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HomeMy WebLinkAbout11/20/2013 Council Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 20, 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 November 20, 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 courtesy to others, please turn off or put in silent mode all pagers and cell phones. 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. Accessibility 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 - November 20, 2012 - Page 1 of 68 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 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, November 19, 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 EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentation: Relating to Strategic Planning; update on the status of Strategic Plan II after the first quarter of Fiscal year 2013 (Gilbert Davidson) P 2: Presentation: Relating to Alternative Expenditure Limitation (Home Rule) (Erik Montague) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Regular Council Meeting - November 20, 2012 - Page 2 of 68 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: Resolution No. 2012 -090: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 - Termination of Employment, Section 8 -2 -3 "Final Pay Check" (Suzanne Machain) C 2: Resolution No. 2012 -091: 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 2012 Operation Stonegarden Grant Program (T VanHook) C 3: Resolution No. 2012 -092: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thomydale Road, Camino del Norte to Moore Road) (Frank Cassidy) C 4: Ordinance No. 2012.12: Relating to Utilities; deleting Town Code section 14 -9 -3 (Excessive water flow or runoff prohibited) and replacing it with new Town Code section 14 -9 -3 (Escaping water prohibited; applicability; exceptions) (Frank Cassidy) C 5: Resolution No. 2012 -093: Relating to Personnel; approving an additional paid holiday on December 24, 2012 for eligible Town of Marana employees (Suzanne Machain) C 6: Resolution No. 2012 -094: Relating to Purchasing; waiving bid procedures for the purchase of a used Ford Explorer and a used passenger van or similar vehicle; authorizing the Finance and Purchasing Director to proceed with a modified competitive process (Erik Montague) C 7: Resolution No. 2012 -095: Relating to Economic Development; appointing the Mayor as the Town's representative on the Board of Directors of Tucson Regional Economic Opportunities, Inc. (TREO), and authorizing Town staff to engage with TREO in economic development activities that benefit the Town and the region (Curt Woody) C 8: Resolution No. 2012 -096: Relating to Development; approving a release of assurances for San Lucas Block 5 and acceptance of public improvements for maintenance. (Keith Brann) C 9: Approval of Special Meeting Minutes for October 16, 2012 and November 7, 2012 and approval of Regular Session Meeting Minutes for November 7, 2012. (Jocelyn Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS 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 Regular Council Meeting - November 20, 2012 - Page 3 of 68 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 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 - November 20, 2012 - Page 4 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Commerce, Community, Heritage, Progress and Innovation, Recreation Strategic Plan Focus Area - Additional Information: Item P 1 The Marana Strategic Plan, adopted by the Town Council in March 2012 establishes five focus areas including initiatives and goals related to each primary focus area. The Plan establishes priorities for project implementation and is linked to the annual budget development process. Subject: Presentation: Relating to Strategic Planning; update on the status of Strategic Plan II after the first quarter of Fiscal year 2013 Discussion: Town Council approved the update to the Strategic Plan at the meeting on March 6, 2012. The reporting period for the plan began with the new fiscal year 2013. Town staff have reported on the status of the Initiatives and Strategies and also gathered the required Success Indicators for the quarterly reporting period. This presentation will highlight some of the key Initiatives and Strategies status of completion as well as outline the individual Indicators. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Council's pleasure Regular Council Meeting - November 20, 2012 - Page 5 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council From: Erik Montague, Finance Director Strategic Plan Focus Area: Commerce, Community, Heritage, Progress and Innovation, Recreation Subject: Presentation: Relating to Alternative Expenditure Limitation (Home Rule) Discussion: Item P 2 In 1985 and every four years thereafter, the residents of the Town of Marana voted to adopt a local alternative expenditure limitation, also known as the Home Rule Option. The most recent Home Rule Option was approved by the voters in the May 19, 2009 general election and is in effect through fiscal year 2012 -13. Under the Home Rule Option, total expenditures for the Town are determined at the time of budget adoption and may exceed those imposed by the State of Arizona. Without the Home Rule Option, Town expenditures may not exceed those set forth by the State. For example, without the Home Rule Option, the State imposed limitation for or fiscal year 2012 -13 would have been $14,276,018. The operating budget (excluding capital items) for the General Fund alone for fiscal year 2012 -13 is $31,131,272. The State's limitation is determined by an expenditure base that was established in 1979 -80, adjusted for inflation and population growth over the years. The purpose of this presentation is to provide Council with information on the Home Rule Option and an overview of the process required to extend alternative expenditure limitation. Financial Impact: Presentation item only. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Presentation item only. Suggested Motion: Presentation item only. Regular Council Meeting - November 20, 2012 - Page 6 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council Item C 1 From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -090: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 - Termination of Employment, Section 8 -2 -3 "Final Pay Check" Discussion: This personnel policy amendment was first presented for consideration to the Mayor and Council during the regular Council meeting of November 7, 2012. Staff recommends adoption of the attached amendment revising Section 8 -2 -3 of the Town's personnel policies to coincide with state law. When an employee terminates employment, the law requires that an employer issue an employee's final pay check within 7 working days of the effective date of the termination rather than 3 working days as was previously required. In addition, the proposed amendments correct a couple of typographical errors in the policy. 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 amendment is initially proposed. Tonight's consideration of the proposed policy amendment constitutes the second reading of the amendment and the Council may now take action to adopt the amendment. Financial Impact: None ATTACHMENTS: Name: Description: Type: a Personnel Policy Amendment Resolution.doc Personnel Policy Chapter 8 Amendment Resolution Resolution 0 00031942.DOC Exhibit A- amendment to Chapter 8 Exhibit Staff Recommendation: Staff recommends that the proposed policy amendment be adopted as presented. Suggested Motion: I move to adopt Resolution No. 2012 -090, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 - Termination of Employment, Section 8 -2 -3 "Final Pay Check." Regular Council Meeting - November 20, 2012 - Page 7 of 68 MARANA RESOLUTION NO. 2012-090 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 8 — TERMINATION OF EMPLOYMENT, SECTION 8 -2 -3 "FINAL PAY CHECK" WHEREAS Section 3 -3 -3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99 -38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99 -38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to Chapter 8 of the Town's Personnel Policies and Procedures at the November 7, 2012 Council meeting; and WHEREAS the Council finds that adoption of the amendments to Chapter 8 of the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 8 of the Town's Personnel Policies and Procedures, entitled "Termination of Employment" is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of November, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2012 -090 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 11/15/2012 Regular Council Meeting - November 20, 2012 - Page 8 of 68 CHAPTER 8 TERMINATION OF EMPLOYMENT POLICY 8 -2 EXIT PROCESS The Human Resources Department is responsible for coordinating the exit process with the Department Head, the chain of authority above the level of Department Head and the Finance Department. Section 8 -2 -1 Exit Clearance The employee's Department Head shall ensure that all Town- issued equipment, materials and supplies, including, but not limited to keys, identification cards, Town credit cards and uniforms have been returned as part of the employee's final exit clearance. Section 8 -2 -2 Exit Interview Regular full - and part -time employees will normally participate in an exit interview scheduled prior to the last day of employment. Documented comments gathered from the exit interview shall be maintained separately from the employee's personnel file. Temporary employees do not ordinarily participate in an exit interview unless they volunteer to complete the interview. Section 8 -2 -3 Final Pay Check A. The Finance Department shall be notified of the employee's separation date through a tea? Personnel Action Form. Employees shall receive pay for work performed through the last hour worked and for unused benefits as stipulated by Town policy and laws governing final payments. 1. Terminated employees must be issued their final pay check within ##>=ee seven working days of the effective date of the termination or at the end of the next regular pay period, whichever is sooner. 2. Employees who leave the employment of the Town by means other than termination will be paid at the close of the next regular pay period. 3. Costs of unreturned Town property will be deducted from the final paycheck. 4. The Town will not distribute the final pay check to the employee via direct deposit. The employee may either pick up the final pay check or request that it be mailed to the employee. The employee's selection shall be indicated on the final exit clearance form. B. It is the responsibility of the Department Head to ensure that the employee has completed final clearance and that all items, including the Personnel Action Form, the exit clearance checklist and the final time sheet/ attendance record, have been properly 1 Regular Council Meeting - November 20, 2012 - Page 9 of 68 CHAPTER 8 TERMINATION OF EMPLOYMENT completed and forwarded to the Human Resources Department and the Finance Department within the required time frames for issuance of the final pay check. Section 8 -2 -4 Continuation of Benefits A. The continuation of benefits is subject to the provisions of each benefit plan and coverage may vary. B. Employees eligible to continue health benefits through COBRA and HIPAA will receive notification within the time limits determined by law. Section 8 -2 -5 Final Work Day Employees are expected to be present and to work on their final work day to facilitate the exit clearance process. Requests to use vacation or personal leave will be considered as described in Section 8 -1 -3 of these Personnel Policies and Procedures. Employees may use sick leave in accordance with the Town's sick leave policies and procedures 2 Regular Council Meeting - November 20, 2012 - Page 10 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council Item C 2 From: T VanHook, Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -091: 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 2012 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 for the fifth straight year. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and federal law enforcement agencies at and near the U.S. /Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. Marana has been awarded $140,000 under a subgrantee agreement with the Arizona Department of Homeland Security to support Operation Stonegarden. Funding will be used to augment and support Border Patrol coverage of egress from the border areas with state, local and tribal police agencies. Through participation in this operation, Marana will use its authority to control the routes and reduce the propensity for cross - border crime in the area. Patrols will concentrate on the 109 miles of arterial roadways serving as regional east -west connectors between State Route 77 and I -10 and the more than 57 miles of rural, mostly two -lane roads paralleling I -10 to the west. The Marana Police Department's primary goals are to: (1) reduce crime in border communities to improve the quality of life; (2) deter illegal entries through teamwork with other local and federal agencies; (3) assist in apprehending terrorists and terrorist weapons illegally entering the United States; and (4) coordinate operations with the Pima County Sheriff's Department and U.S. Border Patrol Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S. Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and national security concerns. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes traditionally used to smuggle undocumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities: Area one: Sandario road from Emigh to Avra Valley. Area two: Silverbell/Twin Peaks Corridor. Regular Council Meeting - November 20, 2012 - Page 11 of 68 Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP. To support this initiative Marana will deploy up to six uniformed officers, a canine officer, and a supervisor with supporting staffing from dispatch. These deployments will consist of eight (8) hour shifts conducted in coordination with partnering agencies. Deployment dates will coincide with Operation COBIJA, Operation Knight Hunter, "surge" dates identified by HIDTA, United States Border Patrol, ICE, and internal/external intelligence information and trends. If contact and /or interaction are made with certain "persons of interest," notification will be made to the Office of Customs and Border Protection, U.S. Border Patrol or the appropriate agency. Deployments will be based on specific threats which can be targeted and countered and shifts in illegal traffic patterns due to increased enforcement actions. These activities will be coordinated through the USBP. Marana will identify these shift times and locations and address them accordingly. As an active participant in regional planning, emergency operations, and homeland security initiatives, the Marana Police Department has been impacted by increased contacts with illegal entrants and human and narcotics smugglers migrating through the community as focused enforcement has caused a deviated travel pattern from the US Mexican Border along the I -10 corridor. Financial Impact: Funding has been awarded to support overtime and mileage reimbursement ($140,000). There is no match requirement for the funding. Grant funding has a small impact on the Police, Community Development and Neighborhood Services, and Finance departmental operating budgets for administration. ATTACHMENTS: Name: Description: Type: W Operation Stonegarden Grant Resolution.doc Operation Stonegraden Resolution Resolution 0 00032177.PDF Exhbit A - subgrantee agreement Exhibit Staff Recommendation: Staff recommends approval of the Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2012 Operation Stonegarden Grant Program. Commission Recommendation - if applicable: NA Suggested Motion: I move to adopt Resolution No. 2012 -091, 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 2012 Operation Stonegarden Grant Program. Regular Council Meeting - November 20, 2012 - Page 12 of 68 MARANA RESOLUTION NO. 2012-091 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 2012 OPERATION STONEGARDEN GRANT PROGRAM. WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Department of Homeland Security has awarded grant funding to the Town for the provision of overtime pay and mileage reimbursement for services provided in coordi- nation 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 Department 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 12- AZDOHS -OPSG- 999431 -01 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 -091 -1- 11/15/2012 Regular Council Meeting - November 20, 2012 - Page 13 of 68 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of November, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012 -091 -2- 11/15/2012 Regular Council Meeting - November 20, 2012 - Page 14 of 68 SUBGRANTEE AGREEMENT OPSG OVERTIME AND MILEAGE 12- AZDOHS -OPSG 999431 -01 Enter Grant Agreement Number above (e.g., 999xxx -xx) Between The Arizona Department of Homeland Security And Town of Marana Enter the Name of the Subrecipient Agency Above WHEREAS, A.R.S. § 41 -4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana Enter the Name of the Subrecipient Agency Above (subrecipient) for services under the terms of this Grant Agreement. 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT TERMINATION AND AMENDMENTS This Agreement shall become effective on November 1, 2012 and shall terminate on December 31, 2013. The obligations of the subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled 46 Overtim and Mileaqe 9 Enter Title of Application and funded at $ 140,000.00 (as may have been modified by the award letter). Enter Funded Amount above IV. MANNER OF FINANCING The AZDOHS shall: a) Provide up to $140 000.00 to the subrecipient for services provided under Paragraph III. rne'F� n- ei�'WmouW'nTa6ove b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. 12- AZDOHS-OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 1 Regular Council Meeting - November 20, 2012 - Page 15 of 68 V. FISCAL RESPONSIBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application. Any modification to quantity or scope of work must be preapproved in writing by the AZDOHS. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT /PROGRAMATIC MONITORING The subrecipient agrees to terms specified in A.R.S. § 35 -214 and § 35 -215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501- 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A -133 ( "Audits of States, Local Governments, and Non - profit Organizations ") if the subrecipient expends more than $500,000 from Federal awards. If the subrecipient has expended more than $500,000 in Federal dollars, a copy of the subrecipient's audit report for the previous fiscal year and subsequent years within the period of performance is due annually to AZDOHS by March 31S b) Subrecipients will be monitored periodically by the AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office -based reviews and onsite monitoring visits. Monitoring can involve aspects of the work involved under this contract including but not limited to the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other Federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at http: / /www.access.gpo.gov /nara /cfr /waisidx 07 /44cfrv1 07.html b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments (A -87 OMB Circular), at hftp://www.access.gpo.gov/nara/cfr/waisidx 07/2cfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non - Profit Organizations; Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial Organizations. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, at http: / /www.whitehouse.gov /omb /circulars /al33 /al33.html 12- AZDOHS -OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 2 Regular Council Meeting - November 20, 2012 - Page 16 of 68 c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (formerly OMB Circular A -102), at http: // 149. 168.212.15 /mitigation /Library//44 CFR -Part 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL), at hftps://www.rkb.mipt.or 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non - discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66, Uniform Administrative Requirements for Grants and Co- operative Agreements to State and Local Government. Included within the above mentioned guidance documents are provisions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The subrecipient shall comply with all applicable Federal, State, and Local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898).Subrecipient shall not undertake any project having the potential to impact EHP resources without the prior approval of AZDOHS /FEMA including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Subrecipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Procurement and construction activities shall not be initiated prior to the full environmental and historic preservation review. Consultants /Trainers /Training Providers Billings for consultants /trainers /training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant /trainer /training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the subrecipient and 44 CFR Chapter 1, Part 13; and shall not exceed the maximum of $450 per day per consultant/trainer /training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant /trainer /training provider may be reimbursed 12- AZOOHS -OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 3 Regular Council Meeting - November 20, 2012 - Page 17 of 68 reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travel days for consultants /trainers /training providers. Contractors /Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: hftp: / /www.gao.state.gov. Procurement The subrecipient shall comply with all internal agency procurement rules /policies and must also comply with Federal procurement rules /policies as outlined in section VII and all procurement must comply with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training and Exercise The subrecipient agrees that any grant funds used for training and exercise 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). All exercises must utilize the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) Toolkit for exercise design, development and scheduling. Subrecipient agrees to: a) Submit the HSEEP Toolkit Exercise Summary to AZDOHS with all Exercise Reimbursement Requests. b) Post all exercises, documentation and After Action Reports /Improvement Plans via the HSEEP Toolkit. c) Within 60 days of completion of an exercise, the exercise host subrecipent is required to upload the AAR /IP into the HSEEP Toolkit and email the AAR /IP to the local County Emergency Manager, the FEMA Region IX Exercise POC, HSEEP(a the AZDOHS Strategic Planner, and the Arizona Department of Emergency Management (ADEM) Exercise Officer. 12- AZDOHS -OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 4 Regular Council Meeting - November 20, 2012 - Page 18 of 68 Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program /project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for the grant position. E- Verify Compliance requirements for A.R.S. § 41- 4401 — immigration laws and E- Verify requirement. a) The subrecipient warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23 -214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program). b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the subrecipient may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the subrecipient is complying with the warranty under paragraph (a) above. Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) 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. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. b) Nonexpendable Property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 (Three Hundred Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or plant. c) A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and /or a useful life of more than one year. When use of the Capital Asset for project activities is discontinued, the subrecipient shall request /receive authorization from AZDOHS prior to disposition. d) A Property Control Form shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and /or disposition. Nonexpendable Property and Capital Assets must be included on the Property Control Form. When disposition of Nonexpendable Property and Capital Assets occurs the subrecipient shall submit an updated Property Control Form to AZDOHS. 12- AZDOHS-OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 5 Regular Council Meeting - November 20, 2012 - Page 19 of 68 e) Upon submission of the final quarterly programmatic report the subrecipient must file with the AZDOHS a copy of the Property Control Form. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. f) A physical inventory of the Nonexpendable Property and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. (1) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. (2) Adequate maintenance procedures must be developed to keep the property in good condition. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M &A) costs that may be incurred by the subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar circumstances; and 3) consistently applied — it applies to all sources of funds. 12- AZDOHS-oPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 6 Regular Council Meeting - November 20, 2012 - Page 20 of 68 X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed b) Quarterly Programmatic Reports are due: January 15 (period October 1— December 31) April 15 (period January 1 — March 31) July 15 (period April 1 — June 30) October 15 (period July 1 — September 30) c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty -five (45) calendar days after the end of the Agreement. Requests for reimbursement received later than the forty - five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL. The AZDOHS requires that all requests for reimbursement are submitted via U.S. mail (United States Postal Service), FedEx, UPS, etc... or in person. Reimbursements submitted via fax or by any electronic means will not be accepted. The AZDOHS reserves the right to request and /or require any supporting documentation it feels necessary in order to process reimbursements. All reports shall be submitted to the contact person as described in Paragraph XXXIX, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. 12- AZDOHS-OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 7 Regular Council Meeting - November 20, 2012 - Page 21 of 68 Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment," and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVI. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38 -511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XVIII. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and /or contracts entered into by the subrecipient in the execution of this Agreement. 12- AZDOHS -o PSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 8 Regular Council Meeting - November 20, 2012 - Page 22 of 68 XIX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XX. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXI. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12 -1518. XXII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIII. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph X, REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to comply with any such amendment within ten (10) business days of receipt of a fully executed amendment. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXIV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXV. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. 12- AZDoHS -oPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 9 Regular Council Meeting - November 20, 2012 - Page 23 of 68 XXVI. NON - DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order2009 -09. XXVII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVIII. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXIX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXX. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with Federal funds shall contain the following statement: "This document was prepared under a grant from U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub - recipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research -based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. 12- AZDOHS-OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 10 Regular Council Meeting - November 20, 2012 - Page 24 of 68 XXXI. CLOSED - CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXII. INDEMNIFICATION To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious /derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. XXXIII. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXV. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVI. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. 12- AZDOHS -OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 11 Regular Council Meeting - November 20, 2012 - Page 25 of 68 XXXVIII. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state /national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing be delivered in person or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.gov The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.gov The AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name above Town of Mar Enter Agency Name above , Enter Street Address Enter City, State, ZIP 12- AZDOHS-OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 12 Regular Council Meeting - November 20, 2012 - Page 26 of 68 XXXX. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town o f Mar Enter Agency Name above FOR AND BEHALF OF THE Arizona Department of Homeland Security Authorized Signature above Print Name & Title above Enter Date above Gilbert M. Orrantia Director Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 12- AZDOHS -OPSG- 999431 -01 Any unauthorized changes to this document will result in termination of this award. Version 09142012 Page 13 Regular Council Meeting - November 20, 2012 - Page 27 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Initiative 2: Provide quality services to keep the community safe and secure. Item C 3 Subject: Resolution No. 2012 -092: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road) Discussion: Tucson Water and the Town of Marana are constructing two public improvement projects on and along Thornydale Road. To improve efficiency, reduce conflicts, and minimize traffic disruption, the City and Town have prepared this intergovernmental agreement for cooperative design and construction of these two water and roadway improvement projects. Financial Impact: The Town's fiscal year 2012 -13 capital improvements program includes the Thornydale Overlay Project which is addressed by this intergovernmental agreement. The Thornydale Overlay Project is a pavement rehabilitation and overlay project on Thornydale Road from Camino del Norte to the Saguaro Ranch entrance north of Moore Road including ancillary items such as installation of guard rail and minor drainage grading. The cooperative design and construction of the Town's Thornydale Overlay Project with Tucson Water's Dove Mountain 36" Reclaimed Transmission Main Project should reduce the cost to both the City and the Town, due to a reduction of construction conflicts and certain economies of scale. ATTACHMENTS: Name: Description: Type: a RSO 20121108 Thornydale Tucson Water TOM IGA Tucson Water IGA re: Thronydale Resolution (00032154).doc a AGT 20120926 Marana Tucson Water Thornydale IGA Exh A to Reso_TOM TW IGA re Thornydale at Exhibit (00031767-2). Doc Tangerine Staff Recommendation: Staff recommends adoption of Resolution 2012 -092, approving and authorizing the Mayor to execute Regular Council Meeting - November 20, 2012 - Page 28 of 68 the intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road). Suggested Motion: I move to adopt Resolution 2012 -092, approving and authorizing the Mayor to execute the intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road). Regular Council Meeting - November 20, 2012 - Page 29 of 68 MARANA RESOLUTION NO. 2012-092 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR COOPERATIVE DESIGN AND CONSTRUCTION OF WATER AND ROADWAY IMPROVEMENTS (THORNYDALE ROAD, CAMINO DEL NORTE TO MOORE ROAD) WHEREAS the City of Tucson's Water Department intends to begin construction within approximately six months of a project entitled "Dove Mountain 36" Reclaimed Transmission Main, CIP No. W785" (the "Transmission Main Project "), consisting of the installation of a water main within the existing public right -of -way of Thornydale Road within the town limits of Marana from approximately 1,700 feet south of Tangerine Road to the intersection of Thornydale Road and Moore Road; and WHEREAS the Transmission Main Project will cross Tangerine Road, which was recently reconstructed and is currently under a pavement moratorium pursuant to Marana Town Code Section 12 -7 -9, which imposes more rigorous requirements on asphalt pavement less than five years old; and WHEREAS the Town's CIP Division intends to construct, as part of its fiscal year 2012- 13 capital improvements program, a pavement rehabilitation and overlay project on Thornydale Road from Camino del Norte to the Saguaro Ranch entrance north of Moore Road (the "Thornydale Overlay Project ") including ancillary items such as installation of guard rail and minor drainage grading; and WHEREAS by coordinating construction of the Transmission Main Project and the Thornydale Overlay Project, the City and Town will reduce contractor conflicts and traffic disruption, will take advantage of economies of scale, and may avoid a potential second pavement moratorium; and WHEREAS pursuant to A.R.S. § 11 -952, the City and Town are authorized to contract for services or jointly exercise any powers common to the City and Town and may enter into agreements with one another for joint or cooperative action; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway Resolution No. 2012 -092 - I - 11/8/2012 10:40 AM FJC Regular Council Meeting - November 20, 2012 - Page 30 of 68 improvements (Thornydale Road, Camino del Norte to Moore Road) attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of November, 2012. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2012 -092 -2- 11/8/2012 10:40 AM FJC Regular Council Meeting - November 20, 2012 - Page 31 of 68 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR COOPERATIVE DESIGN AND CONSTRUCTION OF WATER AND ROADWAY IMPROVEMENTS (THORNYDALE ROAD, CAMINO DEL NORTE TO MOORE ROAD) THIS AGREEMENT is entered into by and between the CITY OF TucSON, an Arizona municipal corporation (the "City ") and the TOWN OF MARANA, an Arizona municipal corporation (the "Town "). The City and the Town are sometimes collectively referred to as the "Parties," either one of which is sometimes individually referred to as a "Party." RECITALS A. The City's Water Department intends to begin construction within approximately six months of a project entitled "Dove Mountain 36" Reclaimed Transmission Main, CIP No. W785" (the "Transmission Main Project "), consisting of the installation of a water main within the existing public right -of -way of Thornydale Road within the town limits of Marana from approximately 1,700 feet south of Tangerine Road to the intersection of Thornydale Road and Moore Road. B. The Transmission Main Project will cross Tangerine Road, which was recently reconstructed and is currently under a pavement moratorium pursuant to Marana Town Code Section 12 -7 -9, which imposes more rigorous requirements on asphalt pavement less than five years old. C. The Town's CIP Division intends to construct, as part of its fiscal year 2012 -13 capital improvements program, a pavement rehabilitation and overlay project on Thornydale Road from Camino del Norte to the Saguaro Ranch entrance north of Moore Road (the "Thornydale Overlay Project ") including ancillary items such as installation of guard rail and minor drainage grading. D. By coordinating construction of the Transmission Main Project and the Thornydale Overlay Project, the Parties will reduce contractor conflicts and traffic disruption, will take advantage of economies of scale, and may avoid a potential second pavement moratorium. E. Pursuant to A.R.S. § 11 -952, the Parties are authorized to contract for services or jointly exercise any powers common to the Parties and may enter into agreements with one another for joint or cooperative action. {00031767.DOC / 21 City of Tucson/Town of Marana IGA - 1 - 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 32 of 68 AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated by reference here, and in consideration of the matters and things set forth in this Agreement, the Parties hereby agree as follows: 1. The Project. The "Project" is a single combined construction project consisting of the Transmission Main Project and the Thornydale Overlay Project. 2. Purpose. The purpose of this Agreement is to set forth the relative rights and responsibilities of the Parties for the design, construction, maintenance, operation, administration, and funding of the Project. 3. City as lead agency. The City shall be the lead agency for the Project, and, except as otherwise more specifically provided in this Agreement, shall be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, construction, and contract advertisement, award, execution and administration. 3.1. The City shall be responsible for construction procurement for the Project and shall select the contractors to be used on the Project based on a low -bid selection process. The City shall provide to the Town copies of any and all contract documents and related materials. The City shall retain the usual rights of the owner of a public contract, including the authority to approve changes and make payments. However, any change to the Project which causes the final Project cost to exceed the Town's scope and /or budget amount for the Project shall be approved in writing by the Town Engineer before the change is made. 3.2. The City shall be responsible for all traffic management, including public notification, during construction of the Project. 3.3. The City shall require all contractors performing any portion of the Project to name the Town as additional insured with respect to insurance policies for general liability, automobile liability and defects in construction in all contracts for the Project. 3.4. As owner under the construction contract, the City shall diligently pursue payment and performance bonds as necessary for the full final completion of the Project. 4. Design. Design responsibilities for the Project shall be allocated as follows: 4.1. Transmission Main Project. The City shall be responsible for the preparation of all plans and specifications for the Transmission Main Project. 4.2. Thornydale Overlay Project. The Town shall be responsible for the preparation of all plans and specifications for the Thornydale Overlay Project. 4.3. Project coordination and integration. The City shall be responsible for the coordination and integration of the two sets of plans and specifications. {00031767.DOC / 21 City of Tucson/Town of Marana IGA - 1 - 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 33 of 68 5. Design standards. The Parties shall comply with all applicable federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design, including the latest editions of the following (in the following order of priority): 5.1. Town of Marana design guidelines for roadway lane widths and level of drainage protection 5.2. Pima County design guidelines for roadway lane widths and level of drainage protection 5.3. Pima County /City of Tucson Standard Specifications for Public Improvements 5.4. Pima County Roadway Design Manual 5.5. The Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual 5.6. The American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction 5.7. Manual on Uniform Traffic Control Devices 6. Funding. Funding obligations for the Project shall be allocated as follows: 6.1. The City shall be solely responsible to pay for: 6.1.1. All design, construction, and project management costs for the Transmission Main Project. 6.1.2. All design, construction, and field engineering costs to repave the entire intersection of Tangerine Road and Thornydale Road and the northbound right -turn bay of Thornydale Road located on the southern leg of the intersection, as approved by the Town Engineer in accordance with Marana Town Code Section 12 -7 -9. 6.2. The Town shall be solely responsible to pay for all design and construction costs for the Thornydale Overlay Project, except any design costs for the work described in subparagraph 6.1.2 above. 6.3. All other costs, including without limitation any construction administration costs, traffic control costs, contractor field office costs, contractor home office overhead, contractor profit, and contractor mobilization costs not clearly and separately attributable to the Transmission Main Project or the Thornydale Overlay Project shall be divided among the Parties as follows: 6.3.1. The City's portion shall be the percentage determined by dividing the construction costs separately allocable to the City under paragraph 6.1 by the {00031767.DOC / 21 City of Tucson/Town of Marana IGA -2- 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 34 of 68 sum of all construction costs separately allocable to the City and the Town under paragraphs 6.1 and 6.2. 6.3.2. The Town's portion shall be the percentage determined by subtracting the percentage determined in paragraph 6.3.1 from 100. 7. Right -of -way acquisition. The Parties believe and represent that all right -of -way acquisition necessary for the Project has been completed. 7.1. If the Parties determine that additional right -of -way is needed for the Transmission Main Project, the City shall pay all right -of -way acquisition costs and construction delay costs associated with the acquisition. 7.2. If the Parties determine that additional right -of -way is needed for the Thornydale Overlay Project, the Town shall pay all right -of -way acquisition costs and construction delay costs associated with the acquisition. 8. Construction start, duration, and substantial completion. The construction start date and duration shall be determined by the City, but the Project shall be substantially completed no later than July 31, 2014. 9. Field inspection and construction management. The Town shall provide and pay for field inspection and construction management services for all pavement rehabilitation and overlay, roadway markings, guard rail, and finished grading (including drainage) work, and the City shall provide all other necessary field inspection and construction management services for the Project. The City shall be responsible for field inspection and construction management services whenever there is doubt or ambiguity in the interpretation of the first two sentences of this paragraph. Respective field inspection and construction management services shall be coordinated by the Parties so as to not adversely impact the City's Transmission Main Project or the Town's Thornydale Overlay Project. 10. Invoicing and payment. month: 10.1. The City shall prepare and submit to the Town, within the first week of each 10.1.1. an invoice and request for payment signed by a duly authorized representative of the City, including background information documenting payments made to contractors, vendors, or any other eligible costs identified in this Agreement, and 10.1.2. a status report describing its progress and adherence to the Project scope, schedule and budget. 10.2. Upon receipt of an authorized payment request, the Town shall transmit to the City funds in the amount specified in the bid documents on a monthly reimbursement basis, in accordance with the following: {00031767.DOC / 21 City of Tucson/Town of Marana IGA -3 - 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 35 of 68 10.2. 1. Reimbursements will generally be based on the Project schedules established by the City, or on a monthly basis, whichever is longer. 10.2.2. The Town will review each payment request to confirm that the request is for costs attributable to the Town under this Agreement, and will notify the City within five working days of receipt of the invoice if additional information is needed to confirm that the costs are attributable to the Town. 10.2.3. If the invoice is approved, the Town will process the invoice for payment within the later of ten working days after the Town receives 10.2.3.1. the invoice, or 10.2.3.2. the additional information requested in accordance with subparagraph 10.2.2 above. 11. Document retention. The City shall retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five years after final payment is made to the contractor. 12. Project coordination. The City shall allow the Town and its representatives to attend any and all pre - construction and construction meetings related to the Project. 13. Ownership and maintenance of improvements. Upon completion of the Project: 13.1. The City shall own, operate and maintain the water utility improvements. 13.2. The Town shall own, operate and maintain the roadway improvements. 14. Termination. Either Party may terminate this Agreement for material breach of this Agreement by the other Party. Prior to any termination under this paragraph, the Party allegedly in default shall be given written notice by the other Party of the nature of the alleged default. The Party said to be in default shall have 45 days to cure the default. If the default is not cured within that time, the other Party may terminate this Agreement. Any termination shall not relieve either Party from liabilities or costs already incurred under this Agreement. 15. Non - assignment. Neither Party shall assign its rights under this Agreement without written permission from the other Party. 16. Construction of this Agreement. 16.1. Entire agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged in this Agreement. 16.2. Exhibits. Any exhibits to this Agreement are incorporated into this Agreement by this reference. {00031767.DOC / 21 City of Tucson/Town of Marana IGA -4- 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 36 of 68 16.3. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both Parties. 16.4. Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the Recitals above. 16.5. Severability. A declaration by statute or judicial decision that any provision of this Agreement is invalid or void shall have no effect on other provisions that can be given effect without the invalid or void provision, and to this extent the provisions of this Agreement are severable. If any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly in an attempt to reach an agreement on a substitute provision. 16.6. Conflicts of interest. This Agreement is subject to the provisions of A.R.S. § 38 -511, which provides for cancellation in certain situations involving conflicts of interest. 16.7. Legal jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the City or the Town. 16.8. No joint venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer - employee relationship between the City and any Town staff and /or employees, or between the Town and any City employees, except for the limited purposes described in paragraph 17.3 below. Neither Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 16.9. No third party beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either Party by imposing any standard of care different from the standard of care imposed by law. 17. Compliance with laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. 17.1. Anti - discri mination. The provisions of A.R.S. § 41 -1463 and Executive Order Number 99 -4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. 17.2. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. § 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 17.3. Workers' compensation. An employee of either Party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for {00031767.DOC / 21 City of Tucson/Town of Marana IGA -5 - 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 37 of 68 purposes of A.R.S. § 23 -1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each Party shall post a notice pursuant to the provisions of A.R.S. § 23- 1022(E) in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 18. Waiver. Waiver by either Party of any breach of any term, covenant or condition set forth in this Agreement shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition set forth in this Agreement. 19. Force majeure. A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the Party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, terrorism, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, the Party could not reasonably have been expected to avoid. Either Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove the inability with all reasonable dispatch. 20. Notification. All notices or demands upon either Party shall be in writing, and shall be delivered in person or sent by mail addressed as follows: The City: City Manager 255 W. Alameda St. Tucson AZ 85701 (520) 791 -4204 (520) 791 -5198 The Town: Town Manager 11555 N. Civic Center Dr. Bldg. A3 Marana AZ 85653 (520) 382 -1900 (520) 382 -1901 (Fax) 21. Remedies. Either Party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and {00031767.DOC / 21 City of Tucson/Town of Marana IGA -6- 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 38 of 68 each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 22. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterpart and attached to a single instrument. 23. Effective date; term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the City are made, and all warranties applicable to the Project have expired. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last signature date below. TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: CITY OF TUCSON, an Arizona municipal corporation Jonathan Rothschild, Mayor Date: ATTEST: Town Clerk City Clerk ATTORNEY CERTIFICATION The undersigned attorneys for the City of Tucson and the Town of Marana have determined, each as to their respective client only, that this intergovernmental agreement is in proper form and is within the powers and authority granted under Arizona law to the City of Tucson and the Town of Marana. City Attorney Town Attorney {00031767.DOC / 21 City of Tucson/Town of Marana IGA -7- 9/26/2012 10:39 AM FJC Regular Council Meeting - November 20, 2012 - Page 39 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council Item C 4 From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Initiative 1, Strategy b, Review and propose new codes and /or amendments for water conservation.... i. Create code provisions that promote sustainability for residential, commercial, industrial, and agricultural land uses. Subject: Ordinance No. 2012.12: Relating to Utilities; deleting Town Code section 14 -9 -3 (Excessive water flow or runoff prohibited) and replacing it with new Town Code section 14 -9 -3 (Escaping water prohibited; applicability; exceptions) Discussion: Town Code Title 14 (Utilities) was comprehensively rewritten in 2011 (Ordinance 2011.24). Before the comprehensive revision, old Town Code section 14 -10 -3 (Escaping water) provided: "No person shall allow water to escape from his or her premises upon public property, such as alleys, roads or streets, or upon any other person's property." Recognizing that this provision was too broad for failing to account for permissive and normal minor runoff of water, the comprehensive revision, new Town Code section 14 -9 -3 (Excessive water flow or runoff prohibited) limited the prohibition to landscape watering and swimming pool or spa overflow or discharge. The Town's code enforcement officers have found the 2011 provision difficult to enforce, and have asked that it be expanded. The new Town Code section 14 -9 -3 (Escaping water prohibited; applicability; exceptions) takes the language closer to the original "Escaping water" provision, and creates exceptions that keep it from being overbroad. ATTACHMENTS: Name: Description: Type: 0 ORD 20121031 Escaping Water Revisions Ordinance Escaping Water Ordinance (00032076- 2).doc Staff Recommendation: Staff recommends adoption of Ordinance 2012.12, replacing Town Code section 14 -9 -3 (Excessive water flow or runoff prohibited) with new Town Code section 14 -9 -3 (Escaping water prohibited; applicability; exceptions). Suggested Motion: I move to adopt Ordinance 2012.12 Regular Council Meeting - November 20, 2012 - Page 40 of 68 MARANA ORDINANCE NO. 2012.12 RELATING TO UTILITIES; DELETING TOWN CODE SECTION 14 -9 -3 (EXCESSIVE WATER FLOW OR RUNOFF PROHIBITED) AND REPLACING IT WITH NEW TOWN CODE SECTION 14 -9 -3 (ESCAPING WATER PROHIBITED; APPLICABILITY; EXCEPTIONS) WHEREAS the Town Council finds that the prohibition against water flow or runoff as found in Marana Town Code section 14 -9 -3 as adopted by Marana Ordinance No. 2011.24 is too narrow and difficult to enforce; and WHEREAS the Town Council finds that the replacement provision adopted by this Ordinance is in the best interests of the Town and its residents and customers. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 14 -9 -3 (Excessive water flow or runoff prohibited) of the Marana Town Code is hereby deleted, and the following new section 14 -9 -3 (Escaping water prohibited; applicability; exceptions) is adopted in its place as follows: 14 -9 -3 Escaping water prohibited; applicability; exceptions A. No person shall allow water to escape from his or her premises onto public property, such as drainageways, alleys, roads or streets. B. No person shall allow water to escape from his or her premises onto any other person's property without that other person's express written permission. C. This section shall apply to all property located within the Marana town limits and to all property located outside the Marana town limits that is served by the Marana water utility. D. This section shall not apply to the following: 1. Stormwater runoff. 2. Irrigation of landscaping on public property as expressly authorized by the owner of the public property. 3. Reasonable, short- duration runoff from the washing of vehicles. 4. Broken or malfunctioning irrigation equipment, provided that the escape of water is halted promptly and in any event not more than 24 hours after the responsible party has actual notice of the break or malfunction. Ordinance No. 2012.12 - I - 10/31/2012 2:40 PM FJC Regular Council Meeting - November 20, 2012 - Page 41 of 68 5. Disposal of pool or spa backwash water in conformance with section 314 of the 2006 Marana pool and spa code. 6. Any escape of water which is, in the opinion of the investigating code compliance officer, similar in nature or scope to the exceptions set forth in this section. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. This Ordinance shall become effective on the 21 Day of December, 2012. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of November, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Ordinance No. 2012.12 -2- 10/31/2012 2:40 PM FJC Regular Council Meeting - November 20, 2012 - Page 42 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council Item C 5 From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -093: Relating to Personnel; approving an additional paid holiday on December 24, 2012 for eligible Town of Marana employees Discussion: At the November 7, 2012 Council meeting, Council directed staff to place consideration of an additional paid holiday on December 24, 2012 on a future Council agenda. This item proposes to give all eligible Town employees an additional paid holiday on Christmas Eve, Monday, December 24, 2012. The holiday would be subject to all established Town policies relating to paid holidays. This one -time paid holiday proposal is sought as a way to demonstrate appreciation for the excellent work provided by the Town of Marana workforce. Financial Impact: The estimated impact in payroll cost is $81,500 which is has been budgeted as part of he fiscal year 2012 -2013 budget. This estimate includes the value for both classified and unclassified positions. Additional costs related to non - exempt hours actually worked on the additional paid day off will be absorbed within the respective department's budget, if any. ATTACHMENTS: Name: Description: Type: B 12 -24- 2012 Holidav Resolution.doc Staff Recommendation: 12 -24 -2012 Holiday Resolution Resolution Staff recommends adoption of Resolution No. 2012 -093 approving an additional paid holiday of December 24, 2012 as a one -time holiday. Suggested Motion: I move to adopt Resolution No. 2012 -093, approving an additional paid holiday on December 24, 2012 for eligible Town of Marana employees. Regular Council Meeting - November 20, 2012 - Page 43 of 68 MARANA RESOLUTION NO. 2012-093 RELATING TO PERSONNEL; APPROVING AN ADDITIONAL PAID HOLIDAY ON DECEMBER 24, 2012 FOR ELIGIBLE TOWN OF MARANA EMPLOYEES WHEREAS Section 3 -3 -3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99 -38 on May 18, 1999, which policies have been amended from time to time; and WHEREAS Section 4- 4 -2(A) of the Personnel Policies and Procedures designates ten days as Town - approved holidays; and WHEREAS Section 4- 4 -2(B) of the Personnel Policies and Procedures provides that the Council may approve additional holidays in any given calendar year; and WHEREAS the Council finds that approving an additional paid holiday on December 24, 2012 is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Monday, December 24, 2012 is hereby approved as an additional paid holiday for eligible Town of Marana employees, subject to all established Personnel Policies and Procedures relating to Town - approved paid holidays. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of November, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2012 -093 11/15/2012 Regular Council Meeting - November 20, 2012 - Page 44 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council Item C 6 From: Erik Montague, Finance Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -094: Relating to Purchasing; waiving bid procedures for the purchase of a used Ford Explorer and a used passenger van or similar vehicle; authorizing the Finance and Purchasing Director to proceed with a modified competitive process Discussion: Considerable investment has been made in the development of a vehicle replacement program for the Town over the past number of years. Fleet maintenance and vehicle replacement is a critical component in providing effective service to Town citizens. While vehicles are usually replaced with new units, it is occasionally advantageous to purchase a used, high quality vehicle. Town Code Section 3 -4 -6 (B) provides that the Council may elect to waive formal bid procedures for the purchase of used equipment. Staff is seeking Council's waiver of bid procedures for the purchase of the following used vehicles for the following departments: Police Department During fiscal year 2011 -2012, fleet management and the Police Department identified the need to distinguish Volunteers in Police Service (VIPS) vehicles from other police vehicles. The previous standard for the VIPS vehicles were older Ford Crown Victoria patrol units which had been replaced with new units and retained. The VIPS' use of the Ford Crown Victoria provided the opportunity for confusion to the public as the VIPS members may be mistaken for sworn police officers. As a result of that concern, a mid -sized sport utility vehicle was identified as the preferred new vehicle for VIPS. Currently there are two 2010 Ford Explorers which have been reassigned and modified to fit the needs of the VIPS unit. A third VIPS vehicle is scheduled for replacement this fiscal year and staff is seeking Council's approval to waive bidding procedures related to the acquisition of a used Ford Explorer to match the two existing VIPS vehicles. Parks and Recreation The Town was successful in purchasing 28 acres of state land on the site of the Marana Heritage River Park in May 2012. Soon thereafter, the Town began working with the University of Arizona's Drachman Institute to improve the existing master plan for the property. Additional resources are required to maintain the property. Staff is seeking Council's approval to waive bidding procedures related to the acquisition of a used passenger van or similar vehicle to be used to transport additional labor from the Marana Correctional Treatment Facility to the Marana Heritage River Park and /or other appropriate job locations in Town. The Town has learned that a suitable used vehicle may be available from the University of Arizona. Regular Council Meeting - November 20, 2012 - Page 45 of 68 The resolution, if approved, will allow for the Finance and Purchasing Director, in consultation with the Facilities and Fleet Manager, to identify vendors based on a modified, competitive process deemed advantageous to the Town. Financial Impact: Staff anticipates that the used Ford Explorer can be purchased for the not -to- exceed amount of $25,000. The not -to- exceed cost related to the purchase of the used Ford Explorer is included in the adopted fiscal year 2012 -2013 vehicle replacement cycle and budget. The not -to- exceed cost of the used passenger van or similar vehicle is expected to be $10,000 and will be absorbed within the department's budget through a budget transfer between appropriate line items. ATTACHMENTS: Name: Description: Type: Purchase of Used Vehicle Resolution.doc Purchase of Used Vehicle Resolution Resolution Staff Recommendation: Staff recommends waiver of bid procedures for the acquisition of the two used vehicles. Suggested Motion: I move to adopt Resolution No. 2012 -094, waiving bid procedures for the purchase of a used Ford Explorer and a used passenger van or similar vehicle and authorizing the Finance and Purchasing Director to proceed with a modified competitive process. Regular Council Meeting - November 20, 2012 - Page 46 of 68 MARANA RESOLUTION NO. 2012-094 RELATING TO PURCHASING; WAIVING BID PROCEDURES FOR THE PURCHASE OF A USED FORD EXPLORER AND A USED PASSENGER VAN OR SIMILAR VEHICLE; AUTHORIZING THE FINANCE AND PURCHASING DIRECTOR TO PROCEED WITH A MODIFIED COMPETITIVE PROCESS WHEREAS the Town desires to purchase a Ford Explorer for use by the Marana Police Department's Volunteers in Police Service (VIPS) program and a passenger van or similar vehicle for use by the Parks and Recreation Department; and WHEREAS the Finance and Purchasing Director and the Facilities and Fleet Manager believe that it will be advantageous to the Town to purchase the aforementioned vehicles used; and WHEREAS Section 3- 4 -6(B) of the Marana Town Code provides that upon recommendation of the Town Manager, the Town Council may elect to waive bid procedures with respect to the purchase of used equipment; and WHEREAS the Town Manager recommends that the Council waive bid procedures with respect to the purchase of the two used vehicles; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the public are served by adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby waives bid procedures for the purchase of a used Ford Explorer and a used passenger van or similar vehicle and authorizes the Finance and Purchasing Director to proceed with a modified competitive process deemed advantageous to the Town for purchase of the used vehicles. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. Marana Resolution No. 2012 -094 11/15/2012 Regular Council Meeting - November 20, 2012 - Page 47 of 68 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of November, 2012. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Rsolution No. 2012 -094 2 11/15/2012 Regular Council Meeting - November 20, 2012 - Page 48 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council Item C 7 From: Curt Woody, Economic Development Manager Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: The Commerce Focus Area identifies a strategy to solidify partnerships throughout the State and region that will assist Marana in commercial and industrial development activities. Subject: Resolution No. 2012 -095: Relating to Economic Development; appointing the Mayor as the Town's representative on the Board of Directors of Tucson Regional Economic Opportunities, Inc. (TREO), and authorizing Town staff to engage with TREO in economic development activities that benefit the Town and the region Discussion: As one of the fastest growing communities in the Southwest with a population near one million, local community and business leaders recognized the need for a single, focused economic development effort to ensure sustainable vitality for the region's future. Consistent with a national trend toward a regional approach to economic development, Tucson Regional Economic Opportunities, Inc., or TREO, was formed July 1, 2005 as a private, nonprofit corporation to serve as the lead economic development agency for the greater Tucson area. On September 10, 2012 TREO announced that it was restructuring the organization's model to allow greater access, streamlined focus and greater tools to advance economic development in Southern Arizona. In an effort to strengthen the regionalism approach, local municipalities will no longer be charged to participate in TREO and each local jurisdiction has been invited to serve on the TREO Board of Directors. This includes the following local municipalities: City of Tucson, Town of Oro Valley, Town of Marana, City of South Tucson and Town of Sahuarita. In addition, local Native American tribes and nations have been invited. Financial Impact: In lieu of membership funds, TREO suggests that each municipality create incentive tools to attract, retain and expand primary job employers. The Marana Town Council recently approved a revision to the Marana Job Creation Incentive Program which will attain the desired goal. ATTACHMENTS: Name: Description: Type: a RSO 20121120 TREO Participation TREO Participation Resolution Resolution (00032201).doc Regular Council Meeting - November 20, 2012 - Page 49 of 68 Staff Recommendation: Town staff recommends approval of Resolution 2012 -095, appointing the Mayor as the Town's representative on TREO's Board of Directors and authorizing Town staff to engage with TREO in economic development activities that benefit the Town and the region. Suggested Motion: I move to adopt Resolution 2012 -095, appointing the Mayor as the Town's representative on TREO's Board of Directors and authorizing Town staff to engage with TREO in economic development activities that benefit the Town and the region. Regular Council Meeting - November 20, 2012 - Page 50 of 68 MARANA RESOLUTION NO. 2012-095 RELATING TO ECONOMIC DEVELOPMENT; APPOINTING THE MAYOR AS THE TOWN'S REPRESENTATIVE ON THE BOARD OF DIRECTORS OF TUCSON REGIONAL ECONOMIC OPPORTUNITIES, INC. (TREO), AND AUTHORIZING THE MAYOR AND TOWN STAFF TO ENGAGE WITH TREO IN ECONOMIC DEVELOPMENT ACTIVITIES THAT BENEFIT THE TOWN AND THE TUCSON REGION WHEREAS Tucson Regional Economic Opportunities, Inc. (TREO) was formed July 1, 2005 as a private, nonprofit corporation to serve as the lead economic development agency for the greater Tucson area; and WHEREAS TREO has announced that its organizational model is being restructuring to allow greater access, streamlined focus, and greater tools to advance economic development in Southern Arizona; and WHEREAS, as part of this process and in an effort to strengthen its regional approach, TREO has invited each local jurisdiction to appoint a member to serve on the TREO Board of Directors without being charged to participate in TREO; and WHEREAS the Town Council finds that the Town's participation in TREO is consistent with and beneficial for the economic development goals of the Town and the Tucson region. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Mayor is hereby appointed as the Town of Marana's representative on TREO's Board of Directors, and the Mayor and Town staff are hereby authorized to engage with TREO in economic development activities that benefit the Town and the Tucson region. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of November, 2012. Ed Honea, Mayor ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2012 -095 11/14/2012 5:34 PM FJC Regular Council Meeting - November 20, 2012 - Page 51 of 68 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council From: Keith Brann, Town Engineer Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area - Additional Information: N/A Item C 8 Subject: Resolution No. 2012 -096: Relating to Development; approving a release of assurances for San Lucas Block 5 and acceptance of public improvements for maintenance. Discussion: This Resolution will release the Assurance between Willow Bridge, LLC. and Fidelity National Title Agency Inc., under Trust No. 60,366 and the Town of Marana, regarding San Lucas Block 5 as depicted on Exhibit A. San Lucas Block 5 is comprised of lots 1 through 60 and Common Areas `A ", `B' , `C' and `D' and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 79. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.54 miles of the following paved streets as shown on Exhibit A: Brown Ware Street Bronze Statue Avenue Bronze Statute Court Serrated Flint Street Recovered Fossil Avenue Arrow Shard Avenue The Town accepts for maintenance, a potable water system including 3,091 if of potable water line and 2,876 if of non - potable water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $291,504.60. Financial Impact: Budgeted to Operations and Maintenance ATTACHMENTS: Name: Description: Type: a Release of Assurances for San Lucas Block Resolution.doc Release of Assurance for San Lucas Rsolution Resolution 0 Exhibit A Map.pdf San Lucas Blk 5 Location Map Exhibit Staff Recommendation: Regular Council Meeting - November 20, 2012 - Page 52 of 68 Staff recommends Mayor and Council release the Assurance for San Lucas Block 5 and accept the public improvements for maintenance. Suggested Motion: I move to adopt resolution 2012 -096 Regular Council Meeting - November 20, 2012 - Page 53 of 68 MARANA RESOLUTION NO. 2012-096 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR SAN LUCAS BLOCK 5 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, San Lucas Block 5 is a 17.6 acre subdivision located south of Cochie Canyon Trail and west of Postvale Road, containing lots 1 - 60, and common areas `A', B', `C' and `D' and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 78; and WHEREAS, the Town has an Assurance Agreement assuring the completion of public improvements; and WHEREAS, Willow Bridge, LLC, and has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for San Lucas Block 5; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. San Lucas Block 5 is hereby released from the Assurance Agreements with Fidelity National Title Agency Inc. under Trust 60,366. SECTION 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.54 miles of the following paved streets as shown on Exhibit A: • Brown Ware Street • Bronze Statue Avenue • Bronze Statute Court • Serrated Flint Street • Recovered Fossil Avenue • Arrow Shard Avenue SECTION 3. The Town accepts for maintenance, a potable water system including 3,091 if of potable water line and 2,876 if of non - potable water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $291,504.60. Marana Resolution No. 2012 -096 1 11/15/2012 Regular Council Meeting - November 20, 2012 - Page 54 of 68 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of November, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2012 -096 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 11/15/212 Regular Council Meeting - November 20, 2012 - Page 55 of 68 LE mom m1bmmommol 0 0 MOMMEME 0 MENEM MENEM 0 ON = I I � 1- ITS �'- C_ Mi A1 kk ME 0 -- I Z%N M Z t7,00 N - F: 0,1i _ :: -A im 1 - 1 ���� { •'y� V���Y - '� -°,�. 1. v, �. - '.e� i � '-�a., ..? -o�.v y h� � r ?ref I I 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 20, 2012, 7:00 PM To: Mayor and Council Item C 9 From: Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Approval of Special Meeting Minutes for October 16, 2012 and November 7, 2012 and approval of Regular Session Meeting Minutes for November 7, 2012. Discussion: ATTACHMENTS: Name: Description: Type: 1111 Special Meeting Minutes 10-16 - 2012.doc Special Meeting Minutes 10 -16 -2012 Cover Memo 0 Special Meeting Minutes 11- 7- 2012.doc Special Meeting Minutes 11 -07 -2012 Cover Memo 0 11 -07- 2012 Regular Council Meeting Minutes.docx Regular Session Meeting Mintues 11 -07 -2012 Cover Memo Staff Recommendation: Suggested Motion: Regular Council Meeting - November 20, 2012 - Page 57 of 68 MARANA TOWN COUNCIL SPECIAL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 16, at or after 6:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor Dave Bowen, Council Member Herb Kai, Council Member - Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler_ Council Member SPE 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 October 16, 2012, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN B AGENDA. ANY ITEM LISTED ON THIS Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. The Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (5'20) 382 -1999. Requests should be made as early as possible to arrange the accommodation. This Notice and Agenda Posted no later than Monday, October 15, 2012, 6:00 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. CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:01 p.m. Town Clerk Bronson called roll. Council Members Ziegler and Bowen were delayed. There was a quorum present. EXECUTIVE SESSION. Upon motion by Council Member Post, second by Council Member McGorray, the Council adjourned to executive session. Passed unanimously 5 -0. Council Special Meeting — October 16, 2012 — Page 1 of 2 Regular Council Meeting - November 20, 2012 - Page 58 of 68 Member Ziegler arrived at the Executive Session at 6:06 p.m. and Council Member Bowen arrived at the Executive Session at 6:08 p.m. Council Member Kai was excused from the executive session due to a conflict of interest. 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. A. 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 110381; (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,_,_'___ ADJOURNMENT. Upon motion by Council. McGorray, the meeting adjourned at 6:40 p.m. CERTIFICATION I hereby certify that the foregoing are the true and c special meeting held on October 16 2010. 1 further Jocelyn C. Bronson, by Council Member tes of the Marana Town Council a quorum was present. Special Meeting — October 16, 2012 — Page 1 of 2 Regular Council Meeting - November 20, 2012 - Page 59 of 68 MARANA TOWN COUNCIL SPECIAL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 7, 2012, at or after 6:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor Dave Bowen, Council Member Herb Kai, Council Member - Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler_ Council Member SPE 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 October 16, 2012, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN B AGENDA. ANY ITEM LISTED ON THIS Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. The Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (5'20) 382 -1999. Requests should be made as early as possible to arrange the accommodation. This Notice and Agenda Posted no later than Monday, October 15, 2012, 6:00 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. CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:01 p.m. Town Clerk Bronson called roll. All Council Members were present. Special Meeting November 7, 2012 — Page 1 of 2 Regular Council Meeting - November 20, 2012 - Page 60 of 68 EXECUTIVE SESSION. Motion to go into executive session by Council Member McGorray, second by Vice Mayor ComerfortL Passed unanimously. Council Member Kai was excused from the executive session for conflict of interest. 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. A. 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 coll ADJOURNMENT. Motion to adjourn in Council Member McGorray. Passed unan CERTIFICATION I hereby certify that the foregoing are th Marana Town Council held on Novemb Jocelyn C. Bronson, T and treatment to the Town of Marana by Vice Mayor Comerford, second by of a special meeting of the that a quorum was present. Special Meeting November 7, 2012 — Page 1 of 2 Regular Council Meeting - November 20, 2012 - Page 61 of 68 REGULAR COUNCIL MEE MINUTES 11555 W. Civic Center Drive, Marana,' Council Chambers, November 7, 2012, al Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Membc Herb Kai, Council Member 'arol McGorray, Council Memt Jon Post. Council Member COUNCIL MEE 85653 7:00 PM CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Discussion to amend the agenda by moving Item D 1 prior to the Council Action A 1. Motion to approve as amended by Vice Mayor Comerford, second by Council Member McGorray., Passed unanimously. CALL TO THE PUBLIC. David Morales spoke on behalf of the proposed South Central Regional Veterans' Cemetery, including access. Ed Stolmaker and JoAnne Westerman from the Marana Chamber of Commerce presented Mayor Honea with a "Man of the Year" sash which can be handed down from recipient to recipient each year. Mr. Stolmaker was the 2011 Man of the Year. PROCLAMATIONS Meeting Minutes for November 7, 2012 1 Regular Council Meeting - November 20, 2012 - Page 62 of 68 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Vice Mayor Comerford congratulated the many staff, headed up by Community Services Director T.VanHook, Melanie Nelson, Addie Martin, 7R Burns, Bill Lorefice, Raschel Weinzapfel and other staff, who participated in the neighborhood cleanup in Honea Heights on Saturday. She noted that there were about 200 volunteers in total. The Westfall's hosted a barbeque lunch at their home and served all of the volunteers. On Monday, she and the Mayor and Council Member McGorray attended a Pima Council on Aging (PCOA) meeting at the senior center on the various needs of seniors in our area. Today she attended a police multi- housing crime prevention program. She noted that Officer Lori Shepard and her staff are working hard to bring value to our multi- housing community which certifies them as safe communities. Vice Mayor also congratulated Gilbert Davidson and Del Post on their community updates throughout the community, especially as they relate to our budget and wastewater issues. Council Member Bowen said that he had taken members of his family to the Pumpkin Patch Festival at Post Farms and was very impressed with the caliber and abundance of great activities. He intends to make this part of his fall celebrations in years to come. Mayor Honea, reported that he, too, felt the neighborhood community clean -up day was very successful and especially helpful to the residents of the oldest neighborhood in Marana. It really helped a lot of older people who are unable to do a lot of the heavy lifting necessary to maintain their properties. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson reported on the annual tree lighting and holiday festival coming up on December 1, 2012 from 4 -8 p.m. in the courtyard of the Marana Municipal Complex. There will be a number of community groups performing as well as vendors selling food. The Council will be doing the tree lighting at about 5:45 p.m., and Miss Arizona 2012 will be the host of the ceremonies. This weekend the town is hosting the annual Tequila Cup — an aerobatics /air race at the airport. The airport director is doing a phenomenal job bringing in groups like this to add to the local economy. November 12 is a staff holiday except for essential services. A study session is scheduled for November 13 at 6:00 p.m The Council Executive Report is on the dais, and there is a highlight of the Veterans' Cemetery included with maps as well as the access issue PRESENTATIONS P 1: Relating to Budget; an update of the Town's financial status of the General Fund for the first quarter of the 2012 - 2013 fiscal year. Presented by Erik Montague. This is a preliminary report of the results for the first quarter of the new fiscal year. The focus will be on the General Fund. Within the council packet is included a Budget in Brief. He focused his discussion on the bid three revenues — sales taxes, intergovernmental revenues and licenses, permits & fees. All other revenues comprise about 8% of the budget. He also presented a graph of the year over year change. For the first three months, contracting sales tax is about 18% lower. We are seeing some shift in dynamics with this category. Most of the volatility in this area is a result of one large construction project —the wastewater treatment facility. This is still a manageable category. Retail is up about 11% and restaurants are up about 8% with the addition of some new businesses. For overall collections, we're a little higher year over year, but this is just one element of the overall health of the budget. For all revenue categories, we're up and this is very encouraging. Shared revenues — we are about on the mark and could pick up with holiday sales. Meeting Minutes for November 7, 2012 2 Regular Council Meeting - November 20, 2012 - Page 63 of 68 The health of the HURF fund is good at about 26 %, and this is critical for maintaining roadways. In the category of licenses, permits & fees, overall the category is higher than budget expectations. There are other positive signs. For example, single family resident new permits, and commercial grading permits. Some of the expenditures are lagging due to timing, but he expects those to come in at budget projections. At least half of the transfers will occur by December. We're about $2.3M to the good for the period ending in September. Resources have been set aside for payments as they occur — mostly in December. He responded to a question from Council Member Bowen on Sales Tax slide for year over year collections. CONSENT AGENDA. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously. C 1: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 - Termination of Employment, Section 8 -2 -3 "Final Pay Check" C 2: Resolution No. 2012 -081 Relating to Per the Town's Personnel Policies and Procedures, deleting Policy 7 -2 "Return to Work" C 3: Resolution No. 2012 -082 Relat donation campaign in support of the participation by Town of Marana em mel; approving and adopting amendments to vising Chapter 4 - Employment Benefits and iunity Development; approving' an employee of Tucson and Southern Arizona for C 4: Resolution No. 2012 -083 Relating to development; approving and authorizing the execution of a development agreement regarding development impact fee credits for the Gladden Farms II development project C 5 Resolution No. 2012 -084 Relating to Utilities; approving and authorizing the Mayor to execute the First' Amendment to Town of Marana Agreement for Construction of Potable and Non - Potable Water Facilities and Provision of Water Utility Service for Gladden Farms C 6: Resolution No. 2012 -085 Relating to Real Estate; approving and authorizing the Mayor to execute a lease and use agreement between the Town of Marana and the Gladden Farms Community Association for use of the Heritage House at the Marana Heritage River Park C 7: Resolution No. 2012 -086 Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Arizona Department of Fire, Building and Life Safety, Office of Manufactured Housing to enforce installation standards C 8: Approval of Minutes for October 16, 2012 Mayor Honea noted that with respect to Item C 3, relating to the United Way, George Kennedy who is on the executive board for the United Way, is in the audience. He asked Amanda Jones to explain how the town moved forward with this item. She noted that this resolution is the implementation of a new voluntary employee campaign. The campaign will be entirely online Meeting Minutes for November 7, 2012 3 Regular Council Meeting - November 20, 2012 - Page 64 of 68 and will start November 8 and run through November 21. There will be several options of how to donate. Dana Doss, the senior vice president for United Way, Tucson and Southern Arizona. He thanked everyone for their support. Over $330M has been contributed to various organizations over the years. Their goal this year is to collect $10M. He then presented the Mayor with a Live United t -shirt. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Item D 1. was heard at this time. Gilbert Davidson is the second Forum for this calendar year. He was session and had some good dialog and discussion. Jc Citizens' Forum reporting group. Mr. Officer prese Reporting Group and Participants for the Fall session resources." He then commented on the outstanding j, Rogers, the recorder for the session, who put their cc understanding. The group three times as a full group at the end of the first meeting is that the Council and right now — especially within the Strategic Plan. A c worked on were Education and Economic Developi partner with career services and do something to acq a campus in this area so that people can go to school already there such as with Marana Unified School D understanding the current economic limitations '- ex] is advertised. There needs to be a tie -in with ADOT Another thing was expanding' advertising at the airpc /e a preview of the Citizens' Forum. This e to sit in and participate in a couple of i Officer was the spokesperson for the ;d several slides, starting with the The topic was "how can we manage out of Mr. Keyes, and magician James ments into a semblance of order and .d twice as a reporting group. The group off is doing a great job with what we have ple of broad suggestions that could be nt. The Forum felt that the Town could - e one of the four -year universities to have the evenings. Utilize partners that are rict. Regarding economic development, iding the market presence; how the Town d businesses to advertise on the interstate. A 1: Resolution No. 2012 -087 Presentation: Relating to Economic Development; adopting the Marana Job Creation Incentive Program and authorizing the Town Manager to administer it. Presented by Curt Woody. Two of the five focus areas have specific action strategies to attract career - oriented commerce. A task force was convened to look at incentives speed up that process. Two of the six ideas that came to the forefront. One of the ideas will take considerably more time to develop, so the consensus was to look at something within the existing job creation program to improve upon. In the past two and a half years, only one company qualified within this program. He discussed the current elements under Resolution No. 2010 -83. The proposal is to reduce the $2M investment requirement to $1M, which creates roughly $24K in sales tax revenue, and reducing the number of permanent jobs from 25+ to 10+ which pay at least $40K. If they meet those minimum qualifications, they could submit for reimbursement the sales tax revenue for employee relocation expenses, I -10 corridor beautification, student internship & training and job training. Added to the I -10 corridor beautification was "main arterial roadways." A fifth element "sustainable development" was added. This was not added as a way for a Meeting Minutes for November 7, 2012 4 Regular Council Meeting - November 20, 2012 - Page 65 of 68 company to throw some solar panels on top of a building and ask for reimbursement. This is for an entire design concept — if solar is part of that concept — to be it. But it has to do with actual costs associated with solar or wind energy improvement, low environmental impact development and other green industry best practices. One of the reasons this was brought forth is that within the last 10 years there has been a big push in the industry for LEED certification buildings — green industry practices is taking off nationally. Council Member McGorray expressed her enthusiasm for this revision. Council Member Bowen asked how the word is getting out about this program, to which Mr. Woody responded that there are numerous opportunities to give presentations within our region — and that is the best way. Mr. Davidson said that this will be on our website which is dedicated to our business development. Any partnerships we have, we'll make sure to provide information to TREO or other releases to publications within southern Arizona. N the presentation to Council Members to use when tl Member Ziegler asked if anyone else has used this er, Sargent ,tated that Woody responded that last week there was a convening of peers in the ( world within Central Arizona, which will occur on a monthly', basis. He that none of them are doing this advantage of this so far. Mr. D City of Tucson and Oro Valley limits have come down. Motion to approve unanimously. A 2: PUBL] Land Devel+ Qualifying Event Directional -I defining standards and regulat establishing an effective date. Resolution No. 2012 -088 Rel Development Code of the Toy Section 16 -05 -01 and establis] Clerk. The Town will put out press .,ed for color hard copies of y are out in the cc rouam besides S very si the only ity. Council Controls. Mr. mic development A to them and said )anv that has taken Council approved this policy, She was glad to see that the Member Post. Passed 1o. 2012.10: Relating to Development; amending the ,) by adding a sign type definition for'Temporary ection 16 -05 -01 and establishing Section 16 -14 -29 ;mporary Qualifying Event Directional Signs, and to Development; declaring the amendments to the Land ' Marana Title 16 (Signs) adding a sign type definition to Section 16 -14 -29 as a public record filed with the Town Mayor Honea opened the public hearing. No member of the public asked to speak. Presented by Brian Varney. He noted that this is a temporary amendment for placement of signs within the Town's right of way. The purpose is to direct the public to qualifying events such as residential open houses, garage sales and other commercial and quasi - commercial events that typically take place in residential neighborhoods. The request includes provisions for non - profit and religious organizations. The Planning Department has worked extensively with other departments to control signage. He presented slides showing various types of signs and the types of roads with and without curbs showing maximum sizes of signs for each type of road and the distance for Meeting Minutes for November 7, 2012 5 Regular Council Meeting - November 20, 2012 - Page 66 of 68 placement of signs. Signs would not be allowed in the median areas, such as on Twin Peaks as well as paver medians. The Planning Commission unanimously recommended approval, and if this is approved by Council, it's automatically set up to expire a year from the date that it's approved. At that time staff would have time to evaluate it and decide whether to come back to Council and ask for an extension. Mr. Cassidy made a couple of revisions to the ordinance. The ordinance will actually be effective December 8, 2012. The same issue comes into play with Exhibit B to the corresponding resolution. It actually sunsets a year after it becomes effective — December 8 Mayor Honea closed the public hearing. There were no questions from Council. Motion to approve the Ordinance and Resolution with revisions noted by Mr. Cassidy by Council Member Bowen, second by Council Member POSE Passed unanimously. A 3: Ordinance No. 2012.11 Relating to Elections; authorizing the placement of a measure on the March 12, 2013 Town of Marana primary election ballot for the purpose of voting upon whether the Town of Marana shall be authorized to acquire and operate the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it; and declaring an emergency. Presented by Frank Cassidy. He noted that this is a re- adoption of an ordinance which Council approved when they were considering placing this item on the November ballot. Adoption of the ordinance tonight will allow staff to place this on the March 12, 2013 ballot. It's been tweaked a bit based on the County's briefing in the Supreme Court. Motion to approve with Council Mem ITEMS F D 1: Presentation: consideration of r Forum topic "mar D 2: Relating to all pending state, fedc meetings of other gov successful local candi due to a conflict of i. Member Bowen. Passed 6 -1 Ming to Boards, Commissions and Committees; discussion and mendations from the Fall 2012 Marana Citizens' Forum regarding the our local resources ". See above. ation and Government Actions: Discussion and possible action regarding al, and local' legislation /government actions and on recent and upcoming rnmental bodies. No report, although Mayor Honea did note some of the ates as a result of last night's election count. 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. Changed Meeting Minutes for November 7, 2012 6 Regular Council Meeting - November 20, 2012 - Page 67 of 68 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 ofMarana v. Pima County /Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. I CA CV 110381; (2) the lawsuit entitled Pima County v. Town ofMarana, Pima County Superior Court No. 020116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition ofMarana wastewater collection and treatment to the Town ofMarana Changed FUTURE AGENDA ITEMS. Vice Mayor Comerford asked for an item to be placed on the next regular Council agenda regarding the option of closing Town Hall on December 24, 2012 Council Member McGorray concurred. Staff will do some due diligence and bring the item back for discussion at the next regular meeting on November 20, 2012. 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. Motion to adjourn by Vice Mayor Comerford, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 7, 20111 further certify that a quorum was present Jocelyn Bronson, Town Meeting Minutes for November 7, 2012 7 Regular Council Meeting - November 20, 2012 - Page 68 of 68