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HomeMy WebLinkAbout06/21/2011 AMENDED Regular Council Agenda Packet MARANA , /'I\ m,w MARANA TOWN COUNCIL Amended on 611612011 @ 4:15 p.m. - REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 21, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor David Bowen, 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_c_ourtes t o others p tu off or put in silent mode all pagers and cell phones. Meeting Time 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. Sneaking at Meeting 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 - June 21, 2011 - Page 1 of 204 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. Ag endas 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, June 20, 2011, 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. Individuals addressing a meeting at the call to the public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the town's overhead projector /document reader. 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 Billy Schisler Proclamation Parks and Recreation Month Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine Regular Council Meeting - June 21, 2011 - Page 2 of 204 items not requiring Council discussion. A single motion will approve all items on the Consent 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: Reso lution No. 2011 -59: Relating to Employment; approving and authorizing the Mayor to execute a Second Amendment to Employment Agreement with Town Manager Gilbert Davidson (Jane Fairall) C 2: Resolutio No. 2011-60: Relating to the Police Department; approving and authorizing the Town Manager to execute a Grant Agreement (HT20 -10 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program (T VanHook) C 3: Resol ution N 2 -61: Relating to the Police Department; approving and authorizing the Town Manager to execute a Grant Agreement (HT21 -11 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program (T VanHook) C 4: Ordinance No. 2011.14: Relating to Administration; amending Marana Town Code Title 3 "Administration," amending section 3 -1 -3, deleting section 3 -2 -13 and renumbering section 3 -2 -14; removing the position of police commander from the town's unclassified service (Jane Fairall) C 5: Resolution No. 2011 -62: Relating to Community Development; approving and authorizing an intergovernmental agreement with the Regional Transportation Authority of Pima County for the sharing of costs involved in the design and construction of bus shelters and related infrastructure within the Town of Marana (T VanHook) C 6: Resolution N o. 2011 -63: Relating to Community Development; approving and authorizing an intergovernmental agreement with the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelters within the Town of Marana (T VanHook) C 7: Minutes of the April 19, 2011 regular meeting and the June 7, 2011 regular meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #4 (Wholesale) liquor license application submitted by Bryant S. West on behalf of Cordon Distributors located at 6260 N. Travel Center Drive, Ste K -3 BOARDS, COMMISSIONS AND COMMITTEES B 1: Resol No. 2011 -64: Relating to Boards, Commissions and Committees; re- appointing Gary Davidson, Scott Mundell and Marsha Johnson Regrutto to the District Board of the Dove Mountain Resort Community Facilities District (Jocelyn Bronson) B 2: P UBLIC HEARING: Resolution No. GFCFD 2011 -02: [ Marana Town Council acting as the Gladden Farms Community Facilities District Board of Regular Council Meeting - June 21, 2011 - Page 3 of 204 Directors]: A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012. (Erik Montague) B 3: PUBLIC HEARING: Resolution No. GFCFD2 2011 -02: [ Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms (Phase II) Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms (Phase II) Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 (Erik Montague) B4: PUBL H EA RIN G: Res olution No. SSC 201 02 :[Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of the Saguaro Springs Community Facilities District, Pima County, Arizona, approving the final budget for the Saguaro Springs Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 (Erik Montague) B5: PUB LIC HEARING: Resolution No. VFCFD 2011 -02: [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 (Erik Montague) COUNCIL ACTION A 1: Ordinance No. 2011.15: Relating to Building; adopting the building plan review and building permit fee schedule and fee calculation method; and designating an effective date Resolution No. 2011 -65 Relating to Building; declaring the building plan review and building permit fee schedule and fee calculation method as a public record filed with the Town Clerk (Keith Brann) A 2: Ordinance No. 2011.16: Relating to Finance; adopting the amended Town of Marana Comprehensive Fee Schedule and designating an effective date Resolution No. 20 11 - Relating to Finance; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed with the Town Clerk (Erik Montague) A 3: Resolutio No, 2011 -67:_ Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2011 -2012 (Suzanne Machain) A 4: Resolution No. 2011 -68: Relating to Personnel; approving a salary schedule for temporary employees for fiscal year 2011 -2012 (Suzanne Machain) A 5: PUBLI HEARING: Re solution No. 20 11-69: Relating to Budget; adopting fiscal year 2011 -2012 final budget (Erik Montague) A 6: Relating to Mayor and Council; selection of Vice Mayor (Jocelyn Bronson) Regular Council Meeting - June 21, 2011 - Page 4 of 204 ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Legislative /Intergovernment Rep ort: 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 E 3: Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4), discussion Added Late or consultation with the town's attorneys for legal advice and to consider the town's position and instruct its attorneys regarding Marana's application for a Pima Association of Governments 208 amendment 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 - June 21, 2011 - Page 5 of 204 te n ... 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item C 1 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: _Resolu No . 2011 - 59:_ Relating to Employment; approving and authorizing the Mayor to execute a Second Amendment to Employment Agreement with Town Manager Gilbert Davidson Discussion: Arizona law requires that a severance pay provision of a professional services contract with a county, city, or town manager must end when the terms of the elected officials end. However, after an election has occurred, the severance pay provision may be reinstated until the end of the then- sitting members' terms. Consistent with state law, the original employment agreement with Town Manager Gilbert Davidson included a severance provision which automatically terminated on the date of the first meeting of the Town Council after Council Members elected in the Spring 2009 elections took office. In June 2009, the Council approved a First Amendment to the employment agreement, reinstating the severance pay provision until the Spring 2011 elections. Now that Council Members elected in the Spring 2011 elections have taken office, this Second Amendment to Town Manager Gilbert Davidson's Employment Agreement will reinstate the severance pay provision until the next council elections in Spring 2013. All other terms of the Agreement remain in full force and effect and are unchanged. ATTACHMENTS: Name: Description: Type: O Resolufor appmvgg -2nd Amendment tc Davidson s empbyment_agreemem_ Resolution Resolution (00026852)DOC Exhibit A - Second O Second_Amendment_to Gibert_Davidson_s _ employmentagreemem_ Amendment to Gilbert Exhibit (00026851).DOC Davidson employment agreement Staff Recommendation: Staff recommends approval of Resolution No. 2011 -59. Regular Council Meeting - June 21, 2011 - Page 8 of 204 Suggested Motion: I move to adopt Resolution No. 2011 -59; approving and authorizing the Mayor to execute a Second Amendment to Employment Agreement with Town Manager Gilbert Davidson. Regular Council Meeting - June 21, 2011 - Page 9 of 204 MARANA RESOLUTION NO. 2011-59 RELATING TO EMPLOYMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO EMPLOYMENT AGREEMENT WITH TOWN MANAGER GILBERT DAVIDSON WHEREAS the Town Council adopted Resolution No. 2008 -95 on July 15, 2008, approving and authorizing the Mayor to execute an Employment Agreement with Town Manager Gilbert Davidson and Resolution No. 2009 -91 on June 16, 2009, approving and authorizing the Mayor to execute a First Amendment to the Employment Agreement; and WHEREAS in accordance with state law and paragraph 1.2 of the First Amendment, the severance pay provision of the Employment Agreement automatically terminated on the date of the first meeting of the Town Council after Council members elected in the Spring 2011 elections took office; and WHEREAS the Council members elected in the Spring 2011 election have now taken office, and desire to reinstate the severance pay provision. NOW, THEREFORE, be it resolved by the Mayor and Council of the Town of Marana, Arizona that the Second Amendment to Employment Agreement with Town Manager Gilbert Davidson attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it on behalf of the Town. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21" day of June, 2011, Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 21, 2011 -Page 10 of 204 100026852JJOC 11 SECOND AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND GILBERT DAVIDSON This Second Amendment to Employment Agreement (this "Second Amendment') is entered into by and between the TowN OF MARANA, an Arizona municipal corporation, (the "Town ") and GILBERT DAvIDSON (the "Town Manager "). The Town and the Town Manager are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a "Part " y� RECITALS A. The Parties entered into an employment agreement (the "Original Agreement') dated July 16, 2008, approved by the Town Council by the adoption of Marana Resolution No. 2008 -95 on July 15, 2008. B. The Parties entered into a First Amendment to the Original Agreement (the "First Amendment') dated June 17, 2009, approved by the Town Council by the adoption of Marana Resolution No. 2009 -91 on June 16, 2009. C. In compliance with Arizona law, paragraph 1.2 of the First Amendment provided that the provision of the Original Agreement relating to the payment of severance automatically terminated on the date of the first meeting of the Town Council after Council Members elected in the spring 2011 elections took office. D. The Council Members elected in the spring 2011 elections have now taken office, and the Parties desire to reinstate and readopt the severance payment provision of the Original Agreement. AGREEMENT Now, THEREFORE, in consideration of the mutual promises made in this Amendment, the Parties agree as follows: Article 1. Severance Pay LI. Reinstatement and Readontion of Severance Provision Paragraph 4.1 of the Original Agreement relating to the payment of severance is hereby reinstated and readopted. 1.2. Severance Provision Term Paragraph 4.1 of the Original Agreement relating to the payment of severance, as reinstated and readopted by this Second Amendment, shall automatically terminate on the date of the first meeting of the Town Council after Council Members who are elected in the spring 2013 elections take office (approximately June 1, 2013). The then - sitting Town Council may reinstate or readopt a severance provision. 100026851.DOC /I 6/14/2611 SECOND AMENDMENT To TOWN MANAGER GILBERT DAviDsoN EMPLOYMENT AGREEMENT Regular Council Meeting - June 21, 2011 - Page 11 of 204 _ 1 _ Article 2. Miscellaneous 2. L Remainder of Original Agreement Unaffected Except for the modification of Paragraph 1.2 of the Original Agreement, as amended by the First Amendment, and the reinstatement and readoption of Paragraph 4.1 of the Original Agreement, all terms of the Original Agreement shall remain in full force and effect, unmodified by the terms of this Second Amendment. 2.2. Recitals The recitals set forth at the beginning of this Second Amendment are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 2.3. Entire Agreement This Second Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Second Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Second Amendment. 2.4. Severabilitv If any provision of this Second Amendment is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Second Amendment, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Second Amendment a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Second Amendment shall be deemed reformed accordingly. 2.5. Governine Law This Second Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 2.6. Interpretation This Second Amendment has been negotiated by the Town and the Town Manager, and neither Party shall be deemed to have drafted this Second Amendment for purposes of construing any portion of this Second Amendment for or against any Party. 2.7. Conflict of Interest This Second Amendment is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. [SIGNATURE PAGE FOLLOWS] 100026851.DOC /l 6/14/2011 SECOND AMENDMENT TO TOWN MANAGER GILBERT DAVIDsoN EMPLOYMENT AGREEMENT Regular Council Meeting - June 21, 2011 - Page 12 of 204 -2- IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the last date set forth below their respective signatures. TOWN: TOWN MANAGER: THE TOWN OF MARANA, an Arizona municipal corporation By: By: Ed Honea, Mayor Gilbert Davidson Date: Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 100026851.130C /j 6/14/2011 SECOND AMENDMENT TO TOWN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT Regular Council Meeting - June 21, 2011 - Page 13 of 204 -3- 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook , Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -60: Relating to the Police Department; approving and authorizing the Town Manager to execute a Grant Agreement (HT20 -10 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program Discussion: The Anti -Drug Abuse Act of 1988 and the ONDCP Reauthorization Act of 1998 authorized the Director of The Office of National Drug Control Policy ( ONDCP) to designate areas within the United States which exhibit serious drug trafficking problems and harmfully impact other areas of the country as High Intensity Drug Trafficking Areas ( HIDTA). The HIDTA Program provides federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems and design specific initiatives to reduce or eliminate the production, manufacture, transportation, distribution and chronic use of illegal drugs and money laundering. In Southern Arizona, the HIDTA Program helps improve the effectiveness and efficiency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information sharing, and implementing joint initiatives. These activities are coordinated by the City of Tucson (COT). COT also administers grant funding for the activities. A Marana Police Officer was tasked to a grant- funded position under the HIDTA Program for a short period in 2010 and then again in early 2011. The attached grant agreement provides the terms and conditions for the Marana Police in the HIDTA Program. Under the grant agreement, the Town of Marana will be reimbursed salary and other employee- related expenses of up to $83,422 for services provided in coordination with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA Program. The contract period runs between January 1, 2010 and December 31, 2011. No transportation, training, equipment, or other cost reimbursement is allowed under the contract. Financial Impact: The Town is not required to provide match funding under this award. Regular Council Meeting - June 21, 2011 - Page 14 of 204 ATTACHMENTS: Name: Description: Type: [] Resoludon_FHDTA_CNA —grant_2010_ (00026825).DOC Resolution Resolution O HT20_MARANAPD_1711 Grant_Agmt CNA.pdf 1HDTA Grant Agreement 2010 Exhibit Staff Recommendation: Staff recommends authorization of the Grant Agreement with the City of Tucson to receive funds under the High Intensity Drug Trafficking Areas Program for reimbursement for costs incured in 2010 and 2011. Suggested Motion: I move to adopt Resolution No. 2011 -60; approving and authorizing the Town Manager to execute a Grant Agreement (HT20 -10 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program. Regular Council Meeting - June 21, 2011 - Page 15 of 204 MARANA RESOLUTION NO. 2011-60 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT (HT 1) WITH THE CITY OF TUCSON TO RECEIVE FUNDING UNDER THE HIGH INTENSITY DRUG TRAFFICKING AREA GRANT PROGRAM WHEREAS the Anti -Drug Abuse Act of 1988 and the National Drug Control Policy Reauthorization Act of 1998 authorized the Director of the Office of National Drug Control Policy to designate areas within the United States which exhibit serious drug trafficking problems as High Intensity Drug Trafficking Areas ( HIDTA); and WHEREAS the Southern Arizona Counties of Cochise, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, and Yuma are designated target areas under the HIDTA Program; and WHEREAS the HIDTA Program provides federal funding to designated HIDTA areas to help eliminate or reduce drug trafficking and its harmful consequences; and WHEREAS the City of Tucson has been awarded funding to coordinate efforts and administer grants in the Southern Arizona Region on behalf of the Office of National Drug Control Policy under the HIDTA Program; and WHEREAS the City of Tucson has awarded grant funding to the Town of Marana to reimburse salary and employee - related expenses for services provided in coordination with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA Program between January 1, 2010 and December 31, 2011; and WHEREAS the Marana Police Department has assigned an officer to participate with the other community agencies as a regional partner in the HIDTA Program as part of CNA; and WHEREAS under the terms of the HIDTA Grant Program the Town of Marana is eligible to receive funds in the amount of $83,422.00 from the City of Tucson for participation in HIDTA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Grant Agreement HT20 -10 -1711 between the City of Tucson and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana. Regui*uauadd@A@W1W4I &jA, 2011 - Page 16 of 204 t60026826.DOC 4 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 Grant Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 21, 2011 - Page 17 of 204 Marana Resolution 2011 -60 2 100026825.00C 11 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT COT Grant Number HT20 -10 -1711 This Grant Agreement is made this 1 sT day of January 2010 by and between the CITY OF TUCSON hereinafter called "CITY" and TOWN OF MARANA, through Marana Police Department hereinafter called "GRANTEE ". The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11 -951, et seq., and the City of Tucson's Resolution number 21460, having satisfied itself as to the qualification of GRANTEE; NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2010 and terminate on December 31, 2011. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CITY. A request for extension must be received by the CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within ONDCP guidelines. 2. The GRANTEE agrees that grant funds will be used for the Pima County /Tucson Metro County Narcotics Alliance (CNA). 3. The CITY will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub- standard performance as determined by the CITY will constitute non - compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the CITY finds non - compliance, the GRANTEE will receive a written notice, which identifies the area of non - compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps, which are being taken to correct the problem, the CITY may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and /or conditions of this Agreement without prior written CITY approval may constitute sufficient reason for the CITY to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the parties. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the City of Tucson: City of Tucson Police Department HIDTA FIDUCIARY SECTION 270 S. Stone Tucson, Arizona 85701 Attn: HIDTA Financial Analyst Regular Council Meeting - June 21, 2011 - Page 18 of 204 High Intensity Drug Trargcking Area Grant Number H720-10 -1711 Page 7 B. If to the GRANTEE: Marana Police Department 11555 West Civic Center Drive Marana, AZ 85653 Attn: Town Manager Gilbert Davidson 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee's budget in an initiative or any reprogramming between initiative and /or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and /or the Office of National Drug Control Policy ( ONDCP) in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries $53,167.00 Fringe Benefits $14,260.00 Overtime $15,522.00 Travel $ 473.00 Facilities $ .00 Services $ .00 Operating Expenses: Supplies $ .00 Other $ .00 Equipment (listed below) $ .00 TOTAL 83 422.00 See attached for budget detail. 6. It is agreed and understood that the total to be paid by the CITY under this Agreement shall not exceed $83,422.00 in Federal funds awarded to the CITY by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities in accordance with the approved HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the CITY under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the CITY. No liability shall accrue to the CITY in the event this provision is exercised, and the CITY shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit 8. Regular Council Meeting - June 21, 2011 - Page 19 of 204 High Intensity Drug Trafficking Area Grant Mumber H720 -10 -1711 Page 3 10. The GRANTEE certifies that it will comply with OMB G'rcular A -102 Uniform Administrative Requirements for Grants and Cooperatve Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A -87 Cost Principles for State, Local and Indian Tribal Govemmentsand HIDTA Program Policy & Budget Guidance. Link: OMB Circu /ars httA: / /www.whitehouse.gov /omb /circulars /index.html 11. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CITY within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and /or electronic) relating to this Agreement and the performance of this Agreement for no less than five (S) years from the last financial report submitted to the CITY. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment, vehicles, and other items valued at $ 1000 or more at the time of purchase. This also includes lower cost, high -risk items electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.06 that use HIDTA funds to purchase equipment must maintain a current inventory of HIDTA - purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and /or the CITY upon request. A 100 - percent physical inventory of HIDTA - purchased equipment must be conducted at least every two years. 14. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A -102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1 -3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circu /ars http: / /www.whitehouse,gQv /omb /circulars /index, html The GRANTEE agrees the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the CITY. 15. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance. 16. The GRANTEE will comply with the audit requirements of OMB CircularA -133 Audits of States, Local Governments and Non -Profit Organizations and provide the CITY with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circu /arA -133 htto: / /www.whitehouse.gov /omb /circulars /index. html Regular Council Meeting - June 21, 2011 - Page 20 of 204 High Intensity Drug Trafficking Area Grant Number H720 -10 -1711 Page 4 17. The GRANTEE agrees that it will submit financial reports and supporting documentation to the CITY through the AZ HIDTA Finance Manager on forms /format provided by the CITY, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 25 July 1— 31 August 25 February 1 - 29 March 25 August 1 - 31 September 25 March 1 — 30 April 25 September 1— 30 October 25 October 1 - 31 November 25 April 1 - 30 May 25 November 1 - 30 December 25 May 1 - 31 June 25 December 1 - 31 January 25 June 1 - 30 Jul 25 More frequent reports may be required for GRANTEES who are considered high risk. 18. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 19. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director far all sole- source procurements in excess of $100,000, and provide written notification to the CITY, as indicated in 21 CFR Part 1403.36(d)(4). 20. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Exciuded Parties Listing System htto: / /epls.arnet.aov 21. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 22. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 23. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12 -1501 et seq. 24. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration. 25. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the CITY. Regular Council Meeting - June 21, 2011 - Page 21 of 204 High Intensity Drug Trafficking Area Grant Number HT20 -10 -1711 Page 5 26. The GRANTEE (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 cased by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 27. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "indemnitee'l from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit "A ". 28. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 29. The GRANTEE agrees to comply with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41 -1463; and Executive Orders 1999 -4 and 2000 -4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY. Regular Council Meeting - June 21, 2011 - Page 22 of 204 High Intensity Drug Trafficking Area Grant Number H770 -10 -1711 Page 6 30. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by the GRANTEE. 31. The GRANTEE certifies to comply with the Drug -Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 32. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I -9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005 -30 federal immigration laws by state employers and contractors. 33. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the CITY within ten (10) days in the event that the project official is replaced during the award period. 34. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the CITY. 35. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 36. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 37. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form - LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions Regular Council Meeting - June 21, 2011 - Page 23 of 204 High Intens ty Drug Tratflcking Area Grant Number HT20 -10 -1711 Page 7 38. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38 -511. 39. This Agreement may be cancelled at the CIIY's discretion if not returned with authorized signatures to the CITY within 90 days of commencement of the award. 40. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 41. Pursuant to A.R.S. § 35- 391.06 and § 35- 393.06, the GRANTEE hereby warrant, and represent that they do not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized business operation, as defined in A.R.S. § 35 -391 and § 35 -393, in either Sudan or Iran. Regular Council Meeting - June 21, 2011 - Page 24 of 204 High Intensity Drug Trafficking Area Grant Number H720 -10 -1711 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Town Manager Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CITY OF TUCSON: Roberto A. Villasenor, Chief of Police Date City of Tucson Police Department Lisa Judge, Principal Assistant City Attorney Date City of Tucson Police Department Regular Council Meeting - June 21, 2011 - Page 25 of 204 CITY OF TUCSON GRANT AGREEMENT Insurance Requirements Exhibit "A" Insurance Requirementsfor Governmental Parties to a Grant Agreement: None. Insurance Requirementsfor Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products — Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability — Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: 'The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". (Note Mat the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list ofpersons to be insured.) b. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Regular Council Meeting - June 21, 2011 - Page 26 or 204 Exhibit "A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and /or non -owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents,. and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor': (Note that the other governmental entity(ies) is /are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease — Each Employee $500,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23 -901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor /Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS The policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the othergovernmental enttyshall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Regular council Meeting - June 21, 2011 - Page 27 of 204 Exhibit "A" Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an "A.M. Best" rating of not less than A- VII. The City of Tucson in no way warrants that the above- required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall fumish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson's project/contract number and project description are to be noted on the certificate of insurance. The City of Tucson reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY OF TUCSON'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL Any modification or variation from the insurance requirements must have prior approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub- contractor(s) is /are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self - Insurance. If the contractor or sub - contractors) is /are a City of Tucson agency, board, commission, or university then none of the above shall apply. Regular Council Meeting - June 21, 2011 - Page 28 of 204 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT Confidential Funds Certification Exhibit "6° CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT20 -10 -171 t Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures, which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imnrest Fund. The funds authorized will be established in an imprest fund, which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P /I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and /or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receir) . a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him /her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him /her. Regular Council Meeting - June 21, 2011 - Page 29 of 204 Exhibit "B" Page 2 5. Receipts for Purchase of Information An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information /evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first -line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He /she shall also evaluate the information received in relation to the expense incurred, and add his /her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients /subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve /disapprove), modifications, closure or impact material, and receipts and /or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents, which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Regular Council Meeting - June 21, 2011 - Page 30 of 204 Exhibit "B" Page 3 INFORMANT FILES 1. Securi . A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him /her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign -out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI /State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P /I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Regular Council Meefing - June 21, 2011 - Page 31 of 204 Exhibit "B" Page 4 2. An informant code book controlled by the supervisor or his /her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant/informant, restricted use /informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him /her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE /PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and /or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and /or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he /she may be paid for his /her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants should be held to a minimum. Regular Council Meeting - June 21, 2011 - Page 32 of 204 Exhibit "B" Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his /her immediate family, movement and /or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he /she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non - officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE /PI /PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE /PI /PS allowance throughout its jurisdiction and delegate authority to approve PE /PI /PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his /her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Regular Council Meeting - June 21, 2011 - Page 33 of 204 Exhibit "B" Page 6 Funds for PE /PI /PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE /PI /PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48 -hour limit on the amount of time funds advanced for PE /PI /PS expenditure may be held outstanding. If it becomes apparent at any point within the 48 -hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. Regular Council Meeting - June 21, 2011 - Page 34 of 204 MARANA /1\ 0 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item C 3 From: T VanHook , Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011- 61 _Relating to the Police Department; approving and authorizing the Town Manager to execute a Grant Agreement (HT21 -11 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program Discussion: The Anti -Drug Abuse Act of 1988 and the ONDCP Reauthorization Act of 1998 authorized the Director of The Office of National Drug Control Policy ( ONDCP) to designate areas within the United States which exhibit serious drug trafficking problems and harmfully impact other areas ffi of the country as High Intensity Drug Tracking Areas ( HIDTA). The HIDTA Program provides federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems and design specific initiatives to reduce or eliminate the production, manufacture, transportation, distribution and chronic use of illegal drugs and money laundering. In Southern Arizona, the HIDTA Program helps improve the effectiveness and efficiency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information sharing, and implementing joint initiatives. These activities are coordinated by the City of Tucson (COT). COT also administers grant funding for the activities. A Marana Police Officer will be tasked to a grant - funded position under the HIDTA Program. The attached grant agreement provides the terms and conditions for the Marana Police Department in the HIDTA Program. Under the grant agreement, the Town of Marana will be reimbursed salary and other employee - related expenses of up to $83,422 for services provided in coordination with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA Program. Paragraph 6 of the grant agreement indicates that the agreement will only be funded at 42% ($35,037.24) due to the Continuing Appropriations Act of 2011. However, the attached Grant Agreement Adjustment Notice from the City of Tucson indicates that the 42% spending ceiling was removed on May 27, 2011 and that the grant agreement will be funded at 100% of the original budgeted amount. The term of the grant agreement is 12 months, from January 1, 2011 through December 31, 2012. No transportation, training, equipment, or other cost reimbursement is allowed under the Regular Council Meeting - June 21, 2011 - Page 35 of 204 grant. Financial Impact: The grant funded position is included in the 2011 -2012 budget. The Town is not required to provide match funding under this award. A TTACHMEN TS: Name: Description: Type: O Resolution HIDTA_CNA_granl_2011_ (00026829).DOC Resolution Resolution D HT21_Marana_PD_CNA.pdf HIDTA Grant Agreement 2011 Exhibit O HIDTA ZOl l_ Grant_ Agreement_ Adjustment_ Notice_ Grant Agreement Adjustment Notice Backup Material (000268341PDF Staff Recommendation: Staff recommends authorizing the Grant Agreement with the City of Tucson to receive funds under the High Intensity Drug Trafficking Areas Program. Suggested Motion: I move to adopt Resolution No. 2011 -61; approving and authorizing the Town Manager to execute a Grant Agreement (HT21 -11 -1711) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program. Regular Council Meeting - June 21, 2011 - Page 36 of 204 MARANA RESOLUTION NO. 2011-61 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT (HT21 -11 -1711) WITH THE CITY OF TUCSON TO RECEIVE FUNDING UNDER THE HIGH INTENSITY DRUG TRAFFICKING AREA GRANT PROGRAM WHEREAS the Anti -Drug Abuse Act of 1988 and the National Drug Control Policy Reauthorization Act of 1998 authorized the Director of the Office of National Drug Control Policy to designate areas within the United States which exhibit serious drug trafficking problems as High Intensity Drug Trafficking Areas ( HIDTA); and WHEREAS the Southern Arizona Counties of Cochise, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, and Yuma are designated target areas under the HIDTA Program; and WHEREAS the HIDTA Program provides federal funding to designated HIDTA areas to help eliminate or reduce drug trafficking and its harmful consequences; and WHEREAS the City of Tucson has been awarded funding to coordinate efforts and administer grants in the Southern Arizona Region on behalf of the Office of National Drug Control Policy under the HIDTA Program; and WHEREAS the City of Tucson has awarded grant funding to the Town of Marana to reimburse salary and employee - related expenses for services provided in coordination with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA Program between January 1, 2011 and December 31, 2012; and WHEREAS the Marana Police Department has assigned an officer to participate with the other community agencies as a regional partner in the HIDTA Program as part of CNA; and WHEREAS under the terms of the HIDTA Grant Program the Town of Marana is eligible to receive funds in the amount of $83,422 from the City of Tucson for participation in HIDTA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Grant Agreement HT21 -11 -1711 between the City of Tucson and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana. Marana Resolution 2011 -61 100026829.DOC n Regular Council Meeting - June 21, 2011 - Page 37 of 204 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 Grant Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21" day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regu1#A&gHggA ,WgF41Hg -A, f "1, 2011 - Page 38 of 204 2 t0002e829.00c 0 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT COT Grant Number HT21 -11 -1711 This Grant Agreement is made this 1 sT day of January 2011 by and between the CITY OF TUCSON hereinafter called "CITY" and TOWN OF MARANA, through Marana Police Department hereinafter called "GRANTEE ". The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11 -951, et seq., and the City of Tucson's Resolution number 21460, having satisfied itself as to the qualification of GRANTEE; NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2011 and terminate on December 31, 2012. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CITY. A request for extension must be received by the CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within ONDCP guidelines. 2. The GRANTEE agrees that grant funds will be used for the Pima County /Tucson Metro Counter Narcotics Alliance (CNA). 3. The CITY will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub - standard performance as determined by the CITY will constitute non - compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the CITY finds non - compliance, the GRANTEE will receive a written notice, which identifies the area of non - compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps, which are being taken to correct the problem, the CITY may suspend funding, permanently terminate this Agreement and /or revoke the grant. Any deviation or failure to comply with the purpose and /or conditions of this Agreement without prior written CITY approval may constitute sufficient reason for the CITY to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the parties. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the City of Tucson: City of Tucson Police Department HIDTA FIDUCIARY SECTION 270 S. Stone Tucson, Arizona 85701 Attn: HIDTA Financial Analyst Regular Council Meeting - June 21, 2011 - Page 39 of 204 High Intensity Drug Trafficking Area Grant Number HT21 -11 -1711 Gage 2 B. If to the GRANTEE: Marana Police Department 11555 West Civic Center Drive Marana, AZ 85653 Attn: Town Manager Gilbert Davidson 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee's budget in an initiative or any reprogramming between initiative and /or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and /or the Office of National Drug Control Policy (ONDCP) in accordance with HIDTA Program Policy and Budget Guidance. 6. Consistent with Public Law 111 -322, the Continuing Appropriations Act, 2011, this agreement provides a total budget and spending ceiling of 42%. Accordingly, the total of all budgets cannot exceed $35,037.24. The Office of National Drug Control Policy acknowledges that the aforementioned funding level is below the stated budgeted requirements; however, additional funding cannot be made available until enacted through public law. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries $53,167.00 Fringe Benefits $14,260.00 Overtime $15,995.00 Travel $ .00 Facilities $ .00 Services Operating Expenses: $ .00 Supplies $ .00 Other $ .00 Equipment (listed below) $83,422.00 TOTAL See attached for budget detail. SPENDING CEILING 42% of total budget) 35 037.24 7. It is agreed and understood that the total to be paid by the CITY under this Agreement shall not exceed $35,037.24 in Federal funds awarded to the CITY by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities in accordance with the approved HIDTA Initiative. 8. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 9. Every payment obligation of the CITY under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the CITY. No liability shall accrue to the CITY in the event this provision is exercised, and the CITY shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 10. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Ahanda/ and Administrative Guide for Cooperative Regular Council Meal @fi�t�g€drq��b %t8. High Intensity Drug Trafficking Area Grant Number HT21 -11 -1711 Page 3 11. The GRANTEE certifies that it will comply with OMB Circular A -102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A -87 Cost Principles for State, Local and Indian Tribal Governments and HIDTA Program Policy & Budget Guidance. Link: OMBCircu/ars httr)://www.whitehouse.gov/omb/circulars/index.htmI 12. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Rnandal and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CITY within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 13. The GRANTEE agrees to retain all brooks, account reports, files and other records, (paper and /or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the CITY. All such documents shall be subject to inspection and audit at reasonable times. 14. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment, vehicles, and other items valued at $ 1000 or more at the time of purchase. This also includes lower cost, high-risk items electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.06 that use HIDTA funds to purchase equipment must maintain a current inventory of HIDTA - purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and /or the CITY upon request. A 100 - percent physical inventory of HIDTA - purchased equipment must be conducted at least every two years. 15. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A -101 Uniform Administradve Requirements for Grants and Cooperattve Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1 -3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http: / /www.whitehouse.gov /omb /circulars/index.html The GRANTEE agrees the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the CITY. 16. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance. 17. The GRANTEE will comply with the audit requirements of OMB C/rcularA -133 Audits of States, Local Govemments and Non -Profit Organizations and provide the CITY with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circu /arA -133 http: / /www.whitehouse.gov /omb /circulars /index.html Regular Council Meeting - June 21, 2011 - Page 41 of 204 High Intensity Drug Trafficking Area Grant Number HT21 -11 -1711 Page 4 18. The GRANTEE agrees that it will submit financial reports and supporting documentation to the CITY through the AZ HIDTA Finance Manager on forms /format provided by the CITY, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 25 July 1 — 31 August 25 February 1 - 29 March 25 August 1 - 31 September 25 March 1 — 30 April 25 September 1 — 30 October 25 October 1 - 31 November 25 April 1 - 30 May 25 November 1 - 30 December 25 May 1 - 31 June 25 December 1 - 31 Januaa 25 June 1 - 30 July 25 More frequent reports may be required for GRANTEES who are considered high risk. 19. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 20. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole- source procurements in excess of $100,000, and provide written notification to the CITY, as indicated in 21 CFR Part 1403.36(d)(4). 21. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Exduded Patties Listing System :8epls.arnet.gov 22. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 23. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 24. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12 -1501 et seq. 25. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration. 26. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the CITY. Regular Council Meeting - June 21, 2011 - Page 42 of 204 High Intensity Drug Trafficking Area Grant Number HT21 -11 -1711 Page 5 27. The GRANTEE (as " Indemnitor') agrees to indemnify, defend and hold harmless the CITY (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 cased by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 28. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit "A ". 29. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 30. The GRANTEE agrees to comply with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title D( of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41 -1463; and Executive Orders 1999 -4 and 2000 -4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY. Regular Council Meeting - June 21, 2011 - Page 43 of 204 High Intensity Drug Trafcking Area Grant Number HT21 -11 -1711 Page 6 31. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the ESOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by the GRANTEE. 32. The GRANTEE certifies to comply with the Drug -Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 33. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I -9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005 -30 federal immigration laws by state employers and contractors. 34. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the CITY within ten (10) days in the event that the project official is replaced during the award period. 35. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the CITY. 36. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 37. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 38. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form - LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions Regular Council Meeting - June 21, 2011 - Page 44 of 204 High Intensity Drug Trafficking Area Gant Number HT21 -11 -1711 Page 7 39. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38 -511. 40. This Agreement may be cancelled at the CITY's discretion if not returned with authorized signatures to the CITY within 90 days of commencement of the award. 41. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 42. Pursuant to A.R.S. § 35- 391.06 and § 35- 393.06, the GRANTEE hereby warrant, and represent that they do not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized business operation, as defined in A.R.S. § 35 -391 and § 35 -393, in either Sudan or Iran. 43. Pursuant resolution number 21460, adopted by Mayor and Council December 15, 2009, the Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA operations. Regular Council Meeting - June 21, 2011 - Page 45 of 204 High Intensity Drug Trafficking Area Grant Number HT21 -11 -1711 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Town Manager Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CITY OF TUCSON: Roberto A. Villase "nor, Chief of Police Date City of Tucson Police Department Lisa Judge, Principal Assistant City Attorney Date City of Tucson Police Department Regular Council Meeting - June 21, 2011 - Page 46 of 204 CITY OF TUCSON GRANT AGREEMENT Insurance Requirements Exhibit "A° Insurance Requirementsfor Governmental Parties to a Grant Agreement: None. Insurance Requirementsfor Any Contractors Used by a Party to the Grant Agreement: (Note: this app lies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products — Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability — Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The polity shall be endorsed to include the following additional insured language: "The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor ". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Regular Council Meeting - June 21, 2011 - Page 47 of 204 Exhibit "A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and /or non -owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, offcia /s, agents, and employees shall he named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor: (Note that the other governmental entity(tes) is/are also required to be additional insured(s) and they should supply the Contractor with their own list ofpersons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease — Each Employee $500,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23 -901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor /Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS The policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental enW shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Regular Council Meeting - June 21, 2011 - Page 48 of 204 Exhibit "A" Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non - admitted insurers in the State of Arizona with an "A.M. Best" rating of not less than A- VII. The City of Tucson in no way warrants that the above- required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson's project/contract number and project description are to be noted on the certificate of insurance. The City of Tucson reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY OF TUCSON'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL Any modification or variation from the insurance requirements must have prior approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub - contractors) is /are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self - Insurance. If the contractor or sub- contractor(s) is /are a City of Tucson agency, board, commission, or university then none of the above shall apply. Regular Council Meeting -June 21, 2011 -Page 49 or 204 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) in GRANT AGREEMENT Confidential Funds Certification Exhibit "B" CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT21 -11 -m1 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures, which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund, which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P /I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and /or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him /her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him /her. Regular Council Meeting - June 21, 2011 - Page 50 of 204 Exhibit "B" Page 2 5. Receipts for Purchase of Information An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information /evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first -line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He /she shall also evaluate the information received in relation to the expense incurred, and add his /her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients /subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve /disapprove), modifications, closure or impact material, and receipts and /or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents, which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Regular Council Meeting - June 21, 2011 - Page 51 of 204 Exhibit "B" Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him /her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign -out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI /State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P /I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Regular Council Meeting - June 21, 2011 - Page 62 of 204 Exhibit "B" Page 4 2. An informant code book controlled by the supervisor or his /her designee containing: a. Informant's code number. b. Type of information (i.e, informant, defendant /informant, restricted use /informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him /her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE /PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and /or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and /or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he /she may be paid for his /her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants should be held to a minimum. Regular Council Meeting - June 21, 2011 - Page 53 of 204 Exhibit "B" Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his /her immediate family, movement and /or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he /she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non - officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE /PI /PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE /PI /PS allowance throughout its jurisdiction and delegate authority to approve PE /PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his /her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Regular Council Meeting - June 21, 2011 - Page 64 of 204 Exhibit "B" Page 6 Funds for PE /PI /PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE /PI /PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48 -hour limit on the amount of time funds advanced for PE /PI /PS expenditure may be held outstanding. If it becomes apparent at any point within the 48 -hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. Regular Council Meeting - June 21, 2011 - Page 55 of 204 CITY OF TUCSON', GRANT AGREEMENT ADJUSTMENT NOTICE Grantee Name and Address: Grant Number: Marana Police Department HT21 -11 -1711 11555 West Civic Center Drive Initiative Name Marana, AZ 85653 Pima County/Tucson Metro Counter Nartotics A CN& .N.A Date: Prepared By: 61712011 Qf king, Project Title. Adjustment Number: High Intensity Drug Trafficking Area - Cycle 21 rdpeiient 1 Original Grant Award Amdunt. $ Grant Award Adjustment: ' Adjusted Grant Award Amount: $' 83,421.00 FROM Original 1: Grant Period Ending, TO Extended Grant Period lending' r( 3 �2'. r FROM Original Budget: TO Adju Badget Amount Amount Personnel 53,167 - tltl Personnel 53,167.00 ERE 94,254400 ERE $ 14,250.00 Overtim 15,995:00 Overtime % 15,995.00' Travel Travel $ Facilities - Facilities $ Services Services $ Equipment 7 Equipment $ Supplies Supplies $ Other Other $ - Tntal: 8 ll Total. 83 422.00 Supplement 1 Spending exiling df41%. rerrroved on May 22 2Q11- spendfN .pudg is 1 of on final budgeted amcu^,. Prepared By ame and a Approved S Na d'#9tl Cw Ifing Richard Prater Finance Analyst Management oordina or tagged in grant worksheet Regular Council Meeting - June 21 :2011 - Page 56 of 204 r J**� MARANA n ./'I \ � 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item C 4 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: _Ordin No. 2011.14: Relating to Administration; amending Marana Town Code Title 3 "Administration," amending section 3 -1 -3, deleting section 3 -2 -13 and renumbering section 3 -2 -14; removing the position of police commander from the town's unclassified service Discussion: In 2008, the Town Council approved the creation of the new position of police commander for the Town's unclassified service. Unclassified positions are defined by the Town Code as positions that are part of a responsive management team and that are at- will - -that is, subject to termination upon the will of the employer or employee at any time with or without cause. However, in the 2010 legislative session, the Arizona legislature implemented A.R.S. section 38- 1104, which provided that law enforcement officers could only be subject to disciplinary action, including termination of employment, for cause. The statute as originally adopted contained no exceptions for command level staff who had traditionally been considered at will employees. In the 2011 legislative session, the statute was amended to clarify that it does not apply to law enforcement officers employed as chiefs of police or assistant chiefs of police; thus, those positions will remain as at -will positions, subject to termination with or without cause. Police commanders were not exempted from the law, meaning that the Town cannot classify the police commander position as an unclassified, at will position. The police commander position was staffed in the Marana Police Department upon its creation in 2008, but has remained vacant since the retirement of the incumbent in June 2009. The Department does not currently see a need for a police commander position and is instead recommending that a police captain position be added to the Town's classified salary schedule for FY 2011 -2012. That schedule is on tonight's agenda for adoption. Financial Impact: None. ATTACHMENTS: Name: Description: Type: O Ordinance removal_of Police Commander—position_ Regular Council Meeting - June 21, 2011 - Page 57 of 204 (00026795).DOC Ordinance Ordinance Staff Recommendation: Staff recommends approval of the ordinance eliminating the police commander position from the unclassified service. Suggested Motion: I move to adopt Resolution No. 2011.14; amending Marana Town Code Title 3 to remove the position of police commander from the town s unclassified service. Regular Council Meeting - June 21, 2011 - Page 58 of 204 MARANA ORDINANCE NO. 2011.14 RELATING TO ADMINISTRATION; AMENDING MARANA TOWN CODE TITLE 3 "ADMINISTRATION," AMENDING SECTION 3 -1 -3, DELETING SECTION 3 -2 -13 AND RENUMBERING SECTION 3 -2 -14; REMOVING THE POSITION OF POLICE COMMANDER FROM THE TOWN'S UNCLASSIFIED SERVICE WHEREAS the Town Council finds that the revisions to town administration established by this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Paragraph B of section 3 -1 -3 of the Marana Town Code, entitled "Classification of employees" is hereby revised as follows with deletions shown with str ike text: B. Unclassified Service Persons comprising unclassified service are part of a responsive management team that exists to carry out the goals and policies of the town. Unclassified employees are "at- will" employees. "At -will' employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. With the exception of the town manager, 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 board procedures. Unclassified employees are not subject to the salary schedule, and shall be paid according to performance and qualifications, to be determined by the town. However, unclassified employees shall receive any general salary increases that may be granted from time to time, except that the town manager shall only receive general salary increases if they are provided for in an employment contract duly authorized by the council. The following shall be unclassified employees: 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. Special projects manager 9. Assistants to the town manager 10. General managers Regu1MfAMdfttQ2 21, 2011 - Page 59 of 204 1 {00026795.DOC /} 11. Assistant chief of police 12. Pelise eammandeF 43: Director of strategic initiatives SECTION 2. Section 3 -2 -13 of the Marana Town Code entitled "Police commander" is hereby deleted and section 3 -2 -14 entitled "Director of strategic initiatives" is hereby renumbered as section 3 -2 -13. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 s ` day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regu%&gW �p2Q14ujp 21, 2011 - Page 60 of 204 2 100026795.DOC /) MfRANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item C 5 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: The bus shelter design program initiative is a partnership between the Town and the University of Arizona's College of Architecture and Landscape Architecture (Drachmae Institute) along Marana Main Street help strategically forward the Marana "signature" for design of public facilities while providing access to government offices and health services. Subject: Reso lution No. 2011 -62: Relating to Community Development; approving and authorizing an intergovernmental agreement with the Regional Transportation Authority of Pima County for the sharing of costs involved in the design and construction of bus shelters and related infrastructure within the Town of Marana Discussion: Over the past three years Marana staff has worked closely with partnering agencies and the PAG/RTA Transit Working Group in a collaborative effort to plan for and initiate enhanced regional transit services. These efforts have resulted in a marked increase in transit ridership in the Town. The two Sun Shuttle routes (410 and 413) serving northern Marana have a combined average monthly ridership of 2,850 for the first five months of this year, up more than 35% as compared to the same period last year. The primary transfer point for these services is located in the front parking lot of the Marana Municipal Complex. Although the stops are convently placed and offer riders benches and trash cans, they do not offer shade or protection from wind and rain. To provide shelter and meet action items described in the 2010 General Plan, the Town will M a rtner with the University of Arizona College of Architecture and Landscape Architecture ACALA) to design, construct, and install two bus shelters on Marana Main Street, moving the transfer point to the pullouts located across from the MMC and adjacent to the newly opened MHC facility. The two shelters will service Marana's busiest routes and highest volume stop. The Town is entering into an intergovernmental agreement with the RTA to provide funding for improvements to bus routes within the Town, including the UACALA project; the installation of a standard bus shelter along Grier Road; and sidewalk improvements to provide ADA access along Sandario Road connecting the MHC Health Care facility, and Community Food Bank with Regular Council Meeting -June 21, 2011 -Page 61 of 204 the transit stop. Financial Impact: Funding for the UACALA shelter project is provided through the RTA. Ground work and permitting have been budgeted for transit services in the 2010 -2011 budget. ATTACHMENTS: Name: Description: Type: ❑ RTA—IGA _for _bus _ shelter funding_ (00026815).DOC Resolution Resolution ❑ RTA IGA to fund bus_rullouts_ IGA with RTA for bus shelter funding Exhibit (00026816).DOC ❑ Exhibit_to RTA IGA_for bus _pullouts_ (00026817).PDF Exhibit to IGA with RTA for bus shelter funding Exhibit Staff Recommendation: Staff recommends approving an intergovernmental agreement with the Regional Transportation Authority of Pima County for the sharing of costs involved in the design and construction of bus shelters and related infrastructure within the Town of Marana. Suggested Motion: I move for adoption of Resolution No. 2011 -62; approving an intergovernmental agreement with the Regional Transportation Authority of Pima County for the sharing of costs involved in the design and construction of bus shelters and related infrastructure within the Town of Marana. Regular Council Meeting - June 21, 2011 - Page 62 of 204 MARANA RESOLUTION NO. 2011 -62 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY FOR SHARING OF COSTS INVOLVED IN THE DESIGN AND CONSTRUCTION OF BUS SHELTERS AND RELATED INFRASTRUCTURE WITHIN THE TOWN OF MARANA WHEREAS the Town of Marana recognizes the need to provide transit services to its residents; and WHEREAS the Town of Marana is partnering with the Regional Transportation Authority of Pima County (RTA) to provide fixed- route, circulator, and express services within Town boundaries; and WHEREAS the development of supportive infrastructure including installation of bus shelters on major routes and high volume stops to support multi -modal transportation is a recognized action item in the Town's General Plan; and WHEREAS the Town is authorized by A.R.S. § 9- 240(3) to lay out, maintain, control and manage public roads within the Town's jurisdictional boundaries; and WHEREAS the RTA provides funding for the development of transit supportive infrastructure within the Town boundaries; and WHEREAS the Town wishes to enter into cost sharing agreements with the RTA for the provision of transit infrastructure within the Town of Marana to provide ADA accessibility and shelters for its citizens; and WHEREAS the RTA is authorized by A.R.S. §§ 48 -5304 (16) and 48 -5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town and RTA attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. Marana Resolution 2011 -62 (00026815.DOC f} Regular Council Meeting - June 21, 2011 - Page 63 of 204 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 and to carry out the terms of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 sc day of June 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul y WC,gHpgANW% ~1, 2011 - Page 64 M 204 2 00026815.D0C /} INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF BUS PULLOUTS This Agreement (hereinafter "the Agreement') is entered into by and between the Regional Transportation Authority of Pima County ( "RTA" or "the Authority "), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, a body politic and corporate of the State of Arizona ( "the Lead Agency ") pursuant to A.R.S. § 11 -952. RECITALS A. A.R.S.§ 48 -5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi -model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48 -5303. C. Pursuant to A.R.S. § 48 -5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48 -5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48 -5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48 -5304 (16) and 48 -5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. Regular Council Meeting - June 21, 2011 - Page 65 of 204 (00026816.DOC I RTA Marana Bus Pullouts IGA 05/31/11 G. The Lead Agency is authorized by A.R.S. § 11 -251 (4) or A.R.S. § 9- 240(B)(3) to design, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. I. The Lead Agency and the Authority wish to cooperate in the design and construction of Bus pullout and shelter improvements ( "the Project "). J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. O. The Authority and the Lead Agency may contract for services and enter into agreements with one another forjoint and cooperative action pursuant to A.R.S. § 11 -952, et seq. NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of sidewalk improvements and shelter construction at the intersection of Sandario Road and Grier Road, together with bus shelters to be constructed adjacent to existing on- street parking spaces which will be converted to 2 bus pullouts near the Regular Council Meeting - June 21, 2011 - Page 66 of 204 100026916.DOC t)2 RTA Marana Bus Pullouts IGA 05/31/11 intersection of Civic Center Drive and Marana Main Street, as more fully depicted in the attached Exhibit(s), including the following: a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, construction and /or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County /City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, October 2002 revision, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. Regular Council Meeting - June 21, 2011 - Page 67 of 204 100026816.DOC 1)3 RTA Muma Bus Pullouts IGA 05/31/11 c. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. d. The Lead Agency shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. £ The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. It. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's contracts for the Project. Specifically, the RTA shall be identified as an additional insured with respect to insurance policies for general liability, automobile liability and defects in design The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. i. The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A (or subsequent exhibits) on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. Regular Council Meeting - June 21, 2011 - Page 68 of 204 (00026816.nOC /)4 RTA Marano Bus Pullouts IGA 05/31/11 b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A (or subsequent exhibits). c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request for additional information within five days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the invoice will be processed for payment within ten working days of the invoice submittal. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty -five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non - assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. Regular Council Meeting - June 21, 2011 - Page 69 of 204 t00026816.DOC/15 RTA Marana Bus Pullouts IGA 05/31/11 f. This Agreement is subject to the provisions of A.R.S. § 38 -511. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer - employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti- Discrimination. The provisions of A.R.S. § 41 -1463 and Executive Order Number 99 -4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to 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. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23 -1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23- 1022(E) in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by Regular Council Meeting - June 21, 2011 - Page 70 of 204 (00026616.noC i)6 RTA Marana Bus Pullouts IGA 05/31/11 the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any tern, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Town of Marana: Gary G. Hayes, Executive Director Gilbert Davidson, Town Manager 177 N. Church, Suite 405 11555 W. Civic Center Way, Tucson, AZ 957901 Marana, AZ 85653 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Marana has caused this Agreement to be executed by the Mayor and Council, upon resolution of the Mayor and Council attested to by the Town Clerk, and the Authority has caused this Agreement to be executed by its Chair of the Board. Regular Council Meeting - June 21, 2011 - Page 71 of 204 100026816.DOC q7 RTA Marano Bus Pullouts IGA 05/31/11 REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Jennifer Eckstrom, Board Chair Date TOWN OF MARANA Ed Honea, Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Date The foregoing Agreement between Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director Date ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Marana: Frank Cassidy, Town Attorney Date Regular Council Meeting - June 21, 2011 - Page 72 of 204 (ow26816.noc /}8 RTA Marana Bus Pullouts IGA 05/31/11 Exhibit A Silverbell /Coachline Intersection Improvements 1 RTA Ballot/Project Number: II -38 2 RTA Plan Element: Safety 3 RTA Plan Sub - Element (if applicable): Bus Pullouts 4 TIP Project Number: TBA 5 Project Name: Marana Civic Center and Health Center Bus Pullouts (3) 6 Work Phase Covered by this Exhibit: Planning (check all that apply) Design Right of Way Construction 0 Project Management Environmental /Other 7 Project Manager Information (person responsible for status reports): Name: T VanHook Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653 Telephone Number: 382 -1909 Fax. Number: 382 -2641 Email Address: tvanhook@marana.com 8 Authorized Representative(s) (for signing & submitting pay requests): Name: Gilbert Davidson Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653 Telephone Number: 382 -1900 Fax. Number: 382 -1901 Email Address: 2davidson&marana.com Name: T VanHook Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653 Telephone Number: 382.1909 Fax. Number: 382.2641 Email Address: tvanhook(a marana.com 9 Map of Project Limits Attached? N/A Regular Council Meeting - June 21, 2011 - Page 73 of 204 1 of 3 Exhibit A Silverbell /Coachline Intersection Improvements 10 Narrative Description of Project Scope, The Town of Marana proposes the construction of 3 bus shelter improvement including improvements to be made and project intent (discuss how projects. Anew shelter, including sidewalk and pavement modifications is proposed at the intersection of Grier Road and Sandario Road. This transit project will address problematic areas): stop will be equiped with a standard non - advertising bus shelter, to be provided (at cost from the RTA) and installed by Town forces. The 2 remaining pullouts will convert existing on- street parking bays near the intersection of Civic Center Drive and Marana Main Street into dedicated bus pullouts. These pullouts will employ bus shelters procured by the Town. The Town will install bus stop signage at all 3 new stops (provided by the RTA at no- cost). 11 Total maximum amount of Authority funding allowed for the Project or Project $350,000 component under this Exhibit: 12 Project Budget (current year dollars): In -House Outsourced Total Planning $0 Design $0 Right of Way $0 Construction $15,000 $70,000 $85,000 Project Management $0 Environmental /Other $0 Total Project Budget (all funding sources): $15,000 $70,000 $85,000 13 Project Budget by Funding Source RTA Non -RTA Total Planning $0 Design $0 Right of Way $0 Construction $85,000 $85,000 Project Management $0 Environmental /Other $0 Total Project Funding (must equal no. 11) $85,000 $0 $85,000 14 Funding Sources (current year dollars): RTA $85,000 STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds Other Total Funding Sources (must equal no. 11): $85,000 Regular Council Meeting - June 21, 2011 - Page 74 of 204 2of3 Exhibit A Silverbell /Coachline Intersection Improvements 15 Identify other project components not covered by this agreement (if any): None 16 Estimated construction start date and duration of construction: June 2011; 8 months 17 Expected Reimbursement Schedule: Calendar Year Calendar Year Calendar Year (related to this exhibit amount only) 2011 2012 2013 January $10,000 February March April May June $10,000 July $15,000 August $10,000 September $5,000 October $15,000 November $10,000 December $10,000 Total $75,000 $10,000 $0 Regular Council Meeting - June 21, 2011 - Page 75 of 204 3of3 � M ARA NA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item C 6 From: T VanHook , Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: The bus shelter design program initiative is a partnership between the Town and the University of Arizona's College of Architecture and Landscape Architecture (Drachman Institute) along Marana Main Street help strategically forward the Marana "signature" for design of public facilities while providing access to government offices and health services. Subject: Resolution No. 2011 -63: Relating to Community Development; approving and authorizing an intergovernmental agreement with the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelters within the Town of Marana Discussion: Over the past three years Marana staff has worked closely with partnering agencies and the PAG/RTA Transit Working Group in a collaborative effort to plan for and initiate enhanced regional transit services. The Working Group's efforts have concentrated on: (1) increasing accessibility to transit services; (2) providing on- and under - served areas with new transit routes; and (3) coordinating service schedules, rates, safety, planning, and marketing throughout the region. During this process, Pima County notified the Town of Marana and other regional partners that they would no longer serve as a funding pass - through for City of Tucson (SunTran) service formerly contracted through the County requiring the Town of Marana to enter into intergovernmental agreements (IGAs) with several partners instead of only the County. These efforts have resulted in a marked increase in transit ridership in the Town. The two Sun Shuttle routes (410 and 413) serving northern Marana have a combined average monthly ridership of 2,850 for the first five months of this year, up more than 35% as compared to the same period last year. The primary transfer point for these services is located in the front parking lot of the Marana Municipal Complex. Although the stops are convently placed and offer riders benches and trash cans, they do not offer shade or protection from wind and rain. To provide shelter and meet action items described in the 2010 General Plan, the Town will partner with the University of Arizona College of Architecture and Landscape Architecture (UACALA) to design, construct, and install of two bus shelters on Marana Main Street, moving the transfer point to the pullouts located across from the MMC and adjacent to the newly opened Regular Council Meeting - June 21, 2011 - Page 76 of 204 MHC facility. The two shelters will service Marana's busiest routes and highest volume stop. UACALA students will be designing and constructing the shelters as a part of their course curriculum. The Shelters will be comprised of the following components and performance criteria: sheltered seating for a minimum of 4 occupants and 1 wheel chair accessible space. Additionally provide unsheltered overflow seating for a minimum of 4 occupants and 1 wheel chair accessible space; design that facilitates visual contact between the shelter occupants and the approaching bus driver; the shelter enclosure system is to provide protection to occupants from mid -day solar exposure year round and to maximize protection from morning and afternoon solar exposure during the summer while not undermining visual contact be shelter occupants and approaching bus drivers; enclosure system to provide protection to occupants from rain and roof run -off, audial and/or visual awareness of their immediate surroundings; freestanding and/or shelter integrated signage that accommodates 1) standard Sun bus stop signage (by others) 2) replaceable standard Sun route map (by others) including protective acrylic cover 3) brandinglidentification signage of shelter location as "Marana "; solar powered low voltage LED ambient nocturnal lighting system. In addition, the design of the shelters is to be in compliance with state, federal, and local development and transportation standards including compliance with the Americans with Disabilities Act. During every phase of the project, Town staff will assist in the selection and have final approval for design of the Shelters. UACALA will provide opportunities for review and comment during pre- design, schematic design, and design development. Approval of final design and construction concepts and all construction documents will be at the discretion of the Town following established procedures for building projects within the right -of -way. The Town is entering into a separate intergovernmental agreement with the RTA to provide funding for improvements to bus routes within the Town, including the UACALA project; and sidewalk improvements along Sandario Rd. and a bus shelter on Grier Rd. Financial Impact: Funding for the UACALA shelter project is provided through the RTA. Ground work and permitting have been budgeted for transit services in the 2010 -2011 budget. ATTACHMENTS: Name: Description: Type: O IGA_with_UACALA_ (00026794)DOC Resolution Resolution ❑ UA bus shelter GA_ (00026734- 3).DOC IGA with U of A for design and installation of bus shelters Exhibit Staff Recommendation: Staff recommends approval of an intergovernmental agreement with the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelter withing the Town of Marana. Suggested Motion: I move to adopt Resolution No. 2011 -63; approving an intergovernmental agreement with the University of Arizona College of Architecture and Landscape Architecture for the design and construction of bus shelter withing the Town of Marana. Regular Council Meeting - June 21, 2011 - Page 77 of 204 MARANA RESOLUTION NO. 2411 -63 RELATING TO COMMUNITY DEVELOPMENT: APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE UNIVERSITY OF ARIZONA COLLEGE OF ARCHITECTURE AND LANDSCAPE ARCHITECTURE FOR THE DESIGN AND CONSTRUCTION OF BUS SHELTERS WITHIN THE TOWN OF MARANA WHEREAS the Town of Marana recognizes the need to provide transit services to its residents; and WHEREAS the Town of Marana is partnering with the Regional Transportation Authority of Pima County (RTA) and City of Tucson to provide fixed - route, circulator, and express services within Town boundaries; and WHEREAS the development of supportive infrastructure including installation of bus shelters on major routes and high volume stops to support multi -modal transportation is a recognized action item in the Town's 2010 General Plan; and WHEREAS the Town is authorized by A.R.S. § 9- 240(3) to lay out, maintain, control and manage public roads within the Town's jurisdictional boundaries; and WHEREAS as a part of their course curriculum the University of Arizona College of Architecture and Landscape Architecture (UACALA) students, faculty and staff wish to enter into an agreement with the Town relating to the design, fabrication and installation of bus shelters; and WHEREAS The Town has entered into an intergovernmental agreement with the RTA to provide funding for improvements to bus routes within the Town; and WHEREAS the UACALA and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -951, et seq. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town and UACALA attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. Marana Resolution 2011-63 (00026794.DOC !} Regular Council Meebng - June 21, 2011 - Page 78 of 204 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 and to carry out the terms of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21" day of June 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Re9U1%"Hg0aE®jM&-AWM 1, 2011 - Page 79 of 204 2 {00026794.DOC /} INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNIVERSITY OFARIZONA AND THE COLLEGE OF ARCHITECTURE AND LANDSCAPE ARCHITECTURE AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF BUS SHELTERS WITHIN THE TOWN OF MARANA This Agreement (hereinafter "the Agreement ") is entered into by and between the University of Arizona and the College of Architecture and Landscape Architecture ( "UACALA ") and the Town of Marana, a municipal corporation of the State of Arizona ( "the Town ") pursuant to A.R.S.§ 11 -952, RECITALS A. The Town understands the importance of providing transit services to its residents and is partnering with the City of Tucson and the Regional Transportation Authority of Pima County to provide fixed - route, circulator, and express services within Town boundaries. B. The development of supportive infrastructure including installation of bus shelters on major routes and high volume stops to support multi -modal transportation is a recognized action item in the Town's 2010 General Plan. C. The Town is authorized by A.R.S. § 9- 240(3) to lay out, maintain, control and manage public roads within the Town's jurisdictional boundaries. D. As a part of their course curriculum the UACALA students, faculty and staff wish to enter into an agreement with the Town relating to the design, fabrication and installation of bus shelters. E. The Town has entered into an intergovernmental agreement with the Regional Transportation Authority of Pima County to secure funding for improvements to bus routes within the Town. F. The UACALA and the Town may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -951, et seq. NOW, THEREFORE, the Town of Martina and UACALA, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: Regular Council Meeting - June 21, 2011 - Page 80 of 204 (00026734.DOC 13) I AGREEMENT 1. Purpose. The purpose of the Agreement is to set forth the responsibilities of the parties for the design, fabrication and installation of the Project and to address the legal and administrative responsibilities between the parties. 2. Project. The Project consists of the design, fabrication and installation of two bus shelters ("the Shelters ") for the Town which will be located on North Marana Main Street. Students, faculty and staff from the University of Arizona School of Architecture, the Drachman Institute and the Drachman Design Build Coalition ( "DDBC ") under the supervision of Assistant Professor Christopher Trumble shall deliver the project to the Town for its approval. 3. Effective Date; Term. The Agreement shall become effective upon the filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to the Agreement are completed and all warranties applicable to the Project have expired. The proposed schedule shall consist of two Phases: a. Phase I (June- August 2011): pre- design, schematic design, design development and construction documents. To be performed by two students under faculty supervision. i. Pre - design: (June 13- June 24) Site and program documentation and analysis ii. Schematic Design (June 27 — July 01) Develop concepts in diagram, plan, section, elevation and experiential imagery iii. Design development (July 5- July 29) Perform solar simulations, develop means and methods of construction, engineering coordination.and cost estimation iv. Construction documents (August 1- August 19) Develop permit and construction drawings. Issue drawings to Town to facilitate site preparation b. Phase 2 (September- December 2011): development of fabrication (shop) drawings, fabrication and installation. To be performed as a three - credit elective course; requires ten students and one faculty member and one DDBC supervisor. i. Project orientation: (September 1- September 8) ii. Fabrication (shop) drawings: (September 12- September 23) iii. Cost estimation: (September 26- September 30) iv. Material acquisition and component fabrication: (October 3- October 28) v. Assemble components: (October 31- November 11) vi. Installation: (November 14- November 18) Phase 2 schedule includes a four -week contingency. Installation may occur as late as December 15, 2011. 4. Responsibilities of the Town. The Town shall provide to UACALA as-built record drawings in DWG file type, of the immediate site and surrounding areas, including indications of property lines and underground utilities. The Town shall also be responsible for site preparation to include any necessary demolition, removal, replanting or planting of trees and/or vegetation and installation of necessary landscape /hardscape infrastructure. The Town will be responsible for site grading, concrete paving modifications and/or any necessary concrete slab work. Regular Council Meeting - June 21, 2011 - Page 81 of 204 t00026734.DOC / 3)2 5. Responsibilities of UACALA. The Shelters will be comprised of the following components and performance criteria: a. Sheltered seating for a minimum of 4 occupants and 1 wheel chair accessible space. Additionally provide unsheltered overflow seating for a minimum of 4 occupants and 1 wheel chair accessible space b. The design of the shelters is to facilitate visual contact between the shelter occupants and the approaching bus driver. c. The shelter enclosure system is to provide protection to occupants from mid -day solar exposure year round and to maximize protection from morning and afternoon solar exposure during the summer while not undermining visual contact between shelter occupants and approaching bus drivers. d. The shelter enclosure system is to provide protection to occupants from rain and roof run- off. e. The enclosure system is to be porous such that occupants have an audial and/or visual awareness of their immediate surroundings f. The project is to include freestanding and /or shelter integrated signage that accommodates 1) standard Sun bus stop signage (by others) 2) replaceable standard Sun route map (by others) including protective acrylic cover 3) branding/identification signage of shelter location as " Marana" g. Provide solar powered low voltage LED ambient nocturnal lighting system. h. The design of the shelters is to be in compliance with state, federal, and local development and transportation standards including compliance with the Americans with Disabilities Act 6. Final Approval. During Phase I of the project, Town staff will assist in the selection and have final approval for design of the Shelters. UACALA will provide opportunities for review and comment during pre - design, schematic design, and design development. Approval of final design and construction concepts and all construction documents will be at the discretion of the Town following established procedures for building projects within the right -of -way. 7. Funding. The Town shall reimburse the UACALA for the services provided as described in Attachment A "Budget' and in accordance with the reimbursement procedures described below, for an amount not to exceed $69,948. a. Upon receipt of authorized payment requests, the Town shall convey to UACALA funds up to the amount specified in Attachment A on a reimbursement basis. All payments and reimbursements shall follow the policies outlined in the Marana Town Code. b. Town staff will review all monthly statements to confirm that the request is for reimbursement of costs incurred by UACALA for the Project. If the Town determines Regular Council Meeting - June 21, 2011 - Page 82 of 204 (00026734.nOC / 3 )3 that additional information is needed, UACALA will be notified of the request for additional information within five days of the receipt of the statement by Town. c. Upon approval, the invoice will be processed for payment within thirty days of the invoice submittal. d. The Town shall provide all necessary cooperation to its funder, the Regional Transportation Authority for Pima County, to aid processing of payment requests from UACALA. S. Termination. a. Either party may terminate the Agreement for material breach by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty -five days to cure the default. If the default is not cured within that time, the other party may terminate the Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under the Agreement. b. The Agreement may be terminated if for any reason the Marana Town Council does not appropriate sufficient funds for the purpose of maintaining the Agreement. Upon termination the Town shall have no further obligation to UACALA other than for payment of acceptable services rendered prior to termination. 9. Non - assignment. Neither party to the Agreement shall assign its rights under the Agreement to any other party without written permission from the other party to the Agreement. 10. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to the Agreement are incorporated herein by this reference. b. Amendment. The Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of the Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in the Agreement are for convenience only and are not intended to affect the meaning of any provision of the Agreement. e. Severability. In the event that any provision of the Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of the Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. Regular Council Meeting - June 21, 2011 - Page 83 of 204 100026734.DOC 13)4 f. The Agreement is subject to the provisions of A.R.S. § 38 -511 which relates to possible conflicts of interest. 11. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this agreement shall automatically vest in the Town upon completion of the Project. 12. Legal Jurisdiction. Nothing in the Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town or UACALA. 13. No Joint Venture. It is not intended by the Agreement to, and nothing contained in this agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer - employee relationship between the Town and any UACALA students faculty or staff, or between UACALA and any Town employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 14. No Third Party Beneficiaries. Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to the Agreement or affect the legal liability of either party to this agreement by imposing any standard of care different from the standard of care imposed by law. 15. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within the Agreement. a. Anti - Discrimination. The provisions of A.R.S. § 41 -1463 and Executive Order Number 994 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this agreement. b. Americans with Disabilities Act. The Agreement is subject to 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. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to the Agreement, for purposes of A.R.S. § 23 -1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23 -906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. Regular Council Meeting - June 21, 2011 - Page 84 of 204 1000267341.130C/315 16. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 17. Force Majeure. A party shall not be in default under the Agreement if it does not fulfill any of its obligations under this agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of the Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 18. Notification. All notices or demands upon any party to the Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The UACALA: Town of Martina: Gilbert Davidson Tucson, AZ 85 # ## Town Manager 11555 W. Civic Center Drive Marana, AZ 85653 19. Remedies. Either party may pursue any remedies provided by law for the breach of the Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of the Agreement. 10. Counterparts. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. Regular Council Meeting - June 21, 2011 - Page 85 of 204 {00026734.DOC / 3)6 In Witness Whereof, Town of Marana has caused the Agreement to be executed by the Mayor, upon resolution of the Town Council attested to by the Town Clerk, and the UACALA has caused the Agreement to be executed by its Chair of the Board. UACALA Board Chair Date TOWN OF MARANA: Ed Honea, Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Date The foregoing agreement between the Town of Marana and the UACALA has been approved as to content and is hereby recommended by the undersigned. Regular Council Meeting - June 21, 2011 - Page 86 of 204 (00026734.DOC / 3)7 ATTORNEY CERTIFICATION The foregoing Agreement by and between the UACALA and the Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. UACALA: Attorney for UACALA Date Town of Marana: Frank Cassidy, Town Attorney Date Regular Council Meeting - June 21, 2011 - Page 87 of 204 - {00016734.1)OC / 3 }$ Attachment A — Budget Phase I Faculty - Supple Comp $ 6,000 ERE (29.8 %) $ 1,788 Students - wages ($12/hr) $ 5,760 ERE (3.1 %) $ 179 Operations DDBC - consultant $ - Engineering - consultant $ 4,000 Printing/modeling $ 2,000 Phase II Faculty - Supple Comp $ 6,000 ERE (29.8 %) $ 1,788 Operations Printing/modeling $ 1,000 Construction Materials $ 20,000 Delivery (transportation) $ 2,000 CALA material lab use fee $ 5,000 Sub -total $ 55,515 Indirect cost Rate 26% $ 14,434 TOTAL $ 69,948 Regular Council Meeting -June 21, 2011 -Page 88 of 204 (00026734.DOC / 319 MARANA IN, W� REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 19, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Me>k;i6er , Patti Comerford, Council Mdfber Carol McGorray, Councilvj lepiber Jon Post, Council- mber Roxanne Ziegler, Gbuncil Member REGULAR COUNCIL I IIVG µ f � CALL TO ORDER AND ROLL CALL - Mayor Honea called the meeting to order auks V.m. All C � it Members were present. Y PLEDGE OF ALLEGIAROMVOCATIOL /MOMENT OF SILENCE Led by Mayor Hone APPROVAL OF AGENT P C Motion to ag�ir�oved Jouncil�er McGorray, second by Council Member Comer,,, Mo ously. CA l L` 'HE PUBLIC ¢` David Moles spoke regaimg the recent legislation signed by the Governor giving Marana the autlitlrity to opet to its sewer system. Mr. Morales is not in favor of the town taking over the svuer connections in Marana at this time. PROCLAMATIONS Ride of Silence Proclamation This proclamation is made a part of the permanent record of this meeting. National Public Safety Telecommunications Week Proclamation Read by Ms. Bronson. Mayor Honea presented the Proclamation to Sheila Blevins on behalf of the Marana Police Department Telecommunicators. Ms. Blevins thanked Council for their support and extended the appreciation of all the telecommunications Regular Council Meeting - June 21, 2011 - Page 89 of 204 1 April 19, 2011 Council Meeting Minutes staff for being recognized for their work. Several of the dispatchers were present as was the Chief of Police and members of the command staff. Mayor Honea announced that the Mayor and Council Reports and the Manager's Report would follow the Presentations tonight. PRESENTATIONS P 1: Volunteers In Police Service (VIPS) presentation to the town This presentation was made by Officer Lori Sheppard, coordinator of the VIPS program. Officer Sheppard thanked Council for the opportunity to make the presentation and noted that VIPS have been organized in Mara,, ,, 1 - 2004. In 2010, 54 volunteers participated in the program. From those 54 volun rs, 7,600 hours were J..x n donated to the town and the Marana Police Department foI f $148,048. Officer Sheppard noted that each year the number of volunteer 161rs mcrd s even when, in some years, the number of volunteers has decreased e types of s ` es have also increased. Mayor Honea commented that he and'ounci Member 3 %rford and McGorray were at the VIP luncheon, and hew , hazed and pleased by" ggWhber of hours donated by this group of citizens to the corn 1t ncil MemberComerford also thanked Officer Sheppard and said that she wtk Y role model. to Parks and Recreation 1 'T ona Parks P 2: Relating and creation Association Leisure Branch Partnership ward ..... Y P a Tom Ellis and Darice Larriva- Johnson chtnerw�ad'r�. "Ellis noted that on March 31, the Arizona Parks aud��tion Asso ton Leisuz pBranch Partnership Award given for the Marana Youth Er1kG}lment Program. That program came about in 2010 when budget constrain, tforced t fosure of soin& f,the after school programs. Members of the public who parttci , 1n�nity events came forward and offered to partner with the town i t SOme(Itiz going �1 triva- Johnson met with these folks, and 4w today th4t ogral �� T�vm I�� s Elementary School and includes busing students from I tlesnake Rldg ' ement*& r. Ellis thanked Council and noted that without Ms. - Johnson's het, staff Wimcil and the community, these types of programs and awaz guld not be p3 lble Council Member Comerford gave special recogndlon ftrv#s. Larriva -hnson and thanked her for her efforts at Parks & Recreation. MAYOR AND Cf REPORTS: SUMMARY OF CURRENT EVENTS Council Member C ierford reported on the successful fundraiser for the Marana Health Center which also attended by Councils Members McGorray and Ziegler. Council Member Comerford also attended the VIP recognition luncheon and again expressed her appreciation for the volunteerism to the town exhibited by these citizens. Vice Mayor Kai gave kudos to several members of the Public Services staff for the excellent job they're doing on westbound I -10 between Tangerine and Marana Roads. He noted that the work staff is doing with the MTC inmate labor is something that has been needed for over 50 years. He recognized Orville Saling, Cookie Gallegos, Joe Betancourt, Daniel Whitehair, Scotty Pinedo, Pedro Turrubiartes, Daniel Silva, Scott Leska and Brendan O'Connor. Vice Mayor Kai also the workers from MTC for their considerable efforts on this project. Regular Council Meeting - June 21, 2011 - Page 90 of 204 2 April 19, 201 l Council Meeting Minutes staff for being recognized for their work. Several of the dispatchers were present as was the Chief of Police and members of the command staff. Mayor Honea announced that the Mayor and Council Reports and the Manager's Report would follow the Presentations tonight. PRESENTATIONS P 1: Volunteers In Police Service (VIPS) presentation to the town This presentation was made by Officer Lori Sheppard, coordinator of the VIPS program. Officer Sheppard thanked Council for the opportunity tp, make the presentation and noted that VIPS have been organized in Marana siWtce 2004. In 2010, 54 volunteers participated in the program. From those 54 volunteers, 7,600 hours were donated to the town and the Marana Police Department for a tdt l, $148,048. Officer Sheppard noted that each year the number of volunteer liditrs incites even when, in some years, the number of volunteers has decreased to types of srMes have also increased. Mayor Honea commented that he ands�'ouncil Members Lkittfford and McGorray were at the VIP luncheon, and he w r hazed and pleased by diii0iumber of hours donated by this group of citizens to the corft ity Membef also thanked Officer Sheppard and said that she was - kit role model. P 2: Relating to Parks and Recreation ona Parks and�reation Association Leisure Branch Partnership Award Tom Ellis and Darice Larriva - Johnson chme. Ellis noted that on March 31, the Arizona Parks creation Assotion LeI Su Branch Partnership Award I given for the Marana duth Etfr� hment Program. That program came about in 2010 when budget constra'k�Tt s pTosure of som after school programs. Members of the public who particSpaLe rn Wrimmimty evens came forward and offered to partner with the tow, t some� �rriva- Johnson met with these folks, and today thagrogr a Twm'I Elementary School and includes busing students from Ilesnake Rrd jgment lir. Ellis thanked Council and noted that without Ms.'LkPf- Job nson s hstaff GiCrncil and the community, these types of programs and award mould not be pass "Council Member Comerford gave special recognition 661s. Larriva fhnson and thanked her for her efforts at Parks & Recreation. =EZ ai MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported on the successful fundraiser for the Marana Health Center which' was also attended by Councils Members McGorray and Ziegler. Council Member Comerford also attended the VIP recognition luncheon and again expressed her appreciation for the volunteerism to the town exhibited by these citizens. Vice Mayor Kai gave kudos to several members of the Public Services staff for the excellent job they're doing on westbound I -10 between Tangerine and Marana Roads. He noted that the work staff is doing with the MTC inmate labor is something that has been needed for over 50 years. He recognized Orville Sating, Cookie Gallegos, Joe Betancourt, Daniel Whitehair, Scotty Pinedo, Pedro Turrubiartes, Daniel Silva, Scott Leska and Brendan O'Connor. Vice Mayor Kai also the workers from MTC for their considerable efforts on this project. Regular Council Meeting - June 21, 2011 - Page 90 of 204 2 April 19, 2011 Council Meeting Minutes Council Member Clanagan noted that he participated in the Tour of the Tucson Mountains bike race on Saturday. It was a wonderful day and a very good turnout. Council Member McGorray noted that it's wonderful when the community gets together to support events such as the Marana Food Bank and the May 21 st Marana Health Center Grand Opening and the VIPS recognition luncheon. Mayor Honea reported on the VIPS luncheon and how everyone works together and helps the Town of Marana. Further, he acted as Master of Ceremonies for the memorial service for Georgia Acker, longtime Marana resident, community volunteer and postal worker. The event was held at the Senior Center. He noted that Mrs. Acker will be missed greatly because of her personality and willingness to help the community. He also noted that the Governor signed the wastewater legislation, SB,,1171, which was passed by both the Senate and House last week. This landmark,leg'islation will enable Marana to be a one -stop shop for businesses to develop and Oiv in our community and will give other cities and towns in Pima County the same, #btht -govern their destiny. All nine representatives from Districts 25, 26 and 30 spoi tlfe ill, and he gave high praise and recognition for their considerable efforts �T iis, I's as big as exing the Ina/Thomydale area. MANAGER'S REPORT: SUMMARY OF CUR IIT EATS' Gilbert Davidson noted that several events occurrei `the past several weeks, all of which are included in the Council Executive Report A# pavidson also thanked the ka VIPS for their service to the town ancf'E1,Officers who pa*Pte. There is also a take - back drug event at the Target center whtryh�`hpeen very suce l in the past. He also extended his thanks for the public works'�rews' Ae work thtey do in helping to maintain the town's infrastructure. V CONSENT AGENT' Motion to approve } ►iFtt +�d by Council Membei7q nrerford, second by Council Member Post. Motion carried uiniotTl , C 1: Resolution O 20 elal 't - 1 Estate; approving and authorizing the Mayor t"' 6ute lcgl ultur o. 01- 106983 with the Arizona State Land Depa1#ent for the cok ed dew ent of the Marana Heritage River Park C 2: Rei n No 2011 Relating to Utilities; approving and authorizing the Mayor to ex ds ' a one -ye xtension of the intergovernmental agreement between the Town of Maran" 'l Pima'; ounty for provision of water consumption data and sewer user account billing „lees C 3: Minutes of the`April 5, 2011 study session and the April 5, 2011 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Regular Council Meeting - June 21, 2011 - Page 91 of 204 3 April 19, 2011 Council Meeting Minutes A 1: Ordinance No. 2011.11: Relating to Development; amending Ordinance No. 2002.18 as to the allowable disturbance percentage for 5275 W. Desert Falcon Lane (APN: 216- 25 -012B) Presented by Lisa Shafer, who is asking Council for an increase in disturbance for Mark and Denise Bartlett's property located at 5275 W. Desert Falcon Lane. This property is located about one mile south of Tangerine Road in the Dove Mountain area. Ordinance No. 2002.18 calls for a 30 percent overall disturbance for any parcel in the affected area. In 2006, the then property owner of 5275 W. Desert Falcon Lane came to the town for a building permit and a grading permit. Everything was done according to procedure. In 2010, the Bartlett's bought the property. Between the time buildiq, f was completed an w l the Bartlett's purpose, the entire back area had been graded as part of an adjacent parcel. The Bartlett's were unaware of the 30 percent disturbpe factor and in 2011 came to development services and asked to put in a pooltdTsome research, staff discovered that about 52 percent of the property has beed- 4raded. ` proposed to the •t Bartlett's to come up with a re- vegetation plan for s d'o r a, staff would come to Council asking for a little disturbance fox tfie purpose of putting,the pool. The '+ Bartlett's have come up with a plan with no mor -Ahan 35')gercent disturba% = re- vegetating about 17 percent with trees, cactus, shryb�s and hell seed mix Ivls. Shafer noted that there was one letter received from Carol"' elf of the Coalition for w. Sonoran Desert Protection which had been forwarded touncil. Ms. Campbell does not appear to be opposed to the plan but rarsedconcern over the disturbance occurred in the first place.�1 s Motion by Council Member Post, second'o tincarer McGorray to approve the ordinance. Motion carranimously k, A 2: Relating to tli Pse Depttment, appointing three members of the Marana Town Council to the Con act ittee (C1 pursuant to Section 5 -9 of the Memorandum q l l m erstsGif tjtg be w''Pown of Marana and the Marana Police Officers a socia2ib[Ysasi app�ng one of those three Council member appointees as the chi of the CRC ' "i. Presented�,uzanne Ma ain, silo indicated that the only action needed is to select three membe ' om the Coltjicil and appoint a chair for the Contract Review Committee (CRC). Mayor ,gnea no that Council Members Post, Comerford and Ziegler would constitute the co d Council Member Comerford will act as chair. f Motion to approve the committee and chair moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. A 3: Resolution No. 2011 -45: Relating to Personnel; approving an amendment to the Fiscal Year 2010 -2011 classified salary schedule; adding the position title of Graphics Designer and establishing a salary grade for the position Ms. Machain noted that this new class of position will be at Salary Range 19. This position aligns with the town's Strategic Plan to continue building a new brand for Marana. The position will help shape a new communications and marketing unit within Regular Council Meeting - June 21, 2011 - Page 92 of 204 4 April 19, 2011 Council Meeting Minutes the Strategic Initiatives department, and is targeted for a more consistent voice for Marana programs through electronic media. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Josh Wright reported that Day 100 is today, and the Legislature will most likely adjourn sane die this week. There are still a couple of big bills still waitjftg go to the Governor. SB 1525, the impact fee bill, has been substantially amendedg#Wit would still dramatically change the way we do impact fee work in Marana. There 4sti or of concern about this. The League also worked very hard on this bill everrihough are staying neutral because of the work they did. The other major bill iiN IN I whiclf�ssentially a ovi second economic incentive package which is mi7g forward. The firs - 4 Presented earlier in the session was geared mainly towar4�, topolitatr areas. This i)( olu have a lot of good provisions for smaller cities. Most c an, shave been ry supportive of this bill. It has moved through the Comrttlttee of'the Whole, so there's a good chance it will be signed by the governor. He ind iMted that he hoped to come back to Council in a few weeks with TriAdt es to give a futsap of the session and the major impact on cities and towns. r� >• c EXECUTIVE SESSIONS .4 Motion to go into exec,04 mission on Items E. 2, E. 3; ihd E. 4 by Council Member McGorray, second b ouncrf A�ember Post i Motion carried unanimously at 7:31 p.m Reconvened trf$ p.m. uncil Memb �,,,ganagan was executed from Executive Session E 1: Execute �ron pur to 4 8 431.03 (A)(3)> Council may ask for discuss lary r 6611' lr n fort " l advice with the Town Attorney concerning any matter listed," ,pLr, a agend gy y E 2: Exect @ Session pub ant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or consultationitai egal advic&ith the Town's attorneys and discussion and to consider its position and inft the T n Manager and staff concerning (1) the lawsuit entitled Town of Marana va pounty/Pima County v. Marana (consolidated), Maricopa County Superior Coin tVo. CV2008- 00 1 1 3 1, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. E 3: Executive Session pursuant to A.R.S. § 38- 431.03(A)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding a settlement offer made by Plaintiff in the case of Dale Lind, dba Valley Collection Service v. Town of Marana, C20102425 Cedric Hay requested a motion from Council to proceed as discussed in executive session. Motion moved by Council Member Post, second by Council Member Comerford Motion carried unanimously 6-0. Regular Council Meeting - June 21, 2011 - Page 93 of 204 5 April 19, 2011 Council Meeting Minutes E 4: Executive Session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to consider the town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Maflana & Dove Mountain Extension project, CIP number 2001 -052, from the property owned by Tortolita Ironwood Investments LLC and generally identified as Pima County Assessor's parcel numbers 216-25 - 013C and 216- 25 -013D Cedric Hay requested a motion from Council to proceed as discussed in executive session for a settlement amount of $105,000, all interest included Motion by Council Member Post, second by Council Member Comerford, passed unanimously 6 -0. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to placet`o the agenda, if three or more council members request an item to be placed on the a elidit must be placed upon the agenda for the second regular town council meeting 'a er the I) of the request ( Marana Town Code, Title 2, Chapter 2 -4, Section 242) t nrr� Ir � ADJOURNMENT I Motion to adjourn moved by Council Member 1 o -ecote by Council Metltber McGorray at 8.23 p.m. Motion carried unanimous CERTIFICATION I hereby certify that the foregoing are the � `° d correct miff, [tt5'of the Marana Town Council meeting held on April 19, 2011 tfurtNer 0erifX that iquorum was present. '{{ d Jocelyn C. Bronson, "Fawn Cld&.' rm 3- t 6 AY�"fiF6+ a v+ 3 i f s_ S { m Regular Council Meeting - June 21, 2011 - Page 94 01204 6 April 19, 2011 Council Meeting Minutes MA REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 7, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor , i David Bowen, Council Melxtber wN'D , Patti Comerford, Council Me' r#iber Carol McGorray, CouncIlemher Jon Post, Council .Member Roxanne Ziegler, oucil Member a" REGULAR COUNCIL M�q NG Fl CALL TO ORDER AND ROLL CAt " r Mayor Honea called the meeting to order at 2 p.m. Cou ", -ember Comerford was excused. There was a quorum presettt PLEDGE OF ALLEGIA.#4 FtIFIVOCATI(32?iIMOMENd' "OF SILENCE Led by Mayor Hones, APPROVAL OF AGE Motion to app oved�uti2f "r McGorray, second by Council Member Post. Marion cat'irtrtam ,y. x - CALL"P� _THE PUBLIC Alisha 11C addressed Cocil regarding options for the Marana Estates issues as trial' zation d upcominbudget approaches, including building a new road, or restricting ace e the residential neighborhood by commercial businesses, or relocation oft he commercial She requested funds from this year's budget to help alleviate the ex* in Brianne Mesa spoke to reinforce the concerns of the neighborhood in Marana Estates that are affected by the truck traffic moving through their residential streets. She referenced prior presentations she made to Council on this issue as well as relevant sections of the Marana Town Code. Phyllis Farenga concurred with the prior comments and went on to quote Mayor Honea from an Arizona Daily Start article regarding the upcoming budget to fund Tucson Water infrastructure in Dove Mountain and Continental Ranch. Her concern is that there is money for infrastructure in two areas of Marana while other areas are unattended to. David Morales spoke on the issue of SB 1070 and the sewer business and the Pima County 5 by 5 plan. (This is Pima County's determination that it will take Marana five Regular Council Meeting - June 21, 2011 - Page 95 of 204 1 June 7, 2011 Council Meeting Minutes years or $5M, whichever comes first, to take over Marana's portion of the wastewater system from Pima County). He also referred to the law of unintended consequences and SB 1070. Mr. Morales illustrated how tourism and business has been affected by people leaving the state under this legislation. He attempted to connect the outcome of SB 1070 with Marana going into the sewer business under the County's five by five plan. Tim Kanavel, the Economic Development Manager for Pinal County and a member of AAED, the 480 - member Arizona Association for Economic Development. Mr. Kanaval presented an EDDE (Economic Developer Distinguished by Excellence) award to Josh Wright as Economic Developer of the Year, noting that this is only the second time this award has been given to someone in Pima County since 1990. This, was originally presented to Josh at the AAED conference in Prescott before appk&mrately 200 members. There were 79 people eligible for the award and Jowas chosen from five nominees this year.. PROCLAMATIONS . N A sU1 MAYOR AND COUNCIL REPORTS: SUMI Y OF CURRENT EV Council Member McGorray commented on the` orana I eblth Center gat opening. Mayor Honea commented on the Arizona Town HMC� tc empe on Friday which he and Mr. Davidson attended. r,= MANAGER'S REPORT: SUMMARY` F' - jRRENT EVE', Mr. Davidson reported that staff is working on lhgle of cpthcern in the Marana. options. Estates neighborhood, which may result inla 496 se sr regarding various p PRESENTATION ' i S n P 1: Presentation' CYO, n . ng to 0, sonnet; reco § on of employee Glenn Phillips for c going above and be onto y '� al4 , �utv by ad tltiistering emergency first aid to a citizen in need' r Mr. %M*7 made i ilesenthf #t recognizing Glenn for performing a heroic act in after pffl t jo help a cit Mr. > � further reported that the severity of the citizen's lotion was c d the of Glenn's ability to save him, but his efforts meant a lot tote family. Tenn thanked everyone and urged the town to partner with Northwest Fire tisuovide rst aid training to town staff, especially those who work in the field. This instance actually the third time he had given first aid in five years. The more training people Nave, the more willing they are to stop and give assistance. Mayor Honea expressed how proud he was of Glenn and that he is a part of the Marana family. P 2: Presentation: Relating to Special Events; update on the Star- Spangled Spectacular/Fourth of July event Presented by Josh Wright. This is one of the three largest events that the town provides to the community. Between 10,000 and 20,000 people have attended this event in past years. He thanked Adelina Martin, special events coordinator, the Council for their support, Tom Ellis and his staff at Parks & Recreation. Josh noted that Comcast is the fireworks sponsor this year. Maracay Homes is another corporate sponsor. Comcast and Regular Council Meeting - June 21, 2011 - Page 96 of 204 2 June 7, 2011 Council Meeting Minutes KOLD, and the Arizona Daily Star was selected through a bidding process as official media sponsor. The event will kick off at about 6 :00 p.m. He walked the Council and the audience through the three main areas of the event from live entertainment, a festival or party area and family activities. There will be additional food vendors this year's event. He also added that this year are additional youth games and activities. The Crossroads at Silverbell Park will also have more family areas suited for family activities or a picnic. Many Pavilion businesses are stepping up this year and offering promotions or discounts in return for free advertising. Traffic is another area of challenge that's being refined by the police department and traffic engineering. There will be both right and left turns out of The Pines. The fireworks will be launched at 9:00 p.m. behind The Pines. CONSENT AGENDA , Motion to approve moved by Council Member McGorray.4ee0n#, by Council Member Post. Motion carried unanimously. C 1: Resolution No. 2011 -56: Relating to the Pohce'Dellartment; 6 ippting the Marana Police Department's undercover police vehicles from Arizona state lawi to the designation of political subdivision motor vehi ,5 authoring the Chief'��e to renew existing vehicle registrations for undercover; slice r� ples and to ol,"t in vehicle registrations for new undercover police vehicles >" C2: Resolution No. 2011 -58: Relatir Intergovernme Relations; authorizing and directing Town of Marana representahVW ose, sponsor! And support the adoption of resolutions by the 2011 Arizona Leagttl tEit�s end Town C 3: Minutes of the M 1 11 joint stu4y session, Icy 18, 2011 regular meeting and May 24, 2011 spec lakneeting t > i LIQUOR LICENSES BOARD MITTEES '�V v co 11rf ACTION tl A I: Re on No 2011'7: Relating to Community Development; approving and authorizing tli4ayor to eR ute a memorandum of understanding between the Town of Marana and the tthem Arizona Arts and Cultural Alliance regarding the presentation and promotion of! s tic and cultural programs and events in the Town of Marana Presented by Josh Wright, who noted that at the January strategic planning session, there was discussion of promoting arts and cultural events in Marana as a priority event despite lower revenues. Staff has been looking at ways to engage outside partnerships to provide these types of events. SAACA has done events in Marana in the past — the bluegrass festival in Continental Ranch and the Arts & Crafts and the Music in the Park series. SAACA is based in Pima County but works with all jurisdictions including Casa Grande, Sahuarita, Oro Valley and Pima Community College. They have a great track record of working with a variety of organizations. Regular Council Meeting - June 21, 2011 - Page 97 of 204 3 June 7, 2011 Council Meeting Minutes This MOU is the first of a series of agreements staff would like to put in place with various community agencies that do work in Marana for little or no cost to our residents. There is no cost to the town. The cost and revenue models will be borne by SAACA. The highlights of the agreement will be that they will continue to do many of the events they have already done; and working with all of the vendors participating with the town for Founders' Day this fall. Kate Marcus, the executive director of SAACA is available to answer any questions. Council Member McGorray asked if SAACA will be controlling the fees for Founders' Day this year, and Mr. Wright replied in the affirmative that it will be done on a cost recovery model. Council Member Bowen asked if SAACA negotiated the contracts with the providers of entertainment or act as a liaison. Mr. Wright stated that SAACA will negotiate some of thcontracts as they have a much larger list of vendors to draw upon for fresh entertoffibnt. The town will also have five tables reserved. Council Member Ziegler co�jented that it was good to be large enough to outsource some of our events on a prof si level and asked if the town will be sponsoring a Founders' Day breakfast or lu`th Mr 7 Might responded that he is also working on getting an outside partner forntng awar "ent. Motion to approve moved by Council Memb lei, sdapnd by Counc )►fiber McGorra . Motion carried unanimously. ; Y y a� s�•'- .�" M N.'.IrN ITEMS FOR DISCUSSION /POSSIHi,E ACTION D 1: Legislative /Intergovernmental Re4it4 regarding all't ling state and federal legislation and report on recent meetings,oPr,legislative t>6"d No report. EXECUTIVE SESSJ S r Motion to go Into 7r ive ses�pn on item 41,mmoved by Council Member Post, second by Council M ' M Moth carried unanimously. Council IeR the Bars' 7:44 p trr _ Councilii•eturned to tiff sat u, rta, E I. ExedQt p Sesslon pur ant td A.R.S. §38- 431.03 (A)(3), Council may ask for �- discussion or . risultation > legal advice with the Town Attorney concerning any matter %., listed on this agea w E 2: Executive Sessi pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or consultation for legat 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- 00 1 1 3 1, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marano E 3: Executive Session pursuant to A.R.S. §38431.03 (A)(1) to discuss and evaluate the performance of Town Manager Gilbert Davidson Regular Council Meeting - June 21, 2011 - Page 98 of 204 4 June 7, 2011 Council Meeting Minutes FUTURE AGENDA �TMS ADJOURN Motion to _n_v « Council Member P&sec_d« Council Member M Ate Motion carried un _ . The meeting _ adjourned at 8:32p.m . CERTIFICATION leb certif that the foregoing are the true and co rrec t mi « the m=_Town Council meeting held on June 7, 2011. 1 further cert # that agog _present Jocel c Bronson, Tomcak \4y > ..�� �r � .;4 r a y V & - :GG FJW > , . > «, � � ! � q , y : \ 0 � y e � y � Regu Council Meetin - June amnPa _of _ , June :m. Council Meetin Min utes MARA A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #4 (Wholesale) liquor license application submitted by Bryant S. West on behalf of Cordon Distributors located at 6260 N. Travel Center Drive, Ste K -3 Discussion: This application is for a New Series #4 (Wholesale) liquor license application submitted by Bryant S. West on behalf of Cordon Distributors located at 6260 N. Travel Center Drive, Ste K- 3. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one -mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of June 14th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The Town's Building Safety, Planning and Legal Departments/Divisions have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department conducted a local background check of the applicant. The results of that inquiry has been included in a memorandum which is attached to this item. Based upon the information which was identified by the Marana Police Department and the inconsistent responses in the application they have recommended that a recommendation of denial be forwarded to the State Liquor Board. No other departments have any objections to the application. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before Regular Council Meeting - June 21, 2011 - Page 100 of 204 the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to the DLLC within the 60 -day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: Type: ❑ Memo_trom MPD_re_Bkyan West dba Cordon Dist application_ Memo from Sgt. Alvarez Backup (00026830).DOC Material ❑ Common Descriptions of common types of liquor Backup types_ot iquor licenses_(00018233)DOC licenses Material L-1 AffidavR_of Posdng.pdf Affidavit of Posting Backup Material ❑ Use_Fonn LGB Recommendation.pdf Recommendation Backup Material Staff Recommendation: Staff recommends that an order recommending denial be submitted to the DLLC for this liquor license application based upon the Marana Police Department's findings. Suggested Motion: OPTION 1: I move to adopt an order recommending denial of a New Series #4 (Wholesale) liquor license application submitted by Bryant S. West on behalf of Cordon Distributors located at 6260 N. Travel Center Drive, Ste K -3. OPTION 2: I move to adopt an order recommending approval of a New Series #4 (Wholesale) liquor license application submitted by Bryant S. West on behalf of Cordon Distributors located at 6260 N. Travel Center Drive, Ste K -3. Regular Council Meeting - June 21, 2011 - Page 101 of 204 . M =/I\ POLICE DEPARTMENT INTEROFFICE MEMORANDUM TO: Mayor & Council via Town Clerk's Office FROM: Sgt. Jose Alvarez SUBJECT: Liquor License Application of Bryant Scott West/Cordon Distributors, LLC DATE: June 13, 2011 The Marana Police Department was asked to perform a background check regarding the above - referenced liquor license application, submitted on May 20, 2011. During this investigation, the following concerns were noted: Bryant Scott West is listed as the agent and applicant and as one of three members, directors, officers and stockholders of Cordon Distributors, LLC. On the application's questionnaire, question number 15 states "Have you been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance, regardless of the disposition even if dismissed or expunged, within the past ten (10) years (include only traffic violations that were alcohol and/or drug related) ?" (Emphasis in original). Mr. West indicated "No" as his answer to this question. However, a records check of local law enforcement databases revealed that Mr. West was arrested on August 26, 2002 by the Pima County Sheriff's Department for violating A.R.S. § 13 -3405 — Possession of Marijuana and on August 29, 2002 Mr. West was again arrested by the Pima County Sheriffs Department for violating A.R.S. § 13 -3405 — Possession of Marijuana and A.R.S. § 13 -3415 — Possession of Drug Paraphernalia. On May 7, 2009 Mr. West was arrested by the Pima County Sheriffs Department for a violation of A.R.S. § 13 -1603 — Criminal Littering. Mr. West was notified by the Town Clerk's Office of these discrepancies, he has not yet responded. Based on this information, the Marana Police Department recommends disapproval of this license. f 000268M.DOC /I Regular Council Meeting - June 21171¢gi�- . Eli ERA —POLICE DEPARTMENT ER DRIVE, MARANA, ARIZONA 85653 PHONE: (520) 382 -2000 — FAX: (520) 382 -2001 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 04 Wholesaler T his n to -t nsfetahle tiquoe liaerlse zYltta us vrhalesaler to yr r h0Use acid distribute for sale, all types of s'pirikuous tiquof to licensed retailers within the permissions of let, G jibe ne wholesale rney riot line flti« 1,W Interest,1n a retail spl0ii ldus tigquor br slrress. A wltdleWer may- t 1?etti pate in a trcert -- - e-d "5pedial event" by f umishing advertising, sponsotsltip enif sarurc ar 'Oonatiric splr, si -quor a non. Itofgani�Itlorl. 3s. prignc7tat+Lut at a retail txsiness {ax films pp rlt.of sale on 3 1 �;�ii0lt advrlfstrtg - no uatftas {vats a s�f less #han $.CtC}) diteetty t4 consumers' ftl! aY not passarr}s6h the retailer 4 or "S",10 lWing of new products ar product;; ur(familiar to Etta pe( cin,r hg the sample:. Series 06 Bar This liquor license is transferable from person to person and /or location to location within the same county only and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Off -sale ('To GO ") package sales of spirituous liquor can be made on the bar premises as long as the area Of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty - one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Regular Council Meeting - June 21, 2011 - Page 103 of 204 (00018233.DOC 4 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 07 Beer and Wine Bar This liquor license is transferable from person to person and /or location to location within the same county only and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off -sale ('To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 09 Liquor Store This liquor license is transferable from person to person and /or location to location within the same county only and allows the holder off -sale retail privileges. This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off - sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of Regular Council Meeting - June 21, 2011 - Page 104 of 204 (00018233.DOC t) Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40 %) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. Regular Council Meeting - June 21, 2011 - Page 105 of 204 (0001 8233.130C 1) t` t is a i.. ARIZONA DEPARTMENTOF LIQUOR LICENSES AND CONTRO ti l in on` 6 Flo ©t vw li Uor,go� , �t l) f5 t Pb SfING v t k '{ ) 1 x j Date of Postin g ; - t , 'Y iec�' Posting Removals West- , ;8ryart tt Alapt cant Name. $kl5ine55 ,Qddre55;' 066 N. Trave! Center prive, ste K -3 marana 85741 . ... Street.. Crty Literrse 1 hereby certify that pursuant toA.t1.S, § 4 2Q1, I pasted notice irt'a c ©nsptcuous0face can the premises . proposed to beGcensedbythe above appli ntandsaidnoticewasp �sted.focat�easttwentyfzts) �Prim N4rd- 4GtYjCowtyf -Nki w T1W Tekowrw# _... ..:.:: Slgnawta - A6xe5igne i Return this affidavit with your recommendation (i.e, Minutes of Meeting, Verbatim, etc.) or any other r#lated , documents If you LicensingDivislon. tnrkvld�a�s requwmysperaat�comrxrspftasera�i f�zt =t�?Z LkRi14 11LiRd Regular Council Meeting - June 21, 2011 - Page 106 of 204 Arizona Department of Liquor Licenses and Control 8411-West Washingtoo, 5th, Floor ' Rvenik Arizona $5007 60 -542-5141 , LOCAL 00 - MEND MO i E t n ° CITY WN F NIAF[ANA 5�"�TE APP LICATION# 0003026 PIMA CtJUNCYOF ARIZOI A: CITY /COUN ! M r i a 'r te n ,t J + At a [ meeting of the ` ' " of the C[ ., ourty (Regular or Special),(Cower # c yl Marano jurie of heldon =the n ' dayof , the owl iMaeth) .(Y'ea'r application of C3ryant Sa1lt West far a 1[tense to sell spiritirious liquors at the promises described in Application # dd4ll 6 License Class Series _ arias considered as provided by Title 4, A.M. as amended. IT IS THEREFORE ORDERED that the }APPLICATION of Bryant Scan o! is hereby recommended for° IBpprcivalfdisappr4val} a license to sell spirituousllquors of the class, and in the manner designated'in the Application.> IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. - CITY COUN YORK DATED AT This day of (pays TMonth) (Year) .Disabledinclividuals requiring special l accomermdaticins please call the Departmertt Regular Council Meeting - June 21, 2011 - Page 107 of 204 L4A A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM ... ...... To: Mayor and Council Item B 1 From: Jocelyn Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Reso lution No. 2011 -64: Relating to Boards, Commissions and Committees; re- appointing Gary Davidson, Scott Mundell and Marsha Johnson Regrutto to the District Board of the Dove Mountain Resort Community Facilities District Discussion: Pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon), the District Manager for the Dove Mountain Resort Community Facilities District is petitioning the Council to approve the re- appointments of Gary Davidson, Scott Mundell and Marsha Johnson Regrutto. These board members' terms are set to expire in June, 2011. ATTACHMENTS: Name: Description: Type: O Dove_Mnl CFD reappts..DOC Resolution Resolution Staff Recommendation: Staff recommends adoption of Resolution No. 2011 -64, approving the District Managers re- appointments. Suggested Motion: I move to adopt Resolution No. 2011 -64; approving and authorizing the re- appointments of Gary Davidson, Scott Mundell and Marsha Johnson Regrutto to the District Board of the Dove Mountain Resort Community Facilities Disrict. Regular Council Meeting - June 21, 2011 - Page 108 of 204 MARANA RESOLUTION NO. 2011 -64 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE RE- APPOINTMENTS OF GARY DAVIDSON, SCOTT MUNDELL AND MARSHA JOHNSON REGRUTTO TO THE BOARD OF DIRECTORS OF DOVE MOUNTAIN RESORT COMMUNITY FACILITIES DISTRICT WHEREAS the Town Council, upon forming the Dove Mountain Resort Community Facilities district, appointed the initial board of directors; and WHEREAS the Town Council is responsible for subsequent appointments to the board of directors; and WHEREAS the three directors of Dove Mountain Resort Community Facilities District have terms which will expire in June 2011; and WHEREAS the developer, through the CFD's district manager, has petitioned the Council to re- appoint Gary Davidson, Scott Mundell and Marsha Johnson Regrutto to additional four -year terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Gary Davidson, Scott Mundell and Marsha Johnson Regrutto shall be reappointed to the board of directors of the Dove Mountain Resort Community Facilities District for additional four -year terms. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 21, 2011 - Page 109 of 204 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item B 2 From: Erik Montague , District Treasurer and Chief Financial Officer Strategic Plan Focus Area: Community Building Subject: PUBLIC HEARING: Resolution No. GFCFD 2011 = 02: [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012. Discussion: On May 24, 2011 the Board of Directors adopted a tentative budget for Gladden Farms Community Facilities District (GFCFD) in the amount of $1,834,440. The tentative and final budget include an ad valorem tax levy of $2.80 per one hundred ($100) of assessed valuation. After conducting a public hearing, the District Board is being asked to adopt Resolution GFCFD 2011 -02, adopting the final budget in the amount of $1,834,440 and establishing an ad valorem tax levy of $2.80 per one hundred ($100) of assessed valuation for fiscal year 2011 -2012. ATTACHMENTS: Name: Description: Type: D Resolution approving Gladden_CFD FYI Resolu0on Resolution 12 budget_(00026838).DQC 0 2011 GLADDEN CFD BDGT FINAL,pdf GFCFD Final Budget Exhibit ❑ 2012GFCFDPublishedNodce.doc Published Notice of Public Hearing Backup Material Staff Recommendation: Staff recommends adoption of Resolution GFCFD 2011 -02, adopting the final budget for fiscal year 2011 -2012. Suggested Motion: I move to adopt Resolution GFCFD 2011 -02, adopting the final budget for the Gladden Farms Community Facilities District for fiscal year 2011 -2012. Regular Council Meeting - June 21, 2011 - Page 110 of 204 RESOLUTION NO. GFCFD 2011 -02 A RESOLUTION OF THE DISTRICT BOARD OF THE GLADDEN FARMS COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET FOR THE GLADDEN FARMS COMMUNITY FACILITIES DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012 WHEREAS in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 24` 2011 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 21', 2011, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Gladden Farms Community Facilities District budget in the amount of $1,834,440, as set forth on Exhibit A, attached hereto and incorporated herein by this reference, is hereby adopted as the budget of the Gladden Farms Community Facilities District, Pima County, Arizona for the fiscal year 2011 -2012. PASSED AND ADOPTED BY THE DISTRICT BOARD OF GLADDEN FARMS COMMUNITY FACILITIES DISTRICT, Pima County, Arizona, this 21 day of June, 2011. Ed Honea, District Chairman ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, District Clerk Frank Cassidy, District Counsel Attachment: Statements & Schedules Regular Council Meeting - June 21, 2011 - Page 111 of 204 {00026838.DOC /} GLADDEN FARMS COMMUNITY FACILITIES DISTRICT (GFCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2011 -12 FY 2011 FY 2011 FY 2011 Tentative Adopted Amended Estimated FY 2012 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating) $ 62,055 $ 62,055 $ 59,573 $ 52,756 Property Tax- Secondary (Debt Service) 517,128 517,128 496,443 439,631 Developer Contributions 123,602 123,602 94,515 250,809 Total Revenues 702,785 702,785 650,531 743,196 EXPENDITURES CFD Administration 10,000 10,000 3,275 10,000 Costs of Issuance 100,000 100,000 108,697 100,000 Accounting /Auditing 2,500 2,500 1,225 2,500 Public Notification Expenses 2,000 2,000 500 2,000 Consultant Services 15,000 15,000 - 15,000 Outside Legal Counsel 10,000 10,000 - 10,000 Debt Service 640,730 640,730 654,202 690,440 Trustee Fees 4,500 4,500 4,500 4,500 Capital Improvements Acquisition 900,000 900,000 889,000 900,000 Replacement Reserve 100,000 100,000 - 100,000 Total Expenditures 1,784,730 1,784,730 1,661,399 1,834,440 Excess (Deficiency) of Revenues (1,081,945) (1,081,945) (1,010,868) (1,091,244) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds 7000,000 7000,000 7000,000 1,000,000 Total Other Financing Sources 1,000,000 1,000,000 1,000,000 1,000,000 Excess (Deficiency) of Revenues and (81,945) (81,945) (10,868) (91,244) Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 504,797 504,797 594,350 583,482 ENDING FUND BALANCE $ 422,852 $ 422,852 $ 583,482 $ 492,238 Regular Council Meeting - June 21, 2011 - Page 112 of 204 EXHIBIT A to Resolution No. GFCFD 2011 -02 GLADDEN FARMS COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF THE GLADDEN FARMS COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM THE TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2011 -2012 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of the Gladden Farms Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter- approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2011 -2012 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes § §48 -716 and 48 -723. Such hearing will be held by the District Board on Tuesday, June 21, 2011, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382 -1900. Dated this 1 st day of June, 2011 /s/ Gilbert Davidson .......... ............................... District Manager Gladden Farms Community Facilities District Published: June 9", 2011 Regular Council Meeting - June 21, 2011 - Page 113 of 204 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item B 3 From: Erik Montague , District Treasurer and Chief Financial Officer Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Resolution No. G FCFD2 20. -02: [Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms (Phase In Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms (Phase II) Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 Discussion: On May 24, 2011 the District Board adopted a tentative budget for Gladden Farms (Phase In Community Facilities District (GFCFD2 in the amount of $750. The final budget will include an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation for operations and maintenance costs of the district for fiscal year 2011 -2012. After conducting a public hearing, the District Board is being asked to adopt Resolution GFCFD2 2011 -02, adopting the final budget in the amount of $750. ATTACHMENTS: Name: Description: Type: 0 Resolution approving_GFIICFD_Fyll,,; 12 hulget_(00028839)t11,DQC Resolution Resolution 0 2011_GLADDEN2_CFD BDGT_FINAL.pdf 2012 GFCFD2 Final Budget Exhibit O 2012GFCFD2PubllshedNodce.doc GFCFD2 Published Notice Backup Material Staff Recommendation: Staff recommends adoption of Resolution GFCFD2 2011 -02, adopting the final budget for fiscal year 2011 -2012. Suggested Motion: I move to adopt Resolution No. GFCFD2 2011 -02; adopting the final budget for the Gladden Farms (Phase In Community Facilities District for fiscal year 2011 -2012. Regular Council Meeting - June 21, 2011 - Page 114 of 204 RESOLUTION NO. GFCFD2 2011 -02 A RESOLUTION OF THE DISTRICT BOARD OF THE GLADDEN FARMS (PHASE I0 COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET FOR THE GLADDEN FARMS (PHASE I1) COMMUNITY FACILITIES DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012 WHEREAS in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 24` 2011 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 21 2011, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Gladden Farms (Phase 11) Community Facilities District budget in the amount of $750, as set forth on Exhibit A, attached hereto and incorporated herein by this reference, is hereby adopted as the budget of the Gladden Farms (Phase 11) Community Facilities District, Pima County, Arizona for the fiscal year 2011 -2012. PASSED AND ADOPTED BY THE DISTRICT BOARD OF GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT, Pima County, Arizona, this 20 day of June, 2011, Ed Honea, District Chairman ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, District Clerk Frank Cassidy, District Counsel Attachment: Statements & Schedules Regular Council Meeting - June 21, 2011 - Page 115 of 204 100026839.DOC /} GLADDEN FARMS (Phase 11) COMMUNITY FACILITIES DISTRICT (GFCFD2) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2011 -12 FY 2011 FY 2011 FY 2011 Tentative Adopted Amended Estimated FY 2012 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating) $ 154 $ 154 $ 148 $ 153 Property Tax- Secondary (Debt Service) - - - - Developer Contributions - - - - Total Revenues 154 154 148 153 EXPENDITURES CFD Administration 2,500 2,500 250 500 Costs of Issuance - - - - Accounting /Auditing - - - - Public Notification Expenses 250 250 150 250 Consultant Services - - - - Outside Legal Counsel - - - - Debt Service - - - - Trustee Fees - - - - Capital Improvements Acquisition Replacement Reserve - - - - Total Expenditures 2,750 2,750 400 750 Excess(Deficiency)of Revenues (2,596) (2,596) (252) (597) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds Total Other Financing Sources Excess (Deficiency) of Revenues and (2,596) (2,596) (252) (597) Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 25,000 25,000 25,000 24,748 ENDING FUND BALANCE $ 22,404 $ 22,404 $ 24,748 $ 24,151 Regular Council Meeting - June 21, 2011 - Page 116 of 204 EXHIBIT A to Resolution No. GF2CFD 2011 -02 GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM T14E TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2011 -2012 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of Gladden Farms (Phase II) Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter - approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2011 -2012 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes § §48 -716 and 48 -723. Such hearing will be held by the District Board on Tuesday, June 21, 2011, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382 -1900. Dated this l s1 day of June, 2011 /s/ Gilbert Davidson ............. I ........................... District Manager Gladden Farms (Phase II) Community Facilities District Published: June 9'", 2011 Regular Council Meeting -June 21, 2011 -Page 117 of 204 M.ARAN A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item B 4 From: Erik Montague , District Treasurer and Chief Financial Officer Strategic Plan Focus Area: Not Applicable Subject: PU HEARING Resolution No. SS 2011 -02: [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of the Saguaro Springs Community Facilities District, Pima County, Arizona, approving the final budget for the Saguaro Springs Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 Discussion: On May 24, 2011 the Board of Directors adopted a tentative budget for Saguaro Springs Community Facilities District (SSCFD) in the amount of $2,698,250. The tentative and final budget include an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation. The debt component of $2.50 per $100 of assessed valuation will not be levied as no general obligation debt has been issued. After conducting a public hearing, the District Board is being asked to adopt Resolution SSCFD 2011 -02, adopting the final budget in the amount of $2,698,250 and establishing an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation for FY 2011 -2012. ATTACHMENTS: Name: Description: Type: O Resolution adopting-Saguaro Springs CFD FYI I- 12 budge) (00026840).DOC Resolution Resolution L) 2011-12—SSCFD Budget FINAL,pdf SSCFD Final Budget Exhibit El 2012SSCFDPublishedNofice.doc SSCFD Published Notice Backup Material Staff Recommendation: Staff recommends adoption of Resolution SSCFD 2011 -02, adapting the final budget for fiscal year 2011 -2012. Suggested Motion: I move to adopt Resolution SSCFD 2011 -02; adopting the final budget for the Saguaro Springs Community Facilities District for fiscal year 2011 -2012. Regular Council Meeting - June 21, 2011 - Page 118 of 204 RESOLUTION NO. SSCFD 2011 -02 A RESOLUTION OF THE DISTRICT BOARD OF THE SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET FOR THE SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012 WHEREAS in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 24 2011 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 21', 2011, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Saguaro Springs Community Facilities District budget in the amount of $2,698,250, as set forth on Exhibit A, attached hereto and incorporated herein by this reference, is hereby adopted as the budget of the Saguaro Springs Community Facilities District, Pima County, Arizona for the fiscal year 2011 -2012. PASSED AND ADOPTED BY THE DISTRICT BOARD OF SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT, Pima County, Arizona, this 21 day of June, 2011. Ed Honea, District Chairman ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, District Clerk Frank Cassidy, District Counsel Attachment: Statements & Schedules Regular Council Meeting - June 21, 2011 - Page 119 of 204 {00026840.DOC )} SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT (SSCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2011 -12 FY 2011 FY 2011 FY 2011 Tentative Adopted Amended Estimated FY 2012 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating) $ 20,748 $ 20,748 $ 19,918 $ 18,508 Property Tax- Secondary (Debt Service) - - - - Developer Contributions - - 158,824 Total Revenues 20,748 20,748 19,918 177,332 EXPENDITURES CFD Administration 5,000 5,000 1,250 10,000 Costs of Issuance - - - 250,000 Accounting /Auditing 2,500 2,500 500 2,500 Public Notification Expenses 2,000 2,000 250 2,000 Consultant Services - - - 15,000 Outside Legal Counsel 1,000 1,000 - 10,000 Debt Service - - - 156,250 Trustee Fees - - - 2,500 Capital Improvements Acquisition - - - 2,150,000 Replacement Reserve - - - 100,000 Total Expenditures 10,500 10,500 2,000 2,698,250 Excess (Deficiency) of Revenues 10,248 10,248 17,918 (2,520,918) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds 2,500,000 Total Other Financing Sources 2,500,000 Excess (Deficiency) of Revenues and 10,248 10,248 17,918 (20,918) Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 3,000 3,000 3,000 20,918 ENDING FUND BALANCE $ 13,248 $ 13,248 $ 20,918 $ - Regular Council Meeting - June 21, 2011 - Page 120 of 204 EXHIBIT A to Resolution No. SSCFD 2011 -02 SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM THE TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2011 -2012 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of Saguaro Springs Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter - approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2011 -2012 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes § §48 -716 and 48 -723. Such hearing will be held by the District Board on Tuesday, June 21, 2011, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382 -1900. Dated this I' day of June, 2011 /s/ Gilbert Davidson .......... ............................... District Manager Saguaro Springs Community Facilities District Published: June 9'", 2011 Regular Council Meeting - June 21, 2011 - Page 121 of 204 ARANA ./'1 w 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item B 5 From: Erik Montague , District Treasurer and Chief Financial Officer Strategic Plan Focus Area: Not Applicable Subject: _PU HEARING: Resoluti No. VFCFD 2011- 02:_[Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal year beginning July 1, 2011 and ending June 30, 2012 Discussion: On May 24, 2011, the Board of Directors adopted a tentative budget for Vanderbilt Farms Community Facilities District ( VFCFD) in the amount of $1,139,000. The tentative and final budget include an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation. The debt component $2.50 per $100 of assessed valuation will not be levied as no general obligation debt has been issued. After conducting a public hearing, the District Board is being asked to adapt Resolution VFCFD 2011- 02, adopting the final budget in the amount of $1,139,000 and establishing an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation for fiscal year 2011 -2012. ATTACHMENTS Name: Description: Type: O Res0lu4orL-adoptng_VFCFD FY11- solution Resolution 12 budget_(00026842).DOC 2011 12 2 VFCFD_8udget FINAL,pN VFCFD Final Budget Exhibit M 2012VFCFDPubtished_Notice.doc VFCFD Published Notice Backup Material Staff Recommendation: Staff recommends adoption of Resolution VFCFD 2011 -02; adopting the final budget for fiscal year 2011 -2012. Suggested Motion: I move to adopt Resolution VFCFD 2011 -02; adopting the final budget for the Vanderbilt Farms Community Facilities District for fiscal year 2011 -2012. Regular Council Meeting - June 21, 2011 - Page 122 of 204 RESOLUTION NO. VFCFD 2011 -02 A RESOLUTION OF THE DISTRICT BOARD OF THE VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET FOR THE VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012 WHEREAS in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 24` 2011 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 21", 2011, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Vanderbilt Farms Community Facilities District budget in the amount of $1,139,000, as set forth on Exhibit A, attached hereto and incorporated herein by this reference, is hereby adopted as the budget of the Vanderbilt Farms Community Facilities District, Pima County, Arizona for the fiscal year 2011 -2012. PASSED AND ADOPTED BY THE DISTRICT BOARD OF VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT, Pima County, Arizona, this 21" day of June, 2011. Ed Honea, District Chairman ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, District Clerk Frank Cassidy, District Counsel Attachment: Statements & Schedules Regular council Meeting - June 21, 2011 - Page 123 of 204 t00026842.DOC /} VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT (VFCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2011 -12 FY 2011 FY 2011 FY 2011 Tentative Adopted Amended Estimated FY 2012 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating) $ 3,875 $ 3,875 $ 3,720 $ 2,915 Property Tax- Secondary (Debt Service) - - - Developer Contributions 150,000 150,000 - 150,000 Total Revenues 153,875 153,875 3,720 152,915 EXPENDITURES CFD Administration 10,000 10,000 350 10,000 Costs of Issuance 100,000 100,000 - 100,000 Accounting /Auditing 2,500 2,500 250 2,500 Public Notification Expenses 2,000 2,000 150 2,000 Consultant Services 10,000 10,000 - 10,000 Outside Legal Counsel 10,000 10,000 10,000 Debt Service - - - - Trustee Fees 4,500 4,500 - 4,500 Capital Improvements Acquisition 900,000 900,000 - 900,000 Replacement Reserve 100,000 100,000 - 100,000 Total Expenditures 1,139,000 1,139,000 750 1,139,000 Excess (Deficiency) of Revenues (985,125) (985,125) 2,970 (986,085) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds 1,000,000 1,000,000 1,000,000 Total Other Financing Sources 1,000,000 1,000,000 1,000,000 Excess (Deficiency) of Revenues and 14,875 14,875 2,970 13,915 Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 27,471 27,471 25,000 27,970 ENDING FUND BALANCE $ 42,346 $ 42,346 $ 27,970 $ 41,885 Regular Council Meeting - June 21, 2011 - Page 124 of 204 EXHIBIT A to Resolution No. VFCFD 2011 -02 VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF THE VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM THE TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2011 -2012 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of the Vanderbilt Farms Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter - approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2011 -2012 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes § §48 -716 and 48 -723. Such hearing will be held by the District Board on Tuesday, June 21, 2011, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382 -1900. Dated this l" day of June, 2011 /s/ Gilbert Davidson .......... ............................... District Manager Vanderbilt Farms Community Facilities District Published: June 9", 2011 Regular council Meeting - June 21, 2011 - Page 125 of 204 Mid► ANA O /1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item A 1 From: Keith Brann , Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2011.15: Relating to Building; adopting the building plan review and building permit fee schedule and fee calculation method; and designating an effective date Resolution No. 2011 -65 Relating to Building; declaring the building plan review and building permit fee schedule and fee calculation method as a public record filed with the Town Clerk Discussion: In June 2009, Council adopted a building plan review and building permit fee schedule and fee calculation method. The methodology before you has slight modifications from the fee methodology that was adopted under Ordinance No. 2009.12. The basic methodology is as follows: A valuation is either submitted to the Town or calculated by the Town based on the International Code Council (ICC) building valuation tables (which assigns a valuation on a cost per square foot basis depending on type of construction). The valuation is then entered into a construction inspection fee table that dates from the 1997 Uniform Administrative Code to determine a construction inspection fee. Finally, a plan check fee and discipline fees as needed (electrical, plumbing, mechanical) are determined as a percentage of the construction inspection fee. The various fees are then added up to generate the total permit fee. Aside from grammatical and formatting changes to make the process more clear, there are three changes being proposed to the valuation method. The first change is how often we update the use of the ICC building valuation tables. The tables are updated twice a year (February and August) and the prior ordinance mandated that we always use the most current table. To give both Town staff and the development community a better ability to forecast costs, staff is proposing that for the purposes of the Town using the tables, that only the February ICC update be utilized and that its implementation be deferred until the beginning of the subsequent fiscal year, July 1. This would make the process similar to the way impact fees are adjusted. The second change is to remove the adjustment to the ICC tables for regional variations in Regular Council Meeting - June 21, 2011 - Page 126 of 204 construction values. It has been determined that the regional variation for Tucson to the national number is statistically insignificant. The third change is to change the cost of permitting for lower valuation permits. With the effort that has been made to more fully recover costs, many a la carte building permits from the comprehensive fee schedule have been established at $50. This is now in conflict with the 1997 construction inspection fee table in that its lower valuation permits start at $23.50. Town staff believes that the minimum cost of a valuation based building permit should not be below the minor a la carte building permits from the comprehensive fee schedule. Therefore, Town staff has revised the 1997 construction inspection fee table such that building permits would begin at $50. This change would increase building permit costs for all valuation based building permits for valuations less than $10,000. At $10,000 and above, the permit costs would be the same in the revised table as the 1997 table. The companion resolution to the building fee valuation ordinance makes the valuation methodology and fee schedule a public record. Financial Impact: Adoption of the ordinance will result in a slight increase in building permit fee revenue for building valuations less than $10,000. ATTACHMENTS: Name: Description: Type: O Ordinance budding fee schedule_(00026831)DOC Ordinance Ordinance 0 Resolution declaring _buildmg_fee_schedule_a-jubhc record (00026832)DOC _ Resolution Resolution O Building_ Dept._ fee _schedule_2011_(00026833).DOC Exhibit A - Building fee scheduie Exhibit Staff' Recommendation: Staff recommends adoption of the ordinance and resolution. Suggested Motion: I move to adopt Ordinance No. 2011.15; adopting the building plan review and building permit fee schedule and fee calculation method, and Resolution No. 2011 -65; declaring these items to be a public record filed with the Town Clerk. Regular Council Meeting - June 21, 2011 - Page 127 of 204 MARANA ORDINANCE NO. 2011.15 RELATING TO BUILDING; ADOPTING THE BUILDING PLAN REVIEW AND BUILDING PERMIT FEE SCHEDULE AND FEE CALCULATION METHOD; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9 -240 (A) to control the finances of the Town; and WHEREAS on June 9, 2009, the Marana Town Council adopted Ordinance No. 2009.12 establishing a building plan review and building permit fee schedule and fee calculation method; and WHEREAS through the operation of the adopted building plan review and building permit fee schedule and fee calculation method the Marana Town Council has determined that modifications to the methodology is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana building plan review and building permit fee schedule and fee calculation method, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to Resolution 2011 -65 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part of this Ordinance as if fully set out here. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. SECTION 5. This ordinance shall become effective on the thirty-fist day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: ReyuiT V % i f 1 T K ri M r F11 11120 ° Frank Cassidy, Town Attorney MARANA RESOLUTION NO. 2011 -65 RELATING TO BUILDING; DECLARING THE BUILDING PLAN REVIEW AND BUILDING PERMIT FEE SCHEDULE AND FEE CALCULATION METHOD AS A PUBLIC RECORD FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town of Marana building plan review and building permit fee schedule and fee calculation method, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file with the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council MeeOng - June 21, 2011 - Page 129 of 204 (00026832.DOC 1) Exhibit A to Marana Resolution No. 2011 -65 Marana Development Services Building Plan Review and Building Permit Fee Schedule and Fee Calculation Method Effective July 22, 2011 Permit Fee Calculation Method: General notes. This procedure applies to all building permits not specifically listed in the Town of Marana comprehensive fee schedule. General requirements. The calculation of building permit fees utilizes the International Code Council (ICC) Building Valuation Data and additional published general construction valuation data for construction types not included in the International Code Council's Building Valuation Data table, along with the "Permit Fee Table" shown in Table 1. For purposes of the ICC table, the February publication is used and implemented the following July 1. All permit fees are based on current market value of construction for the proposed project, unless otherwise noted. Either the valuation stated on the permit application or currently published valuation data will be utilized. The higher valuation amount will be used to calculate the permit fee. Basic process. The calculation of a building permit fee is a multiple step process: 1. The valuation of the proposed structure is determined 2. That valuation is entered in the "Construction Fee Table" and the construction fee is determined 3. A plan review fee of 65% of construction fee is added 4. Applicable plumbing, mechanical and electrical fees are added at the rate of 25% of the construction fee each 5. All fees are then summed for the total building permit fee. Projects with multiple buildings require a separate building permit for each structure. Additional impact fees and administrative fees may also apply. Tenant improvements. The valuation of tenant improvements beyond the first tenant improvement shall be determined by the greater of 10% of the valuation of the square foot method, or by submission of a contract value for the proposed work prepared by a certified construction estimator. The first tenant improvement for a shell building shall be calculated at the greater of 20% of the valuation of the square foot method, or by submission of a contract value for the proposed work prepared by a certified construction estimator. RegulOwii MWPP - June 21. 2011 - Page 130 of 204 Exhibit A to Marana Resolution No. 2011 -65 Marana Development Services Building Plan Review and Building Permit Fee Schedule and Fee Calculation Method Effective July 22, 2011 Table 1: Construction Fee Table Total Valuation Fee $1.00 to $500.00 $50.00 $501.00 to $2,0000.00 $50.00 for the first $500.00 plus $3.30 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $10,000.00 $99.50 for the first $2,000 plus $15.75 for each additional $1,000.00 or fraction thereof, to and including $10,000.00 $10,001.00 to $25,000.00 $225.50 for the first $10,000 plus $11.05 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and higher $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000 or fraction thereof ReguIjb@M5ij HW pp - June 21, 2011 - Page 131 of 204 MA RAN AN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item A 2 From: Erik Montague , Finance Director Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2011.16: Relating to Finance; adopting the amended Town of Marana Comprehensive Fee Schedule and designating an effective date Resolution No. 2011 -66 Relating to Finance; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed with the Town Clerk Discussion: In 2009, the Town Council adopted Ordinance 2009.11, which created a town -wide, Comprehensive Fee Schedule and standardized fees across all departments. At the time of that ordinance's adoption, it was determined that an annual review of the Comprehensive Fee Schedule should occur to ensure that the Town was continuing to cover its costs, where appropriate, and was charging fair and equitable fees to its customers. Staff conducted this year's review of the Comprehensive Fee Schedule with the following goals in mind: 1) Ensure that fees reflect the actual cost of providing programs and services to customers, where appropriate. 2) Comply with any new legal requirements mandated by federal, state and local legislation. 3) Eliminate errors, inconsistencies and unused items within the existing comprehensive fee schedule. Pursuant to A.R.S Section 9- 499.15, the Town properly posted notice of possible changes to the Comprehensive Fee Schedule. This statute requires that the Town provide notice on its website of any new or increased fees for businesses at least 60 days before the meeting scheduled to consider approving the new fees and/or fee increases. Staff worked with representatives from the Southern Arizona Home Builders Association (SAHBA) and Metropolitan Pima Alliance (MPA) to provide them the opportunity to review the proposed changes to the Comprehensive Fee Schedule and clarify any issues or areas of concern. Financial Impact: Regular Council Meeting - June 21, 2011 - Page 132 of 204 Adoption of the ordinance will result in a slight increase in development related revenue for fiscal year 2011 -2012. ATTACHMENTS: Name: Description: Type: ❑ Ordinance opproving_comprehensive fee schedule FY11- Ordinance Ordinance 12 (00026853).DOC in ❑ Resolution declaring_amended_fee schedule public record_ Resolution Resolution (00020888).DOC ❑ FYx012_Comprehensve Fee Schedule.pdf FY2012 Comprehensive Fee Schedule Exhibit ❑ Schedule _ot_ Proposed _Changes.pdf Schedule of Proposed Changes Backup Material Staff Recommendation: Staff recommends the approval of Ordinance No. 2011.16; adopting the amended Town of Marana Comprehensive Fee Schedule and designating an effective date, and Resolution 2011 -66; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed with the Town Clerk. Suggested Motion: I move to adopt Ordinance No. 2011.16; adopting the amended Town of Marana Comprehensive Fee Schedule and designating an effective date, and Resolution No. 2011 -66; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record tiled with the Town Clerk. Regular Council Meeting - June 21, 2011 - Page 133 of 204 MARANA ORDINANCE NO. 2011.16 RELATING TO FINANCE; ADOPTING THE AMENDED TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9 -240 (A) to control the finances of the Town; and WHEREAS Marano Ordinance 2009.11, adopted on June 9, 2009, established the Town of Marano Comprehensive Fee Schedule, which was made a public record by the adoption of Marano Resolution No. 2009 -87; and WHEREAS Town staff has completed its annual review of the Comprehensive Fee Schedule and recommends amendments to the schedule based on this review; and WHEREAS pursuant to A.R.S § 9- 499.15, written notice that the Town Council would meet to consider approving new fees and /or fee increases on June 21, 2011 was duly made; and WHEREAS the Town Council finds that amending the Comprehensive Fee Schedule is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION L The amended Town of Marano Comprehensive Fee Schedule, three copies of which are on file in the office of the Town Clerk of the Town of Marano, Arizona, which was made a public record by and attached as Exhibit A to Resolution No. 2011 -66 of the Town of Marano, Ari- zona, is hereby referred to, adopted and made a part of this Ordinance as if fully set out here. SECTION 2. The various town officers and employees are authorized and directed to per - form all acts necessary or desirable to give effect to this Ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effec- tive as of the effective date of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court ofcompetentju- risdiction, such decision shall not affect the validity of the remaining portions hereof. SECTION 5. This ordinance shall become effective on July 25, 2011. Regular Council Meeting - June 21, 2011 - Page 134 of 204 Moran Ordinance 2011.16 - l - {00026853.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 s1 day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 21, 2011 - Page 135 of 204 Manna Ordinance 2011.16 -2- (00026853.DOC /) MARANA RESOLUTION NO. 2011-66 RELATING TO FINANCE; DECLARING THE AMENDED TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE AS A PUBLIC RECORD FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amended Town of Marana comprehensive fee schedule, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21' day of June, 2011. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting • June 21, 2011 • Page 136 of 204 (00020668.DOC /) COMPREHENSIVE FEE SCHEDULE Proposed)une Z1, 2011 6 w mlhll il Airport Single Engine Open Tie-Down <12,SOO lbs.(Monthly) $45.00 Per tie-down Single Engine Open Tie-Down <12,500 lbs.(Daily) $4.50 Per tie-down Twin Engine Open Tie-Down <12,500 lbs. (Monthly) $67.00 Per tie-down Twin Engine Open Tie-Down <12,500 lbs. (Daily) $6.70 Per tie-down Turboprop Open Te-Down <12,500 lbs. (Monthly) $89.00 Per tie-down Turboprop Open Tie-Down <12,500 lbs. (Daily) $8.90 Per tie-down Jet Open Tie-Down <12,500 lbs. (Monthly) $111.00 Per tie-down Jet Open Tie-Down <12,500 lbs. (Daily) $11.00 Per tie-down Helicopter Open Tie-Down <12,500 lbs. (Monthly) $111.00 Per tie-down Helicopter Open Tie-Down <12,500 lbs. (Daily) $11.00 Per tie-down Aircraft Open Tie-Down 12,500 lbs. to 24,999 lbs. (Monthly) $167.00 Per tie-down Aircraft Open Tie-Down 12,500 lbs- to 24,999 lbs. (Daily) $16.70 Per tie-down Aircraft Open Tie-Down 25,000 lbs. to 49,999 lbs. (Monthly) $279.00 Per tie-down Aircraft Open Tie-Down 25,000 lbs. to 49,999 l bs. (Daily) $27.90 Per tie-down Aircraft Open Tie-Down 50,000 lbs. to 99,999 lbs. (Monthly) $557.00 Per tie-down Aircraft Open Tie-Down 50,000 lbs- to 99,999 lbs. (Daily) $55.70 Per tie-down Aircraft Open Tie-Down 100,000 lbs. to 200,000 lbs. (Monthly) $1,114.00 Per tie-down Aircraft Open Tie-Down 100,000 lbs. to 200,000 lbs. (Daily) $111.40 Per tie-down Aircraft Open Tie-Down Greater Than 200,000 lbs. (Monthly) $1,671.00 Per tie-down Aircraft Open Tie-Down Greater Than 200,000 lbs. (Daily) $167.10 Pertie-down Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle up to $279.00 Per vehicle and including 20 feet in length (Monthly) Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle up to $27.00 Pervehicle and including 20 feet in length (Daily) Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle over 20 $390.00 Per vehicle feet in length (Monthly) Temporary Open Ramp Vehicle Parking with Aircraft; Vehicle over 20 $39.00 Per vehicle feet in length (Daily) Temporary Open Ramp Vehicle Parking with Aircraft; Trailer $279.00 Per vehicle (Monthly) Temporary Open Ramp Vehicle Parking with Aircraft; Trailer (Daily) $27.00 Per vehicle Temporary Open Ramp Vehicle Parking With Aircraft; Fuel Truck $279.00 Per vehicle (Monthly) Temporary Open Ramp Vehicle Parking with Aircraft; Fuel Truck $27.00 Per vehicle (Daily) Airship Parking (Monthly) $200.00 Per airship Airship Parking (Daily) $20.00 Per airship Commercial Photography Permit (Daily) $250.00 Per permit Plus escort fees. SASO Banner Tow Permit (Annually) $250.00 Per permit Per calendar year. SASO Aircraft Charter/Taxi/Warbird Flights Permit $250.00 Per permit Plus passenger fee. Per calendar year. Self Fueling Permit (Annually) $100.00 Per permit Per calendar year. Commercial Self Fueling Permit (Annually) $500.00 Per permit Per calendar year. Commercial Fueling Permit - FBO or SASO (Annually) $500.00 Per permit Plus ground lease with airport. Fuel Flowage Fee; FBO or SASO with ground lease $0.07 Per gallon delivered Fuel Flowage Fee; Self-Fueler Based Aircraft Tenant $0.07 Per gallon pumped Fuel Flowage Fee; Commercial Self-Fueler with Permit $0.14 Pergallon delivered Plus initial fee. Fuel Flowage Fee; Commercial Self-Fueler With Permit Initial Fee $0.14 Per gallon of fuel Assessed each time fuel truck c apacity �truck re-enters airport. Regular Council Meeting - June 21, 201 - Page 137 of 204 Page 1 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 F�ejliesc�jtEitlYk "I {NI,31i !I;itlauttR.: �(�ih� Airside Escort $75.00 Per hour Minimum charge of $75.00. Airport Labor Rate $75.00 Per hour Minimum charge of $75.00. Airport Overtime Labor Rate $125.00 Per hour Minimum charge of $125.00. Airport Call -out $125.00 Per call -out Runway/Taxiway Light Replacement $300.00 Per light Airport Damage $150.00 Per incident 1 Plus actual item and /or labor cost to repair. Clerk Liquor License Application $500.00 Per application Liquor License Application; Extension of Patio Premises $25.00 Per application Plus applicable State of Arizona fees. Liquor License Application; Acquisition of Control Change or Change $150.00 Per application Plus applicable State of of Agent Arizona fees. Fireworks Permit Application $100.00 Per application Ballot Argument Fee (Deposit) $250.00 Per ballot argument $5.00 Per license Plus applicable State of Bingo License; Class A Arizona fees. $25.00 Per license Plus applicable State of Bingo License; Class B Arizona fees. $50.00 Perlicense Plus applicable State of Bingo License; Class C Arizona fees. Regular Council Meeting - June 21, 2011 -Page 138 of 204 Page 2 of 2S COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 Courts Fee for Taking Defa u it Judgment $65.00 Per udgment Jail Reimbursement Fee See note Per sentence Fee is the actual cost to the Town. Prosecution Fee $40-00 Per citation Administrative Warrant Fee $20.00 Per warrant Court Improvement Fee $35.00 Per citation Jury Cancellation Fee See note Per incidence Fee is the actual cost to the Town. Community Service Monitoring Fee $5.00 Per sentence Order of Harassment Service Fee $40,00 Per order Court-Monitored Probation Fees See note Per sentence Fee is the actual cost to the Town. Development Services Planning Annexation; Processing Fee $500.00 Per annexation Applies to annexations not initiated by the Town. General Plan Map Major Amendment; Base Fee $2,600.00 Per amendment General Plan Map Major Amendment; Acreage Pee $40.00 Per acre General Plan Map Minor Amendment; Base Fee $2,000.00 Per amendment General Plan Map Minor Amendment; Acreage Fee $20.00 Per acre Specific Plan; Residential Land up to 4.0 residences per acre; Base fee $1,400.00 Per submittal Maximum fee not to exceed $35,000.00. Specific Plan; Residential Land up to 4.0 residences per acre; Acreage $50.00 Per acre Maximum fee not to fee (if over five acres) exceed $35,000.00. Specific Plan; Residential Land 4.01 to 20 residences per acre; Base $2,500.00 Per submittal Maximum fee not to fee exceed $35,000.00. Specific Plan; Residential Land 4.01 to 20 residences per acre; $70.00 Per acre Maximum fee not to Acreage fee (if over five acres) exceed $35,000.00. Specific Plan; Residential Land 20.01 residences per acre and above $2,700.00 Per submittal Maximum fee not to and Commercial and Industrial Land Uses; Base fee exceed $35,000.00. Specific Plan; Residential Land 20.01 residences per acre and above $70.00 Per acre Maximum fee not to and Commercial and Industrial Land Uses; Acreage fee (if over five exceed $35,000.00. acres) Text Amendment to Adopted Specific Plan $1,500.00 Per submittal Maximum fee not to exceed $35,000.00. Land Use Designation Amendment to Specific Plan See note Per submittal Fee is same as total application fee for specific plan as calculated. Sign La nd Use Cha nge; Up to 1.00 Acre $550.00 Per submittal S ignificant . cant L,; e Change; 1.01 Acres to 10.00 Acres $1,250.00 Per submittal ISignificant Land Use Change; Over 10.01 Acres $1,750.00 1 Per submittal Regular Council Meeting - June 21, 2011 - Page 139 of 204 Page 3 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 unk 1 � I'h €I �I��I� (II�III;4 •p #; d, I' °,I71 }I'h , -> II ..il_�: w Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- $850.00 Per submittal 80, R -36, R -20, and R -16; Not more than five acres Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- $1,500.00 Per submittal 80, R -36, R -20, and R -16; More than five and up to ten acres Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- $2,500.00 Per submittal Maximum fee not to 80, R -36, R -20, and R -16; More than ten acres; Base fee exceed $10,000.00. Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- $100.00 Per acre Maximum fee not to 80, R -36, R -20, and R -16; More than ten acres; Acreage Fee exceed $10,000.00. Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- $1,200.00 Per submittal Maximum fee not to 80, R -36, R -20, and R -16; Site analysis review fee exceed $10,000.00. Rezoning; To rezone property from any zone to AG, RD -180, R -144, R- See note Per re- submittal Fee is SO% oforiginal fee 80, R -36, R -20, and R -16; Re- submittal Fee for applicable items. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $1,800.00 Per submittal R -6, MH, MHS, and RV; Not more than five acres Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $2,800.00 Per submittal Maximum fee not to R -6, MH, MHS, and RV; More than five acres; Base fee exceed $20,000.00. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $150.00 Per acre Maximum fee not to R -6, MH, MHS, and RV; More than five acres; Acreage fee exceed $20,000.00. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, $1,200.00 Per submittal Maximum fee not to R -6, MH, MHS, and RV; Site analysis review fee exceed $20,000.00. Rezoning; To rezone property from any zone to R -12, R -10, R -8, R -7, Per re- submittal Fee is 50% of original fee R -6, MH, MHS, and RV; Re- submittal fee for applicable items. Rezoning; To rezone property from any existing zone to RR, MU -1, $2,000.00 Per submittal MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Not more than five acres Rezoning; To rezone property from any existing zone to RR, MU -1, $3,000.00 Per submittal Maximum fee not to MR -1, MR -2, CO, INC, VC, RC, SC, VRC, CBC, and LI HI; More than five exceed $26,000.00. acres; Base fee Rezoning; To rezone property from any existing zone to RR, MU -1, $300.00 Per acre Maximum fee not to MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; More than five exceed $26,000.00. acres; Acreage fee Rezoning; To rezone property from any existing zone to RR, MU -1, $1,200.00 Persubmittal Maximum fee not to MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Site analysis exceed $26,000.00, review fee Rezoning; To rezone property from any existing zone to RR, MU -1, See note Per re- submittal Fee is 50% of original fee MR -1, MR -2, CO, NC, VC, RC, SC, VRC, CBC, and LI HI; Re- submittal for applicable items. fee Site Analysis Review (Not associated with a rezoning); Base fee $1,200.00 Per submittal Site Analysis Review (Not associated with a rezoning); Re- submittal $150.00 Per re- submittal or or revision fee revision Land Development Code Amendment $1,500.00 Per submittal Applicant - requested Continuance $200.00 Per continuance Title Report Review $280.00 Per submittal Plonnin - Preliminary Block Plat Preliminary Block Plat; 0-20 acres; base fee $350.00 Per submittal Preliminary Block Plat; 0 -20 acres; acreage fee $75.00 Per acre Regular Council Meeting - June 21, 2011 - Page 140 of 204 Page 4 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 ii �3i3 M M-1 gw% !N H 9999 1 � pl Z 1 1 Preliminary Block Plat; 20.01-120 acres; base fee $850.00 Per submittal Preliminary Block Plat; 20.01-120 acres; acreage fee S50.00 Per acre Preliminary Block Plat; Over 120 acres; base fee $3,500.00 Per submittal Preliminary Block Plat; Over 120 acres, acreage fee $25.00 Per acre Preliminary Block Plat; Miscellaneous Document Review $280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Preliminary Block Plat; Amendment, Modification or Extension See note Per submittal Fee is 50% of original fee for applicable items. Preliminary Block Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Planning - Final Block Plat Final Block Plat; 0-20.00 acres; base fee $350.00 Per submittal Final Block Plat; 020.00 acres; acreage fee $30.00 Per acre Final Block Plat; 20.01-100.00 acres; base fee $850.00 Per submittal Final Block Plat; 20.01-100.00 acres; acreage fee $20.00 Per acre Final Block Plat; Over 100.01 acres; base fee $3,850.00 Per submittal Final Block Plat; Over 100.01 acres; acreage fee $10.00 Per acre Final Block Plat; Covenants, Conditions 8, Restrictions Review $280.00 Per submittal Final Block Plat; Other Miscellaneous Report Review $280.00 Per submittal Final Block Plat; Assurance Agreement Review $280.00 Per submittal Final Block Plat; Amendment, modification or Extension See note Per affected lot Fee is 50% of original fee for applicable items. Final Block Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Planning - Preliminary Plat Preliminary Plat; Subdivision up to nine lots $3,000.00 Per submittal Preliminary Plat; Subdivision additional lot fee (over nine lots) $30.00 Perot Preliminary Plat; Miscellaneous Document Review $280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Preliminary Plat; Amendment, Modification or Extension See note Per submittal Fee is 50% of original fee for applicable items. Preliminary Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Planning - Final Plat Final Plat; Subdivision up to nine lots $1,000.00 Per submittal Final Plat; Subdivision additional lot fee (over nine lots) $30.00 Per lot Final Plat; Covenants, Conditions & Restrictions Review $280.00 Per submittal Final Plat; Other Miscellaneous Report Review $280.00 1 Per submittal Final Plat; Assurance Agreement Review 1 $280.00 Per submittal Regular Council Meeting - June 21, 2011 - Page 141 of 204 Page 5 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 . ....... .. R M Final Plat; Amendment, Modification or Extension See note Per affected lot Fee is 50% of original fee for applicable items. Final Plat; Additional Submittals After Second Submittal See note Per additional Fee is 50% of original fee submittal for applicable items. Minor Land Division; Base fee $200.00 Per submittal Minor Land Division; Third submittal and thereafter $150.00 Per additional submittal Development Plan; up to two acres of commercial or multi-family; $2,000.00 Per submittal base fee Development Plan; Additional fee for each acre over two acres $40.00 Per acre Development Plan: Miscellaneous Document Review $280.00 Per submittal Development Plan; Amendment, Modification or Extension; Up to $1,500.130 Per submittal ten acres Development Plan; Amendment, Modification or Extension; $25.00 Per acre additional fee for each acre over ten acres; Development Plan; Additional submittals after second See note Per submittal Fee is 50% of original fee for applicable items. Site Plan/Architectural Review $400.00 Per submittal Residential Design Plan $1,250.00 Per submittal Pre-Application Conference $250.00 Per submittal Conditional Use Permit; Application Fee $1,000.00 Per submittal Temporary Use Permit; Administrative Process with Council Action $500.00 Per submittal Landscape Plans, Base Fee $200.00 Persubmittal Landscape Plans; Per Sheet Fee $50.00 Persheet Excluding cover sheet. Landscape Plans; Second Submittal and Each Submittal Thereafter $40.00 Persheet Per Sheet Fee Native Plant Permit; Base fee $200.00 Per submittal Native Plant Permit; Per Sheet Fee $50.00 Persheet Excluding cover sheet. Native Plant Permit; Second Submittal and Each Submittal Thereafter $40.00 Persheet Per Sheet Fee Native Plant Permit; Exception Fee $50.00 Per submittal Board of Adjustment; Appeal Fee $250.00 Per submittal Planning Department Inspection Fee $50.00 Per inspection Planning Department Plan Check Review Fee $40.00 Per submittal Zoning Compliance Letter $75.00 Per letter Zoning Violation; Plan Check Review Fee $100.00 Per submittal Zoning Violation; Variance for Zoning Violation $850.00 Per submittal Miscellaneous Planning Commission Action Fee $250.00 Per submittal Variance Request $550-00 Per submittal Revisions to Approved Plans See note Per submittal Fee is 50% of initial application fee for each submittal. Signs; Initial Sign Fee; Per square foot of signboard on which a $1.00 Per square foot In addition to other display appears applicable fees for free- standing signs. Regular Council Meeting - June 21, 2011 - Page 142 of 204 Page 6 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 av 01 Hg � Signs; Initial Sign Fee; Per each foot of height of the sign in excess of $2.00 Per foot V In addition to other twelve feet applicable fees for free- standing signs. Height is measured from the top of the sign. Signs; Additional Fee for Lighted Signs $15.00 Per sign Signs; Permanent sign; base fee $10.00 Per permit Signs; Permanent sign; Fee for sign less than or equal to ten feet in $35.00 Per sign height Signs; Permanent sign; fee for sign over ten feet in height $50.00 Per sign Signs; Temporary sign; base fee $10.00 Per permit Signs; Temporary sign; Fee for each sign $10.00 Per sign Signs; Renewal Fee; Billboard $500.00 Per sign (Non-conforming) Signs; Blanket fee per six month period for directional signs; base fee $10.00 Per permit Signs; Blanket fee per six month period for directional signs; fee for $100.00 Per permit maximum of three signs Signs; Recovery Fee; first sign (for each occurrence) $25.00 Per sign Signs; Recovery Fee; each additional sign (for each occurrence) $10.00 Per sign Signs; Per-diem storage fee; sign less than or equal to ten feet in $5.00 Per sign height Signs; Per-diem storage fee; sign over ten feet in height $7.50 Per sign Signs; Planned sign program $560.00 Per submittal Signs; Amendment to planned sign program See note Per submittal Fee is 50% of original submittal fee. Signs; Change of Copy Fee $0.25 Per square foot Election Signs; Blanket Permit Fee $25.00 Per permit ent D rainage Report Review; 0-5 acres; base fee $715.00 Per submittal D rainage Report Review; 0-5 acres; acreage fee $55.00 Per acre D rainage Report Review; 5.01-10 acres; base fee $800.00 Per submittal Drainage Report Review; 5.01-10 acres; acreage fee $40.00 Per acre Drainage Report Review; 10.01-20 acres; base fee $850.00 Per submittal Drainage Report Review; 10-01-20 acres; acreage fee $35.00 Per acre Drainage Report Review; 20.01-50 acres; base fee $960.00 Per submittal Drainage Report Review; 20.01-50 acres; acreage fee $30.00 Per acre Drainage Report Review; 50.01-100 acres, base fee $1,465.00 Per submittal Drainage Report Review; 50-01-100 acres, acreage fee $20.00 Per acre Drainage Report Review; Over 100 acres; base fee $2,465.00 Per submittal jDrainage Report Review; Over 100 acres; acreage fee $1000 Per acre Regular Council Meeting - June 21, 2011 - Page 143 of 204 Page 7 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 S q t y i l 3I ryry(( 48 I IWil ii 4� 4 �( 41 gfi A: l i, J I I � E l � u #i 3}rc Conditional) Letter of Map Revision (CLOMR); Review Fee $70.00 Per hour Minimum fee is $350. Cost includes subsequent Letter of Map Revision (LOMB) review. Letter of Map Revision (LOMR); Review Fee $70.00 Per hour Minimum fee is $280.00. Review of Geotechnical Report; Hourly Rate $70.00 Per hour Minimum fee is $280.00. Review of Supplemental Calculations other than Drainage or $70.00 Per hour Minimum fee is $280.00. Geotechnical Reports; Hourly rate Subdivision Design Exception Report (if not part of a specific plan); $300.00 Per report Base fee Subdivision Design Exception Report (if not part of a specific plan); $200.00 Per hearing hearing fee Review of Grading Plans; 0 -5 acres, base fee $770.00 Per submittal Review of Grading Plans; 0 -5 acres; acreage fee $25.00 Per acre Review of Grading Plans; 5.01 -20 acres; base fee $800.00 Per submittal Review of Grading Plans; 5.01 -20 acres; acreage fee $20.00 Per acre Review of Grading Plans; 20.01 -40 acres; base fee $900.00 Per submittal Review of Grading Plans; 20.01 -40 acres; acreage fee $15.00 Per acre Review of Grading Plans; 40.01 -100 acres; base fee $1,010.00 Per submittal Review of Grading Plans; 40.01 -100 acres; acreage fee $13.00 Per acre Review of Grading Plans; Over 100 acres; base fee $1,340.00 Per submittal Review of Grading Plans; Over 100 acres; acreage fee $10.00 Per acre i; 1 i Regular Council Meeting - June 21, 2011 - Page 144 of 204 Page 8 of 25 COMPREHENSWE FEE SCHEDULE Proposed June 21, 2011 Bridge Plan Review; Total Valuation Fee of $1.00 to $500.99 $15.00 Per submittal Bridge Plan Review; Total Valuation Fee of $501.00 to $2,000.99 See note Per submittal Fee is $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. Bridge Plan Review; Total Valuation Fee of $2,130IZ0 to $25,000.99 See note Per submittal Fee is $45.00 for the first $2000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including 525,000.00. Bridge Plan Review; Total Valuation Fee of $25,001.00 to $50,000.99 See note Per submittal Fee is $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. Bridge Plan Review; Total Valuation Fee of $50,001.00 to See note Per submittal Fee is $414.50 for the first $100,000.99 $50,000 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. Bridge Plan Review, Total Valuation Fee of $100,001.00 to See note Per submittal Fee is $639.50 for the first $500,000.99 $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 - Regular Council Meeting - June 21, 2011 - Page 145 of 204 Page 9 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 T ! Bridge Plan Review; Total Valuation Fee of $500,001.00 to See note Per submittal Fee is $2039.50 for the first 51,000,000.99 $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. Bridge Plan Review; Total Valuation Fee of $1,000,001.00 and up See note Per submittal Fee is $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000,000.00 or fraction thereof. It �� rybi+i� w; Golf Course Plan; Base fee $300.00 Per submittal � M i' = "sls Public /Semi - Public Water System Plan Review; Base fee $400.00 Persubmittal Public/ Semi - Public Water System Plan Review; Sheet fee $95.00 Per sheet Excluding cover sheet, except in rase of one -sheet plans. l Public/Semi- Public Pool Plan Review; Base fee $200.00 Per submittal Public /Semi - Public Pool Plan Review; Hourly review rate $70.00 Per hour Three -hour minimum review time. Review of Plans for Wastewater Treatment Facilities; Base fee $500.00 Per submittal Regular Council Meeting - June 21, 2011 - Page 146 of 204 Page 10 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 mi Review of Individual Septic ON System Plans; Base fee $100.00 Per submittal Min= OR Review of Individual Septic System Plans; Monitor Percolation $70.00 Per hour Testing Review of Individual Septic System Plans; Each Additional Inspection $70.00 Per hour Review of Individual Septic System Plans; Certification $25.00 Per submittal Assurances; Substitute Assurance $300.00 Per submittal Initial assurance agreement included in final plat costs. Assurances; Partial Release of Assurance $20.00 Per submittal Type 1 Grading Permit; Base fee $100.00 Per submittal Type I Grading Permit; Plan Check Fee $175.00 Per submittal Type 1 Grading Permit; Construction Cost Fee See note Per submittal Fee is the greater of $300.00 or 2.0% of the construction cost. Type I Grading Permit; Violation Fee See note Per violation Fee is double the permit fee. Type 2 Grading Permit; Base fee $100.00 Per submittal Type 2 Grading Permit; Construction Cost Fee; Subdivisions See note Per submittal Fee is the greater of $500.00 or 1% of the construction costs or 3.5% of the construction cost for the Town acting as Engineer of Record. Regular Council Meeting - June 21, 2011 - Page 147 of 204 Page 11 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 I 7: NP ME, Type 2 Grading Permit; Construction Cost Fee; Commercial See note Per submittal Fee is the greater of Developments $800.00 or 1% of the construction costs or 3.5% of the construction cost for the Town acting as Engineer of Record. Includes multi-family ,housing developments. Type 2 Grading Permit; At-Risk Grading Fee $500-00 Per submittal Type 2 Grading Permit; Violation Fee See note Per violation Fee is double the permit fee. Blasting Permit $50.00 Per permit Fee is in addition to Type 2 Grading Permit Fee. Form B Permit; Base Fee $100.00 Per submittal Form B Permit; Construction Cost Fee See note Per submittal Fee is the greater of $500.00 or 1.0%6 of the construction costs or 4.5% of the construction cost for the Town acting as Engineer of Record. Form B Permit; Violation Fee See note Per violation Fee is double the permit fee. Form A Permit- Major Utilities; Base Fee $100.00 Per submittal Form A Permit- Major Utilities; Construction Cost Fee See note Per submittal Fee is the greater of $500.00 or 1.0% of the construction costs or 2.5% of the construction cost for the Town acting as Engineer of Record. Form A Permit - Major Utilities; Violation Fee See note Per violation Fee is double the permit fee. Floodplain; Floodplain Hazard Sheet $5.00 Per report Floodplain; Floodplain Use Permit $100.00 Per submittal Floodplain; Floodplain Variance $1,000.00 Per submittal Engineering - Traffic Review of Traffic Impact Study; Hourly Rate $70.00 Per hour Minimum fee is $560.00. Review of Traffic Impact Statement; Hourly Rate $70.00 Per hour Minimum fee is $280.00. Special Event Traffic Control Review $30.00 Per submittal Applies to events not organized by the Town. Engineefing - Environmental Archaeology Report; Monitoring Report Review $140.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Results of Monitoring Review $70.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Regular Council Meeting - June 21, 2011 - Page 148 of 204 Page 12 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 to 1 @ Archaeology Report; Class III Review $70.00 u Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Testing Plan Review $290.00 Per submittal Fee is based on estimated review time- Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Results of Testing Review $140.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Data Recovery Plan Review $280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Archaeology Report; Results of Data Recovery $140.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Phase I Environmental Site Assessment Review $280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Site Resource Inventory Review $280.00 Per submittal Fee is based on estimated review time. Actual fees may be higher at rate of $70.00 per hour. Review of Storm Water Pollution Prevention Plan $420.00 Per submittal Includes first and second submittals and first inspection. Additional submittals reviewed at rate of $210.00 per submittal. Regular Council Meeting - June 21, 2011 - Page 149 of 204 Page 13 of 25 COMPREHENSIVE FEE SCHEDULE 1 �� p Proposed June 21, 2011 fl - _.,_._,._ :.� I Stormwater Pollution Prevention Plan; Purchase of Town Template $140.00 Pertemplate Includes two copies of template. May be used for a custom lot, single family residence that is part of a common plan of development in which the master developer has already stabilized and submitted the Notice of Termination or where the S W PPP for the common plan of development was prepared under an old version of the Arizona Department of Environmental Quality Construction General Permit. Storm Water Pollution Prevention Plan; Review of Completed Town $140.00 Per submittal Includes first and second Template and Inspection submittals. Additional submittals reviewed at rate of $70.00 per submittal. Storm Water Pollution Prevention Plan; Re- inspection $50.00 Per inspection First inspection included in plan review fee. Minimum one inspection per project. Right-of-Wa Right -of -Way Permit; Base Fee $100.00 Per submittal Right -of -Way Permit; Traffic Control Plan Check Fee $50.00 Per submittal Right -of -Way Permit; Haul Route Fee $150.00 Per submittal Applies if seven or more haul trucks are required on a project. Right -of -Way Permit; Additional Extension Fee $50.00 Per extension I First extension is free. Regular Council Meeting - June 21, 2011 - Page 150 of 204 Page 14 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 22, 2011 00W Right-of-Way Permit; Violation Fee see note Per violation Fee is $1,500 plus double the permit fee. Applies when obtaining a right-of- way permit after work has already started or failure to obtain a right-of-way permit within two days after emergency right-of- way work is completed. Building Safety Re-inspection Fee $50.00 Per inspection Special Investigation or Special Final Inspections $50.00 Per investigation or inspection MENNENIffilm = Manufactured Home or Factory-built Building See note Per submittal Fee determined per State of Arizona schedule. Construction Trailers See note Per submittal Fee is $90 per submittal, plus $50 per utility (electrical, gas, water, sewer)- Demolition Permit See note Per permit Fee is $50 per submittal, plus $50 per utility (electrical, gas, water, sewer). Individual permit required for each structure. Prefabricated Spas and Above-ground Pools $75.00 Per permit INNIMERMINIMM Electrical Pedestal/Electrical Reconnect $50.00 Per permit Single Family Residential A/C or Evaporative Cooler Replacement $50.00 Per permit Does not include multi- family housing developments. Barbecue, Fireplace or Other Gas Appliance $50.00 Per permit Photovoltaic System; Commercial $750.00 Per permit Includes multi - family Photovoltaic System; Single Family Reside ntial $150.00 Per permit Regular Council Meeting - June 21, 2011 - Page 151 of 204 Page 15 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 — �'�S "' �+'� 4i II III II I It t ( t t� �M6P�� 3 L (I I I I .11R _�� ]fly �? .�_ _�i) � 161Ii) M Interior Water Re -pipe See note Per permit Fee is $50 plus $1 per linear foot of pipe run. Hot and cold water together are considered as one run. Site or Plot Plan Review for Plan Based Off of Approved Model Once $50.00 Per permit Generally used for Model Approved for Subdivision; Non - site -built Homes permitting approved model walls and pools /spas. Inspection costs based upon full valuation. Site or Plot Plan Review for Plan Based Off of Approved Model Once $100.00 Per permit Inspection costs based Model Approved for Subdivision; Site -built Homes upon full valuation. Consultant Plan Review Fees See note Per submittal Fees determined per contract with Town. Registered Plant Annual Permit; Less than 1,000,000 square feet $700.00 Per permit Registered Plant Annual Permit; Greater than 1,000,000 square feet $1,400.00 Per permit Real Property Services Right -of -Way Abandonment; Base fee $2,500.00 Per submittal Right -of -Way Abandonment; Appraisal Fees See note Per submittal Fee is actual cost to applicant. Right -of -Way Abandonment; Title Report & Closing Fees See note Per submittal Fee is actual cost to applicant. Right -of -Way Abandonment; Surveyor Fees See note Per submittal Fee is actual cost to applicant. Release of Easement; Base fee $655.00 Per submittal Release of Easement; Appraisal Fees See note Per submittal Fee is actual cost to applicant. Release of Easement; Title Report & Closing Fees See note Per submittal Fee is actual cost to applicant. Release of Easement; Surveyor Fees See note Per submittal Fee is actual cost to applicant. Regular Council Meeting - June 21, 2011 - Page 152 of 204 Page 16 of 2S COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 1 = mmn' License Agreement; Appraisal Fees See note Per submittal Fee is actual cost to applicant. License Agreement; Surveyor Fees See note Per submittal Fee is actual cost to applicant. Public Improvement Construction and Repayment Agreement; $5,000.00 Per submittal Fee may be higher Application Fee depending upon administrative costs to process application. Public Improvement Construction and Repayment Agreement; See note Per year Fee is calculated based on Annual Administration Fee actual cost to administer agreement. Minimum fee is OEM Other Services Inspections Outside Normal Business Hours (8:00 AM to 2:30 PM) $65.00 Per hour Two-hour minimum inspection time.. Copy of Development Submittal; 8.5" x 11" Document $0.25 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Copy of Development Submittal; 8.5" x 14" Document $0.25 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Copy of Development Submittal; 11" x 17" Document $0-25 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals jonly. Copy of Development Submittal; 18" x 24" Document $1.00 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only, Regular Council Meeting - June 21, 2011 - Page 153 of 204 Page 17 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 fse1'� j w 11, IN 11!mEY Copy of Development Submittal; 24" x 36" Document $1.00 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Copy of Development Submittal; Document Larger than 24" x 36" $1.50 Per sheet Does not apply to public records requests. Fee is applicable to development services customers for copies of their submittals only. Finance Surface Mining License $10,000.00 Per license Business License; Full Year; Initial Fee $50.00 Per license Business License; Full Year; Annual Renewal Fee $40.00 Per year Business License; Sexually Oriented Business; Initial or Annual $500.00 Per license Renewal Fee Employee License; Sexually Oriented Business; Initial or Annual $50.00 Per license Renewal Fee Massage Establishment License; Application Fee $75.00 Per application Non - refundable Massage Establishment Manager License; Application Fee $25.00 Per application Non - refundable Massage Establishment License; Full Year; Initial Fee $100.00 Per license Refundable if license application is denied Massage Establishment Manager License; Full Year; Initial Fee $50.00 Per license Refundable if license application is denied Massage Establishment License; Full Year; Annual Renewal Fee $100.00 Peryear Massage Establishment Manager License; Full Year; Annual Renewal $50.00 Per year Fee Massage Establishment Location Change Application Fee $25.00 I Per application Miscellaneous Dog License Fees; Unaltered Dog; Standard Fee $60.00 I Per animal Regular Council Meefing - June 21, 2011 - Page 154 of 204 Page 18 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 Dog Ucense Fees; Unaltered Dog; Senior/Disabled Fee $17.00 Per animal Dog License Fees; Altered Dog; Standard Fee $15.00 Per animal Dog License Fees; Altered Dog; Senior/Disabled Fee $10.00 Per animal Dog License Fees; Dog Declared Vicious, Destructive, and/or $100.00 Per animal Dangerous Dog License Fees; Duplicate License Fee $10.00 Per license Dog License Fees; Delinquent Payment/Licensing Fee; Between 30 $10.00 Per animal days and I Year After Due Date Dog License Fees; Delinquent Payment/Licensing Fee; Between 1 $22.00 Per animal Year and 2 Years After Due Date Dog License Fees; Delinquent Payment/Licensing Fee; More than 2 $36.00 Per animal Years After Due Date Dog License Fees; License Transfer Fee $10.00 Per transfer Notary Fee $2.00 Per notary certification Public Records Requests; 8.5" x 11" Copy; Black & White or Grayscale $0.50 Per sheet Public Records Requests; 8.5" x 11" Copy; Color $1.00 Per sheet Public Records Requests; 8.5" x 14" Copy; Black & White or Grayscale $0.50 Per sheet Public Records Requests; 8.5" x 14" Copy; Color $1.00 Per sheet Public Records Requests; 11" x 17" Copy; Black & White or Grayscale $0.75 Per sheet Public Records Requests; 11" x 17" Copy; Color $1.50 Per sheet Public Records Requests; 18" x 24" Copy; Black & White or Grayscale $2.00 Per sheet Public Records Requests; 18" x 24" Copy; Color $4-00 Per sheet Public Records Requests; 24" x 36" Copy; Black & White or Grayscale $2.00 Per sheet Public Records Requests; 24" x 36" Copy; Color $4-00 Per sheet Public Records Requests; Document Larger than 24" x 36" Copy; $3.00 Per sheet Black & White or Grayscale Public Records Requests; Document Larger than 24" x 36" Copy; $5.00 Per sheet Color Public Records Requests; Documents Used for Commercial (for- $10.00 Per hour Plus Commercial Value Fee. profit) Purposes; Base Search Fee Public Records Requests; Documents Used for Commercial (for- See note Per request Fee is the same as profit) Purposes; Commercial Value Fee applicable rate for non- commercial public records requests, plus the current commercial value of the information as determined by the Town. Files Sent Out for Copying/Scanning See note Per submittal Fee is actual cost to Town. Shipping/Mailing Services See note Per submittal Fee is actual cost to Town. Fee for Emalling or Faxing a Document $0.00 Per document Document conversion fee may still apply. Data CD $10.00 Per disc Plus document conversion fee. Audio CD $5.00 Per disc JDVD $20.00 Per disc Regular Council Meeting - June 21, 2011 - Page 155 of 204 Page 19 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June Z1, 2011 ��� ��y� ��� I �Ili °ill Ili�i Il�ill.a (j Eri [ . II Ii lii i9�41E �dt ? JF Ii Late Payment Fee $15.00 Per late payment Returned Check Fee $25.00 Per returned check Document Recording Fees See note Per recording Fees determined per Pima or Pinal County schedule (as appropriate). Document Conversion Fee $4.00 Per submittal Includes revisions and deferred submittals. Fee is in addition to permit base fees - Parks & Recreation Parks & Recreation Activity Registration Cancellation or Refund $13.00 Per cancellation or Charged only when Administration Fee refund cancellation is due to fault of client. If refunds are required & no fault of client - charge is waived. Recreation Activity, Camp, After School Program, or Special Interest See note Per registration Rates are set by Parks & Class Registration Fee Recreation Department according to policy and depending on activity. Fees are reviewed by PRCAC. Rates may differ for residents and non- residents. Open Swim; Baby Pool $0.25 Per visit Persons supervising children but not using pool facilities are not charged. Open Swim; Persons Under 18 Years of Age $1.00 Per visit Persons supervising children but not using pool facilities are not charged. Open Swim; Persons 18 Years of Age and Older $2.00 Per visit Regular Council Meeting - June 21, 2011 - Page 156 of 204 Page 20 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 R IM ME Pool Pass; Family $60.00 Per pass Pool Pass; Persons Under 18 Years of Age $35.00 Per pass Pool Pass; Persons 18 Years of Age and Older $45.00 Per pass Vender Booth Application Fee; With Canopy; Commercial or Sales $200.00 Per application Applies to special events Use organized by Town. Vendor Booth Application Fee; With Canopy; Non-commercial or $150.00 Per application Applies to special events Informational Use organized by Town. Vendor Booth Application Fee; Without Canopy; Commercial or Sales $75.00 Per application Applies to special events Use organized by Tom. Vendor Booth Application Fee; Without Canopy; Non-commercial or $25.00 Per application Applies to special events Informational Use organized by Town. Vendor Electrical Fee $25-00 Per application Applies to special events organized by Town. Parade Entry Fee $5-00 Per application Applies to special events organized by Town. Park Facility Rental; Small Ramada $10.00 Per hour Park Facility Rental; Large Ramada $12.00 Per hour Park Facility Rental; Pavilion Ramada $15.00 Per hour Park Facility Rental; Group Ramada $30.00 Per hour Park Facility Rental; Multi-Purpose, Baseball, or Softball Field $5.00 Per hour Park Facility Rental; Multi-Purpose, Baseball, or Softball Field with $8.00 Per hour Two-hour minimum rental. Lights Park Facility Rental; Pool $50.00 Per hour Plus cost of required lifeguard services. Lifeguard Services $15.00 Per hour NNINN Youth Program Participation Fee $100.00 Per session Includes all youth, afterschool and summer camp programs. Park Alcohol Permit $25.00 Per permit Police Fingerprint Identification Card; Livescam Fee $10.00 Per card Fingerprint Identification Card; Ink & Roll Fee $15.00 Per card Towed Vehicle Release; Administration Fee $150.00 Per vehicle Police Records; Photographs $1.00 Per photograph Police Records; Photograph Handling Fee $10.00 Per request Vehicle Storage Fee; Base Fee $25.00 Per vehicle Applies to vehicles stored on Town property. Vehicle Storage Fee; Daily Rate $10.00 Per day Applies to vehicles stored on Town property. Fractions of a day are rounded up to the cost of a full day. Regular Council Meeting - June 21, 2011 - Page 157 of 204 Page 21 of 2S COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 Extra -duty Police Services; Dispatcher; Hourly Rate $30.00 Per hour Per extra -duty police services agreement. Applies to police services hired for private events. Extra -duty Police Services; Surcharge for 72 Hours or Less Advance See note Per hour Fee is $10.00 per hour for Notice of Need for Police Services each type of police worker in addition to established hourly rates. Per extra -duty police services agreement. Applies to police services hired for private events. Extra -duty Police Services; Police Vehicles; Per Vehicle Daily Rate $50.00 Per day Per extra -duty police services agreement. Applies to police services hired for private events. Technology Services Change in Existing Street Name $177.00 Per street Addresses Required to be Changed Due to Change in Street Name $48.00 Per address Change in Existing Residential Street Address /Number $62.00 Per address Change in Existing Commercial Street Address /Number $62.00 Per address Street Name Change Appeal $177.00 Perappeal Address Number Change Appeal $177.00 Per appeal Standard Printed or Plotted Map; 8.5" x 11" Color $1.00 Per sheet Standard Printed or Plotted Map; 11" x 17' Color $3.00 Per sheet Standard Printed or Plotted Map; 24" x 36" Color $10.00 Per sheet Standard Printed or Plotted Map; 48" x 36" Color $15.00 Per sheet Utilities Water Meter Monthly Base Rate; 5 /8" and 3/4" Meter $15.12 Per meter Regular Council Meeting - June 21, 2011 • Page 158 of 204 Page 22 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 gi NH ij Water Meter Monthly Base Rate; I" Meter $36.72 Per meter Water Meter Monthly Base Rate; 1.5" Meter $39-96 Per meter Water Meter Monthly Base Rate; 2" Meter $46.44 Per meter Water Meter Monthly Base Rate; 3" Meter $62.64 Per meter Water Meter Monthly Base Rate; 4" Meter $110.16 Per meter Water Meter Monthly Base Rate; 5" Meter $164.16 Per meter Water Meter Monthly Base Rate: 6" Meter $218.16 Per meter Water Meter Monthly Base Rate; Standpipe $0.00 Per meter Standpipe Setup Fee $35.00 Per standpipe Water Use Charge; Standpipe/Hydrant Meters (Billed Monthly) $3.24 Per 1,000 gallons Hydrant meter minimum I monthly fee is $65.00. Water Use Charge; Multi-family, Commercial, Industrial, Government $2.86 Per 1,000 gallons and Irrigation Uses (Monthly) Water Use Charge; Single Family Residences, Consumption between $2.32 Per 1,000 gallons 0 and 10,000 gallons (Monthly) Water Use Charge; Single Family Residences, Consumption between $3.24 Per 1,000 gallons 10,001 and 20,000 gallons (Monthly) Water Use Charge; Single Family Residences, Consumption between $4.21 Per 1,000 gallons 20,001 and 30,000 gallons (Monthly) Water Use Charge; Single Family Residences, Consumption between $5.18 Per 1,000 gallons 30,001 and 40,000 gallons (Monthly) Water Use Charge; Single Family Residences, Consumption over $7.45 Per 1,000 gallons 40,000 gallons (Monthly) Groundwater Resource/Acquisition Fee $0.30 Per 1,000 gallons Water Meter Refundable Deposit; 5/8" x 3/4" Meter $130.00 Per meter Rate also applies to single family residences that could have been served by a 5/8" x 3/4" meter but for fire suppression facilities that make the larger meter necessary. Water Meter Refundable Deposit; I" Meter $337.50 Per meter Water Meter Refundable Deposit; 1.5" Meter $650.00 Per meter Water Meter Refundable Deposit; 2" Meter $1,040.00 Per meter Water Meter Refundable Deposit; 3" Meter $1,950.00 Per meter Water Meter Refundable Deposit; 4" Meter $3,250.00 Per meter Water Meter Refundable Deposit; 6" Meter $6,500.00 Per meter I Nimmons= Water Meter Refundable Deposit; Hydrant Meter $1,300.00 Per meter Water Meter Refundable Deposit; Floating Meter $750.00 Per meter Hydrant Setup Fee $225.00 Per hydrant New Water Meter; 5/8" Meter $360.00 Per meter New Water Meter; 3/4" Meter $400.00 Per meter New Water Meter; I" Meter $460.00 , Per meter Regular Gouncil Meeflng - June 21, 2011 - Page 159 OF 204 Page 23 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 _ Drxcriptiarr = y�IiN "I l Mn , New Water Meter; 1.5" Meter $920.00 Per meter New Water Meter; 2" Meter $1,840.00 Per meter New Water Meter; 3" Meter $3,080.00 Per meter New Water Meter; 4" Meter $4,800.00 Per meter New Water Meter; 6' Meter $8,660.00 Per meter Water Meter Installation Return Trip Charge $55.00 Per return trip Water New Service Establishment Fee $90.00 Per customer Applies to new accounts established between the hours of 9:00 AM and 4:00 PM, Monday through Friday, with 24 hours notice. Does not apply to holidays. Water After- hours New Service Establishment Fee $300.00 Per customer Water Reconnect Fee $105.00 Per customer Customer must also make the account current on payments. Same conditions apply as with new service establishment fee. Water Reconnect Fee; Additional Fee for Violation $250.00 Per violation Applies if violation is not corrected within twenty - four hours. Fee is in addition to any other applicable reconnection fees. Water After -hours Reconnect Fee $160.00 Per customer Customer - requested Meter Re -read $35.00 Per re -read Fee is refundable if meter is found to be inaccurate, defined as an error of greater than 3 %. Water Unpaid Bill Outside Collections Fee See note Per customer Fee for an unpaid water bill being sent to an outside collections agency is the returned check fee plus 25% of total unpaid bill. Customer - requested Meter Test $110.00 Per test Fee is refundable if meter is found to be inaccurate, defined as an error of greater than 3 %. Hydrant Meter Relocation $120.00 Per hydrant Standpipe Card Replacement Fee $10.00 Per standpipe Vacation Service Fee $14.00 Per service Wastewater Monthly Service Fee $6.82 Per customer Effective on day Town takes over operation of wastewater system from Pima County. Wastewater Volume Charge $2.25 Per 1,000 gallons Effective on day Town takes over operation of wastewater system from Pima County. Regular Council Meeting - June 21, 2011 - Page 160 of 204 Page 24 of 25 COMPREHENSIVE FEE SCHEDULE Proposed June 21, 2011 t l �li ffl ll�j ° : „s.�... u..�. #il l I ,E�;i: .is h=s. � * j Wastewater Service Security Deposit $125.00 Per customer Effective on day Town takes over operation of wastewater system from Pima County. Wastewater New Service Establishment Fee $35.00 Per customer Effective on day Town takes over operation of wastewater system from Pima County. Hydraulic Modeling Review $1,500.00 Persubmittal Fees may be higher depending on size of development and time needed to review. Miscellaneous Backflow Prevention and Cross - Connection Permit Fee $80.00 Per permit Applies to any backflow prevention and cross - connection- related permit not covered under another fee. Form APermit - Marana Water; Base Fee $100.00 Per submittal Form A Permit - Marana Water; Construction Cost Fee See note Per submittal Fee is the greater of $1,000 or 2.5% of the construction cast. Form A Permit - Marana Water; Violation Fee See note Perviolation Fee is double the permit fee. 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L v V w N a E 12 Oo W 0o NI i'z a L a a 3 a y a a 'a n � n w �« in - - ti a u m ° - `a m a E a E � A O n m a a a a � 0 0 `w `w o ° c c c c 0 w v w £ E E e a a A Q O Y d u m 3 3 3 0 o N N O O O O O O O G u1 ti N O t+l VY N V1 N VY N N ti N O O O O rl O O O O Vf O O O G Vf N N N h N N N 1A L O ° q O f W v v .°. 3 w a ° 1 ° E u N W � O W a n N LL h d a n Z r r W LL a a > > ° U c c j 8 E,2 a i O E E d s a 3 - 1- 2 c H � z ° a z o c Q LL f H w w m Z a� y a w 3 z Exhibit A Marana Development Services Building Plan Review and Building Permit Fee Schedule and Fee Calculation Method Effective July 22, 2011 Permit Fee Calculation Method: General notes. This procedure applies to all building permits not specifically listed in the Town of Marana comprehensive fee schedule. General requirements. The calculation of building permit fees utilizes the International Code Council (ICC) Building Valuation Data and additional published general construction valuation data for construction types not included in the International Code Council's Building Valuation Data table, along with the "Permit Fee Table" shown in Table 1. For purposes of the ICC table, the February publication is used and implemented the following July 1. All permit fees are based on current market value of construction for the proposed project, unless otherwise noted. Either the valuation stated on the permit application or currently published valuation data will be utilized. The higher valuation amount will be used to calculate the permit fee. Basic process. The calculation of a building permit fee is a multiple step process: 1. The valuation of the proposed structure is determined 2. That valuation is entered in the "Construction Fee Table" and the construction fee is determined 3. A plan review fee of 65% of construction fee is added 4. Applicable plumbing, mechanical and electrical fees are added at the rate of 25% of the construction fee each 5. All fees are then summed for the total building permit fee. Projects with multiple buildings require a separate building permit for each structure. Additional impact fees and administrative fees may also apply. Tenant improvements. The valuation of tenant improvements beyond the first tenant improvement shall be determined by the greater of 10% of the valuation of the square foot method, or by submission of a contract value for the proposed work prepared by a certified construction estimator. The first tenant improvement for a shell building shall be calculated at the greater of 20% of the valuation of the square foot method, or by submission of a contract value for the proposed work prepared by a certified construction estimator. Regular Council Meeting - June 21, 2011 - Page 173 of 204 Exhibit A Marana Development Services Building Plan Review and Building Permit Fee Schedule and Fee Calculation Method Effective July 22, 2011 Table 1: Construction Fee Table Total Valuation Fee $1.00 to $500.00 $50.00 $501.00 to $2,0000.00 $50.00 for the first $500.00 plus $3.30 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $10,000.00 $99.50 for the first $2,000 plus $15.75 for each additional $1,000.00 or fraction thereof, to and including $10,000.00 $10,001.00 to $25,000.00 $225.50 for the first $10,000 plus $11.05 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,000.00 and higher $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000 or fraction thereof Regular Council Meeting - June 21, 2011 - Page 174 of 204 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item A 3 From: Suzanne Machain , Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -67. Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2011 -2012 Discussion: Annually, the Mayor and Council must formally adopt a salary schedule for the following fiscal year which authorizes the payment of specific salary rates to employees. Other than pay changes associated with new assignments, reclassifications, promotions or demotions in accordance with Personnel Policies and Procedures, employees will not receive a general or performance -based pay adjustment in FY 2012. The salary amounts delineated in the attached classified salary schedule remain unchanged from FY 2011. While the salary rates (minimum to maximum) for each grade will not change, the schedule contains changes as noted below. Salary grade assignments for the new classification titles were made in accordance with the Town's salary analysis practice (comparator market matching, or job evaluation where a market match did not exist). A summary of the changes are as follows: Classification title changes Backflow Specialist - Formerly Water Backflow Specialist Utilities Operator I and II - Formerly Water Operator I and II Water Quality Inspector - Formerly Water Line Construction Inspector Utilities Line Inspector/Plan Reviewer - Formerly Water Line Inspector/Plan Reviewer Public Information Officer (PIO) - Formerly Community Relations/Public Information Officer (PIO) Existing-classifica titles with salary grade chan Human Resources Coordinator - Grade 15 (Formerly Grade 14) New classifi tit and correso sala grades sor Utilities Production &Distribution Superade 21) Police Captain - (Grade 25) An affirmative vote on the attached resolution will accomplish the adoption of the FY 11 Classified Salary Schedule effective July 1, 2011. Regular Council Meeting -June 21, 2011 -Page 175 01204 Financial Impact: Corresponding salary increases for employees in positions reclassified to either existing or new classifications have been incorporated within the FY 2012 budget. ATTACH Name: Description: Type: O Resolution—adoption of FYI 1 - 12 class'died_schedute_ Resolution Resolution (00025984).DOC O FY2o11- 12 CWssified_Saliny Scheduleads FY 12 Classified Salay Schedule Exhibit Staff Recommendation: Staff recommends the adoption of the FY 2012 Classified Salary Schedule. Suggested Motion: I move to adopt Resolution No. 2011 -67; approving a salary schedule for classified employees for FY 2011 -12. Regular Council Meeting - June 21, 2011 - Page 176 of 204 MARANA RESOLUTION NO. 2011-67 RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR CLASSIFIED EMPLOYEES FOR FISCAL YEAR 2011 -2012 WHEREAS the Marana Town Code, Section 3 -3 -1, provides that the Town Council shall adopt a personnel system for classified employees of the Town; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3 -3, provides that the Town Manager shall ensure the preparation, development and maintenance of a classification plan for classified employees and that any amendments to the plan require the approval of the Town Council; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3 -4, provides that the Town Council shall adopt a salary schedule for classified employees; and WHEREAS the Town Council finds that adoption of the classified salary schedule as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Classified Salary Schedule for fiscal year 2011 -2012 attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Classified Salary Schedule in Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 21, 2011 - Page 177 of 204 (00025984,DOC !} Town of Marana CLASSIFIED SALARY SCHEDULE* FV 2011 -2012 Grade 10 $18,240 $22,800 $27,360 Annual 424 Document Imaging Clerk Nonexempt $1,520.00 $1,900.00 $2,280.00 Mommy 824 Recreation Aide Nonexempt $8.77 $10.96 $13.15 Haur(v 410 ReproductiowSupply Clerk Nonexempt 446 Transcriptionist Nonexempt Grade 11 $20,064 $25,080 $30,096 Annual 412 Mail Carrier /Courier Nonexempt $1,672.00 $2,090.00 $2,508.00 Momhly 422 Office Support Assistant Nonexempt $965 $1206 $14.47 Huurlp 818 Recreation Center Attendant Nonexempt Grade 12 $22,072 $27,590 $33,108 Annual 408 Customer Service Specialist Nonexempt $1,839.33 $2,299.17 $2,759.00 Mammy 700 Laborer Nonexempt $10.61 $13.26 $15.92 Hourly 822 Recreation Assistant Nonexempt 820 Recreation Leader Nonexempt Grade 13 $24,280 $30,350 $36,420 Annual 420 Accounts Payable Clerk nonexempt $2,023.33 $2,529.17 $3,035.00 Mornhb 456 Court Clerk Nonexempt $t 1.67 $14.59 $17.51 Houriy 436 Customer Service Clerk Nonexempt 610 Engineering Assistant Nonexempt 414 Human Resources Technician Nonexempt Grade 14 $26,704 $33,380 W,056 Anmml 417 Accounting Clerk Nonexempt $2,225.33 $2,781.67 $3,338.00 Month /,v 406 Administrative Secretary Nonexempt $12.84 $1605 $19.26 Houriy 812 Court Security Guard Nonexempt 612 Facilities Technician Nonexempt 614 Elect Technician l Nonexempt Grade 15 $29,376 $36,720 $44,064 A.? 404 Agenda & Records Clerk Nonexempt $2,448.00 $3,060.00 $3,672,00 Momhh 450 Court Collections Specialist Nonexempt $14.12 $17.65 $21,18 Hourly 454 Courtroom Specialist Nonexempt 438 Executive Assistant Nonexempt 702 Inmate Services Coordinator Nonexempt 416 Human Resources Coordinator Nonexempt 600 Maintenance Worker Nonexempt 430 Permit Clerk Nonexempt 418 Senior Accounting Clerk Nonexempt 616 Small Engine Mechanic Nonexempt 442 Utility Billing Specialist Nonexempt 528 Backflow Specialist Nonexempt Grade 16 $32,312 $40,390 $48,468 Anmml 434 Development Coordinator Nonexempt $2,692.67 $3,365.83 $4,039.00 M rrhly 336 Engineering Aide Nonexempt $15.53 $19.42 $23.30 Hoary 508 - Fleet Technician ll Nonexempt 500 Hearing, Ventilating & Air Conditioning(HVAC) Technician Nonexempt 306 Planning Technician Nonexempt 304 Plans Review Technician Nonexempt 458 Project Coordinator Nonexempt 466 Recreation Programmer Nonexempt 526 Right of Way Inspector Nonexempt 428 Senior Permit Clerk Nonexempt 618 Signal Technician l Nonexemyt 606 Utilities Operator I Nonexempt Grade 17 $35,544 $44,430 $53,316 Annual 472 Administrative Manager Exempt $2,96200 $3,702.50 $4,443.00 Momhro 544 Acceptance Inspector Nonexempt $17.09 $2L36 $2563 Houriy 314 Computer Technician Nonexempt 525 Construction Inspector Nonexempt Regular Council Meeting - June 21, 2011 - Page 178 of 204 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2011 -2012 534 Electric Pump& Well Technician Nonexempt 312 Geographic Information Systems (GIS) Technician Nonexempt 426 Legal Assistant Nonexempt 602 Maintenance Coordinator Nonexxn t 322 Real Property Acquisition Agent Exempt 402 Records & Elections Coordinator Exempt 460 Senior Administrative Assistant Nonexempt 604 Senior Maintenance Worker Nonexempt 704 Signs & Markings Technician Nonexempt 532 Water Quality Inspector Nonexempt 608 Utilities Operator ll Nonexempt Grade 18 $39,096 $48,870 $58,644 Aununl 518 Building Inspector l Nonexempt $3,258.00 $4,07150 $4,887.00 Monrhty 232 Contracts Analyst Exempt $18.80 $23.50 $28.19 Horly 474 Council Liaison Exempt 242 Court Probation Monitor Nonexempt 200 Curation Specialist Exempt 710 Foreman Nonexempt 462 Grants & Housing Coordinator Exempt 514 Housing Rehabilitation Specialist Exempt 208 Human Resources Analyst Exempt 276 Management Assistant Exempt 214 Payroll Administrator Exempt 476 Recreation Coordinator Exempt 324 Senior But Properly Acquisition Agent Exempt 542 Signal Technician II Nonexempt 440 Special Events Coordinator Exempt _5-M _ Utilities Line Inspector/Plan Reviewer Nonexempt Grade 19 $43,008 $53,760 $64,512 Anomnl 516 Building Inspector ll Nonexempt $3,584.00 $4,48000 $5,376.00 Morrthle 540 Community Response Manager Nonexempt $20.68 $25.85 $31.02 Hourly 522 Code Enforcement Officer Nonexempt 400 Deputy Town Clerk Exempt 308 Engineering Technician Nonexempt 512 Facilities Maintenance Supervisor Exempt 252 Geographic Information Systems (GIS) Analyst nonexempt 212 Management & Budget Analyst Exempt 520 Planner) Nonexempt 302 Plans Examiner Exempt 464 Police Telecommunications Supervisor Nonexempt 326 Risk Management & Safety Coordinator Exempt 210 Senior Accountant Exempt Grade 20 $47,312 $59,140 $70,968 Ammer 220 Public Information Officer(PIO) Exempt $3,942.67 $4,92833 $5,91400 Monthly 234 Contract Administrator Exempt $22.75 $28.43 $34.12 Hourly 452 Court Supervisor Nonexempt 254 Database Analyst Nonexempt 226 Environmental Project Coordinator Exempt 316 Network Technician Nonexempt 708 Parks Supervisor Exempt 246 Planner lI Exempt 470 Police Records Supervisor Nonexempt 236 Project Control Specialist Exempt 318 Public Safety Technology Specialist Nonexempt 216 Purchasing Coordinator Exempt 152 Senior Administrative Manager Exempt Regular Council Meeting - June 21, 2011 - Page 179 of 204 Town of Marano CLASSIFIED SALARY SCHEDULE* FY 2011 -2012 538 Signal Technician 111 Nonexempt 482 Utilities Services Supervisor Exempt 484 Utilities Production & Distribution Supervisor Exempt 2 6_8_ Utilities Technology Analyst Nonexempt Grade 21 $52,040 $65,050 $78,060 Armual 230 Civil Engineer Exempt $4,33667 $5,420.83 $6,505.00 Monthly 814 Crime Scene/Property & Evidence Supervisor Exempt 546 Facilities & Fleet Services Manager Exempt 172 Permit Center & Records Manager Exempt 164 Police Telecommunications Manager Exempt 206 Senior Human Resources Analyst Exempt 256 Senior Network Analyst Exempt 332 Software Engineer Exempt 300 Senior Plans Examiner Exempt 502 Superintendent Exempt 334 Utilities Coordinator Exempt Grade 22 $57,248 $71,560 $85,872 Annual 222 Associate Town Attorney Exempt $4,770.67 $5,963.33 $7,156.00 too only 176 Chief Building Inspector Exempt 238 Construction Manager Exempt 250 Employee Relations Administrator Exempt 328 Principle Plans Examiner Exempt 258 Senior Geographic Information Systems (GIS) Analyst Exempt 240 Technology Supervisor Exempt 266 Trade Engineer Exempt Grade 23 $62,968 $78,710 $94,452 Annual 261 Assistant Town Attorney Exempt $5,247.33 $6,559.17 $7,871,00 Mwuhly 228 Capital Improvement Project (CIP) Manager Exempt 264 Cultural Resources Manager Eumpt 330 Database Administrator Exempt 202 Economic Development Administrator Exempt 274 Finance Manager Exempt 204 Intergovernmental Affairs Administrator Exempt 244 Planner Rl Exempt 800 Police Lieutenant Exempt 333 Senior Software Engineer Exempt 150 Utilities Operations Manager Exempt Grade 24 $69,264 $86,580 $103,896 Annual 270 Construction Division Manager Exempt $5,772.00 $7,215.00 $8,658.00 Momh {w 170 Court Administrator E rcpt 160 Engineering Division Manager Exempt Grade 25 $76,192 $95,240 $114,288 Annual 158 Assistant Public Works Director Exempt $6,349.33 $7,936.67 $9,524.00 soviar e 148 Assistant Utilities Director Exempt 156 Assistant Planning Director Exempt 801 Police Captain Exempt 262 Senior Assistant Town Attorney Exempt 17 Traffic Division Manager Exempt Grade 26 $83,816 $104,770 $125,724 Annual 154 Deputy Town Attorney Exempt $6,984.67 $8,73083 $10,477.00 Monthly *Excludes posrdons covered under the MPOA Memorandum of Understanding Effective July 1, 2011 "Fair Labor Standards Act Regular Council Meeting - June 21, 2011 - Page 180 of 204 MA RA A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item A 4 From: Suzanne Machain , Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -68: Relating to Personnel; approving a salary schedule for temporary employees for fiscal year 2011 -2012 Discussion: Annually, the Mayor and Council must formally adopt a salary schedule for the following fiscal year which authorizes the payment of specific salary rates to employees. Other than pay changes associated with new assignments, promotions or demotions in accordance with Personnel Policies and Procedures, employees will not receive a pay adjustment in FY 2012 and the existing salary rates within this schedule will remain unchanged from FY 2011. An affirmative vote on the attached resolution will accomplish the adoption of the Temporary Salary Schedule for FY 2012 effective July 1, 2011. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ❑ Resolution ddopton_of tamp solary schedule for FY11- Resolution Resolution 12 (00026763).00C ❑ FY 2011 - 12_Temporary Salary_Schedule w cades.ids FY 2012 Temporary Salary Schedule Exhibit Staff Recommendation: Staff recommends adoption of the temporary salary schedule for FY 2011 -2012. Suggested Motion: I move to adopt Resolution No. 2011 -68; approving a salary schedule for temporary employees for fiscal year 2011 -2012. Regular Council Meeting - June 21, 2011 - Page 181 of 204 MARANA RESOLUTION NO. 2011-68 RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR TEMPORARY EMPLOYEES FOR FISCAL YEAR 2011 -2012 WHEREAS the Marana Town Code, Section 3- 1 -3(D), creates and defines a class of Town employees known as short -term temporary employees; and WHEREAS Section 3- 1 -3(D) of the Town Code provides that short -term temporary employees are not subject to the Town's classified salary schedule; and WHEREAS the Marana Town Code, Section 3- 1 -3(C), creates and defines a class of Town employees known as term- limited temporary employees; and WHEREAS Section 3- 1 -3(C) of the Town Code provides that term- limited temporary employees are not subject to the Town's classified salary schedule; and WHEREAS short -term temporary and term- limited temporary employees should be placed on a salary schedule for proper authorization in assigning pay; and WHEREAS the Town Council finds that approving a salary schedule for temporary employees as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Temporary Salary Schedule for fiscal year 2011 -2011, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Temporary Salary Schedule in Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 s ` day of June, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 21, 2011 - Page 182 of 204 {00026783DOC /) Town of Marana TEMPORARYSALARYSCHEDULE FV 2011 -2012 480 Intern Nonexempt $7.50 - Hourly 271 Management Intern Nonexempt $12.00 - Hourly 830 Inclusion Aide Nonexempt $10.00 $15.00 Hourly 826 Lifeguard Nonexempt $10.00 - Hourly 828 Lifeguard/WSI Nonexempt $10.50 - Hourly 831 Sports Official Nonexempt $10.00 - Hourly 832 Pool Manager Nonexempt $12.60 - Hourly 816 Regional Emergency Response Planner Nonexempt $21.63 $28.85 Hourly 272 Executive Fellow Exempt $32,304.40 Annually 143 Airport Manager Exempt $55,000.00 $82,500 Annually 478 Assistant to the Chief of Police Exempt $75,000.00 $90,000.00 Annually *Fair Labor Standards Act Effective July 1, 2011 Regular Council Meeting - June 21, 2011 - Page 183 of 204 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item A 5 From: Erik Montague , Finance Director Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING Resolution No . 2011 -69; Relating to Budget; adopting fiscal year 2011 -2012 final budget Discussion: On May 24, 2011, Mayor and Council adopted a tentative budget for fiscal 2011 -2012. In adopting the tentative budget, Mayor and Council established the expenditure limitation for the Town for the fiscal year. Adoption of Resolution 2011 -69, which requires a public hearing, is the last formal step in the process of adopting the final budget. After receiving public input, Mayor and Council are being asked to consider adopting a final budget that shall not exceed $126,965,590. Although Council may choose to reallocate funding among departments and/or programs /services, staff does not anticipate any reallocations from the tentative budget. Including position adjustments made during the current fiscal year, staffing has increased 7.35 FTE from 301.83 positions in FY 2011 to 309.18 in FY2012. Staff has also attached a summarT copy of the budget as well as the official budget forms required by the State of Arizona s Auditor General's office as published for tonight's public hearing. Upon adoption of the final budget, staff will publish and distribute to Council and department heads a bound budget document that provides more detailed information. Additionally, this published budget will be submitted to the Government Finance Officers Association for consideration of the Distinguished Budget Presentation Award. Financial Impact: Adoption of final budget for fiscal year 2011 -2012. ATTACHMENTS: Name: Description: Type: O 2012—Final Budge[_Resolution.doc 2012 Final Budget Resolution Resolution ❑ 2012_Overall Summary Final.pdf 2012 Final Budget Summary Exhibit E 2012_Authonzed_Positfon Summary Final,pdf 2012 Position Summary Exhibit Regular Council Meeting - June 21, 2011 - Page 184 of 204 O 201Z—Official C T Budget Forms_Final,pdt 2012 Auditor General Budget Schedules Exhibit Staff Recommendation: Staff recommends approval of Resolution 2011 -69 adopting the fiscal year 2011 -2012 final budget. Suggested Motion: I move to adopt Resolution No. 2011 -69; adopting the fiscal year 2011 -2012 final budget. Regular Council Meeting - June 21, 2011 - Page 185 of 204 MARANA RESOLUTION NO. 2011-69 RELATING TO BUDGET; ADOPTING THE TOWN'S FISCAL YEAR 2011 -2012 FINAL BUDGET WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1- 5, Arizona Revised Statutes (A.R.S.), the Marana Town Council did, on May 24` 2011, make an estimate of the different amounts required to meet the public expenditures /expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Marana, and WHEREAS, in accordance with said chapter of said title, and following due public notice, the Council met on June 21" 2011, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures /expenses or tax levies, and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 21 2011, at the office of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates, and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in A.R.S. §42- 17051(A). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that that the said estimates of revenues and expenditures /expenses shown on the accompanying schedules, as now increased, reduced, or changed, are hereby adopted as the budget of the Town of Marana. for the fiscal year 2011 -2012. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of June 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - June 21, 2011 - Page 186 of 204 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2011 -2012 COMMUNITY REVOLVING IMPROVEMENT GRANTSAND GENERAL DEVELOPMEN AFFORDABL DISTRICT CONTRIBUTION FUND T BLOCK E HOUSING BONDS 5 1000 2000 2005 2010 2015 Revenues Sales taxes $ 20,001,725 $ - $ - $ - $ - Property taxes - - - - - Other agency 6,979,466 - - - 1,228,308 Licenses, fees and permits 1,994,250 - - - - Charges for services 955,470 - - - - Fines and forfeiture 660,000 - - - 50,000 Grants and contributions 20,511 285,000 100,000 - 172,620 Investment income 90,000 - - - 1,615 Miscellaneous 544,547 - - 110,000 - Total Revenues 31,245,969 285,000 100,000 110,000 1,452,543 Expenditures Personnel and benefits 20,157,992 - - - 168,515 Contracted services 4,831,129 - 75,000 110,000 68,000 Operating supplies & equipment 3,169,365 285,000 - - 1,279,886 Capital outlay 1,874,923 - - - 283,606 Debt service - - - - - Total Expenditures 30,033,409 285,000 75,000 110,000 1,800,007 Excess (deficiency) of revenues over expenditures 1,212,560 - 25,000 - (347,464) Other financing sources (uses) Transfers in - - 194,150 - - Transfers out (2,909,840) - - - Bond proceeds - - Total other financing sources (uses) (2,909,840) - 194,150 - - Changes in Fund Balances (1,697,280) - 219,150 - (347,464) Projected Beginning Fund Balance 16,000,000 - 90,500 - 780,000 Ending Fund Balance $ 14,302,720 $ - $ 309,650 $ - $ 432,536 Regular Council Meeting - June 21, 2011 - Page 187 of 204 PAGE 1 OF 7 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2011 -2012 LOCAL LOCAL FILL -THE- TECHNOLOGY TRANSPORTATION HOME FUND JCEF FUND GAP FUND FUND ASSIST 2016 2030 2035 2045 2055 Revenues Sales taxes $ $ $ $ S Property taxes - - - - Other agency 250,000 - - - 27,453 Licenses, fees and permits - Charges for services - - - - - Fines and forfeiture - 14,000 2,700 110,000 - Grants and contributions - - - - Investment income - - - - - Miscellaneous - - - - - Total Revenues 250,000 14,000 2,700 110,000 27,453 Expenditures Personnel and benefits - - - 34,615 - Contracted services - 35,800 - 20,000 117,000 Operating supplies & equipment - - 31,000 232,614 - Capital outlay 250,000 5,000 - - - Debt service - - - - - Total Expenditures 250,000 40,800 31,000 287,229 117,000 Excess (deficiency) of revenues over expenditures - (26,800) (28,300) (177,229) (89,547) Other financing sources (uses) Transfers in - - - - - Transfers out - - - - - Bond proceeds - - - - - Total other financing sources (uses) - - - - - Changes in Fund Balances - (26,800) (28,300) (177,229) (89,547) Projected Beginning Fund Balance - 26,800 28,300 177,229 169,850 Ending Fund Balance $ - $ - $ - $ - $ 80,303 Regular Council Meeting - June 21, 2011 - Page 188 of 204 PAGE 2 OF 7 TOWN OF MARANA EXHIBITA PROPOSED FINAL BUDGET FISCAL YEAR 2011 -2012 SOUTH BENEFIT DESERT HIGHWAYUSER MMPC2008 AREA IMPACT EDUCATION REVENUE BONDS FEES CENTER FUND 2060 2065 3000 3005 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - - Otheragency 2,025,885 - - - Licenses, fees and permits - - 240,100 30,000 Charges for services - - - - Fines and forfeiture - - - - Grants and contributions - - - - Investment income 7,500 - - - Miscellaneous - - - - Total Revenues 2,033,385 - 240,100 30,000 Expenditures Personnel and benefits 577,718 - - - Contracted services 1,580,075 - - - Operating supplies & equipment 173,000 - - - Capital outlay 173,910 269,701 291,000 - Debt service - - - - Total Expenditures 2,504,703 269,701 291,000 - Excess (deficiency) of revenues over expenditures (471,318) (269,701) (50,900) 30,000 Other financing sources (uses) Transfers in - - - - Transfers out - - (607,535) - Bond proceeds - - - - Total other financing sources (uses) - - (607,535) - Changes in Fund Balances (471,318) (269,701) (658,435) 30,000 Projected Beginning Fund Balance 2,980,680 7,527,510 2,173,525 318,000 Ending Fund Balance $ 2,509,362 $ 7,257,809 $ 1,515,090 $ 348,000 Regular Council Meeting - June 21, 2011 - Page 189 of 204 PAGE 3 OF 7 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2011 -2012 NORTH BENEFIT PARK AREA IMPACT IMPACT FEES TRANSPORTATION 1/2 CENT OTHER FEES FUND FUND SALES TAX AGENCY 3010 3015 3030 3040 3045 Revenues Sales taxes $ - $ - $ 2,424,625 $ - $ Property taxes - - - Other agency - - - - - Licenses, fees and permits 48,500 483,290 - - - Chargesforservices - - - - - Fines and forfeiture - - - - - Grants and contributions - - - - 33,982,836 Investment income - - - - - Miscellaneous - - - - - TotalRevenues 48,500 483,290 2,424,625 - 33,982,836 Expenditures Personnel and benefits - - - - - Contracted services - - - - - Operating supplies & equipment - - - - - Capital outlay 251,000 1,880,684 2,259,924 270,000 33,982,836 Debt service - - - - - Total Expenditures 251,000 1,880,684 2,259,924 270,000 33,982,836 Excess (deficiency) of revenues over expenditures (202,500) (1,397,394) 164,701 (270,000) - Other financing sources (uses) Transfers in - - - Transfers out - - (2,110,488) - - Bond proceeds - - - - - Total other financing sources (uses) - - (2,110,488) - - Changes in Fund Balances (202,500) (1,397,394) (1,945,787) (270,000) - Projected Beginning Fund Balance 1,390,152 3,459,920 3,493,432 758,459 - Ending Fund Balance $ 1,187,652 $ 2,062,526 $ 1,547,645 $488,459 $ - Regular Council Meeting - June 21, 2011 - Page 190 of 204 PAGE 4 OF 7 TOWN OF MARANA EXHIBITA PROPOSED FINAL BUDGET FISCAL YEAR 2011 -2012 PIMA 1997 MMPC COUNTY REGIONAL NORTHEAST SERIES BONDS TRANSPORTATION BENEFITAREA CFDCAPITAL BONDS 3050 3060 3065 3900 4002 Revenues Salestaxes $ - $ - $ - $ - $ Property taxes - - - 74,332 Other agency 872,093 2,524,500 - - - Licenses, fees and permits - - 323,750 - - Charges for services - - - Fines and forfeiture - - - - - Grants and contributions - - - 150,000 - Investment income - - - - - Miscellaneous - - - - Total Revenues 872,093 2,524,500 323,750 224,332 - Expenditures Personnel and benefits 215,093 - - - - Contracted services - - - 864,250 - Operatingsupplies &equipment - - - - - Capital outlay 657,000 2,524,500 - 3,950,000 - Debt service - - - - 369,843 Total Expenditures 872,093 2,524,500 - 4,814,250 369,843 Excess (deficiency) of revenues over expenditures - - 323,750 (4,589,918) (369,843) Other financing sources (uses) Transfers in - - - - 369,843 Transfers out - - - - - Bond proceeds - - - 4,500,000 - Total other financing sources (uses) - - - 4,500,000 369,843 Changes in Fund Balances - - 323,750 (89,918) - Projected Beginning Fund Balance - - 995,520 113,860 - Ending Fund Balance $ - $ - $ 1,319,270 $ 23,9 $ - Regular Council Meeling - June 21, 2011 - Page 191 of 204 PAGE 5 OF 7 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2011 -2012 2003 MMPC 2004 MMPC 2008 MMPC TANGERINE GLADDEN SERIES SERIES SERIES FARMS ID FARMS CFD BONDS BONDS BONDS DEBTSVC DEBT SVC 4003 4004 4005 4006 4900 Revenues Sales taxes $ - $ - $ - $ - $ - Property taxes - - - - 439,631 Other agency - - - - - Licenses, fees and permits - - - - - Charges for services - - - - - Fines and forfeiture - - - - - Grants and contributions - - - - 409,633 Investment income - - - - - Miscellaneous - - - 2,110,132 - Total Revenues - - - 2,110,132 849,264 Expenditures Personnel and benefits - - - - - Contracted services - - - 1,500 - Operating supplies & equipment - - - - - Capital outlay - - - - - Debt service 1,376,529 765,863 3,250,784 2,108,632 858,190 Total Expenditures 1,376,529 765,863 3,250,784 2,110,132 858,190 Excess (deficiency) of revenues over expenditures (1,376,529) (765,863) (3,250,784) - (8,926) other financing sources (uses) Transfers in 1,376,529 765,863 3,250,784 - - Transfers out - - - - - Bond proceeds - - - - Total other financing sources (uses) 1,376,529 765,863 3,250,784 - - Changes in Fund Balances - - - - (8,926) Projected Beginning Fund Balance - - - - 543,250 Ending Fund Balance $ - $ - $ - $ - $ 53 4, 3 24 Regular Council Meeting - June 21, 2011 - Page 192 of 204 PAGE 6 OF 7 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2011 -2012 WATER TOTAL ALL UTILITY AIRPORT WASTEWATER FUNDS 5000 5020 5030 Revenues Sales taxes $ - $ - $ - $22,426,350 Property taxes - - - 513,963 Other agency - - - 13,907,705 Licenses, fees and permits 612,750 - - 3,732,640 Charges for services 3,494,167 241,000 1,854,969 6,545,606 Fines and forfeiture - - - 836,700 Grants and contributions - 5,697,747 - 40,818,347 I nvestment income 10,000 - - 109,115 Miscellaneous 8,309 10,800 75,000 2,858,788 Total Revenues 4,125,226 5,949,547 1,929,969 91,749,214 Expenditures Personnel and benefits 1,347,015 43,431 348,101 22,892,480 Contracted services 848,962 125,735 415,000 9,092,451 Operating supplies & equipment 1,004,874 58,505 365,368 6,599,612 Capital outlay 2,465,500 5,697,747 22,201,500 79,288,831 Debt service 362,375 - - 9,092,216 Total Expenditures 6,028,726 5,925,418 23,329,969 126,965,590 Excess (deficiency) of revenues over expenditures (1,903,500) 24,129 (21,400,000) (35,216,376) Other financing sources (uses) Transfersin - - 5,957,169 Transfers out (217,146) (112,160) - (5,957,169) Bond proceeds 1,000,000 - 21,400,000 26,900,000 Total other financing sources (uses) 782,854 (112,160) 21,400,000 26,900,000 Changes in Fund Balances (1,120,646) (88,031) - (8,316,376) Projected Beginning Fund Balance 1,434,762 - - 42,461,749 Ending Fund Balance $ 314,116 $ (88,031) $ - $34,145,373 Regular Council Meeting - June 21, 2011 - Page 193 of 204 PAGE 7 OF 7 Final Authorized Position Summary Schedule FISCAL YEAR 2011 -2012 2008 2009 2010 2011 2011 2012 Department Actual Actual Actual Adopted Amended Proposed Town Manager 14.00 14.00 10.78 9.03 6.03 7.13 Clerk 3.00 3.00 3.00 3.00 3.00 3 -00 Human Resources 7.00 7.00 5.00 4.00 4.D0 5.00 Finance 8.38 8.38 8.38 8.35 8.35 8.35 Legal 9.00 9.00 8.60 8.00 8.00 8.00 Technology Services 10.00 12.00 12.00 11.00 11.00 11.00 Strategic Initiatives - - - - 4.50 5.00 Community Development 3.00 3.00 300 3.00 3.00 3.00 Development Services - General Manager 2.00 2.00 2.00 2.00 200 2.00 Inspections and Enforcement 17.00 12.00 6.00 5.00 5.00 6.00 Records & Permit 5.00 5.00 9.13 8.50 8.50 8 -50 Planning 15.00 15.00 7.00 7.00 7.00 7.00 Engineering - 5.00 21.00 16.60 16.60 17 -00 Police 113.33 113.33 111.00 104.00 .104.00 105.00 Courts 12.00 1300 13.00 13.00 13.00 14.00 Public Services General Manager 1.00 1.00 5.00 4.00 4.00 4.00 Operations & Maintenance 3433 36.33 33.00 31.00 31.00 32.00 CIP 36.00 36.00 14.60 12.85 12.85 12.85 Parks Administration 4.00 4.00 4.50 4.50 3.00 3.00 Recreation 25.25 25.25 24.00 8.25 8.25 8.50 Maintenance 17.00 18.00 18.00 18.00 18.00 18.00 Parks Senior Programs 2.50 2.50 2.50 1.75 1.75 1.75 Therapeutic Program 1.00 1.00 1 -00 1.00 1.00 1.00 Water 16.84 18.84 17.40 18.00 18.00 18.10 Airport 3.00 3 -00 2 -00 - - - TOTAL TOWN AUTHORIZED POSITIONS 359.63 367.63 341.88 301.83 301.83 309.18 Regular Council Meeting - June 21, 2011 - Page 194 of 204 N y m< O e w F ow o u v d ri W F VI N O M n n h N O Y x ry J W X m X W W J Q Z N 5 N V J YI 0 ro t1 r N QUKm f m l - M m m O O O H Z J ' O Q N p eJ Oi T a N N O m r N N y u m N y T r 9 0 - i n N a m y E C 2 w m B Z N N A x O L T h M M m Y m d m W N tl m b C 2 V m O O m m 0 O J ry ry L W Y N m W N y O O O O O O N W W e - O O C C ry O 0 Q f � O O a N N tmV N P A 9 O M F V W N N N N N m C d OKY X D O OF a e u� m n C ° e y ry n �y yq m g E a m E C 7 g 2 W N O I N N N O O O Eas m N N w u n• °n £ 2 x E y, m ry m m N m 8 p N 6 J W m $ m ° m a ° m r c c c m $ e v m o x L m x E a° y Y O 2 VI VI r 1` Oi ei mi ei V x c c Q � m 3 E p Z W N N -1 m m° a W y C m Y A N V 6 Op m pw y i » o W F m Onmw °ry a r r m n e n O OI b q ° ffi m r G m y g 2 9 y D 9 E ° U G C O A N m Q m J Q W T 1 LL 6 - Q M N IYY L r IV 1�1 C N b 0 y L C C N m O G O a 0 Q x 6 C o I x C O ? d LL C LL LLm LL x O LL LL m C A y N LL C m J y 0 LL LL O d t, J % TI C A C u rc P E F u >> o a° y m $ m o m m E m s m � O L � � E 75 TOWN OF MARANA Summary of Tax Levy and Tax Rate Information Fiscal Year 2012 2011 2012 1. Maximum allowable primary property tax levy. A.R.S. §42-17051 (A) $ $ 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42- 17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes $ $ B. Secondary property taxes 603,960 513,963 C. Total property tax levy amounts $ 603,960 $ 513,963 4. Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years' levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ 591,881 (2) Prior years' levies (3) Total secondary property taxes $ 591,881 C. Total property taxes collected $ 591,881 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 2.8000 2.8000 (3) Total cityltown tax rate 2.8000 2.8000 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the cityttown was operating four special assessment districts for which seconc property taxes are levied. For information pertaining to these special assessment district: and their tax rates, please contact the city /town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Regular Council Meeting - June 21, 2011 - Page 196 of 204 4111 SCHEDULE B TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2012 ESTIMATED ACTUAL REVENUES REVENUES` ESTIMATED REVENUES SOURCE OF REVENUES 20 2011 2012 GENERALFUND Local taxes Sales Taxes $ 18,983,515 $ 19,036,080 $ 20,001,725 Licenses and permits Building and development fees 1,372,200 1,484,685 1,408,750 Business and license fees 125,000 127,540 130,000 Franchise fees _ 300,000 512,950 325,000 Other licenses and fees 130,500 Intergovernmental State shared sales tax 2,004,971 2,001,865 2,645,023 Urban revenue sharing 2,600,828 2,600,828 2,950,856 Auto lieu 1,065,067 1,010,650 1,383,687 Charges for services Charges for services 290,500 861,665 955,470 Fines and forfeits Court fines and fees 735,000 651,000 660,000 Interest on Investments Investment income 75,000 64,470 90,000 Miscellaneous Lease income 582,750 Other miscellaneous income 568,789 335,275 565,058 Total General Fund $ 28,703,620 $ 28,687,008 $ 31,245,969 ' Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting - June 21, 2011 - Page 197 of 204 4/11 SCHEDULE C Page 3 of 8 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2012 ESTIMATED ACTUAL REVENUES REVENUES' ESTIMATED REVENUES SOURCE OF REVENUES 2011 2011 2012 SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway user revenue $ 1,810,902 $ 1,765,475 $ 2,025,885 Investment income 7,500 5,215 7,500 $ 1,818,402 $ 1,770,690 $ 2,033,385 Local Transportation Asssitance Fund Local transportation assistance $ $ 27,453 $ 27,453 $ $ 27,453 $ 27,453 Local Transportation Asssitance Fund Local transportation assistance $ $ 27,453 $ 27,453 Other Special Revenue Funds Affordable Housing Revolving Fund $ 100,000 $ 2,758 $ 100,000 HOME Fund 250,000 250,000 Local JCEF Fund 14,250 14,881 14,000 Fill the GAP Fund 2,500 3,278 2,700 Local Technology Enhancement Fund $ 110,000 $ 110,160 $ 110,000 Community Development Block Grants Fund 541,000 237,650 285,000 Other Grants Fund 1,106,465 711,650 1,452,543 $ 2,124,215 $ 1,059,460 $ 2,214,243 Total Special Revenue Funds $ 3,942,617 $ 2,857,603 $ 4,275,081 DEBT SERVICE FUNDS Tangerine Farms Road Improvement District $ 2,136,088 $ 2,136,088 $ 2,110,132 Community Facilities District Debt Service Fund 640,730 640,730 849,264 $ 2,776,818 $ 2,776,818 $ 2,959,396 Total Debt Service Funds $ 2,776,818 $ 2,776,818 $ 2,959,396 CAPITAL PROJECTS FUNDS Transportation Fund $ 2,002,591 $ 2,253,450 $ 2,424,625 Impact Fee Funds 934,000 837,480 801,890 Other Capital Projects 74,640,746 5,051,980 37,703,179 $ 77,577,337 $ 8,142,910 $ 40,929,694 Tangerine Farms Road Improvement District $ 110,000 $ 98,250 $ 110,000 Community Facilities District Capital Projects 236,832 137,450 224,332 $ 346,832 $ 235,700 $ 334,332 Total Capital Projects Funds $ 77,924,169 $ 8,378,610 $ 41 264,026 ` Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was Reguispi6peir dArAoerWAinoWd LeBAgsttWormtoder of the fiscal year. 4111 SCHEDULE C Page 4 of 8 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2012 ESTIMATED ACTUAL REVENUES REVENUES' ESTIMATED REVENUES SOURCE OF REVENUES 2011 2011 2012 ENTERPRISE FUNDS Water Fund Charges for services $ 3,355,970 $ 3,245,850 $ 3,494,167 Water impact fees 603,000 439,750 612,750 Interest 10,000 4,350 10,000 Miscellaneous 8,396 S 5,725 8,309 $ 3,977,366 $ 3,695,675 $ 4,125,226 Airport Fund User fees $ 240,000 $ 244,250 $ 241,000 Grants 357,350 36,450 5,697,747 Miscellaneous 10,800 $ 597,350 $ 280,700 $ 5,949,547 Wastewater Fund Charges for services $ $ $ 1 Miscellaneous 75,000 $ $ $ 1,929,969 Total Enterprise Funds $ 4,574,716 $ 3,976,375 $ 12,004,742 • Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. TOTALALLFUNDS $ $ 46.676.414 $ 91,749,214 • Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting - June 21, 2011 - Page 199 of 204 4/11 SCHEDULE C Page 5 of 8 TOWN OF MARANA Summary by Fund Type of Other Financing Sources / <Uses> and Interfund Transfers Fiscal Year 2012 OTHER FINANCING INTERFUND TRANSFERS 2012 2012 FUND SOURCES <USES> IN <OUT> GENERALFUND Series 1997 Debt $ $ $ $ 152,697 Series 2003 Debt 1,376,529 Series 2004 Debt 765,863 Series 2008 Debt 420,601 Revolving Affordable Housing Fund 194,150 Total General Fund $ $ $ $ 2,909,840 SPECIAL REVENUE FUNDS Revolving Affordable Housing Fund $ $ $ 194,150 $ Total Special Revenue Funds $ $ $ 194,150 $ DEBT SERVICE FUNDS Series 1997 Debt $ $ $ 369,843 $ Series 2003 Debt 1,376,529 Series 2004 Debt 765,863 Series 2008 Debt 3,250,784 Total Debt Service Funds $ $ $ 5,763,019 $ CAPITAL PROJECTS FUNDS Transportation Fund $ $ $ $ 2 South Transportation Impact Fee 607,535 CFD Capital Projects 4,500,000 Total Capital Projects Funds $ 4,500,000 $ $ $ 2,718,023 PERMANENTFUNDS Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS Water Utility $ 1,000,000 $ $ $ 217,146 Airport 112,160 Wastewater 21,400,000 Total Enterprise Funds $ 22,400,000 $ $ $ 329,306 INTERNAL SERVICE FUNDS Total Internal Service Funds $ $ $ $ TOTALALLFUNDS $ 26,900,000 $ $ 5,957,169 $ 5,957,169 Regular Council Meeting -June 21, 2011 -Page 200 of 2 4/11 SCHEDULE D TOWN OF MARANA Summary by Department of ExpenditureslExpenses Within Each Fund Type Fiscal Year 2012 ADOPTED EXPENDITURE! BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES! ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES' EXPENSES FUNDIDEPARTMENT 2011 2011 2011 2012 GENERALFUND Non - departmental $ 3,509,320 $ $ 2,662,872 8 2,723,895 Mayor and Councl 259,773 238,268 276,623 Town Manager 971,894 749,023 741,906 Town Clerk 378893 298,133 240,788 Human Resoumes 404,178 377,006 496,968 Finance and Awounfirg 709,988 699,233 787,143 Legal 752,262 728,989 784,279 Technoogy Seduces 1,499,730 1,468,423 1,764,511 Strategic Initiatives 569,286 Development Services Admm 180,389 167,839 192,564 Permits and Records 472,374 480,812 525,858 Building Salary 473,071 402,378 474,761 Planning 486,155 512371 547,226 Engineering 1,377,672 1,341,450 1,484,069 Police 8,920,634 8,278,260 9,873J56 Court 921,869 844,464 947,800 Public Services Atlmin 411,704 438,095 426.642 Public Works 2,139,225 1,937,438 2,462,043 Parks and Recreation 2702,957 2,453,549 2,609,156 Community Development 202,313 206,492 229,812 Capital Outlay 1,241.400 1,223368 1,874,923 Total General Fund $ 28,013,621 $ $ 25,508,763 $ 30,033,409 SPECIAL REVENUE FUNDS Highway User Revenue Fund $ 1,931116 $ $ 1,794,950 $ 2,504,703 LTAF 175,00 155,960 117000 Revolving ABordable Housing 75,000 49,475 75,000 HOME Fund 250,000 250,000 Local JCEF Fund 40,800 990 40,800 Fill the GAP Fund 31,000 31,000 Local Technology Fund 286,855 52250 287,229 CDBG 541,000 237,650 285,000 Other Grants Fund 1,170,323 711 1,800,007 Total Special Revenue Funds $ 4.501,099 $ $ 3.002,925 $ 5,390 739 DEBT SERVICE FUNDS Seder 1997 Debt $ 376,116 $ $ 376,115 $ 369,543 Series 2003 Debt 1,380729 1,380,729 1,376,529 Series 2004 Debt 747,050 747,050 765,863 Series 2008 Debt 2,672,713 2,672,713 3,250,784 Tangerine Fars ID Debt 2136088 2,126,088 2,110,132 Community Facilities Debt 640730 640 ,730 858,190 Total Debt Service Funds $ 7,953,425 $ $ 7943425 $ 8,731,341 CAPITAL PROJECTS FUNDS Transportation Fund $ 3,197,538 S $ 2,248,095 $ 2,259924 1/2 Cam Sales Tax 718,000 286,125 270.000 Impact Fee Funds 1,590,739 576,950 2 Tangerine Farms ID 110,000 37,590 110.000 Other Capital Proleds 82,168.256 5,051,980 37,649,130 CFD Capital Protects 2,293,654 890,000 4,814,250 Total Capital Projects Funds $ 90,078,187 $ $ 9,087,740 S 47,525,988 ENTERPRISE FUNDS Water Operating $ 3,153,933 $ $ 3,027,840 $ 3,578,992 Water Capital 36,142,000 5,075,325 2,449,734 Airport Operating 211,473 294,750 227,671 A1roon Captlsl 357,350 36,450 5,697,747 Wastewater Operating 1,929,969 Wastewater Capital 21,400,000 Total Enterprise Funds $ 39,864756 $ $ 8,434,365 $ 35,284,113 INTERNAL SERVICE FUNDS Total Internal Service Funds $ $ S $ TOTAL ALL FUNDS $ 170,411,083 $ S 53,97],218 $ 126,965,590 Indu= e>�naiturexpMe rgcppn)md on the motlified aam cc al or accrual basis as of Ore date Me proposed budget Regular Council MeetiUgrpkyM'e6bl m 344r t rtes for dm remainder of the fiscal year, 4/11 SCHEDULE E TOWN OF MARANA Summary by Department of Expenditures /Expenses Fiscal Year 2012 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES* EXPENSES DEPARTMENT /FUND 2011 2011 2011 2012 Police: General Fund $ 8,920.634 $ $ 8,563,810 $ 9,873,156 Other Grants 320,323 313,740 397,401 Department Total $ 9.240.957 $ $ 8,877.550 $ 10.270.557 Court: General Fund $ 921,869 $ $ 903,432 $ 947,800 Local JCEF 40,800 990 35,800 Fill the Gap 31,000 31,000 Local Tech Enhancement 286,855 52,250 287,229 Department Total $ 1.280.524 $ $ 956,672 $ 1.301,829 Public Works: General Fund $ 2,139,225 $ $ 1,937,438 $ 2,462,043 Other Capital Projects 287,825 223,590 Highway User Revenue Fund 1,894,206 1,794,950 2,330,793 Department Total $ 4.321.256 $ $ 3.955.978 $ 4.792.836 Community Development: General Fund $ 202,313 $ $ 206,492 $ 229,812 CDBG 541,000 237,650 285,000 Revolving Affordable Housing 75,000 49,475 75,000 HOME 250,000 250,000 LTAF 175,000 155,960 117,000 Other Capital Projects 1,300,000 1,754,000 Department Total $ 2.543.313 $ $ 649.577 $ 2.710.812 Regular Council Meeting - June 21, 2011 - Page 202 of 204 4/11 SCHEDULE F MINA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item A 6 From: Jocelyn Bronson , Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Mayor and Council; selection of Vice Mayor Discussion: Section 2 -3 -1 of the Town Code sets forth the process for selection of the Vice Mayor by the Town Council. Section 2 -3 -3 provides that the Vice Mayor shall serve a two -year term and may be reappointed to an unspecified number of additional two -year terms. On June 16, 2009, the Council selected Council Member Herb Kai to serve a two -year term as Vice Mayor; thus, Council Member Kai s most recent two -year term has expired. Pursuant to Section 2 -3 -1, the Town Council shall choose a Vice Mayor from among the Council Members by a majority vote. Any Council Member may make a motion to appoint a certain Council Member as Vice Mayor. The motion must be seconded and then voted upon. The Council will continue making motions until a motion to appoint a Council Member as Vice Mayor is successfully passed by a majority of the Council. Pursuant to Section 2 -3 -1, the selection of Vice Mayor must take place no later than June 30 following the date of a general election for Town Council. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Council's pleasure. Suggested Motion: I move to appoint as Vice Mayor of the Marana Town Council. Regular Council Meeting - June 21, 2011 - Page 203 of 204 MARANAl 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 21, 2011, 7:00:00 PM To: Mayor and Council Item D 1 From: Gilbert Davidson , Town Manager Strategic Plan Focus Area: Not Applicable Subject: Leg islative/Inter governm ental 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 - June 21, 2011 - Page 204 of 204