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HomeMy WebLinkAbout10/06/2009 Council Agenda PacketREGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 6, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice. Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all payers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times andlor places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Regular Council Meeting -October 6, 2009 -Page 1 of 164 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.co_m, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, October O5, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.maranacom under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P 1: Presentation: Relating to the Marana Regional Airport; providing an update on the Marana Regional Airport three to five year short range plan with the objective of increasing aviation and non-aviation revenues and asking for direction (Barbara Johnson) ANNOUNCEMENTS/UPDATES PROCLAMATIONS (1) Arizona Cities & Towns Week (2) Marana Senior Center Day MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, Regular Council Meeting -October 6, 2009 -Page 2 of 164 including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2009-168: Relating to Development; approving a release of assurances for San Lucas Block 9 and acceptance of public improvements for maintenance (Keith Brann) C 2: Resolution No. 2009-169: Relating to Utilities; approving and authorizing the Utilities Director to execute agreements with the Northwest Water Providers in a total amount not to exceed $50,000 in FY 2010 in support of and directly relating to the development of a delivery system for the Town of Marana's Central Arizona Project water (Dorothy O'Brien) C 3: Resolution No. 2009-170: Relating to Community Development; approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2009-2010 Community Development Block Grant program (T VanHook) C 4: Resolution No. 2009-171: Relating to the Police Department; approving and authorizing full execution of a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Homeland Security - Urban Security Initiative Grant Program (T VanHook) C 5: Resolution No. 2009-172: Relating to Community Development; authorizing an agreement between the Marana Chamber of Commerce, Inc. an Arizona 501(c)(6) non- profit organization to support the Marana Visitor Center and economic development activities performed on behalf of the Town of Marana (T VanHook) C 6: Resolution No. 2009-173: Relating to Community Development; granting $36,000 in Funding to the Marana Western Heritage Committee, Inc. an Arizona 501(c)(3) non-profit organization to support youth activities at the Marana Heritage Arena (T VanHook) C 7: Resolution No. 2009-174: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Grant Program (T VanHook) C 8: Resolution No. 2009-175: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 12 (Restuarant) liquor license submitted by Yun X. Lu on behalf of New Town Buffet located at 8500 N. Cracker Barrel Road (Jocelyn C. Bronson) C 9: Resolution No. 2009-176: Relating to Liquor Licenses; recommendation of approval to the State Liquor Board for permanent extension of premises for the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, Arizona (Jocelyn Bronson) C 10: Minutes of the September 15, 2009 regular council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.20: Relating to Development; approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Marana Road (Kevin Kish) Regular Council Meeting -October 6, 2009 -Page 3 of 164 A 2: Resolution. No. 2009-160: Relating to Development; approving a retail development tax incentive agreement regarding the Marana Mercantile development project and authorizing the Mayor to sign it (Frank Cassidy) A 3: Resolution No. 2009-177: Relating to Streets; modifying the Marana Major Routes Plan right-of--way width for Adonis Road to account for the relocation of the linear drainage buffer to an area adjacent to the Union Pacific Railroad (Keith Brann) A 4: Resolution No. 2009-178: Relating to Streets; conditionally reducing the Marana Major Routes Plan right-of--way width for Tangerine Road in the vicinity of Interstate 10, and providing for the automatic repeal of this resolution if the currently pending Tangerine Road/Interstate 10 traffic interchange design is not implemented (Keith Brann) A 5: Resolution No. 2009-179: Relating to Personnel; approving and authorizing an amendment to the Fiscal Year 2009-2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for an Airport Manager, and declaring an emergency (Suzanne Machain) A 6: Resolution No. 2009-180: Relating to Administration; approving a Social Media Use Administrative Directive for Town of Marana employees and elected and appointed officials; and declaring an emergency (Deb Thalasitis) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-00113 1, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -October 6, 2009 -Page 4 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item P 1 From: Barbara Johnson ,General Manager Public Services Strategic Plan Focus Area: Commerce Subject: Presentation: Relating to the Marana Regional Airport; providing an update on the Marana Regional Airport three to five year short range plan .with the objective of increasing aviation and non-aviation revenues and asking for direction Discussion: The Town of Marana recognizes Marana Regional Airport as a valuable transportation, public service and economic asset of both historic and contemporary significance. The Town's long-term vision for the airport is to maintain the airport's existing character and capabilities while balancing the needs of the Town's growth and respecting the surrounding community. Through a range of interviews with key stakeholders and the evaluation of available documents, several key conditions that currently affect, or have the potential to affect, the existing and future financial performance capabilities of the airport were identified. These conditions fall into several categories: • Airport Operational/Regulatory Issues • Airport Financial Management • Airport Management • Market Factors • Land Use and Zoning This presention is to provide you with the results of the findings and the staff evaluation. ATTACHMENTS: Name: Descriptiotl: Type: No Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting -October 6, 2009 -Page 5 of 164 _~.. __ ~~~ ~.3 E' `l. ~' -;; R~~ .,., ,. .. ,_. ~1C1CS:~.~~~~TO`~ T1S ~,: ~ owes ~: A'i ITIES ~~:` Proclamation ~~ d; "~:.'. Whereas the citizens of the Town of Marana rely on local government to f ' experience a high quality of life in our community; and '} tx IT d: .,~ ~, Whereas local governments around the state of Arizona work 24 hours a day, , seven days a week to deliver city services such as fire, police and emergency medical `" ~~ ` services to create safe communities; and Whereas the methods of funding these vital city services are not always clearly `: understood by citizens; and ';' Whereas it is one of the responsibilities of cityltown officials to ensure that _'''' n, ~ ~~ k,i. ', legislators, media and citizens understand their local government through open and }°~,; frequent communication using various avenues and means; and ~~, Whereas it is important to work to encourage this connection and inform citizens ~~' and state legislators of the importance of state shared revenues in order to preserve the "; 4,.': excellent delivery of services that our citizens have come to expect in our city; and ~~- Y: ':? L .. ~rEA Whereas through education and awareness, citizens, community leaders and .;~'y city staff can work together to ensure that services provided by the Town of Marano can ~~{ remain exceptional elements of the quality of life of our community. .t ~, q.:e ` ~' NOW, THEREFORE be it resolved that the Town of Marana joins with the ~'{ s '` League of Arizona Cities and Towns and fellow municipalities across the state of Arizona in declarin October 19-23, 2009, Arizona Cities & Towns Week. ~~ 9 ~" iµ ~'.i y+ ~' Dated this October 6, 2009. ~~ f ~;: ~,~ ~ F r Mayor Ed Honea `~ ,; ATTEST: ,/~ •~ f ~Q r~ ocelyn C"Bronson, Town Clerk Regular Ccunci P,~ee'ing - ^c',cber 6. 2009 -Page 6 cf 164 " <. MARANA SENIOR CENTER DAY PROCLAMATION WHEREAS older Americans are significant members of our society, investing their wisdom and experience to help enrich and better the lives of younger generations; and WHEREAS the Marana Senior Center has acted as a catalyst for mobilizing the creativity, energy, vitality and commitment of the older residents of Marana, Arizona; and WHEREAS through a wide array of services, programs and activities, senior centers empower older citizens of Marana and Pima County to contribute to their own health and well-being and the health and well-being of their fellow citizens of all ages; and WHEREAS, the Town of Marana Senior Center affirms the dignity, self-worth and independence of older persons by helping to facilitate their decisions and actions, tapping into their experiences, skills and knowledge and enabling their continued contributions to the community. NOW, THEREFORE, the Mayor and Town Council do hereby proclaim OCTOBER ~7, zoo9 MARANA SENIOR CENTER DAY And call upon all citizens to join the celebration from io:oo a.m. to 3:0o p.m. at the Marana Senior Center on October 7th to recognize the special contributions of the senior center participants and the special efforts of the staff and volunteers who work every day to enhance the well-being of older citizens of our community. Dated this 6th day of October, zoo9. z~ ~~~` Mayor Ed Honea ATTEST: celyn C. ronson, Town Clerk 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COiJNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Resolution No. 2009-168: Relating to Development; approving a release of assurances for San Lucas Block 9 and acceptance of public improvements for maintenance Discussion: This resolution will release the Assurance between DR Horton Inc. and Title Security Agency of Arizona, under Trust No. 965 and the Town of Marano, regarding San Lucas Block 9 as depicted on Exhibit A. San Lucas Block 9 is comprised of lots 1 through 95 and Common Areas `A', `B', `C' and `D' and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 82 In releasing said Assurances, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.68 miles of the following paved streets: • Artisan Way • Anasazi Passage Street • Chaco Journey Avenue • Magic Song Street • Maize Farm Avenue • Slate Rock Street • Caliche Drive The Town of Marana accepts for maintenance, a potable water system including 4,240 if of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $361,805. Financial Impact: Budgeted to Operations and Maintenance. ATTACHMENTS: Name: Description.: Type: ^ Resolution - 090831_San Lucas BIk9.doc Resolution Resolution ~ EX A San..Lucas_Block 9.pdf Exhibit A -Location Map Exhibit Staff Recommendation: Regular Council Meeting -October 6, 2009 -Page 8 of 164 Staff recommends Mayor and Council release the Assurances for San Lucas Block 9 and accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-168, approving a release of assurances for San Lucas Block 9 and acceptance of public improvements for maintenance. Regular Council Meeting -October 6, 2009 -Page 9 of 164 MARANA RESOLUTION N0.2009-168 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES. FOR SAN LUCAS BLOCK 9 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, San Lucas Block 9 is a 20.66 acre subdivision located south of Cochie Canyon Trail and east of Adonis Road ,containing lots 1-95, and common areas `A', `B', `C' and `D' and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 82; and WHEREAS, the Town has an Assurance Agreement assuring the completion of public improvements; and WHEREAS, DR Horton Inc., and has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for San Lucas Block 9; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. San Lucas Block 9 is hereby released from the Assurance Agreements with Title Security Agency of Arizona. under Trust 965. SECTION 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.68 miles of the following paved streets as shown on Exhibit A: • Artisan Way, Anasazi Passage Street, Chaco Journey Avenue, Magic Song Street, Maize Farm Avenue, Slate Rock Street, and Caliche Drive SECTION 3. The Town accepts for maintenance, a potable water system including 4,240 if of potable water line and 1,460 if of non-potable water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $361,805. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of October, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 10 of 164 ,W ~i~~~ ~ $-~~~ ~• z u e ra ~M W `x~ W ~~ g ~~ ~ ~ ~ ~ ~ ~ F F ~ ~ ~ ~~ ~ ~~ ~g~ n~ ~s ~ ~ ~y~~ ~ ~ ~~ ~~~ ~ € b ~ ~ a ~ ~ ~ ~ ~ ~ ~~~ ~~ ~ $ ~ ~ ~ ~q~< ~ ~~ ~~ X13 ~ ~~~ ~~ ~~ ~ ~~~ ~ ~ ~ GS ~ ~ ~ ~ a a C ~~ ~jP~ ~ F p( F p QF~Y ~ ~~•1 3 Z ~ „ - ~ ~ ~'"a ~~ ~~lyy ~ ~ ~~' d ~< ~~ ~ ~C Ryga ~~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ S ~ ~ ~~ ~ ~~ ~ ~ ~~ ~~ a ~? 8`< ~ ~ q y~~ ~'~~~ ~s~ ~ ~€ ~ ~ ~~ ~ ~a ~~~3 e ~ ~~e~a~~'~~ ~ ~~~ as ~ d rf i d d r d d d ~ N A .. d d - d d ~ d r{ i d d n d d d ~~ s ~~ ~r g ~~~~ ~~~~€ $~ ~~ ~i ~~ ~ ~~ >~ F F ~ o ~~ ~~ ~~~~ ~ ~ ~: d n5 i ~~ a€~ ~~~ ~~ ~ ~ s ~~~ ~~~ 7 c ~~ ~ ~~~ ~ d V' 0 rn m a Q1 0 0 N 0 U rn G N d 0 m ~ i e ?-~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Community Building, Progress and Innovation Item C 2 Subject: Resolution No. 2009-169: Relating to Utilities; approving and authorizing the Utilities Director to execute agreements with the Northwest Water Providers in a total amount not to exceed $50,000 in FY 2010 in support of and directly relating to the development of a delivery system for the Town of Marana's Central Arizona Project water Discussion: The Town of Marana, the Flowing Wells Irrigation District, the Metropolitan Domestic Water Improvement District and the Town of Oro Valley (all of whom are collectively referred to as the Northwest Water Providers) have been working together to determine the feasibility of a CAP water treatment and delivery system for the Northwest Water Providers' CAP allocations. In furtherance of that effort, the Northwest Water Providers entered into a 2006 Memorandum of Understanding (MOU) and a December 2008 Intergovernmental Agreement (IGA) to address study costs and other preliminary matters. To date the Northwest Water Providers have completed a water distribution alignment study and have evaluated various treatment plant site locations. The Northwest Water Providers now propose to move forward with a cooperative study with the Bureau of Reclamation and the University of Arizona to perform pilot testing on various treatment methodologies. In addition, the Northwest Water Providers steering committee has recommended moving forward with a lobbying services agreement in support of the CAP reliability reservoir and water treatment and delivery system project. To that end, the steering committee has prepared a memorandum of agreement (attached to the resolution as Exhibit A) to allocate the costs of the lobbying services agreement among the Northwest Water Providers. The MOU and the IGA provide a framework for dividing the costs of studies and other necessary work among the Northwest Water Providers. The total cost of the University of Arizona study is anticipated to be $70,000, and the total cost of the lobbying services memorandum of agreement is anticipated not to exceed $30,000. Under the cost-sharing framework, the Town's proportional share is 23.33%, so the Town's cost of these two contracts is anticipated to be about $23,333. Paragraph 7 of the existing IGA authorizes the Utilities Director to enter into agreements with the Northwest Water Providers to carry out necessary technical studies. This item seeks (1) confirmation of that authority with respect to the proposed University of Arizona agreement, (2) authorization to execute the agreement with the Northwest Water Providers with respect to the memorandum of agreement to pay for lobbying services, and (3) confirmation of the Utilities Director's authority to enter into future agreements with the Northwest Water Providers for studies consistent with the stated purposes of the Regular Council Meeting -October 6, 2009 -Page 12 of 164 IGA and MOU. The cumulative authority of the Utilities Director is in an amount not to exceed $50,000 in FY 2010. Financial Impact: This project was budgeted within this year's CIP. ATTACHMENTS: Name: Description.: ^ Reso re. NW Providers. authorization 00017383~_(30C Reso authorizing execution of NW Providers agreements ^ EX A NW M_O_.A.lobby.doc Exh A to Reso: MOA re lobbying services ^ NWProvders CAP_Lobbyst agreement (00017380).DOC Staff Recommendation: Lobbying Services Agreement Type: Resolution Exhibit Backup Material The Utilities Department recommends the approval of continuing the partnership with the Northwest Providers and recommends that the Council authorize the Director to enter into contracts related to that effort in the cumulative amount not to exceed $50,000 for FY 2010. Suggested Motion: I move to approve Resolution No. 2009-169, approving and authorizing the Utilities Director to execute agreements with the Northwest Water Providers in a total amount not to exceed $50,000 in FY 2010 in support of and directly relating to the development of a delivery system for the Town of Marana's Central Arizona Project water. Regular Council Meeting -October 6, 2009 -Page 13 of 164 MARANA RESOLUTION N0.2009-169 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE AGREEMENTS WITH THE NORTHWEST WATER PROVIDERS IN A TOTAL AMOUNT NOT TO EXCEED $50,000 IN FY 2010 IN SUPPORT OF AND DIRECTLY RELATING TO THE DEVELOPMENT OF A DELNERY SYSTEM FOR THE TOWN OF MARANA'S CENTRAL ARIZONA PROJECT WATER WHEREAS on June 6, 2006, the Town Council by Resolution No. 2006-78 authorized and approved a Memorandum of Understanding (MOU) between the Town of Marana, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District and the Town of Oro Valley, collectively referred to as the Northwest Water Providers; and WHEREAS on October 14, 2008, the Town Council by Resolution No. 2008-129 authorized and approved an Intergovernmental Agreement (IGA) between the Northwest Water Providers for a route. analysis project and additional future studies; and WHEREAS the MOU and IGA include a framework for cost sharing and reimbursement among the respective governing bodies; and WHEREAS the Northwest Water Providers have identified a cooperative research effort enlisting the support of the United States Bureau of Reclamation and the University of Arizona to be funded by a Northwest Water Providers agreement which falls within the authority granted by the IGA to the Utilities Director relating to additional studies; and WHEREAS the Northwest Water Providers wish to enter into a memorandum of agreement to pay for lobbying efforts in support of the Central Arizona Project Water Treatment and Delivery System and the Northwest Reliability Reservoir; and WHEREAS the Town Council desires to confirm the authority of the Utilities Director to enter into future Northwest Water Providers agreements; and WHEREAS the Mayor and Town Council have determined that the Town's continued partnership with the Northwest Water Providers is in the best interest of the residents of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Utilities Director is hereby authorized to execute on behalf of the Town agreements with the Northwest Water Providers that are consistent with the stated goals of the IGA and the MOU for a cumulative Town share not to exceed $50,000 in FY 2010, including (1) the memorandum of agreement attached to this Resolution as Exhibit A to pay for lobbying efforts, (2) an agreement to participate in funding a cooperative research effort Regulq~~i~~gz0~c~er 6, 2009 -Page 14 of 164 _ 1 - {00017383.DOC /} enlisting the support of the United States Bureau of Reclamation and the University of Arizona, and (3) other future agreements to fund related studies. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~0~c~er 6, 2009 -Page 15 of 164 _ 2 _ {00017383.DOC /} NORTHWEST AREA WATER PROVIDERS MEMORANDUM OF AGREEMENT SUBJECT: Executing Professional Consulting Services Agreement for Providing Lobbying for NW CAP Water System and Reliability Reservoir Date: October 1, 2009 This Memorandum of Agreement is between the four Northwest area water providers, Town of Marana, Town of Oro Valley, Metropolitan Domestic Water Improvement District and Flowing Wells Irrigation District specifically for a consulting agreement for lobbying efforts on behalf of the Northwest Central Arizona Project Water Treatment and Delivery System and the Northwest Reliability Reservoir. This study is within the purview of the "Memorandum of Understanding" approved in May and June 2006 by the governing bodies of each water provider. The memorandum will outline how this contract shall be executed, as well as, allow the participants to provide their signatures of approval. The Structure, Contract and Contract Management shall be as follows: Structure Steering Committee: The Directors/Managers from each of the water providers shall serve as a member of the steering committee or provide a representative. Project Manager: Warren Tenney, Assistant General Manager, Metropolitan Domestic Water Improvement District is designated Project Manager. Agreement The selection of and consulting agreement with Herrick Consultants, Inc. has been approved by the Steering Committee. Agreement Management Project Review: Quarterly progress reports shall be presented to the Steering Committee for review. Any Steering Committee member may request a meeting to discuss work progress or lack thereof. Communication with the selected consultant shall be through the Project Manager. Completed work shall be submitted and reviewed by the Steering Committee or their representative prior to authorization of payment. Progress Payments: The Project Manager shall send copies of all invoices to a designated representative for each participant prior to approval. Once approved by all participants the Project Manager shall submit payment. Distribution of Cost: The Project Manager shall submit a separate invoice for the apportioned cost share to each participate for reimbursement to Metropolitan Domestic Water Improvement District. Apportionment shall be based on each member's percentage of their total CAP allocation of 30K AF and shall be indicated on each invoice. The apportionments shall be as follows: 1 Regular Council Meeting -October 6, 2009 -Page 16 of 164 ~HIBIT fj 1. Town of Marana: 2. Town of Oro Valley: 3. MDWD: 4. Flowing Wells I.D.: 7K AF or 7/30 = 23.33% l OK AF or 10/30 = 33.33% lOK AF or 10/30 = 33.33% 3K AF or 3/30 = 10.00% Timeline and Not-To-Exceed Cost: This MOA is in effect until September 30, 2010 but can be renewed. During this one year period, each member's cost shall not exceed the following per the above described distribution of cost: 1. Town of Marana: $7,000 2. Town of Oro Valley: $10,000 3. MDWD: $10,000 4. Flowing Wells I.D.: $3,000 Member Approval David Crockett Flowing Wells Irrigation District Mark R. Stratton Metropolitan Domestic Water Improvement District Dorothy O'Brien Town of Marana Philip Saletta Town of Oro Valley -Water Utility 2 Regular Council Meeting -October 6, 2009 -Page 17 of 164 EXHIBIT A CONSULTING AGREEMENT This Consulting Agreement (the "Agreement") is made as of September 1, 2008 between J.C. HERRICK CONSULTANTS, INC., an Arizona corporation ("Consultant"), and the METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT ("MDWID"). MDWID desires to retain Consultant to provide consulting services as described in this Agreement. In consideration of the mutual covenants set forth below, the parties agree as follows. L Term. The term of this Agreement commences September 1, 2009 and terminates on August 31, 2010. 2. Consulting Services. Consultant shall perform the following tasks for MDWID (the "Consulting Services") in connection with furthering the Northwest Providers' interests related to the Northwest Central Arizona Project Water Treatment and Delivery System including the Northwest Reliability Reservoir (the "Project"): a. Northwest Providers include Flowing Wells Irrigation District, Town of Marana, Metropolitan Domestic Water Improvement District, and the Town of Oro Valley. b. Specific tasks include requesting federal funding for the Northwest Reliability Reservoir. Seeking other funding or grants that the Northwest Water providers could be eligible to receive. c. Support, initiate, review and report on any federal legislation that may impact the Project. d. Attend, represent and report on Northwest Providers' interests with respect to the Project in such statewide, regional and national forums as the House of Representatives and the Senate, the Central Arizona Water Conservation District, the Bureau of Reclamation, and other state and Federal agencies that may be identified from time to time. e. Work with existing management and members of the governing bodies of the Northwest Providers that may be directly involved in the above tasks. 3. Compensation. MDWID shall compensate Consultant for Consulting Services at the minimum amount of $1,500.00 per month for providing ten (10) hours of work. Any additional hours over the minimum ten hours will have prior approval and billed at an hourly rate of $150.00 per hour, not to exceed $30,000 over the term of this agreement. Payment for the preceding calendar month's consulting services shall be due and payable on or before the first day of each calendar month. Regular Council Meeting -October 6, 2009 -Page 18 of 164 4. Expenses. In addition to the compensation as discussed in Paragraph 3, MDWID shall reimburse Consultant its reasonable expenses in rendering Consulting Services within 30 days after receipt by MDWID of itemized expense invoices with appropriate receipts. The reimbursement of any non-routine expense shall require prior written authorization by MDWID. Non-routine expenses shall include air fare, and hotel expenditures. No additional authorization is required for the reimbursement of routine expenses of meals, telephone calls, photocopy expenses, fax transmissions, postage and vehicle mileages (to be charged at the rates attached hereto as Exhibit A). 5. Early Termination. Either party may terminate this Agreement at any time upon thirty days' prior written notice. MDWID shall be responsible for paying all Consultant Services incurred up to and including the termination date of this Agreement. 6. Return of Documents. All written materials, records, and other documents produced by Consultant for MDWID during the performance of Consulting Services shall be and remain the property of MDWID. Upon termination of this Agreement, Consultant will promptly deliver to MDWID the originals of all books, permits, plans and records pertaining to the Consulting Services, whether prepared by Consultant or by those working under his supervision. Consultant may retain copies of the documents. 7. Publications. Consultant will submit to MDWID for prior review and approval any materials intended for publication that bear upon the official policies of MDWID or Consultant's activities in performing the Consulting Services. 8. Independent Contractor. It is understood and agreed that Consultant is acting as an independent contractor under this Agreement, and not as an employee of MDWID. Consultant shall pay income tax and self-employment tax and is not entitled to receive any of the fringe benefits available to MDWID employees. 9. Personal Services. Consultant agrees to devote the time reasonably necessary to perform the Consulting Services. MDWID acknowledges that Consultant is providing services on anon-exclusive basis. 10. Successors and Assigns. This Agreement is personal to Consultant and may not be assigned by Consultant without MDWID's written consent. 11. Liability of Consultant. In the event of any default by Consultant under this Agreement, MDWID's exclusive remedy shall be to terminate this Agreement except in the event of Consultant's gross negligence or intentional misconduct. 12. Amendments. This Agreement may only be amended or modified by a written instrument signed by the parties. 13. Notices. Any notices permitted or required to be given under this Agreement shall in writing and delivered personally, by facsimile transmission, by U.S. Regular Council Meeting -October 6, 2009 -Page 19 of 164 Mail or Federal Express or overnight delivery to the following addresses (or to such other addresses as a party may designate by notice in accordance herewith): To MDWID: Mark Stratton General Manager Metropolitan Domestic Water Improvement District P.O. Box 36870 Tucson, Arizona 85740 To Consultant: Joe Herrick J.C. Herrick Consultants, Inc. 100 North Stone, Suite 905 Tucson, Arizona 85701 (520) 622-8084 (520) 622-1546 (fax) Notices personally delivered are effective upon delivery. Notices given by U.S. Mail are effective two days after mailing. Notices given by facsimile transmission are effective immediately provided the person giving notice has electronic confirmation of the transmission. Notices given by overnight delivery are effective upon delivery. 14. Choice of Law. This Agreement is made under and shall be interpreted according to Arizona law. Venue for any dispute under this Agreement shall be in Pima County, Arizona. 15. Severability. The partial or complete invalidity of one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 16. Attorneys' Fees. The prevailing party in any proceeding to interpret or enforce this Agreement shall be entitled to recover its costs and reasonable attorneys' fees from the other party. 17. Counterparts. This Agreement may be executed in counterparts, all of which shall collectively constitute a single instrument. METROPOLITAN DOMESTIC WATER J.C. HERRICK CONSULTANTS, INC., IMPROVEMENT DISTRICT an Arizona corporation By: Mark Stratton, General Manager Joe Herrick, Principal By: Regular Council Meeting -October 6, 2009 -Page 20 of 164 EXHIBIT A Expenses Meals per diem rate of $ Telephone calls at current rates Photocopies 20¢ per copy Fax Transmissions $1.00 per page Postage at current rates Vehicle Mileage 48.5¢ per mile Regular Council Meeting -October 6, 2009 -Page 21 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council. From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Item C 3 Subject: Resolution No. 2009-170: Relating to Community Development; approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2009-2010 Community Development Block Grant program Discussion: For FY 2009-2010 the Town of Marana has been awarded $130,000 for its participation in Pima County's Community Development Block Grant Program. These funds will be distributed from the county upon approval of the County's from the U.S. Department of Housing and Urban Development. This is a $25,000 decrease as compared to the Town's 2008-2009 award and a $80,000 decrease from 2007-2008. This year funding has been allotted for: Owner Occupied Housing Rehabilitation - $100,000 and Administration - $30,000. Housing Rehabilitation is offered to low-income Marana residents living in owner-occupied housing. These services include work to repair or replace deteriorated roof systems; repair or replacement of major heating and cooling systems; connection, repair or replacement of septic systems; minor miscellaneous services for electrical and plumbing upgrades, insulation, ceiling, wall, window and door repairs; emergency home repairs assistance to alleviate hazardous conditions that threaten the life and/or health safety of the occupants; and weatherization to help you cut down on utility bills by making repairs to the home that will lower heating costs, Additional funding of $30,000 has been approved to cover administrative costs associated with the implementation of the other projects. The IGA will cover equipment and services for these programs retroactively from July 1, 2009 running through June 30, 2010. Quarterly reports will be provided to Pima County as a condition of the IGA. Financial Impact: This funding does not require any match or leveraged funding. All services will be provided with direct cost reimbursement. ATTACHMENTS: Name: Description: Type: D cpBG Zoos-2o1o Resolution.doc CDBG IGA 2009-2010 Resolution Resolution ~ IGR for CDBG...pdf IGA document Backup Material Regular Council Meeting -October 6, 2009 -Page 22 of 164 Staff Recommendation: Commission Recommendation - if applicable: The Affordable Housing Advisory Commission unanimously recommended the funding packet submitted to Pima County for the 2009-20.10 Community Development Block Grant Program. Suggested Motion: I move to approve Resolution No. 2009-170, approving and authorizing full execution of an Intergovernmental Agreement with Pima County for the management and implementation of the 2009- 2010 Community Development Block Grant Program. Regular Council Meeting -October 6, 2009 -Page 23 of 164 MARANA RESOLUTION N0.2009-170 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) for these purposes; and WHEREAS, Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 2009-2010 fiscal year; and WHEREAS, the Town of Marana has been selected as asub-grantee through Pima County's proposal process; and WHEREAS, this CDBG award will provide program funding for administrative services and owner-occupied housing rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is authorized to fully execute an intergovernmental agreement with Pima County for the use of CDBG funding for Town of Marana programs. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 24 of 164 INTERGOVERNMENTAL AGREEMENT between Pima County and Town of Marana for Management and Implementation of the Community Development Block Grant Program THIS Intergovernmental Agreement (IGA) is entered into by and between Pima County, a body politic and corporate of the State of Arizona (" COUNTY") and Town of Marana, a municipality of the State of Arizona ("TOWN"). RECITALS A. COUNTY and TOWN may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. COUNTY is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17) to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the COUNTY. C. TOWN is authorized by A.R.S. §9-500.11 to expend public monies for and in connection with economic development activities. D. COUNTY and TOWN are authorized by A.R.S. § 36-1403 to exercise certain powers relating to housing projects. E. COUNTY applied for and received #unds from the United Sfates Government under Tdle ! of the Housing and Community Development Act of 1974, as amended (HCD ACT), Public Law 93-383. F. COUNTY through its annual Community Development Block Grant (CDBG) proposal process for federal year 2009-2010, required all applicants to submit a proposal for each of their projects that they would like to be considered for funding. G. TOWN submitted a response to COUNTY under solicitation number CDNC-11-19-08-CDBG-ESG. H. COUNTY submitted its 2009-2010 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), which included the TOWN'S proposal. COUNTY has determined that the TOWN is qualified and willing to provide the proposed services. J. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program. NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: ROt;r~EEiVI~P~fT 1. Purpose. This IGA establishes the rights and responsibilities of the Parties for the provision of CDBG funding forTOWN to carry outthe speafic activities described in the Project Summary attached herein as Exhibit A. 2. Scope. TOWN shall: A. Use the CDBG funds provided through this IGA in accordance with terms ofi the 2009-2010 Annual Action Pfan (°Plan") submitted by COUNTY to HUD for CDBG funding; the Certifications that were submitted concucrently with the Plan; and, with the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Exhibit D and fully incorporated herein. 8. Perform in accordance with the Project Summary Exhibit A set forth in this IGA. The work under this must be performed to the satisfaction of the COUNTY. Regul~IvlC~lr~g1Lbcfb@@~6, 2009 -Page 25 of 164 1 C. TOWN shall comply with the Special Agency Conditions set forth in Exhibit B. D. TOWN shall undertake the same obligations to the COUNTY, as the COUNTY does to HUD pursuant to said Plan and assurances. TOWN will fiold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of TOWN to fulfill any obligations to HUD. E. Certify that the projects under this IGA meets one of the CDBG Program's National Objectives defined in 24 C.F.R. 570.208. TOWN certifies that the activities carried under this IGA will meet and benefit low- and moderate-income persons. F. Provide quarterly and annual program reports on the COUNTY'S web based reporting system at htto:/lwww.pima.gov/CED/Data/forms.html. Reports provided in any o#her form shall be accepted only after a written approval is provided by the Community Development and Neighborhood Conservation director or authorized representative. Reports shall be submitted as follows: 1. Quarterly reports shall be submitted no later than the following dates for the preceding quarter a) January 31 b) Apri130 c) July 31 d) October 31 2. The quarterly reports shall include: a) Demographic information including client's address; income level; family size; race; whetherthefamily isfemale- headed household; services provided; and, whether anyone in the family is elderly or handicapped. b) A narrative of the program's accomplishments; problems or concerns impacting the achievement of the program's goals and objectives during the past quarter; and, an output and outcome report. The output report shall include affordable housing, housing rehabilitation and public facilities improvements. The outcome report shall include improved affordable housing services; improved housing conditions related to repairs, modifications, or weatherization to increase safety, suitability, or livability of the housing units, and increased access to a public facility due to its expansion or cxeation of new services. 3. The annual report shall include a community impact narrative, demographic information and a financial report. TOWN shall submit the annual report no later than January 31 ~', 2011. G. Warrant compliance with the Town's Certification contained in Exhibit C and the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and HOME Investment Partnership Program contained in Exhibit D. H. Employ suitable trained and skilled personnel to perform all services under this 1GA. I. Be the legal entity responsible for operating and maintaining the projects to be developed as described in Project Summary Exhibit A. 3. Financing. This is a cost reimbursement IGA. to consideration of the services specified in this IGA, the COUNTY agrees to reimburse TOWN in an amount not to exceed $130,000.00: A. Budget: Administration $ 30,000.00 Housing Rehabilitation $100,000.00 B. The total amount of this IGA is $130,000.00. C. Payments: 1. Payments will not exceed the amount allocated for this project by HUD under the Community Development Block Grant Program administered by COUNTY. The following conditions shall apply: a. All of TOWN'S drawdowns for the payment of eligible expenses shall be made against the line item budget speafied Paragraph A above. Expenses for general administration shall also be paid againstthe line item budget specified Paragraph A above. Regulal~t~l?~ M~t~g~-~bct~~~~6, 2009 -Page 26 of 164 2 b. Request for reimbursement shall include all claims and invoices of every kind and nature against COUNTY, arising under this 1GA or any provision thereof. c. TOWN shall submit monthly requests for reimbursement no more than 30 calendar days following the end of each month except requests for payment for expenses occurring in May must be submitted by June 15; and an estimate for expenses occurring in June must be submitted prior to July 7. d. All requests for payments shall be on the form set forth in Exhibit E. Each monthly request for payment shall include: i. A monthly payroll journal that documents TOWN'S expenses for salaries and benefits associated with this IGA and distinguish different funding sources. ii. Copies of alt receipts andlor checks (ftont and back) and general ledger to support all purchased goods or services. 2. TOWN shall also submit time sheets for personnel assocated with this IGA to COUNTY on a quarterly basis. The time sheets should show the days and hours worked for all programs and should be signed by the employee and their supervisor. COUNTY shall determine and notify TOWN when to submit the quarterly time sheets. D All requests to modify the current fiscal year budget line item amounts shall be on the form set forth in Exhibit F. TOWN must limit requested modification of line items to 10% of the total IGA amount. Any requests to modify the current fiscal year budget line item amounts must be submitted to COUNTY and must: Include invoices for the requested change; ii. Be for expenditures made within 30 days of the date of the request; and iii. Be submitted on or before July 7. E. If TOWN requests payment for invoiced bills, rather than a reimbursement, TOWN must submit evidence that the invoiced bill was paid by TOWN within (30) thirty calendar days. Future payments to TOWN may be withheld until this evidence of payment is received and approved by COUNTY. F. Payment by COUNTY will generally occur ten (10) days from the date the submission is received by Pima County Finance Department. TOWN should budget their cash needs acxordingly. G. TOWN may not be entitled to, and may forfeit, payment of expenses not submitted to COUNTY as follows: 1. Within sixty (60) days after the end of the month in which expenses were incurred in the months of October through March; 2. No later than June 15 for expenses incurred in Aprii and May; 3. No later than July 6 for expenses incurred in June; 4. Within sixty (60) days for expenses incurred in July through November; and 5. No later than January 31, 2010 for expenses incurred in December. H. Payment received by TOWN shall be reconciled with actual costs incurred by TOWN either before the final payment is made under this IGA or through a subsequent audit after final payment. if payment received exceeds actual costs COUNTY shall, at its sole discretion, determine whether it will require TOWN to: 1. Refund to COUNTY the excess amount received. TOWN shall refund the excess amount received to COUNTYwithin thirty (30) days of receipt of the request from COUNTY; or, 2. Provide, for no additional reimbursement, additional units of IGA services during the following IGA term, if any. Such additional units of service must be provided in a number equal to the excess amount received by TOWN divided by the unit fee in effect at the time the excess funds were provided to TOWN. To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities occurring after Juty 1, 2009. All planning and administration costs not used by the end of the next fiscal year, June 30, 2010, shall be forfeited. J. For the period or record retention required under Section 19, COUNTY reserves the right to question any payment made under this Section and to require reimbursements therefore by setoff or otherwise for payments determined to be improper or contrary to the IGA or law. Reguli~~o~ttl Id88itn~.00c>tilib3 6, 2009 -Page 27 of 164 3 4. Term. This IGA shall be effective on October 1.2009 and shall be recorded with the Pima County Recorder following execution by both parties. Except as otherwise provided in this IGA, this IGA shall terminate on December 31.2010 unless sooner terminated or further extended pursuant to the provisions of this IGA. This tGA upon mutual consent of the parties may be extended for a period of time not to exceed two (2) additional one-year periods. Any modification or time extension of this IGA shall comply with the modifications provisions contained in Exhibit B. 5. Tennination. A. COUNTY reserves the right to terminate this IGA at any time and without cause by serving upon TOWN 30 days advance written notice of such intent to terminate. In the event of such termination, the COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination. B. Notwithstanding Paragraph A above, if any state or federal grant monies used to pay for performance under this IGA are either reduced or withdrawn, COU NTY shall have the right to either reduce the services to be provided and the total dollar amount payable under this IGA or terminate the IGA. To the extent passible, COUNTY will endeavor to provide fifteen (15) days written notice of such reduction ortermination. In the event of a reduction in the amount payable, COUNTY shall not be liable to TOWN for more than the reduced amount. In the event of a termination under this paragraph, COUNTY'S only obligation to SUBGRANTEE shall be payment for services rendered prior to the date of termination to the extent that grant funds are available. C. This IGA may be terminated at any time without advance notice and without further obligation to the COUNTY when the TOWN is found by COUNTY to be in default of any provision of this IGA. D. Notwithstanding any other provision in this IGA, this 1GA may be tenninated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining COUNTY or other public entity obligations under this IGA. In the event of such termination, COUNTY shalt have no further obligation to TOWN, other than to pay for services rendered prior to termination. E. COUNTY reserves the right to suspend TOWN'S performance and payments under this IGA immediately upon notice delivered to TOWN'S designated agent in order to investigate TOWN'S activities and compliance with this IGA. In the event of an investigation by COUNTY, TOWN shall cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within forty-five (45) days, whichever is sooner, TOWN will be notified in writing that the !GA will be immediately terminated or that performance may be resumed. 6. Disposal of Property. Upon the termination of this fGA, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to IGA. 7. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as °claims") arising out of bodily injury of any person (incuding death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers. 8. Compliance with Laws. The parties shall comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shalt govern the rights of the parties, the performance of this IGA, and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. 9. Non-Discrimination. The parties shalt not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this IGA. The parties shall comply with the provisions of Executive Orders 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference as if set forth in full herein. 10. ADA TOWN shalt comply with all applicable provisions of the American with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable #ederal regulations under the Act, including 28 CFR Parts 36 and 36. Regul~~su~rfi Mwt~gl-0pctt:~@B 6, 2009 -Page 28 of 164 kf TOWN is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to the same extent and degree that would be required of COUNTY under 28 CFR Sections 35.130, 35.133, 35.149 through 35.151, 35.160, 35.161, and 35.163. Failure to do so could result in the termination of this IGA. 11. Severability. If any provision of this iGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. 12. Conflict of Interest. This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 13. Non-Appropriation. Notwithstanding any other provision in this IGA, this [GA may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining this IGA. In the event of such cancellation, COUNTY shall have no further obligation to TOWN, other than for payment of services rendered prior to cancellation. 14. Legal Authority. ' Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall Wulf and void, and no recovery may be had by either party against the other for Eack of performance or otherwise. 15. Worker's Compensation. Each party shat( comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 16. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any TOWN employees, or between TOWN and any COUNTY employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Soaal Security and income taxes for itself or any of its employees. 17. No Thlyd Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or effect the legal liability of either party to the IGA by imposing any standard of care different from the standard of care imposed by law. 18. Notice. Any notice required or permitted to be given under this IGA shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: COUNTY: Margaret Kish, Director Pima County Community Development and Neighborhood Conservation Director 2797 East Ajo Way, 3`d Floor Tucson, AZ. 85713 TOWN OF MARANA: Ed Honea Town Mayor 11555 West Civic Center Drive Marano, AZ 85653 19. Record Retention. A. TOWN shal{ keep and maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded un this IGA, which shall be open at all reasonable times for inspection and audit by duty authorized represen#ative of COUNTY. Such records shall include, but are not limited io: Records providing a full description of each activity taken; Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; Regulai~sciur~ti M~t~g14QCt~g6, 2009 -Page 29 of 164 3. Records required to determine the eligibility of activities; 4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; 5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 6. Records documenting Environmental Review compliance; 7. Records documenting scope of work, change orders, on-site inspection and sign-off on rehabilitation work, including final inspection; 8. Records of owner occupancy (property deed or land contract}; 9. Records of disbursements made for completed and approved work; 10. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21-28; and i i. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. B. TOWN shall retain all financial records, supporting documents, statistical records, and all other records relating to this IGA for a period of four (4) years from the start of the retention period or until any related-pending proceeding or litigation has been closed, whichever date is later. The retention period starts from the date of submission of the COUNTY'S annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on forthe final time rather than from the date of submission of the final expenditure report for the award. TOWN must comply with Section 570.506 "Records to be Maintained" of the Community Development Block Grant Program -Entitlement Grant Regulations. 20. Public Information A. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. § 34-603(G) in the case of construction or Architectural and Engineering services procured under A.R.S. Title 34, Chapter 6, all information submitted in response to this solicitation, including, but not limited to, pricing, product specifications, work plans, and any supporting data becomes public information and upon request, is subject to release and/or review by the general public including competitors. B. Any records submitted in response to this solicitation that respondent believes constitute proprietary, trade secret or othenrvise confidential information must be appropriately and prominently marked as CONFIDENTIAL by respondent prior to the close of the solicitation. C. Notwithstanding the above provisions, in the event records marked CONFIDENTIAL are requested for public release pursuant to A.R.S. § 39-121 et seq., COUNTY shall release records marked CONFIDENTIAL ten (10) business days after the date of notice to the respondent of the request for release, unless respondent has, within the ten day period, secured a protective order, injunctive relief or other appropriate order from a court of competent jurisdiction, enjoining the release of the records. For the purposes of this paragraph, the day of the request for release shall not be counted in the time calculation. Respondent shall be notified of any request for such release on the same day of the request for public release or as soon thereafter as practicable. D. COUNTY shall not, under any circumstances, be responsible for securing a protective order or other relief enjoining the release of records marked CONFIDENTIAL, nor shall COUNTY be in any way financially responsible for any costs associated with securing such an order. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Revised June 10 2008 Regular Council Meeting - bctober 6, 2009 -Page 30 of 164 21. Entire Agreement. This document constitutes the entire IGA between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. In Witness Whereof, COUNTY has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of upon resolution of the Board and attested to by the Clerk of the Board, and TOWN has caused this Intergovernmental AgrE executed by the Mayor upon resolution of the Mayor and Council and attested to by: _ . PIMA COUNTY Chairman, Board of Supervisors Date: ATTEST Clerk of the Board Date: TOWN OF MARANA Mayor Date: ATTEST • , ~,=~.~ . :: ~; • ~~` • ..::~: Town Clerk AP VEDAS TO CONTE T . t`'w~~. Community D lopment and Neighborhood Conservation Director The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. §11- 952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY De County Attorney Date: 4 - t -t - 09 Regular~ouncll t~ efing10Oci?o~ie$s, 2009 -Page 31 of 164 TOWN OF MARANA Town Attorney Date: 7 f~9_tn 2. -~' EXHIBIT A PROJECT'S SUMMARY See attached for each project Administration Housing Rehabilitation Regula~~~N~i~gr~ctg~®rg6, 2009 -Page 32 of 164 y Accompl. Type: ~ Proposed 3~ " Accompl. Type: ~ Proposed '~ C ~ Y '~~~-~ - ~ ~" • Underway ~~;- ~ ~ ;-N/A Complete 4 Complete y Accompl. Type ~~ Proposed Accompl Type ~ Proposed u • -~ ~x ~g.._.: Underway '~"~ ~ ^ - - - - Underway ~ ~;~~, a ~ 'r+ ~ _ ~'~`_`~~ Complete ?~` ~ - ,- ' Complete ~ :~..~~~ : , L d v Accom I T e ~ P YP • Pro osed p Accompl. Type: ~ Proposed ` Q ~~'~"-=`~'~T ~,- '~ s ~ r Underway ~ ~x.~ ~~~~ ~,~3,~~; ~~•~' Undervvay ~~N ~~ Complete ~ Complete Pro osed Outcome Performance Measure Actua l Outcome 21A General Program Administration 570.206 ~ Matrix Codes ~ Matrix Codes ~ - Matrix Codes ~- Matrix Codes ~ . Matrix Codes ~ ~ Fund Source: ~ Proposed Amt. ~ Fund Source: ~ Proposed Amt. ~ Actual Amount ;; _ Rctual Amount ~ Fund Source: ~ Proposed Amt. ~ , ~~'~; _ Fund Source: ~ Proposed Amt. Actual Amount s ~~ ', ` Actual Amount i Accompl Type: ~ Proposed Units } Accompl. Type: ~ Proposed Units ~ O Actual Units Actual Units ~ Accompl. Type: ~ Proposed Units ` Accompl. Type: ~ Proposed Units Actual Units ., ;~ . Actual Units ; :: . __ =:'i~e i tin °`Octaber6;`20t39 - Ra ~3°of=464' -.:: ~ .. :w•:•~,:_:: ~::.<..,,...... <_ _-. ~ CDBG • Proposed Amt. 25,000 `, Fund Source: • Proposed Amt i. .. ." -_ ._.. , 'Actual Amount _, ;, Actual Amount ` . ra F ~ Fund Source: s Proposed Amt. Fund Source: v Proposed Amt 3 _: .Actual Amount __ _ ; ~. Actual Amount ~ L Accompl. Type: • Proposed Units ~ Accompl. Type: • Proposed Units ~ ° Actual Units ~ ~~ s~ ':: ~ Actual Units i' f1 Accom i T e • P • YP : Pro osed Units p ~ -~ Accompl Type: • Proposed Units Actual Units . ~~ ~,;. "~ Actual Units CpgG • Proposed Amt. 30,000 ~ • Pro osed Amt ~ Fund Source. p i - : Actual Amount a~ ~ Actual Amount " ~ } Fund Source: s Proposed Amt. ~ ,~~ Fund Source v Proposed Amt ~ : Actual Amount ; ; : : ___ Actual Amount i Accompl. Type: v Proposed Units - ~'~ Accompl. Type: • Proposed Units ~ O <`. nctuai Units ` Actual Units ~ d Accom ! T e P • YP ~ ~- Proposed Units Accompl. Type: ~- Proposed Units Actual Units ~ ' Actual Units ~! CpgG • Proposed Amt. 3,00,00 ~ ~': Fund Source: • Proposed Amt. - ::= _: s. !0 ~ ? ' " Actual Amount - . _~ ~ - ~ ~~_ _F-~b~; Actual Amount ~ Fund Source: • Proposed Amt. Fund Source• • Proposed Amt _ _ _ ` Actual Amount _ Actual Amount i Accompl. Type: ' Proposed Units - - Accompl Type: v Proposed Units k _ ~ ~ ~`~x `~ - ' Actual Units ' .:y ~ ~,~„ `.ems p'~..'a~ Actual Units ~~'. +.-~ '' L a Accom I T e v P • YP Proposed Units '"~' ~ '`' Accompl. Type: • Proposed Units " ~~" ~'~ =" - ~- z:__ ~k~r.`"~:b~.~~~;~ Actual Units ~'°"t ~~~ ~~'~~s.n Q Actual Units ~...~~'~. ~ CDBG • Proposed Amt. 3Dp~pp~"~~'~ ~~" Fund SourceF v Proposed Amt. ~=~ "~'x ~ ; Actual Amount ""£ ~` ^ Actual Amount } Fund Source v Proposed Amt. Y.~ Fund Source: • .. Proposed Amt. ~„~, ~, z~'~; ., Actual Amount ._ ~° r ':~ Ez~ . Actual Amount ~ . ~~' ~"'~ i Aaompt. Type: • Proposed Units Accompl. Type: • Proposed Units C _ _ Actual Units __ , Actual Units _ fi Accompl. Type: • Proposed Units ~~:, - ~'' s `-3 AccompL Type: • Proposed Units ~~~~'~~~ ~ ~,; ..:_~ _. _ . ~ " Actual Units ; Actual Units - ~~Re lam' .. iC~k tin - 0cfobei 6';'20D9 =1'a e`34'of`164 ~ . " . - - . . - Grantee Name: PIMA COUNTY . CPFIP Version Z.O. Project Name: TOWN OF MARANA -HOUSING REHABILITATION PROGRAM ,. ,. . Description: IDIS Project #: UOG Code: AZ049019 Rehabilitate 7 owner occupied homes of residents who are low to moderate income. Location: ,_ ~ j ';''~ "~~~ry~•~'~~'w~~"~ h4. .. _ x,....-: .-. .=.~.. Prior~ty;.Meed ~a'te o ~P~~~ Cerisus't~act 44:,05,.. Block Group 1 to the Mara,na designated colonia.• ~ Owner Occupied Housing ~ Select one: ~: Explanation: .. ,:. Expected Completion Date: Local Government •(0530/2010) . ;Objective Category. Q DecentNousmg`>. • . Q~~ stable Lving Eriyironmerit i^ ~ :, \-l r3 . ~~ ~ F ~~Q.~Ecor~ormic Q~Portunity - 'Ou~tcome:Categories Improve the quality of owner housing • _. _.. ^~vailabiltty/Ateessibility ~ - - " ~ ~ 2 _ 5 x~ Otis H 10 Housing Units • Proposed 15 s~~~ Accompl Type • C ~"'~ ~, ~ ~~ Underway ,-~~ a ~;~ ~L--,~ ~ ~ _ ~ y - '~ Complete ' ~ .1r Accom I T e • P • YP : Pro osed P - Accompl Type • ~ y ~ .- m Underway Y`;==~~ ~.. ,Y, ~-:. - ' d ._ O ~ Complete ~°~ - ? ~ 's. ~, - ~ O d V Accompl Type • Proposed Accompl Type • Proposed a -~'° `-- ~ Underway - ~~~-~j £ 1~ 7 ~a Underway . - ~ ,.~~ ~ Complete ~'~ Complete - Proposed Outcome Pertormance Measure Actual Outcome #.hsg units focusett on imprved 15 quality o•r,access to housing 14A Rehab; Single-Unit Residential 570.202 • Matrix Codes ~- Matrix Codes • Matrix Codes • Matrix Codes I • ! Matrix Codes • ,r„~ Fund Source: • Proposed Amt. fi ~ ~' Fund Source: • Proposed Amt ~ <:> Actual Amount Actual Rmount } Fund Source: • Pro Posed Amt. ~ ; Fund Source- • Proposed Amt. -,: Actual Amount ~ Actual Amount - -- - i Accompl. Type:. • Proposed Units x Accompl. Type: • Proposed Units ~ O ' . Actual Units ~ ,,. Actual Units L' a, Accom I T e P • YP : ~ Pro osed Units P k .. .:. ~ Accompl. Type: • Proposed Units `.::. ;' Actual Units ~ Actual Units .:.."'"...,`-.ICE. .. ~ tin - f7ctober 8; 200- Pa a 35 of 164.. . _ .... , ~ GDBG ~ Proposed Amt. 40,000 Fund Source:. ~ Proposed Amt. L ::'+ Actual Amount dttuai Amount , to ~ Fund Source: ~- Proposed Amt. - Fund Source: s Proposed Amt. ' Actual Amount Actual Amount ` 10 Housing Units ~' Proposed Units 10 ~ Accompl. Type: ~ Proposed Units - ~ O ' Actual Units •> Actual Units a Accompl. Type: ~ Proposed Units ~.= Accompl. Type: ~- Proposed Units . ;; Actual Units ;, . ,.: ~: Actual Units M CDBG ~ Pi-oposeii Amt:~~' 40;000: ~~- f Fund Source: ~ ~' Proposed~Amt: -' ~ " Actual Amount i Actual Amount t0 } Fund Source: ~_ Proposed Amt. -~- Fund Source: + P.roposed.Amt. ' Actual Amount ~: _; Actual Amount i 10 Housing Units ~ Proposed Units 10 Accompl. Type: ~ Proposed Units y. _,, .... _ ` : T.ctuai Units ~ a. -...,... _... - - --- - Actua~ units , C a Accompl. Type: ~ Proposed Units ~ ~ , Accompl. Type: ~ Proposed Units -. Actual Units ~.,. ~~` ~ ? Actual Units d• CDBG ~ Proposed Amt. 75000 ~' ,~ Fund Source ~ Proposed Amt. ~, i .r.._.. ~,..~~:~ ~~..f Actual Amount _ _ ,. -- - Actual Amount _~ ~ } Fund Source: ~ Proposed Amt. ; . Fund Source: ~ Proposed Amt. r ~f~ x Actual Amount ~:~ - _: Actual Amount ~._ _ i 10 Housing Units ~ Proposed Units -7 Accompl. Type:. ~ Proposed Units ~~f~~,~-~~ , ~ b~ `; _ - " Actual Units _ _ _~~~ ` ~- ~'•~ r- Actual Units _ . =~~ C Accompl. Type: ~ Proposed Units ' " Accompl. Type: ~ Proposed Units - . ~"~ -- "~' - ~~ ~ ~ Actual Units 4. ~~° _ r.~,~ _ Actual Units ~ - • ; _- :,_ _ >,~~ N CDBG ~ Proposed Amt. 1000Q0 ~'~=~~ Fund Source: ~ Proposed Amt. 4 -.~, f. .,.~,.; ,,;'~,''. Actual Amount '.~: "-; Actual Amount !0 } Fund Source: ~ Proposed Amt. ~ s ~ Fund Source: ~ Proposed Amt. x •~ ~_~,,~ Actual Amount ~~~~ ~~, x~v- = Actual Amount - i 10 Housing Units ~ Proposed Units Acwmpl. Type: ~ Proposed Units _ ~ Actual Units _. • _ ~ , ~ _ Actual Units fl Accom 1. T e• ~ P YP - Pro osed Units p Accompl. Type: ~ Proposed Units ,_ . s _ _; Actual Units ~ `' Actual Units , _ • ,.,,~,~eg®~. ~ fiilg-Octobers2©fl3---1?age~3fioi164,•=. __ - :- :. ~:~_...,....,_,...:~:,.._.__ .. :. _ EXHIBIT B SPECIAL AGENCY CONDITIONS A. Modification 1) Modifications may be made to this IGA in accordance with the following provisions: 2) All mod cations shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. 3) Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following: a) Change the purpose of the IGA; b) Increase or decrease the compensation provided for in the IGA; c) Change the term of the IGA; d) Change the scope or assurances of the IGA; e) Change any section of the IGA other than the Scope of Work or budget; f) Any change that is not a minor modification as described below. 4) Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Community Development and Neighborhood Conservation Department or authorized representative to be effective. Minor modifications are changes in the Scope of Work or budget that do not change the purpose or total compensation of this IGA and do not in any way increase the direct or indirect liability of the County under this IGA. B. Procurement of Goods and Services: Town is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of the County. Town shall comply with OMB Circular No. A-122, =Cost Principals for Non-Profit Organizations" (if Town is a non-profd corporation), OMB Circular No. A-110 and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educations, Hospitals, and other Non-Profit Organizations. C. Monitoring and Evaluation: 1) County shall monitor all activities and information sources in the management, fiscal, and service systems of TOWN and any subcontracted parties, relating to performance of duties and obligations under this IGA, to assure that Town is maintaining adequate and acceptable progress and systems, and to ensure that the funds provided to Town by County are being used effectively and efficiently to accomplish the purposes for which funds were made available. 2) TOWN shall provide payroll information consisting of source documentation that can include employment letters, authorizations for rates of pay, benefits, and employee withholding, minutes from Board of Directors' meetings where salary schedules and benefit packages are established, copies of written policies, W-4 #orms in conjunction with time and 'attendance records. If an employee works solely on the CDBG funded services a statement to that effect should be signed by the applicable employee and supervisor. Such statement should be certified semi-annually. If an employee's time is split between CDBG and another funding source, Town must have time distribution records supporting the allocation of charges among the sources. 3) County in cooperation with Town shall evaluate products, services, and performance under the terms of this IGA. Substandard performance as determined by the County will constitute noncompliance with this IGA. If action to correct such substandard performance is not taken by the TOWN within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. 4). Town shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary AppendixA. D. Client Fees and Program Income: 1) Any program income generated and received by Town as a result of IGA services shall be kept by Town, used for the purpose of this IGA, and reported to County. Regu~il ine`ta~Ot~®~r 6, 2009 -Page 37 of 164 9 2) Town shall comply with Section 570.504 "Program Income", and Section 570.503 "Agreements with Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations. E. Identification Of Funding and Copyrights: 1) AA advertisements, real property, publications, printed and other materials which are produced by the Town and refer to services funded underthis iGA shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by: Pima County and the Community Development Block Grant Program 2) Reference to Pima County shall be displayed at least as prominently as other credited funding sources. 3) Town shall not copyright any materials or products developed through IGA services or IGA expenditures without prior wriften approval by the County. Upon approval, the federal government and Pima County shall have anon-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. F. Nepotism 1) Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in daily working contact with the other. a) "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood or child of a spouse. b) County may grant temporary waiver of th'ss policy where relative employment situation already exists at the time of execution of this IGA. G. Audit Requirements: 1) TOWN shall: a) Establish and maintain a separate and identifiable account of all funds provided by County pursuant to this IGA. b) Provide financial statement audits as required by law. c) Upon written notice from County provide aerogram-specific audit. Such notice from County will specify the period to be covered by the audit and the deadline for completion and submission of the audit. d) Assure that any audit conducted pursuant to this IGA is performed by an independent certified public accountant and submitted to County within six (6) months of completion of TOWN'S fiscal year, unless a different time is specified by County. The audit submitted must include TOWN responses, if any, concerning any audit findings. e) Pay ail costs for any audit required or requested pursuant to this Article, unless the cost was specifically included in the TOWN'S budget approved by County and the cost is an allowable charge for payment under applicable !aw or regulation. f) Timely submit the required or requested audit(s) to: Renee Poquette, Financial Officer Community Services, Employment & Training Dept. 2797 E. Ajo Way, 3`~ Floor Tucson, AZ 85713 2) If TOWN is a "nonprofit corporation" that meets the definition of "corporation" in A.R.S. §10-3140, TOWN shall comply with the applicable audit requirements set forth in A.R.S. § 11-624. Regulafi~iggj~N(g92~ctg~~rg6, 2009 -Page 38 of 164 ~ ~ 3) TOWN is receiving federal funds under this IGA, and TOWN is a state or local government or non-profit organization, TOWN shall provide an annual audit which complies with the requirements of the most recent version of OMB Circular A-133, "Audits of State and Local Governments and Non-Profit Organizations." END OF SPECIAL AGENCY CONDITIONS Regulars~g~~d~Mg~~gg i~ct~l~~, 2009 -Page 39 of 164 11 EXHIBIT C TOWN'S CERTIFICATION TOWN hereby certifies it will comply with: 1) HUD Community Development Block Grant Regulations at 24 CFR Part 570. 2) Tite I of the Housing and Community Development Act of 1974. 3) 24 CFI Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" Crf Agency is local government). 4) Title VI of the Civil Rights Act of 1964. 5) Section 109 of the Housing and Community Development Act of 1974. 6) Executive Order 11246 -Equal Employment Opportunity. 7) Section 3 of the Housing and Urban Development Act of 1968. 8) Flood Disaster Protection Act of 1973. 9) National Environment Policy Ad of 1969. Section 106 of the National Historic Preservation Act of 1966, Executive Order 11593. 10) Federal Labor Standards Provisions. 11) OMB Circular A 133, "Audits of States and Local Governments and Non-Profit Organizations". 12) OMS Circular A 122, "Cost Prinapals for Non-Profd Organizations" ('d agency is non-profd organization). 13) OMB Circular A 110and A-87. 14) A-21, "Cost Principals for Educational Institutions". 15) Subpart K of the Community Development Block Grant Program Entitlement Regulations. 16) 570.200(J) First Amendment Church/State Prinaples of the Community Development Block Grant Program Entitlement Regulations. 17) 570.503(b)(6) Prohibition Against Religious Activities. 18) 570.503(b)(8) Reversion of Assets Regula~~~~~~i~M~P i~gi~ct4ggrs6, 2009 -Page 40 of 164 12 EXHIBIT D Intergovernmental Cooperative Agreement between Pima Couniy and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2007-143 Resolution No. 2007-88 IGA No. 01-70-M-139650-0707 RegularR~g~~~MQ~~g iecto~~, 2009 -Page 41 of 164 13 . RECORDED BY. LL ' ~, DE. _Y RECORDER ' ~ 0112 _ ,:.:~....~.:..:.:P0230.. _ ... PIMA CO CLERK OF THE BOARD PICKUP 'E = 1015 ~S%-gF~q _ .. _ aF PAGES 8 j y ~ ~ ~00 SEQUENCEy: 20071260273 I w f~. ~z .:. ... _ .. .. ,. w 06/29/2007 i~ti`\ ~~`c RES 12:33 `y~£LO~~ PICKUP PE 6 AMOUNT PAID $ 0.00 RESOLUTION NO. 2007 - 143 RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSH[P PROGRAM. WHEREAS, County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant'to A.RS. § 11-951, et seq_; and .WHEREAS, it is necessary to enter into an intergovernmental Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town desire to engage in housing and community development activities as authorized under the Housing and Community Development Act of 1974 and subsequent amendments; and WHEREAS, County and Town do hereby find and determine that it is in the best interest of the residents ~ of the unincorporated areas of the County and of the ~ Town of Marana that hausing and community development activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development (HUD) recommends that expenditures of funds for each purpose. be on an Urban County basis; and WHEREAS, it is mutually beneficial to each of the parties hereto for the County to administer and execute the provisions of the Agreement in accordance with the terms and conditions hereinafter provided and subject to local ordinance and State and Federal law; THEREFORE BE 1T RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA, COUNTY, ARIZONA, as follows: 1_ The Intergovernmental Gooperative Agreement between Pima County and the Town of Marana for the Cornrnunity Development Block Grant Program and Home Investment Partnership.. Program is. hereby- approved; and ~2. The Chairman of the Board of Supervisors is hereby instructed and authorized to sign the Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED AND ADOPTED ON THIS 19th DAY OF PIMA C N , A' dy' orp Chairman, Board o ,Supervisors APPROVED AS TO FO~vI: != / ; _ ! Reg i ' - ctdber age 42 of 164 Deputy Couniy~Atfojmey `\ ~~ ; June 2007 ATTEST Clerk of the Board i ~~IARAI~iA RE80LrJTIOI`~I N0.2007-88 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ~TJITH PIMA COUNTY FOR COlvuvIUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP RENEWAL THROUGH JUNE 30, 2010. WHEREAS, the Town of Marana recognizes the need to provide safe and affordable housing, neighborhood infrastructure, and parks for its citizens through the use of Community Development Block Grant (CDBG) and HOME Program funding; and WHEREAS, Pima County serves as the sponsoring agency for distribution of CDBG and HOME Program funding under HUD's Housing and Community Development Act of 1974 for distnbution of Federal funding to an Urban County; and WHEREAS, the Town of Marana finds that it is in the best interest of its residents to eater into an agreement with Pima County to develop activities jointly in accordance with U_S. Department of Housing Urban and Development (HIID) guidelines and protocols; and WHEREAS, it is necessary for Town. of Marana the to enter into this Intergovernmental Cooperative Agreement with Pima County as the sponsoring agency to meet the requirements of HUD's Housing and Community Development Act of 1974; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Contract between the Town of Marana and Pima County is herby approved and the Mayor is herby authorized to execute it for and on behalf of the Town of Marana; PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, this Su' day of June, 2007. v~~\~ of 1~~~~ ~ _ ~ ,~~ ~O1 C~ooo Tf ~ yew - = Mayor E Honea SE~iC, '~`~~~ruuUO~~``` ~~ ATTEST: ~~~ftlli#~~~°~ APPROF D AS TO FORM: :' ~ r .;°' ~ ~. ~~t ' _ ~~ ce yn ronson, Town Clerk ^ ~~ Frank Cassi y, wn Atto y ~.- J "~ Regular Council Meeting -October 6, 2009 -Page 43 of 164 lntergovemmentai Cooperative Agr- ~;ten~,,R, between in~cices. Pima County and Town of Mar r~ c~"~`nts for the ..ontr~ct. Community Development Block Grant Program - and Home Investment Partnership Program This Intergovernmental Cooperative Agreement made and entered into this _ day of 2007, by and between the County of Pima, a body politic grid corporate of the State of Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of the State of Arizona, located within the boundaries of the County of Pima, hereinafter referred to as "Town_" RECITALS A. WHEREAS County and Town may contract for services and enter into agreements with one.. anotherfor joint or cooperative action pursuant to A_R.S. § 11-951, et seq. B_ WHEREAS it is necessary to enter into a Cooperative Agreement in order to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments. - C. WHEREAS County and Town are individually authorized by law to engage in housing and community development activities. D_ WHEREAS County and Town do hereby find and determine that it is in the best interest of the residents of the unincorporated areas of the County and the Town that housing and community development activities be performed jointly in accordance with the provisions of this Agreement and that the U.S. Department of Housing and Urban Development recommends that expenditures of funds for such purpose be on an Urban County basis. E. WHEREAS it is mutually beneficial to each of the parties hereto for County to administer and execute the provisions of this Agreement and the provisions of the Agreement for Management and Implementation of the CDBG Program and HOME Program Agreements entered into by the parties, which Agreements. are hereby incorporated by reference as if fully set forth herein, in accordance with the terms and conditions hereinafter provided and subject to focal ordinance and State. and Federal law: NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agrees as follows: - 1. Pima County as an Urban County, is hereby. designated as the sponsoring agency to administer and implement the plan and program for housing and community development activities for each of the participating parties to this Agreement in accordance with the provisions of the Housing and Community Development Act of 1974 and subsequent amendments, the laws of the State of Arizona, and the terms and conditions provided herein. In this respect, the Town agrees that the County is hereby delegated the power to plan and undertake community development projects within its jurisdiction and will have ----~_ ~~~~~~i`.,4 X5`:1. G~r~c- =. ~_ .._ :ter 0:, nd Regular Council Meeting -October 6, 2009 -Page 44 of 164 the final respansibility far selecting all CDBG and HOME projects in accordance with the approved Community Development and Housing Consolidated Plan pursuant to 24 CFR. Part 91. 2- It is understood and agreed that the County as the Grantee is to take the final responsibility and to assume all. the obligations of applicant for assistance under the provisions of said Housing and Community Development Act of 1974 and subsequent amendments, the three-year certifications as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. The County and Town agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, speafically urban renewal and publicly assisted housing. 4. The County and Town do not have the power to veto or otherwise restrict or withhold the support given by the County ar the Town to the activities proposed in the Consolidated Plan for any program year covered by this Agreement. in the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entity's share shat! be expended within al( or any portion of the area served by the member entities who qualify under the provisions of said Act. 5. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1974 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the United States l~parh~rrent of Housing and Urban Development. All parties hereto agree to abide by the terms and conditions of an approved Consolidated Plan for hous"sng and community development activities as submitted to the Department of Housing and Urban Development Upon executing the Agreement the Town agrees not to apply for CDBG funds from the State of Arizona Small Cities Program, and may not participate in a HOME consortium except through the Urban County during the period in which it is participating in the Urban County's CDBG Program. Nothing herein shat! be construed as limiting in any manner the powers of any of the respective parties to initiate and complete a local project within their respective jurisdiction with their own funds. 6. The 1st day of July 2007 ,shat( be the effective date of Agreement, and remain in force for three years. This Agreement covers CDBG and HOME Program funding for Federal Fiscal years 2U08, 2009, and 20 i0. This Agreement may be amended to extend the tetra of Agreerrrent in order to complete activities funded but not completed, or to expend program income received during the three~years covered by this Agreement 7. The Town and the County recognize that the County shall be the governmental entity required to execute any grant agreement received pursuant to Consolidated Plan, and that the County ,shall thereby become responsible thereunder for the proper performance of the plan and. program. The Town agrees that it-shall fully cooperate with the County in all efforts hereunder and that they will assist in doing any and all things required or appropriate to comply with the provisions of any grant agreement received by the County pursuant to the Act and its regulations. '~` +~ Regular Council Meeting -October 6, 2009 -Page 45 of 164 8. All records of the County or Town related to this Consolidated Plan and any projects undertaken pursuant thereto shall upon reasonable notice, be available for inspection by HUD, County, and/or Town auditors, during normal business hours. 9. This Intergovernmental Cooperative Agreement shall be binding upon the parties hereto, their successors and assignees. Any assignment of Agreement shall be void w'sthout the consent of the other party. 10. Pursuant to the primary objective of Title I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their Community Development Block Grant and HOME Program resources toward the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities; principally for persons of low-and moderate-income. 11. County and Town will take all required actions necessary to comply with the Urban County's Certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title Vl of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title 1 of the Housing and Community Development Act of 1974 and other applicable Paws. County shat( not fund Town if the Town does not affirmatively further fair housing within its own jurisdiction. County and Town agree to affirmatareiy further fair housing within County and Town. Town steal( take no actions fo impede the County's actions to comply with County fair housing certification_ 12_ County and Town have adopted and are~enforang policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable. State and local laws against physically barring entrance to or exit from a facility or {ovation which is the subject of such non violent civil rights demonstrations within its jurisdiction_ 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated .plan and program as contemplated hereunder or for the purpose of complying with any grant agreement received or the regulations issued pursuant to the Act_ Failure by either party to adopt an Amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation Agreements set forth in the Urban County Qualification Notice applicable. for the year in w!?ich the next qualifscation of the Urban County is scheduled shall automatically terminate this Agreement following the ~~ expenditure of all Community Development Block Grant and HOME funds allocated for use in the Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), the Town is subject to the same requirements applicab[e to subrecipients, including the requirement for a written Agreement set for±fi in 24 CFR 570.503_ Regular Council Meeting -October 6, 2009 -Page 46 of 164 15. The County, as the CDBG grant recipient for the urban county has full responsibility for the execution of the community development program, for following its Consolidated Plan, and for meeting the requirements of other applicable laws {e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec_ 504 of the Rehabilitation Act of 1973, Sec. 109 of the Housing and Community Development Act of 1974, the Americans with Disabi}ities Act of 1990, and for afFrmativefy furthering fair housing). County shall be held accountable for the accomplishment of the community development program, fior following the Consolidated Plan, and for ensuring that actions necessary for such accomplishment are taken by Town. 16. The parties acknowledge that A_R.S_ § 38-511 requires that notice of A.R.S_ § 38-511 be included in every contract of a political subdivision of the State of Arizona and that both parties must comply with ail applicable provisions of Arizona Executive Order 75-5, as amended by Executive Order 99-4 [relating to non-discnmination)_ THIS SPACE INTENT[ONALLY LEFT BLANK 6 .. ~ ...., Regular Council Meeting -October 6, 2009 -Page 47 of 164 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the 1 gth day of ,~„nP .2007. PIMA COUN BOARD OF SUPERVISORS Ch irman, Board f upervisors ATTEST: Clerk, Board of Supervisors REVf ED BY: ~~.1 Director, Co un'-ty Development & Neighborhood Conservation Department Pursuant to A.R.S. § 11-952, the undersigned, Pima County's legal counsel has determined that the above Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to Pima County. Karen Friar Typed Name of Legal Counsel Signature of Le/al~u~sel ~~/ TOWN OF MARANA ~~~~ Mayor T t:.. Clerk Pursuant to AR.S. § 11-952, the undersigned, Town of Marana's legal counsel has determined that the above agreement is in proper form and is w'sthin the powers and authority granted under the laws of the State of Arizona to the Town of Marana. Frank Cassidy Typed Name of Legal Counsel ,~ •~, .. Regular Council Meeting -October 6, 2009 -Page 48 of 164 OPINION OF DEPUTY COUNTY ATTORNEY fNTERGOVERMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHfP PROGRAM t am an Attorney at Law admitted to practice in the State of Arizona and a duly appointed Deputy County Attorney for the County of Pima_ have examined the Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program entered into by and between the County of Pima and the Town of Marana, pursuant to Title I of the Housing and Community Development Act of 1974, and 1 am of the opinion that the Agreement has been duly authorized by the Board of Supervisors of the County of Pima in accordance with State and local legal requirements. I ~am further of the opinion that the names and provisions of the agreement are authorized under state and local law and that Pima County is authorized to enter into this agreement pursuant to state and local law_ To the best of my knowledge, there is no pending or threatened litigation affecting the implementation of the Cooperation Agreement or the ability of the County of Pima to be the applicant for funding as a Urban County under Title t of the Housing and Community Development Act of 1974, as amended. ~, ';~. ~. Regular Council Meeting -October 6, 2009 -Page 49 of 164 EXHIBIT E PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2009-2010 CONTRACT # TOWN OF MARANA ADMiN1STRATION, HOUSING REHABILITATION, AND AFFORDABLE HOUSING LAND ACQUISITION FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF REQUEST # Activity Budgeted Expenditures This Month Cumulative Ex enditures Balance Available Administration $ 30,000.00 Housing Rehabilitation $100,000.00 Total Bud et $130,000.00 Funds requested this month $ . (this line must equal the GRAND TOTAL column for "EXPENDITURES THIS MONTH") hereby certify that to the best of my knowledge, the date reported represents actual receipts and actual expenditures which have been incurred in accordance with the agreement for management and implementation of the CDBG Program and are based on official accounting records and supporting documents which will be maintained by us for purposes of audit. REVIEWED BY TITLE DATE PREPARED BY TITLE PHONE NUMBER DATE Regular~@~r~julg~~ l~ct~gi, 2009 -Page 50 of 164 ~ 4 EXHIBIT F PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2009-2010 CONTRACT # TOWN OF MARANA ADM{NISTRATION, HOUSING REHABILITATION, AND AFFORDABLE HOUSING LAND ACQUISITION BUDGET MODIFICATION Please include: 1. A written justification for the modification for the line item(s) you wish to change; and 2. Anew billing request with the requested change. Budget change request must be limited to 10% of the total Grant Agreement amount and submitted within 30 days of the request. Requests for budget change may not be accepted after July 7, 2010. Please include the following: Date: Name of person requesting change: Activity Budgeted Requested Modification Balance Available Administration $ 30,000.00 Housing Rehabilitation $100,000.00 Total Bud et $130,000.00 The reason for the changes to our budget is as follows: Authorized Signature Mail or fax to: Allen Kulwin Pima County, Kino Service Center 2797 East Ajo Way, 3`~ Floor Tucson, AZ 85713 Fax Number: 520-243-6796 Date Regula~zeo~~E•iMBeti~g 3~ctQlOg~i, 2009 -Page 51 of 164 15 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item C 4 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-171: Relating to the Police Department; approving and authorizing full execution of a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Homeland Security -Urban Security Initiative Grant Program Discussion: The Urban Area Security Initiate (UASI) is a program managed by the U.S. Department of Homeland Security. The UASI program focuses on enhancing regional preparedness in major metropolitan areas. The UASI program directly supports the National Priority on expanding regional collaboration in the National Preparedness Guidelines and is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery. Across the nation, 62 high risk Urban Areas are eligible for funding under the FY 2009 UASI program. The Tucson Metropolitan Area is classified as one of these areas (Tucson Urban Areas Security Initiative -TUASI) and the Town of Marana participates alongside Oro Valley, Sahuarita, Tucson, South Tucson, Pima County, the Pasqua Yaqui Nation and Tohono O'odham Nation as part of the eight member TUASI collaborative. Under a joint planning initiative, TUASI partners have established the Regional Planning Cooperative to address both the individual needs of local jurisdictions and to create a single body of trained, focused, and coordinated personnel equipped to create homeland security and emergency preparedness plans where they are absent, update/complete plans that have not yet been completed, and deconflict plans across our region. To ensure equal representation and participation by all partners across the region the five jurisdictions without full time planners have come together to apply for funding under the Homeland Security Grant Program to establish this cohesive effort. The goal of the Regional Planning Coop is to coordinate planning efforts across the eight TUASI jurisdictions in support of the AZ State Homeland Security initiatives and ensure equal representation and participation by all partners. TUASI recognizes the need to form a focused team to mitigate the concerns, threats, and challenges that face our region and nation. The Regional Planning Cooperative will coordinate planning efforts across the eight TUASI jurisdictions to support the AZ State homeland security initiatives. The 2009 Homeland Security funding awarded under the proposed contract will be used to hire a Planner to participate as part of the TUASI Regional Planning Cooperative. Regular Council Meeting -October 6, 2009 -Page 52 of 164 Financial Impact: There is no match funding requirment under this program. ATTACHMENTS: Name: ^ Police -Homeland Securrir~ Planniny_Grant 2009-20.10 Resolution.doc ^ Police - Homeland_Security Plannn~_Grant 20Q9-2_0...1.0 Contract_Docu merit. doc Description.: Homeland Security Grant Agreement Resolution Hameiand Security Grant Agreement Contract Type: Resolution Backup Material Staff Recommendation: Staff recommends approval of the Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Homeland Security Grant Program. Suggested Motion: I move to approve Resolution No. 2009-171; authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Homeland Security Grant Program. Regular Council Meeting -October 6, 2009 -Page 53 of 164 MARANA RESOLUTION N0.2009-171 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF A SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECENING FUNDS UNDER THE 2009 HOMELAND SECURITY -URBAN SECURITY INITIATNE GRANT PROGRAM WHEREAS, the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS, the Marana Police Department is working with the Arizona Department of Homeland Security, the Tucson Urban Area Security Initiative (TUASI), and other community agencies as a regional partner in the Homeland Security Grant Program; and WHEREAS, the Arizona Department of Homeland Security has awarded grant funding (CFDA #97.067) for the provision of personnel expenses, employee related expenses, supplies, travel, and equipment funding to support a regional planner to work in coordination with the TUASI Regional Planning Cooperative; and WHEREAS, under the terms of the 2009 Homeland Security Program upon execution of the Subgrantee Agreement the Town of Marana is eligible to receive funds in the amount of $100,000 from the Arizona Department of Homeland Security. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, the Council approves the agreement and authorizes the Town Manager and staff to take appropriate actions to carry out the terms of the agreement with the Arizona Department of Homeland Security. PASSED AND ADOPTED BY THE MAYOR. AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 54 of 164 SUBGRANTEE AGREEMENT 09-AZDOHS-HSGP- 555900-01 Between The Arizona Department of Homeland Security And Town of Marana WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana (subrecipient) for services under the terms of this Grant Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2009 and shall terminate on September 30, 2010. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled, "TU- Regional Planning Cooperative" and funded at $100,000 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a> Provide up to $100,000 to the subrecipient for services provided under Paragraph III. b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used for the project(s) and scope of work outlined in this Agreement. Therefore, should the project not be completed, be partially completed the subrecipient shall reimburse said funds directly to AZDOHS immediately, or be completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. 09-AZD~'~~~~uncil Meeting -October 6, 2009 -Page 55 of 164 Page 1 VI. FINANCIAL AUDIT/PROGRAMTIC MONTIORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and §35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par., 7501-7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A- 133 ("Audits of States, Local Governments, and Non-profit Organizations") if the subrecipient expends more than $500,000 from federal awards. • If the subrecipient has expended more than $500,000 in federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and onsite monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance, Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at http://www.access.Apo.gov/nara/cfr/waisidx 07/44cfnr1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at http://www.access.gpo.gov/nara/cfr/waisidx 07/2cfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at http://www.whitehouse.gov/omb/circulars/a 133/a133.html. c) 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments (formerly OMB Circular A-102 at http://149.168.212.15/mitigation/Library/44 CFR-Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at httgs://www.rkb.mipt.org/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20 Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the national Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66. Included within the above mentioned guidance documents are provisions for the following: 09-AZD~~~~Suncil Meeting -October 6, 2009 -Page 56 of 164 Page 2 NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources arc discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full environmental and historic preservation review will result in anon-compliance finding. Consultants Billings for consultants must include at a minimum: a description of services; dates of services; number of hours for services pertormed; rate charged for services; and, the total cost of services pertormed. Consultant costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the sub-grantee and 44 CFR Chapter 1 part 13 and should not exceed the maximum of $450.00 per day per consultant unless prior written approval is granted by the AZDOHS. Personnel and Travel Costs Personnel and Travel costs must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time can the subrecipient's policies exceed the state rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: http://www.gao.state.az Nonsupplanting Agreement The subrecipient shall not use funds to supplant state or local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within 30 days. If the vacancy is not filled within 30 days, the sub-grantee must stop charging the grant for the new position. Upon filling the vacancy, the sub-grantee may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify requirement. a) The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program.) 09-AZD~~~~~uncil Meeting -October 6, 2009 -Page 57 of 164 Page 3 b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Contractor may be subject to penalties up to and including termination of the Agreement. c) The Department retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 8(a). Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this subpart have the following meaning (See also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Subpart 114S- 60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allow ability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment list and guidance documents referenced above. VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable federal regulations for administrative requirements, costs principles and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: 09-~D~e~trl~VC~uncil Meeting -October 6, 2009 -Page 58 of 164 Page 4 • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided except for the final report which shall be submitted within forty-five (45) days. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.ctov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. b) Quarterly reports are due: January 15 (period October 1-December 31) April 15 (period January 1 -March 31) July 15 (period April 1 -June 30) October 15 (period July 1 -September 30) c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. All reports shall be submitted to the contact person as described in Paragraph XXXIX, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. 09-AZD~~~~~uncil Meeting -October 6, 2009 -Page 59 of 164 Page 5 Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment,"and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. SUBCONTRACTORS The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the State of Arizona procurement policy, OMB Circulars, Code of Federal Regulations, DHS guidance and DHS Program Guide. The subrecipient agrees and understand that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance if its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services provided and goods purchased under this Agreement shall be performed and located within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work pertormed by subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind either party for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS, at its option, may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State or its subdivisions (unit of local government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. This Agreement is subject to cancellation by either party pursuant to A.R.S. § 38-511. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. 09-AZD~~~uncil Meeting -October 6, 2009 -Page 60 of 164 Page 6 XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the pertormance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, pertormance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict pertormance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming pertormance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Section X Reporting Requirements of this Agreement; provided, however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are herby superseded or merged herein. XXV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. 09-AZD~~~~~uncil Meeting -October 6, 2009 -Page 61 of 164 Page 7 XXVI. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVII. NON-DISCRIMINATION The subrecipient shall comply with all state and federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. Title 41, Chapter 9, Article 4 and Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, disability or political affiliation, shall have equal access to employment opportunities. XXVIII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXIX. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXXI. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with federal funds shall contain the following statement: "This project was supported by Federal Grant CFDA 97.008 awarded by the Arizona Department of Homeland Security. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security and the Arizona Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub-grantees or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. 09-AZD~1i~~G~uncil Meeting -October 6, 2009 -Page 62 of 164 Page 8 The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXII. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXIII. INDEMNIFICATION Contractor shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards; commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any Federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State of Arizona. XXXIV.TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met, then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure on terms and in the manner that it deems appropriate materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 09-AZD~~~~uncil Meeting -October 6, 2009 -Page 63 of 164 Page 9 XXXV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform in accordance with the requirements of the agreement up to the date of termination as directed in the termination notice. XXXVI. PARAGRAPH HEADINGS The paragraph headings in this agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this agreement or any of its provisions. XXXVII. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVIII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXIX. SPECIAL CONDTIONS a). The grantee and subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b). The recipient acknowledges that GPD and AZDOHS reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award orsub-award; and (2) any rights of copyright to which a recipient orsub-recipient purchases ownership with Federal support. The recipient agrees to consult with GPD regarding the allocation of any patent rights tha tarise from, or are purchased with, this funding. c). The recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d). The subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e). To the extent that recipients of a grant use contractors or subcontractors, such recipients shall use small, minority, women-owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. f). The recipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 09-AZD~~~~uncil Meeting -October 6, 2009 -Page 64 of 164 Page 10 XL. NOTICES Any and all notices, requests, demands or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing and shall be delivered in person or shall be sent to respective. parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: T. VanHook, Community Development Director Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 XLI. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town of Marana Gilbert Davidson, Town Manager Date FOR AND BEHALF OF THE Arizona Department of Homeland Security Gilbert M. Orrantia, Director Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 09-AZDC~'~~uncil Meeting -October 6, 2009 -Page 65 of 164 Page 11 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item C 5 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-172: Relating to Community Development; authorizing an agreement between the Marana Chamber of Commerce, Inc. an Arizona 501(c)(6) non-profit organization to support the Marana Visitor Center and economic development activities performed on behalf of the Town of Marana Discussion: The Marana Chamber of Commerce was established in 1987 with a vision to "Build Business and Community Relationships". The Chamber's missions for staff and members work collaboratively with all industries and levels of government to build a balance between economic growth and quality of life in our community. The Chamber is requesting $40,000 in funding to promote economic development in the region. The Marana Chamber is proposing specific activities developed to support the Town in the retention, recruitment, and development of businesses in Marana. The activities specified in this plan include: 1. Updating and maintenance of a website that will receive 42,000 hits during the fiscal year. 2. Linking 2,600 visitors annually to community partners providing statistics on economics and tourism. 3. Holding monthly luncheons with 750 members and guests in attendance annually. 4. Holding monthly breakfasts with 780 members and guests in attendance annually. 5. Distributing 7,000 street maps of Marana to area merchants, visitor centers, and attractions. 6. Operating the Marana Visitor's Center during the business hours of 8:30 am - 4:30 pm Monday - Friday and observing all federal holidays. The Chamber will monitor and report quarterly on progress in each of these categories. In addition, the Chamber will conduct a survey of local businesses to measure the effectiveness of Chamber activities promoting of business opportunities in Marana. The Town has set a benchmark for the survey measuring success as at 85%, of respondents reporting an increased awareness of business opportunities in Marana. ATTACHMENTS: Naive: Description: Type: ^ Marana_Chamber_of Commerce Resolution 2009- Regular Council Meeting -October 6, 2009 -Page 66 of 164 201.Odoc Marana Chamber Agreement 2009-2010 Resoluticn ^ Marana Chamber of Commercel_Co.ntract Documents. Marana Chamber Agreement 2009-2010 Contract Backup Material 2010. DOC ^ Marana_Chamber of Commerce Contract Exhibits A-C Marana Chamber Agreement 2009-2010 Attachments Backup Material 201 Q.~df Staff Recommendation: Suggested Motion: I move to approve Resolution No. 2009-172, granting $40,000 in funding to the Marana Chamber of Commerce to support the Marana Visitor Center and economic development activities performed on behalf of the Town of Marana. Regular Council Meeting -October 6, 2009 -Page 67 of 164 MARANA RESOLUTION N0.2009-172 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING AN AGREEMENT BETWEEN THE MARANA CHAMBER OF COMMERCE, INC. AN ARIZONA 501(C)(6) NON-PROFIT ORGANIZATION TO SUPPORT THE MARANA VISITOR CENTER AND ECONOMIC DEVELOPMENT ACTIVITIES PERFORMED ON BEHALF OF THE TOWN OF MARANA WHEREAS, the Town of Marana has established a need for economic development activities to ensure a balance sustainable community; and WHEREAS, the Marana Chamber of Commerce operates a Visitors Center providing information about the Town's attractions and business services; and WHEREAS, the Marana Chamber of Commerce support economic development by organizing special events, providing outreach; and encouraging volunteerism; and WHEREAS, the Town of Marana recognizes the Marana Chamber of Commerce as a link to the community that provides support for business retention, recruitment, and new enterprises development activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, the Mayor is authorized to execute an agreement with the Marana Chamber of Commerce for Fiscal Year 2010. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 68 of 164 FUNDING AGREEMENT MARANA CHAMBER OF COMMERCE, INC. THIS FUNDING AGREEMENT ("Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ("Town") and the Marana Cham- ber of Commerce, Inc., an Arizona 501 (c) 6non-profit corporation ("Agency"). The Town and the Agency are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Town has established a need for economic development activities to en- sure abalance sustainable community. The Agency operates a Visitors Center that provides information about the Town's attractions and business services benefitting the Town and its residents by pro- moting awareness and appreciation of diverse traditional and cultural arts in the Marana area. B. The Town has determined that the general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. C. The Parties acknowledge that tracking Town payments and Agency outputs and outcomes resulting from the Town funding is prudent practice to assure that public funds are appropriately used and that the public receives the anticipated benefits of the funding. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: 1. Funding;. The Town hereby commits $40,000 of funding from the Town's Fis- cal year 2009-10 budget to the Agency to fund general assistance, and an additional $20,000 for specific improvements to the Chamber of Commerce Visitor Center. 2. Outputs. Between July 1, 2009 and June 30, 2010, the Agency hereby agrees to provide the following outputs with the Town general assistance funding provided under this agreement: 2.1. The Chamber website will receive 3,500 hits during the fiscal year. 2.2. The Chamber will link 1,500 visitors annually to community partners providing statistics on economics and tourism. 2.3. The Chamber will hold monthly luncheons with 550 members in at- tendance annually. Regular Co~gdl, I~~~'~Z~gb~~~~p~~~cf}4e1 Contract Doctunents 2010.DOC - 1 - 2.4. The Chamber will hold monthly breakfasts with 440 members in at- tendance annually. 2.5. The Chamber will hold monthly LED meetings. 2.6. The Chamber will distribute 7000 street maps of Marana to area mer- chants, visitor centers, and attractions. 3. Outcomes. Between July 1, 2009 and June 30, 2010, the Agency hereby agrees to provide outcomes from their annual survey under the guidelines listed below measur- ing the effectiveness of output activities provided under Town general assistance funding under this agreement: 3.1. The Chamber will survey its full membership. 3.2. The Chamber will develop survey questions and methodology in col- laboration with Town Economic Development staff. 4. Payment Request. Not more than once a month, the Agency shall complete and submit a payment request form to the Town in the form attached as Exhibit A. 5. Quarterly Report. Within 15 days after the end of each calendar quarter for which the Agency receives funding under this Agreement or before receiving its next quarterly payment, whichever occurs first, the Agency shall complete and submit a quar- terly report to the Town in substantially the form attached as Exhibit B, showing the Agency's progress toward the outputs and/or outcomes set forth in paragraph 2 above. 6. Required Insurance. Before receiving any payment under this Agreement, the Agency shall provide insurance certifications evidencing the following coverages for at least the term of this Agreement: 6.1. $1,000,000 per occurrence general liability coverage with the Town listed as additional insured. 6.2. $1,000,000 per occurrence automobile liability coverage with the Town listed as additional insured (if the Agency has vehicles). 6.3. $1,000,000 per occurrence directors and. officers coverage with the Town listed as additional insured. 6.4. State of Arizona minimum workers' compensation coverage (if the Agency has paid staff). 7. Corporate Documents. Before receiving initial payment under this Agreement, the Agency shall ensure that copies of the following Agency documentation, including any and all amendments are on file with the Town: 7.1. Articles of incorporation. 7.2. Current bylaws. 7.3. List of current members of the Board of Directors. 7.4. Current fiscal year's budget approved by the Board of Directors. 7.5. Internal Revenue Service designation letter. Regular CO~~~~(I~~~~Z~q~a¢a~a~an~~~f~~irl~~el Contract Documents 2010.DOC - 2 - 8. Amendments to Insurance and Documentation. True and accurate copies of any amendments during the term of this Agreement to coverages or terms of insurance re- quired by paragraph 6 above or to the Agency's corporate documentation listed in para- graph 7 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance coverages below the minimums set forth in paragraph 6 above or that in the Town's reasonable opinion materially affect the Agency's ability to deliver the outputs and/or outcomes set forth in paragraph 2 above constitute default for which the Town may withhold payment until the Agency restores the minimum insurance cover- ages or restores the Agency's ability to deliver the outputs and/or outcomes. 9. Default and Dispute Resolution. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in paragraph 10 to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have twenty days from the date of the notice within which to cure the default. If any de- fault is not cured within twenty days, then the Non-Defaulting Party shall be the Town, its officers, employees, and agents from and against any and all claims relating to the Agency's activities, including but not limited to those funded in whole or in part by this Agreement. 10. Manner of Servin;;. All notices, filings, consents, approvals and other com- munications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: TOWN OF MARANA Town Manager 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To the Agency: Marana Chamber of Commerce, Inc. 13881 North Casa Grande Highway Marana, Arizona 85653 11. Term. The term of this Agreement shall begin on the effective date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on July 1, 2010. Regular CO~~~ I~~~~Z~gb~~an~~f~b~m1~}4e1 Contract Documents 2010.DOC - 3 - 12. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Agency of the breach of any teen of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. 13. Attorney's Fees. If any Parry brings a lawsuit against any other Party to en- force any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable, attor- neys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be re- moved from the counterparts and the signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 15. Headin;;s. The descriptive headings of this Agreement are inserted to assist in understanding the meaning and construction of this Agreement. 16. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 17. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 18. Time Essence. Time is of the essence for purposes of this Agreement. 19. No Assi _n~. The Agency's obligations under this Agreement may not be assigned without the written consent of the Town Manager or his designee. 20. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Agency and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 21. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assur- ances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 22. Imposition of Duty b~Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 23. Entire A;reement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contempora- neous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. Regular Co}~~~~&~~~~9~fa~a~a~ai~~AA&1'~o~r~l~el Contract Documents 2010.DOC - 4 - 24. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasona- bly necessary to accomplish the goals expressed by this Agreement. 25. Good Standing; Authority. The Agency represents and warrants to the Town that it is duly formed and validly existing under the laws of the State of Arizona. The Town represents and warrants to the Agency that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party repre- sents and warrants that the individual executing this Agreement on its behalf is author- ized and empowered to bind the Party on whose behalf each such individual is signing. 26. Severability. If any provision of this Agreement is declared void or unen- forceable, it shall be severed from the remainder of this Agreement, which shall other- wise remain in full force and effect. 27. Governing_Law. This Agreement is entered into in Arizona and shall be con- strued and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word '`litigation" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 28. Interpretation.. This Agreement has been negotiated by the Town and the Agency, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 29. Force Majeure. If any Party is unable to perform under this Agreement by rea- son of "force majeure," then the failure to perform shall not constitute a default under this Agreement as long as the non-performing Party uses its best effort to remedy with all rea- sonable speed the event or condition causing the non-performance and performance can be restored within a reasonable amount of time. "Force majeure" means any condition or event not reasonably within the control of a Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders. or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earth- quakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of gov- ernment and of people; explosions; and partial or entire failure of utilities. 30. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which pro- vides for cancellation of contracts by government entities in certain instances involving conflicts of interest. 31. Effective Date; Term. This Agreement is effective on the date of the last Party's signature below and shall automatically terminate and shall thereafter be void for all purposes on July 1, 2010, unless sooner terminated by the mutual consent of the Par- ties. Regular Co~~~ I~~~'y~7~gb~~an~i~~f~~~}4e1 Contract Documents 2010.DOC - 5 - IN WITNESS wxEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. The Town: The Agency: TxE TowN of MARANA, Marana Chamber of Commerce, Inc., an Arizona municipal corporation an Arizona 501 (c) 6non-profit corporation By: By: Printed: Ed Honea, Mayor Its: Date: Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney ExxIBITS A. Payment request form B. Quarterly report form C. Required documents form Regular Co~r~~~ 1~~~~7~gb~~~~~~4e1 Contract Documents 2010.DOC - 6 - ~ARAI~A TOWN OF MARANA I EXHIBIT A -PAYMENT REQUEST FORM (FY 2009-10) Agency/Contractor: Marana Chamber of Commerce, Inc. , Project Name: Services Subbort Funding Prepared by: Name: Authorized by: Authorized Signer Period Reimbursement Requested For: Payment Number: Line Item Line Item Description Title: Date: Expenditures This Period: $ + / -Adjustments (Program Income/Other): $ Net Request This Period: $ Approved Expenditures Expenditures Budget (A) This Period (B) Prior Periods (C) Balance (D) 1. Services Support $ 40,000.00 $ -0- $ -0- $ 40,000.00 2. 3. 4. 5. TOTAL (must total Town of Marana award) $ $ $ $ NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGERS APPROVAL: FINANCE APPROVAL: QUARTERLY REPORT RECEIVED: ^ YES DATE: CHECK NUMBER: DATE: All requests for budget changes are required to be submitted in writing and approved by Community Services Department. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance measures reports may delay the processing of payment requests. Regular Council Meeting -October 6, 2009 -Page 75 of 164 c O .~ ~-+ O L C 0 ~_ ~- ~ o d r ~ ~ ~ ~ ~N O L ~ O ~ yo ~ ~ ~N ~ ~ ~ ~ -OC~cm _~ ~ ~ ~ ~ 3 m ~ U ~_ v O ~ N I- ~ ~- K W ~ ~ c 0 ai ~ ~ Q° a~ o E ~ o °~ U~ v- U_ O ~ O` ~ C 0 ~ IJJ U o ~ fl. 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C V a O d L ~ ~ O N ~ E C C~',~. 7~ L O E~ L .f] ~ E... OIL a (B U E C 6 0 ~ O-O O O-~L N d N d N (n O U ~ N ~ N d~ 3 L~~~~ U C L .... U L U~ C U ~ O- fOjJ (/7 ~ U U t L ~ ~ ~~ ~ ~. ~ ~ ~ O O ~~ U N p~ V U o U Q V O U O ~ O O C~~ ~~ ~ ~ O w N U c9 U ~ ~.-~ ~ M ~' . N C L (4 N U a L U U U p ~ O ~~ 0 0 I1 fn 0- C O 3 0~ Q-'-' C fl) C f6 C (/) 7~ C 0 y a'C t0 T CQ 0 0 0 .0-, w U N .C C~ Y~ U f0 lL LL Z a Q ~o.~~E~ 3a~i~ mo~ ~ ~inmv,m~ - ~~c>v~°o~~n ~ ^ ^ ^ oO~~ao o~~o~n o~~ >o~ o~~.~~ao~ a ~~~A~A AGENCY: Marana Chamber of Commerce, Inc. PROJECT: Service Support Funding EXHIBIT C: REQUIRED DOCUMENTATION Outside agencies receiving funding from the Town of Marana are to provide corporate documents and insurance certifications to the Town on an annual basis. • • ~~ Generpf Liability with Town Additionally-insured Minimum $1,000,000 Automobile Liability with Town Additionally-insured Minimum $1,000,000 Directors and Officers Minimum $1,000,000 Workers Compensation ~~••~~ ~• Articles of Incorporation Received fl7/2007 Current/Updated Bylaws Received 07/2007 Board Approved Budget (Current FY) Board of Directors List (Including Affiliation) IRS Designation letker Received 07/2007 The Town of Marana has documentation that the above coverages are in effect. Signed: Chamber of Commerce representative Date Signed: Town of Marana Managers Office Date FAILURE TO SUBMIT THESE DOCUMENTS MAY DELAY THE PROCESSING OF PAYMENT REQUESTS. Regular Council Meeting -October 6, 2009 -Page 79 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item C 6 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-173: Relating to Community Development; granting $36,000 in Funding to the Marana Western Heritage Committee, Inc. an Arizona 501(c)(3) non-profit organization to support youth activities at the Marana Heritage Arena Discussion: The Marana Western Heritage Committee, Inc. (MWHC) is requesting $3,000 per month in funding to support the operation of the Western Heritage Arena. MWHC was incorporated on September 6, 2007 and received non-profit status under IRS Code 501(c)(3) in May 2008. The organization's mission is to promote and cultivate Marana's rich western equestrian and agrarian heritage, history and culture. MWHC places an emphasis on fostering equestrian events, especially encouraging and supporting youth participation through the Marana Junior Rodeo. The two primary goals of the MWHC are to: (1) preserve the western way of life that Marana is known for; and (2) afford youth a place to go and participate in our western equine heritage at an affordable cost that is close to home. MWHC operates the Heritage Arena located on the Casa Grande Highway at Postvale Road in Marana. The Arena provides a facility for Marana community for youth rodeos, gymkhanas, team roping, barrel racing, pro- and amateur-rodeo, mounted shooters. The Arena offers a safe, affordable alternative with well run services that meet the needs of these youth, senior adults, and families. During the funding period ending June 30, 2009, the MWHC plans to hold more than 125 days of events at the arena and anticipates that well over 10,000 entrants. On an ongoing basis, the MWHC will provide opportunities for local residents to utilize the practice area, free of charge with an appointment; regularly scheduled weekly practice events; and junior rodeo. The MWHC will document and report to the Town event entry numbers, demographic information, prize awards, and to the best of its ability, they will track the zip codes of entrants to help estimate the economic impact of events on local businesses. ATTACHMENTS: Name; Desct~iption: Type: ^ MWHC Resolution 2009- Regular Council Meeting -October 6, 2009 -Page 80 of 164 2oo~o.do ~ MWHC - MOU 2009-_ 2010.DOC ~ MWHC_MOU_EX,pd. f Staff Recommendation: MWHC Funding Resolution MWHC MOU MWHC MOU Attachments Resolution Backup Material Backup Material Suggested Motion: I move to approve Resolution No. 2009-173, granting $36,000 in funding to the Marana Western Heritage Committee to support youth activities at the Marana Heritage Arena. Regular Council Meeting -October 8, 2009 -Page 81 of 164 MARANA RESOLUTION N0.2009-173 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $36,000 IN FUNDING TO THE MARANA WESTERN HERITAGE COMMITTEE, INC. AN ARIZONA 501(C)(3) NON- PROFIT ORGANIZATION TO SUPPORT YOUTH ACTIVITIES AT THE MARANA HERITAGE ARENA WHEREAS, the Town of Marana is committed to preserving and celebrating its western heritage and supporting programs that encourage positive activities for Marana youth and families; and WHEREAS, the Town has constructed and owns a rodeo arena known as the Western Heritage Arena which is located on property owned by the Marana Unified School District; and WHEREAS, the Marana Western Heritage Committee supports the preservation of the area's unique western heritage by organizing special events, providing outreach, and encouraging volunteerism; and WHEREAS, the Marana Western Heritage Committee operates the Heritage Arena providing a facility for youth rodeos, gymkhanas, team roping, barrel racing, pro- and amateur- rodeo; and WHEREAS, the Mayor and Town Council of the Town of Marana find that the best interest of the public are served by entering into a Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Mayor is authorized to execute a Memorandum of Understanding with the Marana Western Heritage Committee for Fiscal Year 2010. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of October, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 82 of 164 MEMORANDUM OF UNDERSTANDING MARANA WESTERN HERITAGE, INC. THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and be- tween. the TOWN of MARANA, an Arizona municipal corporation ("Town") and the Ma- rana Western Heritage Committee, Inc., an Arizona 501 (c) 3 non-profit corporation (``Agency"). The Town and the Agency are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Town has constructed and owns a rodeo arena known as the Western Heri- tage Arena ("Arena"). The Arena is located on certain property ("Property") in the Town of Marana that is owned by the Marana Unified School District ("MUSD"). The Prop- erty is adjacent to and east of the MUSD maintenance facilities located at Barnett and Postvale Roads. B. The Agency has procured rights for the use of the Property upon which the Arena is located through a separate agreement with MUSD. C. Agency desires to use and maintain the Arena for public, community events that benefit the citizens of the Town. D. The Town desires use of the Property during Town-sponsored community and special events that benefit the citizens of the Town. E. The Agency provides benefits to the Town and its residents by promoting awareness and appreciation of diverse traditions and cultures in the Marana area. F. The Town finds that the benefit to the Town resulting from the Agency's use and maintenance of the Arena and from the Town's use of the Property in accordance with the terms of this MOU have a value at least equal to the consideration provided by the Town to the Agency under this MOU. G. The Parties acknowledge that tracking Town in-kind and financial support and Agency outputs and outcomes resulting from the Town funding is prudent practice to as- sure that public funds are appropriately used and that the public receives the anticipated benefits of the funding. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: 1. Arena Usa;;e. The Town shall allow the Agency to use the Arena for appropri- ate rodeo and youth-related events, including events of the Marana Junior Rodeo Asso- ciation ("MJRA"). The Agency shall give MJRA and other youth-related events schedul- Regular C°~f~~~~~~1~9~f~H~,~O~i~I~RI§~1@~d.~C - 1 - ing priority over all other events. In addition, the Town shall have the option to reserve the Arena for a maximum of 6 events per year for community functions. If the Town de- sires to reserve the Arena, the Town Manager or designee shall make reservations with the President of Agency or designee. 2. Funding. To ensure that youth-related groups have access to the Arena free of charge, the Town hereby commits $36,000 funding from the Town's Fiscal year 2008-09 budget to the Agency to fund activities at the Marana Heritage Arena. The Agency shall be responsible for all operating expenses of the Arena including, but not limited to, the cost of all utilities, refuse removal, and service of portable restrooms. 3. Outputs. Between July 1, 2009 and June 30, 2010, the Agency hereby agrees to provide the following outputs with the Town general assistance funding provided under this MOU: 3.1. The Agency will host 120 events in the Arena. 2.2. The Agency will provide weekly open ride nights a minimum of 35 weeks. 2.3. A minimum of 7,000 entrants will participate in events held at the Arena. 2.4. The Agency will document 5,000 volunteer hours support Arena events and Agency operations. 2.5. The Agency will provide a count of participants from outside of the Pima County/Metropolitan Tucson area entering events 2.6. The Agency will expand complete facility upgrades including the in- stallation of bleachers to expand view capacity. 2.7. The Town shall have the option to reserve the Arena for a maximum of 6 events per year for community functions. If the Town desires to re- serve the Arena, the Town Manager or designee shall make reservations with the President of the Agency or designee. 4. Outcomes. Between November 1, 2008 and June 30, 2009, the Agency hereby agrees to provide outcomes from their annual survey under the guidelines listed below measuring the effectiveness of output activities provided under Town general assistance funding under this MOU: 4.1. Events at the Arena will bring tourists and participants from outside of the Pima County/Tucson Metropolitan region to the Town of Marana. 3.2. The Area will be expanded to accommodate a larger viewer capacity. 5. Payment Request. Not more than once a month, the Agency shall complete and submit a payment request to the Town in the form attached as Exhibit A. 6. Quarterly Report. Within 15 days after the end of each calendar quarter for which the Agency receives funding under this MOU or before receiving its next quarterly payment, whichever occurs first, the Agency shall complete and submit a quarterly report to the Town in substantially the form attached as Exhibit B, showing the Agency's pro- gress toward the outputs and/or outcomes set forth in paragraphs 3 and 4. Regular Co~~~ I~~~~Z~gb~00~~~4ze~a.~C - 2 - 7. Inspection. The Town shall have the right at all reasonable times to inspect the Arena and to require Agency to correct any unsatisfactory conditions relative to the use and maintenance of the Arena in conformance with the provisions of this MOU. Agency will be provided with written notice of any defects or unsatisfactory conditions by the Town and will be given a reasonable time within which to correct same. 8. Maintenance, Repair and Staffing. The Agency shall provide labor and equip- ment to maintain the Arena and to staff events. The Agency shall obtain permission from the Town prior to making any modifications of the Arena. The Agency may submit re- quests for any capital improvements to the Town. The Town is under no obligation to grant or fund any such requests 9. Required Insurance. Before receiving any payment under this MOU, the Agency shall provide insurance certifications evidencing the following coverages for at least the term of this MOU: 9.1. $1,000,000 per occurrence general liability coverage with the Town listed as additional insured. 9.2. $1,000,000 per occurrence automobile liability coverage with the Town listed as additional insured (if the Agency has vehicles). 9.3. $1,000,000 per occurrence directors and officers coverage with the Town listed as additional insured. 9.4. State of Arizona minimum workers' compensation coverage (if the Agency has paid staff). 10. Corporate Documents. Before receiving initial payment under this MOU, the Agency shall ensure that copies of the following Agency documentation, including any and all amendments are on file with the Town: 10.1. Articles of incorporation. 10.2. Current bylaws. 10.3. List of current members of the Board of Directors, including their af- filiations. 10.4. Current fiscal year's budget approved by the Board of Directors. 11. Amendments to Insurance and Documentation. True and accurate copies of any amendments during the term of this MOU to coverages or terms of insurance re- quired by paragraph 7 above or to the Agency's corporate documentation listed in para- graph 10 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance coverages below the minimums set forth in paragraph 7 above or that in the Town's reasonable opinion materially affect the Agency's ability to deliver the outputs and/or outcomes set forth in paragraph 2 above constitute default for which the Town may withhold payment until the Agency restores the minimum insurance cover- ages or restores the Agency's ability to deliver the outputs and/or outcomes. 12. Default and Dispute Resolution. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this MOU, the other Party Regular Co~~~ 1~~~~1~9~I~I~-~~>~~i®la.~C - 3 - (the "Non-Defaulting Party") shall be entitled to give written notice in the manner pre- scribed in paragraph 12 to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have twenty days from the date of the notice within which to cure the default. If any default is not cured within twenty days, then the Non-Defaulting Party may terminate the agreement and shall not be responsible for any further obligations therein. 13. Mutual Indemnity. To the fullest extent permitted by law, each Party shall in- demnify, defend and hold the other Party, its governing board or body, officers, depart- ments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys', consultants' and accountants' fees or costs and expenses of whatsoever kind or nature, resulting from or arising out of any act or omission of the in- demnifying Party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this MOU. 14. Relationship of Parties. It is not intended by this MOU to, and nothing con- tained in this MOU shall be construed to, create any partnership, joint venture or em- ployment relationship between the parties or create any employer-employee relationship between any the Agency employee/member and any Town employee. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Secu- rity and income taxes for any of its employees. 15. Manner of Serving. All notices, filings, consents, approvals and other com- munications provided for in or given in connection with this MOU shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by regis- tered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: TOWN OF MARANA Town Manager 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To the Agency: Dan Post, President Marana Western Heritage Committee, Inc. Post Office Box 633 Marana, Arizona 85653 Regular C°~~~~I&~~~'1~q~I~H~-0O~F~~~1~~O~.~C - 4 - 16. Term. The term of this MOU shall begin on the effective date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on July 1, 2009. 17. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Agency of the breach of any term of this MOU shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this MOU. 18. Attorney's Fees. If any Party brings a lawsuit against any other Party to en- force any of the terms of this MOU, or by reason of any breach or default of this MOU, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 19. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and the signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 20. Headinl;s. The descriptive headings of this MOU are inserted to assist in un- derstanding the meaning and construction of this MOU. 21. Recitals. The Recitals set forth at the beginning of this MOU are hereby ac- knowledged, confirmed to be accurate and incorporated here. 22. Exhibits. Any exhibit attached to this MOU shall be deemed to have been in- corporated in this MOU by reference with the same force and effect as if fully set forth in the body of this MOU. 23. Time Essence. Time is of the essence for purposes of this MOU. 24. No Assi nom. The Agency's obligations under this MOU may not be as- signed without the written consent of the Town Manager or his designee. 25. No Partnership and Third Parties. It is not intended by this MOU to, and noth- ing contained in this MOU shall, create any partnership, joint venture or other arrange- ment between the Agency and the Town. No term or provision of this MOU is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this MOU, and no such other person, firm, organization or corporation shall have any right or cause of action under this MOU. 26. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assur- ances reasonably request or appropriate to evidence or give effect to the provisions of this MOU. 27. Imposition of Dut~b~. This MOU does not relieve any Party of any ob- ligation or responsibility imposed upon it by law. Regular Co~~~ I~~Z~9b~00~~~$72®ld.~c - 5 - 28. Entire Agreement. This MOU constitutes the entire agreement between the Parties pertaining to the subject matter of this MOU. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 29. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this MOU that are reasonably nec- essary to accomplish the goals expressed by this MOU. 30. Good Standing; Authority. The Agency represents and warrants to the Town that it is duly formed and validly existing under the laws of the State of Arizona. The Town represents and warrants to the Agency that it is an Arizona municipal corporation with authority to enter into this MOU under applicable state laws. Each Party represents and warrants that the individual executing this MOU on its behalf is authorized and em- powered to bind the Party on whose behalf each such individual is signing. 31. Severability. If any provision.. of this MOU is declared void or unenforceable, it shall be severed from the remainder of this MOU, which shall otherwise remain in full force and effect. 32. Governing Law. This MOU is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbi- tration shall take place in Pima County, Arizona. Nothing in the use of the word "litiga- tion" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 33. Interpretation. This MOU has been negotiated by the Town and the Agency, and no Party shall be deemed to have drafted this MOU for purposes of construing any portion of this MOU for or against any Party. 34. Termination. 34.1. For Cause. Any party hereto may terminate this MOU for material breach of the MOU by another party. Prior to any termination under this section, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other party may terminate this MOU. Any such termination shall not relieve either party from liabilities or costs already incurred under this MOU. 34.2. Force Majeure. A party shall not be in default under this MOU if it does not fulfill any of its obligations under this MOU because it is prevented or delayed in doing so by reason on uncontrollable forces. The term "uncontrollable forces" shall mean, for the purposes of this MOU, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or ac- cident to machinery or transmission facilities, weather conditions, flood, earth- quake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act Regular Co~~~~i&~~1i~1~q~f~f~.00~1DR>~~~@~a.~C - 6 - upon applications for approvals or permits which are not due to negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or na- tional emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove any such inability with all reasonable dispatch. 35. Conflict of Interest. This MOU is subject to A.R.S. § 38-511, which provides for cancellation of contracts by government entities in certain instances involving con- flicts of interest. 36. Effective Date; Term. This MOU is effective on the date of the last Party's signature below and shall automatically terminate and shall thereafter be void for all pur- poses on July 1, 2010, unless sooner terminated by the mutual consent of the Parties. IN wiTNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. The Town:. THE TOWN OF MARANA, an Arizona municipal corporation The Agency: Marana Western Heritage Committee, Inc., an Arizona SOI (c) 6non-profit corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney By: Printed: Date: Its: Regular C°~@~d~~~~~~~9~I~I~.~~~i~J~~91@~a.~C - 7 - EXHIBITS A. Payment request form B. Quarterly report form C. Required documents form Regular Council Meeting -October 6, 2009 -Page 90 of 164 DefaultAgenda.1809. LMWHC - MOU 2009-2010.DOC MAI~ANA TOWN O F MA RA N A EXHIBIT A -PAYMENT REQUEST FORM (FY 2009-10) Agency/Contractor: Marana Western Heritage Committee, Inc. Project Name: Marana Western Heritage Arena Youth Activities Prepared by: Authorized by: Name: Title: Authorized Signer Date: Period Reimbursement Requested For: Payment Number: Expenditures This Period: $ + / -Adjustments (Program Income/Other): $ Net Request This Period: $ Line Approved Expenditures Expenditures Item Line Item Description Budget (A) This Period (B) Prior Periods (C) Balance (D) 1. MWH Arena $ 36,000.00 $ -0- $ -0- $ 36,000.00 2. 3. 4. 5. TOTAL Im~Sf rotas ratan or Morava aWa~dl $ $ $ $ NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGERS APPROVAL: FINANCE APPROVAL: QUARTERLY REPORT RECEIVED: ^ YES DATE: CHECK NUMBER: DATE: All requests for budget changes are required to be submitted in writing and approved by Community Services Department. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance measures reports may delay the processing of payment requests. Regular Council Meeting -October 6, 2009 -Page 91 of 164 O (a fl- O ~ ~ N L ~+ ~ C~ ~ O C ~ N ~~ ~ L O = m i0 3~ OWN t ~ ~ ~ x :~-. 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W ~ > C~C Q C ~ ~ U a~ ~ , ~c L 2~ >~ ~ (B ~ ~~ C ~ ~ ~ ~ ~ ~ ai ~ ~ cc~ Z G A r-. d C O ~ Q a m 0 L ~3 d :. .~ ~ : Q 0 J N N :; o> R O » ~ =p o :° ~ R ~ ~~ ~ ~ a~ .~ U p m O (9 C C Q ' N O ~ O ~ U ~ C c ~ C (0 O ~ C ~ a ~ r ~ nth c ~ ~ ~ c6 ~ ~ N U o ~ N R ~ O ~ ~ ~ . ~ ~ C '~ ~ L L O N M T V Q ~ ~ C6 C~ ~ ~ Q~ ~ ~ a °o ~ ~ ~/ ~// LL O ' ~ ~ ~ N ~ Oo ~ Q ~ w ~ ~ O ~ ~ c x ~ ~ ~, , w ~ O ~, o y cu M I W +'~. ~ C ~ _O L ~ tD ~ s.. ,~ O v ~ ~ m mac ` O ~ C ~ ~ T~~ N ~ t0 E ~ O N ~ ~ ~ C ' D. i+ ~ ~ ~ U . ~ O y d ~ (n ~ U ~ U ~ ~ N ~ ~ ~ U a ~ ~ ~ C ~ ~ c L ~ N C6 ~ L ~ ~ ~ (Q ~ C A ~ ~ N O R N _ F- Q O U O a~ a~ 1] ~ p d ~'' O CD ~ y ~ ~ ._-. ~. G- o C ~ O w -p ~ ~ "" ._ '~ O T N ~ ~ ~ ~ ~ '~ ~ ~ ~ ~ 47 ~ d ~ - -a .~ C E ~ .~ a (~f O O U~ aid ~~~ ~~ ~~o°o o ~o~o rn ani ani ~ a~i ~ ~ ~ '~ O` ~- W O C .N- E 7~ . U O Q U O- U L ~ ~ ~ O.. d i a D i a !~ v U ~ °~ c y U ~ a~ c O O j ~~ ~ ~ ~ W~ ~ ~ O L ca U d ` C ... (4 'U (6 'U ~ .~ ~ N M ~ O R~ E ` L~ Ham ~ ~ ~ c Ow C~4 ~ C ~°' F- Q a ~ ~ aia33 ~ C c C m (6 a o ` ;; °~ ~ o ° ~ Sao o ~ U o N ~~ ~ o ~ a c c ~ d °' Q. d U m N O r O ~ C ~ V ~~ V ~ (6 ~ ~ m w O O c ~~ ..V~ O N c6 p a o~ U f0 L.L l.L Z i ~ o a OUP m ~ ~5 ~ _ ~ ~ ~ 03n.d~o R ~ ~Q ~ a ~ OaXi~^°' ~ Q ^^^ 0 N m a a~ 0 O N ~~ O O C Ns'.: N, •c- c 0 U ~_ i ~H~~Nf'l AGENCY: Marana Western Heritage Committee, Inc. PROJECT: Marana Western Heritage Arena Youth Activities EXHIBIT C: REQUIRED DOCUMENTATION Outside agencies receiving funding from the Town of Marana are to provide corporate documents and insurance certifications to the Town on an annual basis. • • ~~ General liability with Town Additionally-insured Minimum $1,000,000 Automobile Liability wi#h Town Additionally-insured Minimum $1,000,000 Directors and Officers Minimum $1,000,000 Workers Compensation •~••~~ ~• Articles of Incorporation Received 12/2008 Current/Updated Bylaws Received 12/2008 Board Approved Budget (Current FY) Board of Directors List (Including Affiliation) IRS Designation Letter Received 12/2008 The Town of Marana has documentation that the above coverages are in effect. Signed: Chamber of Commerce representative Date Signed: Town of Marana Managers Office Date FAILURE TO SUBMIT THESE DOCUMENTS MAY DELAY THE PROCESSING OF PAYMENT REQUESTS. Regular Council Meeting -October 6, 2009 -Page 95 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Item C 7 Subject: Resolution No. 2009-174: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Grant Program Discussion: Operation Stonegarden is a federally funded homeland security initiative involving 14 states. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and Federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. Operation Stonegarden was originally funded through the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding. Marana's participation with Operation Stone Garden will focus on augmenting and supporting Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, Marana will use its authority to control the routes and reduce the propensity for cross-border crime in the area. Patrols will concentrate on the 109 miles of arterial roadways serving as regional east-west connectors between State Route 77 and I-10 and the more than 57 miles of rural, mostly two-lane roads paralleling I-10 to the west. The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal entries through teamwork with other local and federal agencies; (3) assist in the apprehending terrorists and terrorist weapons illegally entering the United States; and (4) coordinate operations with the Pima County Sheriff's Department and U.S. Border Patrol Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. To support this initiative Marana will deploy two uniformed officers for eight-hour shifts, three days per week on an on-going basis. If contact and/or interaction is made with certain "persons of interest" notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol (USBP) or the appropriate agency. Regular Council Meeting -October 6, 2009 -Page 96 of 164 Deployments will be based on specific threats which can be targeted and countered and shifts in illegal traffic patterns due to increased enforcement actions. These activities will be coordinated through the USBP. Marana will identify these shift times and location and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marana Police Department has been impacted by increased contacts with illegal entrants and human and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I-10 corridor. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities: Area one: Sandario road from Emigh to Avra Valley. Area two: Silverbell/Twin Peaks Corridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. Funding has been awarded to support overtime ($105,000), mileage reimbursement ($2,100), and two specific pieces of equipment $40,376. The equipment supplied under this program may be used by the Marana Police Department for non-Stonegarden activities as long as it is kept in good working order and available for all Stonegarden related deployments. Financial Impact: There is no match requirement under this program. The grant funding does not impact the Police Department's operating budget. ATTACHMENTS: Name: De.seriptian: ^ Police - Stone_Garden._Grant 2009-2010 Resolution.doc Stonegarden 2009 Resolution ^ Police -Operation Stonegard_e..n_Eguip_ment Grant 2009-2010 Contract Document,doc ^ Polce._.-._Operation Stonegarden__Personnel Grant 2009-2010 Contract Document.doc Stonegarden Grant Agreement 2009-2010 Equipment Stonegarden Grant Agreement 2009-2010 Overtime Staff Recommendation: Type: Resolution Backup Material Backup Material Staff recommends approval of both Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Grant Program. Suggested Motion: I move to approve Resolution No. 2009-174, authorizing the Town Manager to execute Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2009 Operation Stonegarden Grant Program. Regular Council Meeting -October 6, 2009 -Page 97 of 164 MARANA RESOLUTION N0.2009-174 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE TWO SUBGRANTEE AGREEMENTS WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2009 OPERATION STONEGARDEN GRANT PROGRAM WHEREAS, the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS, the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS, the Arizona Department of Homeland Security has awarded grant funding (CFDA #97.067) for the provision of overtime pay, mileage reimbursement, and surveillance equipment for services provided in coordination with the Operation Stonegarden Program; and WHEREAS, under the terms of the 2009 Operation Stonegarden Grant Program upon execution of pending Subgrantee Agreements the Town of Marana is eligible to receive funds in the amount of $166,376 from the Arizona Department of Homeland Security for overtime pay, mileage reimbursement, and surveillance equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Council approves the agreements and authorizes the Town Manager and staff to take appropriate actions to carry out the terms of the agreements with the Arizona Department of Homeland Security. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 98 of 164 SUBGRANTEE AGREEMENT 09-AZDOHS-HSGP- 555421-02 Between The Arizona Department of Homeland Security And Town of Marana WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana (subrecipient) for services under the terms of this Grant Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. I1. TERM OF AGREEMENT. TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2009 and shall terminate on September 30, 2010. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled, "Operation Stonegarden - Equipment" and funded at $40,376 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a~ Provide up to $40,376 to the subrecipient for services provided under Paragraph III. b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used for the project(s) and scope of work outlined in this Agreement. Therefore, should the project not be completed, be partially completed the subrecipient shall reimburse said funds directly to AZDOHS immediately, or be completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. 09-AZD~ie~u~SCv4ur~~I~pGg -October 6, 2009 -Page 99 of 164 Page 1 VI. FINANCIAL AUDIT/PROGRAMTIC MONTIORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and §35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par., 7501-7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit. conducted in accordance with OMB Circular #A- 133 ("Audits of States, Local Governments, and Non-profit Organizations") if the subrecipient expends more than $500,000 from federal awards. If the subrecipient has expended more than $500,000 in federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and onsite monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance, Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfrv1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at http://www.access.gpo.gov/nara/cfr/waisidx 07/2cfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at http://www.whitehouse.gov/omb/circulars/a 133/a 133.html. c) 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments (formerly OMB Circular A-102 at http://149.168.212.15/mitigation/Library/44 CFR-Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at https://www.rkb.mipt.org/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20 Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the national Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66. Included within the above mentioned guidance documents are provisions for the following: 09-~D~~t.~ySC~ur~~I~g -October 6, 2009 -Page 100 of 164 Page 2 NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources arc discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full environmental and historic preservation review will result in anon-compliance finding. Consultants Billings for consultants must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the sub-grantee and 44 CFR Chapter 1 part 13 and should not exceed the maximum of $450.00 per day per consultant unless prior written approval is granted by the AZDOHS. Personnel and Travel Costs Personnel and Travel costs must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time can the subrecipient's policies exceed the state rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: http: //www. g a o. state. az Nonsupplanting Agreement The subrecipient shall not use funds to supplant state or local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within 30 days. If the vacancy is not filled within 30 days, the sub-grantee must stop charging the grant for the new position. Upon filling the vacancy, the sub-grantee may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify requirement. a) The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program.) 09-AZDC~~~bCV4ut~~r~ -October 6, 2009 -Page 101 of 164 Page 3 b) A breach of a warranty .regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Contractor may be subject to penalties up to and including termination of the Agreement. c) The Department retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 8(a). Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this subpart have the following meaning (See also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Subpart 114S- 60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allow ability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment list and guidance documents referenced above. VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable federal regulations for administrative requirements, costs principles and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: 09-AZD(~tiP~u~SCv4ur~~f~pg -October 6, 2009 -Page 102 of 164 Page 4 • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided except for the final report which shall be submitted within forty-five (45) days. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. b) Quarterly reports are due: January 15 (period October 1-December 31) April 15 (period January 1 -March 31) July 15 (period April 1 -June 30) October 15 (period July 1 -September 30) c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. .All reports shall be submitted to the contact person as described in Paragraph XXXIX, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. 09-AZDt~~~~~ur~~I~g -October 6, 2009 -Page 103 of 164 Page 5 Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment,"and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. SUBCONTRACTORS The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the State of Arizona procurement policy, OMB Circulars, Code of Federal Regulations, DHS guidance and DHS Program Guide. The subrecipient agrees and understand that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance if its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services provided and goods purchased under this Agreement shall be performed and located within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work pertormed by subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind either party for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue pertorming under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS, at its option, may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State or its subdivisions (unit of local government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. This Agreement is subject to cancellation by either party pursuant to A.R.S. § 38-511. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. 09-AZD~~~'~~u~~~ -October 6, 2009 -Page 104 of 164 Page 6 XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the pertormance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, pertormance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Section X Reporting Requirements of this Agreement; provided, however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are herby superseded or merged herein. XXV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. 09-AZD(~~~I'S~ur~~I~ -October 6, 2009 -Page 105 of 164 Page 7 XXVI. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to pertorm under this Agreement. XXVII. NON-DISCRIMINATION The subrecipient shall comply with all state and federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. Title 41, Chapter 9, Article 4 and Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, disability or political affiliation, shall have equal access to employment opportunities. XXVIII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXIX. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXXI. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, pertorm, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with federal funds shall contain the following statement: "This project was supported by Federal Grant CFDA 97.008 awarded by the Arizona Department of Homeland Security. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security and the Arizona Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub-grantees or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. 09-AZD~ie~u~ySC~ur~~I~ag -October 6, 2009 -Page 106 of 164 Page 8 The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXII. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXIII. INDEMNIFICATION Contractor shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any Federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State of Arizona. XXXIV.TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met, then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure on terms and in the manner that it deems appropriate materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 09-~D~e~u~r,SC~ur~~r~ag -October 6, 2009 -Page 107 of 164 Page 9 XXXV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform in accordance with the requirements of the agreement up to the date of termination as directed in the termination notice. XXXVI. PARAGRAPH HEADINGS The paragraph headings in this agreement are for convenience of reference only and do not. define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this agreement or any of its provisions. XXXVII. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVIII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXIX. SPECIAL CONDTIONS a). The grantee and subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b). The recipient acknowledges that GPD and AZDOHS reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award orsub-award; and (2) any rights of copyright to which a recipient orsub-recipient purchases ownership with Federal support: The recipient agrees to consult with GPD regarding the allocation of any patent rights tha tarise from, or are purchased with, this funding. c). The recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees. that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d). The subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e). To the extent that recipients of a grant use contractors or subcontractors, such recipients shall. use small, minority, women-owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. f). The recipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 09-AZD~~~~~ur~i~l~ -October 6, 2009 -Page 108 of 164 Page 10 XL. NOTICES Any and all notices, requests, demands or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing and shall be delivered in person or shall be sent to respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: T. VanHook, Community Development Director Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 XLI. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town of Marana Gilbert Davidson, Town Manager Date FOR AND BEHALF OF THE Arizona Department of Homeland Security Gilbert M. Orrantia, Director Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 09-~D~e~u~SC~ur}~r~'~f~~g -October 6, 2009 -Page 109 of 164 Page 11 SUBGRANTEE AGREEMENT 09-AZDOHS-OPSG- 555421-01 Between The Arizona Department of Homeland Security And Town of Marana WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana (subrecipient) for services under the terms of this Grant Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2009 and shall terminate on September 30, 2010. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled, "Operation Stonegarden - Overtime and Mileage" and funded at $126,000 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a~ Provide up to $126,000 to the subrecipient for services provided under Paragraph III. b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used for the project(s) and scope of work outlined in this Agreement. Therefore, should the project not be completed, be partially completed the subrecipient shall reimburse said funds directly to AZDOHS immediately, or be completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient. For any funds received under this Agreement for which 09-AZDU19~~~CQ~~~~~f~~g -October 6, 2009 -Page 110 of 164 Page 1 expenditure is disallowed by an audit exemption by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT/PROGRAMTIC MONTIORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and §35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par., 7501-7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A- 133 ("Audits of States, Local Governments, and Non-profit Organizations") if the subrecipient expends more than $500,000 from federal awards. If the subrecipient has expended more than $500,000 in federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and onsite monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic, pertormance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance, Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at http://www.access.ggo.pov/nara/cfr/waisidx 07/44cfrv1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at http://www.access.gpo.gov/nara/cfr/waisidx 07/2cfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at h_ttp://www.whitehouse.gov/omb/circulars/a 133/a133.html. c) 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments (formerly OMB Circular A-102 at http://149.168.212.15/mitigation/Library/44 CFR-Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at https://www.rkb.mipt.org/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements including Part 11, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20 Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the national Environmental Policy~Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66. 09-AZD~~~S~~~~~~f~~g -October 6, 2009 -Page 111 of 164 Page 2 Included within the above mentioned guidance documents are provisions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources arc discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated prior to the full environmental and historic preservation review will result in anon-compliance finding. Consultants Billings for consultants must include at a minimum: a description of services; dates of services; number of hours for services pertormed; rate charged for services; and, the total cost of services pertormed. Consultant costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the sub-grantee and 44 CFR Chapter 1 part 13 and should not exceed the maximum of $450.00 per day per consultant unless prior written approval is granted by the AZDOHS. Personnel and Travel Costs Personnel and Travel costs must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time can the subrecipient's policies exceed the state rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: http://www.gao. state.az Nonsupplanting Agreement The subrecipient shall not use funds to supplant state or local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within 30 days. If the vacancy is not filled within 30 days, the sub-grantee must stop charging the grant for the new position. Upon filling the vacancy, the sub-grantee may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify requirement. a) The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, 09-AZD~~~'~~~~~~f~~g -October 6, 2009 -Page 112 of 164 Page 3 Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program.) b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Contractor may be subject to penalties up to and including termination of the Agreement. c) The Department retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 8(a). Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this subpart have the following meaning (See also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Subpart 114S- 60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allow ability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment list and guidance documents referenced above. VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage 09-AZD(~~~'~~~~~f~~g -October 6, 2009 -Page 113 of 164 Page 4 funds according to applicable federal regulations for administrative requirements, costs principles and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided except for the final report which shall be submitted within forty-five (45) days. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. b) Quarterly reports are due: January 15 (period October 1-December 31) April 15 (period January 1 -March 31) July 15 (period April 1 -June 30) October 15 (period July 1 -September 30) c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted-with the Reimbursement Form provided by AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. All reports shall be submitted to the contact person as described in Paragraph XXXIX, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. 09-AZD~~~~P~~~~~f~~g -October 6, 2009 -Page 114 of 164 Page 5 XI1. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment,"and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. SUBCONTRACTORS The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the State of Arizona procurement policy, OMB Circulars, Code of Federal Regulations, DHS guidance and DHS Program Guide. The subrecipient agrees and understand that no subcontract that the subrecipient enters into with respect to pertormance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance if its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services provided and goods purchased under this Agreement shall be performed and located within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind either party for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue pertorming under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS, at its option, may terminate this Agreement. XVI1. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State or its subdivisions (unit of local government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. This Agreement is subject to cancellation by either party pursuant to A.R.S. § 38-511. XVIII. THIRD PARTY ANTITRUST VIOLATIONS 09-AZD~~~'~~~~~~f~~g -October 6, 2009 -Page 115 of 164 Page 6 The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, pertormance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing. the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming pertormance knows of the nature of the pertormance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Section X Reporting Requirements of this Agreement; provided, however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are herby superseded or merged herein. 09-AZD(~~~'~~~~~~f~~g "October 6, 2009 -Page 116 of 164 Page 7 XXV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXVI. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVII. NON-DISCRIMINATION The subrecipient shall comply with all state and federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. Title 41, Chapter 9, Article 4 and Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin, disability or political affiliation, shall have equal access to employment opportunities. XXVIII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXIX. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXXI. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed. matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with federal funds shall contain the following statement: "This project was supported by Federal Grant CFDA 97.008 awarded by the Arizona Department of Homeland Security. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security and the Arizona Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub-grantees or interested parties. The AZDOHS may waive the 09-AZD~~~~~~~~~f~~g -October 6, 2009 -Page 117 of 164 Page 8 requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXI1. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXIII. INDEMNIFICATION Contractor shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any Federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the work performed by the Contractor for the State of Arizona. XXXIV.TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in pertorming the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met, then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure on terms and in the manner that it deems appropriate materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 09-AZD~~~~~~~~f~~g -October 6, 2009 -Page 118 of 164 Page 9 XXXV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform in accordance with the requirements of the agreement up to the date of termination as directed in the termination notice. XXXVI. PARAGRAPH HEADINGS The paragraph headings in this agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this agreement or any of its provisions.. XXXVII. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVIII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXIX. SPECIAL CONDTIONS a). The grantee and subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b). The recipient acknowledges that GPD and AZDOHS reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. The recipient agrees to consult with GPD regarding the allocation of any patent rights tha tarise from, or are purchased with, this funding. c). The recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U:S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d). The subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e). To the extent that recipients of a grant use contractors or subcontractors, such recipients shall use small, minority, women-owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. f). The recipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System). 09-AZD~~~~~~~~f~~g -October 6, 2009 -Page 119 of 164 Page 10 XL. NOTICES Any and all notices, requests, demands or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing and shall be delivered in person or shall be sent to respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: T. VanHook, Community Development Director Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 XLI. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town of Marana Gilbert Davidson, Town Manager Date FOR AND BEHALF OF THE Arizona Department of Homeland Security Gilbert M. Orrantia, Director Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 09-AZDC~~~~~~~~~f~~g -October 6, 2009 -Page 120 of 164 Page 11 11555 W. CIVIC CENTER. DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item C 8 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-175: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 12 (Restuarant) liquor license submitted by Yun X. Lu on behalf of New Town Buffet located at 8500 N. Cracker Barrel Road Discussion: Yun X. Lu, on behalf of New Town Buffet is applying for a new No. 12 (Restuarant) liquor license for premises located at 8500 N. Cracker Barrel Road. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4- 201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -October 6, 2009 -Page 121 of 164 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: ^ Approval__Reso New Towndoc ^ Disapprov..al._Reso Ne_w Town.doc Descriptiolz: Option 1 Resolution Approval Option 2 Resolution Disapproval Type: Resolution Resolution Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: OPTION l: I move to approve Resolution No. 2009-175, approval and recommendation to the State Liquor Board for a New No. 12 (Restuarant) liquor license submitted by Yun X. Lu on behalf of New Town Buffet located at 8500 N. Cracker Barrel Road. OPTION 2: I move to disapprove Resolution No. 2009-175, recommendation of disapproval to the State Liquor Board for a New No. 12 (Restuarant) liquor license submitted by Yun X. Lu on behalf of New Town Buffet located at 8500 N. Cracker Barrel Road. Regular Council Meeting -October 6, 2009 -Page 122 of 164 MARANA RESOLUTION N0.2009-175 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. I2 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY YUN X. LU ON BEHALF OF NEW TOWN BUFFET LOCATED AT 8500 N. CRACKER BARREL ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Yun X. Lu has applied for a New No. 12 (Restaurant) liquor license on behalf of New Town Buffet, for premises located at 8500 N. Cracker Barrel Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 8500 N. Cracker Barrel Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 6, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 12 (Restaurant) liquor license on behalf of New Town Buffet, filed by Yun X. Lu for premises located at 8500 N. Cracker Barrel Road be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. No. 12 (Restaurant) liquor license on behalf of New Town Buffet, filed by Yun X. Lu for premises located at 8500 N. Cracker Barrel Road be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 123 of 164 MARANA RESOLUTION N0.2009-175 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY YUN X. LU ON BEHALF OF NEW TOWN BUFFET LOCATED AT 8500 N. CRACKER BARREL ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Yun X. Lu has applied for a New No. 12 (Restaurant) liquor license on behalf of New Town Buffet, for premises located at 8500 N. Cracker Barrel Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 8500 N. Cracker Barrel Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 6, 2009, and has determined that it is in the best interests ofthe Town and its citizens that the application for a New No. 12 (Restaurant) liquor license on behalf of New Town Buffet, filed by Yun X. Lu for premises located at 8500 N. Cracker Barrel Road be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 12 (Restaurant) liquor license on behalf of New Town Buffet, filed by Yun X. Lu for premises located at 8500 N. Cracker Barrel Road be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 124 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Item C 9 Subject: Resolution No. 2009-176: Relating to Liquor Licenses; recommendation of approval to the State Liquor Board for permanent extension of premises for the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, Arizona Discussion: Kenneth Willard Depew has applied for a permanent extension of the liquor license into the area covered by the No. 14 (Private Club) liquor license previously issued on behalf of the Ritz Carlton Golf Club Dove Mountain, located at 6501 Boulder Bridge Pass, Marana. The Ritz Carlton Hotel Company, LLC currently holds a Series 06 (Bar) License for the golf course and golf clubhouse, and a Series 14 (Private Club) Liquor License for the private club at 6501 Boulder Bridge Pass. Due to current economic conditions, the licensee has determined that a portion of the licensed premises currently covered by the club license could be better utilized by the bar license and desires to permanently reduce the licensed premises for the club license. The applicant, on behalf of the licensees, is requesting a permanent extension from the State Liquor Board as well as Council approval. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "non-recommendation" decision on the application. A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: ~ Approyal__Reso._Ritz extension of.p..remises...doc ~ Disapproval Reso._R..tz extension of~remises.doc Staff Recommendation: Description: Option 1 -Approval Resaiution Ritz Garltan extension Option 2 -Disapproval Resolution Ritz Carlton extension Type: Resolution Resolution Staff recommends approval to the State Liquor Board of this permanent extension. Suggested Motion: Regular Council Meeting -October 6, 2009 -Page 125 of 164 OPTION 1: I move to approve Resolution No. 2009-176, recommending approval to the State Liquor Board for a permanent extension of premises submitted by Kenneth Willard Depew for the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, Arizona. OPTION 2: I move to disapprove Resolution No. 2009-176, recommending approval to the State Liquor Board for a permanent extension of premises submitted by Kenneth Willard Depew for the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, Arizona. Regular Council Meeting -October 6, 2009 -Page 126 of 164 MARANA RESOLUTION N0.2009-176 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR PERMANENT EXTENSION OF PREMISES FOR. THE RITZ CARLTON GOLF CLUB DOVE MOUNTAIN LOCATED AT 6501 BOULDER BRIDGE PASS, MARANA, ARIZONA WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kenneth Willard Depew has applied for a permanent extension of the liquor license into the area covered by the No. 14 (Private Club) liquor license previously issued as License No. 14103020 on behalf of the Ritz Carlton Golf Club Dove Mountain, for premises located at 6501 Boulder Bridge Pass, Marana; and WHEREAS, the -applicant has filed a letter request with the office of the Arizona Department of Liquor License and Control for the premises located at 6501 Boulder Bridge Pass stating the reasons for the modification of the original license and has also filed a letter with the Town Clerk requesting Council approval; and WHEREAS, the Town Council considered all statements filed by the applicant at a public meeting on October 6, 2009, and has determined that it is in the best interests of the Town and its citizens that the application filed by Kenneth Willard Depew for an extension of premises of the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application filed by Kenneth Willard Depew for an extension of premises of the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6t1i day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 127 of 164 MARANA RESOLUTION N0.2009-176 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR PERMANENT EXTENSION OF PREMISES FOR THE RITZ CARLTON GOLF CLUB DOVE MOUNTAIN LOCATED AT 6501 BOULDER BRIDGE PASS, MARANA, ARIZONA WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kenneth Willard Depew has applied for a permanent extension of the liquor license into the covered by the No. 14 (Private Club) liquor license previously issued as License No. 14103020 on behalf of the Ritz Carlton Golf Club Dove Mountain, for premises located at 6501 Boulder Bridge Pass, Marana; and WHEREAS, the applicant has filed a letter request with the office of the Arizona Department of Liquor License and Control for the premises located at 6501 Boulder Bridge Pass stating the reasons for the modification of the original license and also filed a letter with the Town Clerk requesting Council approval; and WHEREAS, the Town Council considered all statements filed by the applicant at a public meeting on October 6, 2009, and has determined that it is in the best interests of the Town and its citizens that the application filed by Kenneth Willard Depew for an extension of premises of the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application filed by Kenneth Willard Depew for an extension of premises of the Ritz Carlton Golf Club Dove Mountain located at 6501 Boulder Bridge Pass, Marana, be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 128 of 164 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marano, Arizona 85653 Council Chambers, September 15, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:05 pm. All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL 4I= AGENDA Upon motion by Vice Mayor Kai, second by Council Member Post, the agenda was unanimously approved after removing item C 9 which was moved to the October 6, 2009 agenda. CALL TO THE PUBLIC:'"' David Morales spoke comparing Roosevelt's speech after the Japanese attacked Pearl Harbor to the Council shaping Marana's future by becoming a city. Brianne Meza from Marano Estates referred to the fact that this historical neighborhood has been ignored regarding the safety of the neighborhood and because of its proximity to commercial development. Alisha Meza from Marano Estates showed slides of the affected area in Marano Estates and offered suggested solutions for redesign of the roads to address the safety issues. Regular Council Meeting -October 6, 2009 -Page 129 of 164 Council Member Comerford thanked Ms. Mesa for bringing ideas for Council and staff to consider. Phyllis M. Farenga from Marana Estates spoke regarding zoning and incompatible industrial business within their community. She offered a solution of an ordinance to educate voters on Marana's General Plan and the ramifications of such plan and attendant codes. She also addressed the issue of policing for profit which she believes has occurred within the town. Council Member Ziegler asked for a possible future agenda item to review these neighborhood concerns. Gilbert Davidson recommended that this could back to Council as a study session item. Council Member McGorray also spoke in favor of bringing this back as a study session matter. ~: PRESENTATIONS P 1: Presentation: Relating to Development; a brief presentation on the status of the Marana Health Center Development __ Presented by Lisa Shafer. Jerry Zellman front WLB and- Clarence Vatne, CEO of Marana Health Center were present to update Council on the new health center construction. Clarence Vatne illustrated his presentation with sketches of the three-story building. The first two floors contain about 56,000 square feet of clinical space for the health center. The third floor contains about 17,000 square feet and will be finished in shell space for later development. Grading of the site began Jui~ 14 and is about 98% complete phase one. The plot plan for the 26 acres includes nine building sites. Construction of the parking lot, placement of infrastructure and completion of the entrances onto Civic Center Drive and Gaudette Drive will go out to bid in about two weeks. Simultaneously with that work they will be soliciting bids for actual construction of the health center in early November with an award in December. The schedule calls for the cen#ar to be completed ~~ ithin 12 months of contract award and they hope to have it ready,for occupancy in late 2010 or early 2011. He also noted the invitation which wilt be sent out for the Ground Blessing on October 23 performed by the Pascua Yaqui Deer Dancers. Counciil;lVlember Ziegler asked what is scheduled for the available pads apart from the nine building sites. Mr. Vatne responded that those would be for professional or office space and possibly an assisted living facility.. He also noted that several physicians andspecialists are interested in coming to the center. P 2: Presentation: Relating to Development; request for direction on a potential annexation of Oshrin Park Lots 3-9 and a portion of Spanish Bayonet right-of-way within the Oshrin Park subdivision south of Cortaro Farms Road and east of Cerius Stravenue Presented by Lisa Shafer. This property is located near the recent annexation of Quik Trip. Quik Trip took the first two lots of Oshrin Park. Not long after that annexation some of the neighbors indicated their interest in being annexed into Marana. Mr. Cutler was the main resident who operates Cutler Landscaping on Cortaro Farms Road. He and his neighbors and agreed to go into together and request annexation. This is about 7.4 acres. The lot sizes are about an acre each. Currently, this is the same zoning as Quik Trip -suburban homestead in the county. In Marana's zoning it would transition to R-36 - a residential zone. Many of the property owners want to go forward and process a Regular Council Meeting -October 6, 2009 -Page 130 of 164 rezoning at the same time to a neighborhood commercial designation -similar to Quik Trip. A couple of businesses are currently located on the site and those businesses would have to come and request a rezoning or if anyone wanted to build or develop they would have to request a rezoning. There has been a lot of interest expressed to town planners for this. If Council approves a rezoning, development plans would have to be processed within the town. She is not aware of a development plan on the commercial businesses located there now. This area is in the future land map for the General Plan designated low density residential which does allow for neighborhood type uses. This is currently being served by Marana and there is wastewater availability. The only additional right of way needed to be taken in is along Spanish Bayonet Drive. Staff is looking for direction on the desire to proceed with the annexation. Mayor Honea commented that this would be a win-win for the town and the owners of the properties. Property values could be much higher with a rezoning and would give the town tax revenue or jobs. He asked for a motion to instruct staff to move forward. CounciLMember Ziegler agreed and started to make a motion for staff to move forward. Mr. Davidson informed Council that this presentation was an update and no formal motion was necessary in order to move forward. ~, _ ANNOUNCEMENTS/UPDATES PROCLAMATIONS Family Day Proclamation_ Sunflower Farmers Market Proclamation Town Clerk Bronson read the proclamation.:Mayor Honea presented the proclamation to Dave Ramsey, store director. Mr. Ramsey noted that this would be their 27th or 28th market in the Southwest and n©ted his most positive experience working with town officials and staff during the construction of the project. He also indicated how much they want to be part of Marana events... MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Post spoke of a recent experience when he came in for a permit. He also noted that the MUSD has a great need for playground equipment at Thornydale School for the special education preschool children. Council Member Comerford noted that although the Council hadn't met for a month, they have been busy. Council Member McGorray reported on the tour of the Twin Peaks interchange project. Mayor Honea reported on the UA Science and Technology Center tour and the good ideas and encouragement from UA on things to do in Marana. He also noted the positive experience with Governor's Rural Development Conference in Litchfield Park and Regular Council Meeting -October 6, 2009 -Page 131 of 164 mentioned the League conference in Oro Valley last week. He and Mr. Davidson met with Supervisor Sharon Bronson. He further elaborated on the bridge structure for the Twin Peaks interchange, which is about 75% completed. He also met with John Ayres regarding the cemetery on Barnett Road. He noted a trip to Sahuarita as chairman of the RTA regarding a road project. He and others also met with Jana Kooi, new president of the Pima College Northwest Campus. He stated that he and Council Member Clanagan went to a MADD program to see Annie Shelberg receive a state award for the work she has done on this program. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that he took Council Member Post's comments to heart regarding improving efficiency in the town's bureaucracy. He welcomed the Sunflower business to Marana. The town has submitted for stimulus funds for the Tangerine interchange.. This project was led by T. Van Hook, Barbara Johnson and her team and Steve Huffman and Mitch Stallard - a very collaborative event. The Council executive report is also submitted as part of tonight's agenda. Deb Thalasitis noted that September 24 at the Wheeler Taft Abbett Library there will be a Parks Master Plan session. Mitch Stallard reported on the TIGER grant and thanked Council for their support. He noted that this is a great example of publiclprivate partnerships. ADOT is planning to take this before its own planning board in September or October due to Mr. Davidson's efforts in going to Phoenix and the efforts of all of the staff naming several. In particular he complimented T. Van Hook for being the-glue to pull it all together. He stated that the comments from the: director of ADOT were that it was singularly the most phenomenal federal grant application ADOT has ever seen. There's much to be proud of. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT7`AGENDA Upon motion by Council Member Clanagan, second by Council Member Comerford, the Consent agenda was passed unanimously by a roll call vote with Council Member McGorray reeusing herself from voting on item C 6 relating to the Marana Health Center. Item C 9 was removed prior to approval of the agenda. C 1: Resolution No. 2009-145: Relating to Development; approving the release of the private improvement agreements for the Dove Mountain Boulevard Extension station 241+20 to station 260+90.74 and Dove Mountain Boulevard round-a-bout offsite improvements and acceptance of public improvements for maintenance C 2: Resolution No. 2009-146: Relating to Development; approving the release of private improvement agreements for Gladden Farms Block 9 and acceptance of public improvements for maintenance Regular Council Meeting -October 6, 2009 -Page 132 of 164 C 3: Resolution No. 2009-147: Relating to Development; approving a release of assurances for Ironwood Reserve Block 2 and acceptance of public improvements for maintenance C 4: Resolution No. 2009-148: Relating to Development; approving the release of the private improvement agreements for the Willow Ridge Commons -Sandy Desert Trail Offsite Improvements and acceptance of public improvements for maintenance C 5: Resolution No. 2009-149: Relating to Development; approving and authorizing a final plat for the Lee-Mar Center C 6: Resolution No. 2009-150: Relating to Development; approving and authorizing a final plat for the Marana Health Center C 7: Ordinance No. 2009.19: Relating to the Privilege License Tax; adopting "the 2009 Amendments to the Tax Code of the Town of Marana" by reference; establishing an effective date; providing for severability and providing penalties for violations C 8: Resolution No. 2009-151: Relating to Business Privilege Tax; declaring "the 2009 Amendments to the Tax Code of the Town of Marana" a public record and directing the Town Clerk to maintain three copies on''file•. C 9: Resolution No. 2009-152: Relating`to Animal Control; authorizing Pima Animal Care Center to dedicate funds.. from the Town of Marana's July 10, 2009 dog licensing fee increase to the Animal Welfare Alliance of Southern Arizona's spay/neuter initiative C 10: Resolution No. 2009-153: Relating to Intergovernmental Relations; authorizing and approving the Town'of Marana to enter into an Intergovernmental Agreement (IGA) with the Town of Oro Valley for a Wildlife Linkage Study for Tangerine Road between Interstate 10 and La Canada Drive as well as La Cholla Boulevard between Tangerine and Overton Roads C 11: Resolution No. 2009-154: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Data AccessBxchange Agreement between the Town of Marana and the Arizona Department of Transportation Motor Vehicle Division regarding access to the Accident Location Information and Surveillance System (ALISS) database C 12: Resolution No. 2009-155: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Task Force agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration C 13: Resolution No. 2009-156: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement with the Arizona Department of Transportation relating to authorized appropriations for the American Recovery and Reinvestment Act of 2009 for three pavement preservation projects Regular Council Meeting -October 6, 2009 -Page 133 of 164 C 14: Resolution No. 2009-157: Relating to Public Works; approving and authorizing the execution of an acquisition and exchange agreement to acquire a portion of parcel number 216-23-0720, owned by the Ying Family Trust, for the Camino de Mariana roadway project, and declaring an emergency C 15: Resolution No. 2009-158: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Store #6670 located at 5633 W. Cortaro Farms Road C 16: Resolution No. 2009-159: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 10 (Beer and Wine Store) liquor license submitted by Michael A. Phillips on behalf of Sunflower Market located at 3860 W. River Road, #K C 17: Minutes of the August 18, 2009 regular council meeting C 18: Resolution No. 2009-167: Relating to the Marana Municipal Airport;'approving and authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration (FAA 3-04-0058-18) providing funding in the amount of $120,687 for design of an airport traffic control tower at the Marana Municipal Airport; and declaring an emergency _ COUNCIL ACTION _ __ A 1: PUBLIC HEARING: Ordinance No. 2009.20: Relating to Development; approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Marana Road Mayor Honea opened the public hearing. Kevin Kish presented this item and noted that the applicant was requesting a further continuance to the October 6, 2009 meeting, and referred to a letter to that effect which was placed on the dais. Deputy Town Attorney Fairall responded affirmatively to a question from Council as to whether this item and A 2 could be voted on together as they are related. Upon motion by Council Member Clanagan, second by Council Member McGorray, item A 1 and item A 2 were continued to the October 6, 2009 meeting. Motion carried unanimously. A 2: Resolution No. 2009-160: Relating to Development; approving a retail development tax incentive agreement regarding the Marana Mercantile development project and authorizing the Mayor to sign it A 3: Resolution No. 2009-161: Relating to Public Works; approving and authorizing the Mayor to execute agreements to purchase land from Pima County and the Pima County Flood Control District for use as mitigation lands in connection to the Twin Peaks Interchange project Regular Council Meeting -October 6, 2009 -Page 134 of 164 Presented by Cedric Hay. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion passed unanimously. A 4: Resolution No. 2009-162: Relating to Development; waiving development review and permitting fees and real estate processing fees for flood control infrastructure projects that reduce flood impacts of developed subdivisions containing areas newly designated as floodplains in the Federal Emergency Management Agency's 2009 Digital Flood Insurance Rate Maps Presented by Gilbert Davidson. Council Member Ziegler complimented Mr. Davidson and staff for their work on the project. - - Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. A 5: Resolution No. 2009-163: Relating to Finance; authorizing the application for a loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's allotment of Drinking Water State Revolving`Fund to finance certain water projects Presented by Erik Montague. Motion to approve moved by Vice Mayor Kai, second by Council Member Clanagan. Motion carried unanimoush~. A 6: Resolution No. 2009-164: Relating to Ad=ministration; approving and authorizing the Town Manager to implement an administrative directive system to establish operating practices,and procedures for administrative functions and to supplement Town policy; and declaring an emergency Presented by Deb Thalasitis. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously by roll call vote. BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to the Town Council; report on the town council subcommittee discussion for the 2009 Strategic Planning Retreat, and requesting direction Presented by Gilbert Davidson. Mr. Davidson introduced the Council subcommittee tasked with preparations for the retreat as Council Members Clanagan and Comerford and Mayor Honea. Mr. Davidson presented options for retreat dates and locations. Regular Council Meeting -October 6, 2009 -Page 135 of 164 After general discussion, November 14, 2009 at the Marana Municipal Complex was chosen. Mr. Davidson will get with staff to finalize the details. Motion to approve November 14, 2009 as the date of the Strategic Planning Retreat to beheld at the Marana Municipal Complex moved by Vice Mayor Kai, second by Council Member McGorray. Motion carried unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Development Impact Fees; the filing of the annual development impact fee report to account for the collection and use of development fees as required by ARS § 9-463.05 Presented by Erik Montague. Mr. Montague stated his purpose was to inform Council that Finance has filed with the Clerk the impact fee reports and ~~-hat the reports are required to contain. This item is for notice only, no action is necessary. D 2: Resolution No. 2009-165: Relating to Community Development; discussion and possible action regarding a series of proposals-the United States Postal Service concerning changes to ZIP codes and city names Presented by Josh Wright. Mr. Wright gave a brief history of this item and the difficulties encountered in getting "Tucson" addresses changed to "Marana" within Marana town boundaries. He started with the cun-ent situation. There are approximately 19,515 commercial addresses and actual addresses. There are seven ZIP codes serving these addresses. He identified the ZIP coded that are the pr--unary focus of discussion - 85741, 85742 and 85743'-all served by the Tucson Mountain Branch on Thornydale Road south of Magee in unincorporated Pima County. Many of the areas in these ZIP codes were annexed into the town in the early 1990s. The root of the problem began when "Tucson" was assigned to all areas of unincorporated Pima County. Of the three ZIP code areas; 1Vlarana is the largest stakeholder of addresses in 85743. In 85741, Marana has a larger portion than City of Tucson, mostly commercial businesses. In 85742, City of Tucson has no residences. He noted that ZIP codes in themselves are not the problem. The problem is the City of Tucson name used in incorporated Marana limits. Some of the problems encountered are mail delivery -delayed or no mail at all if you use `Marana' instead of `Tucson'. Confusion regarding insurance premiums, voter information, sales tax reimbursement, and liquor license applications and ADOT listing Marana businesses as being in Tucson. This affects branding and name identity. Mr. Wright then explained the process for changing this. Staff's recommendation is to approve two separate resolutions -one would make `Marana' the primary name in 85743 and Tucson would be the secondary address. The other would permit `Marana' to be used as an acceptable alternative 85741 and `Tucson' would be the primary address. No action would be taken regarding 85742 as the area covered by that ZIP code is still open for a lot of development and it would be premature to encompass the area into Marana where development might not occur. It would take 10 years before another application could be made to change that so it makes sense to leave that alone for now. He then presented scenarios of what could happen when the applications are made. If approved, a PR blitz would occur to educate residents prior to the Postal Service sending out their Regular Council Meeting -October 6, 2009 -Page 136 of 164 survey. The District Manager in Phoenix would have to give approval to proceed. If all goes well, the changes would take effect July 1, 2010. Mr. Davidson also added that this item is a result of the Council Strategic Plan under Community Building. Ms. Fairall again noted that although the agenda language referred only to Resolution No. 2009-165, there are actually two resolutions for Council's consideration - 2009-165 and 2009-166 if Council chooses to follow staff's recommendations. Council Member Clanagan expressed his concern about the short time frame to educate the community and meet the USPS deadline of November 15. Council Member McGorray asked Mr. Wright how the postal service was able to change her zip code from 85653 to 85858 without a survey. Mr. Wright responded that this is a right to make changes on their own without consulting anyone. Mayor Honea commented that most of the growth in 85743 is going to be in Marana. Council Member Comerford asked Mr. Wright about the survey and asked how long before December 15 would the town have to do the education part of the process. Mr. Wright has not been able to get a firm time-line from the postal service. She felt that if people are educated properly prior to the survey it shouldn't hurt the town's efforts. Council Member McGorray again commented on the areas in unincorporated Pima and Pinal Counties that currently use "Tucson" as their address. Council Member Ziegler didn't feel concerned--that there needs to be a lot of education or re-education other than flyers and word of mouth and didn't see a problem in making the change. Mr. Davidson stated that additional language could be added to a motion regarding outreach. Mayor Honea also noted that all print media was in the audience, so there would be information presented that way. He stated the «av the options could be presented as resolutions. Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai, Resolution No. 2009-165 supporting a proposal to the (ISPS to change the primary city name. in zip code 85743 to "Marana" and allow "Tucson" to be used as an accepted alternative city name,-and Resolution No. 2009-166 supporting a proposal to the LISPS to add "Marana" as an acceptable alternative city name in zip code 85741 and directing staff to work on outreach to ~Mazana residents and businesses. Motion carried unanimously. D 3 Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffman. The Legislature finished its third special session. He prepared a brief summary of what was accomplished. First, he thanked staff and Council Member McGorray who represented the town on the resolutions committee of the League of Cities and Towns. One of the resolutions was successful to be turned into legislation during the next session. Second, the Governor received a package of nine bills. Of those nine, she signed six, line item vetoed two of them and vetoed one. That has left us with sort of a budget about $1B out of balance. Half of that is actually a rollover of last fiscal year and half a billion is all new problems from this year. So what the Governor announced was that she was going to be working with legislative leadership to call a fourth special session to resolve these issues. Timing is critical. The state is operating on borrowed funds. It is starting to affect the state's credit ratings. Regular Council Meeting -October 6, 2009 -Page 137 of 164 A high point that will impact towns is that one of the bills the Governor signed has an impact on moratorium on increase in construction sales tax and the creation of any new impact fees and the creation of any new building codes. The town is in pretty good shape with those. The one issue that could impact the town was the sweep of $22M of shared vehicle license taxes. This is an ongoing issue that cities and towns have been arguing is unconstitutional. The Governor vetoed the Legislature's attempt to do this. He read from her veto letter "I've consistently opposed vehicle license tax monies from the cities to help balance the state budget deficit as provided in this bill. For that reason a provision was added to the budget to allow this sweep to be repaid with monies from successful passage of the sales tax referral. Without the referral the trigger is ineffective and I cannot support the vehicle license tax sweep." This is contradictory to her earlier position. The earliest it could be on the ballot is March of 2010. This'''eould cost the town a little over $100K for its portion of the $22M, and it seems like a giant waste of resources since the League will most likely sue on passage of this. EXECUTIVE SESSIONS Motion to go into Executive Session on items E 2, E 3 and E 9 moved by Council Member McGorray, second by Council Member Comerford Motion carried unanimously. Council left the dais at 9:01 pm. Council returned to the dais at 10:07 pm. E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-43 L03(A)(3),(4) and (7), discussion or consultation for legal advice «~ith the Town's attorneys and discussion and to consider its position and instruct the Town NTar~ager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4) to discuss options with and receive legal advice from the Town's attorneys for addressing funding issues for the Camino de Manana/Dove Mountain Road Extension (I-10 to Tangerine Road) Roadway Improvement Project FUTURE AGENDA ITEMS Regular Council Meeting -October 6, 2009 -Page 138 of 164 Council Member Ziegler noted that there was earlier discussion for a study session to look at the neighborhood revitalization effort, focusing first on Marana Estates. Mr. Davidson acknowledge that this was correct and also asked if there was interest in a study session following up on the city vs. town issue. There was none. ADJOURNMENT Motion to adjourn moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously. The meeting was adjourned at 10:09 pm. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 15, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -October 6, 2009 -Page 139 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Commerce Item A 1 Subject: PUBLIC HEARING: Ordinance No. 2009.20: Relating to Development; approving a rezoning for Marana Mercantile, on approximately 39.09 acres located west of the I-10 Frontage Road and north of Marana Road Discussion: Staff and the Developer's representatives are continuing to negotiate the conditions of rezoning, and request that this item be continued. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Staff recommends that this item be continued. Suggested Motion: I move to continue Ordinance No. 2009.20. Regular Council Meeting -October 6, 2009 -Page 140 of 164 ~' ,~ ro.,. d~ ~...~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce Subject: Resolution No. 2009-160: Relating to Development; approving a retail development tax incentive agreement regarding the Marana Mercantile development project and authorizing the Mayor to sign it Discussion: This development agreement relates to the Marana Mercantile project, which is the subject of the Marana Mercantile rezoning on tonight's agenda. The rezoning is the. subject of a request for continuance, to allow continued negotiation of the conditions of rezoning. Because the development agreement is conditioned upon the rezoning, this item should also be continued. ATTACHMENTS: Name: Description: Type: Na Attachments Available Staff Recommendation: Staff recommends that this item be continued. Suggested Motion: I move to continue Resolution No. 2009-160. Regular Council Meeting -October 6, 2009 -Page 141 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Item A 3 Subject: Resolution No. 2009-177: Relating to Streets; modifying the Marana Major Routes Plan right-of--way width for Adonis Road to account for the relocation of the linear drainage buffer to an area adjacent to the Union Pacific Railroad Discussion: Marana Resolution No. 2002-150 adopted the Marana Major Routes Plan, which establishes future right-of--way widths for major routes. The Plan implements the northwest drainage retention policy, which requires full retention of stormwater for areas that do not have adequate receiving waters for storms. Many of the arterial roadways in northwest Marana are depicted with 100-foot linear drainage buffers as part of their right-of--way. For example, Moore Road requires a 250 foot right-of--way, of which the southern 100 feet is a linear drainage buffer. The Gladden Farms drainage buffer is constructed along their frontage and part of Gladden Farms' stormwater drains into the buffer as allowed. Other roads that include linear drainage buffers include Tangerine Farms Road, Sanders Road, Marana Road, and Adonis Road. In the case of Adonis Road, Town staff believes that the linear drainage buffer would better serve regional drainage if it were located adjacent to the Union Pacific Railroad instead of being adjacent to Adonis Road. All regional drainage currently runs alongside the Union Pacific Railroad. If a linear drainage buffer continues to be planned adjacent to Adonis Road, then at some point a large channel will need to be constructed from Adonis Road to the inlet location for the Barnett Channel. By relocating the linear drainage buffer adjacent to the railroad, smaller feeder channels can be constructed through master planned communities east of I-10. The Adonis subdivision already has such a channel as part of its plat. Town staff recommends relocation of the 100-foot linear drainage channel from alongside Adonis Road to the area adjacent to the railroad. The remaining 150-foot Adonis Road right-of--way will continue to be used for arterial road construction. ATTACHMENTS: Name: Description: Type: ^ Adonis Road ROW reduction reso._{000165.0..4) DOC. Adonis Road right-of-way reso Resolution Regular Council Meeting -October 6, 2009 -Page 142 of 164 Staff Recommendation: Staff recommends adoption of Resolution No. 2009-177. Suggested Motion: I move to approve Resolution No. 2009-177, modifying the Marana Major Routes Plan right-of--way width for Adonis Road to account for the relocation of the linear drainage buffer to an area adjacent to the Union Pacific Railroad. Regular Council Meeting -October 6, 2009 -Page 143 of 164 MARANA RESOLUTION N0.2009-177 RELATING TO STREETS; MODIFYING THE MARANA MAJOR ROUTES PLAN RIGHT- OF-WAY WIDTH FOR ADONIS ROAD TO ACCOUNT FOR THE RELOCATION OF THE LINEAR DRAINAGE BUFFER TO AN AREA ADJACENT TO THE UNION PACIFIC RAILROAD WHEREAS Marana Resolution No. 2002-150 adopted the Marana Major Routes Plan, which establishes future right-of--way widths for major routes; and WHEREAS the Marana Major Routes Plan right-of--way width for Adonis Road was 250 feet and included a 150-foot road right-of--way combined with a 100 foot linear drainage buffer; and WHEREAS the Town plans to construct a channel along the current Barnett Road alignment, to be known as the Barnett Channel, that will provide a positive drainage from the east side of Interstate 10; and WHEREAS since the collection point for the Barnett Channel will be just east of the Union Pacific Railroad at Barnett Road, the logical location for a linear drainage buffer to drain into Barnett Channel is adjacent to the railroad and not Adonis Road. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Marana Major Routes Plan right-of--way width for Adonis Road from south of San Lucas to Tangerine Road is reduced to 150 feet, to account for the relocation of the 100-foot Adonis Road linear drainage buffer to the area adjacent to the Union Pacific Railroad in the same vicinity. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 6, 2009 -Page 144 of 164 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Item A 4 Subject: Resolution No. 2009-178: Relating to Streets; conditionally reducing the Marana Major Routes Plan right-of--way width for Tangerine Road in the vicinity of Interstate 10, and providing for the automatic repeal of this resolution if the currently pending Tangerine Road/Interstate I O traffic interchange design is not implemented Discussion: The Town's major routes right of way plan adopted under resolution 2002-150 requires a 350 to 400 foot right of way for Tangerine Road from I-10 to the Town's eastern limits. This requirement is based upon the need for preserve enough right of way to facilitate a high speed facility with intermittent frontage roads to keep access points to a minimum and progression speed high. The wide right of way also facilitates interchange construction and fill slopes at I-10 and the railroad. The currently-underway Tangerine replacement interchange project provides certainty of right of way width required for the segment of Tangerine that is part of the project. A frontage road system will not be used within the project limits and a wide fill slope will not be used. The project calls for the approach to the interchange to be built on retaining walls. As such, the overly wide right of way is not required. The narrowed width still allows for utilities and maintenance outside of the retaining walls. The resolution before council allows the right of way for Tangerine road within the Tangerine replacement interchange project to be narrower than the major routes plan requirement of 350-400 feet. The resolution allows the right of way to be 200 feet wide conditioned upon the construction of the Tangerine replacement interchange. There is a sunset clause to this resolution. If the interchange is not awarded by June 30, 2014, the right of way requirement will revert to the preexisting width. Should that come to pass, council will at that time have the opportunity to determine if the project is still moving forward and extend the sunset date. ATTACHMENTS: Name: ^ Tangerine...._ROW Narrowing Reso .(00016054-3~. DOC Staff Recommendation: Description: Tangerine ROW narrowing resolution Type: Resolution Regular Council Meeting -October 6, 2009 -Page 145 of 164 Staff recommends approval of Resolution 2009-178. Suggested Motion: I move to approve Resolution No. 2009-178, conditionally reducing the Marana Major Routes Plan future right-of--way width for Tangerine Road to 200 feet in the vicinity of Interstate 10. Regular Council Meeting -October 6, 2009 -Page 146 of 164 MARANA RESOLUTION N0.2009-178 RELATING TO STREETS; CONDITIONALLY REDUCING THE MARANA MAJOR ROUTES PLAN RIGHT-OF-WAY WIDTH FOR TANGERINE ROAD IN THE VICINITY OF INTERSTATE 10, AND PROVIDING FOR THE AUTOMATIC REPEAL OF THIS RESOLUTION IF THE CURRENTLY PENDING TANGERINE ROAD/INTERSTATE 10 TRAFFIC INTERCHANGE DESIGN IS NOT IMPLEMENTED WHEREAS Marana Resolution No. 2002-150 adopted the Marana Major Routes Plan, which establishes future right-of--way widths for major routes; and WHEREAS the Marana Major Routes Plan right-of--way width for Tangerine Road in the vicinity of Interstate 10 accommodates frontage roads and wide fill slopes needed for an overpass of the Union Pacific Railroad and Interstate 10; and WHEREAS a currently pending design to bring Tangerine Road over the Union Pacific Railroad and Interstate 10 utilizes retaining walls that drastically reduce the necessary right-of- way width for Tangerine Road in the vicinity of I-10; and WHEREAS the Town does not anticipate utilizing a frontage road system where Tangerine Road meets Interstate 10. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Notwithstanding the right-of--way width. for Tangerine Road as shown on the Marana Major Routes Plan, Tangerine Road is hereby approved as having a 200 foot right-of- way width from the intersection of Tangerine Road and Tangerine Farms Road west of Interstate 10 to the western boundary of what is now the Trico Electric Cooperative property, subject to and conditioned upon the construction of the Tangerine Road/Interstate 10 Traffic Interchange project in substantially the same design as depicted in the I-10 Replacement Tangerine Road TI plans, ADOT project number "010 PM 239 H7467 O1C" (the "Planned New Tangerine Interchange Project"). SECTION 2. If the Planned New Tangerine Interchange Project is not awarded by June 30, 2018, this resolution shall be automatically repealed, and the Tangerine Road right-of--way width shall revert to the width as depicted on the then-current Marana Major Routes right-of--way plan, unless the June 30, 2018 sunset date set forth in this Section is extended by future Council action. SECTION 3. If the Planned New Tangerine Interchange Project is awarded within the time period set forth in Section 2 above, as it may be extended, the 200 foot right-of--way width for the portion of Tangerine Road identified in Section 1 above shall become permanent. Regul~6~~i~l~~tir~~~ October 6, 2009 -Page 147 of 164 _ 1 _ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of October, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~6~t~i~f~tir~~~ October 6, 2009 -Page 148 of 164 _ 2 _ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regu1~6~~i~f~~Eir~~~ October 6, 2009 -Page 148 of 164 _ 2 _ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item A 5 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2009-179: Relating to Personnel; approving and authorizing an amendment to the Fiscal Year 2009-2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for an Airport Manager, and declaring an emergency Discussion: The attached Resolution accomplishes an amendment to the Town's current FY 2009-2010 Temporary Salary Schedule. On tonight's Council agenda, Public Services Manager Barbara Johnson will present an operational plan for the Marana Regional Airport. The plan includes hiring an Airport Manager as aterm-limited temporary employee. The Airport Manager will be responsible for growing the airport and implementing the areas of the Town's strategic plan related to the airport in addition to the day-to-day operations of the airport. The Airport Manager will also assist in planning and developing the short to mid-range plans and goals for the airport. The salary range recommended for this classification is $55,000 to $82,500. The recommended range is based on a salary comparison with similar sized airports in Arizona, including Buckeye, Casa Grande, Chandler, Scottsdale and Coolidge. Financial Impact: This position will be funded using the Airport Director vacancy. It's anticipated that hiring an Airport Manager in place of an Airport Director will generate savings. ATTACHMENTS: Name: Description: Type: ^ Reso re,amendment_to.t_emp salmi schedule Resolutian Resolution X000.17378). DOC ^ EX A_2009-2010 Amended Temporary Salary Schedule Exhibit A-Temporary Selary Schedule Exhibit {00017379),pdf Staff Recommendation: Regular Council Meeting -October 6, 2009 -Page 149 of 164 Staff recommends that the FY 2009-2010 Temporary Salary Schedule be amended to include the Airport Manager classification with a salary range of $55,000 to $82,500. Suggested Motion: I move to approve Resolution No. 2009-179, approving and authorizing an amendment to the Fiscal Year 2009-2010 temporary salary schedule adopted by the Town Council on June 23, 2009; adding the title and salary range for an Airport Manager, and declaring an emergency, Regular Council Meeting -October 6, 2009 -Page 150 of 164 MARANA RESOLUTION N0.2009-179 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2009-2010 TEMPORARY SALARY SCHEDULE ADOPTED BY THE TOWN COUNCIL ON JUNE 23, 2009; ADDING THE TITLE AND SALARY RANGE FOR AN AIRPORT MANAGER; AND DECLARING AN EMERGENCY WHEREAS the Marana Town Code, Section 3-1-3(C) and (D), creates and defines classes of Town employees known as term-limited temporary and short-term temporary employees; and WHEREAS on June 23, 2009, by Resolution No. 2009-104, the Town Council approved a salary schedule for temporary employees; and WHEREAS the Town Council finds that amending the temporary salary schedule as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the amended temporary salary schedule, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the amended temporary salary schedule in Exhibit A. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MAR.ANA, ARIZONA, this 6~' day of October, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~6~u~c~~t~~tir~ -October 6, 2009 -Page 151 of 164 Town of Marana TEMPORARY SALARY SCHEDULE FY 2009-2010 Intern Nonexempt $7.50 - Hourly Management Intern Nonexempt $12.00 - Hourly Inclusion Aide Nonexempt $10.00 $15.00 Hourly Lifeguard Nonexempt $10.00 - Hourly Lifeguard/WSI Nonexempt $10.50 - Hourly Sports Official Nonexempt $10.00 - Hourly Pool Manager Nonexempt $12.60 - Hourly Equipment & Logistics Coordinator Nonexempt $20.00 - Hourly Executive Fellow Exempt $32,304.40 Annually Airport Manager Exempt $55,000.00 $82,500 Annually Assistant to the Chief of Police Exempt $75,000.00 $90,000.00 Annually *Fair Labor Standards Act Adopted 06/23/2009 Amended 10/06/2009 Regular Council Meeting -October 6, 2009 -Page 152 of 164 EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item A 6 From: Deb Thalasitis ,Assistant Town Manager Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-180: Relating to Administration; approving a Social Media Use Administrative Directive for Town of Marana employees and elected and appointed officials; and declaring an emergency Discussion: At its September 15, 2009 meeting the Town Council affirmed the Town Manager's process for establishing and issuing Administrative Directives to address key administrative processes within the town. The process included a provision for the town council to adopt by resolution certain Administrative Directives that should also apply to elected and appointed officials. The attached "Social Media Use" directive is one such directive that has applicability to elected and appointed officials due to potential implications related to Arizona's open meeting law and the town's Principle and Ethics- centered Governance policy. While many municipalities are using social media today, very few have formal policies in place to govern its use. Marana is likely the first, or one of the first, municipalities in Arizona to adopt such a policy. The highlights of the administrative directive the Town Council is being asked to adopt this evening includes the following: 1. Provides for the public information officer to serve as the administrator of all official town use of social media and establishes guidelines for the use of social media by the public information office. 2. Provides that all social media posts will contain information and content that has already been published or broadcast in an official manner in order to comply with public records laws and Arizona State Archives and Records Management Guidelines. 3. Provides that the town's Web site will remain the official location for content regarding town events, forms and information anal that social media posts will direct users back to the Town's Web site for additional information. 4. Provides guidelines to establish the town's use of social media as a limited public forum for the discussion of certain topics and defines the circumstances under which the town can restrict certain content. 5. Provides that the town manager must authorize access to social media sites from town-issued computing equipment and provides that employees may only access social media from personal Regular Council Meeting - October6, 2009 -Page 153 of 164 (employee-owned) computing devices during lunch periods or on breaks. 6. Provides that employees and elected and appointed officials shall not disclose information about confidential town business on either the town's social media sites or on personal social media sites. In addition, provides that use of social media sites by elected and appointed officials shall be in compliance with Arizona's open meetings laws. ATTACHMENTS: Name: Description: Type: ^ Reso re. Social Media Use Adminstrative_Directye Resoiution ~0001.6745~ DOC Resolutian ^ EX A Final Social_Meda. Social Media Use Administrative Directive Exhibit A ~_00016637)_.DOC Staff Recommendation: Staff recommends approval of the resolution adopting the Social Media Use Administrative Directive. Suggested Motion: I move to approve Resolution 2000-180, approving a Social Media Use Administrative Directive for Town of Marana employees and elected and appointed officials; and declaring an emergency. Regular Council Meeting -October 6, 2009 -Page 154 of 164 MARANA RESOLUTION N0.2009-180 RELATING TO ADMINISTRATION; APPROVING A SOCIAL MEDIA USE ADMINISTRATIVE DIRECTIVE FOR TOWN OF MARANA EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS; AND DECLARING AN EMERGENCY WHEREAS the Town Council has established broad guidelines and parameters regarding the administration of the Town through the Marana Town Code and other ordinances and policies; and WHEREAS Section 3-2-1(G) of the Marana Town Code provides that the Town Manager shall be the chief administrative officer and head of the administrative branch of the Town and shall execute general administrative supervision and. control of the affairs of the Town; and WHEREAS on September 15, 2009, the Town Council by Resolution No. 2009-164 approved and authorized the Town Manager to implement an administrative directive system for carrying out certain administrative functions and providing consistency in the performance of administrative tasks, in the use of Town resources and equipment, and in the implementation of the Town Code and other ordinances and policies; and WHEREAS the administrative directive system approved by Resolution No. 2009-164 included the provision that any administrative directive relevant to the Town's elected and appointed officials would be brought before the Council for its consideration and adoption by resolution; and WHEREAS the Town Council finds that the implementation of a Social Media Use Administrative Directive for Town of Marana employees and elected and appointed officials is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Social Media Use Administrative Directive for Town of Marana employees and elected and appointed officials, attached as Exhibit A and incorporated by this reference in this resolution. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the. Social Media Use Administrative Directive described in Exhibit A. Regulq~~i~~~1~r~0~c~er 6, 2009 -Page 155 of 164 ~ {00016745.DOC /} SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of October, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~r~~~ y~'r~0~~er 6, 2009 -Page 156 of 164 2 {00016745.DOC /} ADMINISTRATIVE DIRECTIVE Title: Social Media Use Issuing Department: Town Manager/Town Council Effective Date: October 6, 2009 Reviewed: PIO, Town Clerk, Legal, Technology Services Approved: Resolution 2009-180 Type of Action: New 1.0 PURPOSE This administrative directive outlines the protocol and procedures for use of social media to publicize official town services and events.. In addition, this policy addresses the responsibilities of individual employees and town officials with regard to social media and the use of town resources (time/equipment), as well as responsibilities related to public records and open meeting laws. 2.0 ORGANIZATIONS AFFECTED All Town of Marana departments, employees, and appointed and elected officials. 3.0 REFERENCES: • A.R.S. § 41-1351, A.R.S. § 38-421, A.R.S. § 41-1347.B.: Retention and disposition of public records is determined per statute by Arizona State Library, Archives and Public Records through analysis by the professional staff of RMD. Retention is based upon the legal, administrative, historical, fiscal or informational value of the record. • A.R.S. § 38-431 et seq: Open meeting law • Town of Marana Personnel Policies and Procedures, Policy 5-4: Use of communications systems and equipment • Town of Marana Code of Principle and Ethics-centered Governance • Town of Marana Town-Issued Computer Equipment/Software and Electronic Communication Usage Policies for Council Members -1- Regular Council Meeting -October 6, 2009 -Page 157 of 164 EXHIBIT A 4.0 DEFINITIONS 4.1 Social Media-various forms of discussion and information-sharing, including social networks, blogs, video sharing, podcasts, wikis, message boards, and online forums. Technologies include: picture-sharing, wall-postings, fan pages, a-mail, instant messaging, and music-sharing. Examples of social media applications include, but are not limited to, Google and Yahoo Groups (reference, social networking), Wikipedia (reference), MySpace (social networking), Facebook (social networking), YouTube (social networking and video sharing), Flickr (photo sharing), Twitter (social networking and microblogging), LinkedIn (business networking), and news media comment sharing/blogging. 4.2 Social Networking-the practice of expanding business and/or social contacts by making connections through Web-based applications. This policy focuses on social networking as it relates to the Internet to promote such connections for official town business and for employees, elected and appointed officials who are using this medium in the conduct of official town business. 5.0 POLICIES AND PROCEDURES All official town social media sites. will be administered by the Public Information Officer (PIO) in the Town Manager's Office. These social media sites shall be used for the limited purpose of informing the public about town business, services. and events. In the absence of the PIO, the Assistant to the Town Manager will administer all official town social media sites. Individual departments may not have their own pages/sites. Individual departments wishing to add content to official town social media sites may submit a request to the PIO. The town's Web site, www.marana.com, will remain the official location for content regarding town business, services and events. Whenever possible, links within social media formats should direct users back to the town's Web site for more information, forms, documents or online services necessary to conduct business with the Town of Marana. Each social media site used by the Town of Marana shall include an introductory statement that clearly specifies the purpose of the site and directs the user back to the town's Web site. Town of Marana employees and appointed and elected officials shall not disclose information about confidential town business on either the town's social media sites or their personal social media sites. In addition, all use of social media sites by elected and appointed officials shall be in compliance with Arizona's open meeting laws. Employees and elected or appointed officials' posts are a reflection of their own views and not necessarily those of the town. Posting / Commenting Guidelines All postings made by the town to social media sites will contain information and content that has already been published or broadcast in an official manner. The town will not comment on other social media members' sites. All official social media postings by the town will be done solely on the town's social media sites or in response to postings made on the town's social media sites. -2- Regular Council Meeting -October 6, 2009 -Page 158 of 164 EXHIBIT A Postings and comments to Town of Marana social media sites containing any of the following forms of content. will not be allowed: A. Comments not topically related to the administrator's posting B. Content that violates town policy, including abusive, harassing, intimidating, vulgar, obscene and offensive communications, communications that defame or libel others, and communications that infringe upon the privacy rights of others C. Disparaging communications or jokes that are based on race, national origin, marital status, sex, sexual orientation, disability, age, religion, or any other characteristic protected under federal, state or local law D. Communications of any copyrighted materials, trade secrets, proprietary information, or any other highly sensitive confidential information E. Solicitation of others for commercial ventures or religious, social or political causes F. Content that is in violation of the town's Internet use policy The Town of Marana reserves the right to remove content that is deemed in violation of this policy or any applicable law. Any participants on the town's official social media sites who are in continual violation of the posting/commenting guidelines may be permanently removed from the town's site. The town will only post photos for which it has copyright or owner's permission to use. Direct messages sent to social media accounts will be treated as general correspondence and kept in accordance with retention schedules provided by the Arizona State Library and Archives Records Management Division. Chat functions in any social media sites will not be used. Links to all social media networks to which the town belongs will be listed on the town's official Web site. Interested parties wishing to interact with these sites will be directed to visit the town's Web site for information on how to participate. The Town of Marana reserves the right to temporarily or permanently suspend access to official town social media sites at any time. PIO PROCEDURES Responses to Comments and Messages The PIO will be responsible for responding to comments and messages as appropriate. Whenever possible, the PIO will direct users back to the town's official Web site for more information, forms, documents or online services necessary to conduct business with the Town of Marana. The town may invite others to participate in its social media sites. Such invitations will be based upon the best interests of the town as determined by the PIO in consultation with the Town Manager or designee. -3- Regular Council Meeting -October 6, 2009 -Page 159 of 164 EXHIBIT A Departmental Requests for Posting to Social Media Sites The PIO will determine if a request is appropriate and adheres to the guidelines of this policy. If a request is not within policy guidelines, the request will be forwarded to the Town Manager's Office for further review. Requests for Pursuing/LTsingNety Social Media Sites All requests for new social media sites and services to promote town business, services or events must be submitted by the PIO via Track-It to the Technology Services Director and will be reviewed by the Technology Services Department and the Town Manager's Office for approval. Requests should be accompanied by an explanation of 1) the purpose of the social media site or service; 2) primary audience served; 3) the reason internal or existing resources will not meet these needs; and 4) a date range for the project (i.e. when will it launch, how long will it be in effect). Requests should identify appropriate resources, including staff and funding for production and management of services, when applicable. All content posted on official town social media sites must comply with town Web standards, unless otherwise agreed upon between the requesting department/division, the Town Manager's Office and the Technology Services Director. Employee or town confidentiality shall be maintained in accordance with all applicable laws and town policies. If a question arises regarding the use or posting of confidential information on a social media site, the matter shall be referred to the Legal Department office for review. The information in question shall not be posted, or if already posted, shall be removed until an opinion is rendered by the Legal Department. Notwithstanding the opinion of the Legal Department, the Town Manager's Office reserves the right to restrict or remove town information from an official town social media site if the Town Manager believes that the information does not serve the best interests of the town. All social media-based services to be developed, designed, managed by or purchased from any third-party source for use requires appropriate budget authority and approval from the Technology Services Director. The requesting department will be responsible for all costs related to the purchase, maintenance and support of third-party products. TECHNOLOGY SERVICES PROCEDURES Technology Services (TS) will work with the PIO to ensure that new social networking sites and proposed content meet town standards. Once a new request is determined to meet technology guidelines and town policies, it will be forwarded to the Manager's Office for review. If the request is approved, the Technology Services Director will allow open Internet access to the applicable social media site for the PIO and Assistant to the Town Manager. MANAGER'S OFFICE PROCEDURES The Town Manager's Office will review requests approved by Technology Services and the PIO and authorize final approval. In addition to the administrators provided by this policy, the Town Manager's Office shall determine/approve additional employee access to social media sites from town computing equipment. -4- Regular Council Meeting -October 6, 2009 -Page 160 of 164 EXHIBIT A 6.0 RESPONSIBILITIES 6.1 It is the responsibility of employees, and appointed and elected officials to understand the procedures as outlined in this policy. 6.2 Designated administrators for town social media sites will be trained regarding the terms of this policy, including their responsibilities to review content submitted for posting to ensure compliance with the policy. 6.3 Employees who are not designated by the Town Manager's Office to access social media sites for official business are prohibited from accessing social media sites utilizing town computing equipment and/or the town's web access. While at work, employees who are not granted access via town systems and computing equipment may use personal computing devices and personal web accounts to access social media sites only during non-working hours such as lunch periods and breaks. 6.4 The PIO will chair a social media committee consisting of the PIO, Permit and Records Manager, Deputy Town Clerk, and Technology Services Director. The committee will meet at least every six months to update and review policies and make recommendations to the Town Manager regarding current trends and potential impacts on technology services infrastructure. 7.0 ATTACHMENTS -5- Regular Council Meeting -October 6, 2009 -Page 161 of 164 EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 6, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ^ Bull_etin-#27.~df Bulletin 27 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -October 6, 2009 -Page 162 of 164 IN THIS ISSUE Impact Fees Bill Signed By The Governor; VLT Transfer Vetoed ....1 Other Budget Bills Of Note ............. 2 4`" Special Session? .........................2 September 11 ................................3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azl eague. org Internet: www.azleague.org Bulletin.#27 -Special Edition September 11, 2009 IMPACT FEES BILL SIGNED BY GOVERNOR; VLT TRANSFER VETOED Last Friday, Governor Brewer announced that she vetoed Senate Bill 1025, which contained the state property tax repeal, the shift of city vehicle license tax (VLT) to school districts and the change to the business property assessment ratio. We are very pleased the Governor took action to remove the VLT provision in order to not put the state's financial burden on cities and towns. The Governor did sign House Bill 2008, which contains the provisions on public benefit administration, impact fees, building codes and construction sales tax. In- depth explanations of those provisions are as follows [Note: We are very grateful to former League staffer Cheyenne Walsh for her invaluable assistance on this analysis]: Public Benefit Documentation (HB 2008, Sec. 1) Any city or town that administers a federal public benefit program that requires participants to be citizens must require that the participants demonstrate lawful presence in the United States. If a city or town employee does not report discovered violations of federal immigration law, that employee and the employee's supervisor can be charged with a class 2 misdemeanor. Finally, residents of Arizona are given a private right of action to "remedy" any entities that are in violation of these provisions. Sec. 2 of the bill applies the same mandates and penalties to state and local benefits administered by cities and towns. The League continues to analyze these provisions to determine their scope and impact. Once we have more legal guidance, we will pass it along. Impact Fees General Provisions (HB 2008, Sec. SZ 1. Clarifies that development fees must be used to provide services in the same "benefit area" in which it was collected. "Benefit area" is defined by the municipality in the Infrastructure Improvement Plan (IIP). (For most cities, this will be the entire city.) 2. Required (or agreed to) credits towards development fees must be based on the cost of the dedicated infrastructure as identified in the IIP. 3. The city must forecast and include in development fee calculations the future contributions derived from the property owner toward the capital cost of the necessary public service (NPS) for which the fee is being collected when determining the burden placed on the city/town by new development. Such contributions include those made in cash, taxes, fees, assessments or other sources of revenue. 4. Specifies that the IIP must: a. Estimate the NPS required by "benefit area", as defined in the IIP. Regular Council Meeting -October 6, 2009 -Page 163 of 164 September 11, 2009 5. 6. b. Provide a comparison of the NPS being provided to existing development and those provided to new development. c. Forecast the revenue sources that will be available to fund the NPS. Establishes "grandfathering" of approved projects from new or increased fees. A city/town development fee ordinance must provide that any increased portion of an existing fee or any new fee cannot be imposed upon a project for two years after fmal approval by the city if no material changes are made. Specifies the two years cannot be extended by renewal/amendment of the approved plan/plat. Increases done by annual index are applicable during the two year period. Requires the city/town to provide a written schedule of the fees applicable to the development upon request. Defines "final approval" as approval of a site plan for commercial. and multifamily developments, and a final subdivision plat approval for residential developments. If a multifamily development does not submit a site plan, then a final subdivision plat defines its "final approval" for purposes of this section. These changes become effective as of December 31, 2009. The "grandfathering" provisions do not apply to any "final approval" issued before January 1, 2010. Impact Fee Freeze (HB 2008, Sec. 41) Retroactive to June 29, 2009, cities and towns shall not impose any new development fees or increase any existing fees under 9-463.05 until after June 30, 2011. Construction Sales Tax Rate Freeze (HB 2008, Sec 42 Retroactive to June 29, 2009, cities and towns shall not impose an increased construction contracting sales tax rate (by vote of the people or act of the city/town council) until after June 30, 2011. Any construction contracting sales tax rate enacted prior to June 1, 2009, is exempted from this prohibition. Building Codes Restrictions (HB 2008, Sec. 6) Retroactive to July 1, 2009, any new or modified building code cannot apply to a residential or commercial building that received its subdivision plat/site plan/PAD prior to June 1, 2009, until after June 30, 2011. Exempts any code changes necessary to receive federal stimulus funding. Regular Council Meeting -October 6, 2009 -Page 164 of 164 OTHER BUDGET BILLS OF NOTE House Bi112013 In House Bill 2013, there are two provisions that could have some effect on cities and towns. In Section 20, there is a requirement for local governments to pay the full cost of competency restoration. Typically municipalities, since they only prosecute misdemeanors, do not have a lot of these cases in a year. In Section 32 of the bill, there is a call for a local government to pay for 25 percent of the costs for a civil commitment for someone deemed to be a "sexually violent person." Again, these will probably be only felony cases, therefore a county responsibility. We do not anticipate much, if any, of a fiscal impact to cities and towns with either of these provisions. House Bi112014 Section 19 of HB 2014 allows cities and towns to enter into financial assistance loan repayment agreements with the water infrastructure financing authority (WIFA) without submitting the question to the voters if the funding to WIFA is provided by the American Recovery and Reinvestment Act of 2009 (ARRA). This authority is effective through the end of fiscal year 2010-11. 4TH SPECIAL SESSION? The Governor also announced that she would be negotiating with legislative leaders regarding the scope and timing of the 4~' Special Session. She indicated the session would be limited to a few agency budgets that were affected by her veto of SB 1025 and that she would not push for her sales tax rate hike referral until the next regular session convenes in January. Once we know more, we will let you know. SEPTEMBER 11Tx Healing Field Memorial, Tempe September 11, 2009