exceed 5 years after the date of the original contract, to purchase additional rolling stock or replacement. (3) Pre-Award and Post-Delivery Requirements. The Recipient agrees to comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. (4) Bus Testing. To the extent applicable, the Recipient agrees to comply with the requirements rnents of 49 U.S.C. § 5323(c) and FTA regulations, "Bus Testing," 49 C.F.R. Part 665, and any revision thereto. m. Bonding. To the extent applicable, the Recipient agrees to comply with the followingbonding . p � py requirements. (1) Construction Activities. The Recipient agrees to provide bid guarantee, contract performance, and payment bonding to the extent deemed adequate by FTA and applicable Federal regulations, and comply with any other bonding requirements FTA may issue. (2) Other Activities. The Recipient agrees to comply with any other bonding requirements or restrictions FTA may impose. n. Notification of Federal Participation. To the extent required by law, in the announcement of any third party contract award for goods or services (including construction services) having an aggregate e ate value of$500,000 or more, the Recipient agrees to specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express that amount of that Federal assistance as a percentage of the total cost of that third party contract. o. Access to Third Party Contract Records. The Recipient agrees to require its third party contractors and third party subcontractors at as many tiers as required to provide to the U.S. Secretary of Transportation and the Comptroller General of the United States, or their duly authorized representatives, access to all third party records as requested to conduct audits and inspections related to any third party contract not awarded on the basis of competitive bidding for a capital or improvement Project, in accordance with the terms of 49 U.S.C. § 5325(a). The Recipient further agrees to require its third party contractors and third party subcontractors at as many tiers as required to provide sufficient access to third party procurement records as needed for compliance with Federal regulations or to assure proper Project management as determined by FTA. • p. National Intelligent Transportation Systems Architecture and Standards. The Recipient agrees to conform, to the extent applicable, to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by section 5206(e) of TEA-21, 23 U.S.C. § 502 note, and with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et � seq., January 8, 2001, and other subsequent Federal directives that may be issued. q. Federal Supply Schedules. In making federally assisted acquisitions, State, local, or nonprofit Recipients may not use Federal Supply Schedules except to the extent permitted by U.S. GSA, U.S. DOT, or FTA regulations or directives. r. Neutrality in Labor Relations. To the extent permitted by law, the Recipient agrees to comply with Executive Order No. 13202, "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction �o _r Ao 0N1'1//1^1 A_Ar T71 A MASTEk AUREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/rna.html Projects," Executive Order No. 13202, February 17, 2001, as amended by Executive Order No. 13208, April 6, 2001, 41 U.S.C. § 251 note, which among other things, prohibits including requirements for affiliation with a labor organization as a condition for award of any contract or subcontract for construction or construction management services. Top Section 16. Leases. a. pp Capital Leases. To the extent applicable, the Recipient agrees to comply with FTA regulations, p "Capital Leases," 49 C.F.R. Part 639, and any revision thereto. b. Leases Involving Certificates of Participation. The Recipient agrees to obtain FTA concurrence • before entering into a leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any capital asset. c. Cross-Border Leases. To the extent applicable, the Recipient agrees to comply with FTA Circular 7020.1, "Cross-Border Leasing Guidelines," April 26, 1990, in connection with the acquisition of capital assets involving a cross-border lease. Top Section 17. Patent Rights. a. General. If any invention, improvement, or discovery of the Recipient or any of its third party contractors is conceived or first actually reduced to practice in the course of or under the Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Recipient agrees to notify FTA immediately and provide a detailed report. b. Federal Rights. The Recipient agrees that its rights and responsibilities, and those of each third g p party contractor at any tier and each subrecipient at any tier, pertainingto that invention, improvement, or discovery will be determined in accordance with applicable Federal laws, regulations, including any waiver thereof. Absent a determination in writing to the contrary by the Federal Government, the Recipient agrees to transmit to FTA those rights due the Federal Government in any invention, improvement, or discovery resulting from that third party contract as specified in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative .Agreements," 37 C.F.R. Part 401 (implementing the Presidential Memorandum [Statement] on Government Patent Policy to the Heads of Executive Departments and Agencies, dated February 18, 1983, 19 Weekly Comp.. Pres. Doc. 252-253, Feb. 28, 1983), irrespective of the status of the Recipient, any subrecipient, or any third party contractor at any tier (i.e., a large business, small business, Stateg overnment or State instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.) Top Section 18. Rights in Data and Copyrights. a. Definition. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Grant Agreement or Cooperative Agreement. Examples include, but are not limited to: computer software, standards, n inn i 4 r Tl • MASTER AGREEMENT 2002 http://wun .fta.dot.gov!library/legal/agreernerits/2002/Ma.htm specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" used in this section does not include financial reports, cost analyses, or similar information used for Project administration. b. Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Grant Agreement or Cooperative Agreement: (1) Except for its own internal use, the Recipient may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public. (2) The restriction on publication of Subsection 18.b 1 of this Master Agreement, however, does not apply to an Agreement with an institution of higher learning. c. Federal Rights in Data and Copyrights. The Recipient agrees to provide to the Federal Government a.royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes the "subject data" described in the following Subsections 18.c(l) and 18.c(2) of this Master Agreement. As used in the previous sentence of this Subsection 18.c, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not provide or otherwise extend to otherp arties the Federal Government's license to: (1) Any subject data developed under the Grant Agreement or Cooperative Agreement, or under a third party contract or subagreement financed by the Grant Agreement or Cooperative Agreement, whether or not a copyright has been obtained; and (2) Any rights of copyright to which a Recipient, subrecipient, or a third party contractor purchases ownership with Federal assistance. d. Special Federal Rights in Data for Research, Development, Demonstration, and Special Studies p (Planning) Projects. FTA's purpose in providing financial assistance for a special studies (planning), research, development, or demonstration Project, is to increase transportation knowledge, rather than limit the benefits of the Project to participants in the Project. Therefore, unless FTA determines otherwise, the Recipient of FTA financial assistance to support a research, development, demonstration, or a special studies (planning) Project agrees that, in addition to the rights in data and copyrights of Subsection 18.c of this Master Agreement, FTA may make available to any FTA recipient, subrecipient, third party contractor, or third party subcontractor, either FTA's license in the copyright to the subject data or a copy of the subject data. If the Project is not completed for any reason whatsoever, all data developed under that Project shall become subject data as defined in Subsection 18.a of this Master Agreement and shall be delivered as the Federal Government may direct. This Subsection 18.d of this Master Agreement, however, does not apply to adaptations of automatic data processing equipment or programs for the Recipient's use whose costs are financed with Federal funds for capital Projects. e. Hold Harmless. Except as prohibited or otherwise limited by State law, upon request by the Federal Government, the Recipient agrees to indemnify, save, and hold harmless the Federal Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of theP ublication, MASTER AtiREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Recipient shall not be required to indemnify the Federal Government for any such liability caused by the wrongful acts of Federal employees or agents. f. Restrictions on Access to Patent Rights. Nothing in this Section 18 on rights in data shall imply a license to the Federal Government under any patent or be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. g. Data Developed Without Federal Funding or Support. In connection with the Project, the Recipient may find it necessary to provide data developed without any Federal funding or support to p the Federal Government. The requirements of Subsections 18.b, 18.c, and 18.d of this Master Agreement do not apply to data developed without Federal funding or support, even though that data may have been used in connection with the Project. Nevertheless, the Recipient understands and agrees that the Federal Government will not be able to protect any data from unauthorized disclosure unless that data is clearly marked "Proprietary" or "Confidential." h. Statutory Requirements uirements to Release Data. The Recipient understands and agrees that the Federal Government may be required to make available data and information submitted to the Federal Government for dissemination under the Freedom of Information Act, or other Federal statute(s) in accordance with implementation instructions contained in 49 C.F.R. § 19.36, revised March,2000, to the extent applicable, and any subsequent applicable Federal requirements that may be promulgated. Top Section 19. Use of Real Property, Equipment, and Supplies. Unless otherwise approved by FTA, the Recipient agrees to comply with the following requirements with respect to real property, equipment, and supplies financed by the Grant Agreement or Cooperative Agreement: a. Use of Property. The Recipient agrees to use Project real property, equipment, and supplies for appropriate ro riate Project purposes (which may include joint development purposes that generate program income, both during and after the award period used to support transit activities) for the duration of the useful life of that property, as required by FTA. Should the Recipient unreasonably delay or fail to use Project property during the useful life of that property, the Recipient agrees that it may be p P required to return the entire amount of the Federal assistance expended on that property. The Recipient further agrees to notify FTA immediately when any Project property is withdrawn from Project use or when Project property is used in a manner substantially different from the representations the Recipient has made in its Application or the Project Description for the Grant Agreement or Cooperative Agreement for the Project. b. General Federal Requirements. A Recipient that is a State, a local government, or an Indian tribal government agrees to comply with property management standards of 49 C.F.R. §§ 18.31 through 18.34, including any mendments thereto, and other applicable guidelines or regulations the Federal Y Government may issue. A Recipient that is an institution of higher education, or a private nonprofit organization, agrees to comply with 49 C.F.R. §§ 19.30 through 19.3 7, including any amendments thereto, and other applicable guidelines or regulations the Federal Government may issue. Any exception to the requirements of 49 C.F.R. §§ 18.31 through 18.34, and to 49 C.F.R. §§ 19.30 p through 19.37, requires the express approval of the Federal Government. A Recipient that is a for-profit organization agrees to comply with property management standards satisfactory to FTA. Nevertheless, FTA has established specific reimbursement requirements for premature dispositions of certain Project equipment (i.e., when Project equipment is withdrawn from appropriate use before n w.w i�w • •I 1%1 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library,legal/agreements/2002/n+a.hmm: the expiration of the equipment's useful life established by FTA), as explained in Subsection 19.g of this Master Agreement. c. Maintenance. The Recipient agrees to maintain Project real property and equipment ing ood operating order, in compliance with any guidelines, directives, or regulations FTA may issue. d. Records. The Recipient agrees to keep satisfactory records regarding the use of Project real property, equipment, and supplies, and submit to the FTA upon request such information as may be required to assure compliance with Section 19 of this Master Agreement. e. Encumbrance of Project Property. The Recipient agrees to maintain satisfactory continuing control of Project real property or equipment. Thus, absent written authorization by FTA permitting otherwise: (1) Written Transactions. The Recipient agrees to refrain from executinganytransfer of title, 1 �' ease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation note, alienation, or any other obligation that in any way would affect the Federal interest in any Project real property or equipment. (2) Oral Transactions. The Recipient agrees to refrain from obligating itself in any manner to any third party with respect to Project real property or equipment. (3) Other Actions. The Recipient agrees to refrain from taking any action that would either adversely affect the Federal interest or impair the Recipient's continuing control of the use of Project real property or equipment. f. Transfer of Project Property. The Recipient understands and agrees as follows: (1) Recipient Request. The Recipient may transfer assets financed with Federal assistance authorized for 49 U.S.C. chapter 53 to a public body to be used for any public purpose with no further obligation to the Federal Government, provided the transfer is approved by the Federal Transit Administrator and conforms with the requirements of 49 U.S.C. §§ 5334(g)(1) and (2). (2) Federal Government Direction. The Recipient agrees that the Federal Government maydirect the p �- disposition of, and even require the Recipient to transfer title to, any real property, equipment, or supplies financed with Federal assistance made available for the Grant Agreement or Cooperative Agreement. (3) Leasing Project Property to Another Party. If the Recipient leasesProject asset to another p any J party, the Recipient agrees to retain ownership of the leased asset, and assure that the lessee will use the Project asset appropriately, either through a "Lease and Supervisory Agreement" between the Recipient and lessee, or another similar document. Upon request by FTA, the Recipient agrees to provide a copy of any relevant documents. g. Disposition of Project Property. With prior FTA approval, the Recipient maysell, transfer, or lease . p Project property and use the proceeds to reduce the gross project cost of other eligible capital transit projects to the extent permitted by 49 U.S.C. § 5334(g)(4). Nevertheless, the Recipient agrees that FTA may establish the useful life for Project property, and that the Recipient will use Project property continuously and appropriately throughout that useful life. :411) (1) Project Property Whose Useful Life Has Expired. When the useful life of Project Property has J p p Y expired, the Recipient agrees to comply with FTA's disposition requirements. �7 of 4R 52/)1/f1')4-dc P1�A MRSTEk A iREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html (2) Project Property Prematurely Withdrawn from Use. For property withdrawn from appropriate use before its useful life has expired, the Recipient agrees as follows: Notification Re uirement. The Recipient agrees to notify FTA immediately when any Project real (a) q property, equipment, or supplies are prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. (b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Recipient agrees that the Federal Government retains a Federal interest in the fair market value of Project property prematurely withdrawn from mass transportation use. The amount of the Federal interest in the property shall be determined on the basis of the ratio of the Federal assistance awarded by the Federal Government for the property to the actual cost of the Property. The Recipient agrees that the fair market value ofro ert prematurely withdrawn from use will be calculated as follows: p p Y 1. Equipment and Su lies. Unless otherwise determined in writing by FTA, fair market value shall _ pp be calculated by straight-line depreciation of the equipment or supplies, based on the useful life of the equipment or supplies established or approved by FTA. The fair market value of equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of that property from use. In the case of equipment or supplies lost or damaged by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of that property immediately before the fire, casualty, or natural disaster, irrespective of the extent of insurance coverage. As authorized by 49 C.F.R. § 18.32(b), a State may use its own disposition procedures, provided that those procedures comply with the State's laws. 2. Real Property. The Reci Recipient agrees that the fair market value of real property shall be determined p either by competent appraisal based on an appropriate date approved by the Federal Government, as provided by 49 C.F.R. Part 24, or by straight line depreciation, whichever is greater. 3. Exceptional Circumstances. The Federal Government reserves the right to require the use of another method of determining the fair market value of property. In unusual circumstances, the may Recipientrequest that another reasonable valuation method be used including,but not limited p to, accelerated depreciation, comparable sales, or established market values. In determining whether to approve such a request, the Federal Government may consider any action taken, omission made, or pp unfortunate occurrence suffered by the Recipient with respect to the preservation or conservation of Project property withdrawn from appropriate use. (c) Obligations to the Federal Government. Unless otherwise approved in writing by the Federal Government, the Recipient is required to remit to the Federal Government the Federal interest in the fair market value of Project real property, equipment, or supplies prematurely withdrawn from appropriate use. In the case of fire, casualty, or natural disaster, the Recipient may fulfill its responsibilities with respect to the Federal interest remaining in the damaged equipment or supplies by either: 1. Investing an amount equal to the remaining Federal interest in like-kind equipment or supplies that are eligible for assistance within the scope of the Project that provided financial assistance for the damaged equipment or supplies; or 2. Returning to the Federal Government an amount equal to the remaining Federal interest in the damaged property. h. Transportation - Hazardous Materials. The requirements of Research and Special Programs n",Inn A.A C Tl MASTER AGREEMENT 2002 http://wuw.fta.dot.gov/libray/legal/agreements/2002/i.a.html Administration, "Shippers - General Requirements for Shipments and Packagings," 49 C.F.R. Part 173, apply to the transportation of hazardous materials. i. Misused or Damaged Project Property. If any damage to Project real property, equipment, or supplies results from abuse or misuse of that property occurring with the Recipient's knowledge and consent, the Recipient agrees to restore that real property or equipment to its original condition or refund the value of the Federal interest in the damaged property, as the Federal Government may require. j. Obligations After Project Closeout. A Recipient that is a State, local, or Indian tribal government agrees that Project closeout will not alter its property management obligations of Section 19 of this Master Agreement and applicable Federal regulations and other FTA requirements or directives. Top Section 20. Insurance. In addition to any other insurance requirements that may apply in connection with the Project, the Recipient agrees as follows: a. Minimum Requirements. At a minimum, the Recipient agrees to comply with the insurance requirements normally imposed by the laws, regulations, and ordinances imposed by its State and local governments. b. Flood Hazards. To the extent applicable, the Recipient agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012a(a), with respect to any Project activity involving construction or acquisition having an insurable cost of$10,000 or more. Top Section 21. Relocation. When relocation of individuals or businesses is required, the Recipient agrees to comply with the following requirements: a. Relocation Protections. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interests in real property acquired for Project purposes regardless of Federal participation in purchases. b. Nondiscrimination in Housing. The Recipient agrees to comply with Title VIII of the Civil Rights pY g Act of 1968, as amended, 42 U.S.C. §§ 3601 et seq. and Executive Order No. 12892, "Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42 U.S.C. § 3 608 note, when carrying out its responsibilities to provide housing used to meet Federal relocation requirements. c. Prohibition Against Use of Lead-Based Paint. In undertaking construction or rehabilitation of residence structures on behalf of individuals affected by land acquisition in connection with the n A _r A n 2/11/n1 A•A c 1731‘ MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html Project, the Recipient agrees to refrain from using lead-based paint in accordance with Section 401(b) of the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § 4831(b). Top Section 22. Real Property. For Projects involving real property, the Recipient agrees as follows: a. Land Acquisition. The Recipient agrees to comply with the Uniform Relocation Assistance and p Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally g Assisted Programs," 49 C.F.R. Part 24. These requirements apply to all interests in real property acquired for Project purposes regardless of Federal participation in purchases. • b. Covenant Assuring Nondiscrimination. The Recipient agrees to include a covenant in the title of the real property to assure nondiscrimination during the useful life of the Project. c. RecordingTitle to Real Property. To the extent required by FTA, the Recipient agrees to record q the Federal interest in the title of real property. d. FTA Approval of Changes in Real Property Ownership. The Recipient agrees that it will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from FTA. Top Section 23. Construction. For activities involving construction, the Recipient agrees as follows: a. Drafting, Review, and Approval of Construction Plans and Specifications. To the extent required by FTA, the Recipient agrees to comply with FTA requests pertaining to the drafting, review, and approval of construction plans and specifications.. b. Supervision of Construction. The Recipient agrees to provide and maintain competent and p adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications. c. Construction Reports. The Recipient agrees to provide progress reports and such other information as may be required by FTA or the State. d. Project Management for Major Capital Projects. To the extent applicable, the Recipient agrees to comply with FTA regulations, "Project Management Oversight," 49 C.F.R. Part 633, and any revision thereto. e. Seismic Safety. The Recipient agrees to comply with the U.S. DOT regulations at 49 C.F.R. Part 41, Executive Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or Regulated New Building Construction," 42 U.S.C. § 7704 note, pursuant to the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S. C. §§ 7701 et seq., pertaining to seismic safety in DOT assisted construction projects (specifically, 49 C.F.R. § 41.117), and with any implementing guidelines FTA may issue. MASTER AGREEMENT 2002 http://www.fta.dot.gov/library!legal/agreemerits/2'0102/Ma.htm Top Section 24. Employee Protections. a. Construction Activities. The Recipient agrees to comply, and assures the compliance p e of each third party contractor at any tier and each subrecipient at any tier, with the following employee protection requirements for construction employees: (1) Davis-Bacon Act, as amended, 40 U.S.C. §§ 276a - 276a(7), FTA's enablinglegislation . g on requiring compliance with the Davis-Bacon Act, at 49 U.S.C. § 5333(a), and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and SafetyJ Standards Act)," 29 C.F.R. Part 5; (2) Contract Work Hours and SafetyStandards Act, as amended,ded, particularly with the requirements of section 102 of the Act, 40 U.S.C. §§ 327 - 332; and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work • Hours and Safety Standards Act)," 29 C.F.R. Part 5; and with section 107 of the Act, 40 U.S.C. 333, and U.S. DOL regulations, "Safety and Health Regulations.for Construction," 29 C.F.R. Part 1926; and (3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. 874 and 40 U.S.C. § § 276c, and U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. Part 3. b. Activities Not Involving Construction. The Recipient agrees to comply, and assures the p compliance of each third party contractor and each subrecipient at any tier, with any applicable licable employee protection requirements for nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 327 - 332, and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. c. State and Local Government Employees. The Recipient agrees that the minimum wage and � g overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. 206 and 207, apply . §§ pp Y to employees performing Project work involving commerce, and apply to any State or local government employees that are public transit authority employees. Thus, the Recipient, including a State or local government recipient, agrees to comply with the Fair Labor Standards Act's minimum wage and overtime requirements for employees performing Project work. d. Transit Employee Protective Arrangements. If the Grant Agreement or Cooperative Agreement g1" p gr ment indicates that transit employee protective arrangements required by U.S.USDOL apply to transit pp Y operations performed in connection with the Project, the Recipient agrees to comply with the applicable requirements for its Project as follows: (1) Standard Transit Employee Protective Arrangements. To the extent that the Project involves • transit operations, the Recipient agrees to implement the Project in compliance with terms and conditions the U.S. Secretary of Labor has determined to be fair and protect u eqitablto the interests of any employees affected by the Project and that meet the requirements of 49 U.S.C. 5333(b), and q § of the U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215 and any L r 4O MASTER A3REEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html amendments thereto. These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FTA, the date of which appears in the Grant Agreement or Cooperative Agreement. The Recipient agrees to implement the Project in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification and any documents that may be cited therein are incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. The requirements of this Subsection 24.d(1) of this Master Agreement do not appY 1 to Projects for the elderly and persons with disabilities that are authorized by 49 U.S.C. § 5310(a)(2) or to Projects for nonurbanized areas that are authorized by 49 U.S.C. § 5311; separate requirements for those Projects are contained in Subsections 24.d(2) and 24.d(3), respectively, of this Master Agreement. Transit Employee Protective Arran, ements for Projects for Elderly and Persons with Disabilities (2) � Authorized by 49 U.S.C. § 5310(a)(2). To the extent that the U.S. Secretary of Transportation has determined or determines in the future that employee protective arrangements required by 49 U.S.C. 5333(b) are necessary or appropriate for a public body subrecipient under the Project, the Recipient agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor as necessary to meet the requirements of 49 U.S.C. § 5333(b), and the U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FTA, the date of which appears in the Grant Agreement. The Recipient agrees to implement the Project in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification and any documents that may be cited therein are • incorporated by reference and made part of the Grant Agreement. (3) Transit Employee Protective Arrangements for Projects in Nonurbanized Areas Authorized by 49 U.S.C. 5311. The Recipient agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing procedures, and any revisions thereto. Top Section 25. Environmental Requirements. The Recipient recognizes that many Federal and State laws imposing environmental and resource conservation requirements may apply to the Project. Some, but not all, of the major Federal laws that may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq.; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. and scattered sections of 29 U.S.C.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 et seq. The Recipient also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect the Project. Thus, the Recipient agrees to comply, and assures the compliance of each subrecipient and each third party contractor, with any such Federal requirements as the Federal Government may now or in the future promulgate. Listed below are requirements of particular concern to FTA and the Recipient. The Recipient agrees that those laws and regulations do not constitute the Recipient's entire obligation to meet all Federal environmental and resource conservation requirements. a. Environmental Protection. The Recipient agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq., Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 n/n,in, A.AC 171 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library'legal/agreemei:ts/2002a.html note; FTA statutory requirements at 49 U.S.C. § 5324(b); Council on EnvironmentalQuality. regulations pertaining to compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; the joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622, and, whenromui ated FHWA/FTA joint regulations, g "NEPA and Related Procedures for Transportation Decisionmaking, g Protection of Public Parks, Wildlife and Waterfowl Refuges, and Historic Sites," 23 C.F.R. Part 1420 and 49 C.F.R. Part 623. b. Air Quality. The Recipient agrees to comply withall applicable regulations, standards,Y g or orders implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. In addition : (1) The Recipient agrees to comply with the applicable requirements of the U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93. To support the requisite air quality conformity finding for the Project, the Recipient agrees to implement each air quality mitigation or control measure incorporated in the Project. The Recipient further agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent with the design concept and scope of the Project described in the SIP. (2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, that may apply to transit operators, particularly operators of large transit bus fleets. Accordingly, the Recipient p agrees to comply with the following U.S. EPA regulations to the extent they are applicable to the Project: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600. (3) The Recipient agrees to comply with the notification of violating facilities requirements of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note. c. Clean Water. The Recipient agrees to comply with all applicable standards, orders, or regulations ons issuedpursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. In addition: (1) The Recipient agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f et seq. q (2) The Recipient agrees to comply with the notification of violating facilities requirements of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note. d. Use of Public Lands. The Recipient agrees that no publicly owned land from aP ark recreation area, or wildlife or waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from a historic site of national, State, or local significance may be used for the Project unless FTA makes the specific findings required by 49 U.S.C. § 3 03. e. Wild and Scenic Rivers. The Recipient agrees to comply with the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. §§ 1271 et seq. relating to protecting components of the national wild ►X of 48 Rifling a•d. PM r MASTEk AiREEMENT 2'002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.htrnl and scenic rivers system. f. Coastal Zone Management. The Recipient agrees to assure Project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. §§ 1451 et seq. g. Wetlands. The Recipient agrees to comply with the protections for wetlands in accordance with Executive Order No. 11990, as amended, "Protection of Wetlands," 42 U.S.C. § 4321 note. h. Floodplains. The Recipient agrees to comply with the flood hazards protections in floodplains in accordance with Executive Order No. 11988, as amended, "Floodplain Management" 42 U.S.C. § 4321 note. i. Endangered Species. The Recipient agrees to comply with protections for endangered species of the Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq. j. Historic Preservation. The Recipient agrees to facilitate compliance with the Federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f; of Executive Order No. 11593, "Protection and Enhancement of the Cultural Environment," 16 U.S.C. § 470 note; and of the Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a et seq. as follows: (1) In accordance with U. S. Advisory Council on Historic.Preservation regulations, "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Recipient agrees to consult with the State Historic Preservation Officer concerning investigations to identify properties and resources included in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and agrees to notify FTA of any affected properties. (2) The Recipient agrees to comply with all Federal requirements to avoid or mitigate adverse effects on those historic properties. k. Environmental Justice. The Recipient agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 U.S.C. § 4321 note. 1. Mitigation of Adverse Environmental Effects. Should the Proposed project cause or result in adverse environmental effects, the Recipient agrees to take all reasonable measures to minimize those adverse effects, as required by 49 U.S.C. § 5324(b), and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R. Part 622 and, when promulgated, with new FHWA/FTA regulations, "NEPA and Related Procedures for Transportation Decisionmaking, Protection of Public Parks, Wildlife and Waterfowl Refuges, and Historic Sites," 23 C.F.R. Part 1420, and 49 C.F.R. Part 623. The Recipient agrees to comply with all environmental mitigation measures that may be identified as commitments in applicable environmental documents (i.e., environmental assessments, environmental impact statements, memoranda of agreement, and documents required by 49 U.S.C. § 303) and agrees to comply with any conditions the Federal Government might impose in a finding of no significant impact or a record of decision. The Recipient agrees that those mitigation measures are incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. The Recipient agrees that deferred mitigation measures will be incorporated by reference and made part of the Grant Agreement or Cooperative Agreement as soon as agreement with the Federal Government is reached and understands that those mitigation measures agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. r•� - 0P I, A.AC DA MASTER AGREEMENT 2002 http://www.fta.dot.gov/library'/legal/agreements/2002/rna.htin Top Section 26. Energy Conservation. The Recipient agrees to comply with the mandatory energy efficiencystandards and policies within the applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq. Top Section 27. State Management and Monitoring Systems. The Recipient agrees to comply with applicable requirements of joint FHWA/FTA regulations, "Management and Monitoring Systems," 23 C.F.R. Parts 500 and 49 C.F.R. Part 614, to the extent applicable. Top Section 28. Charter Service Operations. The Recipient agrees that neither it nor any transit operator performing work in connection with the Project will engage in charter service operations, except as permitted by 49 U.S.C. § 5323(d) and FTA regulations, "Charter Service," 49 C.F.R. Part 604, and any amendments thereto that may be issued. Any charter service agreement required by these regulations is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Top Section 29. School Transportation Operations. The Recipient agrees that neither it nor any transit operator performing work in connection with the Project will engage in school transportation operations for the transportation of students or school personnel exclusively in competition with private school transportation operators, except as permitted by 49 U.S.C. § 5323(f) and FTA regulations, "School Bus Operations," 49 C.F.R. Part 605, and any amendments thereto that may be issued. Any school transportation agreement required by these regulations is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Top Section 30. Metric System. As required by U.S. DOT or FTA, the Recipient agrees to use the metric system of measurement in its Project activities, pursuant to the Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act, 15 U.S.C. §§ 205a et seq.; Executive Order No. 12770, "Metric Usage in Federal Government Programs," 15 U.S.C. § 205a note; and other U.S. DOT or FTA regulations, guidelines, and policies. To the extent practicable and feasible, the Recipient agrees to accept products and services with dimensions expressed in the metric system of measurement. Top to/lT d2 11 n ". MA'STEk AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html Section 31. Substance Abuse. The Recipient agrees to comply with the following Federal substance abuse regulations: a. Drug-Free Workplace. U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. §§ 702 et seq. b. Alcohol Misuse and Drug Use. FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable. Top Section 32. State Safety Oversight of Rail Fixed Guideway Public Systems. To the extent applicable, the Recipient agrees to comply with 49 U.S.C. § 5330, and FTA regulations, "Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. Part 659, and any guidance that FTA or U.S. DOT may issue to implement 49 U.S.C. § 5330. Top Section 33. Seat Belt Use. Pursuant to Executive Order No. 13043, April 16, 1997, 23 U. S. C. § 402, the Recipient is encouraged to adopt on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-operated vehicles and include this provision in third party contracts, third party subcontracts, and subagreements entered into under this Project. Top Section 34. Special Requirements for Urbanized Area Formula Projects. The following requirements apply to all Projects financed with Federal assistance authorized for 49 U.S.C. § 5307: a. Fares and Services. Before raising fares or instituting a major reduction of service, the Recipient agrees to use its established administrative process to solicit and consider public comment. b. Audit Requirements. The Recipient agrees that the Federal Government may conduct or require the Recipient to engage an independent entity to conduct annual or more frequent reviews and audits required by 49 U.S.C. § 5307(i) and applicable regulations or guidelines that the Federal Government may issue. c. Half-Fare Requirements. The Recipient agrees that the fares or rates charged the elderly and persons with disabilities during nonpeak hours for transportation using or involving Project facilities and equipment will not exceed one-half of the rates that generally apply to other persons at peak hours, whether the operation of such facilities and equipment is by the Recipient or another entity under lease or otherwise. The Recipient agrees to give the rate required herein to any person presenting a Medicare card duly issued to that individual pursuant to Title II or Title XVIII of the Social Security Act, 42 U.S.C. §§ 401 et seq., and 42 U.S.C. §§ 1395 et. seq. d. Procurement of an Associated Capital Maintenance Product. In accordance with the terms of 49 U.S.C. § 5326(d), the Recipient may, without prior Federal approval, procure an eligible associated 0P'11/nil A.AC D1t MASTER AGREEMENT 2002 http://www.fta.dot.gov/libraryaegal/agreemehts/2002/ma.html capital maintenance product by contract directly with the original supplier or manufacturer of the item to be replaced, provided that the Recipient: (1) first certifies in writing that such manufacturer or supplier is the only source of that item and the price of that item is no higher than the pricep aid for that item by like customers, and (2) complies with applicable Buy America statutory and regulatory requirements. e. Transit Security. Each fiscal year, the Recipient agrees to spend at least one (1) percent of its funds authorized by 49 U.S.C. § 5307 for transit security Projects, unless the Recipient has certified to FTA that such expenditures are not necessary. f. Restrictions on the Use of Formula Assistance for Operations. A Recipient permitted to use Federal assistance authorized for 49 U.S.C. § 5307 to support operations agrees as follows: (1) To comply with the restrictions of 49 U.S.C. §§ 5307(b)(1) and 5307(f) in using urbanized area formula funds for operating assistance, unless permitted otherwise by FTA. (2) Financial assistance authorized by 49 U.S.C. § 5307 may be applied to the Net Project Cost of the Recipient's operating expenses incurred during the Project time period set forth in the Approved Project Budget and, with FTA approval, may be extended to a later date to the extent permitted by law, provided that the applicable operating assistance limitation is not exceeded. g. Reporting Requirements. For each fiscal year, the Recipient agrees to conform, and assures that any transit operator to which the Recipient provides funds authorized by 49 U.S.C. § 5307 will conform, to the reporting system and the uniform system of accounts and records required by 49 U.S.C. § 5335(a) for FTA's national transit database and FTA regulations, "Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630, which includes various reports required for FTA's national transit database. h. Criminal Sanctions. The criminal sanctions of 49 U.S.C. § 1001 apply to any submission or certificate provided in connection with the Urbanized Area Formula Program authorized by 49 U.S.C. § 5307. Top Section 35. Special Requirements for Elderly and Persons with Disabilities Formula Projects. The Recipient agrees to comply with following requirements in administering Projects financed with Federal assistance authorized for 49 U.S.C. § 5310: a. Eligible Subrecipients. If Federal financial assistance authorized for 49 U.S.C. § 5310 and awarded for the Grant Agreement has been designated for Projects to be undertaken by entities eligible for assistance in accordance with 49 U.S.C. § 5310(a)(2), the Recipient will provide assistance only to subrecipients that are: (1) a private nonprofit corporation or association meeting the special needs of the elderly and persons with disabilities for whom transit services are unavailable, insufficient, or inappropriate; (2) a public body approved by the State to coordinate services for the elderly and persons with disabilities; or (3) a public body that certifies to the Governor that no nonprofit corporations or associations are readily available in its area to provide service to meet the special needs of the elderly and persons with disabilities. b. State Procedures. The Recipient agrees to administer each Project financed with Federal assistance authorized for 49 U.S.C. § 5310 in accordance with FTA Circular 9070.1E, and any revision thereto, other applicable FTA guidance, and applicable Federal statutes and regulations. To the extent, ,Nr AQ QI')2/n')d•dc P . MASTER AGREEMENT 2' 02 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html however, that any existing or subsequent Federal statute or regulation conflicts with the provisions of FTA Circular 9070.1E or any revision thereto, the Federal statute or regulation will apply. c. Eligible Project Activities. Federal financial assistance awarded for the Project may be used for eligible capital Projects specified under 49 U.S.C. § 5310 and may include meal delivery service to the extent permitted by 49 U.S.C. § 5310(h). d. Transfer of Assets. In addition to the statutory authority of 49 U.S.C. § 5334(g) permitting the transfer of Project assets, the Recipient may also transfer facilities and equipment acquired with financial assistance authorized for 49 U.S.C. § 5311 to any entity eligible to receive assistance under 49 U.S.C. Chapter 53, provided that the subrecipient currently in possession of those facilities or equipment consents to the transfer and the facilities or equipment will continue to be used in accordance with the requirements of 49 U.S.C. § 5311. • Top Section 36. Special Requirements for Nonurbanized Area Formula Projects. The Recipient agrees to comply with following requirements in administering Projects financed with Federal assistance authorized for 49 U.S.C. § 5311: a. State Procedures. The Recipient agrees to administer each Project financed with Federal assistance authorized for 49 U.S.C. § 5311 in accordance with FTA Circular 9040.1E, and any revision thereto, other applicable FTA guidance, and applicable Federal statutes and regulations. To the extent, however, that any existing or subsequent Federal statute or regulation conflicts with the provisions of FTA Circular 9040.1E or any revision thereto, the Federal statute or regulation will apply. b. Eligible Project Activities. Federal financial assistance provided for the Grant Agreement and g � subagreements may be used for transit Projects in areas other than urbanized areas. These Projects must be eligible for Federal financial assistance authorized for 49 U.S.C. § 5311, and may include purchase of service agreements with private providers of transit service and meal delivery service, to the extent permitted by 49 U.S.C. § 5311. c. Transfer of Assets. In addition to the statutory authority of 49 U.S.C. § 5334(g) permitting the transfer of Project assets, the Recipient may also transfer facilities and equipment acquired with financial assistance authorized for 49 U.S.C. § 5311 to any entity eligible to receive assistance under 49 U.S.C. Chapter 53, provided that the subrecipient currently in possession of those facilities or equipment consents to the transfer and the facilities or equipment will continue to be used in accordance with the requirements of 49 U.S.C. § 5311. d. Restrictions on the Use of Formula Assistance for Operations. Formula assistance authorized for 49 U.S.C. § 5311 provided for the Grant Agreement or subagreements for operating assistance may be applied to the Net Project Cost of the subrecipient's operating expenses incurred during the Project time period specified for the Project, and, with FTA approval, may be extended to a later date to the extent permitted by law. e. Intercity Transportation. The Recipient agrees to spend at least fifteen (15) percent of its funds authorized for 49 U.S.C. § 5 311 each fiscal year for intercity transportation Projects, unless the State's chief executive officer has certified to FTA that the State's intercity bus service needs are being adequately met. Top 0 //V1 A.A C T711 MASTER AGREEMENT 2002 http://www.fta.dot.gov/l ibrary;;l egal/agreemehts/2002/1!ia.htrn Section 37. Special Requirements for Clean Fuels Formula Projects. The Recipient agrees to comply with following requirements in administering Projects financed with Federal assistance authorized for 49 U.S.C. § 5308: a. General Requirements. When promulgated, the Recipient agrees to comply with FTA regulations, "Clean Fuels Formula Grant Program," 49 C.F.R. Part 624, and any other applicable Federal requirements or guidance that may be issued. b. Requirements to Use Clean Fuels. The Recipient agrees to use only clean fuels in any vehicle acquired with Federal transit assistance funds authorized by 49 U.S.C. § 5308. c. Limitations on the Use of Funds. The Recipient agrees to use funds authorized by 49 U.S.C. § 5308 only for Projects approved by FTA, and obtain FTA concurrence before using those funds for other purposes. Top Section 38. Special Requirements for Research, Development, Demonstration, and Special Studies (Planning) Projects. The Recipient agrees to comply with following requirements: a. Project Report. The Recipient agrees to: (1) Prepare and make available a comprehensive report on the results of the Project, the conclusions reached, and the methods used. • (2) Include in each report appropriate notice that the report is being disseminated under the sponsorship of the U.S. Department of Transportation to foster information exchange, and that: (a) the U.S. Government assumes no liability for the contents or use of the report, (b) the U.S. Government is not endorsing manufacturers or products cited in the report, and (c) any trade name appearing within the report has been included only because it is essential to the content of the report. • b. Project Identification. The Recipient agrees that each tangible product developed in the course of or resulting from activities supported by the Grant Agreement or Cooperative Agreement shall be labeled with an appropriate sign or designation stating that the Project has been financed with Federal assistance provided by the U.S. Department of Transportation, Federal Transit Administration. Unless waived by FTA, this requirement applies to all equipment, hardware, construction, reports, data, or any similar items produced under the Grant Agreement or Cooperative Agreement. c. Protection of Human Subjects. The Recipient agrees to comply with the requirements of the National Research Act, Pub. L. 93-348, July 12, 1974, as amended, 42 U.S.C. §§ 289 et seq. pertaining to protections for human subjects participating in or involved in research, development, and related activities in connection with the Project, and with DOT regulations, "Protection of Human Subjects," 49 C.F.R. Part 11. d. Protection of Animals. The Recipient agrees to comply with the requirements of the Laboratory Animal Welfare Act of 1966, as amended, 7 U.S.C. §§ 2131 et seq. pertaining to the care, handling, and treatment of warm blooded animals involved in research, development, and related activities AA .,c 4Q Q/.71/ro a•aS P/1 MATE AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html involved in the Project. e. Export Control. The Recipient understands and agrees that any technical information developed under this Agreement may be subject to export control regulations under the Bureau of Export Administration of the U.S. Department of Commerce or of other Federal agencies, including the U.S. Departments of State, Treasury, or Defense. Accordingly, for any technical information regulated by U.S. export control regulations, the Recipient agrees that it will not export that technical information, or the direct product thereof, directly or indirectly, to any countries or foreign persons without first obtaining the necessary license(s) and/or other complying with any such export control regulations. Top Section 39. Special Requirements for Job Access and Reverse Commute Grant Projects. The Recipient agrees to comply with following requirements in administering Projects financed with Federal assistance authorized for section 3037 of TEA-21, 49 U.S.C. § 5309 note: a. General Requirements. The Recipient agrees to comply with any applicable Federal requirements or guidance that may be issued to implement the Job Access and Reverse Commute Grant Program, authorized by section 3037 of TEA 21, 49 U.S.C. § 5309 note. b. Restrictions on the Use of Grant Funds. The Recipient agrees that it will not use any grant funds awarded for Section 3037 Projects to support the costs of planning or coordination activities, in compliance with section 3037(e) of TEA-21, 49 U.S.C. § 5309 note. Top Section 40. Special Requirements for Over-the-Road Bus Accessibility Projects. The Recipient agrees to comply with following requirements in administering Projects financed with Federal assistance authorized for section 3038 of TEA-21, 49 U.S.C. § 5310 note: • a. General Requirements. The Recipient agrees to comply with any applicable Federal requirements or guidance that may be issued to implement the Over-the-Road Bus Accessibility Program authorized by section 3038 of TEA-21, 49 U.S.C. § 5310. b. Special Requirements. The Recipient agrees to comply with U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37, Subpart H, "Over-the-Road Buses," and joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38. c. FTA Notice. The provisions of FTA Notice, "Over-the-Road Bus Accessibility Program Grants," 66 Fed. Reg. 8060 - 8068 (January 26, 2001), and any subsequent revision thereto, supersede conflicting provisions of this Master Agreement. Top Section 41. Special Requirements for State Infrastructure Bank Projects. The Recipient agrees as follows: n�n inn A� Tl MASTER AGREEMENT 2002 http://www.fta.dot.gov/libraryiegal/agreements/1002/ina.htm • a. General Requirements. The Recipient agrees to administer the Project in accordance with the applicable requirements of: (1) section 350 of the National Highway System Designation Act of 1995, as amended, (NHS Act), 23 U.S.C. § 101 note, and any amendments thereto or subsequent legislation, (2) section 1511 of TEA-21, 23 U.S.C. § 181 note, and any amendments thereto or subsequent legislation, (3) any other applicable Federal guidance that may be issued, (4) the terms and conditions of U.S. Department of Labor Certification(s) of Transit Employee Protective Arrangements that are required by Federal law or regulations, (5) the gr Cooperative Agreement p establishing the State Infrastructure (SIB) program within the State (entered into by the Federal Highway Administrator, the Federal Transit Administrator, and the authorized State official), and (6) the FTA Grant Agreement providing Federal assistance for the SIB Project except, however, any J p > provision of this Master Agreement conflicting with applicable Federal SIB Guidelines, with the Cooperative Agreement establishing the SIB program within the State, or with this Grant Agreement will not apply to the Grant Agreement or the Project to the extent the SIBro am is involved. p �' b. Limitations on Accessing Federal Assistance in the Transit Account. The Recipient understands ds that the total amount of Federal assistance awar-ded for a Grant Agreement may not be available for immediate draw down. Thus, the State agrees to limit the amount of Federal assistance drawn down for deposit in the SIB to amounts not exceeding the limitations specified in its Grant Agreement or the Approved Project Budget for that Grant Agreement to the extent the SIBro am is involved. p � c. Latest Requirements Apply. The Recipient agrees to comply, and assures the compliance of the SIB and any subrecipient receiving Federal funding thereunder, with thea applicable requirements for pp the SIB program and amendments thereto, except as FTA determines otherwise. Top Section 42. Special Requirements for TIFIA Projects. To the extent applicable, the Recipient agrees to administer each Project financed with Federal assistance authorized for the Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA) program, in accordance with the requirements of: (1) 23 U.S.C. §§ 181 et seq., including g an Y amendments that may be enacted, (2) 49 U.S.C. §§ 5323(o), 5307, and 5309, and (3) the Joint U.S. DOT/FTA regulations, "Credit Assistance for Surface Transportation Projects," 49 C.F.R. Part 80 and 49 C.F.R. Part 640. Nevertheless, any provision of this Master Agreement that conflicts with 23 U.S.C. §§ 181 et seq, 49 U.S.C. §§ 5323(o), 5307, or 5309, or the Joint U.S. DOT/FTA regulations, "Credit Assistance for Surface Transportation Projects," 49 C.F.R. Part 80 and 49 C.F.R. Part 640 will not apply to the TIFIA Loan or Loan Guarantee for the Project thereunder. FTA reserves the right to declare the Recipient in violation of the Master Agreement if the Recipient has defaulted on a TIFIA loan or loan guarantee and such default has not been cured within 90 days. Top Section 43. Disputes, Breaches, Defaults, or Other Litigation. The Recipient agrees that FTA has a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to FTA. The Recipient agrees to notifyFTA of any current or prospective major dispute, breach, default, or litigation that may affect the Federal Government's interests in the Project or the Federal Government's administration or enforcement of Federal laws or regulations. If the Recipient seeks to name the Federal Government as a party to litigation for anyin anyforum, reason the Recipient agrees to inform FTA before doing so. FnfLIR 4 MASTER AGREEMENT 2002 http://www.fta.dot.gov/library/legal/agreements/2002/ma.html b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share, based on the percentage of the Federal share awarded for the Project, of proceeds derived from any third party recovery, except that the Recipient may return any liquidated damages recovered to its Project Account in lieu of returning the Federal share to the Federal Government. c. Enforcement. The Recipient agrees to pursue all legal rights provided within any third party contract. d. FTA Concurrence. FTA reserves the right to concur in any compromise or settlement of any claim involving the Project and the Recipient. e. Alternative Dispute Resolution. FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate. Top Section 44. Amendments to the Project. The Recipient agrees that a change in Project conditions causing-an inconsistency with the terms of the Grant Agreement or Cooperative Agreement will require an amendment to the Grant Agreement or Cooperative Agreement signed by the original signatories. The Recipient agrees that a change in the fundamental information submitted in its Application will also require an Amendment to its Application or the Grant Agreement or Cooperative Agreement. Top Section 45. FTA's Electronic Award and Management System. Except as otherwise permitted by FTA, the Recipient agrees to use FTA's electronic award and management system to submit information and reports to FTA. FTA, however, reserves the right to determine the extent to which the Recipient may use FTA's electronic award and management system to execute legal documents pertaining to FTA Projects. Top Section 46. Information Obtained Through Internet Links. This Master Agreement may include electronic links to Federal statutes, regulations, directives, guidance, and other documents. FTA does not guarantee the accuracy of information accessed through such links. Accordingly, the Recipient agrees that information obtained through any electronic link within this Master Agreement does not represent an official version of a Federal statute, regulation, requirement, guidance, or document, and might be inaccurate. Thus, information obtained through such links is neither incorporated by reference nor made part of this Master Agreement. The Federal Register and the Code of Federal Regulations are the official sources for regulatory information pertaining to the Federal Government. Top Section 47. Severability. If any provision of the Grant Agreement or Cooperative Agreement is held invalid, the remainder of MASTER AGREEMENT 2002 http://www.fta.dot.gov/libraiy/legal/agreet„ents/2002/ma.html the Agreement shall not be affected, if that remainder would continue to conform to the requirements of applicable law. FTA Navigational Links Bookshop Links to Other Sites Search Grantees Page Site Map What's New http://www.fta.dot.gov/library/legal/agreements/2002/ma.html 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: October 02, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT: DISCUSSION/POSSIBLE ACTION REGARDING INITIATION OF ANNEXATION MAP FOR APPROXIMATELY 15.036 ACRES OF UNINCORPORATED TERRITORY KNOWN AS KILANNA PROPERTY LOCATED ON THE EAST SIDE OF ORACLE ROAD (STATE ROUTE 77)NORTH OF THE HONEYWELL BUILDING AND SOUTH OF RAMS FIELD PASS ROAD SUMMARY: A letter of request was received on August 21, 2002 by Joe Donahue requesting to initiate annexation of a 15.036 acrearcel located on the south side of Ram's Field Pass just east of Oracle Road. Mr. Donahue also p requests that this parcel be included under the Oracle Road Scenic Corridor Overlay District. The Planning & Zoning Commission considered this request at their April 2, 2002 meeting and recommended that the Town Council proceed with this annexation request. The Town Council which had previously had considered this annexation at their August 01, 2002 meeting and did not take action due to applicants withdrawal of annexation request. The Town Council has recently acted on the ORSCD issue to applicant's satisfaction, and he would like to proceed with the annexation process. ATTACHMENTS : 1. Map of proposed Annexation Area. 2. Letter of request from Joe Donahue dated September 18, 2002. SUGGESTED MOTION: I move to grant the Town Manager authority to initiate the filing of an annexation map on the 15.03 6 acres of unincorporated territory known as the Kilanna property. t X 40 aSpeci. ' ,•'ects Coordinat r 04 eyi f 1 1 lir/ , r Town Manager KILANNA PROPERTIES, LLC 10909 N. POMEGRANATE DR. ORO VALLEY, AZ 85737-9543 (520) 544-3721 September 18, 2002 Chuck Sweet Town Manager Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Dear Mr. Sweet: I am writing to you regarding a 15 acre parcel of property owned by Kilanna Properties, LLC located on the south side of Ram's Field Pass just east of Oracle Road identified by the following state code numbers: Book Map Parcel Area Code 220 11 07506 1000 220 04 010K3 1006 The parcel is currently located in Pima County. We are requesting that the property be annexed into the Town of Oro Valley. At this time, the property is in escrow with TJ Bednar & Co. and it is their desire to build single-family courtyard homes on the property after it is annexed into Oro Valley. In order to do so, we are also requesting that this parcel be included under the Oracle Road Scenic Corridor Overlay District (ORSCOD) to allow the utilization of the cumulative zoning provisions of that ordinance. We would like to request that your office begin the process of annexation at your earliest convenience. Please let me know if there is anything else you need from us at this time in order to initiate this annexation. Sincerely, so64-Ue,ii-t_____ Joe Donahue Member Kilanna Properties, LLC Day phone — 520-617-0072 Ext. 500 Cell phone — 520-603-5821 A = G V. W .......4. • t�L4-, i p � ›- Wtl 1 . ...‘ ,,. 16 VI I 4_ c��c ' le c ` C ....e°—: ., Cr C Qe, C r Q L.� �., Cvim r ccs c x. C ^C . C _ ._ `C_. F_ > C ``` ' Mme+ z liJ1 � ":7, ¢ Y G "" Q E ! tr.' L F- C—MV. ..,-t%,-,, 0 ,tig jt: t ...; ,..,. a ,:ii z � it o^�► C C fes. -Z C ��• Q -1-1 -6, = � ~qq � Q Z 4'Ct � L M,r, ,te/' UELi.igEc 7.- JWF Z C t.' CN C �• i� 1" n • z V }-1:-, ,c E i s E CC`s E W 1 ,, Q �I _ �, E>-:-. �, per, 0 L rz N x L c VI4<c<c i G �a�c3 --J' F- g.c w Z N / / , r...... E_. // . , 4t1PN-\41'\‘ k4,,.,, L/ °t N 4.,\(/ 's'''C,tt , \.._i /k. 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Q S ; 1 11 l .................„ 5 TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: October 2, 2002 TO: HONORABLE MAYOR & COUNCIL FROM: David Andrews, Finance Director SUBJECT: FISCAL YEAR 2003-2004 CAPITAL IMPROVEMENTS PROGRAM SUMMARY: The Capital Improvement Program (CIP) assists in the implementation of the Oro Valley General Plan by: ■ Developing a prioritized schedule of short range and long range community capital needs ■ Providing a means for evaluating projects ■ Analyzing the community's ability and willingness to pay for projects in the most cost-effective way CIP is the method by which Oro Valley determines future infrastructure requirements and plan the financing of facilities and equipment to provide services over a five year period. ;IP Process: Staff is preparing to commence the Capital Improvements Program (CIP) process in accordance with Section 1-02 G of the Oro Valley Zoning Code Revised. The process will follow that of previous years including a technical advisory committee (TAC) and a consultant-moderator involved, with Staff, in analyses of community needs, public outreach, and development of a prioritized CIP. Capital Projects: Capital projects are those that cost over $10,000, have an expected useful life of two years or more, and become an asset to the town. CIP Schedule: ■ September Project requests submitted to Staff ■ October TAC evaluates criteria and sets the process ■ November TAC evaluates project requests ■ December Evaluation Criteria and request list reviewed by Planning and Zoning Commission and approved by the Town Council ■ January TAC prioritizes requests and recommends FY 2003-2004 capital improvement expenditures ■ February CIP reviewed by Commission and adopted by Town Council CIP Technical Advisory Committee The Technical Advisory Committee is made up of department and division heads. In addition, TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 of 2 members of the appropriate boards and commissions are represented on the TAC for the expertise they provide. The Parks and Recreation Board Advisory Board and Budget and Bond Committee are represented on the TAC for their experience with specific facilities and with the Town's finances, respectively. The Planning and Zoning Commission and Development Review Board representatives are on the CIP TAC, as they review numerous large developments. Their knowledge of development helps to provide a citizen's prospective on the past and future growth of the Town. ATTACHMENTS: 1. CIP FY 2003-2004 Proposed Technical Advisory Committee RECOMMENDATION: Staff recommends that the Council approve the attached Technical Advisory Committee list and appoint a Council member to the CIP technical advisory committee. SUGGESTED MOTION: I move to approve the attached CIP Technical Advisory Committee list and appoint as the Council's representative to the CIP TAC. litC2 David L. Andrews Finance Direct. Chuck Sweet Town Manager CIP FY 2002-03 Proposed Technical Advisory Committee Name Role 1 Chuck Sweet Town Manager 2 Council Member* Town Council 3 Kathi Cuvelier Town Clerk 4 Danny Sharp Chief of Police Dan Dudley/ 5 Acting Town Attorney Town Attorney 6 Bill Jansen Town Engineer 7 Alan Forrest Water Utility Director 8 David Andrews Finance Director 9 George Dunscomb Magistrate 10 Brent Sinclair Community Development Director 11 Jeff Weir Economic Development Administrator 12 Kevin Verville Information Systems Administrator Ainsley Reeder Parks and Recreation Administrator 13 Al Kunisch Development Review Board 14 To Be Decided Planning and Zoning Commission 15 Doug White Parks and Recreation Advisory Board 16 Todd Jaeger Amphitheater School District 17 Bob Jennens Budget &Bond Committee 18 Kit Connelly Citizen 19 David Williams Citizen * to be appointed