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Home My WebLink About09/04/2012 Council Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 4, 2012, at or after 7:00 PM Ed Honea, Mayar Patti Comerford, Vice Mayor ,��„� David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member �c.� Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on September 4, 2012, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. 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 courtesv to others, please turn off or put in silent mode all pagers and cell hp ones• Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, 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. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodarion, Regular Council Meeting - September 4, 2012 - Page 1 of 43 such as a sign language interpreter, by contacting the Town Clerk at (5�0) 382-1999. Requests should be made as early as possible to anange the accommodation. 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 Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, September 03, 2012, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL I TO ORDER AND ROLL CALL OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE AL OF AGENDA ��Q � C M CALL I TO THE PUBLIC A this time any member of the public is allowed to address the Town Council on any issue within the ju isdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The sp aker may have up to three minutes to speak. Any persons wishing to address the Council must co plete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to tlt� 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 projectar/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, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. l�ew�c� n,�,�� . �� PROCLAMATIONS MAYOR AND COUNCIL ;�E�' O�RTS: SUMMARY OF CURRENT VENT CM -c�,�Z V�i,UC. �.o� r C,� fl�i{ �wt�.l�,.' El�4 - oP G�Izi� E�'�� 4 ' � MANAGER'S Ul�l : SUM RY OF C�URREN�ENTS •" C�'d �- . C�� • �- - �'J-� - � -- U-Pg � 2LS�,6--,.L PRESEN ATIONS � CONSENT AGENDA - \ � � V The Consent Agenda contains tems requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Gouncil member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and Procedures; revising Chapter 4- Employment Benefits by adding new Policy 4-13 Regular Council Meeting - September 4, 2012 - Page 2 of 43 "Supplemental Benefits Plan for Public Safety Employees" (Suzanne Machain) C 2: Resolution No. 2012-071: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. to support the operation of the Marana Visitor Center and the provision of services to the Marana community (T VanHook) C 3: Resolution No. 2012-072: Relating to the Police Department; approving and authorizing the Town Manager to execute a subgrantee agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program (T VanHook) C 4: Approval of August 21, 2012 Special and Regular Meeting Minutes (Jocelyn Bronson) LIQUOR LICENSES BOARDS, COMMI5SIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating 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 Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council mayask far 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 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT � � ' L � � ; 0 � C'� �(�Yh U Regular Council Meeting - September 4, 2012 - Page 3 of 43 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 4, 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 Pursuant to A.R.S. § 38.431 A2, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on September 4, 2012, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COLTNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell hp ones• Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk 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. Spealcing at Meetings Tf you are interested in speaking to the Council during the Call to the Public or Public Hearings, 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. Accessibili To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - September 4, 2012 - Page 1 of 43 such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. A eg ndas 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 Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, September 03, 2012, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operarions Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. 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, and 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 and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and Procedures; revising Chapter 4- Employment Benefits by adding new Policy 4-13 Regular Council Meeting - September 4, 2012 - Page 2 of 43 "Supplemental Benefits Plan farPublic Safety Employees" {Suzanne Machain) C 2: Resolution No. 2012-071: Relating to Economic Development; approving and authorizing the Mayor to execute a fiznding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. to support the operation of the Marana Visitor Center and the provision of services to the Marana community (T VanHook) C 3: Resolution No. 2012-072: Relating to the Police Department; approving and authorizing the Town Manager to execute a subgrantee agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program (T VanHook) C 4: Approval of August 21, 2012 Special and Regular Meeting Minutes (Jocelyn Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSIONJPOSSIBLE ACTION D l: Relarin tg o Leg,islation 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 Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E l: 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 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or mare Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Regular Council Meeting - September 4, 2072 - Page 3 of 43 MARANA TOWN COUNCIL REGiJLAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 4, 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 Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on September 4, 2012, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COLJNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell �hones. Meeting Times VVelcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/ar places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, 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 vvay, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - September 4, 2012 - Page 1 of 43 such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. 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 Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 38�- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, September 03, 2012, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. 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, and 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 EVENT5 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 and aff'umative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and Procedures; revising Chapter 4- Employment Benefits by adding new Policy 4-13 Regular Council Meeting - September 4, 2012 - Page 2 of 43 "Supplemental Benefits Plan for Public Safety Employees" (Suzanne Machain) C 2: Resolution No. 2012-071: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. to support the operation of the Marana Visitor Center and the provision of services to the Marana community (T VanHook) C 3: Resolution No. 2012-072: Relating to the Police Department; approving and authorizing the Town Manager to execute a subgrantee agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program (T VanHook) C 4: Approval of August 21, 2012 Special and Regular Meeting Minutes (Jocelyn Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin t� o 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 Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. 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 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Regular Council Meeting - September 4, 2012 - Page 3 of 43 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 4, 2012, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and Procedures; revising Chapter 4- Employment Benefits by adding new Policy 4-13 "Supplemental Benefits Plan for Public Safety Employees" Discussion: Staff recommends an amendment to Personnel Policy Chapter 4- Employtnent Benefits to comply with recent legislation passed this year. House Bill 2643 was passed requiring all cities and towns to offer a new Supplemental Benefits Plan to public safety employees who are receiving workers' compensation lost wage benefits. The supplemental benefits required by statute are in addition to workers' compensation benefits and other supplemental benefits plans that the Town currently has in place. Currently, when an employee is eligible for lost wage benefits, workers' compensation covers 66 2/3% of an employee's base wages. The new law requires that employers supplement lost wages for the remaining 33 1/3% so that an employee receives 100% of their regular base pay, without being required to use paid leave balances. Pursuant to the new law, the town must provide this supplemental compensation ta the eligible employee for up to six months. To be eligible for the bene�ts under the plan, the employee must meet all of the following criteria: 1. Be a public safety employee (defined by the law as a member of Public Safety Personnel Retirement System (PSPRS) ar the Corrections Officer Retirement Plan (CORP)) 2. Be employed full time 3. Be injured in the line of official duty 4. Be physically unable to perform the functions of the position 5. Be receiving workers' compensation lost wage benefits In addition to the supplemental compensation, the town must also pay both the employer and employee contributions to the injured employee's retirement system (PSPRS or CORP). The legislation went into effect on August 2, 2012, and is currently set for repeal on September 30, 2014. Pursuant to Ordinance No. 99.12 and Resolution No. 99-38, under which the town's personnel policies were adopted in May 1999, no action may be taken on any amendment to the personnel policies at the meeting at which the amendments are initially proposed. Tonight's consideration of the proposed policy amendment constitutes the first reading of the amendment; the amendment will be brought back to the Council for approval at Council's direction. Regular Council Meeting - September 4, 2042 - Page 4 of 43 Financial Impact: The cost of the 33 1/3% of an eligible employee's salary, if any, has already included within the Town's adopted fiscal year 2012-2013 budget. The cost of paying the eligible employee's share of retirement contributions will be absorbed within departmental budgets, as applicable. ATTACHMENTS: Name: I� 00031423.DOC Description: Policy 4-13 - Supplemental Benefits Plan Type: Backup Material Staff Recommendation: Staff recommends that the proposed policy amendments be brought back for consideration and adoption by the Council at the next regular Council meeting. Suggested Motion: I move to direct staff to return with the proposed amendments to Chapter 4(Employment Benefits) of the Town's Personnel Policies and Procedures as presented for final consideration and adoption at the next regular Council meeting. Regutar Council Meeting - September 4, 2012 - Page 5 of 43 CHAPTER 4 EMPLOYMENT BENEFITS POLICY 4-13 SUPPLEMENTAL BENEFTTS PLAN FOR PUBLIC SAFETY EMPLOYEES Pursuant to A.R.S. §38-961, the Town of Marana is required to provide a supplemental benefits plan for eligible public safety employees who are injured on the job and unable to perform the functions of their position. The provisions of this policy are not intended to conflict with or supersede state law, nor should they be interpreted or construed to do so. If any provision o ;;policy conflicts with state law, state law shall control. 5 �� Section 4-13-1 Definitions For purposes of this policy, "public safety is a member of the Public Safety Person� Officer Retirement Plan (CORP). Section 4-13-2 Eligibility A. To be eligible for the su following criteria: shall be` �� ' ed as an individual who nt System ) or the Corrections �.., y,� employee must meet all of the 1. Be a public 2. Be injur � 'le on to A.R.S. �� 21 � and 4- d by � by the . The e the at the time of injury. ��r worke ompensation benefits pursuant these Personnel Policies and Procedures, as �ensation carrier. return ;_ � r or the Town in any capacity, including �. nts or h duty, as determined by the Town and as ' physician or an independent medical exam (IME) iir �� or through its workers' compensation insurance 's ina�iility to work in a capacity assigned by the Town, work light duty assignments, must be supported by umentation in order for the employee to remain eligible for s plan. 4. Be receiving compensation benefits for lost wages pursuant to A.R.S. §23-1041 and Policy 4-12 of these Personnel Policies and Procedures. B. To maintain eligibility for the supplemental benefits plan, the employee must comply with all risk rnanagement requirements of the Town, including evaluation for light duty/alternative work assignment options and rehabilitation programs, and 00031423.DOC / 3 � 1 � �S/21/12 Regular Council Meeting - September 4, 2012 - Page 6 of 43 CHAPTER 4 EMPLOYMENT BENEFITS coordination of benefits. Failure to comply with the Town's risk management requirements and decisions shall result in the termination of the employee's participation in the supplemental benefits plan. Section 4-13-3 Supplemental Compensation A. Employees eligible for the supplemental benefits plan shall receive supplemental compensation from the Town in an amount that, whe�.��ded to the benefits being paid by the workers' compensation fund to the emplo :� ��s any deductions, results in the �:, employee receiving approximately the identica e employee was receiving prior �° to the injury. �� :� � �. c33_. �- `'\... /-;:- B. The Town shall pay the supplemental_ �ensation for 'od of up to six months �� A from the date the employee receives ayment of workers �ensation benefits for lost wages pursuant to A.R.S. § 23-1 ovided that the emp� continues #o meet � � all eligibility criteria. „ �� a Section 4-13-4 Application A. To apply for the supplemental to the Human Re� rces De� Department. �� ,�, � - ;; �,,f , ,;� , B. All requests be recei''�'� days of the em e s r R ,� A.R.S. C. an emp � must submit a written request s pro ��d by the Human Resources by the �, �'``~ Resourc�°�Department within 14 calendar rt of his er first lost wage replacement benefit paid ,;,.�.n emp �,� e's failure to submit a request within the . pa��h s_ be construed as a waiver of any rights Reso ` Dep�ent shall review the employee's request and shall mploye��th a��ten deterrnination of benefits eligibility within 14 of receip � the employee's request. D. If an emplo � � is d participation in the plan for any reason other than a determination ,� 's workers' compensation carrier that the employee is not eligible for worker ��mpensation benefits, he or she has a right to request review of the denial by filing a written request for review with the Human Resources Department within ten working days from receipt of the denial letter. The employee's request for review must state the reason for the request and facts that the employee wishes to have considered. T'he Human Resources Departrnent shall forward the request for review to the Town Manager. 00031423.DOC / 3 2 8/21/12 Regular Council Meeting - September 4, 2012 - Page 7 of 43 CHAPTER 4 EMPLOYMENT BENEFITS E. The Town Manager shall render a written opinion affirming or denying the employee s eligibility withixi five working days of receipt of the employee's request for review. The Town Manager's decision is final and not appealable within any Town process. F. If an employee is denied participation in the plan due to a determination by the Towri s workers' compensation carrier that the employee is not eligible for workers' compensation benefits, the employee may appeal that �lecision through the procedures established by the workers' compensation carrier an� �� law. Section 4-13-5 Maintenance of Benefits A. The Town shall maintain group health supplemental benefits plan on the sa Thus, the Town shall continue to ,�. premium and the employee shall con '` 1. The employee shall cc benefits through pay compensation from the 2. If the employee:a� not � or her sha� s� � �� , : � Human �°�!�irces '" of the pre�. If pa written notic��the e �lroppet� s , ` r ��:�� be � �iealth plaxfi� ��'�uun��' yy�� `��r the emplo"" sha� w` date the un �' a - =a Pi C n . law shall � to pay �i��ef�efits fo loyees participating in the ' s as if the e�` ;s �oyee continued to work. share of any gr � ealth plan insurance pay his or her shar `� y. �,:; ,:; � �� share of any �;, p health plan �s ' employee is receiving sufficient his or h:, „ are of the premium. from the Town to cover his is m � e that F" ll be Town en��all �ke arrangements with the '�` ts t�`s� �� Payments for his or her share an 30 days �verdue, the Town shall provide ent has not been received and that coverage ' ed to the employee at least 15 days before vn ' ys any of the employee's share of group ��equire the employee to reimburse the Town is dropped, it shall be dropped retroactively to �nt was due and the provisions of the federal B. While the i�oyee is `�'cipating in the supplemental benefits plan, the Town shall pay both the � oy d employee contributions to PSPRS or CORP, as applicable, based on the e� ,,; - pre-injury salary, unless the employee is no longer actively contributing to PST'�� or CORP. In such a case, the Town shall continue to pay the employer contribution to the employee's retirement system and the employee shall continue to pay the employee contribution. C. An employee participating in the supplemental benefits plan is responsible for paying for any elective health care plan deductions, health related optional deductions, optional life insurance deductions or any other optional, employee-elected benefits. 00031423.DOC / 3 3 8/21/12 Regular Council Meeting - September 4, 2012 - Page 8 of 43 CHAPTER 4 EMPLOYMENT BENEFITS Section 4-13-6 Paid Leave Balances A. An employee shall not accrue any additional sick, vacation, personal or compensatory leave while the employee is participating in the supplemental benefits plan. B. An employee's sick, vacation, personal and compensatory leave balances shall not be decreased while the employee is participating in the supplemental benefits plan. C. If the employee used accrued leave benefits for lost wages prior to being the employee's leave balances in the a� lost that is retroactively paid through correct the overpayment to the empl� reducing the employee s hours paid l�� balances to � ; workers' compensaiion approve � plan, the Town shall reimburse m � and type of leave for the time ��eme��efits plan. T'he Town will W; ,,� the next re"'" pay cycle or cycles by Tc pa ao �lary or benefi� changes while an benefits will be adjusted 00031423.DOC / 3 4 8/21/12 Regutar Council Meeting - September 4, 2012 - Page 9 of 43 Section 4-13-7 Miscellaneous '�� : .<. m _ ... 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 4, 2012, 7:00 PM To: Mayor and Council From: T VanHook, Community Development Director Strategic Plan Focus Area: Commerce Item C2 Strategic Plan Focus Area - Additional Information: The "Commerce" focus area of the Marana Strategic Plan identifies °Continue to support and increase interaction with Marana Chamber of Commerce programs" as an action strategy. Subject: Resolution No. 2012-071: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. to support the operation of the Marana Visitor Center and the provision of services to the Marana community Discussion: The Marana Chamber of Commerce was established in 1987 with a vision to "Build Business and Community Relationships." The Chamber's mission is for sta.ff and members to work collaboratively with all industries and levels of government to build a balance between economic growth and quality of life in our community. Under the proposed agreement, the Town will provide $30,000 in funding for the Chamber operation of the Marana Visitor Center, as well funding of other activities undertaken by the Chamber pursuant to the agreement. Under the agreement, the Chamber will: 1. Operate the Marana Visitor Center during established business hours of 8:30 AM — 4:30 PM, Monday through Friday, observing regular holidays, and will comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Information Centers. 2. Provide a link to visitor information on its website. 3. Provide opportunities, as requested, for representatives of the Town to address the Marana community. These opportunities may be as part of another event organized by the Chamber, including Chamber networking breakfasts, monthly lunches, legislative and economic development briefings, or other similar events. 4. Produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. The Town may request from the Chamber a maximum of 2,500 maps and 10,000 directories for its own distribution. 5. Organize and execute the "State of the Town" event to provide Town officials the opportunity to address the community on current affairs. Regular Council Meeting - September 4, 2012 - Page 10 of 43 6. Collaborate with the Town on questions and methodology used to conduct surveys of the Marana community regarding the local business climate. 7. Participate in any tourism development initiatives organized and implemented by the Town. The Chamber will monitor and report quarterly on progress in each of these categories. The term of the ageement is one year, expiring on June 30, 2013. Financial Impact: Funding for the Chamber has been included in the 2012-2013 budget. ATTACHMENTS: Name: Description: � Chambers Reso 2012- MOU Chambers Resotution 071.DOC L� Chamber MOU 0&2012.odf Chamber MOU 2012-2013 Staff Recommendation: Staff recommends approval of the proposed funding agreement. Commission Recommendation - if applicable: NA Suggested Motion: Type: Resolution Exhibit I move to adopt Resolution No. 2012-071, approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. to support operation of the Marana Visitor Center and provision of services to the Marana community. Regular Council Meeting - September 4, 2012 - Page 11 of 43 MARANA RESOLUTION NO. 2012-071 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING TI-�E MAYOR TO EXECUTE A FUNDING AGREEMENT BETWEEN THE TOWN OF MARANA AND TI-� MARANA CHAMBER OF COMMERCE, INC. TO SUPPORT OPERATION OF 'THE MARANA VISITOR CENTER AND PROVISION OF SERVICES TO TI� MARANA COMMi1NITY WHEREAS the Marana Strategic Plan's "Commerce" focus area includes an initiative to al- locate and maximize Town resources to engage in the recruitment, retention and expansion of busi- ness and industry, with an action strategy to continue to support and increase interaction with Marana Chamber of Commerce programs; and WHEREAS the Marana Chamber of Commerce operates the Marana Visitor Center and pro- vides other services to the Town and the community; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLL�WS: SECTION 1. The funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc., attached to and incorporated by this reference in this resolution as E�ibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staffare hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the funding agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4�' day of September, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2012-071 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 09/0 412 0 1 2 Regular Council Meeting - September 4, 2012 - Page 12 of 43 FUNDING AGREEMENT MARANA CHAMBER OF COMMERCE, INC. THIS FUNDING AGREEMENT ("Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ("Town") and the MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c)(6) nonprofit corpora.tion ("Chamber"). The Town and Chamber are sometimes referred to collectiveIy as the "Parties," either of which is sometimes individually referred to as a"Party." RECITALS A. Town has established a need for economic development activities to ensure a sustainable community. B. Commerce is identified as one of the five focus areas of the Marana Strategic Plan, adopted by the Town Council in February 2009 and in the Marana Strategic Pian II, adopted in March 2012. C. Chamber operates a Visitor Center and pravides other services for the commu- nity that provide information about Town's attractions and business services benefitting the Town and its residents. D. Town has determined that the general welfare of the citizens of Marana will be substantialiy advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. E. The Parties acknowledge that tracking Town payments and Chamber outputs and outcomes resulting from Town funding is prudent practice to assure that public funds are appropriately used and that the public receives the anticipated benefits of the funding AGREEMENT NOW, THEREFORE based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: Section 1. Fundin�. Town hereby commits $30,000 of funding from Town's Fiscal Year 20 t 2-2013 budget to Chamber to assist in funding Chamber's activities un- der this Agreement. Section 2. Out uts. Between July 1, 2012 and June 30, 2013, Chamber hereby agrees to provide the following outputs with Town general assistance funding provided under this agreement: 2.1. Chamber will operate the Marana Visitor Center during established busi- ness hours of 8:30 AM — 4:3U PM, Monday through Friday, observing regular hoIidays, and will camply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Infortnation Centers. 2.2. Chamber will provide a link to visitor information on its website. {00031460.DOC / 2jChamber contract fY 12-13.DOC - 1- Regular Council Meeting - September 4, 2012 - Page 13 of 43 2.3. Chamber will provide opportunities, as requested, for representa:tives of Town to address the Marana community. These opportunities may be as part of another event organized by Chamber, including Chamber networking hreakfasts, monthly lunche$, legislative and economic development briefings, or other similar events. 2.4. Charnber will produce and distrihute a map of Marana streets and incor- porated boundaries and a membership directory. Town may request from Cham- ber a maximum of 2,500 maps and 10,000 directories for its own distribution. 2.5. Chamber will organize and execute the "State of the Town" event to pro- vide Tawn officials the opportunity to address the community on current affairs. 2.6. Chamber wiIl callaborate with Town on questions and methodology used to conduct surveys af the Marana community regarding the local business climate. 2.7. Chamber will participate in any tourism development initiatives orga- nized and implemented by Town. Section 3. Payments. Town shall pay Chamber in three installments of $10,000 each, once per quarter, except the fourth quarter of Town's fiscal year, upan receipt of a completed Payment Request Form in substantially fhe form attached as Exhibit A. Section 4. Re�g. Within 15 days after the end of each calendar quarter for which Chamber receives funding under this Agreement or before receiving its next quarterly payment, whichever occurs first, Chamber shall complete and submit to Town a written quarterly report in substantially the form attached as Exhibit B, demonstrating Chamber's progress toward the outputs listed in Section 22 of this Agreement. Town may additionally request a written or oral report from Chamber at any time demonstrat- ing Chamber's progress in complying with each of the outputs listed in Section 22 of this Agreement. Section 5. Required Insurance. Before receiving any payment under this Agreement, Chamber shall deliver to Town one or more certificates of insurance with carriers acceptabte to Town evidencing the following coverages for at teast the term of this Agreement: 5.1. $1,000,000 per occurrence general liability coverage with Town listed as additional insured. 5.2. $1,000,000 per occurrence automobile liability coverage with Town listed as additional insured (if the Chamber has vehicles). S.3. $1,000,000 per occurrence directors and officers coverage with Town listed as additional insured. 5.4. State of Arizona minimum workers' compensation coverage (if Chamber has paid staffj. Section 6. Corporate Documents. Before receiving initial payment under this Agreement, Chamber shall ensure that copies of the following Charnber documentation, including any and all amendments are on file with Town: {00031460.DQC /2}Chamber contract FY 12-13.qOC - 2 - Regular Council Meeting - September 4, 2012 - Page 14 of 43 6.1. Articles of incorpora.tion. 6.2. Current bylaws. 6.3. List of current members of Chamber's Board of Directors. 6.4. Current fiscal year's budget approved by Chamber's Board of Directors. 6.5. Internal Revenue Service designation letter. Section 7. Amendments to Insurance and Documentation True and accurate copies of any aznendments during the term of this Ageement to coverages or terms of insurance required by Section 5 above or to Chamber's corporate documentation listed in Section 6 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amend- ments that reduce the insurance coverages below the minimums set forth in Section 5 above or that in the Town's reasonable opinion materially affect the Chamber's ability to deliver the outputs set forth in Section 2 above constitute default for which Town may withhold payment until Chamber restores the minimum insurance coverages or re- stores Chamber's ability to deliver the outputs. Section 8. Default and Dispute Resolution. If either Party defaults {the "Default- ing Party") with respect ta any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in Section 10 below to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have 20 days from the date of the notice within which to cure the default. If any default is not cured within 20 days, then the Non-Defaulting Party sha11 be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 9.1 and 9.2 be- low. 8.1. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve among themselves, the Parties agree that there shall be a 21-day moratorium on arbitration during which time the Parties agree ta attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shali be held under the commerciai mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Chamber and Town. If the Parties cannot agree upon the se- lection of a mediator within seven days, then within three days thereafter Tawn shall (on its behalf and on behalf of Chamber} request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an in- dependent mediator. The cost of inediation sha11 be divided equally hetween the mediating Parties. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium period. 8.2. Arbitration. If inediation (paragraph 9.1 above) fails to result in resolution of the dispute, the dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by all Par- ties to binding arbitration in accordance with the rules of the American Arbitra- tion Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et (00031460.DOC / 2}Chamber contract FY 12-13.DOC - 3- Regular Council Meeting - September 4, 2012 - Page 15 of 43 seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Section 9. Indemnity and Hold Harmless. Chamber shall indemnify and hold harmless Town, its officers, employees, and a�ents from and against any and all claims relating to Chamber's activities, including but not limited to those funded in whole or in part by this Agreement. Section 10. Manner of Servin�. All notices, filings, consents, approvals and ath- er communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such oth- er addresses as any Party may from time to time designate in writing and deliver in a like manner): To Town: TOWN OF MARANA Director of Community Development and Neighborhood Services 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Maxana, Arizona 85653 To Chamber: MARANA CHAMBER OF COMMERCE, INC. President and CEO 13881 North Casa Grande Highway Marana, Arizona 85653 Section 11. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by Town or Chamber of the breach of any term of this Agreement sha11 be construed as a waiver of any preceding or succeed- ing breach of the same or any other term of this Agreernent. Section 12. Attorne, '� s Fees. If any Party brings a lawsuit against any other Par- ty to enforce any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shaIl constitute a waiver, requiring disputes to be resolved by binding arbitration. Section 13. Headin�s. The descriptive headings of this Agreement are inserted to assist in understanding the meaning and construction of this Agreement. Section 14. Recitals. The Recita.ls set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. {00031460.DqC/2}Chambercontract FY 12-13.DOC - 4 - Regular Council Meeting - September 4, 2012 - Page 16 of 43 Section 15. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. ment. Section 16. Time Essence. Time is of the essence for purposes of this Agree- Section 17. No Assi�nment. Chamber's obligations under this Agreement may not be assigned without the written consent of the Town Manager or designee. Section 18. No Partnership and Third Parties. It is not intended by this Agree- ment to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Town and Chamber. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. Section 19. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasanably requested or appropriate to evidence or �ive effect to the provisions of this Agreement. Section 20. Imposition of Dutv b�. This Agreement does noi relieve any Party of any obligation or responsibility imposed upon it by law. Section 21. Entire A�reement. This Agreernent constitutes the entire agreernent between the Parties pertaining to the subject matter of this Agreement. AlI prior and cantemparaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. Section 22. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written arnendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendmenis to this Agreement that are reasonably necessary to accomplish the goals expressed by this Agreement. Section 23. Good Standin�; AuthoritX. Chamber represents and warrants to Town that it is duly formed and validly existing under the laws of the State of Arizona. Town represents and warrants to Chamber that it is an Arizona municipal corparation with authority to enter into this Agreement under applicable state laws. Each Party rep- resents and warrants that the individual executing this Agreement on its behalf is au- thorized and empowered to bind the Party on whose I�ehalf each such individual is sign- ing. Section 24. Severabilitv. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreernent, which shall otherwise remain in full force and effect. Section 25. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. {00031460.DOC /2}Chamber contract FY 12-13.DOC - 5 - Regular Council Meeting - September 4, 2012 - Page 17 of 43 Section 26. Interpretation. This Agreement has been negotiated by Town and Chamber, and no Party sha11 be deemed to have drafted this Agreement for purposes of construing any portion of this Agreemen# for or against any Party. Section 27. Force Majeure. If any Party is unable to perform under this Agree- ment by reason of "force majeure," then the failure to perform shall not constitute a de- fault under this Agreement as long as the non-performing Party uses its best effort to remedy with all reasonable speed the event or condition causing the non-performance and performance can be restored within a reasonable amount of time. "Force majeure" means any condition or event not reasonably within the control of a Party, including without limita.tion, "acts of God," strikes, lock-outs, or other disturbances of employ- er/employee relations; acts of public enemies; orders or restraints af any kind of gov- ernment of the United States or any state thereof or any of their departments, agencies, or afficials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Section 28. Conflict of Interest. This Agreement is subject to A.R.S. § 38-51 l, which provides for cancellation of contracts by government entities in certain instances involving conflicts of interest. Section 29. Immi�ration Laws. Chamber warrants that it, and any subcontractor who performs any work for Chamber under this Agreement, will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section {A.R.S. §) 23-214 (A). Chamber acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this war- ranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that Town reta.ins the legal right to inspect the pa- pers of any employee who works on the Agreement to ensure compliance with this war- ranty. Section 30. Scrutinized Business Operations. Chamber certifies that it does not have, nor will it for the duration of this Agreement have, scrutinized business opera- tions in Sudan or Iran as defined in A.R.S. § 35-391 and A.R.S. § 35-393, respectively. Section 31. Effective Date; Term. This Agreement is effective on the date of the last Party's signature belaw and shall automatically terminate and shall thereafter be void for all purposes on July l, 2013, unless sooner terminated by the mutual consent of the Parties. [SIGNATURE PAGE FOLLOWS] {00031460.DOC /2)Chamber contraci PY 12-13.DOC - 6 - Regular Council Meeting - September 4, 2012 - Page 18 of 43 It� �t'rt��ss wx��t�t�� th� P'�rties ��v� �xecu��d �z� a��me�it �s a� the c��:�� s�t: �`�rth ��v� ��ir respecti�� i�ra�t�tr�s. I'c�wn: i �� k ��. �, � iYA�:��t � t�;;ri�c�n� xzaut�i�i��t et�rpa�fiic��. . . � � • . � ��• A.r��s�< 1c.�1yn �x �3r+��t�� T�� l� At�zt��t� �� 't� �t��t�� r�k C,ass�dy, "I'c�s� �� _ t�. I��nt l�:equ�s�: �'�rrn �. f��ter�y �pt�rt `��mx {o�r��r�rz��►�,�«�,c,��r rx-��,� Ch�b�:: 1FlE��.d�t� k.+!"9.1�.�� E.r��4�i��g ��. ��t Ariz�r�a S�}� �c�� aa�=p�s�t �ir�r�tic�n : Ic�; ��te; c _7- Regular Council Meeting - September 4, 2012 - Page 19 of 43 .' � ;��:�� ' ` , " � � MARANA �.-�-��-� �. . ��..,�,��; �� TOWN OF MARQNA EXHIBIT A- PAYMENT REQUEST EORM (FY 2012-2013) AgencylContractor: Marana Chamber of Commerce Inc. Projecfi Name: Visitor's Center Operations Prepared by: Authorized by: Name: Authorized Signer Period Reimbursement Requested For: Payment Number: Line Item Line Item Description Title: Dafe: Expenditures This Period: + � - Adjustments (Program Income/Other}: $ Net Request This Period: $ Approved Expenditures Expenditures Budget (A� This Period (B) Prior Periods (C) Balance (D) 1. Services Support $ 30,000.00 $ -0- $ -0- $ 30,000.00 2. 3. 4. 5. TOTAL �m�5, fora� roW� of M�� ,�,«dE $ $ $ $ NOTE: For each line item, the figures in Columns (8j, (C), and (D) must tofal the figure in Column (A�. MANAGERS APPROVAL: FINANCE APPROVAL: QUARTERLY REPORT RECEIVED: ❑ YES DATE: CHECK NUMBER: DATE: All requests for budget changes are required to be submitfed in writing and approved by Community Services Department. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failvre to submft timefy quarterly performance measures reports may delay the processing of paymeM requests. Regular Council Meeting - September 4, 2012 - Page 20 of 43 ;:. ca , � a� O m ... _ � � U ,� � 0 _ ... .� > +'�.r d 'o L n. m � � ,p M = t 0 i R� . 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O�w.'A� Regular Council Meeting - September 4, 2012 - Page 21 of 43 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, September 4, 2012, 7:00 PM To: Mayor and Council Item C 3 From: T VanHook, Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012-072: Relating to the Police Deparirnent; approving and authorizing the Town Manager to execute a subgrantee agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program Discussion: Operation Stonegarden is a federally funded program originating with the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the sta.te's individual goals and objectives. Marana has been awarded $2,800 for the purchase of four (4) GPS units to assist officers working Stonegarden Deployments in remote desert areas within the Town who are separated from their vehicles for observation, investigation, or in pursuit of human and drug smuggling activities. 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 Office 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 nual transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities: Area one: Sandario Road from Emigh to Avra Valley. Area two: SilverbelUTwin Peaks Corridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. To support this initiative, Marana deploys up to six uniformed officers, a canine officer, and a supervisor with supporting staff from dispatch. These deployments will consist of eight hour shifts conducted in coordination with partnering agencies. Deployment dates will coincide with Operation COBIJA, Regular Council Meeting - September 4, 2012 - Page 22 of 43 Operation Knight Hunter, "surge" dates identified by HIDTA, United States Border Patrol, ICE, and internaUexternal intelligence information and trends. If contact andlor interaction is 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. All activities are 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: The Town has been awarded $2,800 for the purchase of four (4) GPS units to assist officers working Stonegarden deployments in remote desert areas within the Town who are separated from their vehicles for observation, investigation, or in pursuit of human and drug smuggling acriviries. 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: t� Stoneaarden Reso 2012-072.doc Description: Resolution No 2012-072 Type: Resolution i� Operation Stoneaarden Sub Grantee Aqreement 777424 Operation Stonegarden Sub-Grantee Agreement 0 3•� 777424-03 Staff Recommendation: Exhibit Staff recommends approval of the Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program. Suggested Motion: I move to adopt Resolution No. 2012-072, approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program. Regular Council Meeting - September 4, 2012 - Page 23 of 43 MARANA RESOLUTION NO. 2012-072 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECENING FUNDS UNDER THE 2010 OPERATION STONEGARDEN GRANT PROGRAM. WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Departrnent of Homeland Security has awarded grant funding for the provision of overtime pay, mileage reimbursement, and specialty equipment for services provided in coordination with the Operation Stonegarden Program; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a Subgrantee Agreement with the Arizona Deparhnent of Homeland Security to be eligible to receive funds related to the Operation Stonegarden Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Subgrantee Agreement 10-AZDOHS-OPSG-777424-03 between the Arizona Department of Homeland Security and the Town of Marana, attached to and incorporated by this ref- erence in this resolution as Exhibit A, is hereby approved and the Town Manager is hereby author- ized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Subgrantee Agreement. Marana Resolution No. 2012-072 -1- Regular Council Meeting - September 4, 2012 - Page 24 of 43 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4�' day of September, 2012. Mayor Ed Honea AT'TEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-0?2 -2- Regular Council Meeting - September 4, 2012 - Page 25 of 43 SUBGRANTEE AGREEMENT (Equipment) 10-AZDOHS-OPSG-777424-03 Between The Arizona Department of Homeland Security � � And Marana Police Department WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibi(ity of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Marana Potice Department (subrecipient) for services under the terms of this Grant Agreement. L PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures far the subrecipient's role in administering homeland security grant funds. 1L TERM OF AGREEMENT. TERMINATION AND AMENDMENTS This Agreement shall become effective on August 9, 2012 and shall terminate on November 30, 2012. The obligations of the subrecipient as described herein will survive termination of this agreement. Ill. DESCRIPTION OF SERVlCES The subrecipient shail provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant applicatian/Operations Order; "Operation Stoneaarden — Epuipment" and funded at $2,800 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a) Provide up to $2,800 to the subrecipient for services provided under Paragraph IIL b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis anly 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 documentafion can be found at www.azdohs.gov. Payments will be contingent upon receipt of al! reporting requirements of the subrecipient under this Agreement. V. FISCAL RESPONSBILITY It is understood and agreed that the tota! amount of the funds used under this Agreement shall be used only for the project as described in the application. Any modification ta quantity ar scape of work must be preapproved in writing by AZDOHS. Therefore, should the project not be completed, the subrecipient shail reimburse said funds directly to the AZDOHS immediateiy. If the project is completed at a lower cost than the original budget 10-AZDOHS-0PSG- 777424-03 Any un��g��is ��nqll g@q�Pt.iry�f this award. Version 03132012 Page 1 cailed for, the amount reimbursed to the subrecipient shal! be for only the amaunt 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 Federa! govemment, the subrecipient shail reimburse said funds directly to the AZDOHS immediately. VI. �lNANCIAL AUDITIPROGRAMATIC MC}NITORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and § 35-215. a} tn adc#ition, in compliance with the Federal Single Audit Act (31 U.S.C. par_ 75Q1� 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 accocdance with OMB Circular #A-133 ("Audits of States, Local Govemments, and Non-profit Organizations") if the subrecipient expends more than $540,000 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 monitared periodicaily by the AZDOHS staff, both programmatically and financialiy, to ensure that the project goals, objectives, performance requirements, timeiines, milesfone completion, budgets, and other related program criteria are being met. Monitoring wil! be accomplished through a combination of o�ce-based reviews and onsite monitoring visits. Monitoring can involve aspects of the work involved under this cantract 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. Vil. APPUCABLE FEDERAL REGULATlONS The subrecipient must comply with the grant guidance Office of Management and Budget (OMB) Circulars Code of Federat Regula#ions (CFR) and other Federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department af Homeland Security at http://www.access.gpa.qov/nara/cfr/waisidx 07/44cfrv1 07.htm1. b) 2 CFR 225 Cost Principles for State, Loca! & Indian Tribal Govemments (former(y OMB}, at h�:/Iwww.access.qpo.qov/naralcfr/waisidx 07/2cfr225 07.htm1. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; FederaE Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits af States, Local Governments, and Non-Profit Organizations, at http://www.whitehouse. ov/omb/circulars/a1331a133.htm1. c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Gavernments (formerly OMB Circular A-102), at http://149.168.212.151mitiqatian/Librarv/44 CFR-Part 13.�,df. U.S. Department of Fiomeland Security Authorized Equipment List (AEL}, at https://www.rkb.mipt.orq/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicab(e to grants and cooperative agreements, incfuding Part 11, Applicabitity of Office of Management and Budget Circulators; Part 18, Administrative 10-AZDOHS-OPSG- 777424-03 Any un�{��is ��I �iry��f this award. Version 03132012 Page 2 Review Procedure; Part 20, Criminal Justice tnformation 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, Flaodplain Management and Wetland Protectian 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 prcrnr�sions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Toot (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The subrecipient shall comply with all applicable Federal, State, and loca( environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Acf, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Flaodplains ('I 1988), Wetlands (11990} and Environmenta! Justice (12898).Subrecipient shall not undertake any project having the potential to impact EHP resources withouf the prior approval of AZDOHS/FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buiidings that are 50 years old or greater. Subrecipient must comply with all conditions placed on the project as the �esult 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 nrior to the full environmental and historic aresenration review. ConsultantsfTrainerslTraining Providers Billings for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of haurs for senrices 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 consultantJtrainerltraining provider may be reimbursed reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travei days for consultants/trainers/training providers. Co ntractors/S u bcontracto rs The subrecipient may enter into written subcontract(s) for pertormance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of �ederal Regulations, DHS Guidance and DHS Program Guide. The subrecipient 10-AZDOHS-QPSG- 777424-03 Any un��is �@�ry�iuiqll �plLi{v�f this award. Version 03132012 Page 3 agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shali 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 resulf in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs A!I grant funds expended for personnel, travel, Ics�ging, 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 O�ce Travel Policies: http:!/www.gao.state.gov.. Procurement The subrecipient shall comply with all interna( 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 Federai 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 shal! not use funds to supplant State or Local funds or other resources that woutd 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 fiiled 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 Sectian A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verifythe employment eligibility of the employee through the E-Verify program}. b) A breach of a warranty regarding compliance with immigration laws and regulations sha(I 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 ta 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. 1 D-AZDOHS-0PSG- 777424-03 Any un��gp��is �@��rvyilt2��QIkiR�grpg��{pof this award. Version 03132012 Page 4 Property Controt Effective control and accountability must be maintained for ali property. The subrecipient must adequately safeguard all such property and must assure that it is used solely fo� authorized purposes as described in the guidance and application. The subrecipient shalt 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 Regula#ions, Part 60 Property Accountability, Sub-part 114S-60.4 Classification of Property). ,� a) Nonexpendable property is praperty which has a con#inuing use, is no# 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 ather equipment or plant. b) At the time when the final request for reimbursemenf 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 ta equipment monitoring and auditing by state or federa( authorized representatives for verification of informatian. 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 instructia�s from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shail 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. Altowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the genera! principtes of aElowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regula#ions, authorized equipment lists and guidance documents referenced abave. 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 expficitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. VIII. DEBARMENT CERTIFiCAT10N The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, lneligibi(ity and Voluntary Exclusion — Lawer Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounfs and cannot mix these funds with other sources. The subrecipient must manage 10-AZDOHS-OPSG- 777424-03 Any ur�g�gR�pheiP�is�M�(It�k Rr�g�a6eei��8of this award. Version 03132012 Page 5 funds according to applicab(e Federal regulations for administrative requirements, costs pnnciples, and audits. The subrecipient must mainfain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management � � Procurement • PersonneE � Property • Travel �` � {E A system is adequate if it is 1} written; 2) consistently fo{lowed — it applies in all similar circumstances; and 3) consistently applied — it applies to ai! sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shail provide quarterly pragrammatic reports to the AZDOHS within fifteen (15} working days of the last day of the quarter in which services are pravided . 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.qov. !f the scape of the project has been fiully compieted and implemented, and #here wilf be no further updates, then the quarterly programmatic report #or the quarter in which the project was comp(eted wilt be sufficient as the final report. The report should be marked as final and should be inc(usive of a(I necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reparts shall be submitted to the AZD�HS until the entire scope of the project is campleted b) Quarterly reports are due: January 15 (period October 1— December 31) April 15 {period January 1— March 31) July 15 (period April 1— June 30) October 15 (period July 1— September 30) c) Financial Reimbursements The subrecipient shall provide as frequently as manthly but not less #han qua�terly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The subrecipient shall submit a finai reimbursement far expenses received and invoiced prior to the end of the termination of this Agreament 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 #ermination will not be paid. The fina! reimbursement request as submitted shall be marked FINAL, and include a capy of the Property Control Form. All reports shalf be submitted to the contact person as described in Paragraph XXX(X, 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. 10-AZDOHS-OPSG- 777424-03 Any urlde�dae�Lboha�g��is�etr4sl2fL�R Ra�axr3ihafid� of this awarcl. Version 03132012 Page 6 Xtl. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whe#her by modification or supplementation, mus# 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; 2j any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titfed as an °Amendment," and 4) be signed by the parties identified in the precedinc� �entence. The subrecipient expressly and explicitly understands and agrees that no other methocf o# communication, including any other document, correspondence, act, or oral communication by or from any person, shail be used or construed as an amendmsnt or modification or supplementation to this Agreement. XIII. OFFSHORE PERFORM,ANCE OF WORK PROHIBITED Due to security and identity protection concems, ail services under this Agreement shall be pe►formed within the borders of the United States. All storage and processing of information shall be performed within the borders of the Unifed States. This provision applies to wark performed by subcontractors at all tiers. XIV. AGREEMENT RENEWAI This Agreement shail not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. RIGHT TO ASSURANCE If #he AZDOHS in gaod 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 wri#ing that the subrecipient give a written assurance of intenf 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 cancef this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behatf of the State or its subdivisions (unit of Locaf 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 Ag�eement. Such canceilation shall be effective when #he parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVII. THIRD PARTY ANTITRUST VIOLATlONS 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 foward fulfillment of this Agreement. XVill. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability o# 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 shatl accrue to the AZDOHS in the event this pravision is exercised, and the 10-AZDOHS-OPSG- 777424-03 Any un�e�Id��bClhe�i�6Qtl�is�ru6i11�@�It tf��id�of this award. Version 03132012 Page 7 AZDOHS shail not be obligated or liable for any future payments or for any damages as a resuit 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, civi) disorder, or other causes without fault and beyond the control of the party obligated, perfarmance of such act will be excused for the period of the delay. � �. XX. PARTlAL INVALlDITY A�y 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, shafl be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXI. ARBITRATION In the event o# any dispute arising under this Agreement, written notice of the dispute must be provided ta the other party withirt thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXIL GOVERNING LAW AND CONTRACT tNTERPRETATION a) This Agreement shall be governed and interprefed 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 #heir 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 nanconforming performance knows of the nature of the performance and fails to object. XXIII. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph X, REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall have the right ta 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 unders#andings of the parties, oral, written, perfaining to the subject matter hereof, are hereby superseded or merged herein. XXIV. RESTRICTIONS �N 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. UCENSING The subrecipient, unless otherwise exempted by law, shali obtain and maintain aU licenses, permits, and authority necessary to perform those acts it is ob(igated to perfarm under this Agreement. 10-AZDOHS-OPSG- 777424-03 Any ur�e�uda¢�bahAiY�r�is�Pol�l'u6tII2��k r.(1��9r�of this award. Version 03132092 Page 8 XXVI. NON-DtSCRIMINATION The subrecipient shail comp(y with all State and Federai equai opportunify 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 sectariart.>�vorship or instruction in violation af the United States or Arizona Constitutions. XXVtIt. SEVERABtLITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any ather term or condition af the Agreement. XXIX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for cammercial benefit concerning this Agreement without the written approval of the AZD�HS. XXX. OWNERSHIP OF INFORMATION PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any pub(ications funded or partially funded through this Agreement. AI( 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, ar 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 shali contain the following statement: "This document was prepared under a grant from U.S. Department of Homeland Security. Points af 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 potentiat to became public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resufting from this Agreement shall be published or o#herwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is alsa agreed that any report or printed matter comp)eted as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. 10-AZDOHS-OPSG- 777424-03 Any urflegu�t6��Oih��is�ttBti�13[�kilR�'�N i�r�ih�9►3 of this award. Ve�sion 03i 32012 Page 9 XXXL CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcernent that is produced or funded in whole or in part by the subrecipient shall incfude 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 tc�.as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which resuit in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of fhe indemni#or, its officers, o�cials, agents, employees, or votunteers. XXXIII. TERMENATION a) AI! parties reserve the right to terminate the Agreement in whole ar 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) 1f the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect ali 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 senrices to replace those under this Agreement. The subrecipient shall be tiable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materia{s or services in substitution for those due from the subrecipient. XXXIV. CONTINUATI�N OF PERFORMANCE THRUUGH 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. XXXVt. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shal( be deemed an o�iginal, and collectively they shall constitute one agreement. XXXVII. AUTHORITY TO EXECUT6 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 10-AZDOMS-OPSG- 777424-03 Any urt�legad�n¢�ab��g�is.�Rm�Rt vYil2f�'�k RA��Gfis� of this award. Version 039 32012 Page 10 a} The subrecipient must comply with the most recent versian of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS resenres a royalty-free, non-exclusive, and irrevocabie 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 shail consult with the AZDOHS regarding the allocation of ��ny 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 fue�ds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information ar data collection requests, including, but not timited to, the provision of any information required for the assessment or evaluatian of any activities within this agreement. e) The subrecipient is prohibited from #ransferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropalitan Medical Response System}. XXXIX. NOTICES Any and all no#ices, requests, demands, or communications by either party to this Agreement, pursuant to ar in connection with this Agreement shal! 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 The subrecipient shall address all programmatic natices relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.yov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.qov The AZDOHS shall address all notices relative to this Agreement to: Enter Tide, First & Last Name above Enter Agency Name above Enter Street Address Enter City, State, ZIP 10-AZDOHS-0PSG- 77742403 Any urf�u�h�l3►gtis-�pl8fV9�f ARiIR�1f��Fi6a of this award. Version 03132012 Page 11 XXXX. IN WITNESS WHEREOF The parties hereto agree �o execute this Agreement. � FOR AND BEHALF OF THE Enter Agency Name above FOR AND BEHALF OF THE Arizona Department of Homeland Security �> Authorized Signature above Pri�t Name 8� Title above Enter Date above Giibert M. Orrantia Director Dafe (Ptease be sure to complete and mail two original documenfs to fhe Arizona Department of Homeland Security.J 14-AZDOHS-OPSG- 777424-03 Any u�8dlAiz�e�Uttt�4��69his�&iiV�t duif��suit i��r3�rf�tib� of this award. Version 03132012 Page 12 MARANA TOWN COUNCIL SPECIAL MEETING MINUTES 11555 W. Civic Center Drive, Marana, A Council Chambers, August 21, 2012, at or Ed Honea, Patti Comerford, Carol McGorray, Cou Jon Post, Council CALL TO ORDER p.m. ra quorum. EXECUTIVE SESSION. - ��. seco�d by ��,��bF d the meeting to order at 6:00 were present, constituting a session by Council Member McGorray, �ecutive sessio��;°�uant f��° ,,�. § 38-431.03(A)(3),(4) and (7), for discussion or c �tation with th� . wn's orneys and to instruct the Town's representatives conc�� (1) the la ,_ it entitled Town of Marana v. Pima County/Pima County v. Marana� solidated� arico a Count Su erior Court No. CV200&001131, Arizona ��y P Y P Court of A�ls Nc�� `1CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima��r�ity Superior Court No. C20116094; and (3) pending legal issues, settlement disc�ssions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana Jane Fairall asked for a motion authorizing the negotiating team to proceed as discussed in executive session. Motion authorizing the negotiating team to proceed as discussed in executive session by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6-0 (Council Member Kai was excused from executive session due to a conflict of interest). Regular Council Meeting - September 4, 2012 - Page 38 of 43 ADJOURNMENT. Motion to adjourn at 6: 57 p. m. by Council Member Bowen, second by �ce Mayor Comerford. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council special meeting held on August 21, 2012. I further certify that a quorum was present. Joce Regular Council Meeting - September 4, 2012 - Page 39 of 43 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, A Council Chambers, August 21, 2012 at or CALL TO ORDER Town Clerk Brons present. PLEDGE OF second by � 11 Ied the meeting to order at 6:58 p.m. was excused. There was a quorum OF SILENCE. Led by Mayor Honea. prove the agenda by Council Member McGorray, unanimously 6-0. CALL TO THE IC. Mi� Hellon, candidate for Board of Supervisors, District 1, � introduced himself. _�ted�iat for a long time he has felt that Marana is one of the best run cities in the state. Davi� ~-� £ rales addressed his concerns about Marana pursuing the north Marana wastewater trea�ent plant. PROCLAMATIONS. Mayor Honea noted that the proclamation would become part of the permanent record. September 2012 National Preparedness Month MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Vice Mayor Comerford attended a police neighborhood watch meeting for managers of high density apartments. She was very impressed with the quality of police programs coming back — August 21, 2012 Council Meeting 1 Ed Honea, Mayor Patti Comerford, Vice 11 David Bowen, Coun�� Herb Kai, Co �� e� Carol McGorray,�Z��i� Jon Post, Council � Roxanne Ziegler, Council� REGULAR roll. Regular Council Meeting - September 4, 2012 - Page 40 of 43 not just to get the job done, but going above and beyond the minimum needed. Mayor Honea reported that he and the mayors of Oro Valley and Sahuarita met with Senator John McCain at Senator McCain's invitation to thank them and their communities for support of the F-35's coming to Tucson. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS P 1: Presentation: Relating to Budget, preliminary results of the Town's General Fund for the 2011-2012 fiscal year. Erik Montague presented t cial update on the preliminary results for the end of the 2011-12 fiscal year eral nd. He emphasized that these numbers are preliminary, unaudited and sub', ange. He focused on the three primary revenue sources. TPT is almost two-t ' s of wn's revenue stream. Next is state shared revenue (about 22 percent) a�.��l Licenses, permits & fees came in at 133 perce, �Ie within contracting sales t� where. Utilitie ��s largf largest category of t�. We came in just o`; ,OOi concerning numbers he had talked about in the strengthen with the exception of retail sales for th �� slightly less than previous years. ��.�taurants and bai over what was budgeted. Hotels an� ��came in "� l is lice rmits and fees. ed some e �raging themes within budge��-�t�il trade is the r budget. Thi��one of the te hat were la�ging. T'hey did :h of December, which were � at about a 13 percent increase t�� which is indicative of a positive trend in the economy. Over�t�l, v� ted abou��7 percent over budget, which is reasonably conservative. Re� van � � �' fund are the HURF (shared gas tax) which came in " ver expecta For al ' enue categories, we're at about ,::.. 105 percent of b,, et, w �neans we �� collectec� five percent more than what we had budgeted. We' "°, y muc��here we ha�ho�ed to be. Expenditure categories are pretty much in line ex tions. Ove��; for the category we're about 95 percent spent. M what i � �� cy, which was not necessarily anticipated to �� : be sn ��geta �: 's we had �ticipated spending about $1.7M. Instead, we're ting addin��k int'� �erves about $1.2M to $1.3M, which is positive for the L 3_., fund and th ` rall h�° `of the organization. Fund Balance is a key measure of `' alth and wil vid ash flows that are required and needed for immediate � r the eene fund and also cash available for some of the other initiatives that the to curren , involved in. It will be key for us to manage those resources. He concluded by ��t the numbers will be final by December. CONSENT AGENDA. Motion by Council Member Post, second by Council Member McGorray to approve the Consent Agenda. Passed unanimously 6-0. C 1: Resolution No. 2012-067: Relating to Municipal Court; reappointing Charles Davies as Marana Town Magistrate for a two-year term beginning September l, 2012; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies. August 21, 2012 Council Meeting 2 Regular Council Meeting - September 4, 2012 - Page 41 of 43 C 2: Resolution No. 2012-068: Relating to Municipal Court; approving the reappointment of magistrates pro-tempore and civil traffic violation hearing officers for the Marana Municipal Court C 3: Approval of July 17, 2012 Special Council Meeting Minutes C 4: Approval of August 7, 2012 Special Meeting Minutes C 5: Approval of August 7, 2012 Council Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2012-069: Relating to Bo „ selecting the topic or topics for the Fall 2012 a; Gilbert Davidson who noted that part of th rum last Forum process input was sought frort� �`c� n were multiple topics which were narrowed into �` has been putting into securing natural resources fo� "Managing Our Local Resources'�`��ie next topi� be shared and discussed. Motion t��'�� "May topic for the Fall 2012 Marana t second by Council Member Post. : � " nd Committees; Fo Presented by ;ess is to sele `' 'c From the �� on a potenti ;;, pia There ��, ��, t�ei�es. With al�`of the effort staff future, staff is suggesting 9 is a lot of information that can � ocal Resources" as the �u Member McGorray, Commissions and Committees: appointing ne ": bers to Marana C�zen�s' Forum. Presented by Mr. Davidson, F.. ��. � _��h who noted that as �S` f th �vn code cre ' to address the new Marana Citizens' Forum, th as a co'��e� `} ��reaching out to the public and getting at large citize �� be v��€�tl� serve or�" ' e Forum. Per the town code, we advertised. Th, were three ns ^ ��ressed interest in serving. Those resumes are attached. d that Counc��uld g" �i executive session for interviews at a later session. From vetting, ho `�' er; t y went through the proper procedure and all seem to be qualifie�� : interested�, serving on the Forum. Vice Mayor Comerford stated how pleased sh at the ;, izen response to participate. She moved to approve the appointment � ar�filcLay, Jerry Berger and Stacy Gowler to the Marana Citizens' y �,::,��; Forum, second ouncil Member Ziegler. Discussion from Council Member Post as to whether there �s a way to remove someone from the Forum who might be causing issues. Mr. Davidson replied that there are procedures as to whether someone could be removed for attendance and for disruptive behavior. Passed unanir�zously 6-0. COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION August 21, 2012 Council Meeting 3 Regular Gouncil Meeting - September 4, 2012 - Page 42 of 43 D 1: Relating 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 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 and (7), for discussion � or consultation with the Town's attorneys and to instruct own�s representatives concerning (1) the lawsuit entitled Town of Marana v �unty/Pima County v. Marana (consolidated), Maricopa County Superior C��irt No��2008-001131, Arizona y �, Court of Appeals No. 1 CA CV 11 0381; (2) the ��. ��u�entitle a County v. Town of Marana, Pima County Superior Court No. C2 .; �'609�; and (3) pe legal issues, settlement discussions and contract negotia '^ s relati , to the transi� `� �f �!Iarana wastewater collection and treatment to th�' .of Ma�a E 3: Executive Session pursuant to A.R.S. § 38-4� consideration and possible intervi y f candidates � Citizens' Forum �� ,�_ „_,_,,, FUTURE AGENDA ITEMS. Vice Mayor help refresh Council on wh ': ,' g. She appropriate, and then if t��e is a; o for C t�at a ct� action, A)(1) for discussion, €�nointment to the Marana a list of Forum participants to for review would be could be scheduled later. Notwithstanding tli��or' °' cretion of t items to place on the agenda, if three or more cou ��tnembe gry �� ? placed on the agenda, it must be placed upon the a � cori lar tow�ouncil meeting after the date of the request :.� ( na Town � itle apter 2-4, Section 2-4-2 B) � p�� ; ADJOURNI��T. Motion t� jour�iat �:23p.m. by Vice Mayor Comerford, second by Council Memb `� cGorray �tssed unanimously 6-0. Prior to leaving the dais, Vice Mayor Comerford noted t°�,� �ere w t Boy Scouts in the audience and asked if they were present as qualifications for one� � e' erit badges. She welcomed them to the meeting and said they � ��: could request any neces � documents from the Town Clerk. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 21, 2012. I further certify that a quorum was present Jocelyn C. Bronson, Town Clerk August 21, 2012 Councii Meeting 4 Regular Council Meeting - September 4, 2012 - Page 43 of 43