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HomeMy WebLinkAbout02/07/2012 Council Agenda Packet MA MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 7, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, 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 co urtesy to ot hers, please turn o ff or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speak at Meeti 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. Access 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 - February 7, 2012 - Page 1 of 87 printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, February 06, 2012, 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 ALLEGIANCEANVOCATION/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 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 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 Regular Council Meeting - February 7, 2012 - Page 2 of 87 following the Consent agenda. C 1: Resolu No. 2012 -08: Relating to Utilities; approving and authorizing the Mayor to execute an agreement with Pima County for Sludge Disposal Services (Barbara Johnson) C 2: _ Resolution No. 2012 -09: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2011 Operation Stonegarden Grant Program (T VanHook) C3: Resolution No. 2012 -10: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design concept study of the Tangerine Road improvement project between Interstate 10 and La Canada Drive (Scott Leska) C 4: Minutes of the January 3rd regular meeting, the January 10 study session, and the January 24th study session LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation. Relating to Boards, Commissions and Committees; update from the Subcommittee for Commission and Board appointments (Jocelyn Bronson) COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin>; to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental 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), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Regular Council Meeting - February 7, 2012 - Page 3 of 87 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 - February 7, 2012 - Page 4 of 87 > AN 0. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 7, 2012, 7:00:00 PM To: Mayor and Council Item C 1 From: Barbara Johnson , Public Services General Manager Strategic Plan Focus Area: Not Applicable Subject: R esolution No. 2012 -08: Relating to Utilities; approving and authorizing the Mayor to execute an agreement with Pima County for Sludge Disposal Services Discussion: The Town took over ownership and operation of the Marana Wastewater Reclamation Facility ( Marana WRF) on January 3, 2012. The aquifer protection permit (APP) for the Marana WRF provides for sludge disposal at a manhole tributary to the Ina Road Wastewater Reclamation Facility. Since January 3, the Town of Marana has used a contract hauler to deliver the sludge. If approved, this agreement will allow the Town to haul sludge directly, without using a contract hauler. Financial Impact: The agreement requires the Town to pay 14 cents per gallon for sludge, the rate established by Pima County Code section 13.24.187. ATTACHMENTS: Name: Description: Type: O Pima County biosolids_sludge _ disposal _ agt_ (00029219).DOC Resolution Resolution ❑ biosolids agreement.pdf Exh A to Reso_PC Biosolids Agreement Exhibit Staff Recommendation: Staff recommends adoption of the resolution, approving and authorizing the Mayor to sign the sludge disposal services agreement. Suggested Motion: I move to adopt Resolution No. 2012 -08, approving and authorizing the Mayor to sign the agreement with Pima County for sludge disposal services. Regular Council Meeting - February 7, 2012 - Page 5 of 87 MARANA RESOLUTION NO. 2012-08 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PIMA COUNTY FOR SLUDGE DISPOSAL SERVICES WHEREAS the Town of Marana assumed ownership and operation of the Marana Wastewater Reclamation Facility ( Marana WRF) on January 3, 2012; and WHEREAS the aquifer protection permit (APP) for the Marana WRF provides for sludge disposal at a manhole tributary to the Ina Road Wastewater Reclamation Facility; and WHEREAS an agreement with Pima County is required for the Town of Marana to deliver the sludge directly, without using a contract hauler; and WHEREAS the Mayor and Council of the Town of Marana find that this agreement is in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Town of Marana and Pima County for Sludge Disposal Services attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7`" day of February, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regu1Wr e 9.q1fflg Mee , MI : &ebruary 7, 2012 - Page 6 of 87 {00029219.DOC /} Agreement between Pima County and the Town of Marana for Sludge Disposal Services This Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona ( "County ") and the Town of Marana, a municipal corporation ( "Town ") pursuant to Recitals A. The Town currently owns and operates the Marana Wastewater Reclamation Facility (WRF) located at 14939 North Luckett Road in Pima County, Arizona. B. The WRF produces sewage sludge (Sludge) as that term is defined at Ariz. Admin code R18 -9- 1001(40). C. The Town desires to transport the Sludge produced by the WRF to County's Ina Road Regional Biosolids Facility (Biosolids Facility) for further processing and disposal by County. D. County is willing to accept the Sludge for processing and disposal. Agreement NOW THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: 1. Purpose. The purpose of this Agreement is to permit the Town or its contractor to haul Sludge produced by the WRF to the Biosolids Facility acceptance point (Manhole 1703 -03) for handling and conditioning, under the terms and conditions set forth herein, and to address legal and administrative matters among the parties. 2. No County Obligation to Exceed Sludge Handling Capacity. The County shall have no obligation to treat the Town's Sludge to the extent that any such treatment will cause the County to exceed its sludge handling capacity, or violate any other rule, regulation, or law. County reserves the right to reject any load at any time if, in County's sole opinion, Page 1 of 6 Regular Council Meeting - February 7, 2012 - Page 7 of 87 acceptance of the Sludge would cause the County to exceed its capacity or violate any other rule, regulation, or law or if the Sludge may create operational, problems with the County's treatment capabilities. 3. Industrial Wastewater in Discharge. Town shall apply for and obtain a County- issued Industrial Wastewater Control permit pursuant to Pima County Code § 13.36.110 prior to any transport of Sludge contemplated under this Agreement. Town shall fully comply with all conditions of said permit. 4. Transportation and Payment for Treatment. The Town shall be solely responsible for any and all costs associated with the pumping and transport of the Sludge to the designated acceptance point by Pima County. The Town shall pay the County $0.14 per gallon for Sludge delivered to the acceptance point. When, at any time during the course of this Agreement, the County raises its base rate for septage disposal, the above - referenced rate shall automatically increase by a proportionate amount. The above- referenced rate is based on a presumption of standard domestic sludge quality. In the event that the sludge quality is impacted by industrial discharges or by processing that occurs prior to delivery at the acceptance point, County reserves the right to amend the rate. Payment to County shall be made within thirty (30) days of invoice. Overdue payments shall be subject to a 10 %, compounded daily, interest charge. 5. Quality of Sludge. The total suspended solids content in any load shall be limited to five percent (5 %) on a weight basis. , 6. Analysis. A representative sample from each load of Sludge shall be analyzed for total suspended solids (TSS) and total volatile solids (TVS). Sampling and analysis shall be completed by Town at its sole expense. Analytical result shall be transmitted to County within fifteen (15) days of receipt by Town. 7. Advance Notice of Volume of Sludge. Prior to the delivery of any of the Town's Sludge to the acceptance point, the Town shall provide the County with at least twenty -four (24) hours' notice of Town's intent to deliver Sludge. Said notice shall include the estimated volume of Sludge to be transported, the date of delivery, and any additional information which will allow Pima County optimal planning for accommodating increased sludge flows in the existing Treatment process. Town shall, no later than Wednesday of each week, also provide County with an estimated shipping schedule for the following calendar week. 8. Term and Termination. A. The term of this Agreement shall begin on the date this Agreement is last signed below and continue for a period of one year. Upon mutual agreement, the parties may extend the term of this Agreement for up to two (2) additional one -year periods. B. Pima County has the right to terminate this Agreement if, in its sole judgment, continued operation under this Agreement: 1. Interferes with other capacity commitments made by County; Page 2 of 6 Regular Council Meeting - February 7, 2012 - Page 8 of 87 2. Jeopardizes Pima County's compliance with ADEQ permits; or 3. Creates operational problems with the treatment facility. C. Pima County's termination of this Agreement pursuant to subsection 8.13. will be effective after 60 days' written notice to the Town. D. Pima County may immediately terminate this Agreement if any payment due for Sludge delivered to the acceptance point is more than 30 days overdue. 9. Conflict of Interest. This Agreement can be terminated for a conflict of interest as set forth in A.R.S. § 38 -511, the relevant portions of which are hereby incorporated by reference. 10. Indemnification. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or, incident to the performance of this Agreement. A. Town's Additional Indemnification. In addition, the Town shall hold the County harmless from any claims by third parties related to the provisions of this Agreement, or any fine, violation, or administrative order from ADEQ related to this Agreement. B. Notice. Each party shall notify the other in writing within thirty days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Section. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Section. C. Negligence of Indemnified Party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. D. Survival of Termination. This Article shall survive the termination, cancellation, expiration or revocation, whether in whole or in part, of this Agreement. 11. 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. B. Amendment. This agreement shall not be modified, amended, altered or changed except by written agreement signed by the parties. Page 3 of 6 Regular Council Meeting - February 7, 2012 - Page 9 of 87 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. 12. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of County or Town. 13. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer- employee relationship between County and any Town employees, or between Town and any County employees. No 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 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 any party to this Agreement, by imposing any standard of care with respect to the maintenance of public facilities 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 this Agreement. A. Anti - Discrimination. The provisions of A.R.S. § 41 -1463 and Executive Order 75 -5, as amended by Executive Order 99 -4, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement as if set forth in full herein. 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. 16. Waiver. Waiver by any 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. Page 4 of 6 Regular Council Meeting - February 7, 2012 - Page 10 of 87 17. 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, 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 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: If to County: Director Pima County Procurement Department 130 West Congress Street, 3rd Floor Tucson, AZ 85701 With copy to: Director Regional Wastewater Reclamation Department 201 N. Stone, 8th Floor Tucson, AZ 85701 If to Town: Director Town of Marana Utilities Department 5100 West Ina Road Tucson AZ 85743 With a copy to: Town Attorney Town of Marana Legal Department 11555 West Civic Center Drive A3 Marana AZ 85653 Page 5 of 6 Regular Council Meeting - February 7, 2012 - Page 11 of 87 19. Remedies. Any 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. IN WITNESS THEREOF, the parties have affixed their signatures to this Contract on the dates written below. Pima County: Town of Marana: Chairman, Board of Supervisors Mayor ATTEST: ATTEST: Clerk of the Board Town Clerk Date Date Approved as to Content: Approval as to Form: RWRD Director Town Attorney Approved as to Form: Deputy County Attorney Page 6 of 6 Regular Council Meeting - February 7, 2012 - Page 12 of 87 AANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 7, 2012, 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 . 2012-09: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2011 Operation Stonegarden Grant Program Discussion: Operation Stonegarden is a federally funded program originating with the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. Marana has been awarded $164,577 under two separate subgrantee agreements with the Arizona Department of Homeland Security to support Operation Stonegarden. Funding will be used to augment and support Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, Marana will use its authority to control the routes and reduce the propensity for cross - border crime in the area. Patrols will concentrate on the 109 miles of arterial roadways serving as regional east -west connectors between State Route 77 and I -10 and the more than 57 miles of rural, mostly two -lane roads paralleling I -10 to the west. The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal entries through teamwork with other local and federal agencies; (3) assist in apprehending terrorists and terrorist weapons illegally entering the United States; and (4) coordinate operations with the Pima County Sheriff's Department and U.S. Border Patrol Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Regular Council Meeting - February 7, 2012 - Page 13 of 87 Mexico, three specific areas will be targeted for Stonegarden activities: Area one: Sandario road from Emigh to Avra Valley. Area two: Silverbell/Twin Peaks Corridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. To support this initiative Marana will deploy up to six uniformed officers, a canine officer, and a supervisor with supporting staffing from dispatch. These deployments will consist of eight (8) hour shifts conducted in coordination with partnering agencies. Deployment dates will coincide with Operation COBIJA, Operation Knight Hunter, "surge" dates identified by HIDTA, United States Border Patrol, ICE, and internal/external intelligence information and trends. If contact and /or interaction are made with certain "persons of interest," notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol or the appropriate agency. Deployments will be based on specific threats which can be targeted and countered and shifts in illegal traffic patterns due to increased enforcement actions. These activities will be coordinated through the USBP. Marana will identify these shift times and locations and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marana Police Department has been impacted by increased contacts with illegal entrants and human and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I -10 corridor. Financial Impact: Funding has been awarded to support overtime and mileage reimbursement ($135,577), and communications equipment ($29,000). The equipment supplied under this program may be used by the Marana Police Department for non - Stonegarden activities as long as it is kept in good working order and available for all Stonegarden related deployments. There is no match requirement for the funding. Grant funding has a small impact on the Community Development and Finance departmental operating budgets for administration. ATTACHMENTS: Name: Description: Type: ❑ Stonegarden_Program.DOC Resolution Resolution ❑ 00029229.pdf Exhibit A - Subgrantee Agmt Exhibit ❑ 00029228.pdf Exhibit B - Subgrantee Agmt Exhibit Staff Recommendation: Staff recommends approval of both Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2011 Operation Stonegarden Grant Program. Suggested Motion: I move to adopt Resolution No. 2012 -09, approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2011 Operation Stonegarden Grant Program. Regular Council Meeting - February 7, 2012 - Page 14 of 87 MARANA RESOLUTION NO. 2012-09 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE TWO SUBGRANTEE AGREEMENTS WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2011 OPERATION STONEGARDEN GRANT PROGRAM WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Department of Homeland Security has awarded grant funding (CFDA #97.067) for the provision of overtime pay, mileage reimbursement, and specialty equipment for services provided in coordination with the Operation Stonegarden Program; and WHEREAS, under the terms of the 2011 Operation Stonegarden Grant Program, upon execution of two Subgrantee Agreements the Town of Marana is eligible to receive funds in the amount of $164,577 from the Arizona Department of Homeland Security for overtime pay, mileage reimbursement, and specialty equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Subgrantee Agreements 11- AZDOHS-OPSG- 888425 -01 and 11- AZDOHS -OPSG- 888425 -02 between the Arizona Department of Homeland Security and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibits A and B respectively, are hereby approved and the Town Manager is hereby authorized to execute them for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Subgrantee Agreements. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7 day of February, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Reg ullr(W&ffi l 1@p1B9p f1j9tr14a q b U- ,e 15 of 87 Frank Cassidy, Town Attorney Marana Resolution 2012 -09 {00029185.DOC /} SUBGRANTEE AGREEMENT (Overtime and Mileage) 11 -AZDOHS-OPSG- Enter Grant Agreement Number above (e.g., 888xxx -xx) Between The Arizona Department of Homeland Security And Town of Marana Enter the Name of the Subrecipient Agency Above WHEREAS, A.R.S. § 41 -4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana Enter the Name of the Subrecipient Agency Above (subrecipient) for services under the terms of this Grant Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2011 and shall terminate on March 31, 2013. The obligations of the subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application /Operations Order; " Operation Stonegarden — Overtime and Mileage and funded at $ 135,577 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a) Provide up to $135,577 to the subrecipient for services provided under Paragraph III. Enter Funaed Am56 a ove b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. 11 -F&Md §eWg9jtM8 5F® *ruary 7, 2012 - Page 16 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 1 V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application. Any modification to quantity or scope of work must be preapproved in writing by AZDOHS. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT /PROGRAMATIC MONITORING The subrecipient agrees to terms specified in A.R.S. § 35 -214 and § 35 -215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501 - 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A -133 ( "Audits of States, Local Governments, and Non - profit Organizations ") if the subrecipient expends more than $500,000 from Federal awards. If the subrecipient has expended more than $500,000 in Federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by the AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office -based reviews and onsite monitoring visits. Monitoring can involve aspects of the work involved under this contract including but not limited to the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other Federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at hftp://www.access. 07 /44cfrv1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments (formerly OMB), at http: / /www.access.gpo.gov /nara /cfr /waisidx 07/2cfr225 07.htm Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non - Profit Organizations; Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial Organizations. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, at http:// www. whitehouse. gov /omb /circulars/al33 /a133.htm 11 _Agg* f,§ h*gWpSE9Qruary 7, 2012 - Page 17 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 2 c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (formerly OMB Circular A -102), at http:// 149. 168.212.15 /mitigation /Li bra ry /44 CFR -Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL), at hftps://www.rkb.mipt.org/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non - discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66, Uniform Administrative Requirements for Grants and Co- operative Agreements to State and Local Government. Included within the above mentioned guidance documents are provisions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool ( NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The subrecipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898).Subrecipient shall not undertake any project having the potential to impact EHP resources without the prior approval of AZDOHS /FEMA including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Subrecipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Construction activities shall not be initiated prior to the full environmental and historic preservation review Consultants/Trainers/Training Providers Billings for consultants /trainers /training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer /training provider costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the subrecipient and 44 CFR Chapter 1, Part 13 and shall not exceed the maximum of $450 per day per consultant/trainer /training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer /training provider may be reimbursed 11 -A1a&(§ L*gtpSFpVruary 7, 2012 - Page 18 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 3 reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travel days for consultants /trainers /training providers. Contractors /Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: http: / /www.gao.state.gov.. Procurement The subrecipient shall comply with all internal agency procurement rules /policies and must also comply with Federal procurement rules /policies as outlined in section VII and all procurement must comply with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training The subrecipient agrees that any grant funds used for training must be in compliance with grant guidance. All training must be approved through the ADEM / AZDOHS training request process prior to execution of training contract(s). Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program /project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for the grant position. E- Verify Compliance requirements for A.R.S. § 41- 4401 — immigration laws and E- Verify requirement. a) The subrecipient warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23 -214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program). 11 _F&96w§_Mgg>WQ$E@Vruary 7, 2012 - Page 19 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 4 b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the subrecipient may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the subrecipient is complying with the warranty under paragraph (a) above. Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this sub -part have the following meaning (see also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Sub -part 114S -60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. An equipment/capital asset list shall be maintained for the entire scope of the program or project for which it was acquired. All equipment having an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and /or a useful life of more than one year shall be included in the equipment/capital asset list. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. 11- fig*{ §e P1stL We5F@Vruary 7, 2012 - Page 20 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 5 VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar circumstances; and 3) consistently applied — it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided . The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed b) Quarterly reports are due: January 15 (period October 1— December 31) April 15 (period January 1 — March 31) July 15 (period April 1 - June 30) October 15 (period July 1 — September 30) 11- A2a4p4 §op1ltL*sWe5E#0ruary 7, 2012 - Page 21 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 6 c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty -five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty -five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. All reports shall be submitted to the contact person as described in Paragraph XXXVIII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment," and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XI11. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option, may terminate this Agreement. XVI. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38 -511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement 11- RgBopf�P1P>gi�Lr$oe5F@pruary 7, 2012 - Page 22 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 7 on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XVII1. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and /or contracts entered into by the subrecipient in the execution of this Agreement. XIX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XX. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXI. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12- 1518. XXII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. 11- I2gltW�P11istL 7, 2012 - Page 23 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 8 XXIII. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph X, REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXIV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXV. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. NON- DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non - discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order2009 -09. XXVII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVIII. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXIX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXX. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with Federal funds shall contain the following statement: 11 _P& wW_cCop1st L %eW5E04ruary 7, 2012 - Page 24 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 9 "This document was prepared under a grant from U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub - recipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research -based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXI. CLOSED - CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXII. INDEMNIFICATION To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious /derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. XXXIII. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 11 -? Q4W,§OP15;&"Ra 5 #Oruary 7, 2012 - Page 25 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 10 XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXV. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVI. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXVIII. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state /national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing be delivered in person or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 11 -P&gA?4e_ L*s*ajE@0ruary 7, 2012 - Page 26 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 11 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.gov The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.gov The AZDOHS shall address all notices relative to this Agreement to: Ms. T. VanHook Enter Title, First & Last Name above Town of Marana Enter Agency Name above 11555 West Civic Center Drive Enter Street Address Marana, Arizona 85653 Enter City, State, ZIP XXXX. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Town of Marana Arizona Department of Homeland Security Enter Agency Name above Authorized Signature above Gilbert M. Orrantia GilbertDavison, Town Manager Director Print Name & Title above Enter Date above Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 11- 920ftf -0P15t H425f"ruary 7, 2012 - Page 27 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 12 SUBGRANTEE AGREEMENT (Equipment) 11- AZDOHS -OPSG- 888425 -02 Enter Grant Agreement Number above (e.g., 888xxx -xx) Between The Arizona Department of Homeland Security And Town of Marana Enter the Name of the Subrecipient Agency Above WHEREAS, A.R.S. § 41 -4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana Enter the Name of the Subrecipient Agency Above (subrecipient) for services under the terms of this Grant Agreement. 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. 11. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on January 1, 2012 and shall terminate on December 31, 2012. The obligations of the subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application /Operations Order; " Operation Stonegarden — Equipment and funded at $ 29,000 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a) Provide up to $ 29,000 to the subrecipient for services provided under Paragraph 111. E - 6 16F un a mown a ove b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. 11- F&o*4§ L4*0 @U-5F*Druary 7, 2012 - Page 28 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 1 V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application. Any modification to quantity or scope of work must be preapproved in writing by AZDOHS. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT /PROGRAMATIC MONITORING The subrecipient agrees to terms specified in A.R.S. § 35 -214 and § 35 -215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501- 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A -133 ( "Audits of States, Local Governments, and Non - profit Organizations ") if the subrecipient expends more than $500,000 from Federal awards. If the subrecipient has expended more than $500,000 in Federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by the AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office -based reviews and onsite monitoring visits. Monitoring can involve aspects of the work involved under this contract including but not limited to the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas wheretechnical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other Federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at hftp://www.access.gpo.gov/nara/Gfr/waisidx 07 /44cfrvl 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments (formerly OMB), at http: / /www.access.gpo.gov /nara /cfr /waisidx 07/2cfr225 07.html Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non- Profit Organizations; Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial Organizations. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, at http: / /www.whitehouse.gov /omb /circulars /al33 /al33.html 11- Xea , 0W ,§@AFistL - 5F6Druary 7, 2012 - Page 29 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 2 c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (formerly OMB Circular A -102), at http: // 149. 168.212.15 /mitigation /Library /44 CFR -Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL), at hftps://www.rkb.mipt.oLg/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non- Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non - discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66, Uniform Administrative Requirements for Grants and Co- operative Agreements to State and Local Government. Included within the above mentioned guidance documents are provisions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The subrecipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898).Subrecipient shall not undertake any project having the potential to impact EHP resources without the prior approval of AZDOHS /FEMA including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Subrecipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Construction activities shall not be initiated prior to the full environmental and historic preservation review Consultants/Trainers /Training Providers Billings for consultants /trainers /training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer /training provider costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the subrecipient and 44 CFR Chapter 1, Part 13 and shall not exceed the maximum of $450 per day per consultant/trainer /training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer /training provider may be reimbursed 11_F&a4w� wp10v5r"ruary 7, 2012 - Page 30 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 3 reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travel days for consultants /trainers /training providers. Contractors /Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: http: / /www.gao.state.gov.. Procurement The subrecipient shall comply with all internal agency procurement rules /policies and must also comply with Federal procurement rules /policies as outlined in section VII and all procurement must comply with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training The subrecipient agrees that any grant funds used for training must be in compliance with grant guidance. All training must be approved through the ADEM /AZDOHS training request process prior to execution of training contract(s). Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program /project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for the grant position. E- Verify Compliance requirements for A.R.S. § 41- 4401 — immigration laws and E- Verify requirement. a) The subrecipient warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23 -214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program). 11_Rp �pfpi,'hM&46 §U-5Eobruary 7, 2012 -Page 31 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 4 b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the subrecipient may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the subrecipient is complying with the warranty under paragraph (a) above. Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this sub -part have the following meaning (see also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Sub -part 114S -60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. An equipment/capital asset list shall be maintained for the entire scope of the program or project for which it was acquired. All equipment having an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and /or a useful life of more than one year shall be included in the equipment/capital asset list. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. 11 _Agave* §opIgtif SEftruary 7, 2012 - Page 32 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 5 VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar circumstances; and 3) consistently applied — it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided . The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed b) Quarterly reports are due: January 15 (period October 1— December 31) April 15 (period January 1 — March 31) July 15 (period April 1 — June 30) October 15 (period July 1 — September 30) 11- P&wd14, L4p8We5E$ruary 7, 2012 - Page 33 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 6 c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty -five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty -five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. All reports shall be submitted to the contact person as described in Paragraph XXXVIII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment," and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option, may terminate this Agreement. XVI. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38 -511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement 11- A296KS-0P15tN 94lZ5E0ruary 7, 2012 - Page 34 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 7 on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XVIII. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and /or contracts entered into by the subrecipient in the execution of this Agreement. XIX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XX. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXI. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12 -1518. XXII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. 11 -ApwW�opftL1sgWie5EOruary 7, 2012 - Page 35 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 8 XXIII. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph X, REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXIV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXV. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. NON - DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order2009 -09. XXVII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVIII. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXIX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXX. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with Federal funds shall contain the following statement: 11- ?&a04, bL*eW5E0ruary 7, 2012 - Page 36 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 9 "This document was prepared under a grant from U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub - recipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research -based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXI. CLOSED- CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXII. INDEMNIFICATION To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious /derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. XXXIII. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 11_f&vdw�§_pjpstL4gsWv$EOruary 7, 2012 - Page 37 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 10 XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXV. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVI. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXVIII. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub- award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state /national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing be delivered in person or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 11- Aggl(W- 0 0p'istL 4 i)B *U3F#Druary 7, 2012 - Page 38 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 11 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.gov The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.gov The AZDOHS shall address all notices relative to this Agreement to: Ms. T. VanHook Enter Title, First & Last Name above Town of Marana Enter Agency Name above 11555 West Civic Center Drive Enter Street Address Marana Arizona 85653 Enter City, State, ZIP XXXX. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Town of Marana Arizona Department of Homeland Security Enter Agency Name above Authorized Signature above Gilbert M. Orrantia GilbertDavison, Town Manager Director Print Name & Title above Enter Date above Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 11 -P&aPf§ MSgWQSE @�ruary 7, 2012 - Page 39 of 87 Any unauthorized changes to this document will result in termination of this award. Version 09122011 Page 12 AN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 7, 2012, 7:00:00 PM To: Mayor and Council Item C 3 From: Scott Leska , CIP Engineering Division Manager Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -10: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design concept study of the Tangerine Road improvement project between Interstate 10 and La Canada Drive Discussion: On June 23, 2009, the Council adopted Marana Resolution No. 2009 -101, approving an intergovernmental agreement with the Regional Transportation Authority of Pima County to facilitate and pay for a design concept report for the Tangerine Road corridor (La Canada Drive to Interstate 10). The IGA provided $2 million in funding for the design concept report. Based on the cost estimate provided by Psomas for the design concept report, additional funding will be required for the work. In addition, on May 5, 2010, the Council adopted Marana Resolution No. 2010 -42, approving an amendment to Resolution No. 2009 -101 to increase the Regional Transportation Authority of Pima County funding amount to a total of $2,600,000 to pay for additional environmental costs and town staff expenditures. This proposed IGA amendment #2 provides for an additional $140,000 in funding from the RTA to cover the additional drainage analysis required on the western end of the corridor. The additional funding will also cover some additional town staff costs. Financial Impact: The proposed IGA amendment #2 should be relatively cost - neutral to the town. The additional funding provided for in the IGA amendment covers certain town staff costs. ATTACHMENTS: Name: Description: Type: O Tangerine—RTA TOM_IGA_(00029164).DOC Resolution Resolution O Draft—Amendment Exhibit_ A_ IGA_ RTA _TP_TI_2005 Exhibit Exhibit 061.doc ❑ Resolution 2010- 042.pdf 2010 Resolution approving RTA Tangerine Backup Material Corridor DCR IGA amendment with IGA Regular Council Meeting - February 7, 2012 - Page 40 of 87 Staff Recommendation: Town staff recommends adoption of Resolution No. 2012 -10. Suggested Motion: I move to adopt Resolution No. 2012 -10, approving and authorizing the Mayor to execute an IGA amendment with the RTA concerning the Tangerine Road corridor DCR. Regular Council Meeting - February 7, 2012 - Page 41 of 87 MARANA RESOLUTION NO. 2012-10 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR THE DESIGN CONCEPT STUDY OF THE TANGERINE ROAD IMPROVEMENT PROJECT BETWEEN INTERSTATE 10 AND LA CANADA DRIVE WHEREAS A.R.S. § 48 5301, et seq., authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpose of funding multi -model transportation operations and improvements identified in the Regional Transportation Plan approved on May 6, 2006; 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 RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Regional Transportation Plan; and WHEREAS the Town Council adopted Marana Resolution No 2009 -101 on June 23, 2009 approving an intergovernmental agreement with the RTA to facilitate and pay $2,000,000 for a design concept report for the Tangerine Road corridor from La Canada Drive to Interstate 10; and WHEREAS the Town Council adopted Marana Resolution No 2010 -042 on May 4, 2010, approving an amendment to the original intergovernmental agreement with the RTA, increasing the funding for the Tangerine Road design concept study by $600,000; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into this intergovernmental agreement, approving a second amendment to the Tangerine Road intergovernmental agreement with the RTA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the RTA attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. RegulyW W %16ebruary 7, 2012 - Page 42 of 87 1 (00029164.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7 th day of February, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney RegulglreQRy%( f&.eUlq 1 6ebruary 7, 2012 - Page 43 of 87 2 {00029164.DOC /} REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY (RTA) AMENDMENT TO INTERGOVERMENTAL AGREEMENT NUMBER RECORDED IN DKT.13607, Pg. 692 PROJECT: DESIGN CONCEPT REPORT FOR TANGERINE ROAD: 1 -10 TO LACANADA DRIVE (RTA #1), A TRANSPORTATION IMPROVEMENT PROJECT PARTIES: RTA AND THE TOWN OF MARANA AMENDMENT NO. 2 ORIGINAL TERM: Not specified ORIGINAL AMOUNT: $2,000,000.00 CURRENT TERMINATION DATE: Not specified PRIOR AMENDED AMOUNT: $600,000.00 AMENDED TERMINATION DATE: Not specified AMOUNT THIS AMENDMENT: $140,000.00 NEW AMENDED TOTAL: $2,740,000.00 AMENDMENT NUMBER 2 WHEREAS, the Regional Transportation Authority of Pima County ( "RTA ") has entered into an Intergovernmental Agreement with the Town of Marana (Resolution No. 2009 -101) to provide transportation improvements to Tangerine Road; and WHEREAS, the original IGA funding amount was $2,000,000.00 for design concept study; and WHEREAS, the Amendment #1 (Town of Marana Resolution 2010 -042) of the original IGA funding amount was increased by $600,000.00 for design concept study; WHEREAS, the scope of the project is amended to provide an additional drainage analysis for the west end of the project near 1 -10; and, WHEREAS, the parties desire to be bound by the original agreement as if continuously in effect: and WHEREAS, the parties agree to increase the total amount of the Agreement to allow payment for the change in the scope of the project. NOW, THEREFORE, the Agreement is amended as follows: ADD: Exhibit B — Amended Scope of Work The effective date of this Amendment shall be February 7, 2012. All other provisions not specifically changed by this Amendment shall remain in full force and effect. Regular Council Meeting - February 7, 2012 - Page 44 of 87 In Witness Whereof, the Regional Transportation Authority of Pima County has caused this Amendment to the Agreement to be executed by its Executive Director, and the Town of Marana has caused this Amendment to the Agreement to be executed by the Director of Public Works, REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY: Jennifer Eckstrom, Board Chair Date TOWN OF MARANA: Ed Honea, Mayor Date ATTORNEY CERTIFICATION The foregoing Amendment to the Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the 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 - February 7, 2012 - Page 45 of 87 Regional Transportation Authority of Pima County Exhibit B 1 RTA Ballot/Project Number: 1 -1 2 RTA Plan Element: Roadway Improvement Element 3 RTA Plan Sub - Element (if applicable): N/A 4 TIP Project Number: 76.01 5 Project Name: Tangerine Road, La Canada Blvd. to 1 -10. '6 Work Phase Covered by this Exhibit: Planning x (check all that apply) Design Right of Way Construction Project Management x Environmental /Other x 7 Project Manager Information (person responsible for status reports): Name: Scott Leska Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653 Telephone Number: 520 382 -2600 Fax. Number: 520 382 -2640 Email Address: sles a&marana.com 8 Authorized Representative(s) (for signing & submitting pay requests): Name: Scott Leska Mailing Address: 11555 W. Civic Center Drive, Marana AZ 85653 Telephone Number: 520 382 -2600 Fax. Number: 520 382 -2640 Email Address: b'ohnso pMarana.com Name: Ryan Benavides Mailing Address: 11555 W. Civic Center Drive, Marana AZ 85653 Telephone Number: 520 382 -2600 Fax. Number: 520 382 -2640 Email Address: rbenavides@marana.com Regular Council Meeting - February 7, 2012 - Page 46 of 87 Regional Transportation Authority of Pima County Exhibit B Name: Corrina Gil Mailing Address: 11555 W. Civic Center Drive, Marana AZ 85653 Telephone Number: 520 382 -2600 Fax. Number: 520 382 -2640 Email Address: ill@marana.com 9 Map of Project Limits Attached? See Exhibit A 10 Narrative Description of Project Scope, Construct drainage infrastructure including catch basins, pipe, including improvements to be made pipe replacement for CMID, utility relocation, and asphalt and project intent (discuss how replacement for the drainage structures and trenching. project will address problematic areas): 11 Total maximum amount of Authority funding allowed for the Project or Project $760,000 Component under this Exhibit: 12 Project Budget (current year dollars): Outsourced In -House Total Planning $132,445 $132,445 Design Right of Way Construction Project Management $7,555 $7,555 Environmental /Other (Wildlife Linkage) Total Project Budget (all funding sources): $132,445 $7,555 $140,000 13 Project Budget by Funding Source RTA Non-RTA Total Planning $132,445 $132,445 Design Right of Way Construction Project Management $7,555 $7,555 Environmental /Other (Wildlife Linkage) $140,000 $0 $140,000 Regular Council Meeting - February 7, 2012 - Page 47 of 87 14 Funding Sources (current year dollars): RTA I `' "' $ 140,000 STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds PCDIF Local $140,000 15 Identify other project components not See Exhibit A of this IGA for the scope of the road covered by this agreement (if any): planning. 16 Estimated planning start date and duration of DCR Planning: 1) February 2012, 3 months (DCR/Planning only) 17 Expected Reimbursement Schedule: Calendar Year Calendar Year 2012 2012 Construction Design January February $70,000 March $35,000 April $35,000 May June July August September October November December Total $140,000.00 Regular Council Meeting - February 7, 2012 - Page 48 of 87 MARANA RESOLUTION NO. 2010-42 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY CONCERNING THE DESIGN CONCEPT REPORT FOR THE TANGERINE ROAD CORRIDOR WHEREAS the Town Council adopted Marana Resolution No. 2009 -101 on June 23, 2009, approving an intergovernmental agreement with the Regional Transportation Authority of Pima County to facilitate and pay for a design concept report for the Tangerine Road corridor (La Canada Drive to Interstate 10); and WHEREAS the intergovernmental agreement provided $2 million in funding for the design concept report; and WHEREAS additional funding is needed to cover the actual anticipated costs for the design concept report and for some other environmental and town staff costs; and WHEREAS the Regional Transportation Authority of Pima County has prepared and presented to the Town for execution a proposed intergovernmental agreement amendment authorizing an additional $600,000 in funding (the "Proposed IGA Amendment "); and WHEREAS the Mayor and Council find the terms and conditions of the Proposed IGA Amendment are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MAR.ANA, ARIZONA, AS FOLLOWS: SECTION 1. The amendment to intergovernmental agreement between the Town of Marana and the Regional Transportation Authority of Pima County (the "Proposed IGA Amendment ") 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. 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 Proposed IGA Amendment. Regulm R ig�20fgaq 7, 2012 - Page 49 of 87 _ 1 _ 100020762.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 day of May, 2010. Mayor d H nea ATTEST: p yn C. B son, Town Clerk t�►F = SEAL APPROVED AS TO FORM: "z /f,. F6nk Cassidy, Town.,A orney Regulm&gi gq&2bfgaq 7, 2012 - Page 50 of 87 -2- {00020762.DOC /} F F. ANN RODRIGUEZ, RECORDER DOCKET: 13820 RECORDED BY: K 0 PAGE: 2445 DEPUTY RECORDER y l q NO. OF PAGES: 7 RTAUT 1861 PE -3 q�'r ��0 SEQUENCE: 20101040593 ,`-- z 06/01/2010 �N , REGIONAL TRANSPORTATION AUTHORITY \ �"v RES 16:38 177 N CHURCH AVE 405 9R TUCSON AZ 85701 PICKUP ATTN: JACKI ONTIVEROS AMOUNT PAID $ 8.00 RESOLUTION No. 2010 -29 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY ADOPTING AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MARANA FOR PLANNING AND DESIGN OF TANGERINE ROAD (RTA 01) OF A TRANSPORTATION IMPROVEMENT PROJECT WHEREAS, the Regional Transportation Authority of Pima County (the "RTA ") is an Arizona special taxing district, duly formed and existing, pursuant to A.R.S. 48 -5302, et seq., for the purposes of coordinating multi- jurisdictional cooperation in transportation planning, improvements and fund- raising as a municipal corporation through taxation and bonding, with the public's input and voter approval; and WHEREAS, the Town of Marana (the "Lead Agency") is a body politic and corporate of the State of Arizona; and WHEREAS, pursuant to A.R.S. 48 -5309 (A), the RTA adopted, and the voters approved, a twenty -year, comprehensive, multi -modal regional transportation plan (the "Plan "); and WHEREAS, The RTA and Lead Agency have entered into an intergovernmental agreement for the Planning and Design of Tangerine Road (RTA #1), recorded docket number 13607, pursuant to A.R.S 11 -952; and WHEREAS, the Lead Agency and the RTA wish to cooperate in the Planning and Design of Tangerine Road (RTA #1) ("the Project"); and WHEREAS, the Project is one of the transportation improvement projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan; and WHEREAS, pursuant to A.R.S. 48 -5304 (18), the RTA has the authority to enter into agreements to exercise its powers and carry out its responsibilities; and WHEREAS, staff from the RTA and the Lead Agency have drafted an amendment to intergovernmental agreement, attached hereto as Exhibit A and incorporated herein by this reference (the "amendment"); and RTA Resolution No. 2010 -29 Page 1 Of 3 Regular Council Meeting - February 7, 2012 - Page 51 of 87 WHEREAS, the Board of Directors of the RTA has reviewed the provisions of the amendment and finds that adopting it is in the best interests of the RTA and is in furtherance of the Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the RTA that the amendment, attached hereto as Exhibit A, is hereby approved and adopted. BE IT FURTHER RESOLVED that the Executive Director of the RTA is hereby authorized and directed to take all steps necessary and proper to cooperate with the Lead Agency on the Project and comply with the amendment. PASSED AND ADOPTED by the Board of Directors of the Regional Transportation Authority this of May, 2010. 2 , 4.. Z � (/� Lynne Sk , Board Chair Certification: Gary Hayes, the Executive Director of the RTA, hereby certifies and attests that he has access to the official records of the Board of the RTA, that the foregoing Resolution was duly adopted by the Board of the RTA, at a duly noticed and public meeting, and that this Resolution has not been altered or amended and remains in full force and effect on the date stated b ow. GaryAayb6, tiv Director Date: Approved as form: T mas Benavidez, Esq. RTA Resolution No. 2010 -29 Page 2 of 3 Regular Council Meeting - February 7, 2012 - Page 52 of 87 EXHIBIT A [Amendment to Intergovernmental Agreement] RTA Resolution No. 2010 -29 Page 3 of 3 Regular Council Meeting - February 7, 2012 - Page 53 of 87 REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY (RTA) AMENDMENT TO INTERGOVERMENTAL AGREEMENT NUMBER RECORDED IN DKT.13607, Pg. 962 PROJECT: TANGERINE ROAD BETWEEN 1 -10 AND LA CANADA DRIVE DESIGN CONCEPT STUDY PARTIES: RTA AND THE TOWN OF MARANA AMENDMENT NO. 1 ORIGINAL TERM: Not specified ORIGINAL AMOUNT: $2,000,000 CURRENT TERMINATION DATE: Not specified PRIOR AMENDED AMOUNT: $0 AMENDED TERMINATION DATE: Not specified AMOUNT THIS AMENDMENT: $600,000 NEW AMENDED TOTAL: $2,600,000 AMENDMENT NUMBER 1 WHEREAS, the Regional Transportation Authority of Pima County ( "RTA ") has entered into an Intergovernmental Agreement with the Town of Marana (Resolution Number 2009 -101) to provide the Design Concept Study; and WHEREAS, the original IGA funding amount was $2,000,000 for design and construction; and WHEREAS, the project study cost will cost approximately $2,600,000; which is $600,000 greater than the funding amount allocated to the study; and, WHEREAS, the parties desire to be bound by the original agreement as if continuously in effect: and WHEREAS, the parties agree to increase the total amount of the Agreement to allow payment for the study of the improvements. NOW, THEREFORE, the Agreement is amended as follows: CHANGE: Exhibit A - Total maximum amount of Authority funding allowed for the project or project components under this agreement: From: '...$2,000,000.' To: "... $2,600,000." The effective date of this Amendment shall be April 27, 2010. All other provisions not specifically changed by this Amendment shall remain in full force and effect. Regular Council Meeting - February 7, 2012 - Page 54 of 87 In Witness Whereof, the Regional Transportation Authority of Pima County has caused this Amendment to the Agreement to be executed by its Executive Director, and the Town of Marana has caused this Amendment to the Agreement to be executed by its Mayor. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COU ld Lynne Ske n, oard Ctfair Date TOWN OF MARAN Ed Honea, Ma§Or Date ATTORNEY CERTIFICATION The foregoing Amendment to the Agreement by and between the Regional Transportation Authority of Pima County and Pima County has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transpo n Authority of Pima County: Thom Benavidez, Attorney for the Authority Date Town of aran nk Cis idy, Town Attor ey Date Regular Council Meeting - February 7, 2012 - Page 55 of 87 MARANA RESOLUTION NO. 201042 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL. TRANSPORTATION AUTHORITY OF PIMA COUNTY CONCERNING THE DESIGN CONCEPT REPORT FOR THE TANGERINE ROAD CORRIDOR WHEREAS Ahe Town Council adopted Marana Resolution No. 2009 -101 on June 23, 2009, approving an -intergovernmental agreement with the Regional Transportation Authority of Pima County to facilitate and pay for a design concept report for the Tangerine Road corridor (La Cafiada Drive to Interstate 10); and WHEREAS the intergovernmental agreement provided $2 million in fiuiding for the design concept report; and WHEREAS additional funding is needed to cover the actual anticipated costs for the design concept report and for some other environmental and town staff costs; and WHEREAS the Regional Transportation Authority of Pima County has prepared and presented to the Town for execution a proposed intergovernmental agreement amendment authorizing an additional $600,000 in funding (the "Proposed IGA Amendment"); and WHEREAS the Mayor and Council find the terms and conditions of the Proposed IGA Amendment are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The amendment to intergovernmental agreement between the Town of Marana and the Regional Transportation Authority of Pima County (the "Proposed IGA Amendment ") 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. 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 Proposed IGA Amendment. Manna Rmludon No. 201042 - 1 - { 00020762.DOC /} Regular Council Meeting - February 7, 2012 - Page 56 of 87 R I PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 day of May, 2010. Mayor qd ii6nc ATTEST: i yn C. B n, Town Clerk APPROVED AS TO FORM: �4 ulA�a .r- t > larik ` 'dy, Tawn orney Man= Resolution No. 201042 -2- {00020762.DOC �} Regular Council Meeting- February 7, 2012 - Page 57 of 87 ARAN REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 3, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Membe>if, Carol McGorray, Council'1Vlember., Jon Post, Council Member Roxanne Ziegler, Cbmcil Member REGULAR COUNCIL lE1NG CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order t ft2 .m. Towu 0 *k Bronson called roll. All Council Members were present exceCou:i ember Post, who was excused. There was a quorum present. r.. PLEDGE OF ALLEWANCE�OCATIOlMOMENT OF SILENCE Led by Mayor Hon`' eap APPROVAL0F AGENDA ` Motion t ipprove b3i, CouncilMember McGorray, second by Council Member Ziegler. Passed, animously CALL TO SHE PUBLIC There were mspeaker care -presented. PROCLAMATION�_.:_: MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Vice Mayor Comerford wished everyone a Happy New Year. Mayor Honea reported that good things are happening in Marana and referenced the transfer of the wastewater plant in north Marana from Pima County to Marana at 12:01 a.m. He also announced that there would be refreshments after the meeting to celebrate the transfer of the wastewater plant. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported on two items — the first being the launching of the new website, which has been in the works for over a year. Modifications are still being made, and he Regular Council Meeting -February 7, 2012 - PabWWb 2012 Council Meeting Minutes I expressed that comments and feedback are welcomed by all. The second is a regional event occurring this coming Saturday to commemorate the unfortunate events of January 8, 2011. The town has been asked to participate with an activity, and there will be a 5- mile hike up Wild Burro Trail Saturday morning tied to that. More information is available on the website. PRESENTATIONS P 1: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 5 - Work Rules. Presented by Ms. Machain, stating that she is asking for Council consideration regarding a policy change to Work Rules in Chapter 5 of the Town's Policies and Procedures. That section deals with the discipline system. S4e4 oted a few non - substantive changes throughout the section, and continued, frring to definition of the term suspension without pay, basically an involuntary ti off w out pay and the types of infractions that would apply. The police chief is realyo complete a discipline matrix, showing different levels of suspension up to 30 8 -hod days. The cuffi only allows for suspension up to 15 days. The changeto policy would allow up�t4 30 days. Regarding grounds for suspension, an item has added the existing h �` -� acts of workplace violence, including violence or threats c f olert in the workplace or against other employees or members of the public. She notedAk Captain Nunez was also available for questions. Council Member Ziegler and Co oncil Member Bowen asked for clarification of the details of the ch'ang'e'* which were provided by Captain Nunez and Ms. Machain. Ms. Machain noted that the po'li�,eChanges coup apply to all employees, but the focus is on the police department due to PF5 proposed matrix. Captain Nunez stated that the thinking behind the cap es would in giving flexibility to department heads to salageemployee who previously might have been terminated under the current paia He staid specific emples. Ms. Machain noted that this was a first reading, and nognctl anion was necess°y tonight. She plans to bring this back for Council consideration pwth e- t Qgencla at the January 17, 2011 meeting. CONSWT` AGENDA „ C 1 Minutes of the D er 6 regular meeting and December 13 study session LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a new Series 12 (1616s urant ) 'liquor license application submitted by Kevin A. Kramber on behalf of Jackson's 6 e' & Gastro Pub, located at 8235 N. Silverbell Road, #105. Presented by Ms. Bronson, who noted that the application had been properly posted, that no protests were received, and that staff is recommending approval. Motion to approve by Vice Mayor Comerford, second by Council Member McGorray. Passed unanimously 6 -0. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2012 -01: Relating to Boards, Commissions and Committees; appointing three members of the Marana Town Council to a Council committee established to receive and review applications, interview prospective members, and make recommendations to the full Town Council regarding appointments to the Planning Commission and the Board of Adjustment. Presented by Mr. Davidson, who noted that Regular Council Meeting -February 7, 2012 - Pabgv"h 2012 Council Meeting Minutes 2 this was the subject of a previous discussion. Tonight, staff is requesting Council approval of three members to sit on this subcommittee. Motion to approve Council Members Ziegler, McGorray and Bowen to an appointments subcommittee to review applications for the Planning Commission and the Board of Adjustment by Council Member Ziegler, second by Council Member McGorray. Passed unanimously 6 -0. COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Resolution No. 2012 -02: Relating to Boards, Commissions and Committees; approving "Civic and Community Engagement" as the topic for the inaugural Marana Citizen's Forum. Presented by Mr. Davidson who noted that this item is to formally adopt the first item for the Marana Citizens' Forum. He f irtl r.noted that this year the Arizona Town Hall and other agencies are using civic entigement as their focus topic, especially in light of the year of the Arizona centennial_ Further, nearly 15 members of previous citizen advisory commissions have submit"ir to .4,on the first forum. There will also be Council appointments a i` a representative from b Chamber of Commerce, the school district, the health cent ,and Northwest Fire Disti Arizona Town Hall has provided the name of a professionat c lit far in the Tucson °.area who is very interested in helping with the Forum. The targefcla� to start is late February or early March, when the materials for Arizona Town Hall "will, also be available to our participants. Ms. Bronson noted that there;was a potential pogl about 35 citizen advisory commission members. To date shea,ceived notes.from four members who do not want to participate. The period to submit �s closed January 6, 2012. Motion to approve the first item fob the Marana 61 s' Forum's y Council Member Bowen, second by Council Member KeGorray. Passed unanimously 6 - - 0. D 2: Relating to Legtsltion and Government Actions: Discussion and possible action regarding all pending state d I d local W' slation/government actions and on recent and u�cng meeting of other gotimental bodies. Presented by Mr. Del Post, who noted that the next f6oslative session starts January 9, 2012. There appears to be quite a few items thai liave an " I on local government, so staff is going to be momtor�� those initiatives And we1I be providing continuous reports to Council. He also gave a preserttation on the history and status of the independent redistricting commission (IRC) and ad the Couo I on where that process is. Due to the 2010 census, Arizona picked up an adcttnal congressional district. He presented maps which have been completed and subm'1`by the IRC — the first for legislative districts — showing Marana in District 11. Marana is the fourth largest community in that district. Each district has approximately 200,000 population. Mayor Honea noted District 11 is primarily in what used to be District 23 and which added Marana and Oro Valley. The second map is the Congressional District map. Marana is contained in Congressional District 1. In this district, Marana would rank the fifth largest incorporated area. Mr. Post noted that the maps were submitted in December 2011 and are currently undergoing a legal review to ensure that they comply with the Federal Voters Rights Act of 1964 and other federal conditions. They will eventually be submitted to the Department of Justice for an addition review which should be concluded in 60 days and then returned to the districting commission for a final vote. In response to a question from Regular Council Meeting February 7, 2012 - Pa b#W h 2012 Council Meeting Minutes 3 Council Member McGorray regarding candidates currently serving a district that will be split, Mayor Honea responded that candidates can gather signatures for the next election cycle in their current district even if they are in a different district after the new districts are accepted. Marana's legislators will substantially change once the redistricting occurs. He also noted that many legislators would be moving once the maps are approved. Mr. Post concluded the presentation, noting that staff would continue to monitor the progress of the maps approval. EXECUTIVE SESSIONS Motion to go into executive session at 7:43 p.m. on Item E 2 by Council Member McGorray, second by Council Member Bowen. Motion passed unanimously 6 -0. E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3),,iuncilmay ask for discussion or consultation for legal advice with the Town Aey concerning any matter listed on this agenda. E 2: Executive session pursuant to A.R.S. § 38-4 ),(4) and(, discussion or consultation with the Town's attorneys and to j&truct the Town's replesentatives z concerning (1) the lawsuit entitled Town of Mam4y. Pima.County/Pima Co my v. Marana (consolidated), Maricopa County Superi4 ourt No: CV2008 -001 [� 1, Arizona Court of Appeals No. 1 CA CV 1103 8 1; (2) the lawsuit untitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and::(3) pending legal issues, settlement discussions and contract negt lops relating to the transition of Marana wastewater collection and treatment to the ro f Marana FUTURE AGENDA ITEMS Notwithstanding the ma ybt cretion of what items to place on the agenda, if three or more council memb�equest :item to be paced on the agenda, it must be placed upon the agenda for the seca�egul� town council rung after the date of the request ( Marana Town Code, Title -2, ha"" 24. Section 2 -4 -2 B) ADJOURNMENT Motion to. adjourn at i 25 p.m. 6y - ,to ncil Member McGorray, second by Council Membei &"&wen. Passed animously 5-0, Council Member Kai being excused prior to convening thi,- executive scion. CERTIFICATION I hereby certify that t f6regoing are the true and correct minutes of the Marana Town Council meeting held on January 3, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting - February 7, 2012 - Pab#W h 2012 Council Meeting Minutes 4 MA STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 10, 2012, at or after 6:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayo David Bowen, Council Member Herb Kai, Council Member 3 ..v Carol McGorray, Couno' ' e nber Jon Post, Counci ,Member_ Roxanne Ziegler, 06" Member STUDY SESS107471 CALL TO ORDER AND ROLL CALL yor Honea calls 11te-meeting to order at 6:02 p.m. Town Clerk Bronson called folf.' AIhCouncil Members were present. PLEDGE OF ALLEGIANCP /INVOCATIO OMENT OF SILENCE. Led by Mayor Honea. u APPROVAL OF AGENDA. A141ion to approiJ04he agenda by Council Member McGorray, second by Council Mer4' i — . Bowen. Passed unanimously. DISCUSSION/DIREC "ION/P JBLE ACTION 1: Betfy"Horrigan ProclamationN yor Honea introduced Betty to the audience. Jocelyn Bronson read theikpclam, ion. Mayor Honea commented on his long relationship ilb Betty, spiting 30 years. He also presented Betty with a branding iron and a brick ledicate to her employment with the town. The brick will be placed in the municipal con vlex courtyard. 2: Resolution No. 2612 -03: Presentation: Relating to Economic Development; supporting the development of a Union Pacific Railroad rail yard and industrial park in Pinal County Council Member Kai noted a conflict of interest on this item and excused himself from the dais. Presented by Gilbert Davidson, who introduced Ken Buchanan, Assistant County Administrator for Pinal County. Mr. Buchanan introduced Zoe Richmond from Union Pacific Railroad (UPRR), Tim Kanavel, Jerry Stabley, Greg Stanley and Andy Smith from Pinal County and available to answer questions after the presentations. Mr. Stabley gave background on the area, including ownership, and how the area is tied to Regular Council Meeting - February 7, 2012 - PjapffWf h9, 2012 Council Meeting Minutes 1 Pinal County's Comprehensive Plan. Most of the land is controlled by State Land. Greg Stanley, then discussed the County's plans for regional transportation planning which includes the development area for the rail yard. Andy Smith, discussed the regionally significant route study which focuses on I -10. He pointed out the I -10 corridor planning level that ADOT is currently doing design work on which ties into Pinal County's preferred corridor and will affect the relevant area. Pinal County has identified a need where they would like to do more transportation planning in the area with Marana, and Eloy. Zoe Richmond from UPRR then presented Council with plans to build a classification yard which is needed to expand their presence in Arizona. She on to explain the parameters to place the rail yard and what is considered a vtable'locaton for this. The Red Rock area is the ideal location for the yard, which is bass' a place to sort trains. This project has been in the works since about 2005 The ;estimdt6d, cost of infrastructure is around $250M. Jobs at the site are estimated to be 250 and more tndarect jobs as a result of vendors wanting to be close to the rail yard: But the ultimate expectation for the rail yard is to put the area on the map as a transPprtation hub for manufacturing and distribution. Ms. Richmond discussed a sister` reac Mexico, in Santa Theresa, Nevi exico, p .� which has actually been started, to demonstrate thatrhas been a lot of ancillary growth as a result of the UPRR rail yard in New Mexi&� 14 though that facility won't be built until 2015. She noted further that.tlte project woul`taye little negative environmental impact on an area and would he.an economic ",er In Arizona there are currently two large classification yards ucon. and Phoenix, hich makes the Red Rock area ideal for an additional classification Tht<:first thing that has to happen, however, is to acquire the .lath_ Ms. RichntI " anticipates that there will be up to 20 tracks when the proje9ris complete. Tim Kanavel next spot ma�nizing potent) for economic development through this rail yard project -He further illustrated this industrial growth potential through the Alliance Texas `shd�s he presented durmg ltis discussion. He also noted for Council's benefit that Pinal Co is part 6f f oreign Trade Zone 75 — a huge component of any mutts t�al facility. He finrther expred what a foreign trade zone is — basically a competiti __advantage worldwide. fie then shared a comparison of Alliance Texas with a proposed Pinat Airport/UP� rail yard and considerations for job creation as a result of this project gout forward Upon motion by Council Member McGorray, second by Council Member Post, to support this resolution, the resolution was unanimously approved 6 -0. The Town Clerk will forward the signed resolution to Pima County immediately. 3: Presentation: Relating to Utilities; update as to the Wastewater Rate Development and to solicit Mayor and Council feedback on the rate study assumptions Barbara Johnson presented this item, noting that it has been four years since rate increases were brought to Council. She noted that as the town gets into the business of wastewater, the cost of doing business is a major element to consider. Based on tonight's presentation, staff would like to come back next week for approval of the rate case and Regular Council Meeting - February 7, 2012 - PJ8&lfXf h9, 2012 Council Meeting Minutes 2 the rate study based on the assumptions presented. Staff will come back again a year from July 2012 for another rate increase after a year of operating experience. Dan Jackson, Managing Director of economists.com, and the town's rate consultant since 2007, then presented the rate case that he and town staff will be working on over the course of the next few weeks. He noted that his presentation is a continuation of a process begun with Council in 2008 and gave a brief review of events from that time forward. He further noted that the next step in the process is to reassess the rate that was set in 2008 and set appropriate rates going forward in 2012 and 2013. Mr. Jackson noted that there are three major objectives of the plan: to make sure that the town has sufficient revenues to pay its operating expenses; to ensure that any debt that is taken out to acquire the system and make improvements can be covered by the rates charged; and to, per „past Council direction, maintain parity with the rates charged by Pima County and minimize any disruption that the ratepayers will experience in the transition'fro Pima County to Marana. Rates are going up for everyone and costs are gtiing up t wastewater systems throughout Arizona. In recognition of that, Council can, seta rate plate that will bring the revenues needed and minimize the impact on the ratepayers. Mr. Jackson summarized the key elements of the proposal as outlined m m5 presentation presentatio :,= .. responded to questions from Council regarding tuture mcr�s. He expects iycome back to Council next year regarding additional increases`'ixthe tlturi. Just as other municipalities with wastewater facilities around the stt have to do, Marana will have to incur cost increases — they are u: fact of life and they -are coming. It will be prudent for the town to reassess the rates ev aryy year. The goal is to continue to mirror Pima County; they have another rate adl-tstnient 4eduled f6r4t ly, 2013, which is when their ordinance runs out, although their ad1ustment §3probably won't run out. Mr. Jackson responded to a Coun question that are about 1810 customers currently within the north Marana system; He further noted that the cost of the system has not yet been determined. Tbb first quest On to answer ats what is the cost and then how will the town a for it. The to p yvtll a be getting trripact fee revenue which will be supplementing the rate revue m 1 €ip pay for the acquisition and expansion of the system.. Council Member Bowen dude a motion for staff to move forward with the rate study in a mannefc0sistent with - 10nights% meeting, second by Council Member Post, passed unanimously. Barbara Johnsob "wade � "final comment that per one of the charts presented by Mr. Jackson, Pima Countyrates were kept artificially low for an extremely long time, and the business people in the community offset that cost of doing business. Once town staff has an opportunity to review the efficiencies of the system acquired a week ago, town costs will look like Pima County's costs. Until efficiencies can be determined, customers in north Marana will initially see a drop in sewer bills for three months, and then those rates will stay even with everyone else. 4: Presentation: Relating to Strategic Planning; approving the draft version of the updated Strategic Plan and directing the Town Manager to obtain public comment on the draft version Regular Council Meeting - February 7, 2012 - P16V �j 'f a9, 2012 Council Meeting Minutes 3 Mr. Davidson presented this item, noting that the draft Strategic Plan is an update of the Plan adopted in 2009. He noted that the current Plan has been recognized nationally and has won a number of regional awards. At the fall planning session, Council set forth their objectives for amending the Plan. Del Post discussed the process for modifying the Strategic Plan and gave a brief overview of steps taken beginning with the planning session. Staff has been working on modifications and additions to make the Plan more focused per Council direction. He noted that redundancies were eliminated as well as strategies that have been completed during the last lifecycle, grammatical inconsistencies and been eliminated and the overall mechanics and readability of the Plan now make it a more useful tool for the public, staff and Council. The draft Plan is a compilation of Council changes and editorial changes made by staff. Mr. Post, further noted that he welcomes Council edits and comments. He then highlighted erne of the substantive changes and things that didn't change. The first is the Vision. During the planning session, Coun decided �t this document represents where they want to go as a town. The 0Iverriding:Principlegivere changed with the addition of "quality public service" and invest resources to the duct benefit of Marana" to "financial sustainability" and "deweto�ent of strategic partners t s." There was a previous Overriding Principle of "collaboratitrt with citizens," and that was rolled into the "development of strategic partnerships." The Focus Areas largely stayed the same• council made a fewminor modifications to "Commerce" which was formerly entitled "Cor�r�e Centers - and "Community Building" was simplified to "Community.' The other�,sreas stayed the same. There were some modification to the Goalsy.:The "Conner erce" goal was shorted and more focused on care orientd ommerce. i`Communty" is now more focused to "create a safe community where all people are motivated to be involved and feel connected and valued � uncttdetermined at the'planning session that "Progress and Innovation" ade,uately retttede ouncil's objective. "Recreation" has a minor change It f sf , ferenced showing the Sonoran Desert. Since that reference is contait� tin the Vtstoi;`Qounctt wanted to focus on how recreational opportunities can createnomic benefits.' The "Heritage" goal was shortened and strengthened to focus more on community character. Measuring staff and overall progress in these areas was added to the fiew Strategic Plan by Council direction. Success Indicators are now included after eh Focus Area. This gives staff an opportunity to monitor and report on the progress in eae, f9cus'Area. In addition, staff created a numbering system to increase readability and`the utility of the document. This helps to focus on the Council's objective to implement this document into everything that is done within the town. Also created was an index to make the document more user - friendly for staff and the public. Amanda Jones then briefed Council on how the draft Plan would be presented to the public for feedback and make sure that the appropriate outreach has been done. She presented a schedule of community events where there would be opportunities for Council and staff make presentations. Comment cards will be available at each event and town facilities and the Chamber of Commerce throughout the comment process. There will be a strong presence on the town website with a link to the Strategic Plan blog and a link to an online survey. HOA's and local media outlets will also have Internet links. Regular Council Meeting - February 7, 2012 - Pa §V"t'f a9, 2012 Council Meeting Minutes 4 Open Houses will be held such as was done with the first Strategic Plan. She asked that Council let her know of any event they might like to attend or any event that is missing from the list. Mr. Davidson concluded by recognizing the staff who took the document and worked through all the edits, a very time - consuming process. Del Post, Amanda Jones, Frank Cassidy, Jocelyn Bronson, T. Van Hook and Tom Ellis. Breanne Lorefice and Rodney Campbell were also involved. All of the directors spent time working through the draft as well to make sure all levels of staff were involved. He then asked for comments and further direction from Council. Mayor Honea asked if Avra Valley Fire District could be included for outreach purposes, especially as regards possible, annexations into the areas they current serve. Mr. Davidson noted that if there are things that Council would .,.,_„ like to add, tonight is the beginning point for additional inputibm Council. He expects that the final document will be coming back to Council inAlarch j1 copies can be printed out for Council. Council Member McGorra y nc`��.VIayor 1tonea congratulated staff on the work they have done. Vice Mayor C+a'rneit d asked for schedule of events once the public outreach schedule is prepared. Mr. Davidson requited that some or all of the Council attend these public outreach o ,vents as fttuch as possible Mayor Honea noted that no formal motion was made to move::farward; however Mr. Davidson stated that he felt a motion wasn't necessary at this time... 5: Relating to Liquor Licenses; recommi bWatipp to the state liquor board regarding a special event liquor license application sUbrn � PGA TOTJR, Inc., for the 2012 �_n Accenture Match Play Championship golf tournathent, _cated at The Ritz - Carlton Golf Club, Dove Mountain. oc Iyn, Bronson notgod that this application is the standard request the PGA applk fore year and C tincil approval is required per Council policy. Staff recotnn�e ds appri`""al. Motion M approve by Council Member Post, second by Vice Mayor'C merf4r. Passed unanimously. 6: Resolution`N OI2 04 : eating to Municipal Court; approving and authorizing the Mayor t execute an nitrovernptal agreement with Pima County for video court hearing of Marana Munir% al Co r r'isoners being held at the Pima County Adult Detention tenter Frank Cassidy*sented this item, stating that normally it would have been a Consent item on a regular agetda This continues the town's relationship with the county to allow the town to use the cot 't video court system. He also noted that the rates were not increased this year. , lotion to approve by Council Member Post, second by Vice Mayor Comerford. Passed unanimously. 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. Mr. Davidson did point out that because the wastewater item was the only item scheduled for January 17' meeting, the wastewater rate item could be move to the first item on the January 24 study session agenda. Council concurred. Regular Council Meeting - February 7, 2012 - PJa &W'f h9, 2012 Council Meeting Minutes 5 ADJOURNMENT. Mayor Honea adjourned the meeting at 8:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 10, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting - February 7, 2012 - Pataplo%�9, 2012 Council Meeting Minutes 6 _ �` �wWaioniere .MARA =/ STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 24, 2012, at or after 6:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayo David Bowen, Council Metier Herb Kai, Council Member. �y Carol McGorray, Couatil Me fiber Jon Post, Council Member,, Roxanne Ziegler, Couil Member STUDY SESSI6 �1_ CALL TO ORDER AND ROLL CALL 11 r,Honea calle meeting to order at 5:58 p.m. Town Clerk Bronson called rill. All otncil Metiers were present; there was a quorum of the Council. PLEDGE OF ALLEGIANCV- OCATI0N1MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL,,OFz,AGENDA 1 Lotion 4,p pove the agenda by Council Member McGorray� scdrtd ;y ouncitXember Post. Passed unanimously. DISCU ION/DIREMO /POS LE ACTION 1: Reso &ibn No. 2012-0 Relating to Development; approving and authorizing a final plat for Tapgerine Butess Park, Blocks 1 -10, Parcel "A ", Common Areas "A ", "B ", and "C" tinted 1r Kevin Kish, who noted that this is a formality item which normally would be on the 6onsent Agenda at the regular meeting. Motion to approve by Council Member Bo, �, second by Council Member Ziegler. Motion passed 6 -0; Council Member Kai having declared a conflict and left the dais during the discussion and vote. 2: Resolution No. 2012 -006: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 - Work Rules, Policy 5 -5 "Discipline System ". Presented by Suzanne Machain as a formality, as this is a final reading and would normally have been on the Consent agenda at a regular meeting. Motion to approve by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. Regular Council Meeting - February 7, 2012 - pja &�FWfif, 2012 Council Meeting Minutes I 3: Relating to Public Relations; authorizing the expenditure of $1,000 to support the state -wide effort to host the International City /County Management Association (ICMA) international conference in Phoenix, Arizona in August 2012 . Presented by Gilbert Davidson, who noted that the City of Phoenix was awarded the opportunity to host this international conference. Several entities have been trying to raise money and support for this conference for over 5,000 professionals from around the country as well as for internal visitors. Motion to approve by Council Member McGorray, second by Council Member Post. Passed unanimously. 4: Resolution No. 2012 -007: Relating to Utilities; adopting a notice of intention to increase wastewater rates and rate components, and setting a Feoriury 28, 2012 public hearing on the proposed increase. Presented by Frank Cassidy w` ho noted that this is a required public hearing to set rates. Barbara Johnson and Fr .- Cassidy responded to questions and comments from Council. Motion to approve by 6 it Member Ziegler, second by Council Member Bowen. Passed unanimously: 5: Presentation: Relating to Administration, prentation,and discussion of the framework for the development of the fiscal yeaf,2012- 201l-budget. Introfia ed by Gilbert Davidson and presented by Erik Montague Mr: Davidson noted "that this evening was the kick -off for the annual budgeting procs., He noted that Marana's budget has been an award - winning bu4,�ez for the past seal years for which he thanked Council for their support. This is a collabdt fve effort of al 14heAmartments, using the Strategic Plan as a guide, ag well as individual tnpilt from the Council on critical issues facing the community. Tonight's presentation wIl'eover:.budget management through the multi -year recession, revxe' o the general 4 mayor revenues and reserves, the recovery planning whi was�.Ijoduced last year and how all those factor into the work done through strategic_ planning and the money that will be spent this year and how that ties into future projects.' Erik Mont ule rt update for FY 2t t2, where we are to date and a preliminary look at tie next fiscaksar begin to with the revenue structure starting with the "big three `sles tax, other'agncy /shy' revenues, and licenses, permits and fees. These funds prole the majority ofiandrrig for the town's services. The high water mark was 2006 -07. A6 funds didn't stabilize until 2009 -2010. He emphasized "slow recovery" from 2010-20 1 1 h only, modest change from 2011 -2012, which puts the town back to about 2005 -2006 numbers. He further emphasizing that the town is a fundamentally different organization how than it was then focusing on core services and investing in resources when they4l become available. The town has moved from having multi -year surpluses to having multi -year deficits, which has required multi -year strategies to ensure having replacement funds and funding to provide the necessary service delivery. He anticipates another two to three years of recovery. Next, he illustrated sales tax revenues from July 2006 to November 2011, showing activity during that period for construction, retail, fire, transportation, restaurants and hotels. Most of the current growth is attributable to the wastewater treatment project (contracting sales tax) in the southern region. He concluded with the management of the general fund revenues, showing a comparison graph between fund balance and reserves. Regular Council Meeting - February 7, 2012 - Pjapf87' 2012 Council Meeting Minutes 2 Staff will adopt and maintain a minimum reserve target. In 2009 -2010, about $600,000 was added back to the reserves based on savings and efficiencies; in 2010 -2011, about $1.2. Currently, the numbers are trending about even for the current fiscal year. Gilbert Davidson then talked about recovery planning. The goal is to reinvest into the organization what will bring a stable work environment which will give the most benefit to the three components brought forward last year — current staff, resources and tools and strategic positions. He noted that over the past several years there has been a major reduction in staffing, and that when any staff left for any reason, that position was heavily scrutinized as to whether it needed to be replaced or whether existing staff could manage the workload. So the town went from a high of about 370 employes to about 300 this past year. A few positions were able to be added in this past yer which was authorized by Council. But strategic positions are key positions that nz-be added back into the budget to help position Marana for future sustainability, aid sta l look at those for the coming fiscal year. As Council sets the initial formation for the future of the community, mu'66 that is driven by the Strategic Plan document. Budget de lopment is the first step 'iti- planning for the future. Once the budget's adopted, impleindfiUbotfis where staff carries out and monitors the policies for providing key services. The la§t part is reviewing updates on fiscal performance and measuring how we did. Managing performance system is not just how employees are evaluated; it is a individual departments perform as they relate to identified strategies. This will he contfifitally enhanc6"'d-and improved, and a feedback will be given to Council to enable bet leetonacahon with constituents on the fiscal and physical heulth f the community. r Erik Montague there gave a report on the FY 2012 general fund update and prospects for the future, noting that Ih town t roughly where4aff expected it to be at this point. This 11 is primarily driven by the "big threerevepges.' Most of those revenues are trending as expected. This rsa e bird y66 of year -over-year revenue reduction in the category of court activities. Staffs # to work closely with the court and other departments to mAn gJrends. On tf e pendit e'side, the employees are the most valuable asset to the organization which is'dei;nonstrated by the amount of resources allocated. There is a little savings -left from the vacation buy -back program and a one -time pay -out program around the holic s, but th' is some vacancy savings there. Overall, the town is at about 44 %. About .7M v , as taken for reserves over the year; about $1 M of that was for contingency. The res#,had to do with the use of one -time capital outlays and other one - time programs and projects. Although for the current month, revenues were short of expenditures by about $900,000, in the months prior, adequate resources were acquired. Through the first six months, revenues exceeded expenditures by about $1M. Even with the slow recovery, the expectation is that revenues will continue to trend as they have. On the expenditure side, there will be a little catch -up necessary. Some of the contracted repairs will be underway shortly. Staff continues to be diligent in managing their budgets, and some of the one -time projects are being monitored to get done by the end of the year. The preliminary outlook for 2013 is a slight or modest increase in the "big three" revenues. Currently, the increase is in the 3% to 4% percent range. There are some Regular Council Meeting - February 7, 2012 - PJWW'f8J, 2012 Council Meeting Minutes 3 things that will mitigate that such as allocating contracting sales tax out of the general fund back to the transportation fund. Again, he emphasized a very slow recovery. There are several points of pressure on the budget amounting to about $3M, including a potential increase in retirement costs (as a result of HB 2264), core insurance benefit cost increases of about 10 %, the State Land preserve lease obligation, currently being defrayed in part by the developer until a threshold revenue of $1M is achieved, discriminatory bed tax (as a result of SB 1460 from 2011 relating to small communities of about $820K), increased debt obligations to ensure a structurally balanced budget, replacement funding — the largest being for vehicle and technology replacement which was started last year, contracting sales tax reallocation (these are one -time revenues) and any new legislation that will bring expenditure increases. Mr. Montague concluded with a budget timeline gVWIT-ht tonight's presentation. On the department side, the kick -off will begin this week and they will have about a month to complete their budget requests. By the middle of April, std <will bring back a Manager's Recommended Budget to Council as well as a Comprehensie,h'ee Schedule update. The tentative budget is scheduled for mid-May and the final bud adoption will be scheduled for mid -June. Mr. Montague andVr.David on responded 4questions from Council regarding the discriminatory bed tax be,used for tourism and the State Land lease of the Preserve, contracting sales tax and road repair within neighborhoods. Mr. Davidson gave some background.;on.the acquisition of the State Land lease. Mr. Montague noted that as several bills move_through the legist4`iure,Ahey could have a significant impact on the revenues and ex e id iris.which cord affect the budget numbers. Mr. Davidson followed up statig that't)te e.staff can do to make Marana an attractive place to invest for,businesses and residents, -Ahe more it will add to the bottom line. He agreed "with ?Ir= Montague that the view for the next few years is going to be slow, but the more that came done now create the right environment will affect the long -term efforts. will m(#i"t jikely be a lodlittle things that add up over time rather than one )arge project t at ilL4 - the revenue outlook. Mayor Honea alluded -to a direct:nexus between the State Land preserve lease and the discr*mth"atory bed tax as it;relates td m"itigation at the Ritz Carlton resort, and Mr. Davidson Qncurred that that maybe a very positive option to solve the coming year's issue. Mr. Mon gue noted that at staff is planning to move forward in the next budget cycle to take more ofannaintenance approach to the roads. Council Member Ziegler also raised the issue of deterioration and maintenance of streets. She wants to be sure that the money set aside for thi'Fproject is not moved to another fund. She expressed her desire for money to be put back into the budget for tuition reimbursement and the Silverbell median. Mr. Davidson expressed to Council that now is a good time for Council to bring their requests to staff. He also noted in regard to capital improvement projects, the Silverbell median was included as a placeholder in that process. Council will be presented with the Capital Improvement Program, which includes federal and state, Marana and RTA dollars, and will be asked to approve that. Council Member Post asked how hard it would be to go back to the Silverbell Road district and put it in for maintenance. Mr. Davidson responded that the homeowners' association has been in conversation with him and staff about this issue. The homeowners' association is not opposed to partnering with the town to help pay for maintenance. That could be part of Regular Council Meeting - February 7, 2012 - Paap "rXf8J, 2012 Council Meeting Minutes 4 the Council's budget adoption — that if the town makes the initial investment to clean up Silverbell, the homeowners' association could pick up the future maintenance. Further discussion ensued regarding the State Land Preserve lease. According to Mr. Cassidy, it's a commercial lease that provides the town can't do anything with the property. It is very restrictive. Mr. Montague responded to another question about construction sales tax, noting that an independent auditor reviews the development services data and the construction tax is subject to random audits. Mr. Davidson concluded the presentation noting that the overview of the budget for the next fiscal year will be rolled out to staff beginning Wednesday, January 25 at the MOC. Vice Mayor Comerford asked if Council could get progress rep, ditm,throughout the process so they can better understand how staff arrived at their final calculations and decisions. Mr. Davidson responded that each iteration of the iadget from the various departments can be given to Council. Executive Session pursuant to A.R.S. §38- 431.03A)(3), Council mayask, ,for discussion or consultation for legal advice with the Town Attorney concerning any wafter listed on this agenda. ADJOURNMENT. Motion to adjourn at 7:36 p.m. 6 vuncil Member Post, second by Council Member McGorray. Passed unanimously CERTIFICATION I hereby certify that the foregoing are the tt ue and eOrreet minutes of the Marana Town Council meeting held on J#qtary 24, 2012. "tither cert that a quorum was present. Jocelyn C. Bronpp, Townrk Y Regular Council Meeting - February 7, 2012 - PJd &tffXf;J, 2012 Council Meeting Minutes 5 / 011L MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 7, 2012,7:00:00 PM . ........ . . . .............................. . ..... . .... . ............. ...... . . . ... ........ . ........................................................... To: Mayor and Council Item B I From: Jocelyn Bronson , Town Clerk Strategic Plan Focus Area: Community Building Subject: Presentation: Relating to Boards, Commissions and Committees; update from the Subcommittee for Commission and Board appointments Discussion: Resolution No. 2011 -110, adopted December 13, 2011, provided for establishing a Council subcommittee to review Planning Commission and Board of Adjustment applications. Resolution No. 2012-01, adopted January 3, 2012, appointed Council Members Carol McGorray, Roxanne Ziegler and Dave Bowen to the subcommittee. The subcommittee held a meeting on January 19, 2012 to review the current recruitment and review processes for Planning Commission and Board of Adjustment applications. At the January 19th meeting, Council Member McGorray was selected as the chairperson for the subcommittee. She will present the full Council with an update of the subcommittee findings at tonight's meeting. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Presentation only. Commission Recommendation - if applicable: Not applicable. Suggested Motion: Not applicable. Regular Council Meeting - February 7, 2012 - Page 73 of 87 ARAN =/ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 7, 2012, 7:00:00 PM To: Mayor and Council Item D 1 From: Gilbert Davidson , Town Manager Strategic Plan Focus Area: Not Applicable Subject: Relating; t o Legislation and Government Acti ons: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental 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: ❑ 2012_Legislative_Bulletin #_1pdf 2012 Legislative Bulletin # 1 Backup Material O 2012 _Legislative_Builetin_ #_2,pdf 2012 Legislative Bulletin # 2 Backup Material D 2012_ Legislative_ Bulletin _# 3.pdf 2012 Legislative Bulletin # 3 Backup Material 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 - February 7, 2012 - Page 74 of 87 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 4 League of Anzona CitieS TOW I Iti ins Legislative Bulletin — ISSUE 1 - JANUARY 12, 2012 Legislative Overview On Monday, January 9, the second regular session of Arizona's Fiftieth Legislature convened amid celebration of the state's centennial year. Both chambers performed various perfunctory, ceremonial and housekeeping duties, including the election of leadership. As expected, Senator Steve Pierce (R- LD 1) was elected President of the Senate and Representative Andy Tobin (R- LD 1) was elected Speaker of the House. Also on Monday, Governor Jan Brewer delivered her annual State of the State address to a joint gathering of the House and Senate. Her speech touted accomplishments of her administration and punctuated the historic importance of Arizona's 100th birthday. With respect to policy proposals for the coming year, the Governors agenda includes: personnel reform for state agencies; repurchase of the Capitol complex (which was previously sold and leased back by the State); and termination of the temporary one -cent sales tax on schedule in 2013. In policy pronouncements following her address, the Governor's office has signaled that it is evaluating a variety of tax reform measures to promote economic growth. A vacancy in the Senate was created when Kyrsten Sinema (D- LD 15) resigned to run for Congress. That vacancy was quickly filled when, on January 11, the Maricopa County Board of Supervisors appointed David Lujan to fill the District 15 seat for the remainder of the term. Lujan, a native of Phoenix, served in the House from 2005 -2010. He ran unsuccessfully for Attorney General in 2010. Municipal Water Assessment The League is pleased to support the effort of Senator Gail Griffin to repeal the $7 million assessment imposed on cities and towns by the Arizona Department of Water Resources. The assessment (to which the League agreed last year as a one-year measure to help alleviate the state budget crisis) represents an inequitable burden on residents of cities and towns. In response to the senator's specific request, we are asking all cities and towns to contact their legislators to: 1) urge them to sign on to the Griffin bill as a cosponsor, and 2) affirmatively support the measure as it moves through the legislative process. Because the Legislature is in session and bill introduction deadlines are approaching, time is of the essence. Please send copies of your correspondence to both the League (jogsbury@azleague.org) and to Senator Griffin (ggriffin@azleg.gov) so that we can demonstrate the unified support of Arizona's municipalities. Regular Council Meeting - February 7, 2012 - Page 75 of 87 http : / /www.leagueaz.org/bulletin/12 /120112 /index.cfm ?a =print 1/13/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 4 Bill Introductions As of 4:00 p.m. on Thursday, 605 bills had been introduced in the House and Senate. Well more than twenty percent of these are in the nature of "technical corrections" measures. These are often vehicles for striker amendments - a method by which new legislative initiatives can be considered after formal bill introduction deadlines have passed. Included among the bills introduced to date are several that have direct impacts on cities and towns. Examples: HB 2021 (municipalities; residential rental property) Municipalities that use the Department of Revenue to collect sales tax for residential rental property are prohibited from requiring property owners to have a municipal license or fingerprint clearance card. HB 2043 (election dates; even - numbered years) Municipal elections can no longer be held in March or May and must be held in even - numbered years. HB 2123 (transaction privilege tax reform committee) Establishes an 11- member Transaction Privilege Tax Reform Committee to study and make recommendations regarding the phasing out of the individual and corporate income tax and the broadening of the TPT base. HB 2169 (building permits; self- certification process) Municipalities are required to give permit applicants the option of obtaining the subject permit through a municipally directed permitting process or through self - certification. SB 1044 (cities; towns; residential rental license) Municipalities cannot impose business license requirements on residential rental property managers. SB 1064 (municipalities; local liberty charter) Establishes a model local liberty charter and authorizes unincorporated areas and municipalities to adopt the charter through municipal legislation or local initiative. SB 1065 (leash law exemption; liability insurance) Municipal ordinances that regulate or prohibit a dog from running at large do not apply if the dogs owner provides proof of canine liability insurance. Military Land Exchanges Most legislative chairmen chose not to convene their committees during the first week of the session. An exception to the rule was Senator John Nelson, whose Committee on Natural Resources and Transportation met on January 9 to consider a pair of companion bills, SB 1001 (military preservation; land exchanges) and SCR 1001 (military preservation; land exchanges). Together, these bills provide expanded authority for the exchange of state trust lands for other public lands to preserve or protect military installations. (SCR 1001 is a ballot referral measure to amend the state constitution - a requisite to effect the provisions of SB 1001.) To promote the interests of our military cities, the League supports the bills, both of which are sponsored by Chairman Nelson. The bills passed out of committee unanimously but were held by the majority caucus committee. Monday Teleconferences This year the League will be offering a weekly teleconference to report on the status and impact of various legislative bills in the 2012 session. The calls are scheduled for Monday mornings promptly at 10:00 a.m. (except the first one will be next Tuesday at 10:00 a.m. due to the Martin Luther King, Jr. holiday). Mayors, managers and other city or town staff who are interested in legislative activities are invited to participate. Call -in numbers and a brief Regular Council Meeting - February 7, 2012 - Page 76 of 87 http : / /www.leagueaz.org/bulletin/12 /120112 /index.cfm ?a =print 1/13/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 4 agenda will be sent out prior to the calls. Legislative Intern The League is pleased to welcome Ashleen Piercy as its new legislative intern for the 2012 session. Ashleen is a junior at the Barrett Honors College at Arizona State University, studying Political Science and English. A resident of Mesa, Ashleen will be assisting legislative staff with bill tracking, as well as with preparation of the weekly Committee Agendas and the Daily Update. Legislator Profile - Senator Nancy Barto Legendary baseball manager Leo Durocher is credited with coining the phrase, " nice III III guys finish last." Leo Durocher never met Senator Nancy Barto. Granted, Senator Barto is most decidedly not a guy, but she is exceedingly nice, and she has never lost an election. Personable, soft - spoken and warm, Senator Barto represents Legislative District 7, comprised of Carefree and Cave Creek, as well as parts of Phoenix and Scottsdale. Although she serves as a freshman in the Senate, she is no stranger to the legislative process, having served in the House from 2006 to 2010. A native of the Chicago area, Senator Barto moved to Arizona as a child when her father was transferred to Phoenix with Motorola. Finding the structured corporate environment of the electronics industry giant not exactly his cup of tea, the salesman, inventor and future business owner moved on to other entrepreneurial adventures to satisfy his visionary bent. She remembers how interested and involved both of her parents were in the process and content of her public education at Kachina Elementary School and Arcadia High School. Her father was especially concerned about the insidious infiltration of a liberal political agenda in scholastic curricula. He also worried over the appearance of revisionist history in textbooks. Accordingly, he established an evaluative system for the review of school library books, to ensure that the shelves weren't stocked with propaganda to undermine American values. At the time, Senator Barto was embarrassed by her parents' visibility and activism. "Other parents didn't do this," she observes. Over time, however, she came to admire and appreciate their involvement and point of view. She was fortunate that they cared enough to take a stand and make a difference. Doubtless, she also appreciates the genes they passed on to her. Her father is now ninety -four years old and still driving; his younger child bride is eighty - eight. Following her graduation from Arcadia, Senator Barto attended Arizona State University, where the musically gifted young woman studied vocal performance. After college, she was ready to settle into the full -time career that was to prove even more rewarding than it was challenging: motherhood. Her partner in this enterprise was Joe, her husband of thirty -three years. Coincidentally, he is from greater Chicago too, and his father also relocated the family to Arizona compliments of Motorola. As a Scottsdale High Beaver, Joe is a product of the same public school system as his wife. In high school Senator Barto met Joe, who works in the semi- conductor industry, at the Lutheran church both their families attended. Senator Barto positively radiates when she talks about her three daughters. 'They are awesome girls," she enthuses. Regular Council Meeting - February 7, 2012 - Page 77 of 87 http : / /www.leagueaz.org/bulletin/12 /120112 /index.cfm ?a =print 1/13/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 4 One daughter, for example, has worked with girls who have been victimized by prostitution and bondage. "They have real hearts to serve others." They are artistic and service - oriented, and they possess strong values. In other words, they are very much like their mother. "They learned very early on that the world does not revolve around them. They are outward - focused. And they're not afraid to stand up for what's right. They have a strong sense of justice." As Senator Barto speaks these words, her pride in her progeny is almost palpable. As the last of her adult daughters left the nest, Senator Barto felt that she was losing a job. She knew, however, that there was no percentage in mourning the passage of this phase of life. Instead, she rolled up her sleeves, decided to reinvent herself as an educator, and returned to school to get a degree in elementary education. She also ramped up her political activity as the chairman of the Republican organization in Legislative District 7, and she worked tirelessly to build up the party. Senator Barto's plans to teach children were upended when the fates threw her a hanging curveball in 2006. Representative David Burnell Smith vacated his District 7 House seat as a consequence of an investigation into alleged Clean Elections violations. Senator Barto was encouraged to apply for appointment to the vacant House seat. As one who regularly works behind the scenes, Senator Barto had never aspired to public office. "But I'm not one to stand still when I am called," she says. Senator Barto received the House appointment and then went on to win election to the House seat in her own right in November of 2006 and again in 2008. In 2010, she was elected to the Senate with a crushing 67% of the vote. The senator's short time in the upper chamber has been marked by excitement and accomplishment. In particular, she found herself in the national media spotlight as the sponsor and spokesperson for the Health Care Freedom Act, legislation to prevent citizens from being compelled to join a government -run healthcare system. For a period of time during the first regular session of the Fiftieth Arizona Legislature, Senator Barto was hot media property, giving television and radio interviews for major national and regional outlets. Referring to her time on the national stage, she muses, "I probably would have been scared to death if I had ever taken the time to think about what was happening." Curious and open- minded, Senator Barto readily listens to all points of view and maintains an open door policy for her constituent municipalities. She generally agrees that legislators should give local control a chance to work before imposing mandates on cities and towns. Senator Barto is an island of grace and charm situated in a sea sometimes turbid with nasty and hateful politics. She maintains her poise and composure largely because she doesn't take political kerfuffles personally or herself too seriously. Senator Barto is nothing if not civil, and, recognizing that success in legislating is all about relationships, she tries to get along with everybody. "It just doesn't hurt if you're nice;" she remarks. Addison "Mort" Walker, the American comic artist, once took exception to Leo Durocher's observation about nice guys. According to Walker, "It's not true that nice guys finish last. Nice guys are winners before the game even starts." By this or nearly any other measure, Senator Nancy Barto is a winner of the first order. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 7, 2012 Page 78 of 87 http : / /www.leagueaz.org/bulletin/12 /120112 /index.cfm ?a =print 1/13/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 5 League of Anzona Cl o tIUDAND OW110 Legislative Bulletin — ISSUE 2 - JANUARY 20, 2012 Legislative Overview Today is the twelfth day of the second regular session of Arizona's 50th Legislature. Committee activity was light during the session's second week, as legislators continued to focus on drafting and filing new bills. A 7-bill introduction limit' was imposed in the House of Representatives at 5:00 p.m. on Thursday, January 12. Up until that time, representatives were free to introduce an unlimited number of bills, memorials and resolutions. After that time, and until 5:00 p.m. on Monday February 2, House members may introduce only seven new measures. The deadline for senators to open bill folders (a prerequisite to the introduction of new legislation) was Monday, January 17 at 5:00 p.m. Neither the House nor Senate deadlines prevent the introduction of new initiatives later in the legislative process through the use of "striker' amendments. Arizona Budget Governor Brewer presented her budget proposal for fiscal year 2013 on Friday, January 13. The budget blueprint proposes total spending of $8.96 billion in fiscal year 2013 and $8.92 billion in fiscal year 2014. Accounting for projected revenues, the Governor's budget estimates "carry forward balances' of $392 million in fiscal year 2012, $588 million in fiscal year 2013 and $330 million in fiscal year 2014. By carrying surplus revenues into succeeding years, the Governor hopes to soften the fiscal impact when the temporary one -cent sales tax expires in 2013. The budget proposes no negative impacts on municipalities with respect to Urban Revenue Sharing or state - collected sales tax revenues. It does, however, perpetuate last year's budget scheme with respect to 1) diversions from the Highway Users Revenue Fund to fund the Department of Public Safety and the Motor Vehicle Division, and 2) imposition of an assessment on cities and towns to fund operations of the Department of Water Resources (ADWR). Specifically, the budget proposes a $39 million diversion of HURF monies away from cities and towns and anticipates an ADWR assessment on municipalities of $6.5 million. Bill Introductions As of 5:00 p.m. on Thursday, January 19, a total of 934 bills, memorials and resolutions had been introduced in the House and Senate. Among those that would have direct impacts on the operation and authority of cities and towns are: HB 2123 (transaction privilege tax reform committee) Establishes an 11- member Transaction Privilege Tax (TPT) Regular Council Meeting - February 7, 2012 - Page 79 of 87 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 5 Reform Committee to study, among other things, the broadening of the TPT base in a manner that has a revenue - neutral fiscal impact. HB 2264 (retirement; ASRS; employee; employer contributions; rate) ASRS member contributions are reduced to 50 percent of the total contributions, from 53 percent. ASRS employer contributions are increased to 50 percent, from 47 percent. HB 2295 (cities; entertainment districts) Municipalities may designate "entertainment districts' inside the boundaries of which certain state liquor laws are relaxed. HB 2320 (consolidated election dates; municipalities) Municipal elections can no longer be held in March or May. HB 2361 (consumer fireworks; regulation) Municipalities are authorized to regulate the sale and use of permissible consumer fireworks. HB 2466 (local sales tax; payments; DOR) New requirements are established for the remittance of local sales taxes to the Department of Revenue. HB 2530 (incarceration costs; municipal court warrants) Municipalities must pay the costs of incarceration in a county jail for a person arrested on a warrant issued by the municipal court. HB 2570 (political subdivisions; proceedings; governing bodies) Municipalities cannot enact any ordinance or other form of legislation unless it has passed three public readings in council on three separate days and been made available to the public for at least fourteen days. HB 2571 (public employees; unlawful acts; termination) Municipalities are required to immediately terminate from their employment any unelected public employee who has admitted or been found by a court to have unlawfully caused substantial harm to any person on three or more occasions in the course of performing official duties. Department of Water Resources Funding The League of Arizona Cities and Towns is working closely with Senator Gail Griffin on proposed legislation to repeal that section of permanent law providing for the imposition of an assessment on cities and towns to help fund the Arizona Department of Water Resources. The bill anticipates that the municipal contribution to ADWR would be replaced by a general fund appropriation. The League, with the enthusiastic assistance of its membership, has helped Senator Griffin identify a number of legislative co- sponsors for her bill. We anticipate that when the bill is formally introduced (likely during the week of January 23), it will contain the names of at least thirty senators and representatives - or a third of the Legislature's total membership. Representative Russ Jones has introduced competing legislation in the form of HB 2493 (department of water resources; funding). This bill would delay repeal of the ADWR municipal assessment until June 30, 2014 and, in the meantime, establish a joint legislative committee to recommend alternative sources of funding for the department. Liberty Charter On Wednesday, January 18, the Senate Committee on Government Reform considered SB 1064 (municipalities; local liberty charter). The bill, authored by the Goldwater Institute, purports to authorize municipalities and Regular Council Meeting - February 7, 2012 - Page 80 of 87 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 5 "unincorporated areas of a county" to adopt the provisions of a "Liberty Charter," the detailed provisions of which are included in the bill. The model charter imposes restrictive limitations on municipal authority with respect to procurement, eminent domain, personnel management, impact fees, land use regulation and a host of other powers. The League testified in opposition to the bill on the basis of its procedural infirmities. Nevertheless, the measure passed committee by a vote of 4 -1. The bill's sponsor, Senator Lori Klein, has organized a meeting of stakeholders (in which the League will participate) to further consider the legislation on Monday, January 23. Legislator Profile - Representative Matt Heinz Is there a doctor in the House? Fortunately for the denizens of Arizona's Legislature, there is: Dr. Matt Heinz, a representative of legislative district 29 in southern Arizona. If you question the advantages of a hands -on medical presence in the Legislature, then ask Senator Robert Meza or Representative Brenda Barton how they feel about serving alongside the good doctor. They may share a perspective that transcends policy and politics and speaks more to life and death. In 2010, Dr. Heinz observed then - Representative Meza limping off the floor of the House. When Heinz inquired about Meza's leg, the latter dismissed the condition as a mere tennis injury that would heal with time. Heinz assessed the red, puffy, swollen limb and suggested that it could be something serious. He suspected a blood clot and insisted that Meza hasten to his physician for a complete diagnosis. Meza complied, Heinz's suspicion was confirmed, and the clot was treated before it became life - threatening. In 2011, freshman representative Brenda Barton was experiencing abdominal pains and asked her assistant to call for "the doctor." Heinz rushed to her side and beheld the symptoms of a ruptured appendix. Because Barton was unable to drive, Heinz immediately transported her to the emergency room at St. Joseph's Hospital. Within three hours of her arrival, she was in the operating room undergoing an emergency appendectomy. Both incidents reflect an intersection of Heinzs chosen professions: medicine and legislative service. He is especially gratified when he can use the skills and knowledge of one discipline in service of the other. And when he uses his medical knowledge to treat colleagues, he is blind to gender, race or party. "If a political opponent requires chest compressions, I will be on the scene in a heartbeat. If you walk away from someone requiring care, they can die," observes Rep. Heinz, who takes his Hippocratic Oath very seriously. Just as he applies his medical skills in the House of Representatives, Heinz seeks to use his public policy acumen to effect changes in the availability, affordability and delivery of health care services. Among his policy priorities are: the restoration of hospice services for AHCCCS patients; strengthening of the healthcare safety net; and the provision of greater access to robust screening procedures for underserved populations. Because of his healthcare expertise, Heinz speaks with unusual authority about the practical effects of proposed legislation. During legislative debates, he draws upon his salient experience as a practicing physician to articulate the budgetary and operational aspects of healthcare initiatives - of his own and of others. Dr. Heinz has also used his legislative credentials to help individuals with critical medical issues. In one notable case, an Arizona woman afflicted with breast cancer contacted all ninety legislators seeking assistance. Because she had received disability payments, she became ineligible for AHCCCS and had no other way to pay for the expensive care and treatments required to address her illness. She was at the end of her rope. Regular Council Meeting - February 7, 2012 - Page 81 of 87 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 5 Even though the woman resided in another legislative district, Rep. Heinz personally responded to her plea for help and ultimately became her advocate and the functional equivalent of a case manager. He spoke of her plight to caregivers and decision- makers throughout the healthcare bureaucracy. He even contacted the Administrator of the Centers for Medicare and Medicaid Services in Washington, D.C. on her behalf. He brought resources to bear from the Komen Foundation and secured a donation of medical technology from Genentech. Because of the doctor/ representative's efforts, the patient underwent a life - saving double mastectomy. In addition to the enduring gratitude of the woman's family, Heinz received the psychic reward of knowing that he used the advantages of his position to make a tangible, positive difference in someone's life. Rep. Heinz was born and raised in Midland, Michigan, the headquarters of Dow Chemical. It was a quiet, conservative, educated community with a substantial professional population - the type of place where you know your neighbors and don't think about locking your doors when you go out for awhile. His mother (a first - generation American of Lebanese ancestry) and his father (distantly related to the dynasts of Heinz Ketchup) provided young Matthew with a stable home environment and four doting sisters. He enjoyed an upbringing, he says, that prepared him well for life. Upon his graduation from H.H. Dow High School, the brilliant future doctor took his academic talents to Albion College, where he graduated summa cum laude and was awarded membership to the Phi Beta Kappa Society, the oldest and most prestigious academic honors society in the United States. He then entered medical school at Wayne State University School of Medicine in Detroit. When it was time to embark upon a residency in internal medicine, Heinz secured 10 -12 interviews across -the country. His trip to Tucson to interview at University Medical Center had an inauspicious beginning, as his flight was late, he arrived after a sleepless night, and he had trouble locating the facility. Despite these challenges and an abbreviated stay of only thirteen hours, he found himself quite attracted to the Old Pueblo. "The staff members at UMC were down -to- earth, incredibly personable and nice," he recalls. "Moreover, I was there on December 30. It was 68 degrees and sunny, and I was sweating in my suit." Having endured decades of Michigan winters, he felt this was a place he could love. Later, as the senior resident at the Veterans Administration hospital in Tucson, Heinz gloried in the splendor of his surroundings. 'Tucson's VA hospital is one of the best in the country, and it's certainly the most beautiful," Heinz opines. He would frequently summon the hospital's residents to walk along the colonnaded corridors of the former sanitarium and proceed to the roof to relax and watch sensational sunsets together. "I knew that if they would take fifteen minutes away from the chaos to just chill out in this magical spot, then they'd have a much better night." Representative Heinz is a man of inhuman energy. Driven by an urgency to accomplish more, to touch more lives, to do more good, he is in constant motion. Sitting still is, for him, a significant challenge. After three years of practicing medicine in Arizona, Heinz decided to channel some of his excess energy into the development of public policy - as if the life of an emergency room physician weren't challenging and taxing enough. In 2006, at the age of twenty -nine, he ran for the Arizona House of Representatives as a relative unknown. He lost. "I learned from that experience that I don't like losing. I decided it was not something I would do anymore," says Heinz. The following year, then - Representative Linda Lopez decided to vacate her House seat to run for the Senate. Heinz entered the 2008 legislative race full throttle. He ran his own campaign, personally visiting 4,500 homes. For about ten months, he walked neighborhoods before and after his hospital shift and for up to ten hours on his days off. He found that the electorate was more interested in the walking doctor's assessment of its medical problems than in his policy positions. In the end, that worked to his advantage. "People don't forget you when you diagnose their gout," he remarks with a laugh. He emerged from the crowded seven -way Democratic primary as the top vote - getter Regular Council Meeting - February 7, 2012 - Page 82 of 87 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 5 by far. As a representative, Heinz has focused his efforts on achieving results rather than scoring political points. He is universally regarded as one of the most effective members of the minority party with respect to accomplishing legislative objectives. "I don't scream and hit the table and play political 'bang- em -up, "' he advises. 'That won't help me get things done." Rep. Heinz, who received a Friend of Cities and Towns award last summer, is proud of his defense of municipal prerogatives. He notes that he has, "voted for cities and towns right down the line," and continues: "I reject the hostility that the Legislature has directed towards local government. It's misguided. Taking authority and resources away from those who serve people most directly is counter - productive, terribly damaging and wrong- headed." Heinz is especially attuned to the unique nature of Tucson and other communities outside the immediate gravitational pull of Phoenix. He understands that the diversity of Arizona's cities and towns is inconsistent with a one - size- fits -all approach to municipal governance. Heinz does not know what his political future holds, although he is clearly interested in maintaining the happy marriage of healthcare and policy that has become his professional life. It is somewhat reassuring that, wherever he lands, there will continue to be a doctor in the House. Or the Senate. Or the Congress. Or .... ? Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azteague.org. Regular Council Meeting- February 7, 2012 - Page 83 of 87 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 4 League of.. Anzona UILUCZ) AND'10wnto'; Legislative Bulletin — ISSUE 3 - January 26, 2012 Legislative Overview Today is the 18th day of the second regular session of Arizona's Centennial Legislature. Although there was a marked uptick in committee activity this week, legislators' focus continued to be on the introduction of new bills. As of 1:00 p.m. today, 1187 bills, memorials and resolutions had been introduced in the Legislature. Monday, January 23, was the deadline for House members to open a bill folder, a procedural prerequisite for introducing new legislation. Next Monday, January 30, is the bill introduction deadline in the Senate. On Monday, January 23, Representative Judy Burges was unanimously selected by the Maricopa County Board of Supervisors to fill the Arizona Senate seat of legislative district 4, which became open when Senator Scott Bundgaard resigned from office. As a consequence of her appointment, Burges necessarily vacated her chairmanship of the House Committee on Government. The previous vice - chair, Representative Michelle Ugenti, was elevated to chair, and Representative Steve Montenegro was appointed to take Ugenti's place as vice chair. In the meantime, Senator Burges was assigned to the Senate Committees on Government Reform, Judiciary and Water, and Land Use and Rural Development. ADWR Assessment On Wednesday, January 25, Senator Gail Griffin introduced SB 1288 (municipal water fees; repeal; appropriation), legislation to repeal the law providing for the imposition of an assessment on municipalities to fund operations of the Arizona Department of Water Resources. The League has invested substantial time and effort to secure legislative support for the bill and is proud to report that 45 representatives and senators (fully one -half of the Legislature) signed on to the measure as original co- sponsors. The League thanks Senator Griffin for her work on this issue and acknowledges the extraordinary efforts of cities and towns across the state in building legislative support for the initiative. We will notify cities and towns when the bill is scheduled for a hearing in the Senate. Transaction Privilege Tax Reform On Monday, January 23, the House Committee on Ways and Means unanimously passed HB 2123 (transaction privilege tax [TPT] reform committee). The bill establishes a 12- member committee to study various issues related to the future of sales taxes in Arizona. The bill requires the committee to report its findings and recommendations by October 31, 2012. Separately, Governor Brewer has announced plans to appoint by Executive Order a TPT Simplification Task Force. The task force would have a charge similar to that of the committee contemplated by HB 2123. The League is Regular Council Meeting - February 7, 2012 - Page 84 of 87 http : //www.leagueaz.org/bulletin/12 /120126 /index.cfm ?a =print 1/27/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 4 cooperating with the Office of the Governor on its task force initiative. Furthermore, the League offered testimony on HB 2123, expressing support for the measure's general concept but expressing concerns about language in the bill that could suggest a predisposition to eliminate state income taxes. Leash Laws On Wednesday, January 25, the Senate Committee on Government Reform took testimony on SB 1065 (leash law exemption; liability insurance). As introduced, the bill provides that municipal and county ordinances and homeowners' association policies regulating or prohibiting a dog from running at large do not apply if the dog's owner provides proof of canine liability insurance of at least $100,000 for injury to any person or damage to any property caused by the dog. The sponsor of the bill, Senator Lori Klein, introduced a "striker" amendment in committee that: 1) eliminated the bill's application to cities and towns, and 2) reduced the insurance threshold to $50,000. Following a vigorous discussion among committee members, the bill was held. Pension Reform Earlier this week, the House Committee on Employment and Regulatory Affairs considered HB 2264 (ASRS; employee; employer contributions; rate). The bill, sponsored by committee chairman Rep. Bob Robson (R- Chandler), provides for a 50/50 split between employers and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure effectively repeals that portion of last year's SB 1614 that moved ASRS to a 47/53 split between employers and employees, respectively. HB 2264 passed out of committee unanimously and now heads to the House Appropriations Committee for consideration. Permit Self- Certification HB 2168 (building permits; self - certification process) provides that, "on receipt of any completed permit application, a municipality shall give the applicant the option of obtaining the issuance of the requested permit through a municipally directed permitting process or through self - certification." The bill proceeds to outline onerous standards for the establishment of the mandated self - certification program. HB 2168 was scheduled for consideration by the House Committee on Government on Tuesday, January 24. The sponsor of the bill, Representative Jeff Dial, agreed to have the bill held for one week to permit the League to develop alternative language that would, at a minimum, provide for a limited self - certification pilot program. The League is presently working with Representative Dial and municipal stakeholders on the development of such an alternative. 9 -1 -1 Funding On Thursday, January 26, the House Committee on Technology and Infrastructure passed HB 2094 (prepaid wireless E911 excise tax). The bill, sponsored by Rep. Bob Robson (R- Chandler) levies a tax of .8% on the retail sale of prepaid cell phone services. Arizona currently levies a tax of 20 cents on monthly wired and wireless services. Collected revenue is to be used for assisting political subdivisions with the maintenance, operation and capital costs associated with the 9 -1 -1 system. The League would like to thank the sponsor for championing this legislation, which will improve Arizona's aging 9 -1 -1 system. The measure passed out of committee unanimously and now heads to the House Committee on Employment and Regulatory Affairs. Government Deposits On Wednesday, January 25, the Senate Committee on Banking and Insurance considered SB 1135 (government deposits). The League registered its support of the bill, which passed the committee on a unanimous vote. Regular Council Meeting - February 7, 2012 - Page 85 of 87 http : / /www.leagueaz.orgibulletin/12 /120126 /index.cfm ?a =print 1/27/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 4 The bill authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for a depositor's funds to be swept from a transaction or checking account into savings accounts (interest - bearing money market accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than the Federal Deposit Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest are eligible for FDIC insurance. Legislator Profile - Representative J.D. Mesnard The University of California at Santa Barbara publishes an academic journal entitled, U Music Et Politics. Articles appearing in the magazine have included, "The Question of Multiculturalism in the Arts in the Postcolonial Nation -State of Trinidad and Tobago," and, "Authenticity as a Political Act: Straub- Hui [let's Chronicle of Anna Magdalena Bach and the Post -War Bach Revival." Students of Arizona politics might submit that a more interesting and accessible article for the journal would be, "Music and Politics: the Story of Arizona Representative J.D. Mesnard." Representative Mesnard, a freshman legislator from legislative district 21, is a gifted musician who likes the piano but loves the orchestra. He embraces the challenge of synthesizing, weaving and fusing disparate sounds into a beautiful and coherent compositional whole. If he can bring his symphonic talents to bear in the Arizona House to harmonize the chamber's discordant and often atonal political voices, the accomplishment might represent a real masterpiece. Genuine and considerate, Mesnard is idealistic yet thoughtful, a lawmaker who accomplishes more by dint of diplomacy, reason and tact than through browbeating and brute force. His is a sensitive soul, tempered by the musical influences that have touched his life since an early age. Mesnard, the son of a fighter pilot, was born at MacDill Air Force Base in Tampa and subsequently spent his earliest years residing overseas. He also lived for awhile in Alamogordo, New Mexico and Colorado Springs, Colorado before settling in Arizona over twenty years ago. As a child, he brought little to Arizona other than a fear of scorpions, a minor phobia that has never completely abated. After graduating from Corona del Sol High School in south Tempe, Mesnard entered Arizona State University to study music, his first passion. "When I was small, we had a piano in the house, and I could tink out tunes by ear," he recollects. "I didn't start lessons until I was 10, and I quit a dozen times, but ultimately I stuck with it." While he pursued a bachelor's degree in musical composition, Mesnard harbored an ambition to write musical scores for movies. "That was regarded as a pretty lowbrow occupation by serious musical academicians," Mesnard laughs. Regardless of what -his professors may have thought of Mesnard's aspiration, they could not gainsay his talent and ability. He graduated summa cum laude. In his last year at ASU, Mesnard "stumbled into" politics. Without concrete post - graduate plans, he applied for an internship at the Arizona Legislature. He was accepted into the program and assigned to the Senate Committee on Education. Then - senator Ken Bennett was the committee's chairman and current Representative Kimberly Yee was his direct superior. Though their relationships have changed, he remains firmly connected to his legislative mentors: "I now vote alongside Kim and submit my nomination petitions to Ken," he observes. As an intern, Mesnard fell in love with the legislative process and was, "bitten by the political bug." At the conclusion of his internship, he applied for a permanent job and was hired to serve as a member of the Republican Regular Council Meeting - February 7, 2012 - Page 86 of 87 http : / /www.leagueaz.orgibulletin/12 /120126 /index.cfm ?a = print 1/27/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 4 Senate staff. He continued to work for the Legislature for eight years, earning master's degrees in business administration and public administration along the way. With a legislative skill set developed and honed over eight years as a Senate staffer, Mesnard decided to run for the House in 2010. Hitting the campaign trail, he found that he wasn't crazy about knocking on doors and interrupting the lives of his future constituents. Still, he clicked with the voters, who doubtless appreciated his self - effacing manner and lack of pretension. "People came to the door and asked me what I was selling," he recalls. "I would respond that it was much worse than that: I'm not a salesman but a politician running for office!" Elected to represent district 21, which includes the communities of Chandler, Mesa, Queen Creek and Gilbert, Mesnard had virtually no learning curve and was prepared to hit the ground running. Comparing his experience as a staffer to that as a member, he notes, "It's the same environment, the same meetings, the same issues. People do now seem to care a little more that I'm in the room." He also observes that the formality associated with elective office, "takes a little getting used to." Having studied legislators through the prism of a staffer for many years, he recognizes how important it is for representatives to stay grounded and to remain closely connected to their constituents. Mesnard subscribes to the proposition that, as a general matter, elected officials at the city level should maintain authority to govern with respect to matters of local concern. He acknowledges that the Legislature has demonstrated some hostility to cities and towns in recent years, but he hopes that he can serve as a positive agent of change to help build better relations between local governments and the state. When he is not legislating, composing or continuing his education, Mesnard is busy teaching political science at Mesa Community College. The easygoing and unconventional professor operates his classroom as though it were a legislative committee. The students address each other as "senator" and the professor as "Mr. Chairman." Although his students learn a great deal about government, Mesnard hopes to impart life lessons that transcend political institutions. "Nothing is more gratifying to me," says Mesnard, "than when I see the lights turn on in a student's mind, and I know that I've contributed in a meaningful way to that person's education. Mesnard relates so well to his students, in fact, that he successfully impersonates them at the beginning of the school year. "During the first day of class," he confesses, "I like to sit in the classroom among the students. They think that I'm a student too, and I'm able to find out what they really think." The youthful professor admits, "I can probably get away with that for only another year or two." Mesnard's immediate political plan is to continue representing his district 21 constituents to the best of his ability. Given the depth of his experience and the promise of his relative youth, however, he is well positioned to remain a force in Arizona policymaking for years to come. In any event, with his highly trained ear and harmonic abilities, it is manifest that he will continue to make beautiful compositions - whether by the instrumentality of symphonic score or via legislative initiative. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azteague.org. Regular Council Meeting - February 7, 2012 - Page 87 of 87 http : / /www.leagueaz.org/bulletin/12 /120126 /index.cfm ?a =print 1/27/2012