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HomeMy WebLinkAbout11/16/2010 Council Agenda Packet*'^~~,~ ~~ ~~ MARANA TOWN COUNCIL REGULAR COUNCII.. MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 16, 2010, 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 toy to others, please turn off or put in silent mode all pagers 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 and/or 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 Regular Council Meeting -November 16, 2010 -Page 1 of 132 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. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana com, 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, November 15, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com 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. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) 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. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentation: Relating to Budget; an update of the Town's financial status for the first quarter of the 2010-11 fiscal year (Erik Montague) 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 Regular Council Meeting -November 16, 2010 -Page 2 of 132 agenda, 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. 2010-105: 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 2010 Operation Stonegarden Grant Program (T VanHook) C 2: Resolution No. 2010=106:___Relating to Streets; approving and authorizing the renaming of "Gallery Canyon Drive" to "Paseo Vista Solana" (Keith Brann) C 3: Resolution No. 2010-107: Relating to Streets; approving and authorizing the renaming of a segment of Camino de Mariana to Dalton Place (Keith Brann) C 4: Resolution No. 2010-108: Relating to Municipal Court; approving the reappointment of magistrates pro-tempore and civil traffic violation hearing officers (Cedric Hay) C 5: Resolution No. 2010-109: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for video-court hearings of Marana Municipal Court prisoners being held at the Pima County Adult Detention Center (Cedric Hay) C 6: Resolution No. 2010-110: Relating to Utilities; approving and authorizing the Mayor to execute a Joint Funding Agreement with the U.S. Department of the Interior U.S. Geological Survey to continue from October 1, 2010 through September 30, 2013 the study entitled Aquifer-Storage Change and Land-Surface Elevation Change Monitoring in the Tucson Active Management Area (Dorothy O'Brien) C 7: Minutes of the November 3, 2010 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2010-111: [Marana Town Council acting as the Floodplain Management Board]: Relating to Floodplain Management; request for a variance to Title 21, Floodplain and Erosion Hazard Management Code, for property located at 6046 W. Quail Nest Place (Keith Brann) COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 -Compensation (Suzanne Machain) D 2: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment (Suzanne Machain) Regular Council Meeting -November 16, 2010 -Page 3 of 132 D 3: Legislative/Intergovernmental Resort: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Gilbert Davidson) 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 (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 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 -November 16, 2010 -Page 4 of 132 ~-~~"'~~ ~~ 11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item P 1 From: Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Strategic Plan Focus Area -Additional Information: "Financial sustainability" is listed as one of the overriding principles which guided development of the Marana Strategic Plan. Subject: Presentation: Relating to Budget; an update of the Town's financial status for the first quarter of the 2010-11 fiscal year Discussion: Staff will present a summary of the Town's financial status for the first quarter (July -September) of the 2010-11 fiscal year. Attached please find the General Fund budget in brief for September 2010, which provides a broad overview of the preliminary first quarter results for the General Fund. Financial Impact: None ATTACHMENTS: Name: Description: Type: ~ General Fund_in_Bref 201009.pdf General Fund Budget in Brief -September 2010 Backup Material Staff Recommendation: None Suggested Motion: None Regular Council Meeting -November 16, 2010 -Page 5 of 132 ~'~~_ Fiscal Year ~0~~.-20 ~ ~ ,~4 ~,~" ,l ~ i. , :--~ . ^ .,,~ _~ .~ ...~ ._. t - r-- - - -_ J ire - - - .J r ~ *_ -- ~"~ - -" - ~' Summary General Fund revenues for: the month of September of $2.59 million exceeded expenditures of $2.06 million by $0.53 million. For the first three months of this fiscal year ending in September, revenues exceed expenditures by $1.93 million. This excess is primarily attributable to the timing of capital outlay expenditures and required debt service transfers. The majority of this excess is projected be utilized by December after the completion of required debt service transfers and certain capital projects are completed or are under way. Percent of Revenues Current Month Year to Date FY2011 Budget Budget Sales tax revenues $ 1,646,487.61 $ 4,834,352.23 $ 18,983,515 25.5% Other agency revenues 460,206.24 1,391,250.21 5,680,866 24.5% Licenses, fees & permits 371,674.02 724,736.93 1,676,250 43.2% Charges for services 24,966.64 73,227.29 873,250 8.4% Fines and forfeiture. 32,772.31 131,928.86 735,000 17.9% Grants and contributions 9,759.62 89,824.73 110,950 81.0% Investment income - 13,249.09 75,000 17.7% Miscellaneous revenues 48,369.51 120,368.54 568,789 21.2% Total Revenue 2,594,235.95 7,378,937.88 28,703,620 25.7% Expenditures Personnel & benefits 1,437,281.29 3,760,320.18 19,105,370 19.7% Contrected services 445,259.53 1,218,199.32 4,430,443 27.5% Operating supplies & equip 175,930.67 469,216.12 2,886,403 16.3% Capital outlay 331.54 1,990.81 1,591,405 0.1% Transfers out - - 2,615,706 0.0% Total Expenditures $ 2,058,803.03 $ 5,449,726.43 $ 30,629,327 17.8% Net Revenues Over/(Under) Expenditures _ $ 535,432.92 $ 1,929,211.45 $ (1,925,707) -100.2% Prepared by: Regular Council Meeting -November 16, 2010 -Page 6 of 132 Flflal'1Ce Department Revenues Approximately 92% of General Fund Revenues come from sales taxes, intergovernmental revenue and licenses, permits and fees. Collectively, these comprise the "big three". The following describes those major revenues. Sales taxes - Overall tax collections (excluding the portion of contracting taxes allocated to the Transportation Fund) were $1.65 million for September and were 9.42% higher than September 2009. Significant reductions in contracting taxes were included in the FY2011 revenue projections and collections are slightly above projections through September of this year. Retail sales tax collections for September were $0.73 million which was 0.23% higher than the same period a year ago. The slight variance in hotels & lodging taxes is primarily due to the seasonality of this industry and the lower months of activity in the summer. Overall tax collections through September were $4.83 million or 25.9%. Current Percent Category Current Month Current YTD Budget of Budget Mining $ 1,342.92 $ 4,577.57 $ 5,000 91.6% Contracting 176,165.18 550,265.33 1,981,495 27.8% Transportation, Corrrnunications, Utilities 310,748.13 842,861.77 2,920,620 28.9% Wholesale Trade 10,639.10 39,051.93 373,320 10.5% Retail Trade 725,995.82 2,081,608.17 8,463,925 24.6% Restaurant & Bars 130,942.90 386,649.86 1,512,485 25.6% Fire, Insurance & Real Estate 106,815.35 326,765.62. 785,990 41.6% Hotels & OtherLodging 109,321.52 293,999.32 1,348,320 21.8% Services 60,649.59 222,440.82 886,715 25.1% Manufacturing 6,481.94 26,127.27 186,515 14.0% All Others 7,385.16 60,004.57 169,130 35.5% Total Revenue $ 1,646,487.61 $ 4,834,352.23 $ 18,633,515 25.9% Intergovernmental - Intergovernmental collections were $0.46 million for month of September and overall collections through September are $1.39 million or 24.5%. The immaterial variance of 1.4% in State shared sales tax collections will be closely monitored. Current Percent Category Current Month Current YTD Budget of Budget State Shared Sales Tax $ 158,394.54 $ 472,343.47 $ 2,004,971 23.6% Urban Revenue Sharing 216,768.14 650,304.97 2,600,828 25.0% Auto Lieu Tax 85,043.56 268,601.77 1,075,067 25.0% Total Revenue $ 460,206.24 $1,391,250.21 $ 5,680,866 24.5% 2 Regular Council Meeting -November 16, 2010 -Page 7 of 132 Licenses, permits and fees- Collections were $0.37 million for September and overall collections through September are $0.72 million or 43.2% which is slightly higher than projections. This is primarily due the increased number of single family residence permits issued through September over expectations (30 per month actual average vs. 16 per month budgeted). Current Percent Category Current Month Current YTD Budget of Budget SFR new permit $ 73,499.12 $ 312,497.62 $ 560,000 55.8% SFR existing permit 2,321.72 6,609.52 20,000 33.0% Commercial new permit 154,626.03 179,278.69 200,000 89.6% Commercial existing pem~it 15,830.42 36,746.14 105,000 35.0% Grading permit 16,126.78 17,340.54 47,000 36.9% Utility permits - 1,160.76 3,000 38.7% Pool permit 4,794.38 11,302.45 25,000 45.2% Sign permit 1,041.60 3,444.66 25,000. 13.8% Patio wall permit 2,473.28 4,556.68 10,000 45.6% ROW perrrut 1,636.00 7,933.00 22,250 35.7% Floodplain permit 10.00 535.00 500 107.0% Misc. perrrtit 8,424.33 25,935.94 65,000 39.9% Franchise fees 76,357.22 76,357.22 300,000 25.5% Business licenses 7,465.00 31,794.74 125,000 25.4% Liquor licenses - 1,025.00 6,000 17.1% Aggregate rr~ning fee 7,068.14 8,218.97 150,000 5.5% Bank protection fee - - 12,500 0.0% Total Revenue $ 371,674.02 $ 724,736.93 $ 1,676,250 43.2% 3 Regular Council Meeting -November 16, 2010 -Page 8 of 132 Expenditures The General Fund expended $2.06 million in September. Through the period ending in September, the General .Fund expended $5.45 million or 17.8% of budget. The variances in Town Clerk, Streets & Community Response, and CIP are primarily due to the timing of one-time capital projects or programs. The variance in non-departmental is largely due to the timing of debt service transfers which will occur in December 2010. Percent Current of Department Current Month Current YTD Budget Budget Non-departmental $ 240,992.75 $ 769,010.26 $ 6,125,026 12.6% Mayor and Council 18,364.47 49,365.73 259,773 19.0% Town Manager 67,462.63 179,031.88 971,894 18.4% Town Clerk 16,277.78 47,667.90 376,693 12.7% Human Resources 44,881.39 91,955.27 402,728 22.8% Finance 46,257.05 120,838.80 709,988 17.0% Legal 63,623.76 153,877.59 752,282 20.5% Technology Services 163,855.62 395,733.75 1,772,180 22.3% Development Services GM 12,866.94 36,238.10 180,389 20.1% Permits and Records 34,334.78 108,240.22 472,374 22.9% Inspections & Enforcement 32,126.47 87,038.67 473,071 .18.4% Planning 39,466.21 104,824.97 486,155 21.6% Engineering 97,941.82 316,044.50 1,377,672 22.9% Police 684,791.24 1,720,911.87 8,920,634 19.3% Magistrate Court 62,319.21 171,982.17 921,869 18.7% Public Services GM 34,766.60 84,124.77 411,704 20.4% Streets & Corrxnunity Response 95,993.93 219,201.62 2,072,366 10.6% CIP 81, 382.53 147,940.64 1, 037, 259 14.3% Parks and Recreation 204,889.91 602,576.32 2,702,957 .22.3% Community Development 16,207.94 43,121.40 202,313 21.3% Total Expenditures $ 2,058,803.03 $ 5,449,726.43 $ 30,629,327 17.8% 4 Regular Council Meeting -November 16, 2010 -Page 9 of 132 ~~~~~ 1. '\r^+ r~~~»~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-105: 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 2010 Operation Stonegarden Grant Program Discussion: Operation Stonegarden is a federally funded program originating with 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. 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. Marana has been awarded $155,794 under two separate subgrantee agreements with the Arizona Department of Homeland Security to support Operation Stonegarden. Funding will be used to augment and support 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 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. 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 Regular Council Meeting -November 16, 2010 -Page 10 of 132 Mexico, three specific areas will be targeted for Stonegarden activities: Area one: Sandario road from Emigh to Avra Valley. Area two: SilverbelUTwin Peaks Corridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. To support this initiative Marana will deploy four to six uniformed officers, a canine officer, and a supervisor with supporting staffing from dispatch. These deployments will consist of eight (8) hour shifts conducted two (2) days per month. Deployment dates will coincide with Operation COBIJA, Operation Knight Hunter, "surge" dates identified by HIDTA, United States Border Patrol, ICE, and internal/external intelligence information and trends. If contact and/or interaction are made with certain "persons of interest," notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol or the appropriate agency. 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 locations 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. Financial Impact: Funding has been awarded to support overtime, mileage reimbursement ($111,774), and two specific pieces of equipment ($44,020). 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. There is no match requirement for the funding. Grant funding has a small impact on the Community Development and Finance departmental operating budgets for administration. ATTACHMENTS: Name: Description: Type: O Reso_Operation Stonegarden_agreements X00023932-2).DOC -Resolution Resolution ^ Stonegarden 777424-Oi.doc Exhibit A Exhibit [] Stone~_a_rden 77742.4.doc Exhibit B Exhibit Staff Recommendation: Staff recommends approval of both 5ubgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program. Suggested Motion: I move to adopt Resolution No. 2010-105, 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 2010 Operation Stonegarden Grant Program. Regular Council Meeting -November 16, 2010 -Page 11 of 132 MARANA RESOLUTION N0.2010-105 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 RECENING FUNDS UNDER THE 2010 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 specialty equipment for services provided in coordination with the Operation Stonegarden Program; and WHEREAS, under the terms of the 2010 Operation Stonegarden Grant Program, upon execution of two Subgrantee Agreements the Town of Marana is eligible to receive funds in the amount of $155,794 from the Arizona Department of Homeland Security for overtime pay, mileage reimbursement, and specialty equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Subgrantee Agreements 10-AZDOHS-OPSG-777424-01 and 10-AZDOHS-OPSG-777424-02 between the Arizona Department of Homeland Security and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibits A and B respectively, are hereby approved and the Town Manager is hereby authorized to execute them for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Subgrantee Agreements. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16~' day of November, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regular GouliYCai Nfeefing NoOverr5ber01~ ZO'f~e~age 12 of 132 Frarik C1SSldy, Town Attorney {00023932.DOC / 2} SUBGRANTEE AGREEMENT (Overtime and Mileage) 10-AZDOHS-OPSG-777424-01 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 (stbrecipient) 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, 2010 and shall terminate on March 31, 2012. The obligations of the subrecipient as described herein will survive termination of this agreement. 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 $111,774 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a) Provide up to $111,774 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 .azdohs.ov. 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 as described in the application. Any modification to quantity or scope of work must be preapproved in writing by AZDOHS. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is 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 in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or 10_,gZ~~pl~g~geiFjirpp -November 16, 2010 -Page 13 of 132 Page 1 Any unauthorized changes to this document will result in termination of this award. otherwise 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 can involve aspects of the work involved under this contract including but not limited to 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:ffwww.access.rto.govfnarafcfriwaisidx 07144cfrvl 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at http:ffwww.access. o.govfnarafcfrlwaisidx 07f2cfr225 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:l/www.wl~itehouse,ctovfombfcircularsfa 133fa133. 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 htt:ff149.168.212.15fmitic~ationlLibrarYf44 CFR-Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at httpsal .rkb.rrtipt.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, 10-AZf~IF~O~q~ -November 16, 2010 -Page 14 of 132 Page 2 Any unauthorized changes to this document will result in termination of this award. Uniform Administrative Requirements for Grants and Co-operative Agreements to State and Local Government. 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). subrecipient shall not undertake and project having the potential to impact EHP resources without the prior approval of AZDOHS/FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modification to buildings that are 50 years old or greater. subrecipient 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 subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Construction activities shall not be initiated prior to the full environmental and historic preservation review. Consultants/Trainers/Training Providers Billings for consultants/trainers/training providers 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/trainer/training provider costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the subrecipient and 44 CFR Chapter 1, Part 13 and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travel days for consultants/trainers/training providers. Contractors/Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for pertormance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally 1 p_,gZ$@~{}¢7p~pg(5~t~~ -November 16, 2010 -Page 15 of 132 Page 3 Any unauthorized changes to this document will resuR in termination of this award. financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rates established by the Arizona Department of Administration, General Accounting Office Travel Policies: hp:// .gao,az.gov. Procurement The subrecipient shall comply with all internal agency procurement rules/policies and must also comply with Federal procurement rules/policies as outlined in section VII and all procurement must comply substantially with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training The subrecipient agrees that any grant funds used for training must be in compliance with grant guidance. All training must be approved through the ADEM/AZDOHS training request process prior to execution of training contract(s). 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 subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient 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 subrecipient 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.) b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed. a material breach of the contract and the subrecipient may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the subrecipient is complying with the warranty under paragraph (a) above. 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 sub-part 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 10-AZ~1ttP~l~h -November 16, 2010 -Page 16 of 132 Page 4 Any unauthorized changes to this document will result in termination of this award. 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. An equipment/capital asset list shall be maintained for the entire scope of the program or project for which it was acquired. All equipment having an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and/or a useful life of more than one year shall be included in the equipment/capital asset list. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipient agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. 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: • 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. 10-AZ~69HlIP0~l~hN~F~ -November 16, 2010 -Page 17 of 132 Page 5 Any unauthorized changes to this document will result in termination of this award. 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. 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 .azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic 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. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. 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. 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. 10_,gZ~~~~C,iir~ -November 16, 2010 -Page 18 of 132 Page 6 Any unauthorized changes to this document will result in termination of this award. XII1. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services provided under this Agreement shall be performed 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. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. 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. XVI. 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. XVII. 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. XVIII. 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. XIX. 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, performance of such act will be excused for the period of the delay. XX. 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. ~ 0_,gZ~~p~pg~r gFjrir~ -November 16, 2010 -Page 19 of 132 Page 7 Any unauthorized changes to this document will result in termination of this award. XXI. 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. XXII. 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. XXIII. 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 Paragraph 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. XXIV. 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. XXV. 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. XXVI. 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 2009-09 XXVII. 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. XXVIII. 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. 1 p_,gZ~~plp~gghir~ -November 16, 2010 -Page 20 of 132 Page 8 Any unauthorized changes to this document will resuk in termination of this award. XXIX. 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. XXX. 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 document was prepared under a grant from the 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 the U.S. 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-recipients 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. 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. XXXI. 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. XXXII. INDEMNIFICATION To the extent permitted by law, each parry (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 (including 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, officials, agents, employees, or volunteers. 10-AZ~4l~O~C4~+~ -November 16, 2010 -Page 21 of 132 Page 9 Any unauthorized changes to this document will result in termination of this award. XXXIII. 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. XXXIV. 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. XXXV. 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. XXXVI. 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. XXXVII. 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. XXXVIII. SPECIAL CONDTIONS a). The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b). The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c). The recipient 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, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the 1 p_p,Z~}t~p~ggFjly~ir~ -November 16, 2010 -Page 22 of 132 Page 10 Any unauthorized changes to this document will result in termination of this award. provision of any information required for the assessment or evaluation of any activities within this agreement. e). The recipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. 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 .azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at .azdohs.aov. The 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 XL. 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.) 10-AZB@~li§~0~(94h -November 16, 2010 -Page 23 of 132 Page 11 Any unauthorized changes to this document will resuk in termination of this award. SUBGRANTEE AGREEMENT (Equipment) 10-AZDOHS-OPSG-777424-02 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. 11. TERM OF AGREEMENT. TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2010 and shall terminate on December 31, 2011. The obligations of the subrecipient as described herein will survive termination of this agreement. 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 - Eguipment" and funded at $44,020 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a) Provide up to $44,020 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 .azdohs.ov. 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 as described in the application. Any modification to quantity or scope of work must be preapproved in writing by AZDOHS. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is 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 in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or 10_p,Zgirp~p- November 16, 2010 -Page 24 of 132 Page 1 Any unauthorized changes to this document will result in termination of this award. otherwise 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 can involve aspects of the work involved under this contract including but not limited to 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:llwww.access.go.qovlnarafcfrlwaisidx,,,07144cfrvl 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at htt:flwww.access.g~po,govfnara/cfr/waisidx 07f2cfr225 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 t~ttpJ/www.Whitehouse,govlomblcircularsla1331a133. 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/mitigatianlLibrarY/44 CFR-Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at l~ttps:l/www.rkb.mipt.orglael.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, 10-AZ~6®1l~O~t44~- November 16, 2010 -Page 25 of 132 Page 2 Any unauthorized changes to this document will result in termination of this award. Uniform Administrative Requirements for Grants and Co-operative Agreements to State and Local Government. 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). subrecipient shall not undertake and project having the potential to impact EHP resources without the prior approval of AZDOHS/FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modification to buildings that are 50 years old or greater. subrecipient 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 subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Construction activities shall not be initiated prior to the full environmental and historic preservation review. ConsultantsITrainers/Training Providers Billings for consultants/trainers/training providers 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/trainer/training provider costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the subrecipient and 44 CFR Chapter 1, Part 13 and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travel days for consultants/trainers/training providers. Contractors/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 OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands 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 of 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 may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally 10-AZ -November 16, 2010 -Page 26 of 132 Page 3 Any unauthorized changes to this document will result in termination of this award. financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rates established by the Arizona Department of Administration, General Accounting Office Travel Policies: hp;// .c#ao.az.g®v. Procurement The subrecipient shall comply with all internal agency procurement rules/policies and must also comply with Federal procurement rules/policies as outlined in section VII and all procurement must comply substantially with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training The subrecipient agrees that any grant funds used for training must be in compliance with grant guidance. All training must be approved through the ADEM/AZDOHS training request process prior to execution of training contract(s). 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 subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient 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 subrecipient 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.) b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the subrecipient may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the subrecipient is complying with the warranty under paragraph (a) above. 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 sub-part 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 1 p_,gZ~~pl~ggt~lp(~ir~-November 16, 2010 -Page 27 of 132 Page 4 Any unauthorized changes to this document will result in termination of this award. 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. An equipment/capital asset list shall be maintained for the entire scope of the program or project for which it was acquired. All equipment having an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and/or a useful life of more than one year shall be included in the equipment/capital asset list. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipient agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. 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: • 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. 10-AZT- November 16, 2010 -Page 28 of 132 Page 5 Any unauthorized changes to this document will result in termination of this award. 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. 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 .azdohs.au. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic 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. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. 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. 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. 10-AZB@i94F~0hN-November 16, 2010 -Page 29 of 132 Page 6 Any unauthorized. changes to this document will result in termination of this award. XIII. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services provided under this Agreement shall be pertormed 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. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. 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. XVI. 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. XVII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Ariiona 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. XVIII. 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. XIX. 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, performance of such act will be excused for the period of the delay. XX. 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. 10-AZ86!&It43C~!'~h- November 16, 2010 -Page 30 of 132 Page 7 Any unauthorized changes to this documenfwill result in termination of this award. XXI. 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. XXII. 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 performance knows of the nature of the performance and fails to object. XXIII. 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 Paragraph 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. XXIV. 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. XXV. 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. XXVI. 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 2009-09 XXVII. 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. XXVIII. 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. 10-AZ -November 16, 2010 -Page 31 of 132 Page 8 Any unauthorized changes to this document will result in termination of this award. XXIX. 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. XXX. 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 document was prepared under a grant from the 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 the U.S. 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-recipients 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. 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. XXXI. 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. XXXII. INDEMNIFICATION To the extent permitted by law, 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 (including 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, officials, agents, employees, or volunteers. 10_p,Z~{~pl~gglir~-November 16, 2010 -Page 32 of 132 Page 9 Any unauthorized changes to this document will resuR in termination of this award. XXXIII. 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. XXXIV. 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. XXXV. 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. XXXVI. 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. XXXVII. 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. XXXVIII. SPECIAL CONDTIONS a). The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b). The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c). The recipient 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, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the 10_,gZ~~p~ggl7ir~-November 16, 2010 -Page 33 of 132 Page 10 Any unauthorized changes to this document will result in termination of this award. provision of any information required for the assessment or evaluation of any activities within this agreement. e). The recipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. 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 .azdohs. ov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at .azdohs.ov. The 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 XL. 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.) 1 p_,gZp~~lir~-November 16, 2010 -Page 34 of 132 Page 11 Any unauthorized changes to this document will result in termination of this award. ~~~~~ >~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2010-106: Relating to Streets; approving and authorizing the renaming of "Gallery Canyon Drive" to "Paseo Vista Solana" Discussion: A request has been made to rename Gallery Canyon Drive, located within the Dove Mountain community, to Paseo Vista Solana. The street in question already contains signage marked Paseo Vista Solana. Although the subdivision was platted with the street named Gallery Canyon Drive, a change was made at some point to name the street Paseo Vista Solana. Town staff has been unable to determine why a formal renaming process was not undertaken or how the street signage was allowed to be installed contrary to the platted name. Nevertheless, the street for all intents and purposes has operated for several years under the name Paseo Vista Solana. Staff sees this resolution as a clarification to align proper procedure with the field reality. There are presently no residences along this road and only two utility addresses. The appropriate utility companies have been notified of the situation and have expressed no objection to the proposed change. Financial Impact: None (appropriate signage already exists along the road in question). ATTACHMENTS: Name: Description: Type: ~ Res..o....lution on_namng_Paseo_Vsta Solana.DOC Resolution Resolution Staff Recommendation: Stafff recommends approval of the resolution. Suggested Motion: I move to adopt Resolution No. 2010-106, approving and authorizing the renaming of "Gallery Canyon Drive" to "Paseo Vista Solana". Regular Council Meeting -November 16, 2010 -Page 35 of 132 MARANA RESOLUTION N0.2010-106 RELATING TO STREETS; APPROVING AND AUTHORIZING THE RENAMING OF GALLERY CANYON DRNE TO "PASEO VISTA SOLANA" WHEREAS a request has been made to rename the street Gallery Canyon Drive to Paseo Vista Solana; and WHEREAS there is a disconnected road within the Town of Marana with the name Gallery Canyon Place; and WHEREAS the Town finds that it is in the best interest of the traveling public to rename the street Gallery Canyon Drive to Paseo Vista Solana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the street Gallery Canyon Drive from Dove Mountain Boulevard to Silent Sky Place shall be renamed "Paseo Vista Solana". PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2010. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council. Meeting -November 16, 2010 -Page 36 of 132 ....+ ~~ . ~.~ ~.~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-107: Relating to Streets; approving and authorizing the renaming of a segment of Camino de Mariana to Dalton Place Discussion: As part of the Twin Peaks Interchange/Twin Peaks Road (formerly Camino de Mariana) projects, a significant portion of the original Camino de Mariana was renamed Twin Peaks Road in order to provide a continuous roadway from the western Town limits to Tangerine Road. The remaining Camino de Mariana is now broken into two segments. The major segment is the remainder of Camino de Mariana east of the Blue Bonnet Road alignment. This segment now begins at Twin Peaks Road and continues along its original alignment to Tangerine Road east of Camino de Oeste. There is no intent to rename this portion of Camino de Mariana. The minor segment of remaining Camino de Mariana right-of-way extends from Twin Peaks Road south to the Union Pacific Raikoad tracks. As part of the Twin Peaks projects, Council abandoned the Camino de Mariana right-of--way at the Union Pacific Railroad tracks due to the new Twin Peaks Road being constructed as agrade-separated crossing. In order to better serve the traveling public through eliminating discontinuous segments of roadway, staff recommends renaming the minor section of Camino de Mariana south of Twin Peaks Road to Dalton Place. Dalton Place was a working name used during the design of the interchange that was integrated into the final construction plans. There are presently no residences addressed along this section of Camino de Mariana. Financial Impact: The Twin Peaks Interchange project team is installing a stop sign at the intersection of the proposed Dalton Place with Twin Peaks Road. The Town would be responsible for installing and mounting a street placard sign.. ATTACHMENTS: Name: Description: Type: ^ Resolution_on_namng_Dal#on_Place,_.D..OG resolution Resolution Regular Council Meeting -November 16, 2010 -Page 37 of 132 Staff Recommendation: Staff recommends approval of the resolution. Suggested Motion: I move to adopt Resolution No. 2010-107, approving and authorizing the renaming of a segment of Camino de Mariana to Dalton Place. Regular Council Meeting -November 16, 2010 -Page 38 of 132 MARANA RESOLUTION N0.2010-107 RELATING TO STREETS; APPROVING AND AUTHORIZING THE RENAMING OF A SEGMENT OF CAMINO DE MANANA TO "DALTON PLACE" WHEREAS a request has been made to rename a segment of the street Camino de Manana to Dalton Place; and WHEREAS the subject Camino de Manana right of way is disconnected from what is considered the true Camino de Manana; and WHEREAS the Town finds that it is in the best interest of the traveling public to rename the segment of the street Camino de Manana to Dalton Place. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the segment of the street Camino de Manana from Twin Peaks Road to its terminus at the Union Pacific Railroad shall be renamed "Dalton Place". PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of November, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -November 16, 2010 -Page 39 of 132 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-108: Relating to Municipal Court; approving the reappointment of magistrates pro-tempore and civil traffic violation hearing officers Discussion: On June 23, 2009, the Council approved Resolution No. 2009-97 approving the appointment of magistrates pro-tempore and civil traffic hearing officers to assist the Town Magistrate on an as- needed basis. If approved, this resolution will reappoint the individuals appointed in 2009 to serve in the same capacity. The terms of the reappointments will be from July 1, 2010, to August 31, 2012, to coincide with the term of the Town Magistrate's current contract with the Town, which is scheduled to end on August 31, 2012. Financial Impact: There will be no additional financial impact beyond that which has already been included in the Municipal Court's budget. ATTACHMENTS: Name: Description: Type: D 201.0 Resolution reappointng~ro_tems (00023866-2).DOC Resolution Resolution Staff Recommendation: Staff recommends approval of this resolution and the reappointment of the magistrates pro- tempore and civil traffic hearing officers. Suggested Motion: I move to adopt Resolution No. 2010-108, approving the reappointment of magistrates pro- tempore and civil traffic violation hearing officers. Regular Council Meeting -November 16, 2010 - Page'40 of 132 MARANA RESOLUTION N0.2010-108 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF MAGISTRATES PRO-TEMPORE AND CNII. TRAFFIC VIOLATION HEARING OFFICERS WHEREAS Section 5-2-1 of the Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate's absence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honorable Charles Davies, has determined that it is necessary to appoint qualified individuals to serve as magistrates pro tempore on an as-needed basis in the Marana Municipal Court; and WHEREAS on June 23, 2009, via Resolution No. 2009-97, the Town Council appointed Kenneth Bowman, David Dingledine, Eugene Hays and Keith Singer as magistrates pro tempore; and WHEREAS the Town Magistrate recommends that the Town Council reappoint Kenneth Bowman, David Dingledine, Eugene Hays and Keith Singer to continue their service as magistrates pro tempore on an as-needed basis; and WHEREAS the Town Council finds that these individuals meet the qualifications imposed by Arizona law and possess the requisite skill and character to perform as magistrates pro tempore; and WHEREAS Section 5-2-3 of the Town Code provides that the Town Magistrate, with the approval of the Town Council, may appoint one or more hearing officers to preside over civil traffic violation cases; and WHEREAS on June 23, 2009, via Resolution No. 2009-97, the Town Council appointed George Anderson and Sandra Celaya as civil traffic violation hearing officers; and WHEREAS the Town Magistrate wishes to reappoint George Anderson and Sandra Celaya to continue their service as civil traffic violation hearing officers; and WHEREAS the Town Council finds that these individuals meet the qualifications imposed by Arizona law and possess the requisite skill and character to perform as hearing officers. Marana Resolution 2010-108 {00023866.DOC / 2} Regular Council Meeting -November 16, 2010 -Page 41 of 132 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby reappoints the following individuals to continue their service as magistrates pro tempore on an as-needed basis: Kenneth Bowman, David Dingledine, Eugene Hays and Keith Singer. SECTION 2. The Town Council hereby reappoints George Anderson and Sandra Celaya to continue their service as civil traffic violation hearing officers. SECTION 3. The Town Council hereby directs that the reappointment of these magistrates pro tempore and hearing officers is retroactive to July 1, 2010, and that their terms shall expire on August 31, 2012. SECTION 4. The Town Council further directs that the magistrates pro tempore shall be paid at the rate of $125.00 per half-day and $250.00 per full-day of service and that the hearing officer, George Anderson, shall be paid $75.00 per half-day and $150.00 per full-day of service, as independent contractors to the Town. SECTION 5. The Town Council further directs that the hearing officer, Sandra Celaya, who is a regular employee of the Town, shall receive no additional compensation as hearing officer other than her regular pay and benefits as an employee of the Town. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16`" day of November, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RegulflAaQeaa~Balehtlia,~-2Qb0e't~6er 16, 2010 -Page 42 of 132 {00023866.DOC / 2} -2- ~~~r:.~w....~ t 1~ 1~~ ~~~1~ rnx~~ x~r warta..~u, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item C 5 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-109: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for video- court hearings of Marano Municipal Court prisoners being held at the Pima County Adult Detention Center Discussion: The Marano Municipal Court utilizes the technology and staff from the Pima County Adult Detention Center to conduct video hearings for prisoners who have been arrested and are being held on warrants issued by the Marano Municipal Court. This is the most efficient way to ensure that these individuals are seen in a timely manner without having to bear the cost and complications associated with transporting them to be seen "in-person" at the Marano Municipal Court. The town has negotiated the terms for this service with Pima County and these terms are reflected in the intergovernmental agreement (IGA) which is the subject of this resolution. This resolution approves the agreement and authorizes and directs the Mayor to execute it on behalf of the town. The agreement has cone-year term and may be extended for four additional years. Financial Impact: The IGA requires the town to pay $35.52 per hour for security services on each day that video court is held. This is an increase of $3.28 per hour from last year and has been factored into the Marano Municipal Court's budget. ATTACHMENTS: Name: Description: Type: O Reso_video court 2010(00023787).DOC Resolution Resolution ~ 2010 Video court IGA with_Pima_County_ Video Court IGA between TOM and Pima County Exhibit (00023864j.PDF Staff Recommendation: Staff recommends adoption of the resolution which will have the effect of approving the IGA. Regular Council Meeting -November 16, 2010 -Page 43 of 132 Suggested Motion: I move to adopt Resolution 2010-109, approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for video-court hearings of Marana Municipal Court prisoners being held at the Pima County Adult Detention Center. Regular Council Meeting -November 16, 2010 -Page 44 of 132 MARANA RESOLUTION NO. 2010-109 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNIVIENTALRGREEMENT WITH PIMA COUNTY FOR VIDEO- COURTHEARINGS OF MARANA MUNICIPAL COURT PRISONERS BEING HELD AT THE PIMA COUNTY ADULT DETENTION CENTER WHEREAS individuals who are taken into custody on warrants issuing from the Marana Municipal Court are held at the Pima County Adult Detention Center; and WHEREAS the Pima County Adult Detention Center has the staff and technology necessary for these prisoners to be seen via video-conferencing; and WHEREAS the Town of Marana and Pima County desire to enter into an agreement to pro- vide video-court hearings for Marana Municipal Court prisoners; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. That the intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap- proved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 16~' day of November, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -November 16, 2010 -Page 45 of 132 {00023787.DOC /} INTERGOVERNMENTALAGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT (IGA), is entered into pursuant to ARS § 11-952 (as amended) by and between: THE TOWN OF MARANA, a municipal corporation, (hereinafter sometimes referred to as the "Town°); and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the "County°). WHEREAS the Parties desire to enter into an agreement to provide video-court hearings for municipal prisoners; and WHEREAS the Town and County may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the provision of video-court hearings for municipal prisoners will be in the best interests of the Parties and the citizens of Pima County. NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: 1. The County of Pima's Sheriff's Department Corrections Bureau shall provide the Town of Marana's Municipal Court with a video court session between Marano Municipal Court (MMC) and the Pima County Adult Detention Center (PCADC). 2. PCADC will be responsible for pulling MMC's inmate tiles and preparing them for court, preparing their inmates for court, providing security in the courtroom, providing clerical support far court documentation and faxing required documentation back to MMC. 3. MMC shall fax PCADC's Records Unit appropriate documentation on each MMC defendant prior to the defendant leaving the video court session. 4. Each video court session will be held week days beginning a# 1200 hours. This session both Town and County agree that this schedule may be changed based on either party's need for mare video court time, or based on other factors that could require a different schedule. MMC shall complete the video court session no later than 1300 hours. Any hearing extending past 1300 hours shall be continued at a later date. 5. Town of Marano will pay far up to five hours of video court weekly which will cover the cost of one Corrections Officer for one hour per day for security. The current salary rate for these employees is: Corrections Officer (1 hour) $35.52 Total for five hours: $177.60 t3. "Town of Marana Prisoner" shall mean any person who has been incarcerated as a result of a Regular Council Meeting -November 16, 2070 -Page 46 of 132 charge pending in the Town of Marana Court, as a result of an agreement between the Town of Marana and another jurisdiction to allow the person to serve hislher sentence locally, or has been sentenced pursuant to an order of the Town of Marana Court and for whom the Town of Marana has the legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under current Arizona Law). A prisoner arrested by the Town of Marana Police Department solely on another governmental entity warrant is not a Town of Marana prisoner. 7. Criteria and Rules Governing Billing: a. A "billable video-court session° is defined as that period commencing at 1200 hours and ending at 1300 hours each weekday, or any fractional part thereof. b. Should a "billable video-court session° not occur in any given day, the Town of Marana will not be billed that day. c. The .Town of Marana will be billed monthly for these services. Invoicing for these services will be separate from the monthly incarceration billing invoice and must be paid separately. 8. Criteria for Assessment of Billing: a. The costs of a "billable video-court session° shall be based on the current rates of salary each involved class of employee currently earns. These rates are subject to increase as wages increase for the classification. b. County will give Town a thirty (30) day notice of any salary rate increase and Tawn will be billed accordingly. 9. County will submit a statement of Town of Marana video-court session charges on a monthly basis. This statement shall provide information in chronological order as follows: billing period, dates of video court sessions, weekly costs of individual employees, weekly totals, and the monthly total bill. Any individual video court session charge contested shall be made known to the County within 30 days after receipt of the monthly billing. If the Town notifies the County of a dispute within 30 days of receipt of the monthly billing, the Town may withhold payment on those speck video court sessions for which billing is disputed until the dispute has been resolved. No dispute will be accepted if not made within 30 days after the receipt on the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid within 30 days of resolution of the dispute. Charges remaining unresolved after the 60-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10~' day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when a check is sent. to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating. the dates for which that check is to be applied. Regular Council Meeting -November 16, 2010 -Page 47 of 132 10 This Agreement shall cover the time period from December 1, 2010 through and including November 30, 2011. This Agreement may be extended for four (4) additional one (1) year periods or any portion thereof. Any extension of this Agreement shall be by written amendment executed by the governing bodies of the parties. 11. Neither party shall be obliged to the other party for any costs incurred pursuant to this Agreement, except as herein provided. 12. Nothing in this Agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. 13. To the extent permitted by law, each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, employees and insurance carriers, individually and collectively from ail lasses, claims, suds, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for acts or omissions of such party, its agents, officials, and employees. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than One Million Dollars ($1,OOO,ooO) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars ($100,000). The parties may fulfill the obligations of this Article by programs of self-insurance equivalent in coverage. 14. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, § 12-1501 et. seq. to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of $50,000 or less, exclusive of interest and costs. 15. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufFcient monies for the purpose of maintaining this Agreement. In the event of such cancellation, County shall have na #urther obligation to the Town other than for services already provided. 16. Either party may, at any time and without cause, cancel this Agreement by providing ninety {90} days written notice of intent to cancel. 17. This Agreement is subject to cancellation for con#lict of interest pursuant to the provisions of ARS § 38-511. 18. Each party. to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the pertormance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, Hales, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 19. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, .color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99-4, which are incorporated into this agreement by Regular Council Meeting -November 16, 2010 -Page 48 of 132 ~ . k reference as if set forth in full. 20. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 21. This document constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment executed by the parties' governing bodies. SIGNED AND ATTESTED THIS DAY OF 2010, ATTEST: Town of Marano Clerk ATTEST: Clerk, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: Town of Marano Attorney TOWN OF MARANA, a municipal corporation Mayor PIMA COUNTY, a body politic Chair, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: Deputy my Attorney Legal authority: ARS § 11-201, ARS § 11-951 through 954, Regular Council Meeting -November 16, 2010 -Page 49 of 132 ,..,r'""""" 1~~~ "' r~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item C 6 From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: This agreement provides background technical information necessary to allow the Town to secure and store necessary water resources. Subject: Resolution No. 2010-110: Relating to Utilities; approving and authorizing the Mayor to execute a Joint Funding Agreement with the U.S. Department of the Interior U.S. Geological Survey to continue from October 1, 2010 through September 30, 2013 the study entitled Aquifer-Storage Change and Land-Surface Elevation Change Monitoring in the Tucson Active Management Area Discussion: The Town of Marana Utilities Department has been a partner with the United States Geological Survey (USGS) group in the study of land subsidence and aquifer storage projects in this region since 2003. The USGS evaluates multiple points within the Tucson and Avra Valley basin areas to track changes in aquifer storage and land surface elevations. Metropolitan Domestic Water Improvement District (Metro) has purchased the Avra Valley Recharge Facility. The towns of Marana and Oro Valley currently recharge water at the Lower Santa Cruz Recharge Facility. Both Metro and Oro Valley have completed studies which propose locations of recovery wells within one mile of the recharge facilities, all of which are located in Marana. Metro, Oro Valley and Flowing Wells Irrigation District are partners with Marana in the Northwest Partnership, which was formed to study appropriate delivery methods for Central Arizona Project (CAP) surface water. Studies regarding this issue are continuing at this time with The University of Arizona. The aquifer storage and land subsidence study being performed by the USGS directly relates to the Town's desire to ensure the placement of wells within the Town minimizes the effects on its aquifer and land surface area. The USGS anticipates the other partners in funding the land subsidence and aquifer storage project will be City of Tucson, Pima County, Oro Valley, Metro and the USGS for a total of $173,000 for a three year period. Regular Council Meeting -November 16, 2010 -Page 50 of 132 The Utilities Department recommends continuing to partner with the USGS to support these studies from October 1, 2010, to September 30, 2013. Financial Impact: The Utilities Department budget includes funding for studies to be completed for the purpose of using the Town's CAP allocation. A portion of these funds, totaling approximately $15,000 per year for three years, would be pledged for this study. ATTACHMENTS: Name: ~ RESO_USGS~ont fundin~a_gt (0002.3...863). DOC Description: Type: Resolution Reso Approving USGS Joint Funding Agt O 2..01.0 2013~oint fun..dng_agreement ,pdf Exh A to Reso: USGS Joint Funding Agreement Staff Recommendation: Exhibit The Utilities Department recommends adoption of the resolution to continue partnering with the USGS to fund the subsidence and aquifer storage study from October 1, 2010, to September 30, 2013. Commission Recommendation - if applicable: The Utilities Advisory Commission meets on November 9, 2010. This Joint Funding Agreement will be discussed at that meeting. Staff from the USGS have presented their findings to the Commission in the past with positive discussions and the desire to continue to move this project forward. Suggested Motion: I move to adopt Resolution No. 2010-110, approving and authorizing the Mayor to execute a Joint Funding Agreement with the USGS for the continuation of the land subsidence and aquifer storage study. Regular Council Meeting -November 16, 2010 -Page 51 of 132 MARANA RESOLUTION NO. 2010-110 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A JOINT FUNDING AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY TO CONTINUE FROM OCTOBER 1, 2010 THROUGHSEPTEMBER 30, 2013 THE STUDY ENTITLED AQUIFER-STORAGE CHANGE AND LAND-SURFACE ELEVATION CHANGE MONITORING IN THE TUCSON ACTIVE MANAGEMENT AREA WHEREAS the U.S. Geological Service, the Town of Marana, the City of Tucson, Pima County, the Town of Oro Valley, and Metropolitan Domestic Water Improvement District have since 2003 been jointly funding a study of changes in aquifer storage and land-surface elevation in the Tucson Active Management Area; and. WHEREAS the land subsidence and aquifer storage project provides information needed for the development of water resources and land planning. NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Joint Funding Agreement between the Town of Marana and the U.S. Department of the Interior U.S. Geological Survey attached as Exhibit A to and incorporated in this resolution by this reference is hereby approved, and the Mayor is hereby authorized to execute it on the Town's behalf. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16~' day of November 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -November 16, 2010 -Page 52 of 132 Paae 1 of 2 Form 9-1361 U,S. Department of the Interior eu~tomer*°' moss {oct.2oas) U.S. Geological Survey ~reeme"t*' 11W4A200500 Joint Fondling Agreement P`0}~ #' 96719EF rnv ~: s~33oins Fixed Cost ~, Yes ~ No Agreement FOR WATER RESOURCES INVESTIGATi© NS THiS AGREEMENT is entered into as of the 13th day of October, 2010, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the TOWN OF MARANA, party of thee. second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respec#ive authorities there shall be maintained in cooperation an investigation of aquifer storage. change and land subsidence in the Tucson Basin and Avra Valley as described in the attached workplan, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2, The following. amounts shall be contributed to cover aH of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of $a. by the party of the first part during the period (aj $45,000.00 October 1, 2010 to September 30, 2013 by the party of the second part during the period (b) $45,000.QO October 1, 201 Q to September 30, 2Q13 (c) Additional or reduced amounts by each party during the above period arsucceeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and. set forth in an exchange of°' letters between the parties. 3. The costs of this program may be paid by either party in conformity with the taws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or suf~}ect to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their au#horized representatives. The methods employed in the field and office shall be those adopted by the party of the firs# part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work ofi either party pertaining to this program shall be open to the inspection of the. other parry, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. Regular Council Meeting -November 16, 2010 -Page 53 of 132 Page 2 of 2 Form 9-1366 U.S. Department of the interior Customer #: continued U S. GeologicaF Survey ;4greemer>t #: Joint' Funding Agreement Project #; TIN M: azoss 1 t W4AZ005Ud 86T19EF 85-3301775 8. The maps, records, or reports resulting from this program shall be made available to the pufalic as promptly as possible. The maps, records, or reports normally wiEl lae published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and,. if already published by the party of the first part shall, upon request, be furnished by the party of the first ...part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, ar reports published by either party sha{I contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040}. Billing documents are to be rendered quarteNy. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General Fi{a- B-212222, August 23, 1983}. U.S. Geological Strfnrey Unlted States .Department of the interior USGS Pofnt'of Contact Town of Marano Customer Point of Contact Name: John P. Hoffmann Name: Dorothy O'Brien, Utilities Director Address: 520 N. Park Ave., Suite 221 Address: 5100 W. Ina Road Tucson, AZ $5719 Marano, AZ $5743 Telephone: 520-670-6671 x222 Telephone: .520-382-2570 Email: jphoffma~usgs.gov ErnaiL• dobrien~marana.com' Sigtitur i n ' ures ~ x * ,~,` By~,~€ ~ ~~ „~! ~~rr~` -°.~.m Date.-° ~,t .-, ~ ~ ,. ~, By Date Nark: ,~oht~ €~ H ~manp _ Name: Dorothy OBrien TiLi~: Director `W~ Title: Utilities Director Bye„ Name: Title: Date BY._--- Name: Title: Date By Date Name: Title; By Date Name: Title: Regular Council Meeting -November 16, 2010 -Page 54 of 132 Aquifer-Storage Change and Land•Surface Elevation Change Monitoring in the Tucson Active Management Area FY 2011-2013 Introduction The Tucson Active Management Area (AMA) encompasses most of the. Tucson Basin and Avra Valley within Pima County in southeastern Arizona and includes the metropolitan area of the City of Tucson and other incorporated towns and agricultural areas. Aquifer-storage change has been monitored by the U.S. Geological.Survey (USGS) within the Tucson AMA since 1996. The USES began a cooperative study with Metropolitan Domestic Water Improvement District and the town of Oro Valley in 1996 to monitor aquifer-storage change in the Lower Catiada del Oro subbasin. In 1998,.. the USGS began a cooperative study with the Arizona Department of Water Resources (ADWR), Pima County, and the City of Tucson to monitor land-surface elevation change and aquifer-storage change within a larger part of the Tucson AMA. In 2003, these two monitoring studies were combined, and the town of Marana joined the study. This proposal outlines a scope of work for continued and expanded monitoring of both. aquifer-storage change and land-surface elevation change in this larger area within the Tucson AMA. The AMA regulatory goal under the Arizona Groundwater Management Act of 1980 is to create. a balanced groundwater budget by the year 2025, whereby groundwater withdrawals equal recharge- both natural and artificial. In order to assess progress towards this goal, water managers require information about the primary groundwater budget components of inflow, outflow, and aquifer- storage change. Potable and non-potable water demand is being met with a combination of groundwater, blended groundwater and Colorado River Water, and treated effluent. As the hydrologic systems beneath the Tucson AMA respond to decreased pumping and increased artificial recharge, water managers will benefit from the additional and independent measure of aquifer-storage change provided by this program.. Aquifer-Storage Change Gravity methods offer an independent means to directly measure aquifer-storage change through.. measurement of local changes in the gravitational field of the Earth. Changes in the Earth's gravitational field at a location on the surface can be caused by mass change andlor a change in distance from the center of the Earth, such as 1) change in the amount of water stored in the subsurface, 2) mass change in magma and geothermal reservoirs,. 3) subsurface faulting, and 4) land surface elevation change. Fortunately, changes in groundwater storage and land-surface elevation change are the only likely causes of gravity change in the. Tucson AMA. As water is added ar removed from the aquifer, there is a change in mass and a corresponding measurable change in gravity. Since gravity also is affected by changes inland-surface elevation, monitoring of land-surface elevation change is essential for accurate measures of aquifer..-storage change. Regional hydrologic conditions are dominated by semiconfuied-and unconfined conditions. However, a range of hydrologic conditions occurs locally including confined, unconfined, perched, compressible, and combinations of each condition within multiple aquifer systems (Anderson and Regular Council Meeting -November 16, 2010 -Page 55 of 132 others, 1892). An understanding of observed gravity and' water-level relations will improve understanding of the hydrologic conditions under which these relations occur, and the information can be used to establish what waterlevel change represents in terms of storage change. An understanding of gravity andwater-level relations requires discussion of 1) the regional hydrogeology, 2) unsaturated zone and perched conditions chat contribute to gravity change, 3) effects of well construction on water levels, and 4) the one dimensional mass change assumptions used in the analysis to convert gravity change at the surface to water-storage change (Pool, 2008). Water levels in wells commonly are monitored to estimate aquifer-storage changes. However, use of water-level variations. often includes significant assumptions about the hydraulic propenies of the aquifer system. dne difficulty is the heterogeneity of hydrologic properties of the aquifer; the alluvial sediments of the aquifer vary in lithology and texture, both laterally and with depth. Thus, data from individual wells may not represent aquifer characteristics some distance away from the well. Aquifer characteristics can be determined at wells where water levels are monitored, but many long term and costly tests are required and values estimated from the tests are only applicable to the small volume of aquifer that was tested. Storage change estimated by using gravity measurements does .not require costly tests or assumptions regarding aquifer properties. As with estimates using water-level data, a few repeat gravity measurements at limited locations also would not be sufficient for an accurate estimation of aquifer-storage change; however, conducting repeat gravity surveys at a large network of benchmarks offers acost-effective and direct method to estimate total storage-change over a large portion of the AMA, including areas where data from wells are insufficient.. or absent.. Another consideration is monitor-well design; in the Tucson AMA, most water levels are measured'in deep wells that tap multiple aquifer layers, most of which are confined and have accordingly low storage propenies. Water levels in these deep wells are a composite of water levels from several aquifer units. When these composite water levels are used to estimate storage changes, the hydrologic properties used in the calculation may not reflect the range of aquifer materials over which the well is' screened. Owing to these complexities and requisite assumptions in using water-Ievel variations as the only indicators of storage change, understanding can be improved from the combination of repeat. gravity-and water-level observations. The combination of gravity and water level observations can be used to establish what the'water-level change represents in terms of storage change when gravity observation stations are collocated with.. monitor wells. Poor correlation of water-level .and measurable gravity change indicates the region near the well is a multiple aquifer system and the water Ievel in the well is a poor indicator of overall. storage change near the well. Positive correlation of water level and gravity change can be used to determine if the well penetrates a confined or unconfined aquifer and estimates of specific yield can be derived from the water-level.-.change. Monitoring of gravity and water levels in Tucson Basin has shown that large changes in groundwater storage, as much as several feet of water, have occurred that were not reflected in comparable water- level changes. Water levels following intense precipitation and infiltration, and associated gravity increases, either tend to rise slightly or to cease or slow their declines as gravity declines. These responses generally are manifested up to a year after the storage increase. The extents to which water levels are influenced by storage changes are directly related to the proximity of the well to the .recharge area. Closer proximity yields an earlier and more discernable water-level response (Pool anal Anderson, 2007). Water-level responses also depend on the geometry and lithology of the Regular Council Meeting -November 16,.2010 -Page 56 of 132 sedimentary layers in the aquifer system that wells sample. Often this nfarmation is incomplete or uncertain. With a combination of independent storage-change estimations from gravity methods and .water-level data, estimates of aquifer specific yield distribution can be improved. Land-Surface Elevation Change Land subsidence can occur in alluvial basins when water is removed from aquifer systems (Galloway and others, 1999). Aquifer systems in alluvial basins such. as those in the Tucson AMA are supported by the granular skeleton and the pore-fluid pressure. When groundwater is withdrawn and the gore- fluidpressure is reduced, the granular skeleton is compressed, causing some lowering of the land surface. Both the aquifers (sand and gravel) and aquitards (clay and silt) of aquifer systems are deformed as a result of changes to the pore-fluid. pressure and skeleton, but to different degrees. Most permanent subsidence occurs due to the irreversible compression of aquitards during the slow (years) process of aquitard drainage. Permanent subsidence, seasonal elastic deformation, and uplift have. been observed in Tucson Basin and Avra Valley. Rates of land subsidence in Tucson Basin in relation to water-level decline have been less. than 0.5 foot per 100'feet of water-level decline (Carruth and others, 2007). Comparison with the Eloy and Phoenix areas (greater than 1 foot per 100 feet of decline) suggests that land subsidence observed to date in the Tucson region has been largely elastic and recoverable. Aquifer compaction and land subsidence can be slowed or stopped, and in areas having appropriate geologic conditions, reversed to some extent by reducing groundwater withdrawals or through artificial recharge. The City of Tucson has increased delivery of Central Arizona Project (CAP) water through its recharge and recovery projects, while reducing pumping from its central well field. This has reduced water-level declines:. However, subsidence due to earlier (pre-CAP) groundwater withdrawal may continue for some time into the future and it may take some time before the benefits of recent. reductions in groundwater pumping can be observed. Continued monitoring of areas having. the greatest potential for subsidence will provide information that municipalities and resource managers can use in the development and implementation of subsidence prevention and mitigation strategies. Objectives The objectives-of this project are to monitor aquifer-storage change and landsurface elevation change within the Tucson AMA, Approach Aquifer-Storage Change Aquifer-storage change is monitored by measuring changes in gravity over time at a network of benchmarks (figure 1), As stated previously, gravity is affected by mass and distance; a change in mass or a change in elevation will-cause a change in gravity. Groundwater depletion is a mass change and land-surface elevation change is a distance change. By removing the effect of change in distance, ,changes in gravity are used to determine .changes in aquifer-storage. Regular Council Meeting -November 16, 2010 -Page 57 of 132 Temporal-gravity surveys are conducted across a significant part of the Tucson .AMA to detect local changes in the gravitational field of the Earth. The method. is readily applied to measurement of aquiferstorage change in the AMA because of the occurrence of significant variations in pore-space storage that result from groundwater withdrawal and periodic (non-continuous) focused recharge.. Two instruments are used at the network of benchmarks: the relative gravity meter and the absolute gravity meter. The relative meter is the primary instrument by which differences in gravity are monitored at stable monuments. Much as control benchmarks are used in conventional land surveying, repeated relative gravity surveys for groundwater storage monitoring should include. a reference station where gravity is known to vary little, or the absolute acceleration of gravitys monitored. The USGS owns and operates aMicro-g LaCoste A-10 field-portable absolute gravity meter, allowing for the establishment of these reference stations as needed. This is particularly valuable in a hydrologic context where a number of absolute stations may be located throughout'a basin, thereby serving to constrain aleast-squares adjustment of the network of gravity differences from. relative gravity surveys. Gravity surveys are conducted annually at the entire network of benchmarks (figure 1}. The network of benchmarks may be modified. andlor expanded in areas where more rapid storage change is occurring to improve resolution and to keep the project relevant to cooperators needs. These areas include parts of Avra Valley, Sahuarita, Martina, and the portion of Tucson over Tucson Water's central well field. Gravity measurements will increasingly be made using the A10 portable absolute gravimeter; this will allow foi• fewer relative gravity measurements, thus improving the efficiency of data collection. Land-Surface Elevation Change Land-surface elevation change is monitored at the same network of benchmarks (figure 1) throughout the Tucson AMA by measuring changes in land-surface elevation over time with the Global Positioning System (GPS}. GPS surveys also will be conducted annually but focused in that portion of the network that previous surveys have shown to be most active areas of land-surface elevation change. In addition,. the project will benefit from an in-kind contribution from the ADWR Interferometric Synthetic Aperture Radar (InSAR) program in the Tucson AMA. InSAR is a technique that utilizes interferometric processing to compare the amplitude and phase signals received during one pass of the satellite-based SAR platform over the AMA with the amplitude and phase. signals received during a second pass of the platform over the same area but at a different_time. Thee InSAR data will be used by ADWR to produce gland-surface deformation product over the same time period as the successive GPS surveys in the AMA. The GPS data will be used to compare with and constrain the InSAR deformation information. The annual InSAR product provides a much broader coverage of land-surface deformation information than could be feasibly obtained with GPS alone. Thus, land-surface elevation change monitoring costs are reduced by using a combination of GPS and InSAR technology. Fig. 1. Proposed network for aquifer-storage and subsidence monitoring in the Tucson AMA. Regular Council Meeting -November 16, 2010 -Page 58 of 132 Benefits Aquifer-storage monitoring Repeat gravity surveys are an efficient,. noninvasive means of measuring changes in the amount of groundwater in southwestern alluvial basins (fool and Anderson, 2007). Monitoring changes in groundwater storage in the Tucson AMA is a means to track progress toward the regulatory goal to maintain a balanced groundwater budget by the year 2025. Along with water-level data, an independent. and noninvasive means of long term aquifer-storage change monitoring will be of value as water-supply entities in eastern Pima County strive to meet demand and fully utilize renewable water resources. Value of the data sets will accrue as the City further implements aquifer storage and, recovery efforts by contributing to an increased' understanding of the aquifer systems in the AMA and how they will respond to future withdrawals. Water-level data. entail assumptions about aquifer and well properties; thus, monitoring gravity change as pumping decreases in the AMA provides a direct and independent way to measure attendant changes in the amount of water in the aquifer and determine if and when .aquifer recavery is occurring. This information in concert with other hydrogeologic data sets can be used to help mitigate land subsidence or aquifer storage losses in potential areas of concern. Aquifer-storage change is one of the three components of the groundwater budget. The other two are 'inflow to and outflow from the aquifer system. 'Measurement of aquifer-storage change and measures and estimates of outflow enable better estimation of recharge and development of a more reliable groundwater budget for the basins. Measures of aquifer-storage change increase the reliability and utility of groundwater flow and management models. Use of storage-change data to improve model calibration enables additional reduction in the uncertainty of model results. The improved understanding of the movement, distribution, volume, and availability of groundwater, to which storage monitoring contributes, enables more effective water management in the Tucson AMA. The results of aquifer-storage change monitoring in the Tucson AMA between 1998 and 2009 indicate that storage change and recharge can vary considerably from year to year. Although the overall storage change in the AM.A has been negative for the period of record, the rate of storage decrease has slowed and storage increases have been observed in Avra Valley near recharge projects and in the area of Tucson Water's central well field. Data also indicate that the majority of recharge to aquifers in the. AMA for an entire decade or more may occur following particularly heavy rainfall events. Gravity surveys in the Tucson AMA since 1998 have provided previously unavailable data quantifying recharge and storage changes. These data are being used to improve the understanding of the aquifer systems and to improve groundwater flow models that will be used in resource planning. Land-surface elevation change monitoring Subsidence rates increase when the stress threshold between elastic and inelastic compaction is exceeded (Carruth and others, 2007). Because it is not always possible to reliably estimate when the threshold might be exceeded in the Tucson AMA, infrastructure damage could occux. Some types of infrastructure are more sensitive to changes in land slope than other types. Sewer systems are largely gravity driven, and are designed and constructed at slopes of about 2 feet per 1,000 feet. Small slope changes can cause operational problems under some conditions. Accurate determination of the rates, amounts, and distribution of land subsidence, together with delineation of higher-risk areas, will provide data upon which mitigation and protection plans can be based. 5+. Regular Council Meeting -November 16, 2010 -Page 59 of 132 Differential. subsidence refers to the relatively large difference in the amount of subsidence that can occur over a relatively short distance, resulting in focused effects. For example, localized subsidence of as little as one-half inch can damage a highway overpass. Differential subsidence has the potential to separate pipe joints of sewer and water lines. This can lead to system disruptions and roadway damage,... similar to that which occurred beneath a section of Oracle Road several years ago. Extensional stress can increase the susceptibility of some types of storm-water pipe to fail under existing loads, particularly seamless, unrenfarced, and cast concrete. Also vulnerable are the concrete lining sections of engineered channels that rely on the integrity of expansion joints to prevent flood damage. Costs to address such infrastructure failures are high. Awareness of the distribution and magnitude of differential subsidence can help. to guide the design and implementation of maintenance and monitoring schedules, selection of monitoring methods, and the design and construction of future infrastructure. Groundwater withdrawal from. the City's central well field has been substantially decreased as CAP recharge and recovery projects reach frill capacity. However, subsidence in response to previous pumping is unlikely to end in the near future. Areas of subsidence will continue until aquifer systems reach pressure equilibrium and that can.: take many years. Observation of the timing and magnitude of aquifer responses will further improve the. understanding of land subsidence and of how the aquifer systems function. Monitoring data also will contribute to a better understanding of the responses of the aquifer systems to ongoing artificial recharge and withdrawals, and will provide additional insight for future plans for well-site selection, .recharge and recovery efforts, and water-management programs. Additionally, GPS monitoring data will continue to augment and serve as ground truth for satellite-based InSAR information to enable broad-scale assessments of regional subsidence in the 'Tucson Basin. Products l) Maps. of annual and 5-year aquifer-storage change and subsidence made publicly available on the web at http://az.water.usgs.gov/projects/azl62.html. 2) Annual oral presentation of findings at the Southern Arizona Water Users Association, and to cooperators, as desired. 3) Oral presentation of findings. at a national or international professional society meeting (such as AGU or GSA). 4} A USES Scientific Investigations Report. documenting land subsidence=.and aquifer-storage change in the Tucson,AMA from 2009-2012. Budget/Staffing Fixed-cost funding information for this project is provided in tables 1 and 2. Table 1 presents the schedule of work activities over the project life. Table 2 presents the summary of funding by agency. It is understood that all agency funds in future years are. subject to appropriation. Regular Council Meeting -November 16, 2010 -Page 60 of 132 New for 2011.2013 For the upcoming,project funding cycle, some project cooperators may have to reduce their level of funding for the project. due to budget. constraints. The USGS is prepared to increase the project funding match if funds are available to preserve the objectives of the project as much as possible; however, depending on the final level of funding available, the stated approach and workplan may have to be adjusted to avoid a budget shortfall. If this becomes necessary dozing the upcoming three- yearfunding cycle, discussions will be held with project cooperators to determine areas to scale back the monitoring. Table 1-Schedule of work activities. Work Tasks Year 1 Year 2 Year 3 1. GPS surveys (analysis combined with .ADWR InSAR data) ~°~ ~ ~~ .~z~. 2. Gravity surveys 3. Data post processing, analysis, and interpretation ~~ . -. ~ = ' 4.Oral Report to project cooperators 5. Oral Presentation at State/National professional meeting I 6. Project coordination and technical support . 7. Draft report-review, revision, and printing 8. Final storage change and subsidence report to cooperators ~,~. 7 Regular Council Meeting -November 16, 2010 -Page 61 of 132 Table 2-Summary of funding by agency. Agency Funding Match year 1 Year 2 Year 3 Total Share Tucson Water Matched 100% 34,000 34,000 34,000 102,000 Pima County Matched 100°!0 15,000 15,000 15,000 45,000 Marana Matched 100% 15,OOQ 15,000 15,000 45,000 Oro Valley Matched 100% 15,000 15,000 15,000 45,000 Metro Water Matched 100% 7,500 7,500 7,500 22,500 USGS Federal Matching Funds 86,500 .86,500 ' 86,500 259,500 Totals 173,000 173,000 173,000 519,000 References. Cited Anderson,... T.W., G.W. Freethey, and P. Tucci, 1992, Geohydrology and water resources of alluvial basins in south-central Arizona and adjacent states: U. S, Geological Survey, Professional Paper 1406 D Carruth, R., L., D. R. Pool, and C. E. Anderson,: 2007, Land subsidence and aquifer-system compaction in the Tucson Active Management Area, south-central Arizona, 19$7-2005: U. S, Geological Survey, Scientific Investigations Regan 2007-5190. Galloway, D.L., Jones, D.R., and Ingebritsen, S.E,, 1999, Land subsidence in the United States: U.~. Geological Survey Circular 1182, 175 p. Pool, D. R, 2008, The Utility of Gravity and Water-Level Monitoring at Alluvial Aquifer Wells in Southern Arizona: in GEOPHYSICS, VOL., 73, NO.6(Nnvember-December 2008), WA49-WA59. Pool, D.R., and Anderson, M. T., 2007, Ground-Water Storage Change and land Subsidence in Tucson Basin ..and Avra Valley, Southeastern Arizona, 1998-2002: U. S. Geological Survey, Water- Resources Investigations Report 07-5275. Regular Council Meeting -November 16, 2010 -Page 62 of 132 ;.,;{{ 1F, 5c : .K ~t ~t i 1 ~ y, \ ~4 ~.,r"`iC ~t~ \ ~ ~. ? r ~~ +k\ „ k ~'t~ ~ ~ 1 ~ i~~~~ 1k ~ ~ , ~ tom. • ~ "S ~t,~''~ '"k~O"..;~ 1• A ~~'ka.<.~ ~ ~ ~ ~ ~~t ~ ~ ,p; t ~; fit ,~, '~t~.,1.~~ti~ y. ` x ~ ~~C ., }~ 1 ~ i ~ ; ~ < s , ~ Ftt~~ ~C '.~ ~ 'ar~ ~ t.~'~, '~'fl ~ ~~ "; S e {'`~ l t t Y f,4j~t;, ~~''ti ~...~,, i.,"~~~~+F~ t ~ ti i~ ~.- t.. ~ ~ ,i _ 1k'* n ~ ~:Z.~~~k, 1~1.~ ~i ..mow' ` ~ ~.;y..,. .» tt^ .L.7 Ilil i' ...~ v _ s`""'~~ ~Fr~_,. ~} `~ f[~ \ Kf- -~ y f e C U tom- r,~ t! ,~. ~ v ~ ~ ~ ~ ~ c~ ~ ' ~r r: ~r~ r} v1 . `" tv..x `~ " ~ r` ~ ~ ~ c~ a. 1~.. .- _ t , L 1 ' ~,. i t,ti k~i ~~°~ ~~ ° ~ ~ ' r'- tf - ~ .1 lam,, ~ ., b h ., ~. y ! , s~, Y ' ,1 J _ ~ GTE 'V `'p c~Y:Mt .~,r~ ~„ ~ 7~ ~ ~ .: ~ .1 '~ ~ "' .. y ~ ~ y~` 7 r~ L .!' ~ -~'~ _. Re~~laa-~flunci!-Meeting-t~tcweii~tie~°I6.~~?Fa1tJ ~a~e63o~332 _.,_ _ _._ ~~t "' ~.~ *~ a±,,»; ~`'~..~.'`~1 "~~'~• REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 3, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Memh~r Patti Comerford, Council 1~4rmbcr Carol McGorray, Council Mcmhcr Jon Post, Council Memb~ r Roxanne Ziegler,Council 1~~1ember REGULAR COUNCIL I~~f1=;EYING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order ~~t 7:00 p.m. To~~ n Clerk Bronson called roll. All Council Members were present exec-pt Vice l~tapor Kai, ~~~ho was excused. There was a quorum present. PLEDGE OF ALLEGLANC'FiIVVOCATIUN MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGLNi~~~ Motion to approve n,orc~d by C'ounc•iI alernba;r McGorray, second by Council Member Comerford. Motioir carried u„ani,uo,r.cly. CALL TO THE PUBLIC Richard I)eBernardis spc~kc regarding the upcoming El Tour de Tucson and noted that they are still looking for riders. In spite of the economy, this may be the third largest El Tour in history. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan reported on a Special Olympics Bowling tournament he and Council Member Comerford attended; also a water summit at Oro Valley. Council Member Comerford also reported on the Special Olympics event. Mayor Honea noted that a member of the Marana community and a member of the Marana Affordable Housing Commission, passed away. He also reported on the upcoming events on November 13 and November 18 and 19 relating to the opening of the. Twin Peaks Interchange. Regular Council Meeting -November 16, 2010 -Page 64 of 132 November 3, 2010 Council Meeting Minutes MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No report. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. C 1: Resolution No. 2010-104: Relating to Community Development; approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2010-2011 Community Dc~~elopment Block Grant program C 2: Minutes of the October 12, 2010 special council meetin~~. October 19, 2010 joint study session and October 19, 2010 regular council meeti n ~~ LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Siaie Liquor Board regarding an Acquisition of Control change submitted William Ward ~la~k on behalf of Dove Mountain Grill, located at 12130 N. Dove Mountain ]3oule~ acd #194 Presented by Ms. Bronson. Motion to approve moved by Council Mei~rber .M11eCorruy, second by Council Member Clanagan. Motion carried r~nunimously. BOARDS, COMI~1ISSlONS AND COMMITTEES COUNCIL AC"hION A 1: PU BL1C HEARING: Ordinance No. 2010.11: Relating to Development; approving a rezoning creating the Marana Regional Landfill Specific Plan and approving a minor amendtncnt to the General Plan A 2: PUBLIC HEARING: Ordinance No. 2010.19: Relating to Development; approving and authorizing the Mayor to execute the Marana Regional Landfill Development Agreei~lent Items Al and A2 were taken concurrently and voted upon together at the direction of the Mayor. Kevin Kish presented a brief overview of the rezoning. Frank Cassidy made a few remarks regarding the development agreement, noting that Michael Racy was present to highlight any additional items during his presentation. Mr. Racy gave a brief presentation on behalf of the applicant, noting that this item had been before Council for consideration for several months. Mayor Honea opened the public hearing. Members of the public presenting speaker cards in opposition to the landfill but who did not speak were: Tracy Chamberlain, Albie Johnson, Brad DeSpain, Kelly Carney, Chad Carney, Bonnie O'Connor, Steve Blomquist, Don Alvarez, Lyn Alvarez, Regular Council Meeting -November 16, 2010 -Page 65 of 132 2 November 3, 2010 Council Meeting Minutes Cheryl Schultz, Jeff Schultz, Shari Kelly, Richard Fahrmeyer, Cathy Fahrmeyer, Gary Schaefer, Gloria Schaefer, Frank Triumph, John Travis-Triumph, Keith Winans, Eric Ramirez, Thomas V. Dempewolf, Cheryl Saenz, Helen Mellen, Dawn Read, Ernest Calabro, Charles Goddard, Nancy Miller, Christina Chan, Leff Lozinski, Melissa Lozinski, Eldora Hill, Ronnie Miller, Sandra Klentz, Doug Marshall, Goni Brydle, and Jens T. Hill. Tony Pedroza did not wish to speak, but submitted a speaker card in support of the landfill. Frank and Karen Salano submitted a speaker card, but did not speak. Speakers in opposition to the landfill were: Shawn Murphy, Elaine Ramirez, Terri Faust, Kris James, Jay Jones, Myra Jones, Phyllis M. Farenga, Dan Wicker, Tom Hill, Albert Lannon (handout), Athena Taylor, Mimi Battin (handout), Christopher Banks, Pak Chan, Roy Emrick, David Anway, Tanya Amva~, James Pethe, Pat McElroy, Charles Goddard, Jr., and Dan Rogers. Janice ~litich quoted a poem she had written. Her speaker card indicated opposition to the landfill. Speakers in favor of the landfill were: Annie Shellber•~, ,~nna Felix, erne Felix, Gerald Monson, Harold Thompson, Paul Sate, Catherine Warner, John I)eShetler, Rebecca Vorholzer, Matt Vorholzer, Fred Barnett, Carol Zimmerman, John Bair, Delbert Gallego, Rob Fehrmann, Steve Miklosi, 7'isha 1~'clix, Albert Delgado, Lisa Felix, David Morales. Ed Stolmaker, nn behalf of the i\1arana Chamber of Commerce, Linda Zupi and Jason Kai (handout). Mayor Honea asked for Council comme»ts. Each Cuunril ~~lcmber stated the reasoning behind their positions on the issues. Mayor l lunar then askc;d for a motion. Council Member Gonn>rford moved to appror~l~ Ordinance No. 2010.11 and Ordinance No. 2010.19, seconc! by C!„u,ri/ a7ember Cla,ru~an. Mayor Honea called for a roll call vote, noting that the a~ezonin~~ r~yuir~d a supennajority vote. Ms. Bronson called roll. The vote wns J-I ,i,~lll'Or, rvitlr Cnru,!•i1;11e,uber McGorray voting nay. Both motions carried. ITE~ZS t~OR DISCUSSIC)NIPOSSIBLEACTION D 1: Legisha t i vclIntergove nnnental Report: regarding all pending state and federal legislation and rcPot•t on rer~nt meetings of other legislative bodies EXECUTIVE SESS I UNS 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 (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 Regular Council Meeting.- November 16, 2010 -Page 66 of 132 3 November 3, 2010 Council Meeting Minutes 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 Motion to adjourn moved by Council Member Clanagan, secr>jrd bl' Council Member Posh Motion carried unanimously at 9:17p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct mi notes of the. Marana Town Council meeting held on November 3, 2010. I fin-ther ccrti.fy that a quoru~l~ was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -November 16, 2010 -Page 67 of 132 4 November 3, 2010 Council Meeting Minutes ~~~ ~~~~~ Yi}: ~Yi. KV iiN.W ~.'I~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item B 1 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-111: [Marana Town Council acting as the Fooodplain Management Board]: Relating to Floodplain Management; request for a variance to Title 21, Floodplain and Erosion Hazard Management Code, for property located at 6046 W. Quail Nest Place Discussion: A request has been made by Mr. Dennis Shannon, 6046 W. Quail Nest Place, seeking a variance from Title 21 ("Flood Plain and Erosion Hazard Management Code") of the Land Development Code. Mr. Shannon seeks to construct a custom home with a finished floor less than required by Title 21. The property is located in a FEMA shaded zone X floodplain. While this floodplain does not have an elevation requirement per FEMA, Title 21 requires that residences in FEMA shaded zone X that are part of the Tortolita Alluvial Fan be required to construct their finished floor elevation a minimum of 18 inches above highest adjacent natural grade. The basis of Mr. Shannon's variance request is that, in the future, the new flood insurance rate maps (FIRMS) will remove his property from FEMA shaded zone X, at which point the property will be in FEMA zone X (unshaded). This is based on the CMG drainage study and is reflected in the preliminary FIRM. Mr. Shannon has engaged Stanley Engineering to perform a drainage study of the hazards of the property. The Stanley study identified water surface elevations for the adjacent wash but there is not a cross section at the actual residence site.. By interpolating the cross sections from the Stanley report, a water surface hazard of 2560.04 feet exists near the residence. By adding the state statutory 1 foot of freeboard, a finished floor elevation of 2561..04 feet would be warranted. The Stanley report, however, does not perform this analysis and instead recommends a finished floor elevation of 6 inches above highest adjacent natural grade, or 2560.50 feet, which is the elevation to which Mr. Shannon is requesting to build. The basis of the requirements in Title 21 for FEMA shaded zone. X floodplain is that the alluvial fan is an unpredictable flood hazard where the shaded areas represent flooding less than the FEMA requirement of 1 foot but may be in the order of 6 inches of sheet flooding. Title 21 takes this 6 inch hazard and adds the state statutory 1 foot of freeboard requirement to arrive at the 18 inches above highest adjacent natural grade requirement. Based on the property's contours, Town Regular Council Meeting -November 16, 2010 -Page 68 of 132 staff have calculated that the required finished floor elevation should be 2561.50 feet. FEMA and the Town have strict guidelines on the granting of variances. Variances should a) be the minimum relief necessary (21.06.O1.1.E) and b) remove only exceptional hardship (21.06.01.1.F.2). It is staffs professional opinion that the variance would not be the minimum relief necessary in that the property could be constructed per Title 21 requirements or the construction could be deferred until the maps no longer require the 18 inches of elevation. It is also staff s professional opinion that the earthwork required to achieve compliance is not an exceptional hardship. The earthwork could be mitigated by repositioning the house to take better advantage of the lay of the land. The difference in elevation between the requested variance and code compliance is approximately 1 foot. The cost of this increase in earthwork is not exceptional when compared to custom lot homesite construction. If the Town Council decides to approve the request, staff has included a resolution with the appropriate conditions as an option. Financial Impact: None ATTACHMENTS: Name: ^ Resolution -Shannon denial.doc ^ ..R. esolution_Shannon approyal.,doc ^ Applican_t letter,pdf ^ L.etter of~roposed finished floor ^ Shanno..n_Residence~lansjl.pdf Description: Type: Resolution -denial Resolution Resolution -approval Resolution Applicant's letter Backup Material ~leyation.pdf Proposed Finished Floor Backup Material Site Plan Backup Material Staff Recommendation: Staff recommends denial of the requested variance. Suggested Motion: OPTION 1: I move to adopt Resolution No. 2010-111, denying the requested variance. OPTION 2: I move to adopt Resolution No. 2010-111, approving the requested variance with the recommended conditions provided. Regular Council Meeting -November 16, 2010 -Page 69 of 132 MARANA RESOLUTION N0.2010-111 RELATING TO FLOOD PLAIN MANAGEMENT; DENYING A VARIANCE TO TITLE 21, FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE, FOR PROPERTY LOCATED AT 6046 W. QUAIL NEST PLACE WHEREAS, Dennis Shannon is the owner of a property located at 6046 W. Quail Nest Place, Marana, Arizona, and located within the designated Federal Emergency Management Agency (FEMA) designated floodplain; and WHEREAS, the property owner's capability to construct a custom home on the property located at 6046 W. Quail Nest Place, Marana, Arizona, is diminished due to the fact that property is within a locally regulated floodplain (Zone X-Shaded) and must be elevated 18" to comply with the Marana Title 21 Land Development Code; and WHEREAS, on November 3, 2010 Mr. Shannon appealed the decision of the Town Floodplain Administrator and requested a variance to permit the construction of the custom home in the Zone X-Shaded flood zone; and WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant to Title 21 of the Marana Land Development Code, Floodplain and Erosion Hazard Management Code, is empowered to grant variances, provided all variance actions must be reported in a biennial report to FEMA. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, acting as the Floodplain Management Board, that the property located at 6046 W. Quail Nest Place, Marana, Arizona, is denied a variance from section 21.05.04 of the Marana Land Development Code prohibiting construction not elevated 18" above highest adjacent grade. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA ACTING AS THE FLOODPLAIN MANAGEMENT BOARD OF THE TOWN OF MARANA, ARIZONA, this 16~' day of November, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -November 16, 2010 -Page 70 of 132 MARANA RESOLUTION N0.2010-111 RELATING TO FLOOD PLAIN MANAGEMENT; GRANTING A VARIANCE TO TITLE 21, FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE, FOR PROPERTY LOCATED AT 6046 W. QUAIL NEST PLACE. WHEREAS, Dennis Shannon is the owner of a property located at 6046 W. Quail Nest Place, Marana, Arizona, and located within the designated Federal Emergency Management Agency (FEMA) designated special flood hazard area; and WHEREAS, the property owner's ability to construct a custom home on the property located at 6046 W. Quail Nest Place, Marana, Arizona, is diminished due to the fact that property is within a locally regulated Foodplain (Zone X-Shaded) and must be elevated 18" to comply with Title 21 of the Marana Land Development Code; and WHEREAS, on November 3, 2010, Mr. Shannon appealed the decision of the Town Floodplain Administrator and requested a variance to permit the construction of the custom home in the Zone X flood zone; and WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant to the Marana Land Development Code Title 21, Floodplain and Erosion Hazard Management Regulations, is empowered to grant variances, provided all variance actions must be reported in a biennial report to FEMA. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, acting as the Floodplain Management Board, that the property located at 6046 W. Quail Nest Place, Marana, Arizona, is hereby granted a variance from section 21.05.04.J.5 of the Marana Development Code prohibiting construction not elevated 18" above highest adjacent grade. 1. The variance granted is for a single family home of approximately 3993 sq. ft. 2. All construction shall comply with all other aspects of Title 21, including but not limited to access requirements/covenants, and erosion hazard requirements. 3. Applicant shall sign a covenant indemnifying and holding the Town of Marana and its agents harmless in the event of flooding. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA ACTING AS THE FLOODPLAIN MANAGEMENT BOARD OF THE TOWN OF MARANA, ARIZONA, this 16~' day of November, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regular~CoulrYcil Mee~g~ No~er7iber~l6, 2010e Page 71 of 132 Frank Cassidy, Town Attorney ~I~1ovetnher 1, 20I (~ Tawn of IV~arana 1 I~55 ~~.Civic Ger~ter ~ri~e ,I~/farana, Ariraz~ta I~5653 Attention: Keith Braun --- fI`awn in~ineer ..'object: 6046 W.C~uail lest 'lace - I:.ot I ~ - Uardetrt Estates at Tortalita I?reserve Pa~~cel Nrtznber -- ~ l 8442800 'This lette~• is to req>,.test an audience with. the Tawn Council at their meeting scheduled foi: Nov~t~nber i~, 2'OIO. It is our intention te> request a varian~;e tca the rl`itle Z l -15 Load Plain and ~i°osian ~ lazard Ma~~a~c~ment ~vdc~ urit~er Title 21_.~}G.C~I .lE f"oa• the subject prape~°ty. }~. I A showing af~ ~c~ad and suf#~~~cient cause: .:This propert}r is currently in an area cartsidcred to be x00 which r~:quires that the finished floor ~levatiart be 18 incl~cs above the highest acljacer~t ;natural grade. It is dully axpec:~ted that the prop+~rty ~,~ill be re-designated to Tone ~ in June of ?Ol l which ~,vill allow the flao~° elevation ~ be as requested in the atl:ached drainage repa~~t ley Mr. Jet'f ~ta~~ley, of Sta~aley Engineerin4.~ and l~rainagc, lnc. ~3y tl~e tiY~c tl~~is project is can~pleted ~d o~;cu~ied, the reEluirements ol`Tane h50{) will lie olasale;ttr artcf the re:quire~ncnts old .T_,t~z~e x will be in eifi'ect. 'ale are requesti~~g iz~~this variance that the project be allowed to praceecl under the requirements al' Tone x. Regular Council Meeting -November 16, 2010 -Page 72 of 132 I=i.2 A det~r~nir~a~iarl that fail~~~~e is ~~-~~~t the flaad~~ai>~ ~~a~°iaz~ae wauld 1~csult in exceptianal hay°dshil~ to the applicant. I~.aisi~n~; the finished f7~ar elevation will ~ivc the unnatural appea~:ance that thc~ home was placed on a tx~auxid of dint which i5 unacceptable to my wife and I, as well as to the Ar~;hiteetural ~cview Conz~nittee afthe Hoineawr~ers Assaciatian. ~~trthennare, the added expense of impat-ting tl~e am-aunt of fill dirt that will be t~e;qurc~d to accomplish this chaa~~e in ele~ratan cauld dri~re the cost of this pra~ject tc~ a paint where it is impractical to pracced. F.3 Mot applicable to this project. 11.4 A determination that the granting al°a floadplain variance will nat result in increased ~~Iaar heights, additianal threats to public safety, extraordit~aly ptrhlic ekpense, create nuisances, cause fraud a~~for victimization of the p~~blic az• co~~f~iict with existing; lacal Taws ar ordinances. ~iranting afthi~ variance wi(1 not in airy way affect any of the cancerr~s listed above. Yoctr assistance in this r~~atter is appreciated, and please advise ifyau regraire any additianal informafi~c~n. Der~nts S~hannan l ~ ~~~? l'~. C'actus IZ.ase C)ro galley, Arizona 8577 (52(}) 297-9525 Regular Council Meeting -November 16, 2010 -Page 73 of 132 ~~_ n STANLEY ENGINEERING & DRAINAGE, INC. P.O. Box 1888 Tucson, Arizona. 85702 Telephone {520) 390-7920 Fax (520) 6240993 September I4, 2010 Keith Brarm, P.E., CFM Town Engineer Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Attn: Glenn Phillips Engineering Technician Re: Shannon Residence -Garden Estates Amended (60/43) Lot 12 Finished Floor Elevation Dear Keith and Glenn: The purpose of this letter is to addre~ the proposed finished floor elevation (F"FE) at the referenced lot. The FFE was initially ~ in an approved drainage report titled Estates at Tortolita Preserve (the project was renamed as Garden Estates Amended). It has since been discovered that tt>~ FFE for Lot 12 was at an elevation that is higher than is necessary for this property. Contained herewith is information that revises the FFE. O~ reason that the FFE was higher was that the site was originally within a FEMA Zone AO (depth 1', velocity S fps). With the adoption of the latest FEMA FIRM panels (#1055) the site is now within a FEMA Zone X {see, attached). As a result the FFE simply needs to be above adja~t floodwater depths as detetmined by a Manning's analysis. Results of the att~hed Manning's analysis, which was based on peak discharges from the approved relwrt, indicate that the proposed home site is outside of the local flood prone area. Consequently, the FFE does not have any restrictions. FIowever, we recommend that the FFE is a minimum of ona-half foot above the highest adjacent graa~ce. _ , Sincerely, Jeffrey A. Stanley, P.E. President Regular Council Meeting -November 16, 2010 -Page 74 of 132 1a2~3 JE;"rFEY A. S t ~:v ~ EY d t `~ t~ACPfi~t3 ~ 3U-ZQto =~ E q~ 4 t - N j a) .. r O u) f~ e 61 i4 i d O N 9 O z ( ~ ~. a ~~ ~ ~~ ~ r~ -- ~ q . -- a = ~~~ ~. ~ ,~ ~ _ ~. .-,~ g ~ ~~ ~ ,_ . ~,. ~ ~ ~ _~ ~ ~~ ! ~ ~ ~ ,. _~ .,» ~ ~~~ w . ~~ ~ ,. ~.~ ~~ ~ ~-~~ ~ ~~ ~ ~~~ ~ ~ ~;~ ~ w ~ ~a ~~ ~5~~ ~ ~~ ,~~ , ~„ '~ ~, " ~i S ~ ,< ~y ~ . .,+~ ~~ ,:x~e ~\ ~ ' ~ ~ ,. f ,r ~ s ,,,. ~ r ^° ~' n + x ~ `w.- r R E, w; _. 't, x~'~ F^ `~ ' $ r 4~ < a~ '._ a ~ . , z l~+» ~.'_.~ . ~ :~.48§I w __ ,w c~ ~P "m,' l ' ~b $..~ ,,.. t'~~ ..,..~ 3 ,~`, ~^ Fn Y ~' 'r° S-y'i"%'~s:3 "~",F ~;"9 ~R .._ _> . , ~ ? ... , r _ I ~i`o,' iJ ~E ii _.. `~~ .. _.. ,jM`v ~~~T Regular Council Meeting -November 16, 2010 -Page 76 of 132 PROD: GARDEN ESTATES AMENDED LOT 12 DETAIL: Manning's Rating fw Irregular Seedon Section: 1 Sobibn i5 far Mmrrrg's Equaflorl for aaCll eac9an segnrt eSlclows O=VA= 1.49RM213S"12 A n CNaleflan of a~9e b for en asaulled rwtara~afaoe abvaflon (~L) ~0~ ~Pe (SLOPE). Number of PaNMs in Secfan = 10.00 ASSUMED WSEL= 2561.53 SLOPE= 0.0250 POINT STATION ELEN X STATION ELEV tf A WP Rh V D T Q S IFT) (Fr) vNUe tFTI {FT) robe (a4F70 (teatl (feet) ttOsecl (1eeU (7eeq (dsl t 0 2562 0.06 0 2562 ~ - ~ - _ . 2 33 2581.6 0.06 33 2561,5 0.08 OA4 222 0.02 026 Q03 2.2 OA 3 10 256725 0.06 40 256125 0.06 1.17 7m 0.16 1.15 a28 7.0 1.3 a 50 2567.25 D.as 5o z56125 0.06 2a4 tooo o2a t~ 0.28 to.o a.e 5 65 2561 0.06 65 256t 0.06 6.13 15.00 0.41 218 0.53 75.0 132 8 70 2560.75 0.06 70 2560.75 OAB 3.29 5A7 0.66 2.96 0.7d 5.0 9.8 7 T5 25.75 0.04 75 2560.75 0.04 3.92 5.00 O.7a 4.99 0.78 5.0 79.6 8 80 2581.5 0.06 80 2567.5 0.06 2A4 5.06 0.40 2.41 0.78 5.0 4.4 9 710 2567.85 a06 110 2561.85 0.06 0.05 2.8a 0.02 026 0.03 29 O.0 10 145 2582 0.06 145 2562 OD6 0.00 0.00 0.00 O.OD Om OD 0.0 745 258'2 0.06 t15 2562 0.06 Q00 0.00 0.00 0.00 0.00 0.0 0.0 145 2562 0.06 145 2552 0.06 0.00 O.DO 0.00 0.00 0.00 0.0 QO 145 2551 0.06 145 2552 0.06 O.OD 0.00 Om 0.00 0.00 0.0 0.0 145 2562 0.06 145 2562 0.06 Om 0.00 Om 0.00 0.00 0.0 0.0 145 2551 D.06 145 2552 OAB 0.00 Q00 0.00 0.00 Q00 0.0 0.0 145 2582 0.06 145 2552 0.06 Om O.OD 0.00 Om Om OA 0.0 145 2552 OAB 145 2551 0.06 0.00 0.00 0.00 Om 0.0D OA 0.0 745 2582 0.06 145 256'1 0.06 Q00 0.00 Om QOD 0.00 OA 0.0 145 2562 0.06 145 2552 a06 O.OD 0.00 Om Om 0.00 0.0 0.0 145 2562 0.06 145 2562 D.06 a00 0.00 0.00 Om D.OD 0.0 0.0 145 2562 0.06 145 2551 0.06 D.00 Om Dm 0.00 0.00 0.0 0.0 145 2552 0.06 145 2552 0.06 0.00 0.00 0.00 0.00 0.00 4.0 0.0 145 2551 0.06 145 2562 0.06 0.00 0.00 Q00 0.00 Q00 OA O.0 145 2562 0.06 t45 2662 0.0B O.OD 0.00 Om 0.00 0.00 OA 0.0 t45 2562 oA6 t45 2552 0.06 D.ao aoD oAD ooD oao ao oo 745 2562 o.4s t4s x551 oos am oao ooo oDO om oD o.D 745 2552 o.os 745 2562 o.a6 aoo 0.40 ooD ooo aao D.o oo 145 2562 0.06 745 .2552 o.as om o.ao oAO ooo aoo oo ao 745 2562 0.46 745 2582 D.a6 Om om ooo ooo 0.40 0.0 0.0 145 2562 0.06 745 2582 ODB aoo 0.00 OAO 0.00 0.00 0.0 0.0 t4s 2562 0.06 745 z551 oa D.oD o.oo om o.oo om oD oo 145 2582 0.06 145 2551 0.06 0.00 0.00 Om Q00 0.0D OA 0.0 145 2562 0.06 145 2562 0.06 Om 0.00 0.00 O.OD 0.00 OA 0.0 145 256'1 0.06 145 .2562 0.06 Om 0.00 0.00 0.00 O.OD OA 0.0 145 2562 0.06 145 2552 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 145 2962 0.06 145 2551 0.06 Q00 0.00 Om 0.40 Om 0.0 0.0 145 2562 OA6 145 2551 0.06 Om Om 0.00 0.00 0.00 0.0 0.0 145 2562 0.06 145 2582 0.06 ~ Om Om 0.00 Om 0.00 4.0 0.0 145 2562 OAB 145 2551 0.06 0.00 QDO QOD 0.0D 0.00 OD 0.0 145 2562 OD6 145 2552 0.06 ODO Q00 0.00 0.00 0.00 OA 0.0 745 2562 0.06 145 2551 0.06 a00 0.40 0.00 0.00 0.00 0.0 0.0 145 2562 0.06 145 2562 0.06 0.00 Om Om 0.00 Om OA 0.0 745 2551 oas t45 z56z o.os aoD ow a4o D.w aaD oo o.o 745 z5sz D.o6 745 z562 0.06 aoo om ooo o.aD o.a4 0.0 0.0 745 a562 o.as 745 zSBZ oAB oao om om ooo oao oo o.o 745 z56z o.06 745 2551 DA6 4m om ooo o.DO o.40 0.0 0.0 745 z56z 0.06 745 2651 0.06 aoo aao om ooo Dm oo oo 145 2651 0.06 145 2551 0.06 0.00 Om Om O.OD O.OD 0.0 OD 145 2562 0.06 145' 2551 OA6 0.00 Om O.OD O.OD QOD 0.0 0.0 745 2562 0.06 Q00 0.00 Om 0.00 Q00 0.0 0.0 145 2562 DDB 0.00 Om 0.00 0.00 O.OD 0.0 0.0 145 2562 0.06 0.00 0.00 O.00 O.OD 0.40 0.0 O.D 145 2562 OA6 Q00 0.00 0.00 0.00 0.00 0.0 0.0 145 2562 0.06 0.00 Om 0.00 Om Q00 0.0 0.0 145 2562 0.06 0.00 0.00 0.00 O.OD Om 0.0 0.0 146 2582 0.06 0.00 0.00 O.OD 0.00 0.00 0.0 0.0 145 2551 0.06 0.00 Om 0.00 QOD O.OD OA 0.0 145 2562 0.06 Q00 Om 0.00 0.00 Q00 0.0 0.0 14s z562 oAS aao oao oao aoo o.ao oo o.o f4s 2551 aoe om om oao aoo om oo oo TOTAL SEGTtON VAUIES ~ 19x2 5217 0.37 273 52.1 S3 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2D 21 22 23 24 z5 26 a7 za zs 30 31 32 33 34 36 37 38 39 40 41 42 43 4a 45 47 48 49 50 61 52 53 54 55 56 57 58 59 w Legend: X = Membga roughness toefflcierd A= flow area WP= wettetlpetfineter Rh = hydratfc raAUs V® fiowvabcfly D = flow de~fl T = top~Mdlh O = alsdrelgiB NOTES: SegmerhOahoMnistarseynetbetwaenindr~aGPoiManGPreMwspoM 'rotor Sectlon vabe far V (vebtityy is arersge farelAMe sedian Regular Council Meeting -November 16, 2010 -Page 77 of 132 ~. ~; -, . °. g ~ ~, .~ TM ~~ `r N M O r m m a ~. 0 ~:~ o N N d N O Z tee"" C N ~= Kam? ~~ F sw {~ a«r3 4~s 43 U C 7 N PROJ: GARDEN ESTATES AMENDED LOT 12 DETAIL: Menning's Rating for kregular SeMion Section: 2 SWNan K tar tAataing's Equaficntar eaM Section segment asfotiors; O=VA= 1.49RM2l35^12 A n OaIcValion a d~roe is Tor sn asaane0 vskr surtece ekweton (VYSEI.) arggivan slope (SLOPE): Number a Pairrffi in Section = 6.00 POINT STATION t3EV X STATION EIEV T' A YMP n /Fr) tPTt r~ tFTI 1FT) veLe tsa m cfxn M reen V wbx) . ASSUMED WSEI= SLOPE= D T ttrx0 tree) 56.9.5 0.0550 O tcfs) /2 1 0 2558 0.06 0 255E - - 2 10 2556 DA6D 10 2556 0.06 224 4.82 a46 3.48 095 43 7.8 11 3 13 2556 OA40 13 2556 0.04 284 3.OD 095 8.39 096 3.0 23.8 67 4 30 255725 0.06 30 2557.25 0.06 6A8 12.90 0.47 3.52 0.95 129 21.4 12 5 45 2557.4 0.08 45 2557.4 OA6 OAO 0.00 0.00 0.00 OAO D.0 0.0 0 6 65 2558 0.06 65 2568 OA6 OAO 0.00 0.00 0.00 0.00 0.0 0.0 0 85 2558 0.06 ~ 2566 0.06 0.00 O.QO 0.00 0.0D 0.00 a0 0.0 0 ti5 ?558 O.DB 65 2568 OA6 0.00 OAO 0.00 O.00 0.00 a0 0.0 0 s5 2556 o.a6 ~ x566 o.as oAO D.oo o.DD o.oo om ao D.o 0 65 2558 0.06 65 256E 0.06 0.00 0.00 O.OD Q00 OAO 0.0 O.0 0 65 2558 0.06 65 2558 0.06 0.00 0.00 a00 0.00 D.00 a0 0.0 0 65 2558 0.06 65 2558 0.06 0.00 0.00 0.00 OAO 0.00 0.0 0.0 0 65 2558 0.06 65 2558 0.06 0.00 0.00 D.00 0.00 0.00 a0 0.0 0 65 2556 0.06 65 2358 0.06 0.00 0.00 a00 OAO 0.00 0.0 0.0 0 65 2556 0.06 65 2558 OA6 OAO OAD OAO 0.00 O.OD 0.0 O.D 0 65 2558 0.06 65 2568 OA6 0.00 0.00 0.00 OAD 0.00 0.0 0.0 0 s5 255E o.ofi 65 2558 oos ooo o.DO oAO D.oD aoo oo o.0 0 65 2558 0.06 65 2558 0.06 0.00 0.00 OAD 0.04 O.OD 0.0 0.0 0 65 2558 0.06 65 2568 0.06 0.00 0.00 0.00 O.OD OAO 0.0 0.0 0 ss 2556 o.as ~ 255a oafi D.00 0.00 0.00 o.DD ooo ao o.0 0 66 255E o.06 ~ 2558 D.o6 aoo ooo o.oD D.00 0.00 0.o ao 0 65 2558 o.ofi 6Ei z55a oos o.DO ooD oAO oA0 oAO o.o o.0 0 s5 255E o.a6 ~ 255E oa6 o.DD aao ooo aAO D,oo oo o.0 0 _ 6b 2558 0.08 ~ 2558 0,06 0.00 0.00 0.00 OAD 0.00 0.0 O.D 0 65 2558 0.06 ~ 2558 0.06 0.00 0.00 0.00 O.OD 0.00 0.0 0.0 0 65 2558 0.06 65 2558 a06 0.00 0.00 0.00 OAO OAO 0.0 QO 0 65 2558 0.06 &(i 2558 0.06 0.00 0.00 0.00 0.00 0.00 OA 0.0 0 65 2558 0.06 65 2558 0.06 OAO O.OD 0.00 O.OD O.DO 0.0 0.0 0 ~ 2558 0.06 65 2568 0.06 0.00 0.0(1 a00 OAO 0.00 0.0 0.0 0 65 2558 0.06 li5 x;SE 0.06 0.00 0.00 0.00 0.00 0.00 a0 0.0 0 E5 2558 0.06 65 2558 0.06 0.06 0.00 0.00 OAO a00 QO 0.0 0 65 2558 0.06 65 2568 0.06 OAD 0.00 a00 0.00 0.00 a0 a0 0 s5 2656 oos ~ 255E oafi a.ao aoo D.oo oao oAO ao o.0 0 fis 255E o.os fis 2558 oAfi oao ooo ooo oAO aAO ao o.0 0 65 2558 o.os ~ x556 o.afi o.oo D.w ooo oAO o.OD ao ao 0 85 2556 0.06 65 2558 OA6 0.00 0.00 0.00 OAO O.DO 0.0 0.0 0 65 2558 OA6 65 2558 0.06 0.00 0.00 0.00 0.00 OAO a0 0.0 0 65 2558 0.06 65 2558 0.06 OAO 0.00 0.00 OAO OAO 0.0 0.0 0 6b 2558 0.06 65 256E 0.06 Q00 0.00 0.00 OAO OAO OA 0.0 0 s5 255e o.os ~ 2s5E oA6 oAO o_ao oao oao aoD oA ao 0 65 255E o.06 ~ 2558 o.DS o.00 o.DO o.DO o.m oA0 aD o.D 0 65 2558 0.06 65 2558 p.06 0.00 0.00 OAO 0.00 0.00 a0 0.0 0 65 2558 0.06 ~ 2558 0.06 OAO 0.00 a00 OAO O.OD a0 0.0 0 65 2556 0.06 65 2558 0.08 9.OD 0.00 OAD OAO DAO 0.0 0.0 0 65 2558 0.06 65 2558 0.06 OAO 0.00 OAO OAO 0.00 0.0 0.0 0 65 2558 0.06 65 2558 0.06 0.00 0.00 OAO 0.00 0.00 0.0 0.0 0 s5 2556 o.os ~ 2558 oa6 aoo DAO oao D.aD aoD o.o o_0 0 ss 256a o.06 65 255E D.o6 0.00 oAD o.DO om o.DO oA o_0 0 ss 2558 o.as ~ 2556 0.06 D.oo oA0 0.00 oAO DAO ao ao 0 ~ 2558 D.o6 o.DO o.DO oA0 0.00 0.00 0.o ao 0 s5 2558 o.as o.oo o.DO o.DD ooD ooo a.o o.0 0 Bs 2556 0.06 0.00 0.00 0.00 0.00 oao oA o.o D 65 2558 0.06 0.00 OAO 0.00 0.00 0.00 0.0 0.0 0 85 2556 0.06 OAO 0.00 0.00 OAO 0.00 OA 0.0 0 65 2568 0.06 O.OD 0.00 0.00 OAD 0.00 0.0 a0 0 65 2558 0.06 O.OD 0.00 0.00 O.OD 0.00 0.D a0 0 65 2558 0.06 0.00 0.00 0.00 0.00 0.00 DA QO 0 65 2558 0.06 0.00 0.00 O.OD 0.00 0.00 OA 0.0 0 65 2558 0.06 0.00 0.00 0.00 OAO O.W 0.0 0.0 0 65 2558 OA6 O.OD DAO O.OD 0.00 0.00 0.0 0.0 0 TOTAL SECTION YALUfO; = 11.16 20.72 0.34 4.73 20.8 33 ~: Y f' = MaMng's rallg•YIB65 COefrlCielR A= lbw area VdP = wetkd perimeter Rh= hydrauicre6us V = flaw velocity D= fbwtleptll T = lopwttllh ~= aFsdrarge NOTES: SegtbnlOsho4nlSforsegrrrerRbataKenVaficetetlpohSenopreviouspdM 'Total' Section valuator V (v111oa1y) Is uver'ege far erir Nrre section 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ti 78 1s 2D z1 z2 z3 24 25 26 27 28 29 30 31 32 33 3a 35 36 37 38 39 40 41 42 43 44 45 46 47 48 4s 50 s1 52 53 54 55 56 57 58 59 60 Regular Council Meeting -November 16, 2010 -Page 79 of 132 E. ~.... x € ~ i ''~ E 3 I _._. L"~ I. W ~ ,. ~ j . ~ _ - ~ ,.. ~~; ~ . _ ~ 9~ "`t .. a N M O O W N (6 d ti^^ O O N N Q N O Z -"_ _ _ __... .. .- - C w N ~1 } ("b aM Y Q~~i ~} N ~~ €6' ~'~ ~"a ~, ~Y1 v ~~ C~ cy. C~} o U rn a~ PROD; GARDEN ESTATES AMENDED LOT 12 DETAIL: Monolog's Rating for hraguler Saetbn Section: 3 Sohition is for Maming`s EQaSOn for each section segment as ictiors: O = VA = 1.49 RM2R 5"12 A n cdc~latbn a dlsaaege k loran assranedwaler surface eieraeon (YMSEL) and yven slope (SLOPEg NutN>craPOirtsinSection= 7.m ASSUNFOWSEL= 2553.01 SLOPE= 0.044D POINT STATION ELEV K STA7pN El.EI! X A tfYP Rh V D T O # (F7) CET) vMie tiT) CET) vWe (sgtl) (Feet) IteeO Olket) [teat) (FaeO (~ 7 0 2554 0.06 0 2554 - - 2 30 2553.7 0.06 30 2553.7 0.06 O.m O.m OAO O.m O.m QA 0.0 3 35 2553 0.Ofi 35 2553 OA6 OAO OAB 0.07 0.16 0.01 0.1 0.0 4 40 2552.2 0.06 40 25522 O.D6 2A6 5.06 0.41 2.85 0.81 5.0 5.9 5 50 25624 Q04 50 2552.1 O.di 7.71 t0.m 0.71 621 OAt 10.0 44.1 6 60 2553,85 0.06 60 2563.85 OA6 1.?9 4.28 0.30 2.31 0.67 42 3A 7 90 2554 D.O6 90 2554 0.06 0.m O.m 0.00 0.m OAO OA 0.0 90 2554 0.06 90 2554 0.06 O.m Qm D.m OAO O.m a0 OA 90 2554 0.06 90 2554 0.06 O.m O.m O.m OAD O.m 0.0 0.0 90 2554 0.06 90 2551 OAB O.m am am O.m O.m 0.0 0.0 90 2554 0.06 90 2551 0.06 O.m O.m O.m O.m O.m 0.0 0.0 90 2554 0.06 90 2554 0.06 0A0 O.m O.m O.m O.m 0.0 0.0 90 2554 0.06 90 2554 0.06 OAO O.m O.m OAO O.m 0.0 0.0 90 2554 QO6 90 2554 0.06 OAO OAO OAO OAO O.m D.0 OA 90 2554 0.06 90 2554 0.06 0.m O.m O.m OAD O.m 0.0 0.0 90 2554 0.06 90 2561 0.06 O.m O.m O.m OAD O.m 0.0 0.0 90 2554 0.06 90 2554 0.06 O.m O.m O.m OAO O.m 0.0 0.0 90 2554 0.06 9D 2554 0.06 OAO O.m Qm OAD 0.m 0.0 OA 90 2554 Q06 90 2561 0.06 OAO O.m 0.m O.m O.m OD OA 90 ?554 0.06 90 2554 0.06 OAO 0.00 O.m OAO O.m 0.0 0.0 90 2564 0.06 90 2554 0.06 OAO D.00 O.m OAO O.m 0.0 0.0 90 2554 0.06 90 2554 0.06 0.00 O.m 0.00 O.m O.m 0.0 0.0 90 2554 0.06 90 2564 0.06 0710 O.m Qm am am O.0 0.0 8Q 2564 0.06 90 2554 0.08 O.m OAO O.m am O.m O.0 0.0 90 2554 0.06 90 2564 0.06 O.m O.m am OAO O.m 0.0 0.0 90 25.14` 0.06 80 2554 0.06 O.m O.m 0.m O.m O.m 0.0 0.0 90 2554 0.06 90 2554 0.06 OAO O.m O.m am O.m 0.0 0.0 90 2554 0.06 90 2554 0.06 OAD O.m OAO OAO O.m 0.0 0.0 90 2554 0.06 90 2551 0.06 OAO O.m O.m O.m O.m D.0 0.0 90 2554 0.06 90 2564 0.06 OAO O.m OAO O.m O.m 0.0 0.0 90 2554 0.06 90 2554 OAB OAD O.m O.m O.m O.m 0.0 OA 80 255E 0.06 90 2554 0.06 O.m 0.00 0.m OAD O.m 0.0 a0 90 2554 0.0B 90 2554 DA6 OAO O.m am 0.00 ODO OA 0.0 90 2554 0.06 90 2554 0.06 O.m O.m O.m 9A0 O.m 0.0 OA 90 2554 0.0B 90 2551 0.06 O.m O.m Qm OAO O.m 0.0 0.0 90 2554 0.06 9D 2554 0.06 DAO D.m O.m O.m O.m QO 0.0 90 2564 0.06 9D 2551 0.06 OAO 0.00 O.m OAO O.m 0,0 0.0 90 2554 0.06 90 2551 0.06 OAO O.m OAO Qm O.m 0.0 0.0 90 2554 0-08 9D 2564 0.06 D.m OAD 0.00 OAO O.m 0.0 a0 9o z56a o.06 go 2554 aofi om om am am D.DO ao ao 90 2554 oos 90 2551 0.06 om om am om om ao oo 9o z56a oas so zs5/ 0.06. oAO om om oAO o.m oo oo 90 25x4 o.os 9o z564 o.os am am om om om oo o.D 9o z55a o.06 90 2654 oofi am o.m om o.m o.m o.o o_o 90 2554 oas 9D 2551 0.06 oAO oA0 o.m oAO o.m oo o.o 9o 2554 aofi 90 256- o.as oA0 o.m am oA0 om oo oo 90 2654 0.06 90 2554 o.D6 om o.m am om om ao ao so zssa o.os 90 2551 aos am om om am om o.D o.D 90 2554. 0.06 9o z~a o.D6 om om am oAO o.m oo ao 90 2551 0.06 O.m O.m am OAO O.m 0.0 0.0 90 2554 0.06 D.m O.m O.m O.m am 0.0 0.0 90 2554 0.06 O.m O.m O.m 0.m O.m 0.0 0.0 80 2551 0.06 O.m O.m O.m O.m O.m 0.0 0.0 90 2551 0.06 O.m O.m O.m OAO O.m O.D 0.0 90 2654 0.06 O.m O.m 0.m O.m O.m 0.0 0.0 90 2554 0.06 O.m O.m O.m am 0.m 0.0 a0 90 2554 0.06 O.m O.m O.m OAD OAO 0.0 0.0 80 2554 0.06 O.m O.m O.m O.m O.m 0.0 0.0 9D .2551 a06 O.m Qm 0.00 OAO O.m OA 0.0 90 2551 0.06 0.00 O.m OAO OAO O.m 0.0 0.0 TOTAL SEC'iION VALUES= f0.~i 1SA0 0.S{ 5,07 10.9 SS Legend: ')Y = MaMng's ram coeiflcient A= lbw area WP = we0ed perimeter . Rh= hyda~crartius V = flow ~ebdty D= flOwrkpM T = topv4dltl 0= diacherge DV2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 76 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Io at a2 43 as a5 4s a7 4S 49 50 51 52 53 54 66 58 57 58 59 60 NOTES: SagnxR O shown is tar cegttarR between Irtdica7er) pdnt end preMOUS pdM "Total" Section value for V Ivdoci7y) Is avwage far entire sacUon Regular Council Meeting -November 16, 2010 -Page 81 of 132 ,fit ~~k ~~ r '. _. ~ ', ~ i ~ . ~~ e ~ ~ ~ ~` ~~ ~ ~ ~ Re N (h O _ N 00 m (6 a 0 0 N 9 O z m C N ~ Z •( 4_ ~"~ 4'.: `$'s ' ~:'? L y 111 ` '..S j 4'17 ~ C 3 '42 9 ~i°2 ' ` `1^ t , <. U ,~~=' a I~I~ m +T a~ AROJ: OAWDEN ESTATES AMENDED LOT 12 DETAL• Mmnlrtq'sRatlnyforftlt+pular8ectton SswYbn: 4 ` SoMAOn is fw Maradn~s Equa+lon fa sash sxtlon esgmsntas fobwx Q:VA: 1.49 RM2/3 S^th A n Calculation ~ discharge is for an assured vadsr surface elevation (W SEI.(and given sbpe (SLOPE)• Nunber of Points in Section:- 5.00 - - ASSUMED WSELa 2501.57 SLOPE = 0.0250 POINT STATION ELEV ~' STATION ELEV 'n' A WP Rh V 0 T p. A value vale fee da + 0 2502 0.06 0 2562 , 2 85 2551.3 0.06 85 2561.3 0.08 328 24.82 0.73 1.02 027 24.6 3.3 3 120 2566:7 0.06 720 2560.7 0.08 31.08 SS.00 D.57 2.68 0.87 55.0 832 4 150 2560.5 0.04 150 2560.5 0.04 28.95 30.00 0.97 5.74 1.07 30.0 768.1 b ~ 210 2562 0.08 210 2562 0.08 22.89 42.82 0.53 2.57 1.07 42.6 - 56.4 210 2562 0.06 210 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2362 0.06 210 2582 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2562 0.06 270 2582 0.06 0.00 0.00 D.00 0.00 0.00 0.0 0.0 210 2582 0.06 270 2562 0.08 0.00 0.00 0.00 0.00 0.00 0.0 - 0.0 210 2562 0.08 210 2562 0.06 0.00 0.00 D.00 0.00 0.00 0.0 - 0.0 210 2582 0.08 210 2562 0.06 0.00 0.00 0.00 ~ 0.00 0.00 0.0 0.0 21O 2562 0.06 210 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 270 2562 0.06 210 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2562 0.06 210 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 z7o 2562 o.os z7o 2s62 o.a6 0.00 0.00 D.DO o.oD a.oa o.o o.D 27o zs62 0.06 zto 2562 0.06 0.00 0.00 0.00 o.oD o.oo ao o.o 210 2562 0.06 21o 2562 o.os o.oo o.oo o.oo o.oD o.ao ao oo 27o zse2 o.oe 21o zs6z o.oe o.oo o.oo D.oo o.oo o.oo oo o.o 210 2562 0.06 z1o zs6z ooe o.oo aoo D.oo o.oo o.oo oo o.o zto 2562 0.06 21o zs62 o.oe oaD o.oo o.oo o.oo ooo oo o.o 210 2ssz o.oe z7o 2562 o.oe o.oo o.oo o.oo o.oo ooo o.o o.o 210 2562 o.os zto 2562 o.oe ooo o.oo o.oo o.oo ooo oo o.o z+o 2s6z o.os 21o zs62 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2562- 0.06 210 2562 0.06 0.00 0.00 0.00 0.00 .0.00 0.0 0.0- 21D zs62 o.oe 210 2562 o.oe o.oD D.oo o.oo o.oo ooo o.o o.o 2+0 2582 o.oe zto 2562 0.06 0.00 0:00 D.oD D.ao o.oo o.o o.o 2+o zss2 aoe 2to 2se2 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2562 o.oe 2a 25s2 o.oe o.oo o.oo o.oo o.oo o.oo o.o o.o 210 2582 0.08 210 2582 O.OB 0.00 0.00 ~ 0.00 0.00 0.00 0.0 0.0 210 2562 0.08 210 2562 0.06 0.00 0.00 D.00 0.00 0.00 0.0 0.0 270 2582 0.08 210. 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2582 0.06 210 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 21o asst 0.06 210 2582 o.as o.oo o.oD o.oa o.ao o.oo o.o o.o 210. zss2 a.oe zto 2562 o.os ooo o.oo o.oo D.oo o.oo o.o o.o 210 2562 0.06 270 2sez o.oe o.oo o.oo o.oo o.oo o.oo oo o.o 210 2562 0.06 210 ~ 2562 0.08 0.00 0.00 0.00 0.00 0.00 0.0 0.0. 270 - 2562 0.08 210 2562 D.OB 0.00 0.00 0.00 ~ 0.00 0.00 0.0 ~ 0.0 210 2562 0.06 210 2562 - 0.08 O.QO 0.00 0.00 0.00 .0.00 0.0 0.0 210 2562 0.08 210 2582 0.08 0.00 0.00 0.00 0.00 D.00 0.0 0.0 zlo 2562 0.06 z1o 2562 0.06 0.00 0.00 o.DO D.oo o.oo oo ao 21D 2582 0.06 2ro 2582 o.a6 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2582 0.08 210 2562 0.08 0.00 ~ 0.00 0.00 0.00 0.00 0.0 0.0 210 2582 0.06 210 2582 0.0B 0.00 0.00 0.00 0.00 0.00 0.0 0.0 270 2582 0.08 210 2562 0.06 0.00 0.00 0.00 0.00 0.00. O.O 0.0 210 2562 0.08 210 2582 0.06 0.00 0.00 0.00 0.00 0.00 OA 0.0 210 2562 0.08 210 2562 0.06. 0.00 0.00 0.06 0.00 0.00 0.0 0.0 210 2582 - 0.06 210 2582 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2582 0.06 210 2562 0.08 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2562 0.08 210 2562. 0.08 0.00 0.00 D.00 D.00 0.00 0.0 O.0 210 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 D.0 210 2562 0.08 0.00 D.00 0.00 0.00 0.00 OA ' 0.0 - 210 2582 0.06 0.00 0.00 D.00 0.00 0.00 0.0 0.0 - ~ 210 2582 0.08 0.00 0:00 0.00 O.DO 0.00 0.0 0.0 210 2562 0.08 0.00 0.00 O.OD 0.00 0.00 OA 0.0 270 2582 0.08 0.00 0.00 -0.00 0.00 0.00 0.0 0.0 270 2562 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2582 0.08 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2582 0.08 0.00 0.00 0.00 0.00 0.00 0.0 0.0 270 2562 0.08 0,00 0.00 0.00 0.00 0.00 0.0 0.0 210 2562 0.06 D.00 0.00 0.00 0.00 0.00 0.0 D.0 TOTAL SECTION VALUES: 85.99 15225 O.S6 3.62 1523 377 Leger 'n' : Maming's roughness coeffgien+ A= flowarea - - WP= we8edpsrirtetor Rh= hydrauicrad'ne V= fbwwbcdy D= flswdepih T= p= a~narga DV2 1 2 3 4 5 8 7 8 9 10 11 12 13 14 7s 18 n 18 19 20 21 zz 23 24 zs ze 27 28 29 30 31 32 33 34 35 39 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 5S 56 57 SB 59 60 NOTES: Segmsrit p showwn Is for segment between indicated point and pevioue point Toter Section value for V (velocity) is average for entire section Regular Council Meeting -November 16, 2010 -Page 83 of 132 ~.~ ~: r~ «:. < ~ ~ ~ ~~ ~ ~ ~ ~- ~.. ~4 ' ~ ~. . = ~_ :_ , _~ =' N r t$~} w t O V ~ ~ N R a 0 o I N N Q N O '. Z C ~ 4t 3 tA3 ~C`> x~"3 - ~"1 ~"~ x.57 ~ ~ ~ 7 O/ N PROD: GARDEN ESTATES AMENDED LOT 12 DETAIL: Manning'sRatingforkregaMrBaetfon Section: 5 SapAOn is tar MaminQe Equaaolttor each secaan segmat astaton~ O = VA = 1.49 Po'M2r3 S"12 A n celarabon d AgGrerge is far an assumeawalar solace etevabon (vYSEI) an4 gtvdr slope (SLOPEI Numberd Paints In Secion= 7.m ASSUMED WSEL= 2557.13 SLOPE= 0.0384 POINT STATION EIEV 1f STATION QEV 11' A WP rdt V D 7 D ~ lFn cFT1 veUe fFTf (FT) vaY~a taa 1q lfaan lteeq - l&en bean fds) 1 0 2558 0.06 0 2566.. 2 60 2557.1 0.06 60 2557.1 0.06 OA3 1.96 OA1 028 DA3 t9 0.0 3 im 2556 0.06 +m 2556 0.06 23.17 40.02 0.58 328 1.13 40.0 76.1 4 110 2555.8 0.06 110 2556.8 0.05 1229 10.00 1.73 5.42 1.33 10.0 66.6 5 120 2566 0.04 120 2556 O.OI 1229 10.00 1.23 8.13 1.33 10.0 1m.0 6 140 25567 0.06 140 2558.7 0.06 15.58 20.01 0.78 4.m 1.13 20.0 82.3 7 190 2556 0.06 i90 2556 0.06 3.54 16.51 021 1.~ 0.43 16.5 6.0 190 2558 OAB t9D 2558 0.06 0.m D.m Om O.m D.m a0 QO 190 2558 0.06 190 2558 0.06 O.m O.m O.m O.m 0.00 OA 0.0 190 2556 D.as 190 2556 0.06 Dm om o.m om om oo oA Sso 255a o.06 79o 2558 ao6 om om am oAO o.DD ao o.o 190 2556 o.os 190 2556 D.os o.m am om am om oo ao 190 2556 oos 1so 2558 aos om om o.m om om ao D.o 190 2558 0.06 190 2568 0.06 0.00 0.00 Om O.m O.m QD 0.0 190 2558 0.06 79D 2556 a06 O.m Om O.m OAO Qm OD a0 190 2558 0.06 190 2558 0.06 D.m O.m O.m O.m Om a0 0.0 190 2558 0.06 190 2568 Q06 Om O.m O.m O.m O.m 0.0 OA 180 2558 0.06 190 2558 0.06 Om O.m O.m 0.m 0.m OA 0.0 190 2558 0.0B 190 2568 0.06 0.00 O.m O.m O.m O.m 0.0 0.0 190 2556 0.06 190 2558 0.06 0.00 O.m Om O.m 0.00 OA 0.0 1so 2555 oos 190 2558 oas om om om am om oo o.o 190 2556 0.06 19D zs5e oA6 om om om om om o.D ao 1so 2556 o.os 1so 2556 o.os om om am om am ao oo 7so z5s6 o.os 190 2556 ass om om am am am oA oA 190 2556 0.06 190 2558 0.08 O.m O.m 0.m Om O.m OA 0.0 190 2556 0.06 190 2558 0.06 0.00 O.m am O.m O.m 0.0 a0 190 2558 0.06 190 2558 0.06 O.m D.m O.m O.m O.m 0.0 0.0 190 2558 0.06 190 2558 0.06 O.m am O.m Om O.m 0.0 0.0 190 2568 0.06 - 19D 2556 0.08 Om Om O.m Om 0.00 0.0 0.0 190 2556 0.08 190 2556 0.06 O.m OAO Om O.m O.m 0.0 0.0 190 2558 0.06 190 2558 0.06 O.m 0.m Om D.m Om 0.0 QO 190 2556 0.1>6 190 2558 0.06 O.m D.m 0.m 0.00 D.m OA QO 190 2558 0.06 190 2558 0.06 O.m O.m Om O.m O.m OA 0.0 190 2558 0.06 190 2556 OAB Om Om 0.00 O.m Qm 0.0 0.0 190 2556 0.06 190 2558 0.06 0.00 O.m O.m O.m O.m OA 0.0 190 2558 a06 19D 2558 0.06 O.m O.m 0.00 O.m O.m 0.0 0.0 190 2556 0.08 ~ 190 2558 OA6 Om 0.00 0.00 O.m O.m 0.0 O.D 190 2558 0.06 190 2558 0.0B O.OD 0.00 OAO 0.00 O.m 0.0 0.0 790 2558 0.0B - 79D 2568 0.06 OAD 0.m DAO D.m O.m 0.0 QO 190 2558 0.0B 190 2556 0.08 Om Om Om O.OD O.m OA QO 190 2558 0.06 190 2568 OA6 O.m O.m O:m O.m Om 0.0 0.0 190 2556 0.0B 180 2556 a06 Om O.m O.m Om OAD 0.0 0.0 1so 2558 ass 190 2556 oa6 o.DD o.m am om o.m oo o.o 79o zs5s o.os 790 2556 o.DS oAO o.m om om om o.o oo 190 2556 0.06 19D 2568 OA6 OAO 0.00 O.m O.m O.m OA O.D 190 2558 OA6 190 2558 0.06 Om O.m am O.m O.m 0.0 0.0 780 2558 0.06 19D 2568 a06 Qm O.m am O.m O.m 0.0 OA 19D z55e o.DS 790 ~ D.os om o.oD am am D.m aA oo 190 2556 0.06 190 2558 OA6 D.m O.m OAD Om 0.m OA 0.0 190 2558 QA6 Om Om 0.m Om ODO OA 0.0 190 2558 oAS om D.m am o.m om oo o.o 190 2556 o_os om om o.m om D.m o.o o.o 19D 2566 0.06 o.m oA0 o.m o.m om o.o D.o 19D 2558 oos u.m o.m am D.m o.m oo o.o 19D 2556 o.os om om am D.m om o.o o.v 190 2558 D.os o.m om om om om oa D.o 190 2558 0.06 O.m Om Om O.m O.m OD D.0 /~ 2558 0.08 O.m O.m am O.m O.m 0.0 OA 19D 2558 D.O6 O.m O.m 0.00 O.m O.m D.0 O.D 190 2568 0.06 D.00 O.m O.m O.m 0.00 0.0 - O.D TOTAL SECTION VALUES ~ 86.61 9Ri9 O.M 4.66 9B.S X11 LegarM: 'Yt" = t4anning'a ta~gtaarsa coe7llciern A= lbwaree 1IVP = Wabetl perdneter Rh = trydratic radue V = bow vebdty D= bowdeplh T= t~pwitllh 0= 012 7 2 3 4 5 6 7 8 9 1n 11 12 13 14 15 16 17 18 19 20 21 22 23 za 25 28 27 28 30 31 32 34 35 36 37 38 40 41 42 43 44 45 46 47 4s 49 50 51 6z 53 6a 58 5s 57 56 58 NOTES: SegnentOstwwnistersegnerBDelweertYaieakdpoiraanOpreviouspoek 'Total" Section value for V (velociy) ~ average Tor entire sec8on Regular Council Meeting -November 16, 2010 -Page 85 of 132 ~~ _- ~; ~~ . ~~~~ ~ ~, ; . ~~ ~, > ~ ~ ~,- ~ , c ° ~ `~ ~ ~„3 N M O (O N m cc d O O N N N .. _ O Z ~ ~ xi'? '. ~ " C _ r- ~ ~d ~w. ~g ~K ~., ~3 ,03 <G~2 ''1 ' 1S'j. ~:~ .U ~ ~ ~~~ ~ ~~ ~ U m PROJ: GARO~i ESTATES AMENDED LOT 12 DETAIL: Monolog's Rotiig for kngular Sa.Yion Sectbn: 8 Sdution is fa Mks Ealuatlon for each ser0on segnazit at:t'otva0: Q=VA= 1.49RM2lJS^12 A n (:alculatlon d 6aarerge is Ta tm aeatmeeviolerwface elevaYon t>~l ~lN~ ~ (SLOPE). Nun6er d Poinls h Sedkn = 6.00 ASSUMED WSEL= 2552.75 SLOPE = 0.040D POINT STATION (3.EV X STAT1014 ELEV tP A WP Rh Y D T O # EFT) tFTI veMre tFT) (FTl valie E0411D IteeO (tall ENsecl tteeD (teed tds) 1 0 2554 0.05 0 2564 2 100 2552 0.06 100 2562 0.06 13.96 37.37 0.37 2S7 Q75 37.4 35.9 3 120 2551.6 0.08 120 2557.6 QO6 18.95 ?d.OD 095 4.78 1.75 20.0 90.5 4 730 2551.6 0.04 130 2551.6 0.04 11.47 10.00 1.15 8.14 1.15 10.0 93.4 5 145 2552 0.08 145 2562 ODfi 1421 15.01 095 1.78 1.15 15.0 679 6 2111 2554 0.06 ~ 210 2564 0.08 9A8 24.30 0.37 257 Q75 24.3 23.3 210 2554 0.06 210 2564 0.06 OAD 0.00 0.06 0.110 0.00 0.0 0.0 210 2554 0.06 210 2554 0.0B OAO OAO 0.00 0.00 0.00 6.0 0.0 210 25&1 OA6 216 2561 0.06 0.00 O.OD OAD 0.00 0.00 OA 0.0 210 2554 0.06 210 2554 Q06 0.00 OAO OAO 0.00 0.00 0.0 0.0 210 2554 006. 210 2564 D.06 0.00 0.00 QO11 0.00 0,00 0.0 0.0 210 2554 0.06 210 2561 0.06 0.00 0.00 0.00 0.00 006 0.0 0.0 210 2554 0.06 21D 2554 0.06 OAD QAO D.OD 0.00 0.00 0.0 0.0 210 2554 0.06 210 2554 D.06 Q00 0.00 0.00 0.00 0.00 0.0 0.0 210 2554 0.06 210 2551 OAB O.DO Q00 0.00 0.00 0.00 0.0 OA 210 2554 0.06 210 2554 0.06 OOD 0.00 0110 0.00 OAO DA D_0 210 2554 OA6 n0 2564 0.06 0.00 O.OD DAO 0.00 0.D0 0.0 0.0 z1o 25sa o.ofi no zs5a D.os oDO oo0 6.00 Oro 6.OD D.o oo 210 2561 0.0B 210 2561 0.06 OAO 0.00 0.00 ODO 6.00 0.0 0.0 210 2554 0.06 210 2551 (1.06 D.00 0.00 DAO OAO 0.00 D.0 0.0 210 2554 O.Q6 210 2564 0.06 0.00 0.00 OAO 0.00 0.00 0.0 0.0 210 2564 0.06 210 2554 OD6 0.011 OAO 0.00 0.00 0.00 0.0 0.0 210 2550 OAB 210 2554 OAB OAO OAO O.DO 0.00 OAO OA 0.0 210 2554 0.06 210 2561 0.06 OAO 0.00 0.00 0.00 0.00 0.0 0.0 n0 2554 0.06 210 2554 0.06 000 D.OD O.lp 0.00 Q00 DA 0.0 210 2554 0.06 210 2551 OA6 0.00 0.(q 0.00 0.00 OAO 0.0 0.0 210 2550 0.06 210 2554 D.O6 0.00 ODO 0.00 0.00 000 0.0 0.0 210 2554 0.06 210 2564 (1.06 0.00 0.00 0.00 0.00 0.00 O.D 0.0 210 2554 0.06 210 2564 OA6 0.00 0.00 OAO 0.00 0.00 0.0 0.0 210 2554 0.06 210 2564 0.06 0.00 OAD 0.00 0.00 0.l)D 0.0 0.0 210 2554 0.06 21D 2554 OD6 ODO 0.00 0.00 O.OD 0.00 0.(1 0.0 210 2554 0.06 210 2554 0.06 O.OD 0.00 O.lq OAO OAD 0.0 0.D no zs5a o.os nD 2564 0.06 oao DAO 6.00 0.00 oDO o.6 0.0 2tD 2554 0.06 z7o 2551 o.06 o.DO oDO ooo oAO oAO oo oo 210 2554 0.06 210 2564 0.06 0.00 ODO 0.00 D.OD 0.00 0.0 0.0 210 2554 0.06 n0 2564 0.06 0.00 OA6 O.t1D 0110 OAO 0.0 0.0 210 2554 Q06 270 2554 006 O.DO ODD ODO O.OD 0.00 0.0 00 210 2554 0.08 n0 2551 D.OB 0.00 OAO 0.00 QDO OAO D.0 0.0 210 2554 0.06 210 2561 0.06 D.OD 0.00 0.00 OAO 0.00 OD OA 210 2554 0.06 210 2554 0.06 0.00 0.(p 0.110 O.lp 0.0D 0.0 QO 210 2554 0.06 Zf0 2350 0.116 OAD 0.00 0,00 0.0D 0.00 0.0 0.0 210 2554 0.06 210 2554 QO6 0.00 ODO ~ 0.00 D.OD 0.00 QA 0.0 210 ?554 006 210 2554 0.06 OAO 0.00 0.0D 0.00 0.00 0.0 0.0 210 2554 0.06 210 2664 006 0.00 OAO 0.00 0.00 ODD D.0 0.0 210 2554 006 210 2564 0.06 0.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2554 0.06 210 2554 0.06 000 ODO 11.00 0.00 0.00 0.D 0.0 210 2564 0.06 210 2554 0.06 D.OD OAO OAO O.OD OAD OA 0.0 210 2554 0.06 210 25(14 D.OB D.00 QOD O.OD OAD QOD OD 0.D 210 2554 0.06 210 2564 11.06 6.OD OAO O.OD O.OD D.00 0.0 0.0 210 2551 6.06 IIAD 0.00 OAD 0.0E1 QOD 0.0 0.0 21o z65a D.ofi aoo oAO D.o6 6.00 0.0o ao o.o 210 2554 0.06 D.00 0.00 0.00 0.00 0.00 0.0 0.0 210 2554 0.06 0.00 0.00 0.00 OAO OAO 0.0 0.0 210 2554 0.06 0.00 0.00 0.00 000 0.00 0.0 0.0 210 2554 0.06 0.011 0.00 O.lq OAD 0.110 0.0 0.0 210 2554 0.06 0.00 0.00 0.00 0.00 0.(q 0.0 00 210 2854 0.06 0.00 0.00 0.00 OAO 0.00 0.0 0.0 210 2654 0.06 0.00 0.00 O.lp 0.00 OAD 0.0 0.0 210 25'64 0.06 O.OD 0.00 0.00 0.00 0.00 0.0 OA 210 2554 0.06 OAD 0.00 0.00 000 0.00 0.0 0.0 T(YTAL SECTgN VALUES= p.87 186.M 0.413 4.80 10&7 311 Legend: "n"= Mamkg'arOllgMlBbticOefSclera A= tiowaree WP= we8edpr Rh = htBaufc redws V= tlowvalodty D= floweep4i T= t0pwidtt a= asdarge NOTES: segmern O slwem lsfar a Delaeen r~cated Dora one prcaous parA 'Tomr section roue far V (vdodgrl is wage tar antra section D~f2 1 2 3 4 5 6 7 8 9 70 11 12 13 14 15 18 1T 18 19 20 21 22 23 2a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Regular Council Meeting -November 16, 2010 -Page 87 of 132 _. ST Ya ' i _, } 3. - '' +~ . ~ ~y La.~. . ~ ~f ~ ~ p V 1 C~ N €1'A O W d cV d O O N N N O Z .., .. ,.. ., . ,. -~ F., _„....u., .............. m C N ¢ #z:> ta`5 iEj ~ 1, ~ ~ 7'~ i"`wz ~ O U ;~ ~ m m _ _ _.__..__._ .~ ___ ~ _.__. '` - -1 ~ ~ ~¢i " ~ ~ i !SN'aT n ~_ ~'. ~ tiF .? U_ € ~ ~ ~ ~ ~4 J ~I _ i } fi ~ -: 1 1 ~`~ ... ~ ~ ! !' ~~ - -=° '. ~ .. i ~~~ t ~ ~ F_. ~~ z f ~x p~,~ `~ ~i"~ s ~h F ~ r° '~~ I! s } i~' K ~? r ,. k k~ x~ Ls ~' s~ K.' 5 '' P 4? n {ox=~ M O W N m a 0 0 N N 0 m d U c`u 3 I + ~_ l- ~~ r f ' :. ,. ~~~ l x H ;m _ _ _ _ _ ~ ~ . .._ _ _r ~ _ _ s ~ ~~ F s I ~ ~ ! ~ ,~s _~ ( ~ ~ ~ i c ~ ' ~ : _ ~~ •~•' ~~ ~: ifM%. L•f: //ANA.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 -Compensation Discussion: This item proposes changes to Chapter 3 -Compensation, of the Town's Personnel Policies and Procedures. Added text is shown on the attachment with double underlining and deletions are shown with strike-out text. Chapter 3 of the Town's Personnel Policies and Procedures underwent major revisions in December 2008. Application of the revised policy over the last two years has identified a need to make policy and language enhancements. In summary, the recommended policy changes include reference to the chain of authority above the level of a department head where appropriate, clarification of time limits for initial evaluation periods, consequences for not notifying an employee that the evaluation period is unsuccessful prior to the conclusion of the evaluation period, the number of performance evaluations that an employee should receive during an initial evaluation period, and a performance rebuttal review process for employees who report directly to a department head. This policy also addresses new procedures for completing attendance records by exempt , personnel, how payroll errors will be corrected, and prohibition of inappropriate deductions from exempt employee pay under federal law. Under the subject of reclassification, the policy gives authority to the Town Manager to grant a pay adjustment outside the normal policy as provided for in Chapter 3 in order to address extraordinary circumstances. A new provision allows for special assignment above the customary 5-10% for employees who take on the full set of duties and responsibilities of a vacant position; this will have the effect of allowing employees to be placed at the minimum of the grade for the assumed position. Consistent with Ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures may not be adopted at the council meeting where they are first presented, but must be considered and discussed at one council meeting and then proposed for adoption at a subsequent council meeting. This is the first presentation of the proposed changes to Chapter 3. Following the council's discussion and direction this evening, final adoption of these policies may be scheduled for the December' 7, 2010, council meeting. Regular Council Meeting -November 16, 2010 -Page 90 of 132 Financial Impact: None ATTACHMENTS: Name: Description: Type: O Draft_Revisons to_Personnel_Policies_Chapter_3_ (00022661-10j.DOC Proposed revisions to Chapter 3 Backup Material Staff Recommendation: Staff recommends that the proposed changes be returned for further consideration and adoption by the Mayor and Council at the December 7, 2010, regular meeting. Suggested Motion: I move to direct staff to bring back the proposed amendments to Chapter 3 of the Town's Personnel Policies and Procedures for adoption at the December 7, 2010, council meeting. Regular Council Meeting -November 16, 2010 -Page 91 of 132 ,~~..~ CHAPTER 3 ~A~~ANA COMPENSATION ~'% I TOWN 4'r LAARANA Policy 3-1 EMPLOYMENT SERVICE The Town of Marana's employment service is divided into classified service, unclassified service, term-limited temporary employment and short-term temporary employment. Employees in positions designated as classified service are governed by these Personnel Policies and Procedures. Employees in positions designated as unclassified service, term-limited temporary or short-term temporary are subject to these Personnel Policies and Procedures only where specifically noted herein or in the Marana Town Code. Non-employee positions, as defined by Title 3 of the Marana Town Code, are not subject to these Personnel Policies and Procedures. Section 3-1-1 Classified Service This category of employment is comprised of all regular full- and part-time employees of the Town who are employed in positions other than those designated in Title 3 ofi the Marana Town Code as unclassified, term-limited or short-term temporary. Section 3-1-2 Unclassified Service This category of employment is comprised of all employees of the Town who are employed in unclassified positions as designated in Title 3 of the Marana Town Code. Unclassified employees are part of a responsive management team that exists to carry out the goals and policies of the Town. Section 3-1-3 Term-Limited Temporary Employment This category of employment is comprised of temporary positions, with work related to a specific grant, capital improvement project, technology services project or other non-routine substantial body of work, for a term of six to 36 months. Section 3-1 -4 Short-Term Temporary Employment This category of employment is comprised of temporary positions for a time period that does not exceed six months or 1040 hours in a rolling 12-month period. These positions are used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. {00022661.DOC / 10}3-t ~~~ CHAPTER 3 A~ANA COMPENSATION rowN fl~ r.~a~~~~ Policy 3-2 POSITION STATUS Positions within the Town are generally designed for regular full-time employees. However, in certain functions and during some seasons, work schedules and Town needs may require the services of other than full-time employees. Section 3-2-1 Definitions The following definitions shall apply whenever these terms .are used throughout these Personnel Policies and Procedures. A. At-will Employment: Employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. B. Exempt Employees: Employees who devote most of their hours to activities that are managerial, administrative or professional. These employees are excluded from specific provisions of federal and state overtime wage and hour laws and are generally not entitled to overtime pay. C. Non-exempt Employees: Employees who devote most of their hours to activities that are not managerial, administrative or professional. These employees are entitled to overtime pay under the specific provisions of federal and state laws. D. Promotional Position: A position to which a current Town employee is promoted. To be considered a promotional position, the position must be in a ~ classification assianed to a hiaher salary arade than the position that the employee originally served In. Section 3-2-2 Position Categories The Town employs personnel in a number of position categories including, but not limited to, the following. A. Regular Full-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period, as defined in these Personnel Policies and Procedures, o,+ho.- ~~ ., .,e.., hire „~ ;., Employees in this category are eligible for the Town's full benefits package. {oooz2~i.ooc i io}3-2 NIARANA ~~ '/I\ TOIYPd rJP SAAR?,NA CHAPTER 3 COMPENSATION B. Probationary Full-Time: A classified employee serving in an initial evaluation period either as-a ne ir° ^r i^ ^ r+rnm^+inn~+l .,,, i+i^n Employees serving in an initial evaluation period are at-will employees. Employees in this category are eligible for the Town's full benefits package. C. Regular Part-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 20 hours but less than 40 hours per week. To attain this status, the employee m~rst successfully complete an initial evaluation period .Employees in this category are eligible for the Town's full benefits package. D. Probationary Part-Time: A classified employee working less than 40 hours per week, but more than 20 hours per week, who is serving in an initial evaluation period °i++"~ci~v . Employees serving in an initial evaluation period ~~ w ;~::.".?r~ ~r ;^ w Nrv^;v±iv.^.w! M~~iti~:; are at-will employees. Employees in this category are eligible for the Town's full benefits package. E. Management/Administrative Intern: A short-term temporary employee who is regularly enrolled as a student in a recognized educational institution or special program for adults and/or seniors during the regular school year. Management/Administrative Interns are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible far paid leave or group insurance benefits or for any cash in lieu thereof. F. Executive Fellow: Aterm-limited temporary employee who is in his/her final segment of the regular school year or has graduated from an accredited college or university in a field directly related to local government management. An Executive Fellow is an at-will employee. Employees in this category are eligible for the Town's full benefits package. G. Seasonal Employee: A short-term temporary employee who works less than 1040 hours in a rolling 12-month period. Seasonal employees are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. {00o2266t.t~oc i to}3-3 ,_'~~,,~ -_ ,~~ N~Af~2AN~ I TC'WP1 OF MAR?,NA CHAPTER 3 COMPENSATION Policy 3-3 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3-3-1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authori#y and character of work are similarly classified and compensated, and positions substantially different in scope and complexity are appropriately classified and compensated. Section 3-3-2 Plan Amendment A. All amendments to the classification plan require the approval of the Town Council. Amendments shall be submitted to the Town Council through the Town Manager. B. The classification plan may be amended by ordinance, resolution, motion or adoption of the Town's annual budget.. C. Any position not established by Title 9 of the Arizona Revised Statutes may be abolished by the Town Council. Section 3-3-3 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all regular full-time and regular part-time positions in the classified and unclassified service. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. {ooozz66r.DOC i ro}3-4 CHAPTER 3 ~~~~~ ~AR~I~ COMPENSATION ~~,~ ~ ~ ~ TOL4N {?F ?~5A&ANA Section 3-3-4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new position, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish an Administrative Directive outlining the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, an employee} of a Department Head 2r f~~ hain of authority above the level of Department H d may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. C. When there is any substantial change,... addition, or deletion to the duties assigned to a position, the Department Head or the chain. of authority above the level of Department Head. where aoplicable will provide a completed position description questionnaire to the Human Resources Director. D. slassi€rsatier~ An employee whose position is reclassified ~'~~°'^ ~°^~^^^~~^*~^^ will be transferred, promoted. demoted, or laid off in accordance with applicable provisions in these Personnel Policies and Procedures. If the reclassification results in a demotion, and if the employee remains in the reclassified position, then the employee will be considered to have taken a voluntary demotion. E. Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern .pay upon promotion. F. A position classification review decision is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. {ooozz66r.~oc i ra}3-5 ~"\, CHAPTER 3 N1AC~AI~A COMPENSATION tOWfd GP iv2AAA`1A Policy 3-4 COMPENSATION PLAN The total compensation program for the Town of Marana is comprised of salary/wages, benefits and other less tangible elements that are of value to employees such as the work environment, security, career opportunities and overall health. Each element plays a role in the Town's pay strategy. Section 3-4-1 Total Pay Philosophy A. Salary: The Town provides pay opportunity (e.g. ~es~~ or steps) that is designed to provide managers flexibility and to provide at- or above-market median cash compensation to those employees who are strong performers and consistently make contributions to the Town's success. The market is regularly assessed to ensure that salary r es ~a~es remain competitive. B. Market: The Town's market is defined as public and private sector employers similar to Marana in size and complexity and in locations where the Town looks to secure labor talent. C. Benefits: The Town's benefits in total are targeted to provide above average value to its employees. Each individual benefit program is designed to provide an employee with security in case of unforeseen events and for retirement. Section 3-4-2 Compensation Plan/Salary Schedule Adjustments All general salary increases, market adjustments, pay for performance increases or other modifications to the compensation plan and/or .salary schedule require the approval of the Town Council.. Amendments and revisions shall be submitted to the Town Council through the Town Manager. Section 3-4-3 No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific s~ grade, assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. {oooza66i.~oc i io}3-6 ~, CHAPTER 3 -~-_ ,=,f I~,~~AIg4,~ COMPENSATION TDIYN OF Ldk~.NR: Policy 3-5 PERFORMANCE MANAGEMENT The Town's performance management program relies on a system of establishing goals, strategies and performance benchmarks for the organization and then identifying how individual and team efforts contribute fo the overall achievement of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's performance is directly linked to his or her c©mpensation. The Town Manager is responsible for establishing a systematic process for the ongoing evaluation of organizational and employee performance. At a minimum, this system will link to Town-wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide opportunities for coaching and distinguish between levels of performance. The Human Resources Director shall be responsible for ensuring implementation of an employee performance management system. Section 3-5-1 Initial Evaluation Period The initial evaluation period is a period of time, ~ ~+°+°rminnr+ ~., +h° Tn~~in 11A~nnn°r constituting the final step in the se+tive screening process for appointment to a regular full- or part-time classified service position Employees shall be evaluated at least once durina their initia evaluation period: however. manaaers__ and_ supervisors are encouraged to evaluate mplovees more often to provide onaoina feedback. A. Except for employees in the Police Department as otherwise provided in this section. r4~ll full- and part-time employees hired in a classified service position° ~'°°i^^°+°a .,° aterally transferred to a classified service position in i a ifi ~ i nt m n in ri r transfer or demoted or promoted from one classified service position to another shall serve in an initial evaluation period for ~ ~-te-~8 months from the date of hire. transfer. demotion or Oramatian. Th° lonly+h .,f +hc ini+inl °~i~l~ ~~+inn n°rinrl ~+h.~ll (~° e.n4 Fnvih in +h° °nipivT~°--°~a effer e€- emple~ meat let#er. €~l~ees nh•'~rt~v~eV'~1°+u7vRCGV-'crt-Teat+~c ~Nfr ~ s .However. an employee Ilv transferred or demoted will not be reauired to complete an initial evaluatio period in the new gasi ion if the employee has previously completed an initial evaluation period in the. same classification and in the same department. full- and part-time employees hired in a classified service position in the Police Department. laterally transferred within the Police Department to a classified service position in a different classification title than the employee occupied prior to transfer or demoted or promoted from one classified service position in the Police Department to another, shall serve in an initial evaluation period for 12 to 18 months from the date of transfer. demotion or promotion as provided in this section. except that a demoted Reg {ooozz66r.DOC i ro}3-7 filar Council Meeting -November 16, 2010 -Page 98 of 132 .~~." MAt~~~lA ~`~~/[\ 'E~M'P! ~ iti4AR?.NA CHAPTER 3 COMPENSATION ovee will not be reauired to complete an initial evaluation in the new position if the mplovee has previously completed an initial evaluation period in the same classification within the Police Department. Newly hired civilian employees. laterally transferred civilian and Arizona Peace Officer Standards and Training (AZPOSTI-certified employees and promoted civilian and AZPOST-certified employees in the classified service in the Police Department shall serve in an initial evaluation period for 12 months from the date of hire, transfer period shall serve in an initial evaluation period for 12 months from the date of demotion. 2. Newly hired employees who will. begin their_ employment with the Town by~attendina a police academy shall serve in an initial evaluation period for 18 months from the date of hire. l~D. employee°s yurt o_ are reauired to complete an initial valuation period pursuant to this section will not be considered finally appointer to a full- or part-time ossified service position ~••~" ^^* "° ~'°°^^~~ f;~,~~ until successful completion of the initial evaluation period as evidenced by a satisfactory rating on the final performance appraisal document completed during this period. Managers and supervisors are encouraged to complete and review this performance appraisal document at least two weeks in advance of the date that the employee's initial evaluation period is scheduled to conclude. Employees serving in an initial evaluation_period of 18 months shall be evaluated at least two times ~tirina the initial evaluation ep riod, once at 12 months and once at the scheduled conclusion of the initial evaluation period. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department heads or the chain of authority above the level o 'Department Head. where applicable are responsible for ensuring that training, informal feedback about performance, and formal performance appraisals are completed in a timely manner during the initial evaluation period. GE. Employees serving in an initial evaluation period °~•"°~ ~° ~ ~°~•~ hir^ ^.. ;., are at-will employees as defined in these Personnel Policies and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment {oooz266r.DOC i ro}3-8 of be reauired to complete an initial evaluation period in the reclassified position. CHAPTER 3 MARAl~A COMPENSATION '/ 1 `~ TOWN OF 3~tk'nANk shall be made by the employee's Department Head or the chain of authority above the evel of Department Head. where applicable after consultation with and approval by the Human Resources Director. The employee us s#aN be notified in writing that ~ or she has #~ave failed to successfully complete the initial evaluation period. prior to the conclusion of the initial evaluation period. If the emplovee is not notified of unsuccessful com letion prior to the conclusion of the initial evaluation period. the emplovee will be considered to have successfully completed the initial evaluation~i~. The decision to terminate employment during the initial evaluation period # is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures BF. Notwithstanding that an employees-ir+ servin an initial evaluation period a~ lateral transfer or in a promotional position afe j~aQ at-will employees, a+~ t~ employee who does not successfully complete the initial evaluation period in a transfer or promotional position may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the transfer or promotion had not occurred except that any compensatory time that was paid aut to an employee who transferred or promoted into an exen~t~ si iQn wi not'be restored if the employee returns to anon-exem Section 3-5-2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more time is necessary to evaluate the performance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head or the chain of authority above he level of Department Head. where applicable and the Human Resources Department. The employee shall receive a written notice of the extension no later than the last day of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shall send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the fatal time for the initial evaluation period exceed 24 months. The initial evaluation period may be extended under, but not limited to, the following circumstances. A. The employee has had a leave of absence during the initial evaluation period that exceeds 15 calendar days. {00o2266i.noc i ro}3-9 CHAPTER 3 ~- I~ARA~l~ COMPENSATION .: ~~.~/I\ TL`WtJ ~JF iv1ARfiNA B. The employee's performance is not satisfactory, but the Department Head believes that with more time and supervision the employee. may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. C. Supervisor continuity is interrupted during the initial evaluation period. D. The work assigned to the employee's position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate all aspects of an employee's performance. Section 3-5-3 Performance Management Process A. Classified employees who have completed the initial evaluation period a-s--ei+~^°~,,~,-e,-„ew and whose positions are not on a step pay plan shall receive a formal performance appraisal document once per year. This appraisal shall be for the performance period covering the prior fiscal year. beginning on July 1 and ending on June 30. B. Classified employees who have completed the initial evaluation period °° °~+~°~ ° ^°~•~ and whose positions are on a step pay plan shall receive a formal performance appraisal document once per year on the anniversary of the employee's completion of the initial evaluation period, except for those employees who serve an initial evaluation oeriod of 18 months. For those emolovees who serve an initial evaluation period of 18 months. the emolovee shall receive a formal aooraisal d~c current once per year on the anniversary of the employee's date of hire. This appraisal shall be for the performance period covered during the prior year, from anniversary date to anniversary date. C. Department Heads r the chain of authority above the level of Department Head. wh r applicab and supervisors shall recommend an appropriate performance appraisal rating based on the Town's pay for performance guidelines. D. Opportunities for adjustments to pay based on performance are established by the Town Council each year as part of the annual budget process. The amount of funds available for merit increases are subject to economic conditions and the Town's ability to pay. E. If an employee disagrees with his or her performance appraisal document, the employee may guest a meeting to discuss the aooraisal with ~, ~t,..,;+ , ..,.-.++°., ~.,..°°r +° the Department Head. within three working days of the employee's receipt of the performance appraisal document. If the Department Head oreoared the emolovee's performance aooraisal document. the emolovee may request a meeting with the oorooriate oerson in the chain of authority above the level of Department Head within {00o2266r.noc i io}3-10 CHAPTER 3 ~~ 1~ARANA COMPENSATION ~ti~.%~\ `~~` towN aF rsaw~Ha three-dav time period. After the meeting. if the emplovee continues to disagree wit h performance appraisal document. the emplovee may submit a written rebuttal which will be filed in the emplovee~~ersonnel file in the Human Resources Department. t#-tkte F~~ese~rEes Bireste~or~#esig ;ee s1a°" "° '~^°' °^~' ~° Performance appraisals are not subject to appeal under the personnel action review procedures set-forth in Chapter 5 of these Personnel Policies and Procedures. Reg F. The final eral employee performance evaluation- and the employee's written Lebuttal ' if any, shall become a permanent part of the employee's official personnel file and will remain filed for the length of titre required by law. - {ooozz~t.noc i to}3-ll ilar Council Meeting -November 16, 2010 -Page 102 of 132 ~^+~, CHAPTER 3 I~A~A1~A COMPENSATION /~\ iOVfN nF iiATAAtfi Policy 3-6 PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3-6-1 Time Sheets and Payroll Records A. All non-exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. If the employee used anv leave time during the pay period a leave authorization request shall be attached to the time sheet. The employee's department payroll liaison shall submit the time sheet to the Finance Department by the deadline established by Finance for each pay period. 'f +r,o ^..,^r^.,^o „~°,~ -,,,,, in~.,e +;„,^ ,~„~;,,., +r,o ^,., .,^r;^,~ a Icwo ~~~4hnri~.~#i^n ro^~~cc# c~h~+ll h^ ~##~+nh^r! }n Oho t~mo ~hoe4 B. All exempt employees shall complete an attendance__r_e_cord which req~eets document~+ag leave to en mere-in-gray each pay period where-s<roh-leap-i~ ~F.:~. The attendance record shall be signed by the employee's direct supervisor verif ina anv leave taken. Leave authorization requests shall ~ be signed by the exempt employee's supervisor ~ ained by the employee until the pay period in which the leave is taken ~e e ^'^~•ee~ ^~ ~^~^~~. Leave authorization requests shall be attached to the attendance record and submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town in accordance with the Town's records retention schedule D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets, attendance records or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3-6-2 Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period, unless that day is aTown-recognized ham. if the distribution date falls on aTown-recognized holiday, the Finance ~p~rtment shall select and coordinate an alternate distribution date. {oooz2~r.poc i ro}3-12 ~ CHAPTER 3 MAA~lA COMPENSATION ~`'~ 'O ~ \ tQwra ~r rnnxa~R B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment. C. In the absence of c^~^rf~^ inc#r~~n#innc ..r direct deposit, checks for those who are away on leave on the regular pay date will be held by the Finance Department until the employee returns to work D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3-6-3 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include. but are not limited to, state-mandated retirement contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee' written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. Section 3-6-4 Pay Advances The Town of Marana does not grant requests for pay in advance of the regular pay day. Section 3-6-5 Payroll Errors Qccasionally. a payroll error will occur reaardina an employee's waaes. If an employee ecomes aware of a payroll error. either an overpayment or an underpayment of waaes. t mplovee shall provide written notice to the employee's supervisor and to the Finance Director or de ianee as soon as the employee becomes aware of the error. Likewise. the Finance Director. or designee shall provide written notice to an employee of a payroll error as soon as the Finance Department becomes aware of the error. Once an error has been iscovered. the Finance Department will initiate a correction as follows: A. If the employee has been underpaid due to an error made by the Finance Department. Finance Department will run a special payroll as soon as practical. {00o2266r.noc i io}3-13 CHAPTER 3 MI~,RANQ COMPENSATION ~~'/ I \ TOWPJ pF hfARANA If the emalovee has been underaaid due to an error made by the emalovee or the department aavroll liaison. the Finance Department will make the appropriate adjustment the next reaular aav cycle. . If the emalovee has been overaaid due to an error made by the emalovee. the de artment aavroll liaison or the Finance Deaartment. the emalovee will be required to reimb rse the Town for the overaavment. The Finance Department will make every ort to establish a reaavment schedule that meets the Finance Deaartment's r ility to recoua aublic funds in a timely mann ~~ incorporates consideration for the emalovee's ability to reaav. {00o2266i.noc i io}3-14 ~~ (~tAl~,~~lA ~~ '/1\ tOWN OP?atARRNA CHAPTER 3 COMPENSATION Policy 3-7 WAGES AND HOURS Section 3-7-1 Work Week The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. A work week generally begins every Saturday at 12:01 A.M. and ends the following Friday at 12:00 midnight. The Town Managers er the General Manager or t~ Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. A supervisor may require any employee to temporarily perform service in excess of 40 hours in a five day week when necessary to maintain Town operations. When. such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures ands°state and federal law shall apply. Section 3-7-2 Overtime Eligibility As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor-Standards Act (FLSA). Position classifications shall either be exempt or non-exempt from the. provisions of the FLSA, as defined in these Personnel Policies and Procedures and state and federal law. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status of position classifications. All employees in unclassified positions are exempt from the FLSA, as being a part of a responsive management team. Section 3-7-3 Overtime and Compensatory Time It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. Department Heads and General Managers are responsible for the planning required to minimize the need for overtime. The provisions of this section apply only to non-exempt employees. A. Whenever a nonexempt employee is required to work more than 40 hours in a work week, the employee shall be compensated for the hours worked in excess of 40 at the rate of one and one-half times the employee's regular base rate of pay. In the alternative, the employee may take one and one-half hours of compensatory time off for each hour worked in excess of 40 hours in a work week. {00o2266r.noc i ro}3-15 ~,;~^~,. CHAPTER 3 IVI1~,~~I~+I~ COMPENSATION ~.~~~ tOWN QP tdkBRNP. B. The employee shall designate whether he or she desires to receive pay at the rate of one and one-half the employee's regular base pay rate or compensatory time off at the time the overtime is documented on the payroll time sheet. An employee is not required to accept compensatory time in lieu of overtime pay unless the employee agrees to this arrangement before the employee performs the overtime work. C. Hours worked for purposes of calculation of overtime shall be defirned as time on the job performing a responsible work assignment. D. Time shall begin once the employee is at the work station or at the call origination for emergencies. E. Vacation, sick, holiday and other leave shall not be considered time worked and shall be deducted from hours worked during overtime calarlation for each work week. F. Hours actually worked on Town-approved holidays shall be included as hours worked for the purposes of calculating overtime in a work week. G. Pay for work beyond an employee's regularly scheduled work day or work week will be at the straight time hourly pay rate unless and until the employee has actually worked more than 40 hours in a work week. H. The Department Head or General Manager must specifically authorize the rendering of overtime services. Employees shall obtain such authorization prior to working any overtime, unless the overtime is deemed to be an emergency by the Department Head or General Manager. I. An employee's compensatory time balance must not exceed 80 hours. The Town Manager may make an exception to the accumulated compensatory time balance as recommended by the Department Head or General Manager. J. The following provisions apply to the use of compensatory time: 1. Compensatory time may not be used before it is accrued. 2. An employee must submit a written request in advance to use compensatory time. 3. Requests to use compensatory time will be approved unless the employee's absence during the period requested will unduly disrupt Town or department operations. 4. Compensatory time must be used during the calendar year in which it is accrued unless this is not feasible due to work demands. The employee may then request, {ooazz66r.~oc i ro}3-16 CHAPTER 3 -~,. MAR~f~~ COMPENSATION ~`'~~/1 \ tQYfky OF MARANA and, the Department Head or General Manaaer may approve, the carryover of a maximum of 40 hours of accrued compensatory time. 5. Compensatory hours that have been carried over must be used within the first quarter of the. new calendar year. K. Payment for accrued but unused compensatory time is as follows: 1. Employees will be paid in the pay period that includes .December 31 for all accrued compensatory time not carried over into the following year. 2. If an employee is terminated or otherwise separates from employment while in a non-exempt position, the employee will be paid far all accrued compensatory time. 3. If an employee is promoted into an exempt position, the employee will be paid for all accrued compensatory time prior to the effective date of the promotion at his or her rate of pay in the non-exempt position. L. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (ELBA). Section 3-7-4 Exempt Employees 8,. The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. . The Tawn prohibits any deductions from FLSA exempt employees' pay that are improper under the FLSA. If an FLSA exemt~t emplovee believes that an improper deduction has been made to his or her salary. the emplovee should immediately report this information o his or her direct supervisor. the Department Head or General Manaaer or to the Human Resources Director. The Town will promptly investiaate reports of improper ~ If the To n determines that an improper deduction has occurred. the Town 'I promptly reimburse the emplovee for the improper deduction. {oooaz~i.poc i ro}3-17 ~'`~ CHAPTER 3 ,~-- ,_~ 11~.A~ANA COMPENSATION ~'~% I TOWN Of 3hARANA Policy 3-8 HOLIDAY PAY It is the policy of the Town to grant paid time off to eligible employees on the Town Council-approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. However, if anon-exempt employee is required to work on aTown-approved holiday, the employee is also eligible for holiday pay. Section 3-8-1 Calculation of Holiday Pay A. Full-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated for eight hours paid time for the holiday: plus their regular rate of pay for time actually worked on the holiday. B. Part-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated paid time for the holiday, prorated to the employee's normal work schedule, plus their regular rate of pay for time actually worked on the holiday. C. Holiday pay will be at the employee's regular base rate of pay unless the employee works more than 40 hours in the work week that includes the holiday. Hours in excess of 40 hours in the work week shall he compensated according to the overtime and compensatory rules set forth in this Chapter. Section 3-8-2 Exempt Employees FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. Exempt employees will receive their normal rate of pay for the work week regardless of whether or not they work on aTown-approved holiday and regardless of whether they are on a standard or alternative work schedule. {ooozz66i.noc i io}3-18 CHAPTER- 3 J~L+ I~IARA~4A COMPENSATION ~`'ti ~',t' 1 \ t0 W N OF MA~2AWA Policy 3-9 ADJUSTMENTS TO PAY Section 3-9-1 Promotion A. The Town encourages succession planning to develop in-house talent for promotional opportunities. Generally, promotions are made using a competitive recruitment process. With sufficient justification and the approval of the Human Resources Director, a competitive recruitment process may be restricted to internal applicants or waived entirely for promotional opportunities. Internal candidates who are selected for a promotional position must possess all of the minimum qualifications for the position upon hire, unless the Human Resources Director or designee approves an exception that allows the employee to attain a particular certification ar other requirement as a condition of successful completion of the initial evaluation period. B. ~ a~pon promotion n emplovee shall ~e r ceive a gav increase of five percen above the emplovee's reaular base rate of pav arior to the promotion or to the minimum ~+ +"~-~t^T level of the yew salary rye r e for the promotional position er~we ~eFSer~t, whichever is greater. In extenuating circumstances, the Town Manager or designee may consider additional pay at the time of promotion; however, in no circumstance shall the promoted employee's rate of pay exceed the salaries of incumbents in the same or similar positions. Section 3-9-2 Demotion A. An employee may move to a position in a lower classification due to reorganization, reclassification or reduction in force. In these situations, the employee's salary shall be reduced to an amount that does not exceed the maximum of the. new arv arade ge. If the employee's salary in the higher classification does not exceed the rate of pay for the new salary ra fie, the employee's salary may remain unchanged upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. B. An employee may move to a position in a lower classification due to performance issues or disciplinary action. In these situations, the employee's salary shall be reduced by the percentage difference between the mid-point of the higher classification salary rode age and the mid-point of the lower classification salary r die fie. Section 3-9-3 Lateral Transfer A lateral transfer occurs when an employee transfers from one position to another position stays in the same salary grade . There shall be no change to the employee's salary for a lateral transfer. {oooaa66r.noc i ro}3-19 CHAPTER 3 ,~..~~~ I~~[~ANA COMPENSATION ~`'/I\ town c~ttn~,? rak Section 3-9-4 Reclassification A. When a position is reclassified to a h^'9T~ classification t a hiaher salary arade, employees in that position shall be eligible for the same pay increase as provided upon promotion. B. When a position is reclassified to a sewer classification at_a_ tower salary arade, the salaries of employees in that position may be "frozen" or °redlined'` until the employees' salaries are at or below the top of the salary ~ e for the new classification. Salaries shall only be frozen or redlined upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. When salaries are frozen or red-lined due to a reclassification to a lower classification, employees may only receive lump sum performance awards until their salary is at or below the top of the salary c r~ a for the new classification. - C. When a position is reclassified to a classification at the sarrae salary arade. the salaries f ovees in that position will ordinarily not chance. However. the Department Head Director shall review the recommendation.. and then make a recommendation to the T wn Manaaer. The Town Manaaer' d_~Gision is_fi_naLan~i~ not subject to anneal under e personnel action review procedures set forth in Ghapter 5 of these Personne Policies and Procedures. Section 3-9-5 Effective Date of Pay Changes A. Changes in pay rate, benefits, classification; working conditions and employment status shall be documented on a Personnel Action Form (PAF) signed by the Department Head~~'°n°r^~ nn~n~n°r e chain of authority above the level of Department Head. where applicable. the Human Resources Director, ~ Finance Director and the Town Manager or designee. The PAF shall be made a part of the employment history record of the employee. No change to an employee's pay rate, benefits, classification, working conditions or employment status shall be implemented unless accompanied by an approved PAF. B. Unless otherwise specified in these Personnel Policies and Procedures or by Town Council action, the effective date of adjustments to pay shall be the first day of the next pay period after the adjustment is made. Adjustments to pay for employees on unpaid leaves of absence shall be implemented upon the employee's return to work. Reg {00o2266r.noc i to}3-20 filar Council Meeting -November 16, 2010 -Page 111 of 132 ~'*~ CHAPTER 3 I~AI~ANA COMPENSATION ~~'/ I TOWN OF MARANA Section 3-9-6 Special Assignment Pay A. Special assignment pay may be provided to employees who are engaged in one of the following activities: 1. Working out-of-classification in a higher level classification 2. Performing additional duties outside of the scope of the employee's regular classification for a limited period of time, such as assuming some or all of the responsibilities of a vacant position 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities B. Special assignment pay begins when the employee is assigned the additional duties or begins working out of classification. C. Special assignment pay shall _taormally be at the rate of five percent of the employee's regular base rate of pay. If an em I~oyee assumes the full responsibilities of a vacant position in a hiaher classification. special ~sianment pav shall be at the rate of five oercent of the emolovee's reaular base r ~ of~ay unless this increase does not raise Additionally u^' the Human Resources Director may recommend special assignment pay of up to 10°,~e of the employee's regular base rate of pay in extenuating circumstances. D. The Department Head or the h in f where apalicable must request special assignment pay in writing. All special assignment pay must be approved by the Human Resources Director and the Town Manager or designee. Special assignment pay shall be approved in six month increments, not to exceed a total of one year. E. Any increases to base pay that are made while an employee is receiving special assignment pay, such as pay for performance awards, general increases or market adjustments, shall be calculated using the employee's regular base rate of pay before the application of the special assignment pay. The special assignment pay may be recalculated after increases are added to the employee's base rate of pay. Section 3-9-7 Call-Out Pay When anon-exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform {00022~~.poc i io}3-21 CHAPTER 3 ,.;- ,~ 1~11~~~1~~ COMPENSATION t1~~~\~ TOWN QF ?<1A4kNA unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call-out and shall include travel time to and from the place the employee is directed to report to work. The Department Head or designee or the chain of authority above the level of Department Head. where applicable must authorize all call outs. Section 3-9-8 On-Call/Stand-By Assignments; On-Call/Stand-By Pay The Town Manager may designate certain non-exempt positions as eligible to receive on-call and/or stand-by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain authority above the level of Department .Head who have such positions in their chain-of-command shall determine the length, duration and rotation of on-call or stand-by assignments. The rate of pay for on-call and stand-by assignments shall be determined by the Town Manager based on budget capacity with consideration given to the rates paid for comparable assignments in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. Section 3-9-9 Shift Differential Pay Shift differential pay shall be provided to non-exempt employees for any hours worked between 6:00 p.m and 6:00 a.m. Shift differential pay is an hourly amount added to the employee's regular base rate of pay. Shift differential pay shall be determined by the Town Manager based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. {00o2266i.DOC i io}3-22 CHAPTER 3 MA~RAI~~ COMPENSATION ~`~ ~/ I s~~,~~ os «a~~~ Policy 3-10 EMERGENCY CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that an emergency occurs during non-working hours, Department Heads or those in the chain of authority above the level of Department Head will be responsible for notifying the affected employees. Section 3-10-1 Pay During Emergency Closures A. When operations of the Town or any part of the Town are officially closed due to emergency conditions, the time off from scheduled work will be paid. B. Employees in essential operations may be asked fo work because of emergency conditions on a day when non-essential operations are officially closed. If the hours worked are within the normally scheduled work day and work schedule; the employee will receive the regular base rate of pay. Any hours actually worked during an emergency closure shall be included as hours worked for the purposes of calculating overtime in a work week. {ooozzb6i.noc i io}3-23 ~ CHAPTER 3 MA~A~A COMPENSATION ~ti~`'/!O TOWN CF AtitAHAPdk Policy 3-11 VEHICLE ALLOWANCEITAKE-HOME VEHICLES The Town Manager may authorize a monthly vehicle allowance or the use of a Town take-home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a position when granting a vehicle allowance or providing a Town take-home vehicle. Section 3-11-1 Unclassified Employees A. The Town Manager may provide a vehicle allowance or take-home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. B. The Town Manager may authorize the use of a Town take-home vehicle in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-2 Classified Employees The Town Manager may authorize the use of a Town take-home. vehicle for a classified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-3 Vehicle Allowance A. The Town Manager shall establish monthly vehicle allowance rates within Town Council-approved budgetary limits. B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a take-home vehicle and may not request mileage reimbursement for local travel within a one-way direction of 25 miles from the employee's regular work location. Section 3-11-4 Take-Home Vehic{es A Town employee who is authorized the use of a Town take-home vehicle may not receive a vehicle allowance during the same time period. {oooz266i.noc i io}3-24 ~''+,~, CHAPTER 3 -~' f1~AR~~I~ COMPENSATION tip; '~ ~ TQWN flF" t<".AAANk Policy 3-12 RELOCATION AND INTERVIEW EXPENSES Section 3-12-1 Relocation Expenses A. The Town Manager, in his or her sole discretion, may authorize reimbursement of relocation expenses for a newly hired unclassified employee in an amount of up to $5,000. B. Reimbursement of relocation expenses shall be a one-time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses.. must occur within the 12-month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation. expense reimbursement. Section 3-12-2 Interview Expenses In an effort to attract and consider candidates with exceptional qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marano for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. {ooo~zz66i.noc i ro}3-25 CHAPTER 3 ~~ MAI~Af~A COMPENSATION rt~wa oF~A~~a Policy 3-13 CONFLICT WITH MEMORANDUM OF UNDERSTANDING Section 3-13-1 Conflict with Memorandum of Understanding If any of the provisions of this Chapter conflict with the provisions of any memorandum of understanding between the Town of Marana and a designated public safety employee organization, as referenced in Title 4 of the Marana Town Code, the memorandum of understanding shall govern for those positions that are subject to the provisions of the memorandum of understanding. {00o2266i.noc i io}3-26 ,r.i~.. ~~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council Item D 2 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment Discussion: This item presents proposed changes to the Town's Personnel Policies and Procedures, Chapter 8 - Termination of Employment, for discussion and consideration. Added text is shown on the attachment with double underlining and deletions are shown with strike-out text. During recent discussions with Marana Police Department personnel regarding the layoff procedure, an issue surfaced regarding the lack of job protection for higher ranking and longer tenured officers. The current layoff procedure as set forth in Chapter 8 does not allow a higher ranking and longer tenured officer to "bump" to a lower rank in which they have previously served (i.e. a Lieutenant is not allowed to "bump" down to the classification of Sergeant, and a Sergeant is not allowed to "bump" down to the classification of Police Officer). The policy changes provided in the agenda materials incorporate language that will provide the ability for sworn public safety personnel to "bump" down to lower ranks. Other proposed changes to this chapter include language pertaining to a "tie breaker" in the case where two employees hold the same seniority date for layoff purposes, clarification of the employee exit process which should be coordination between Human Resources and the employee's department for collecting town property as the employee is separating employment, the delivery method for an employee's final paycheck, designation of an employee's last day of employment as the actual last day worked (except in cases where the employee is on leave and must separate .unexpectedly), and better guidance regarding the release of information to other parties requesting verification of previous town employment. Consistent with Ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures may not be adopted at the council meeting where they are first presented, but must be considered and discussed at one council meeting and then proposed for adoption at a subsequent council meeting. This is the first presentation of the proposed changes to Chapter 8. Following the council's discussion and direction this evening, final adoption of these policies may be scheduled for the December 7, 2010, council meeting. Regular Council Meeting -November 16, 2010 -Page 118 of 132 Financial Impact: None ATTACHMENTS: Name: Description: Type: O Draft revisions_to_Chapter_8_ (00022598-8).DOC Proposed revisions to Chapter 8 Backup Material Staff Recommendation: Staff recommends that the proposed changes to Chapter 8 of the Town's Personnel Policies and Procedures be brought forward for adoption by the Mayor and Council at the December 7, 2010, regular meeting. Suggested Motion: I move to direct staff to bring back the proposed amendments to the Town's Personnel Policies and Procedures Chapter 8 -Termination of Employment as discussed for adoption at the December 7, 2010, council meeting. Regular Council Meeting -November 16, 2010 -Page 119 of 132 ~ CHAPTER 8 ~~ =-'- ~.-, ~l~~A~~ TERMINATION OF EMPLOYMENT ~:~.1,,,~1 t ~. ~~ t~~~~,h,.~~~~g Pic A~1F 8-1 EMPLOYMENT END Employment with the Town of Marana may be ended voluntarily or involuntarily. Section 8-1-1 Service Retirement Service retirement is voluntary termination after the em~lo~ h?~ satisfied the employment requirements of t~ applicable retirement system ~r~~~edu~ee. Section 8-1-2 Disability Retirement Disability retirement is voluntary termination necessitated by an injury or illness that renders the employee incapable of performing the essential tasks of his or her usual job. The termination is preceded by a letter from ~ the employee to his or her supervisor advising of the disability ruling, date of termination, supporting documentation, and a ruling by the appropriate agency verifying the disability and approving the retirement. Section 8-1-3 ~^^^'^••°°-'^'~'°*°~' Resignation Ah °~•^^'^•~°°-~^~'~°+°~' resignation is voluntary termination for any reason other than formal retirement. t is customary and expected that ,4an employee wiles :~lea•~° *"~,~;;n provide a written resignation to his or her immediate supervisor at least 14 calendar days prior to the effective date of resignation. During this 14-dav period t#ae ••~eekv~af~r~ t'„~° ~ffo^+;•,° ^'^*°, the employee will be xoected to perform the normal functions-of_his or her lob and to be available #e~we~h to aid assist in the training of a replacement or in the transition of lob duties to another employee. Employees may request to use vacation r r I ri - r h rv' r may deny a request on he grounds'that the arantina of leave will impede the operational eeds of the der~ar#ment Employees may use sick leave during this 14-dav period in accordance with the' Town's sick leave policies and procedures. ~~^°^+,^.,~ +^ +"° +;.,,,^ ~,.,,;+ nted ~Tthe Tnuin I~A~n~iv°r. Section 8-1 -4 Termination during Initial Evaluation Period During the initial evaluation period, an employee may be terminated at any time, with or without cause;. i~ The Department Head shall make the decision to terminate with the of the General Manager. where applicable. and after consultation with and approval by the Human Resources Director. +~ u~~~~ Reg lar Council Meeting -November 16, 2010 -Page 120 ~Ob~2598.DOC / 8}$ - 1 ~~ ~~~~~~ '/ ~ `~. ~~w~aF~~~a~=~~ CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-1-5 Bi~a+~~ge Termination ~e is ~ involuntary aermanent removal of an employee #y from emolovment with the Town. The terms "termination" and "discharge" are some im_ es used interchanaeably in these Personnel Policies and Procedures. Section 8-1-6 Layoff and Recall A. Definitions 1. A layoff is a reduction in the Town's work force due to a shortage of work or funds or a material change in duties or organization. Layoffs shall not be used in lieu of discipline. 2. For purposes of this section, seniority shall be defined as an employee's total length of continuous service with the Town as a probationary/regular employee. f ther ' tie in seniority. seniority shall then be determined by the date of the emolovees' ntrv into the iob classification occupied. If there is still a tie. seniority shall then be B. Applicability The provisions of this section apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. 2. The provisions of this section do not apply to unclassified employees, probationary employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. However, unclassified employees, probationary employees and other at-will employees may be subject to job elimination or termination due to a shortage of work or funds or a material change in duties or organization.. Reg lar Council Meeting -November 16, 2010 -Page 121 gt6b~2598.DOC / 8}8 - 2 ters aoaearina earlier in the alphabet (i.e.. A - hall confer more seniority on an ovee. In the next fiscal vear in which this tiebreaker is annlied letters a oearina later in the alphabet (i.e.. Z - A) shall confer more seniority on an molovee Thereafter. the Town will continue aoolvina this alternating pattern whenever this tiebreaker is a~ In ied. -- ~-__, ~"~~ !~A[7AI~A ~~~ I'JWN OF MARANR CHAPTER8 TERMINATION OF EMPLOYMENT C. Bumping 1. he bumping provisions described in this section shall only apply to Arizona Peace fficer Standards and Training (AZPOSTI-certified employees serving in the Police D partment and Police Department employees attending a police academy. 2. Anv regular AZPOST-certified Police Department empl~cee who is identified for avoff in accordance with this section may be permitted to "bumb". that is. assume a t~osition in the next lower classification within the department provided that: The employee has more seniority than at least one employee in the lower classification; and The employee has successfully completed an initial evaluation period in the lower classification in the department: and e employee meets the minimum qualifications of the position and can perfor the essential functions of-the position. 3. If another lower classification exists within the depa ment. the employee who is bumped from a position may be permitted to bump into or assume a position in the next lower classification within the departmentprovided that_ the employee meets ualifications set forth in subparagraph 2 above. 6~. Layoff Plans Layoffs shall be accomplished on a department basis in accordance with a layoff plan prepared by the Department Head and approved by the General Manager, where.. applicable the Town Manager's Office, the Human Resources Department and the Legal Department. 2. The layoff plan shall include the reason for the layoff, a list of each position subject to layoff by classification and a list of the employees holding the positions within the specified classification(s). The lavoff plan shall also include a description of anv ping rights applicable to anv of the employees included in the lavoff plan. 3. Regular full- and part-time classified employees in grant-funded positions shall not be subject to layoff. 4. In any approved layoff plan, all vacant positions in the specified classification(s) within the department shall first be eliminated. Next, all temporary and/or probationary employees occupying the specified classification(s) within the department shall be terminated prior to the layoff of any regular employees in the specified classification(s) within the department. Regular employees within the Reg lar Council Meeting -November 16, 2010 -Page 122 ~,02598.DOC / 8}8 - 3 ..~" ,~, ~~ N~Af~AI~A %!~ 7~~WN Oi MARANA CHAPTER8 TERMINATION OF EMPLOYMENT specified classification(s) within the department shall then be laid off in inverse order of seniority. Emolovees who have the option of exercising bumoina rights shall be given notice of he lavoff plan and of their right to bump into the next lower classification within the enartment. The notice shall inform the emolovee of the emrJlovee's oooortunity reauest a meeting with the Chief of Police in order to respond to the seniority calculation that is the basis for the bumping rights. Within 30 calendar davs of r ceiot of this notice. the emolovee shall inform the Town in writing whether he or he will exercise those bumDlna rights. Upon receipt of the emplovee's written notification. the lavoff elan will be finalized and implemented in accordance with this section. ~E. Notice of Proposed Layoff 1. ff a After finalization of the lavoff elan +seue~, the Department Head shall issue a notice of proposed layoff to each employee who will be laid off. The notice shall. inform the employee of the employee's opportunity to present a written response to the proposed layoff and to attend apre-layoff review meeting with the Department Head at a scheduled date, time and location. 2. The notice of proposed layoff shall be issued to each affected employee at least seven calendar days prior to the pre-layoff review meeting. €F.Pre-Layoff Review Meeting 1. The pre-layoff review meeting shall take place at least 14 calendar days prior to the proposed effective date of the layoff. 2. The pre-layoff review meeting shall not be an adversarial hearing. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of proposed layoff. The employee may have anon-attorney co-worker of the employee's choosing present during the pre-layoff meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. 4. Any relevant information presented by the employee during the pre-layoff review meeting regarding the proposed layoff shall be considered by the Department Head. 5. Failure by the employee either to attend the pre-layoff review meeting or to timely submit a written response to the notice of proposed layoff shall be deemed a waiver of the employee's right to do so and the proposed layoff shall be implemented as specified in the layoff plan. Reg lar Council Meeting -November 16, 2010 -Page 123 ~0't)~2598.DOC / 8}8 - 4 ,,~ CHAPTER 8 ~l~~iA~~ TERMINATION OF EMPLOYMENT *; ~'% l ~, ILS`JdN :JL 4dA24NA ~~. Notice of Layoff After the pre-layoff review meeting, the Department Head shall advise the employee in writing of the decision regarding the proposed layoff. The decision shall be approved by the General Manaaer. where applicable. the Town Manaaer's Office. the Human Resources Department and the Leaal Department. This notice of layoff shall be issued as soon as possible and at least 14 .calendar days prior to the effective date of any layoff. 2. The original notice of layoff shall be submitted to the Human Resources Department and a copy shall be provided to the employee. 6Fi. Personnel Action Review Board (PARB) Review 1. Employees who are laid off pursuant to the provisions of this section may request to have the layoff decision reviewed by the Town's :Personnel Action Review Board (PARB). 2. To request PARB review, eligible employees must submit a written request for review, on a form provided by the Human Resources department, to the Human Resources Director within ten calendar days after the effective date of the layoff. 3. Within ten calendar days of receipt of the employee's request for review, the Human Resources Director shall submit the request for review to the PARB. 4. Upon receipt of the employee's request for review, the PARB, or the Human Resources Director in con}unction with the PARB Chairperson, shall set a date for a review. hearing. The hearing should take place within 30 calendar days of the PARB's receipt of the request for review, unless the time is extended by the PARE, or unless the PARB is unable to hold the hearing within that time, or for other good cause. 5. The review by the PARB shall be only to ascertain whether the Town has complied with the provisions of these Personnel Policies and Procedures relating to layoffs. The PARB has no authority to and shall not review whether the shortage of work or funds or the material change in duties or organization justified the layoff or whether alternative means may have been available to the Town. In all other respects, the hearing shall proceed in the manner set forth in Policy 5-6 of these Personnel Policies and Procedures or as otherwise determined by the PARB. 6. Upon conclusion of the review hearing, the PARB shall render a written decision which shall contain findings as to whether the provisions of these Personnel Policies and Procedures relating to layoffs have been complied with. The decision of the PARB shall be final and is not appealable within any Town process. Reg lar Council Meeting -November 16, 2010 -Page 124 aLfp2598.DOC / 8}8 - 5 "`~~ l~A~ANA TOVv'N OP hA.4RANA CHAPTER 8 TERMINATION OF EMPLOYMENT 7. Failure by the employee to file a written request for review within ten calendar days after the effective date of the layoff, unless explained to the satisfaction of the PARB, shall operate as a bar to further recourse by the employee. #1. Pre-Layoff Transfer Layoff decisions shall be coordinated among Town departments to provide possible transfer of employees to positions in other departments for which the employees qualify. 2. An employee subject to a pre-layoff transfer retains all accrued sick and vacation leave and compensatory time. ~, The employee shall serve an initial evaluation.. period in the classification the employee transfers into +# unless the employee has oreviously ~ completed an initial evaluation period in that classification and in that department ffr~vie~s4y. fJ. Recall 1. An employee who has been laid off pursuant to the provisions of this section shall be recalled within one year of the layoff if the employee's previously-held job is reopened or if a similar job for which the .lard off employee is qualified becomes available. The Town is not required to follow the competitive hiring process to recall a laid off employee. 2. An employee subject to a pre-layoff transfer is subject to recall in the same manner as an employee who is laid off. d}S. Coordination with the Worker Recession assignment Program (WRAP) If any of the provisions of this section conflict with the provisions of the Town's Worker Recession Assignment Program (WRAP), the provisions of the WRAP shall govern for those employees who are serving in a WRAP assignment under the provisions of that program. Reg lar Council Meeting -November 16, 2010 -Page 125 ~6t)~2598.DOC / 8}8 - 6 `~~ =~- --, E~/-~2/~I'~A .,,,~.~.~~ 1 ~~.. .,w.,~,= T'JVv'N 0= PdAP.AEdA CHAPTER 8 TERMINATION OF EMPLOYMENT Policy 8-2 EXIT PROCESS The Human Resources Department is responsible for coordinating the exit process with the Department Head, he chain of authority above the level of Department Head and the Finance Department. Section 8-2-1 Exit Clearance The emplovee's Department Head shall ensure '^^'~,,,~d~~„-tk~~~.hlea~.^~a ver~#isatie-~ that all Town-issued equipment, materials and supplies, i~l_udina. but not limited t4 s~rsq-as keys, identification cards, Town credit cards and uniforms, ~~^+~-°~.; have been returned as part of the emnloyee's final exit clearance. Section 8-2-2 Exit Interview Regular full-tie and fegtrlar part-time employees will normally participate in an exit interview. Th^ ;^+e~,;e,., ,,,,;rr nnrm~lhi h^ scheduled prior to the last day of employment. Documented comments aathered fron~The g€xit !}nterview shall be maintained separately from the employee's personnel file. Temporary employees do not ordinarily participate in an exit interview unless they volunteer to complete the interview. Section 8-2-3 Final Pay Check A. The Finance Department shall be notified of the employee's separation date through tf-e ~. Personal Action Form. Employees shall.. receive pay for work performed through the last hour worked and for unused benefits as stipulated by Town policy and laws governing e~ fin payments. Terminated employees must be issued their final pay check within ~ three working days of the effe ive date of the termination or at the end of the next reaular ~av ep riod" whichever..: is sooner. roni i~rom^n4 ~~-rTCrtr. 2. ""~"e:--employees who leave the employment of the Town 1~v means other than termination will be paid at the close of the next regular pay period. 3. Costs of unreturned Town property will be deducted from the final paycheck. 4 The Town will not distribute the final pay check to the employee via direct deposi he employee may either nick up the final pay check or reauest that it be mailed to the employee. The employee's selection shall be indicated on the final exit clearance form. Reg lar Council Meeting -November 16, 2010 -Page 126 orf2598.DOC / 8}8 - 7 „~ CHAPTER 8 ..._, ~`- ,~~ ~~R~~~ TERMINATION OF EMPLOYMENT ~"~°~% ! \ ~~~ rowa ~F a~AannNA B. Befere th . {~^'r ^~~~nnes~r<-,;^~Qed +^ +"° °^~^'^~~°°, ~1t is the responsibility of the Department Head to ensure that the employee has completed final clearance end that all items, includina the Personnel Action Form, the exit clearance checklist and the final ' e sheet/attendance record. have been properly completed and forwarded to the uman Resource Department and the Finance Department within the reauired time frames for issuance of the final pay check. the Dcrcnnnel An#inn Cnrm Section 8-2-4 Continuation of Benefits A. t# . The continuation of benefits_is subject to the oto~risions of each benefit plan and coveraae ma~vary• " B. Employees eligible to continue health benefits through GO-~R-A- and H-I-P-A-A- will eceive be notificatione~ h" u~~m~n Dccn~~rncc within the time limits determined by law. mplovees are expected to be present and to work on their final work day to facilitate-the exit clearance process Repuests to use vacation or personal leave will be considered as described in Section 8-1-3 of-3 of these -Personnel 'Policies and Procedures. Employees may use sick leave in accordance with the Town's sick leave policies and procedures Reg lar Council Meeting -November 16, 2010 -Page 127 ~01>i~2598.DOC / 8}8 - 8 ,~ CHAPTER 8 ,~- ~„~ I~ARA1~~4 TERMINATION OF EMPLOYMENT TOY7N O: hARA~43dA Policy 8-3 VERIFICATION OF PREVIOUS TOWN EMPLOYMENT emolovee's dt3ates of employment, job classification~sl, rates of pay, departments ~^ ~•~ple~ree ref worked in and eligibility for rehire `"" per in response to e+e n r requests for emplovment verification. ~4d~itieeal If the rec~uestor submits a Reg lar Council Meeting -November 16, 2010 -Page 128 ~0'~2598.DOC / 8}$ - 9 CHAPTER8 ~/L~l~~;~ TERMINATION OF EMPLOYMENT .. titiv/ l ~ ~~ti~ L'3WFf OF MAR,ANA Policy 8-4 RE-EMPLOYMENT Section 8-4-1 Eligibility Regular employees who resign from Town service ' may be considered for re-employe~m n ;-uftsr~-~r~# tl~e n°n^r+mnn+ 1--In^,, to a classification in which the ovee had oreviously completed an initial evaluation_period without going throuah a competitive recruitment arocess. if the emalovee returns whin six months of resignation d if h r- r m n H i f hority above the level of Department Head esst+pfed~-f"° ^{ r°°i^^°+i^n Cmnlnvnnc~ r mm~lnvnrl uii+hin 4!1 rlwc~ ^r° n c'rlor°rl +n h.evn rnn4" The former emalovee must notify the Human Resources Department of his or her desire to be re-em I~oyetl: __ _ ~-1~i_~. r -emolovment is not guaranteed. Former employees may also ant3ly for poste oeninas throuah the regular comoetitive recruitment process. • ~jihln fnr °_ mn~rm°n+ in +~.~ ,_~~ ~#inn nr nhc~+ hii i hn rn_°mnln~i°r! in +hn e~.~.:.7J"rsTC-rm~~cn ~cn `1ri~vrr-v~--vrc~vv~trf fil~a~ A. Re-employed employees who return to Town emolovment within six months of their ' n are not required to complete an initial evaluation oeriod if they ha previously completed the initial evaluation period in the same classification and in the s me department prior to resignation. B. Re-employed employees who return to Town employment more than six months after heir resignation must serve the initial evaluation period required by the position. regardless of whether the emalovee previously completed the initial evaluation period in the same classification and the same department prior to resignation. Reg lar Council Meeting -November 16, 2010 -Page 129 Qti1Q(~598.DOC / 8}8 - 10 ,~ CHAPTER 8 ~/~~ANA TERMINATION OF EMPLOYMENT .~-~ .~~~-~=.~ 1 ~'~ x~wH o= nnnearaA C. All re-emnloved employees must serve an initial evaluation period for any subsequent demotions. transfers or promotions. regardless of whether the employee previously completed the initial evaluation period in the same classification and the same epartment prior to resignation. Section 8-4-~~ Compensation and Benefits A. An em o jai re-employed in his or her former position or in another osp ition ny^`;e~~irJ ~# the e.~me n.e~i .~# #ho 4ime ho ~r ch~of} }ho Tn~~.n nrnvir~or~ #h~# the ro_ will be subject to a compensation policies and practices ~e~isier~s for new hires aardless of the employee's previous come nsation at the time of separation:° B Future performance aav increases for a re-employed employee will be in accordance with the performance management policies and procedures set forth in Policy 3-5 of these Personnel Policies and Prodlures. C. the employee will not be reauired to serve the waiting period described in Section 4-1-5 ofthese Personnel Policies and Procedures before using vacation p°-°^~^'^~~^~°^+ °~'°~ ~~i~i#inn norinrl fnr in i r~nrn hanofi#c D. ovee re-employed in his or her former position or another position within six months after the employee's resignation shall have his or her previous accumulated sick leave balance restored E. ependina Upoll the provider and the elan. separation and re-employment may b considered a break. in service for purposes of insurance benefits and the employee may e reauired to serve the reauired waiting period before receiving insurance benefits. Reg lar Council Meeting -November 16, 2010 -Page 130 Q6Q($~598.DOC / 8}8 - I 1 ,,,~ CHAPTER 8 .....:, ,-~-- ~, ~ARANA TERMINATION OF EMPLOYMENT PJV,'N OF MARANA A former employee's personnel file will be re-activated upon re-employment with the Town. if the personnel file has not been disposed of in accordance with the Town's records retention schedule. Section 8-4-3 Military Service An employee who resigns from Town service to enter active duty in .the armed forces, voluntarily or involuntarily, will be severed--~ u ' t Q the rarovisians of the Uniformed Services Employment and `~°'~~ Reemployment Rights Act of 1994 (USERRA) and any applicable Arizona law. Section 8-4-4 PSPRSelia=e €tie+~ Police employees who retire under the Public Safety Personnel Retirement System PS( PRS) are ^^+ ^^~~°~°a ~~^~'°~ subject to the re-employment provisions of PSPRS tfi+s ~sl+sy. f any of the provisions of this policy conflict with the re-employment provisions of SPRS. the provisions of PSPRS shall govern for those employees covered by PSPRS. Separation and re-employment is not considered continuous service when determinina_ eniority for layoff purposes. Reg lar Council Meeting -November 16, 2010 -Page 131 Q6Q($~598.DOC / 8}$ - 12 ~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 16, 2010, 7:00:00 PM To: Mayor and Council From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Not Applicable Item D 3 Subject: Legislative/Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -November 16, 2010 -Page 132 of 132