The URL can be used to link to this page

Home My WebLink About11/19/2013 Council Agenda Packet1��,4RANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 19, 2013, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Cauncil Member Carol McGorray, 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 19, 2013, 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 COIJNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics_ As A courtesv to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Tawn Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Camplex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Tawn 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 Cauncil or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability tnay request a reasonable accommodation, Ftegular Gouncil Meeting - November 19, 2013 - Page 1 of 165 such as a sign language interpreter, by contacting the Town Clerk at (520) 382-i999. 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 18, 2013, 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 TQ ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INV�CATION/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 ta the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public wi11 not be provided with electronic technology capabilities beyond the existing voice amplificatian and recording capabilities in the facilities and the Town's overhead prajector/document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of CaII 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 C�UNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally rautine items not requiring Council discussion. A single marion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ardinances. 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 l: Resolution No. 2013-101: Relating to Regional Economic Development; supporting the mission and continued operations of the Davis-Manthan Air Force Base (Hilary Hiser) Regular Council Meeting - November 19, 2013 - Page 2 of 165 C 2: Resolution No. 2013-102: Relaring to Personnel; repealing the salary schedules approved pursuant to Marana Resolution No_ 2013-061 for classified and temporary employees for fiscal year 2013-2014; and designating an effective date (Suzanne Machain) C 3: Resolution No. 2013-1Q3: Relating to Technology Services; authorizing the Town Manager or the Technology Services Director to execute all agreements and ather documents related to the Federal Communications Commission (FCC) reconfiguration of the 8Q0 MHz band licensed to the Town of Marana and to take all other actions necessary to implement the band reconfiguration consistent with budget capacity and authority (Jane Fairall) C 4: Resolution No. 2013-104: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction and design for the El Rio Park to Avra Valley Shared Use Path (Keith Brann ) C 5: Resolution No. 2013-105: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transporta.tion Authority and the Town of Marana for design and construction of improvements to Ina Road right turnbays onto Thornydale Road (Keith Brann) C 6: Resolution No. 2013-106: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for design and construction of improvements to Ina Road sidewalk (Keith Brann) C 7: Resolutian No. 2013-107: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for design and construction of the Sandario Road Sidewalk-Path (Keith Brann) C 8: Resolution No. 2013-108: Relating to the Police Department; approving and authorizing the Town Manager ta execute a Subgrantee Agreement with the Arizona Department of Homeland Securiry for purposes of receiving funds under the 2013 Operation Stonegarden Grant Program (T VanHook) C 9: Resolution No. 2013-109: Relating to Public Works; approving and authorizing the implementation of a revised Capital Improvement Program Manual to assist in the coordination of communiry planning, financial capacity and physical development of the Town of Marana (Keith Brann ) C 10: Approval af November 5, 2013 draft meeting minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Jesse Craig on behalf of Valley Christian Church for a special event to be held an December 15, 2013 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Ordinance No. 2013.026: Relating to the Police Department; amending the Marana Regular Council Meeting - November 19, 2013 - Page 3 of 165 Town Code, Title 4, Chapter 4-1, by repealing Town Code Section 4-1-8, entitled "Public safety employee-employer relations; meet and confer"; and designating an effective date. (Terry Rozema) ITEMS FOR DISCUSSION/POSSIBLE ACTION D I: Presentation: Relating to Utilities; discussion, consideration, and possible action regaxding the option of providing wastewater service to the Saguaro Bloom development area. (John Kmiec) D 2: Relating to Parks & Recreation; Discussion and possible action concerning the Tortolita Preserve Iease with the Arizona State Land Department (Frank Cassidy} D 3: Relatin tg o Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council rnay vote to go into executive session, which wiil not be open to the public, to discuss certain matters. E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Cotmcil 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 and consultation with tke Town`s attorneys far legal advice and to consider the Town's position and instruct its representatives regarding pending negotiations with the Arizana State Land Department concerning the Tortolita Preserve Lease. FUTURE AGENDA ITEMS Natwithstanding 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 meering after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Regular Council Meeting - November 19, 2013 - Page 4 of 165 _� NOVEMBER 19, 2013 GOOD EVENIlVG TO YOU, MR MAYOR, AND MEMBERS OF 'THE COUNCII, I'M TOM HANNAGAN AND HAVE A HOME IN TI� HIGHLANDS AT DOVE iT��iL��l��«i`I REGARDING CONSERVATION OF THE (?PEN SPACE KNOWN AS THE TORTOLITA PRESERVE I VERY MLTCH APPRECIATE THE MAYOR, COUNCII. MEMBERS AND TOWN STAFF COMING TO TI-� HIGHI,ANDS TO E�LAIN TI� STATUS OF TI� PRESERVE ON TUESDAY AFTERNOON NOVEMBER 6�'_ THE PRESENTATION WAS VERY WELL ATTENDED DUE TO THE LEVEL OF CONCERN FOR THE PRESERVE ON THE PART OF CITIZENS IN TF� D4VE MOUNTAIN AND SURROUNIDING AREAS. THE TOWNS PRESENTATION WAS INFORMATIVE, COMPREHENSIVE AND VER� PROFESSION. A LIST ClF CONCLUSIONS FROM THE EVENT INCLUDE: 1) CITIZENS AT THE MEETING WERE AND ARE ULTA-SENSITIVE TO ANY POSSIBILITY QF TI-� PRESERVE BEING ABANDONED OR ACTIONS BEING TAKEN THAT MIGHT LEAD TO THE LOSS OF THIS OPEN SPACE. 6) IT IS CONCIEVABLE SUCH MAGNAI�TIlVIOUS COOPERATION FROM ARIZ4NA WILL LIKELY REQUIRE A MOTNATION FAR BEYOND ASSISTING MARANA VVITH ITS COST ISSUES. 7) TO SAY THE LEAST, TI� CITIZENS OF MARANA DEMONSTRATED A SIGNIFICANT LEVEL OF PENT UP ENERG� AT THE NOVEMBER 6�' MEETING ANLD COULD BECOME A KEY ALLY OF TI-� TOWN COUNCIL TO HELP INFLUENCE ARIZONA PUBLIG POLICY. 8) TI� CITIZENS OF MARAIVA VERY MUCH �VANT TO BELIEVE IN THE GOOD I]VTENTIONS OF TI-� MAYOR AND TOVVN COIJNCII. IN THIS MATTER AND LIKEL� WOULD COOPERATE IF MUTUAL GQALS ARE CLEARL� ALLIGNED. IT IS THEREFORE REQUESTED THAT THE TOWN COUNCIL, BY FORMAL RESOLUTION, CLEARLY STATES THAT ITS GOAL IS TO MAINTAIN THE TORTOLITA PRESERVE LAND AS AN OPEN SPACE IN PERPETUITY. A FORMAL ACTION ON THIS POINT WILL 1} CONFIRM FOR ALL, THE PRESERVATION GOALS THAT WERE PRESENTED TO US ON NOV 6th, 2) REMOVE RESIDUAL DOUBT ABOUT ALTERNATIVE LAND USAGE, 3) GIVE TI-� EFFORTS TO CHANGE THE LEASE A MUCH LARGER AND MORE WORTHVVHIIlE PURPOSE, AND 4) OPEN THE WAY FOR MARANA, ALQNG WITH ITS CITIZENS, TO WORK AS A TEAM TOWARDS A COMMON GOAL. SUCH A RESOLUTION, OF COURSE, NEED NOT IlVIPAIR AT ALL THE TOWN' S ABILITY TO FURTHER DEVELOP THE TANGERINE AND I10 CORRIDORS. IT WOULD ACTUALLY INCREASE THE ATTRACTIVENESS OF TI�SE AREAS. THE MARANA TOWN COUNCIL HAS ACCOMPLISHED MUCH IN A RELATIVELY SHORT TIME. ETdHANCING THE SIZE AND PERM��NENCY OF TI� TORTOLITA PRESERVE, ANLI TORTOLITA FAN, AS OPEN LAND WCIULD BE ONE OF MARANA'S MOST IMPRESSIVE AND LASTING ACHIEVEMENTS. flll:�_111:i`(�li� 11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: From: Mayor and Cauncil Hilary Hiser, Records Administrator Strategic Plan F'ocus Area: Commerce Item C 1 Subject: Resolution No. 2013-101: Relating to Regional Economic Development; supparting the mission and continued operations of the Davis-Monthan Air Force Base Discussion: As the home of the 355th Fighter Wing and its other nine units, Davis-Monthan Air Force Base is an integral economic center for the residents, businesses, and communities of Pima County. First opened in 1919, Davis-Monthan was the only municipally-owned air field in the nation. On September 23, 1927, Chaxles Lindberg dedicated the field in honor of Tucson pilots and World War I veterans, Lt. Samuel H. Davis and Lt. Oscar Monthan_ By World War II, Davis-Monthan transitioned to a full time military base whose primary mission was to provide bomber crew training for some of history's most staried aircraft including the B-17 Flying Fortress, B-24 Liberator, and B- 29 Superfortress. During its 94 years of continuous operation, Davis-Monthan personnel have supparted military advancements in jet aviation, missile defense, and numerous tactical support functians. Today, Davis-Monthan continues to provide state-of-the-art flight training, aviation maintenance support, and other critically important functions to the United State's Air Force and various federal agencies_ With a facility footprint totaling mare than 10,504 acres, including 519 operational buildings, and over 10,870 military and civilian employees, Davis-Monthan's total economic impact is over $1.1 billion annually. According to the "FY 12 Davis-Monthan AFB Economic Impact Analysis on Tucson," the continued operations of the base provide an esrimated 4,687 indirect jobs in the greater Pima County region with an average annual pay of $42,740_ Davis-Monthan service personnel and their families call Pima County and its communities home. They use the region's many recreational areas, frequent local businesses, and actively participate in local organizations, cementing their commitment to Southern Arizona. Davis-Monthan's continued operations provide Pima County residents a tangible link to our past, present, and future with regard to aviation innovations and sustained economic development. ATTACHMENTS: N�nx�: t� Reso 2013-1€}1 Davis- Monthan.DOC � ._ , 1 � DM Econ. Imaact Anaivsis FY12.pdf �� "�� °�°�'�� °�'�'�� `�`��`�� '�`�? s'�,:�� : . _ , x . Regular Councii Meeting - November 19, 2013 - Page 5 of 165 5taff Recommendation: Staff recommends adoption of Resolution No_ 2013-101, supporting the continued operations of Davis- Monthan Air Force Base due to its critical economic and culturally historic importance for the greater Pima County region. Suggested Motion: I move to adopt Resolution No. 2013-1Q1, supporting the mission of Davis-Monthan Air Force Base. Regular Council Meeting - November 19, 2013 - Page 6 of 1fi5 MARANA RESOLUTIt)N NO. 20i3-101 RELATING TO REGIONAL ECON4MIC DEVELOPMENT; SUPPORTING THE MISSIQN AND CONTINUED OPERATIONS OF THE DAVIS-MONTHAN AIR FORCE BASE WHEREAS Davis-Monthan Air Force Base was established in 1919 and then dedicated in 1927 as Davis-Monthan Landing Field, and is named in honor of World War I pilots Lieutenant Sarnuel H. Davis and Lieutenant Oscar Manthan, both Tucson narives; and WHEREAS the Town Council of the Town of Marana finds that members af the Air Force Base live, work and educate their children within the Town of Marana and the greater Pima County region and are considered an integral part of the cammunity; and WHEREAS Davis-Monthan Air Force Base is a key Air Combat Command installation and the 335th Fighter Wing at Davis-Monthan is a unit providing medical, logistical, mission support and operatianal support to all assigned units. The Wing's missions are to train A-10 pilots to provide close support and forward air control to ground forces worldwide; and WHEREAS in 2012, Davis-Monthan Air Force Base was honored as the best Air Force Base in the world when it collectively earned the Commander-In-Chief (CINC) Installarion of Excellence Award, out of 161 USAF installations eligible for honors; and WHEREAS the Town Council of the Town of Marana finds that Davis-Monthan Air Force Base employs approximately 10,870 persons, military and civilian, and contributes approximately $1.1 billion annually to the economic benefit of the greater Pima County region. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION l. The Town af Marana Mayor and Council hereby recognizes and supports the mission and long term viability of Davis-Monthan Air Force Base and the leadership of Da- vis-Monthan to make the appropriate decisions when balancing National Security and community needs when it comes to their existing and future military mission and assignments_ SECTION 2. The various Town officers and employees are authorized and directed to per- form all acts necessary or desirable to give effect to this resolution. Mazana Resolution No. 2013-101 - 1- Regular Council Meeting - November 19, 2013 - Page 7 of 165 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of November, 2013. ATTEST: Jacelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mazana Resotution No. 2013-I01 - 2- Mayor Ed Honea Regular Council Meeting - November 19, 2013 - Page 8 of 165 Regular Council Meeting - November 19, 2013 - Page 9 of 1fi5 FY 12 Davis-Monthan AFB Economic Impact Analvsis I MESSAGE FROM THE 355th FIGHTER WING COMMANDER E Davis-Monthai� : Anal�s�s„ for £`tsc; sust�in attael� ai� mt�tr�ent`s' natic�: m�rnber 4f Te� l�ten�bers of DNf �� : rc� Base (DM ��`B� �� l��e� tc� :�res�nt its Ec�nomic Impact �� . � '�'he' Wir��'s mi��it�� =; ��loy� emplc��r, supp�art and in sut�� f Cornbatant Gti�nri��tn��rs anywhere in t1��: world. at a the ��ader afthe ecano�� inpa Davis-l�onthan �ir Force �ase and suppc�r�t of �u� locaL �ornm faithfully and c�nsistently �upp� :�. pil�ts �or the C;amb�t Air Farces. Provide �very :il�red, mis�i�n-f��used base support. �� i�i� �h�ildren in the Tucsc�n area. Th�y. take uni�� ;�r� ��vQ�ved with local charitie� : and ��%� i� �£� �rir�ual pubii��tian de�igned to infvrm �� _�a� �n th� ��az��ii�.� �ommunities x t�"��G�� in its �nission w.itht�ut t�e cQ�tribution �� are praud ta be ��art vf a cc�mm�riunity that ili��y. �_: . � KEVIN E. BLANCHA.RD, Col, USAF 355th Fighter Wing Commander 2 Regular Cauncil Meeting - November 19, 2d13 - Page 10 of 165 F� 12 Davis-Monthan AFB Economic Imnact Analvsis I MESSAGE FROM THE DM AFB COMPTR�LLER The 355th Cc (DM AFB) E� pub�� c�ricerr ro -e< �, , This EIA �rovi�� readE relationship ��t�veen our personnel assign�d.,,,to c employed personnel; e�� equipment and supplies; , the DM AFB presence. �ted nu �;�-�:., E .. nthan Air Force Base i�;d' inft��marion . to the ;�:. �,son ar��. '; IA mae�el in o�`de�� to t �aal 'to c4mpare th� t and Closure (BI�A�� tran� argument f4�` the r�avid�s public off�iats Y� economic imnr��t of � �t�nc��iie ant� �upparting es.' It�rris ad�ssed include: �ayrall a� all assigned and �d'p�`ocurement of materials, ae of indirect jobs created by �. � �� SIMON M. SCOGGINS, Lt Col, USAF Comptroller 3 Regular Cauncil Meeting - November 19, 2013 - Page 11 of 165 FY 12 Davis-Monthan AFB Economic Impact Analysis I US AIR FtJRCE CC}RE VALUES �ntegrity first, service before seif, and exce!lence in alt we do � 4 Regular Council Meeting - November 19, 2013 - Page 12 of 185 F� 12 Davis-Monthan AFB Economic Impact Analysis � TABLE OF CQNTENTS Preface Table of Contents � 1 5 6 9 10 11 12 12 12 13 13 14 14 15 21 22 Regular Council Meeting - November 19, 2013 - Page 13 of 165 Part I: BACKGRCIUND History of Davis-Monthan AFB FY 12 Davis-Monthan AFB Economic Impact Analysis HISTO►RY OF DA�IS-MONTHAN AFB ; Davis-Monthan Air Force Base, a key Air Combat Comrnand installation, has a colorful history and a long tradition of excellence in service to our country_ The base was named in honar of Lieutenants Samuel H. Davis and Oscar Monthan, two Tucsonans and World War I era pilots who died in separate military aircraft accidents. Davis, who died in a Florida aircraft accident in 1921, attended the University of Arizona prior ta enlisting in the Army in 1917. Monthan enlisted in the Army as a private in 1917, was commissioned as a ground officer in,��1.8� �d l�.ter b��cne a pitot. I�e was 1��c� in �`�rash of a Martin bomber in Hawa�i ��:1��4. : � � In 1919, T�c, in the natiori; city on Noga Tucson City flying field ir larger locatio the new facili r� �1 ci flying field ��iuth of the In 1925, the R relocate the branch at the -�h dedicated As a result decision to 0 : 41St � .�at��nt afficia�ty announced a �epte��r 194t1, Initially named ��.'t�fLt. Gt�l Ames S. Albrc� on y: �ir B�se, Tuc��n officially dc�uarters ��sumed cornmanc� of ssigned''units, .l st Botnbard��nt -oup, began a�riving. The �r�� ,,,I�B-3(�s A-29s, and Steairn�n �ral �rank D. I��ckland, amived e: E��.ctly six' rnonths late�, O l �� Fi��. The outl�reak af W�rid War II brought mt�,��?�` ��ges to Llavis-MQrithan �5eginining with elements of the'�s�t Bomt��rc�nent Wing'a�t� �3st Bornbardme�t C'.arroup'dep�tng for the Pacific. In January 1942 ju�isc�icti�� of the field tr�sfe�ed �Q�i Fourtfi Air Force to Second Air Force. T'��te f�Ilowing mantl� the 3}�h Barn��rdment t',ar��ip (BG) arrived and immediately began training��.17 �"o,-�F�ss �rid` B-24 L��-��= and crews, initially as an Operational Training Unit (OT�:T��nd `l�ter �ts a I�.��lacement Training Unit (RTU). By mid-year B-24 L iberafor training beca �the st�le inission of the 39 BG as all other flight training was phased out. The B-24 L;berat4�� would fill the skies over the Old Pueblo until late 1944 when the Army Air Force's latest bomber arrived. In December Davis-Monthan became home to the B-29 S uperfortess until V-J Day (Victory aver Japan) in August. With the Japanese surrender came drastic mission changes for Davis-Monthan Field. Non-stop flightiine operatians fell silent with the war's end as Davis-Monthan's mission transitioned fram training to separation and aircraft storage. The period of inactivity ended in March 1946 when the newly activated Strategic Air Command (SAC) assurned control of the base. Two months later two B-29 Bombardment Groups, the 40th and 444th, arrived G Regular Gouncil Meeting - November 19, 2013 - Page 14 of 965 FY 12 Davis-Monthan AFB Economic Impact Analysis � and once again, the sights and sounds of the B-29 S uperfortress filled the skies of the Old Pueblo. Considered under strength, both units were inactivated on 1 October 1946. On the same day, the 43rd Bombardment Group (43 BG) was activated on Davis-Monthan with equipment and personnel from the 40th and 444th transferred to the newly activated unit. Davis-Monthan entered the "Jet Age" in February i 953 when the 303rd Bamb Wing received four Lockheed T-33 S hooting S tars training jets_ The following month three B-47 Strar.ojer.s� the first all jet bomber, arrived and was assigned to the 303rd BW. The decade of transfer of the � the U.S. Air,�'� V�ing (SMW�� (CCT) alsa ret� 4080th Recot�n The 4080th R� equipment of #� Davis-Month; decades. On (TFW) at Da� In early 197�' A-10. ,I� woul , day AFB with the ; this time that �ategic Missile �re�t? Training arrival of the �ing (CCTW). �rersonnel and previous :er Wing i system. Republic 976. It was >e of the tie last A-7D mi�si _,-�� .. , �: The 19�{�s brt�ug�t �everal divers� �i��s tQ I� �w`"T"lie'�3�th Air �i�isi�n a�t�ated Ol January I981 �nii taok jurisdictian over a�1 ��i�ned base u�its. S��rtl� t�`erea�r, the base welcomed th�` ��8th Tactica� Miss�le Training �roup, whi�h trai�e� �he�evvs to operate, rnaintain, and def�� , the Grvund L?iva�ch G�'uise h�ii;�a l�° �y�tern�s >'T"�� ' 41 st Electronic Cambat Squadron, equip�ed�ith t�e EC=�� iCo,�,��sG;C��r �ircraft, arrived next on Ol July 1980, and reported ta the 5��d Airbc�me �WWar�i�g �d Control Wing. One year later, the 868th Tactical Missile Training �c��dron ��e Davis-Monthan its home_ Next, the 602nd Tactical Air Control Wing, respoi�s�l�le for the Air Force's tactical air control system west of the Mississippi River, stood up at D-M on Ol September 1982. In 1984 the T,t�� // wing inactivated, while the cruise missile mission terminated in 1990. Resulting treaties between Russia and the United States concerning cruise missiles meant the base was subject to inspection under the INF and START agreements. In the 1990s, the 355th TTW continued to train A-10 crews for assignments to units in the United States, United Kingdom, and Korea. During this period, the 355th TTW deployed Airborne Forward Air Controllers (FAC) in their OA-10 aircraft to OPERATION 7 Regular Council Meeting - November 19, 2013 - Page 15 of 165 FY 12 Davis-Monthan AFB Economic Impact Analysis I DESERT STORM, providing nearly 104% of this capability to the war_ The next change for the installation occurred on Ol May 1992 when the Air Force policy of "one base-one boss" was implemented. This resulted in all Air Divisions, including the 836th AD, being inactivated. With this action, the 3SSth FW was once again D-M's host wing. Other changes occurred on this day with the 41st Electronic Control Squadron (ECS) and 43rd ECS, flying EC-130E Compass Call aircraft being assigned to the 355th FW; this resulted in its redesignation as the 355th Wing (WG). The attacks on ; ENDURING Fl support, OPE�i� OPERATIC)N I� Wing were ,d�� supporting m�il�: 2003, 2005, and and maintenaric� for another six � Pacific Comm� Bagram AB in over 3,500 co�r Attack Reaue��t� Re�cu� Squ 1�� aircraft �quadr�ns �CG): Whi af the SSth on� flther rr 563�� Resc� Squadz'vns i With --0PERATION tl�r continues to r� �3�[�WN), and ; from 355th uppc�rt missions > wca,�ild follow in �rst:�A-IOC unit �� unit deployed �a, in support of . once again to Bull Dogs flew Joint Terminal li�te missions in �atlignm��ts and Graup (55�� ional contrc�l !�dditionaliy, vation o�'the 7�th Rescue ,:ope�rational he �vin� was once again r�designated as a Fighter Win� t�� pril 2007. �.' v Other units curreri�i� �ssigned tc� Ua.vis-]Vlonthan AF�" are' 12th A,:��eaciquarters, 309th Aerospace Maintenance at�d,�egen��tic�n .(�rirr�aup, SSth El��'�nic Combat Group, 563rd Rescue Group, and the 162nd 1�zc�n� �ir �latiana�°'°�'ruard Alert Detachment. Other federal agencies using the base inciuc�� the Fede�� Aviation Administration and the U_S. Immigration Customs Enforcement (IC�� i� service Branch. Approximately 7,500 military and 1,600 civilian employees work at Davis-Monthan and over 38,000 military rerirees reside in the Tucson area. ,� Regular Cauncil Meeting - November 19, 2013 - Page 36 of 165 FY 12 Davis-Monthan AFB Economic Imnact Analvsis I FQREWClRD DA��IS-Mt�NTHAN ECt31Yt)MIC IMPACT ANAL�SIS Davis-Manthan AFB is home of the 355th FW and its nine major tenant units, to include 12th Air Force Headquarters (AFSOUTH). At any given time, Davis-Monthan AFB has anywhere from 1,000 to 2,000 Airmen deployed around the world engaged in combat operarions. Although these Airmen come from every state in America, they call Tucson home. All are volunteers and most joined after the attacks against our country on _ �.AN� ,�>. September 11, 20Q� . . , y , �� '� Davis-Montha�� FB . is � in��al �� " �� T��son community� T'��e valuable relationshi�.,wit�� T��ani� �i�`��t��ri ArizQna �upporters �e�p u��achieve our mission i�ti � �� ' � �� ` �� „ � �� , The Economi� Ir� �,�t �ln� �x� �� i�ws hc�w Davis-Mc►nthan �FB s e�istence affects � � � � �.. � the local Tucs�n ;�e�ap��t�ii ��, �n Fiscat �'�ar ��, D��is,-�tontha� AFB circulated approximately $1 l ��l��t� �� .6 b�ll��t � � �r��i�� i?�tc� tlie 1€��al community, t1 employed 3,332 ei��; and �r��t��i� �� ,��'� �c�b� in th� C�1� �'ueblo. �� ...: ��', ,.. ' � ,,. � �� _: �„ � y y � c� � /y �- �� C ��' � �� , " � � � 4� � .. . ��. � {y � � �� . . . /Y :��, � ;: :,,, .. . .'. � �� ; _ :.. � � ' , ... : : .' � ' � � /, F' r�� r .. �� r` r �r • \. . �•/ ��>�� . t. . ��'`�? � , �'� x '� �:, . � �`:, 9 Regular Gouncil Meeting - November 19, 2013 - Page 17 of 165 FY 12 Davis-Monthan AFB Economic Impact Analvsis I � I�'IETHODOLOGI� The total economic impact of a base on its economic area is computed by summing annual base payroll, annual base expenditures, and the estimated dollar value of indirect jobs created. An economic area is generally defined as a Metropolitan Statistical Area (MSAj. Each MSA has unique indirect job multipliers that are calculated by the Bureau of Labor Statistics and are used to estimate the number of the indirect jobs created. This analysis was prepared using a Secretary of the Air Force's Directorate of Economic and Business Management progr�� t .'was develc�pec� within �� pa�arnet�� of� the Office of the Secretary of D��'�ns�'� ��qmiic In�p��t .�.nalysi� tn�el. 'F�ie �conomic im�act takes into account bath °�1ppr�pri�t�� i�ds �APF,� ;�n:� Nc��-App��ia��d Funds (NAF). This Economi�'.'. resources and �c Release af this„c Public Affairs �f content of tht�; a� F�RNIA7 3 �f4rm�tion about the unding cammunities. ;d by the 355th FW's ;tians concerning the � r� �. <�, rQn, Financial A� � la Fsis Flight, (52�}'° 228 Regular Council Meeting - November 19, 2013 - Page 18 of 165 FY 12 Davis-Monthan AFB Economic Imp Analysis I S�'NOPSIS ECONOMI� IMFACT ANALYSIS 11 Regular Council Meeting - November 19, 2013 - Page 19 of 165 The Davis-Monthan AFB's Economic Impact Analysis (EIA) is a useful resource for Air Force planners and a source of information for community leaders, legislators, and installation visitars. It presents the total economic impact and number of off-base secondary jobs supported by Air Force expenditures in the Economic Impact Region. In FY 12 Davis-Monthan AFB Economic Impact Analysis I T4BLE 1 PERSOi�'NEL BY CLASSIFICATI4IV AND HOUSING LOCATION LIVING LIVING ON BASE OFF BASE TOTAL 1. APPROPRIATED FIJNU NIILITARY 1,889 5,648 7,537 2. ACTIVE DUTY MILITARY DE.�E �G8 .� �. 7,�� -...,�_., . 8,321 F 3. APPROPRIATED FI1ND CT�ILLI�I�I�, 1,604 4. NON-APPROPRIATED FUN� ��}N'�`RACT CNILIANS AND PRIVA3'E $U�INESS ' 1,728 TOTAL PERSONNEL 19,190 f : �. '- � T�BLE 2 .., , . - , � � ,�� ; . ..�. ANNIIAL P�YROLL BY CL��A'FI�I�I ..:, ' ` ; ; AND HCIUSING LQCATION -' �,�; . ; �� : ,: �IlIl�1� � LFt�G . : ON ��E (1F'��'�+ TOTAL 1. APPROPRIATE� FLTNU MILIT�.� ��9,0(�?,�l€�� $35a,824;0�} ' $474,831,000 2. APPROPRIATED FLTND CIV�L�� $93,654,497 � , 3. NON-APPI��PRIATEI3 FUN� ��i'TRACT CNILIAN� At�D PRIVATE �t1�INE�S $74,553,089 TOTAL PAYRCC�LLL � � � „ .,; '�� $643,038,586 r �� TABLE 3 ' s� , ; ��,.,.; EXPENDITITRES FOR CUl�T�'�ItT�CTIQi�. S�.�t�ICE�� lN� F�tQCURE�IENT OF MATERIALS. EpUIPMENT. Al�i� �`�I�'�'LTE� " � .. , ., -: ' ;. � ACTUAL EXPENDITIJRES l. CONSTRUCTION $86,084,248 2. SERVICES $25,1(2,015 3. MATERIALS, EQUIPMENT, AND SUPPLIES PROCUREMENT $181,981,384 TOTAL EXPENDITURES $293,227,647 12 Regular Council Meeting - November 19, 2013 - Page 20 of 165 FY 12 Davis-Monthan AFB Economic Impact Analysis I TABLE 4 ESTIMATE O� lti'UMBER ANI} DOLLAR V�LUE OF INI}IRECT JQBS CREATED l. ACTIVE DUTY MILITARY 2. RESERVE/ANGI'CRAINEES 3. APF CIVILIANS 4. OTHER CNILIANS 4 TOTAL JOBS '' �" ' ' ' �� " ' � ,, � �, � AVERAGE ANNUAL PAY F�I�`�� LQ�� t��1�C� ESTIMATED ANNUAL DOLLARYALiJ� ��.Tt}BS C3� y�.� TABLE 5 ' � :- \ ;� �'� : TOTAL ANNUAL ECC3NOMt�C Il�'�+�'� �S�`�l� � �. ANNUAL PAYRO�.I.:�,. � �r � � � �� r , �� ] ��f �s �� +C ANNiTAL EXP�I'�DITI7RES: ESTIMATED A1�f1�UA�., D(��:,LAR Vt�L�� ;�� % , :. �� .� �. # � � l ._�.,. �.. _--... � # of # of Base Jobs Multiplier Indirect Jobs 6,595 0.41 2,7(}4 942 0.16 151 1,6�4 0.55 882 , ��'r � � � 1,7�8 '�� 0.55 950 .� �; ' ' 1Q,869 4,687 $42,740 �^ ' $200,322,380 �� : � ° �> �>...... � ,� - TOTAL �� ` $643,038,_586 w ,� $474 �ivilian �93,�i5�#,497 ��ian i �7�E,553,089 � ; ;� ::. ` $243,227,647 ��, �;: `�� $200,322,380 ; �T � �1�"�Cf Jt?1��r��,,�fi�Gl 4,�i&7', �:��1 P�� $42,74�` r ^y �. p T{)TAL; $1,136,588,613 F�y3 �� 491,952,000 I?'�'OT�L W! RETIREES: $1,634,540,613 ' LMI Economic Impact Database, I��stallations and Indirect/Induced 3ob Mulfipliers, Feb 95 ' U.S. Deparnnent of Labor, Bureau of Labor Statistics www_bls.gov/ncs 3 U.S. Deptartment of Defense, Office ofthe Actuary http://actuary.defense.gov 13 Regular Council Meeting - November 19, 2013 - Page 21 of 165 FY 12 Davis-Monthan AFB Economic Impact Analysis I T �BLE 6 CAPITAL ASSETS Buildings/Facilities Number of Buildings Sq Ft Conununicatioi�s/Nav Aids/Ai�eld Lighting 8 52,849 Land Operatious Faeilities 55 680,877 Training Facilities 13 104,5'17 Maintenance Faciliries 120 1,224,001 Storage Facilities 150 671,807 Medical Facilities 7 t 57,176 . , Administrative Facilities 54 549,870 Darmitory Quarters and Dinin�, ��`i�t�� ' 26 l 18,607 Personnel Support 20 525,674 Morale/Welfare/Recreation-�t�dpvrs ' � 30 280,799 ,, Electricity and Heating ' 22 t3,815 Misc Other Facilities (includes �'oper�);. ', 4 33,809 ��MIIII M � �� TOTAL 519 4,409,801 ; �� y�� ! , � � � .., � � �� . TABLE 7 LAl\ll, RUNWAY, DOR1biITt�R�� t��T�t.T�R� " � : ; Land r Acres Government Own�i� 6,011 Easement, Right-c�f-Way, Leased 4,578 TOTAL 10,589 y Runway � W�th (ft)lLength (ft) Entire Runway ,_� 200l13,643 ' �.. � ' ,: ;- Dormitor °�� Y Quarters ��,. . Qaantity Temp Lodging Faciiities (Stl rQ��is) �, �� 6 Distinguished Visitor Faca�iries (l� �Y�s) 1 Visiting Quarters (172 rao�ns) 2 VAQ (61 rooms) 1 TOTAL 10 14 Regular Council Meeting - November 1 S, 2013 - Page 22 of 165 FY 12 Davis-Monthan AFB Economic Impact Analysis � ��F�: � 15 Regular Council Meeting - November 19, 2013 - Page 23 of 165 Figure 2 Description: Each subcategory is broken out as a percent of the total ntunber of personnel on DM AFB. For example, APF Military accounts for 39.3% of The total populafion on DM AFB. FY 12 Davis-Monthan AFB Economic Impact Analysis I 16 Regular Gouncil Meeting - November 19, 2013 - Page 24 of 165 Figure 4 Descrigtion: I�i total, DM AFB has an estimated S643M ui total payroll. To the rigl�t of the Total column, the respective subcategories are dispiayed. FY 12 Davis-Monthan AFB Economic Impact An � 17 Regular Gouncil Meeting - November 19, 2013 - Page 25 of 165 Figure G Description: Of the tatal $474.8M APF Military payroll, 74.9% of the payroll belongs to off-base personnel and 25.1% belongs to on-base personneL FY 12 Davis-Monthan AFB Economic Impact Analysis I 18 Regular Gouncil Meeting - November 19, 2013 - Page 26 of 165 Figure S Description: Each subcategory is displayed as a percentage of the tatat $293.2M in expenditures on DM AFB. For e�mple, 29.4% of e�penditures are classified as consriuction. FY 12 Davis-Monthan AFB Economic Impact An � ��°� E� 19 Regular Council Meeting - November 19, 2013 - Page 27 of 165 Figure 10 Descriprion: Of the �11B total impact on the surrounding community, expendit��res, value of jobs created, and payroll account for 25.8%, 17.6%, and 56.6% respectively. FY 12 Davis-Monthan AFB Economic Impact Analysis I �� Force, Coast Guard, Navy, Marines, and Army. 2Q f2egular Council Meeting - November 19, 2013 - Page 28 of 165 Figure 12 Description: Inch�ding retirees, DM AFB has an estimated �2,635M iu�pact on the Tucson area. To the rig_ht of the Total columri, the respective subcategories are displayed including payroll, retiree pay, expenditures, and dollar value of jobs created. It includes rerirees from ali service br�nches, including Air FY 12 Davis-Monthan AFB Economic Impact Analysis � ECONOMIC IMPACT ANALYSIS DISTRIBUTI4�N DM AFB DM AFB Leadership Arizona Commander's Summit GOVERNMENT Sou.thern Arizona Defense Alliance (SADA} Tucson Associatian of Realtars (TAR} Southern Arizona Home Builders Association (SAHBA) 21 Regular Council Meeting - November 19, 2013 - Page 29 of 165 University of Arizona (UafA) University of Arizona Science and Technology Park (UATechPark) FY 12 Davis-Monthan AFB Economic Impact Analysis I ACKl�TQWLEI}G�MENT A special thanks to all those involved in building the FY 2012 Economic Impact Analysis, including those who provided data, formatted the product, and distributed the EIA throughout southern Arizona. k � 22 Regular Council Meeting - November 19, 2013 - Page 30 of 165 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: From: Mayor and Couneil Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Progress and Innovation Strategic Plan Focus Area - Additional Information: Item C 2 Under the Progress and Innovation focus area of the Strategic Plan, Initiative i the Mayor and Council approved a highly competitive pay philosophy to recruit and retain qualiry professional staff. New salary schedules have been developed, which will become effective December 28, 2013. The salary schedules under which the Town is currently operating will need to be repealed effective December 27, 2013 at midnight. Subject: Resolution No. 2013-102: Relating to Personnel; repealing the salary schedules approved pursuant to Marana Resolution No_ 2013-061 for classified and temporary employees for fiscal year 2013-2014; and designating an effective date Discussion: Effective December 28, 2013, the Town will implement new salary schedules recommended by the Waters Consulting Group (WCG). This will require that the current classified and temporary salary schedules be repealed effective midnight December 27, 2013 at midnight. ATTACHMENTS: N�mc�. [� Reso 2013- 102 ReQeai FY 2�13- 2014 Salarv Schedule t00Q36052-21.doc Staff Recommendation: I��-�c:r��tir��; �r.►i�� r R��€�lut€can Staff recommends approval af Resolution No. 2013-102 repealing the FY 2013-2014 classified and temporary salary schedules, effective at midnight on December 27, 2013. Suggested Motion: I move to approve Resolution No. 2013-102 repealing the FY 2013-2014 classified and temporary salary schedules, effective at midnight on December 27, 2013. Regular Council Meeting - November 19, 2013 - Page 31 of 165 MA,RANA RESOLUTION NO. 2013-102 RELATING TO PERSONNEL; REPEALING THE SALARY SCHEDULES APPROVED PURSUANT TO MARANA RESOLUTION NO. 2013-061 FOR CLASSIFIED AND TEMPORARY EMPLOYEES FOR FISCAL YEAR 2013-ZQ14; AND DESIGNATING AN EFFECTNE DATE WHEREAS on June 18, 2013, the Town Council adopted Resolution No_ 20I3-061 approving salary schedules for classified and temporary employees for fiscal year 2013-2014; and WHEREAS on October i5, 2Q13, the Tawn Council adopted Resolution No. 2013-093 approving and adopting a compensation philosophy for compensation of Town of Marana employees and authorizing the Tawn Manager ta implement the compensation philosaphy consistent with budget capacity and authority, which authorization included the authority to administratively irnplement a pay structure (also referred to as salary schedules) for all employees of the Town; and WHEREAS on October 15, 2013, the Town Council adopted Resolutian Na 2013-094 approving the transfer of budgeted expenditure authority in the fiscal year 2013-2014 budget to fund wage adjustments due to the implementation of the new pay structure by January 1, 2014; and WHEREAS the Town Council finds that repealing the salary schedules appraved by Resolution No. 2013-061 and allowing the Town Manager to utilize the autharity granted under Resolution No. 2013-093 and Resolution No. 2013-094 to determine and implement compensation for Town of Marana employees consistent with the Town's compensation philosophy is in the best interests of the Town of Marana and its citizens_ NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION l. The salary schedules approved pursuant to Resolution No. 2413-061 on June 18, 2413, are hereby repealed. 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 and objectives of this resolution. SECTION 3. This resolution shall become effective on December 27, 2013, at midnight_ Marana Resolution 2013-102 - 1 - Regular Council Meeting - November 19, 2013 - Page 32 of 165 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19 day of November, 2013. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution 2013-102 Regular Council Meeting - November 19, 2013 - Page 33 of 165 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: Mayor and Council Fram: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2013-103: Relating to Technology Services; authorizing the Town Manager or the Technology Services Director to execute all agreements and other documents related to the Federal Communications Commission (FCC) reconfiguration of the 800 MHz band licensed to the Town of Marana and ta take all other actions necessary to implement the band reconfiguration consistent with budget capacity and authority Discussion: Public safety radio systems operaring at 806-824 MHz/851-869 MHz commonly known as "the 800 MHz band" have been experiencing inereasing levels of interference from commercial wireless carriers operating in the same or adjacent spectrum bands. Public safety systems have been and cantinue to encaunter pockets of "dead zones" or have otherwise suffered from interference within their coverage areas. Given the mission critical nature of public safety radio systems, in 2004, the FCC ordered the reconfiguration of the 800 MHz band to avoid a potentially life-threatening problem where public safety comrnumcations equipment may be rendered inaperable. The FCC established the Transition Administrator (TA} as an independent party to oversee the administrative and financial aspects of reconfiguration. The TA is charged with facilitating reconfiguration in an expeditious, cost-effective manner with minimal disruption to licensees. Sprint Nextel is responsible for paying the cost of relocating affected 800 MHz licensees to new frequencies with facilities comparable to those presentiy in use. The FCC pravided that costs (and other terms) would be determined via contracts between Sprint Nextel and licensees/vendors and that the TA would review and approve such agreements to ensure compliance with the FCC's orders and program guidelines. In August 2013, the FCC announced that the 30-month transition period for 800 MHz band reconfiguration in regions along the U_S.-Mexico Border, including Arizona, would commence on August 23, 2413. The Town of Marana is a licensee in the 800 MHz band for the Marana Police Department and, thus, will be impacted by the reconfiguration plan. As a part of the project, the Town will need to execute various agreements with Sprint Nextel and possibly other parties. This resolution will authorize the Town Manager or the Technology Services Director to execute any necessary contracts and take all other actions necessary to implement the band reconfiguration, consistent with budget capacity and authority. Financial Impact: The FCC order provides that Sprint Nextel is responsible for paying all costs of relocating affected 800 MHz licensees to new frequencies with facilities comparable to those presently in use_ It is possible that Regular Council Meeting - November 19, 2013 - Page 34 of 185 through the process the Town may incur some expenses that are nat reimbursable by Sprint. These costs, if they become necessary, will be paid out of existing appropriate budgets, consistent with budget capacity and authority approved by Council through adoption of the budget. ATTACHM ENTS: Na�n.�: ��ser�ptic��a: � Reso 2013- 103 FCC Rebandinq praiecf.D4CX ��° �� Staff Recammendation: Staff recornmends approval of the resolution. Suggested Motion: � I move to adopt Resolution No. 2013-103, authorizing the Town Manager or the Technology Services Director to execute all agreements and other documents related ta the Federal Communications Commission (FCC) reconfiguration of the 800 MHz band licensed to the Town of Marana and to take all other actions necessary to implement the band reconfiguration consistent with budget capacity and authority. Regular Gouncil Meefing - November 19, 2013 - Page 35 of 165 112A►RANA RESOLUTION NO. 2013-103 RELATING TO TECHNOLOGY SERVICES; AUTHORIZING THE TOWN MANAGER OR THE TECHNOLOGY SERVICES DIRECTOR TO EXECUTE ALL AGREEMENTS AND OTHER DOCUMENTS RELATED TO THE FEDERAL COMMUNICATIONS COMMISSION (FCC) RECONFIGURATION OF THE 800 MHZ BAND LIC�NSED TO THE TOWN OF MARANA AND TO TAKE ALL OTHER ACTIONS NECESSARY TO IMPLEMENT THE BAND RECONFIGURATION CONSISTENT WITH BUDGET CAPAGITY AND AUTHORITY WHEREAS numerous public safety radia systems, including the system licensed for use by the Town of Marana Police Department, operate in the band commonly known as "the 800 MHz band"; and WHEREAS a number of private mobile radio systems also operate in the 800 MHz band, including Specialized Mobiie Radio (SMR} systems that provide commercial mabile service to businesses and the public; and WHEREAS some of the SMR operators, particularly Nextel Carporation (now Sprint Nextel) operate high-density cellular-type networks in the band; and WHEREAS in July 2Q04, the Federal Communications Commission (FCC) ordered the reconfiguration of the 800 MHz band to alleviate interference by migrating incompatible tech- noiogies to separate segments of the band as part of the FCC's plan to pramote safety and protect the lives of first responders and other emergency personnel; and WHEREAS Sprint Nextel is responsible for paying the cost of relocating affected 804 MHz licensees to new frequencies with facilities comparable to those presently in use; and WHEREAS in August 2013, the FCC annaunced that the 30-month transition period for 800 MHz band reconfiguration in regions along the U.S.-Mexico Border, including Arizona, would eommence on August 23, 20 i 3; and WHEREAS as part of the band recon�guration process, the Town must execute various agreements and other documents; and WHEREAS the Town Council finds that adoption of this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Mazana Resolution No. 2013-1d3 - 1- Regular Cauncil Meeting - November 19, 2013 - Page 36 of 165 SECTION L The Town Manager and the Technology Services Directar are hereby au- thorized to execute all agreements and other documents related to the FCC reconfiguration of the 800 MHz band licensed to the Town of Marana for and on behalf of the Town of Marana, con- sistent witl� budget capacity and authority. SECTION 2. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of any agreements entered into pursuant to this resolution and to implement the FCC reconfiguration of the 804 MHz band Iicensed to the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19 day of November, 2013. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Branson, Town Clerk Frank Cassidy, Town Attorney -2- Regular Council Meeting - November 19, 2013 - Page 37 of 165 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: From: Mayor and Council Keith Brann , Town Engineer Strategic Plan F'ocus Area: Recreation Strategic Plan Focus Area - Additional Information: Item C 4 Recreation Initiative 1: Develop quality parks and recreational amenities. Strategy a: Complete path, greenway and trail linkages with parks, recreation facilities, schools and other public infrastructure within Marana_ Subject: Resolution No_ 2013-104: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for constructian and design for the El Rio Park to Avra Valley Shared Use Path Discussion: The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on capital improvement projects. This request is for approximateiy �675,000 in RTA funding for the construction af a 14' wide asphaltic concrete shared-use path providing an essential connection in the regional Loop system extending from an existing terminus at El Rio Park in the Continental Ranch residential development approximately 1.5 miles northwest to Avra Valley Road. The construction will include pedestrian areas, landscape and irrigatian, and all appropriate signage and markings. Financial Impact: The Town will be receiving $675,000 from the Regional Transportation Authority. ATTACHMENTS: l� �t�c�: � Reso 2013-1Q4 EI Ria ta Avra Vailev RTA TOM IGA (000361171.docx �c��c:ri�ticr��: F2ese� 2Q 13- t Q4 [� Exhibif A to EI Rio Park Ta Avra Vallev Shared Use Path - IGA.doc �� s� �s�a 2Q13-'1 C�� Exhibit A to IGA EI Rio Park To Avra Vallev Shared Use Path -��g��,�{ {�, �{,r� IGA�Exhibit A.xls Staff Recommendation: 'I`��. �2��€�I�t�ara �x�i�if Ex�i�it Staff recammends adoption of Resolution No. 2013-104, approving an intergovernmental agreement Regular Council Meeting - November 19, 2013 - Page 38 of 165 with the RTA to provide for funding of the El Rio Park to Avra Valley Shared Use Path project. Suggested Motion: I move to adopt Resolution 2013-104, approving an intergovernmental agreement with the Regional Transportation Authority for the El Rio Park to Avra Valley Shared Use Path, and authorizing the Mayor to sign it. Regular Council Meeting - November 19, 2013 - Page 39 of 165 MA,RANA RESOLUTION NO. 2013-104 RELATING TO PUBLIC WC�RKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN 1NTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR CONSTRUCTION AND DESIGN FOR THE EL RIO PARK TO AVRA VALLEY SHARED USE PATH WHEREAS A.R.S. § 48 5301, et seq., authorizes the Regional Transportation Authority (RTA) to act as a regional taxing autharity for the purpose of funding multi-model transportation operarions and improvements identified in the Regional Transportation Plan approved on May 6, 2006; and WHEREAS the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in fizrtherance of that purpose to fund those projects or programs identified in the Regional Transportarion Plan; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resalution to facilitate the construction and design far the El Rio Park to Avra Va11ey Shared Use Path. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Tawn of Marana and the RTA for construction and design for the El Rio Park to Avra Valley Shared Use Path in substantially the form attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized ta execute it for and on behalf of the Tawn of Marana. IT IS FLTRTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all ather 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 af Marana, Arizona, this 19` day of November, 2013. Mayor Ed Honea ATTEST: Jocelyn C. Branson, Town Clerk Marana Resolution No. 2013-104 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 11J12�'2�13 3:24 PM Regular Council Meeting - November 19, 2013 - Page 4d of 165 INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF 11�IARANA FOR CONSTRUCTION AND DESIGN FOR THE EL RIO PARK TO AVRA VALLEY SHARED USE PATH This Agreement (this "Agreement") is entered into by and between the REGIONAL TRANSPORTATION AUTHORITY OF PIMA COiTNTY (the "Authority" or the "RTA"), an Arizona special talcing district, and the TowN oF MARANA (the "Lead Agency"), an Arizona municipal corporarion. The Authority and the Town are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a"Party_" RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan (the "Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2U06. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 4&-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to AR_S. § 48-5304 (13}, the goveming board of the Authority coordinates the implementation of the Plan among the local jurisdictions_ E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repasitory for those funds coilected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16} and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the P1an. G. The Lead Agency is authorized by A.R.S. § 9-240(B)(3} to design, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency has an intergavernmental agreement with one or more jurisdictions within Pima County empowering the Lead Agency to undertake roadway and other improvements outside the Lead Agency's jurisdictional boundaries. I. The Lead Agency and the Authority wish to cooperate in the design and construction of the El Rio Park to Avra Valley Shared Use Path (the "Project"). J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. Exhibit A- Marana Reso 2013-104 - 1- 3122<2013 2:07 PM FJC Regular Gouncil Meeting - November 19, 2013 - Page 41 of 165 K. It is the policy of the Auihority to require that a tead agency be identified. and an intergovernmental agreement be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. L. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation. M. The purpose of this Agreement is to facilitate the Azithority's funding of the design and constru.ction phases of the Project (the "Project Components"} under the terms and conditions contained in this Agreement. N. The Autharity and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-952, et seq. AGREEMENT NoW, T�REFORE, the Town and the Autharity, pursuant to the above and in consideration of the matters and things set forth in this Agreement, do mutually agree as foilows: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties far the Praject Components and to address the legal and administrarive matters among the Parties. 2. Project Components. The Project Components consist of conducting design and construction activities as mare fully described in the attached Exl�ibit A, including the following: 2.1. Detailed Project scope and schedule_ 2.2. Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to the Praject. 2.3. Total amount of RTA funding allowed for the Project plus a breakdown af any other regional, local, federal or state funding available. 2_4_ Designation of Project phases, if applicable, and any additional related agreements. 2.5. Estimated Project consriuction start date and duration of construction. 2.6. Projected cost reimbursement timeline. 2.7. Identification of the Lead Agency's duly autharized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall became effective upon filing a fully executed original with the o€fice of the Pima County Recorder and shall continue in effect until air Project work phases that constitute the Project Components to be provided pursuant to this Agreement are completed and all eligible reimbursement payments to the Lead Agency are cancluded_ 4. Responsibilities of the Lead Agency. 4.1 _ The Lead Agency shall be responsible for the Project work phases that constitute the Project Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and Eshibit A- Marana Reso 2013-104 - 2- 3J22<2013 2:Q7 PM FJC Regular Council Meeting - November 19, 2013 - Page 42 of 165 construction, the Manual on Uniform Traffic Control Devices, the Pima County/City of Tucson Standard Specifications for Public Improvements, the PAG Standard Specifications for Roadways and Public Improvements, the Pima Caunry Raadway Design Manual, the Pima County Department of Transportation/City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. 4.2_ If cansultants or contractors are employed to perform any portion of the Project Components, the Lead Agency shall be responsible for any professional services or other contracts associated with the Project Components and shall select the consultants to be used_ The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating by 10% or more from the Authority's budget amount for the Project Components or for the Project must be approved by the Autharity in advance of those changes being made, regardless of whether or not the Authority will be paying for them. 4.3. The Lead Agency shall be responsible for any public notification associated with the Project Camponents. 4_4. The final cost of the Project Components shall be that amount necessary to complete Project work phases that constitute the Praject Components including any unanticipated work incorporated into the Project Components by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all costs of the Praject Components in excess of the RTA funds contributed ta the Project Camponents pursuant to this Agreement. 4.5. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. 4.6_ The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. 4.7. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additianal indemnities in all of the Lead Agency's contracts for or related to the Project. Specifically, the RTA shall be identified as an additianal insured with respect to insurance policies far general liability, automobile liability and defects in design. 4.8. The Lead Agency shall be responsible for preparing and submitting to the Autharity, within the first week of each month or as otherwise specified in this Agreement, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to consultants, contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code_ The Lead Agency must retain and certify all vendor receipts, invaices and any related Project records as needed and ensure that they are available for ExUibit A- Marana Reso 2013-104 - 3- 3l22l2013 2:07 PM FJC Regular Gouncil Meeting - November 19, 2013 - Page 43 of 165 review for a minimum of five years after final payment is made unless otherwise specified in this Agreement_ 4.9. The Lead Agency shall be responsible for submitting a status repart describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibiiities of Authority. 5.1. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in E�ibit A(or subsequent exhibits} on a reimbursement basis unless otherwise specified in this Agreernent_ The RTA's Administrative Code will control all payments and other procedures unless otherwise specified in this Agreement. 5.2. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A(as it may be amended by mutual agreement of the Parties). 5.3. The RTA staff will review alI payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project Components. If the Authority determines that additional information is needed, the Lead Agency will be natified of the request for additional information within five days of RTA's receipt of the invoice. 5.4. Upon approval of the request by RTA, the invoice will be processed for payment within ten working days of the invoice submittal_ 6. Termination. Either Party may terminate this Agreement for material breach of 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 such termination shall not relieve either Party from liabilities or costs akeady incurred under this Agreement. 7. Nan-assignment. Neither Party shall assign its rights under this Agreement without the written consent of the other Party. ' 8. Construction of this Agreement. 8.1. Entire agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement, and aIl prior or contemporaneous agreements and understandings, oral ar written, are hereby superseded and merged in this Agreement. 8.2. Exhibits. Any exhibits to this Agreement are incorporated in this Agreement by this reference. 8.3. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both Parties. Exliibit A- Marana Reso 2013-104 - 4- 3t22.-2013 2:07 PM FJC Regular Council Meeting - November 19, 2013 - Page 44 of 165 8.4. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the Recitals section of this Agreement. 8_5_ Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 8_6. 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 ar void, the Parties agree to meet promptly in an attempt to reach an agreement on a substitute provision. 8.7. Conflict of interest_ This Agreement is subject to the provisions af A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. 9. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authoriry. 10. 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 ernployment relationship between the Parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither Party shall be liable for any debts, accounts, obligations or ather liabilities whatsoever of the other, including (withaut limitation} the other Party's obligation to withhold Social Security and income t�es for itself or any of its employees. 11. 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 to affect the legal liability of either Party by imposing any standard af care different from the standard of care imposed by law. 12. 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. 12.1. Anti-Discrimination. The provisians 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. 122. Americans with Disabilities Act_ This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 1Q1-336, 42 U.S_C_ 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 12.3. Workers' Compensation. An employee of either Party shall be deemed to be an "employee" of both public agencies, while perfarming pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue_ Each Party shail post a notice pursuant to the provisions of A_R.S. § 23-1022(E) in substanrially the following form: All employees are hereby further notified that they may be required to Exhibit A- Matana Reso 2013-104 - S- 3/22!2013 2:07 PM FJC Regular Council Meeting - November 19, 2013 - Page 45 of 165 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 af Arizana to be employees of both public agencies for the purposes of workers' compensation. 13. Waiver_ Waiver by either Party of any breach of any term, covenant or condition of this Agreement shall not be deemed a waiver of any other term, covenant or candition, or any subsequent breach of the same or any other term, covenant, or condition of this Agreement. 14. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreernent 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 af the party affected, including but not limited to failure af facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lighming, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labar dispute, boycott, material or energy shortage, casuaity lass, acts of God, or action or non-action by governmental badies 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 govemment officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason af uncontrallable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 15. Noti�cadon_ All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: To the Authority: REGIONAL TRANSPORTATION AUTHORITY OF PiMA COUNTY FARHAD MOCiHIMi Executive Director, RTA 177 N. Church Avenue #405 Tucson, Arizona 85701 To the Lead Agency: Towrr o� MA�rra KEITH BRANN TOWN ENCiINEER 11555 West Civic Center Drive Marana, Arizona 85653 16. Remedies. Either Party may pursue any remedies provided by law for the breach of this Agreement. No right ar remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 17. 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 and attached to a single instrument. Extiibit A- Marana Reso 2Q13-104 - 6- 3/22j2013 2:07 PM PJC Regular Council Meefing - November 19, 2013 - Page 48 of 165 IN WITNESS WHEREOF the Parties have executed this Agreement as of the last signature date below. REGIONAL TRANSPORTATION AUTHORITY oF Prnta Cou�v� TOWN OF 11✓IARANA Ramon Valadez, Board Chair Date: APPROVED AS TO CON'I'ENT: RTA Executive Director Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO CONTENT: Keith Brann, Town Engineer INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregaing intergovernmental agreement between the REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY and the TowN oF MARANA has been reviewed pursuant to A.R_S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement represented by the undersigned. REGIONAL TRANSPORTATION AUTHORITY oF P� CourrrY: TOV4'N OF 11�IARANA: Thomas Benavidez Attorney far the Authority Date: Exhibit A- Marana Reso 2013-104 Frank Cassidy Town Attorney Date: -7- 3/22I2013 2:07 PM FJC Regular Council Meeting - November 19, 2013 - Page 47 of 165 Regionai Transportation Authority of Pima County Exhibit A 1 RTA BallotlProject Number: 2 RTA P[an Element: 3 RTA Plan Sub-Element (if applicable): 4 TiP Project Number: 5 Project Name: 11[-41 Environmental and Economic Vitality Element Greenways, Path�nrays, Bikeways and Sidewalks 73.12 EI Ria Park tc Avra Valley Shared tlse Path 6 Work Phase Covered by this Exhibit: (check all that apply) Planning Design Right of Way Construction Project Management EnvironmentaUOther 7 Project Manager Information (person responsible for status reports): Name: Maifing Address: Telephone Number: Fax. Number: Email Address: X X X Tom Haute 11555 W. Civic Center Drive, Marana, AZ 85653 382-260t} 382-2641 thouleCa'}_marana.cam 8 Authorized Representative(s) (for signing & submitting pay requests): Name: Mailing Address: Telephone Number: Fax. Number: Emai( Address: Tom E(lis 11555 W. Civic Center Drive, Marana, AZ 85653 382-2600 382-2641 tellisCeD.marana.com Name: Maiting Address: Telephone Number: Fax. Number: Email Address: 9 Map of Project Limits Attached? Keith Brann 11656 Vtt. Civic Center Drive, Marana, AZ 85653 ss�-�soa 382-2644 kbrannCc33MARANA.COM Attaahed Regular Council Meeting - November 19, 2013 - Page 48 of 165 1 of 5 Regional Transportation Authority of Pima County Exhibit A 10 Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project will address problematic areas): 11 Total maximum amount of Authority funding allowed for the Project or Project component under this Exhibit: 12 Project Budget (current year dollars) Planning Design Right of Way Construction Project Management Environmental/Other Total Project Budget (all funding sources): 13 Project Budget by Funding Source Planning Design Right of Way Construction Project Management Environmentat/Other Totat Project Funding (must equal no. 11) 14 Funding Sources (current year dollars): RTA STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds Other Total Funding Souraes (must equal no. 11): The Town af Marana praposes ta dasign and construct a 14 faot wide shared use path with two (2) ADOT box culverts to a{iow access aver the existing drainage channels a[ong the project alignment. $675,000 tn-House Outsourced Total $0 $125,000 $125,QQ0 $35,000 $35,OQ0 $612,000 $612,Q00 $0 $0 �o $77�,aoo ��72,�00 RTA Non-RTA Tota[ $0 $63,000 $63,Q00 $0 $612,OQ0 $612,000 $0 $0 $676 $4 $675,OOQ Regular Gouncil Meeting - November 19, 2013 - Page 49 of 165 2 of 5 �s7s,00a Regional Transportation Authority of Pima County Exhibit A 15 Identify other project components not covered by this agreement (if any): Project managernent associated with the design and construation and reat property aaquisitions . '! 6 Estimated construction start date and duration of construction: 17 Expected Reimbursement Schedule: (related to this exhibit amount on(y) January February March Apri[ May June July August September October November December Total Start of construction is estimated for fall 2014 wi#h a tata( canstruction time af 1 year. Catendar Year Calendar Year Calendar Year 2013 2014 2015 $25,00� $25,000 �25,OQ0 $26,Ofl0 ��ao,000 ��so,000 $26,OOd $150,Q00 $2�,Ot}Q $125,QQ0 $50,000 $626,OQ0 $�1 Regular Council Meeting - IVovember 19, 2013 - Page SO of 165 3 of 5 Regionai Transportation Authority of Pima County Payment Request Invoice Period: Project Name: Project Sponsor/Lead Agency: RTA Baflot/Project Number: TIP Project Number: RTA Pian Element: Project Description: Projeat Location: Project Phase: Proiect Bud�et: Planning Design Right of Way Construction Project Management Environmental/Other Tota! Project Budget (all funding sources) Expenditures to Date: Planning Design Right of Way Construction Project Management EnvironmentaUOther Total Expenditures to Date: Total FundinglExpenditures to Date By: (including this RTA pay request} Amount of this Request: Outsourced in-House Total $0.00 $0.00 $0.00 $0.00 �o.ao �o.oa $0.00 $0.00 $o.00 Lead Agency $o.oa RTA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 Regular Council Meeting - November 19, 2013 - Page 51 of 165 4 of 5 Regional Transportation Authority of Pima County Payment Request Project Status Planning Design Right of Way Construction Project Management Environmenta[lOther Project Comments, Status, etc. Certification: Signed By: Title: Date: On-Schedule % Comptete (if no, explain below) 1 certify that the information contained in this pay request is true and accurate. 1 furthsr certify that RTA funds have been expended in accordance with app(icable RTA statutes. ',,,`�,�� /<../% �/� �%i �` ' s �%�c�e %% \\\\\\\�\��"�y"/�'`�. �.. ��/%//'��.: � / �i �„^ ,�,`,°'�, n , . `_ Y 1 / �r.'�:�. ... .� �. , i io � � �� y,^ �// .. ..^��',Zn� .. . . .�i� �\�.. .. , . ..:,,., a,.� ,,, ,,.. � ��r�., �...., �: �:��.. „ a�y \� : �� ..�a. � � � �\� �J�'; �� ✓��\ ✓/� „��'� For RTA Use Onlv RTA funds are avaitabte in the current year budget: Project funding has been authorized in the current TIP: iGAlProject Agreement has been executed: Additional Insured/Beneficiary documentation provided: Sufficient documentation provided: RTA Approval & TitCe Date: Yes 0 0 0 � 0 � � � � � s:��/, � �� "�!'� � irG�?, a ��/, "' a e . �,; �l� � �'� , �l��i/'�pi///'%1'i �'�'��/�/ii y i �' i� ��S�ai.,i33g�.r� . �'� \ �� %i�� \� t /rrr�� . � ' �...��1� //i%,... ..�� i/2�."��...:._� . � \ �,:��..r;t2i io,.:::., ,...,�\e.... ........� ii��.,�..,,�,.. �. . � ....t�,..�,.,�'////�,�ii,//%%i�;,."�.. , aaO:u , , . � � _. Regular Council Maeting - November 19, 2013 - Page 52 of 165 5 of 5 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 20I3, 7:00 PM To: From: Mayor and Council Keith Brann, Town Engineer Strategic Plan Focus Area: Not Applicable Item C 5 Subject: Resolution No. 2013-105: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authariry and the Town of Marana for design and construction of improvements to Ina Road right turnbays onto Thornydale Road Discussion: The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on capital improvement projects. The Project consists of the widening of Ina Road approaching the intersection of Ina Road and Thornydale Road. To improve the existing designated right-turn lanes from Ina Road onto Thornydale Road and to add designated through lanes for bicycles. Additionally, the pedestrian access ramps at all quadrants of the InaJThornydale Intersection will be upgraded to meet current ADA standards, and is more fully described in the attached E�ibit. Additionally, the flow characteristics of the stormwater drainage along the north side of Ina Road will be improved. This will include enclosing the open drainage ditch in front of the Fry's shopping center, an added safety benefit. The attached intergovernmental agreement establishes the RTA's commitment to a financial contribution in the amount of $560,000 to be used toward the cost of the Project. Financial Impact: The Town will be receiving $560,000 fram the Regianal Transportation Authority. ATTACHMENTS: N�rn�c�. C! Reso 2013- 1Q5 Ina Thomvdale RTA TOM IGA (OQ036102).docx I��cri�tit:�t�. 1" t � Exhibit A to Reso Ina Road Right- Tum bavs, Thomvdale Raad and Ina Raad -�X � g� �� p�3_q{�g fGA.doc [� Exhbit A to IGA for Ina Road Riqht- Tum bavs, Thomvdale Road and ina Road -��y�� g �� ;A ina and Tda�e IGA. Exhibit A..xls � [na Road Riqht- "'a�.��' �' • �. r.,. . s.. *rt..a *ar• '�'�°��:: F2esolu#ion Exhibi# ��'tbit Regular Gouncii Meeting - November 19, 2013 - Page 53 of 165 Tum bavs. Thornvdale Road and Ina Road - Pra�e�# L€rn�ts Map Proiect Limits Map.pdf Staff Recommendation: B�ck�s� �9ateci�l Staff recommends adoption of Resolution No. 2413-105, approving and authorizing the Mayor to execute an Intergovernmental Agreement with the RTA to provide for funding of the Ina and Thornydale right turn lane widening project. Suggested Motion: I move to adopt Resolution 2013-1Q5, approving an Intergovernmental Agreement with the Regional Transportarion Autharity for the Ina and Thornydale right turn Iane widening and authorizing the Mayor to sign it. Regular Council Meeting - November 19, 2013 - Page 54 of 165 MARANA RESOLUTION NO. 2013-105 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO INA ROAD RIGHT TURNBAYS ONTO THORNYDALE ROAD WHEREAS A.R.S. § 48 5301, et seq_, authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority far the purpose of funding multi-model transportation operations and improvements identified in the Regional Transpartation Plan approved on May 6, 2006; and WHEREAS the RTA is authorized by A.R.S. § 48-5304 (l6) and § 48-5308 to administer and distribute the regional transportation funds to the rnembers of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Regional Transportarion Plan; and WHEREAS the Mayor and Council of the Tawn of Marana feel it is in the best interests of tl�e citizens of Marana to enter into the intergovernmental agreement addressed by this resolution to facilitate the design and canstruction of improvements to Ina Road right turnbays onto Thornyda.le Road. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the RTA for design and construction of improvements to Ina Road right turnbays onto Thornydale Road in substantially the form attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Tawn of Marana. IT IS FIIRTHER 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, obiigations, conditions and objectives of the intergovernmental agreement_ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19`� day of November, 2013. Mayor Ed Honea ATTEST_ Jocelyn C. Bronson, Town Clerk Marana Resoivtion No. 2013-105 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 1 1/12/201 3 9:57 AM Regular Council Meeting - November 19, 2013 - Page 55 of 165 INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO 1NA ROAD RIGHT TURNBAYS ONTO THORNYDALE ROAD This Agreement (hereinafter the "Agreement") is entered into by and between the Regional Transportation Aufhority of Pima County (the "RTA" or the "Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, an Arizona municipal corporation ("the Lead Agency"). RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing autharity for the purpose of funding multi-model transportation operations and improvements idenrified in the Regional Transportation Plan ("the Plan") approved by the voters at the special elecrion held in Pima County, Arizona, an May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional cauncil of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D_ Pursuant ta A.R.S_ § 48-5304 (13), the governing board of the Authority shall coardinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S_ § 48-5307 to be the repository far those funds collected for the purpose of funding the transportation projects identified in the Plan. F_ The Authority is authorized by A_R.S. §§ 48-5304 (16} and 48-5308 to administer and distribute the regional transportation funds to the members of the Authoriry and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. Regular Council Meeting - November 19, 2013 - Page 56 of 165 E�ibit A— Resolution 2013-105 j G. The Lead Agency is authorized by A_R. S. § 9-240(B)(3) to design, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries_ I. The Lead Agency and the Authority wish to caaperate in the design and construction of improvements to the Ina Road Right Turnbavs onto Thorn,ydale Road {"the Project"). J_ The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K_ The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L_ It is the palicy of the Authoriry to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to project management, risk management, design, right of way acquisitian if any and construction, advertisement, award, execution and administration of the design a.nd construction cantracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise speci�ed herein. O. The Autharity and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-952, et seq. NOW, THEREFORE, the Town of Marana and the Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of the widening of Ina Road approaching the intersection of Ina Road and Thornydale Road_ To irnprove the existing designated right-turn lanes from Ina Raad onto Thornydale Road and to add designated through lanes for bicycles. Addirionally, the Regular Council Meeting - November 19, 2013 - Page 57 of 165 Exhibit A— Resolution 2013-105 2 pedestrian access ramps at all quadrants af the Ina/Thornydale Intersection will be upgraded to meet current ADA standards, and is more fully described in the attached Exhibit(s). 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed originai with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreernent are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be respansible for the design, construction and/or installation of the Project in accardance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Qfficials and Federal Highway Administration standards for highway engineering and construction, the Pima Caunty/City af Tucson Standard Specifications for Public Improvements, the Pima County Raadway Design Manual, October 2002 revision, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage pratection_ b. If consultants or contractors are emplayed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts far design and canstruction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Autharity copies of any and all contract documents and related materials upan request by the Authority. The Lead Agency shall retain the usual rights of the owner af a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, fram the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, whether or not the Authority will be paying for them. c. The Lead Agency shall be responsible for all traffic management, including public notificarion, during construction of the Project. d_ The Lead Agency shall operate and maintain the improvements during and after completion of construction_ e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency_ The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. Regular Council Meeting - November 19 2013 - Page 58 of 165 E�ibit A— Resolution 2013-�OS 3 f The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. g. The Lead Agency will be responsible far assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's contracts for the Project_ Specifically, the RTA shall be identified as an additional insured with respect to insuranee policies for general liability. The Lead Agency shall also require its contractors ta name the Autharity as an additianal beneficiary in any performance and payment related assurances pasted for the Project. i_ The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must reta.in and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available far review for a minimum of five years after final payment is made unless otherwise specified herein. j. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Autharity. a. Upon receipt of authorized payment requests, the Authority shall canvey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request for additional information within five days of the receipt of the invoice by RTA. Regular Council Meeting - November 19, 2013 - Page 59 of 185 Exhibit A— Resolution 20I3-105 4 d. Upon approval of the request by the RTA, the invoice will be processed for payment within ten working days of the invoice submittal. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Priar to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such terminarion shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment_ Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incor}�orated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof d_ Captians and headings_ The headings used in this Agreement are for convenience anly and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any pravision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f. This Agreement is subject to the provisions of A.R.S. § 38-51 l. 9, Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon campletion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdictian of the Lead Agency or the Authority_ Regular Gauncil Meeting - November 19, 2013 - Page 60 of 165 E�ibit A— Resalution 2a13-105 5 11. No Joint Venture. It is not intended by tt�is Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between the Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor ather liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement_ a_ Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incoiporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 121Q1-12213) and all applicable federal regulatians under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shail 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 ar 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. 14. Waiver. Waiver by either party of any breach of any term, covenant or candition herein conta.ined shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach af the same or any other term, covenant, ar condition herein contained. 15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabatage, Regular Council Meeting - November 19, 2013 - Page 61 of 165 E�ibit A — Resolution 2013-105 ( 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 appravals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid_ Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Farhad Moghimi, Executive Director Regional Transportation Authority 177 N. Church St., Suite 405 Tucson, AZ 85701 Town of Marana: Keith Brann, Town Engineer 11555 W. Civic Center Dr. Marana, AZ 85653 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended ta be exclusive af any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. This Agreement may be executed in two or mare counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument_ The signature pages from one or more counterpart may be rernoved from such counterpart and attached to a single instrument_ In Witness Whereof, the Town of Marana has caused this Agreement to be executed by the Mayor, upon resolution of the Council attested to by the Town Clerk, and the Authority has caused this Agreement to be executed by its Chair of the Board. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Stephen W. Christy, Board Chair Date Town of Marana• Ed Honea, Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Date ftegular Council Meefing - November 19, 2013 - Page 62 of 165 E�ibit A — Resolution 2013-105 '] The foregoing Agreement between Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Farhad Moghimi, Execurive Director Keith Brann, Town Engineer ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined, each with respect to its own client, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party to the Agreement represented by the undersigned. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Marana Frank Cassidy, Town Attorney Date Regular Council Meeting - November 19, 2013 - Page 63 of 165 E�ibit A — Resolution 2013-105 $ Regular Council Meeting - November 19 2013 - Page 64 of 165 E�ibit A — Resolution 2013-�OS Exhibit A tna Road Right Turnbays onto Thornydale Road 1 RTA BailoUProject Number: 2 RTA Plan Element: 3 RTA Plan Sub-Element (if applicable): 4 TIP Project Number: 5 Project Name: 6 Work Phase Covered by this Exhibit: (check all that appty) It-36 It - Safety 38 - Cntersec#ion and Safety Capacity improvements 93.12 Ina Road Ri ht Turnba s Onto Thorn dale Planning Design Right of Way Construction Praject Management EnvironmentallOther X X X 7 Projeat Manager Information (person responsibfe for status reports): Name: Mailing Address: Tetephone Number: Fax. Number: Email Address: Kurt Schmidt 11655 W. Civic Center Drive, Marana, AZ 86663 382-2692 382-2644 kschmidtCcamarana.cam 8 Authorized Representative(s) (for signing & submitting pay requestsj: Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Name: Mailing Address: Telephone Number: Fax. Number: Email Address: 9 Map of Project Limits Attached? Keith Brann 11565 VII. Givic Center Drive, sa2-�soa 382-2644 kbrann(c.�MARANA.GOM Kurt Sahmidt 11565 W. Civic Center Drive, Nlarana, AZ 85653 382-2692 382-2644 kschmidtCc'Dmarana.com Yes Regular Council Meeting - November 19, 2013 - Page 65 of 165 1 of 5 Exhibit A ina Road Right Turnbays onto Thornydale Road 10 Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project wi[t address problematic areas): 11 Total maximum amount of Authority funding allowed fcr the Project or Project component under this Exhibit: 12 Project Budget (current year dollars): Planning Design Right of Way Construction Project Management Environmentat/Other Total Project Budget (att funding sources): 13 Project Budget by Funding Source Planning Design Right of Way Construction Project Management Environmental/Other Total Project Funding (must equal no. 91) 14 Funding Sources (current year do(lars): RTA STP 12.6 Funds 2.4 Funds fmpact Fees Bond Funds Genera! Fund Fare Box Revenue FTA Funds Other Total Funding Sources (must equal no. 19): The Project consists of the widening of lna Raad approaching the intersection of Ina Road and Thornydale Road. Ta imprave the existing designated right-tum [anes from Ina Raad onto Thornyda(e Road and to add designated through lanes for bicycles. Additionally, the pedestrian access ratnps at al! quadrants af the Ina(fhamyda[e Intersection will be upgraded to meet current ADA standards, and is more ful[y described in the attached Exhibit{s}. $560,Q00 {n-House Outsourced Total $89,5�0 $40,Q0€� $420,SOQ $10,000 �� $89,600 $0 $a2a,soo $40,004 $10,040 ��.a,oaa $s2o,o�a �ssQ,aoo RTA Non-RTA Total $89,50Q $420,500 $40,Q00 $14,OQ4 $a $89,500 $0 $421J,5Q0 $4Q,OQ0 $10,4fl0 $SS0,000 $0 $56Q,000 pVO�fVVV Regular Council Meeting - November 19, 2013 - Page 66 of 165 2 of 5 Exhibit A Ina Road Right Turnbays onto Thornydale Road 15 Identify other project components not covered by this agreement (if any): Planning 16 Estimated construction start date and duration of construction: February 20�14; 3 months 17 Expected Reimbursement Schedule: (related to this exhibit amount only} January February March Qpril May June July August September October November December Total Calendar Year Calendar Year Calendar Year 2013 2014 2015 $34,762 $34,762 $5,000 $150,238 $150,238 $145,238 $5,000 $34,762 $34,762 $525,238 $0 Regular Gouncil Meeting - November 19, 2013 - Page 67 of 165 3 af 5 Regionai Transportation Authority of Pima County Payment Request invoice Period: Project Name: Project Sponsor/Lead Agency: RTA Ba[Iot/Project Number: TIP Project Number: RTA Plan Element: Project Description: Project Location: Project Phase: Proieat Bud�et: P[anning Design Right of Way constructicn Project Management Environmental/Other Outsourced !n-House Total $0.00 $0.00 �o.oa $0.00 �o.ao �o.00 Totai Project Budget (all funding sources) $0.00 $0.00 Expenditures to Date: Planning Design Right of Way Construction Project Management Environmental/Other Total Expenditures to Date: Totat Funding/Expenditures to Date By: (including this RTA pay request} Amount of this Request: $0.00 Lead Agency $0.00 RTA $0.00 �o.oa �a.ao $0.00 $0.00 $0.00 $0.00 �a.00 Total $0.00 Regular Council Meeting - November 19, 2013 - Page 68 of 165 4 of 5 Regional Transportation Authority of Pima County Payment Request Project Status Planning Design Right of Way Construction Project Management Environmental/Other Project Comments, Status, etc. Certification: Signed By: Title: Date: On-Schedu{e % Complete (if no, explain below) I certify that the information aontained in this pay request is true and accurate. 1 further certify that RTA funds have been expended in accordance with applicable RTA statutes. , � � � .,, ... �,�� , ,� - . .. � �. �� .� � , : .. ,�� ,,�� , � � .� � � .. °m . , �� . , ::_ �. : . . . , For RTA Use Onlv RTA funds are availabla in the current year budget: Project funding has been authorized in the current TIP: IGAlProject Agreement has been sxecuted: Additionallnsured/Beneficiary documentation provided Su�cient documentation provided: RTA Approval & Title Date: Yes � 0 0 � � � � � � � Regular Council Meeting - November 19, 2013 - Page 69 of 165 5 of 5 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: Mayor and Council From: Keith Brann, Town Engineer Strategic Plan Focus Area: Not Applicable Item C 6 Subject: Resolutian No. 2Q13-106: Relating to Public Warks; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for design and construction of improvements to Ina Road sidewalk Discussion: The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on capital improvement projects. The proposed improvements will provide for a durable accessible route that does not currently exist for pedestrians along the south side of Ina Raad between Thornydale Road and Meredith Boulevard. This is especially important given the location of an existing Sun Tran bus stop in ftont of the shopping center. Addirionally, ADA ramps will be improved to current standards at each corner of the Ina RoadlMeredith Baulevard intersection. The attached intergovernmental agreement establishes the RTA's commitment to a financial contribution in the amount of $80,000 to be used toward the cast of the Project. Connecting, with a durable accessible route, an existing bus stop situated about halfway between the aforementioned intersections. Additionally, the existing pedestrian access ramps at all quadrants of the InalMeredith intersection will be upgraded to meet current ADA standards, as more fully depicted in the attached Exhibit. Financial Impact: The Town will be receiving $80,OQ0 from the Regional Transportation Authority. ATTACHMENTS: ��r�c�: � R�SO 2Q13- 146 Ina F2oad Sidewaiks.docx E�e�c;z�i��it�n: f: -�►s 3��iI��[�I:� � Exhbit A[na Road Sidewalks -�� s, #,� r�� p� 3..� p� IGA.doc � [na Raad Sidewalks - IGA. Exhibit A.xls (3 [na Road Sidewaiks - Praiect �imits Mar�.odf �xh A ks� �GA Ir�� F2oad �i�e�ralks - 6C�.t&, Exhibit A In� Rcsad Sid�a�ral�s - Praj�ct C.in�its M�p . � , y�s'_ ��s��t��r� Exhibit �xhik�i2 Backup Ev��eri�l Regular Councii Meeting - November 19, 2013 - Page 71 of 165 Staff Recommendation: Staff recommends adoption of Resalution No. 2013-106, approving and authorizing the Mayor to execute an intergovernmental agreernent with the RTA to provide for funding of the Ina Road sidewalk. Suggested Motion: I move to adopt Resolution 2013-106, approving an intergovernmental agreement with the Regianal Transportation Authority for the Ina Road sidewalk, and authorizing the Mayor to sign it. Regular Council Meeting - November 19, 2013 - Page 72 of 165 MA,RANA RESOLUTION NO. 2013-106 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO INA ROAD SIDEWALK WHEREAS A.R.S. § 48 5301, et seq_, authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpase of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan approved on May 6, 2006; and WHEREAS the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Regional Transportation Plan; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution to facilitate the design and construction of improvements to Ina Road sidewalk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCII, OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the RTA for design and construction of improvements ta Ina Road sidewalk in substantially the form 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 cany 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 19`�' day of November, 2013. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana ResoIution No. 2013-106 APPROVED AS TO FORM: Frank Cassidy, Town Attorney fiTfi7!►�t)K�[1AFy\u* I Regular Council Meeting - November 19, 2013 - Page 73 of 165 INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OT` PIIVIA COUNTY AND THE TOWN OF MARANA , . FOR DESIGN AND CONSTRUCTION OF This Agreement (hereinafter "the Agreement") i��;�r��d into Transportation Authority of Pima County (the "RTA" or:�e " district formed pursuant to Title 48 Chapter 30 of the Aria�na Town af Marana, an Arizona municipal ��r�oration ("the Lea� A. AR.S.§ 48-5301, et se� the purpose of funding idenrified in th�.;�egior special elect��ri ��ld in Q B. The the imp TO between the R�gional ity"), a speci�l taxing d Statutes (A.R.S.), and the , authorizes th� Aut;�drity �+� ��s a regional ta�ing authority for i�lti-model tran��ortation op�ations and improvements 1 T�nspartation �'�an ("the Plan") approved by the voters at the `i��. County, Arizt��a, on May 16, 2006. of representarives of each member of with A.R.S. § 48-5303. 304 {��};'the governing board of the Authority has sole ° eler�ents of the Plan. 304 (13), the governing board of the Authority shall coordinate Plan among the local jurisdictions. E. A Regional Tra�i�partation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be ��ie repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16} and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance af that purpose to fund those projects or programs identified in the Plan. Regular Council Meeting - November 19, 2013 - Page 74 of 165 Exhibit A— Resolurion 2013-106 j G. The Lead Agency is authorized by A.R.S. § 9-240(B)(3) to design, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legai contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. I. The Lead Agency and the Authority wish ta cooperate in the design and construction of improvements to the Ina Road Sidewalk ("the Project"). J. The Project is one of the transportation projects included i� �e Plan or is eligible for funding as part of a categorical program included in the.:F,'�a�. '`', ;, K. The Authority intends to fund the Project under � terrn� and cori��ns contained in this Agreement and has entered into this Agre��ent fo�r that purpose.' L_ It is the palicy of the Autharity to require.:�ha�:a l�ad age��y be identi�ed and an intergovernmental agreement (IGA) be approvec�;�d ��;rec� into by the Authority and the lead agency before requests for funding reimbur��ent or payment can be processed by the Authority. �� ; �: M. The Town of Marana has been ideri� responsible for all aspects of project management, risk advertisement, a� contracts for th�:: � N_ The RTA's � another for and will Lead Agen�� ,��r the Project and will be �a�� includ�ig, but not limited to project w'�� zisition if any and construction, tion a F e design and construction payments and other procedures unless may contract for services and enter into agreements ve action pursuant to A.R.S. § 11-952, et seq. NO�,: I'HEREFORE� �e Tawn of Marana and the Authority, pursuant to the above and in consideratia� �the matter� �nd things set forth herein, do mutually agree as follows: �� ;�� .. , a .:: � ; . ` AGREEMENT l. Purpose. The pu�ose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of the construction of concrete sidewalk along the south side af West Ina Road between the Ina/Thornydaie Intersection and the Ina/Meredith Intersection connecting, with a durable accessible raute, an existing bus stop situated about halfway between the aforementioned intersections. Additionally, the existing pedestrian access ramps at all Regular Council Meeting - Noyember 19, 2013 - Page 75 of 165 Elclubit A— Resoluhon 2013-106 2 quadrants of the Ina/Meredith Intersection will be upgraded to meet current ADA standards_, as more fully depicted in the attached Exhibit(s). 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the affice of the Pima Ca�anty Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a_ The Lead Agency shall be responsible for the de� of the Project in accordance with this Agreement traffic signal, and street lighting design and cQn�t are federal, state, county or municipal stand��`ds f public works facilities design. Examples of Desi Association of State Highway and Trarisp�rt�.tion Administration standards for highway engi�� County/City of Tucson Standard Specification�=�"r County Roadway Design Ma�ua1, October 2002 � Department of Transportanon ��ty of Tucson De constr�ction andlor installation a11 ap��ble public roadway, on stanct��,, Design Standards „��. engmeering, Standards inc f�cials and F Pavement Marking Design Man�I, ��'�ma County guidelines for roadway lane widtl� and Te�� drain� b. If cons� Lead A Project Lead A Project whicr from the Aut1 �ut�,ority in � be p�� for c. The �c, safety or J Improvements, the Pima the Pima County t of Transportation �unieipal design �tors are emp��yed to perf�rm any portian of the Project, the k��onsible for'�e contracts far design and construction of the t�e consultants �d contractors to be used on the Project. The �rz�diately provide tc� the Authority copies of any and all €�d rel� ': ter��ls upon request by the Authority. The Lead �� rig�i�s �f the owner af a public contract including the ��s and make payments. However, any changes to the result��e final project cost deviating, by ten or more percent, budget�amount for the Project, must be approved by the of those changes being made, whether or not the Authority will shall be responsible for all traffic management, including public ; cansmtction of the Project. d. The Lead Agency shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency_ The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. Regular Council Meeting - November 19, 2013 - Page 76 of 165 E�ibit A— Resolurion 2013-I46 3 f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assurnption. h. The Lead Agency shall require its contractors performing to name the Authority as additional insured and additiona Lead Agency's contracts for the Project. Speeifically, �`�: a.n additional insured with respect to insurance poli��s f€� Agency shall also require its contractors to name t�e AutY beneficiary in any perfarmance and payment r�l�ted �ssi.0 Project. i. The Lead Agency shall be responsibl�t��`��rep within the first week of each month or as oth�� payment signed by a duly authorized represen� include sufficient backgroundi�formation doc� contractors, vendors or any othe� ��ble costs RTA's Administrative Code. Th� ��°'��enc� receipts, invoices and any available for review for a otherwise j _ The Le��' progress � for pa�rne � �,:� : �.: 5. Resa+�nsibilities � Lead receipt of ��orized payrnent requests, the Authority shall convey to the Lead ;y RTA fun� �in the amount specified in Exhibit A on a reimbursement basis ;; �therwise s��cified herein. All payments and reimbursements shall fallow the �� .tlined i�` the RTA's Administrative Code. � ��,,�ortion of the Project fid�nitee in all of the TA shall be identified as �eneral liability. The Lead r� .;.�s an additional , �., ic � �sted for the ring �d submitting to "�e Authority, ris� ��e`ci�ied herein, i�voices for q�� of the Lead Agency and which � r , g payments made to den��d in t_ is Agreement or the rnust r' d certify all vendor � as nee�ed and ensure that they are �"� i5 � 'final payrnent is made unless responsible ��r s�bmitting a status report describing its the Project sc��e, schedule anc� budget with each request �its will generally be based on the Project schedules established by the and contained in Exhibit A. c. The RTA staff will review all payrnent requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request for additional informatian within five days of the receipt of the invoice by RTA. Regular Council Meeting - November 19, 2013 - Page 77 of 165 Exlubit A— Resoluhon 2013-106 4 d. Upon approval of the request by the RTA, the invoice will be processed for payment within ten working days of the invoice submittal. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Frior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default_ If the default is not cured within that rime, the other party may terminate this Agreement. Any such terminarion shall not relieve either party from liabilities or costs already incurred under this �.greement. 7, Non-assignment. Neither party to this Agreement shall assi ta any other party without written permission from the other pa 8. Construction of Agreement. � e. a. Entire agreement. This instrument consti�`�es the E parties pertaining to the subject matter �ier��, and agreements and understandings, oral or writt�� r� herein. Any exhibits to this Agreement are inc�� b. Amendment. This Agreement ��.�r: be modified, ar written agreement signed by bo��p�ti�s, :;, , c. Construction and interpretation. AII prc��ions �� to be consiste�t��;�� intention oft�e pa.rties a�. only and are ts under this Agreement Agreement. agreement ior or cont� Fy superseded and rnerged herein by this reference_ or changed only by nent shall be construed in the Recitals hereof. headings u��d in this Agreement are for convenience affect the m�`ning of any provision of this Agreernent. `��t�_ In the' ��t that an}r provision of this Agreement or the application �f is ��l��d inv�� or void by statute or judicial decision, such action shall no effect �n` ather p�vi�i�ns and their application, which can be given effect ►ut the inval�d �r void provision or application, and to this extent the provisions c��ti�� Agreement �� seveiable. In the event that any provision of this Agreement is decl�� invalid o��oid, the parties agree to meet promptly upon request of the other y ; .. party i�. �a attempt to reach an agreement on a su�bstitute provis�ion. f. This Agreeri�ent is subject to the provisions of A.R.S. § 38-511. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon complerion of the Project_ 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. Regular Council Meeting - Noyember i9, 2013 - Page 78 of 165 Exlubit A— Resolut�on 2013-106 5 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any empioyer-employee relationship between the Lead Agency and any Authority employees, or between the Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes far any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions af this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the Iegal liability of either party to the Agreement by imposing any stand�� care different from the standard of care imposed by law. ' 13. Compliance with Laws. The parties shall comply with ��Pphc�.�le.federal, state and 1oca1 laws, rules, regulations, standards and executive orders, w� o�lirnitahon �i� those designated � within this Agreement. , � �� ` __ a. Anti-Discrimination. The provisions of ,� �;,�, § 41-1 99-4 issued by the Governor of the State of Ar�z�i� are a part of this Agreement. b. Americans with Disabilities Ac�,�'�is Agreement is � of the Americans with Disabilities �� i�.��c Law 101 and all applicable federal c. Workers' Comp�� "employee" of b�tih pul�� purposes of ��.�, § 23-1 � primary employei� ��ll be may accrue. Each , =T � All emplc�� work under at or of A An and the Ariz ;lv liable for and Executive;±��r Number ��porated by th� reference as to all applicable provisions '�� I,T.S.e. 121Q1-12213) 28 CFR Parts 35 and 36. either pa��`shall be deemed to be an �rforrrurig pursuant to this Agreement, for ia Workers' Compensation laws. The :ers' compensation benefits, which to the provisions of A.R.S. § 23- are hei�b� f�rther notified that they may be required to �urisdicti�n or control or within the jurisdictional �ather �ublic agency pursuant to an intergovernmental ��itract, and under such circumstances they are deemed by �ona to be employees of both public agencies for the �rkers' compensation. 14. Waiver. Waiver 1�� either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, cavenant or condition, or any subsequent breach of the same ar any other term, covenant, ar condirion herein contained. 15. Force Majeure_ A party shall not be in default under this Agreement if it does not fuifill any of its obligations under this Agreement because it is prevented or delayed in doing sa by reason of uncantrollable forces. The term "uncontroliable farces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, Regular Council Meeting - Noyember 19, 2013 - Page 79 of 165 Exhibit A — Resoluhon 2013-106 ( strike, lockout, labor dispute, baycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid_ Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with alI reasanable dispatch. 16. Notification. All notices or demands upon any pariy to this Ag unless other forms are designated elsewhere, and shall be delivered addressed as follows: The Aufhority: Farhad Moghimi, Executive Director Regional Transportarian Authority 177 N. Church St., Suite 405 Tucson, AZ 85701 11 17. Remedies_ Either pa.rty may pursue any remedies prt�� Agreement_ No right or remedy is intend�d to be exclusive shall be cumularive and in addition to an� ��ter right or ret virtue of this Agreement. „ 18. Counterparts. This Agreement may be which shall be deemed an �t;�t�i`u�L but all of instrument_ The signat counterpart and atta�� In Witness the Mayor, up�� caused thi� �1Qree� a si one or Town AZ 85653 shall be in writing, n or sent by mail � law for the breach of this other right or remedy and each kisting at law or in equity or by r rr�ore counterparts, each of �il constitute one and the same may be removed from such �of, � 9�� !larana.has caused this Agreement to be executed by �� on of �� Counci� ��d to by the Town Clerk, and the Authority has ��e exec�z�tl by its Chair of the Board. TRANSPO Stephen W. Town of Marana: Ed Honea, Mayor ATTEST: Jocelyn Bronson, Town Clerk OF PIMA COUNTY Date Date Date Regular Council Meeting - November 19, 2013 - Page 80 of 165 Exhibit A— Resolution 2023-I�6 7 The foregoing Agreement between Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Farhad Moghimi, Execurive Director Keith Brann, Town Engineer ATT4RNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation County and the Town of Marana has been reviewed pursuant to A.R.S; undersigned who have determined, each with respect to its own ch��; and is within the powers and authority granted under the laws of ��_�x to the Agreement represented by the undersigned. Regional Transportation Authority af Pima Thomas Benavidez, Attorney for the Authority Town of Marana • Frank Cassidy, T Date Authority of Pima - ��ion i 1-952 by the that it is in proper form ate of Arizona ta the party Regular Council Meeting - November 19, 2013 - Page 81 of 165 Exhibit A — Resalurion 2013-106 $ Regular Council Meeting - November 19, 2013 - Page 82 of 165 Exhibit A — Resolution 2013-106 EXn�b�t a Ina Road Sidewalk 1 RTA BaIIoUProject Number: 2 RTA Plan Element: 3 RTA Plan Sub-Element (if applicable): 4 TIP Project Number: 5 Project Name: 6 Work Phase Covered by this Exhibit: (check af( that app{yj tll-41 {II - Enviranmentai and Ecanomic Vita(ity Element 41 - Greenway, Rathway, Bikeways and SidewaEKs 74.12 !na Road Sidewalk Ptanning Design Right of Way Construction Project Management EnvironmentallOther X X 7 Project Manager Information (person responsible for status reportsj: Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Kurt Schmidt 11655 W. Civic Genter Drive, Marana, AZ 86653 382-2692 382-2644 kschmid#(uZmarana.cam 8 Authorized Representative(sj {for signing & submitting pay requests): Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Name: Maiting Address: Tefephone Number: Fax. Number: Email Address: 9 Map of Project Limits Attached? Keith Brann �11555 W. Givia Center Drive, 382-2600 382-2644 kbran n (c3y MARANA.CO M Kurt Schmidt 11665 W. Civic Center Drive, Nlarana, AZ 85653 382-2692 382-2644 kschmidt(c�marana.eam Yes Regular Council Meeting - November 19, 2013 - Page 83 of 165 1 of 5 Exhibit A tna Road Sidewalk 10 Narrative Description of Project Scape, inc(uding improvements to be made and project intent (discuss how project wilf address prob{ematic areas): 11 Tota! maximum amount of Authority funding allowed for the Project or Project camponent under this Exhibit: 12 Project Budget (current year dollars): Ptanning Design Right of Way Constructron Project Management Environmental/Other Total Project Budget (all funding sources): 13 Project Budget by Funding Source Ptanning Design Right of Way Constructian Project Management EnvironmentaUOther Total Project Funding (must equal no. 11) 14 Funding Sources (current year dollars): RTA STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds Other Total Funding Sources (must equa! no. 11): The Town csf Marana proposes to construct concrete sidewafk a[ong the south side of West lna Road between the InaiThornydale intersection and the Inali�heredith Intersection connecting, with a durab(e accessible raute, an existing bus stop si#uated about halfway between the aforementioned intersectians. Additionally, the existing pedestrian access ramps at all quadrants of fhe Ina/Merediti� Intersection will be upgraded to meet current ADA standards. �so,oao in-House Outsourced Total ��a,000 $5,000 ��J $0 $5,Ot10 $a �� r 3 ��{�0 $10,OOQ $0 $10,{tOt} $70,000 $80,000 RTA Non-RTA Total $5,00€} $ss,aao $90,4Q0 $� $0 $5,OOQ $0 �ss,00a $1 Q,000 $0 $80,QOfl $0 $8Q,000 $80,000 Regular Council Meeting - November 19, 2013 - Page 84 of 165 2 of 5 Exhibit A Ina Road Sidewalk 16 Identify other project components not covered by this agreement (if any): Rlanning, right-cf-way, environmenta[ 16 Estimatec! construction start date and duration of construction: March 2014; 3 rrtanths 17 Expected Reimbursement Sahedule: Calendar Year Calendar Year Calendar Year (related to this exhibit amount only} 2013 2014 2015 January February $6,000 March $1,600 April $1,5Q0 May $36,Q00 June $56,000 July August September October November December Total $0 $80,OOQ $0 Regular Council Meeting - November 19, 2013 - Page 85 of 165 3 of 5 Regional Transportation Authority of Pima County Payment Request lnvoice Periad: Project Name: Project Sponsor/Lead Agency: RTA Ballot/Project Number: TIP Project Number: RTA Plan Etement: Project �escription: Project Location: Project Phase: Proiect Bud�et: Ptanning Design Right of Way Construction Project Management Environmental/Other Total Project Budget (all funding sources) Expenditures to Date: Planning Design Right of Way Construction Project Management EnvironmentaUOther Total Expenditures ta Date: Totai Funding/Expenditures to Date By: (inctuding this RTA pay request) Amount of this Request: Outsourced In-House Totai $a.oa $0.00 $o.oa $0.00 �o.ao $0.00 $0.00 Lead Agency $0.00 �o.ao $o.oa $0.00 $0.00 $0.04 $0.00 $4.00 $0.00 �a.ao Tota[ $o.oa RTA $0.00 Regular Council Meeting - November '[9, 2013 - Page 86 of 165 4 of 5 Regional Transportation Authority of Pima County Payment Request Project Status Planning Design Right of Way Construction Project Management Environmental/Other Project Comments, Status, etc. Certification: Signed By: Title: Date: �:�;�;£ °. .;y., :, . .� For RTA Use Onlv % Complete On-Schedule (if no, exp(ain below) I certify that the information contained in this pay request is true and accurate. 1 further certi#y that RTA funds have been expended in accordance with applicable RTA statutes. RTA funds are available in the current year budget: Project funding has been authorized in the current TIP: IGA/Project Agreement has been executed: Additional Insured/Beneficiary documentation provided: Sufticient documentation provided: RTA Approval 8� Title Date: Yes 0 � 0 0 0 � � � � � t.. . . ., _ � . � .� ,. �� ,�� . ..\.m. . . . . . . ... .i,:,,. ,.,.. ,�� . . .... b�,� E � i Regular Council Meeting - November 19, 2013 - Page 87 of 165 5 of 5 11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: From: Mayor and Council Keith Brann, Town Engineer Strategic Plan Focus Area: Not Applicable Item C 7 Subject: Resolution No. 2013-107: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authoriry and the Town of Marana for design and construction of the Sandario Road Sidewalk-Path Discussion: The Town of Marana and the Regional Transportatian Authority (RTA) are authorized by state statute to work together on capital impravement projects. The Sandario Road Sidewalk-Path multiuse path will pravide northwest Marana families improved access from communities such as Gladden Farms and Rancho Marana, ta the Marana Health Center and Marana schoals. The path will also provide area residents a multi-modal transportation alternative and serve as a value added recreational facility. The improvement will increase pedestrian safety along the Sandario roadway corridor_ The attached intergovernmental agreement establishes the RTA's cornmitment. to a financial contribution in the amount of $200,000 to be used toward the cost af the Project. Financial Impact: The Town will be receiving $200,000 from the Regional Transpartation Authority. ATTACHMENTS: �arnc:: llc�scr��tic�� Reso 2413- 107 Sandario sidewalk aath RTA TOM IGA �e��,�p��_�{�7 (040361€}61.docx ��y��c�: i� Sandaria Road Sidewalk-Path - IGA.doc Ex A tc� resr� ��#13-1C}7 Exh�Eaifi � Sandario Raad Sidewaik-Path - Exh A to ita�i_S�ncfar6a F�o�d �ic4e�va(�-Path - IC�A, Exhibit Exh�bit [GA, Exhibit A.xisx � � 8andario Road Sidewalk-Pafh - Proisct Limits.pdf Staff Recommendation: ��r�ar€a �c��d �idew�Ik-Pafih - Prsaject Lirr�i�s Back�p �9a#eri�� Staff recammends adoption of Resolution No. 2013-107, approving an intergovernrnental agreement with the RTA to provide for funding of the Sandario Road Sidewalk/Path. Regular Council Meeting - November 19, 2013 - Page 89 of 165 Suggested Motion: I move to adopt Resolution 2013-107, approving an intergovernmental agreement with the Regional Transportation Autharity for the Sandario Road Sidewalk/Path, and authorizing the Mayor to sign it. Regular Council Meeting - November 19, 2013 - Page 90 of 165 112ARANA RESOLUTION NO. 2013-107 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN 1NTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR DESIGN AND CONSTRUCTION OF THE SANDARIO ROAD SIDEWALK-PATH WHEREAS A.R.S. § 48 5301, et seq., authorizes the Regional Transportatian Authoriry (RTA) to act as a regional t�ing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan approved on May 6, 2006; and WHEREAS the RTA is authorized by A.R.S. § 48-53Q4 (16) and § 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Regional Transportation Plan; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution to facilitate the design and construction of the Sandario Road Sidewalk-Path. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the RTA for design and construction of the Sandario Road Sidewalk-Path in substantially the form 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 ather and further tasks required or beneficial to carry out the terms, obligatians, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19` day af November, 2013. Mayor Ed Hanea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2013-107 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 11/12%2013 3:13 PM Regular Council Meefing - November 19, 2013 - Page 91 of 165 INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY Q� PTMA COUNTY AND FOR DESIGN AND CONSTRU SANDARIO ROAD SID� This Agreement (hereinafter "the Agreement") i� �n�e��d into Transportation Autharity of Pima Counry (the "RTA" tir �e ": district formed pursuant to Title 48 Chapter 30 of the Ariati�: Town of Marana, an Arizona municipal �Qtporation ("the Lea� A. A.R.S.§ 48-5301, et sec�., the purpose af fun�ing �� identified in th�,Regional special elect��,�e�d in P� �� B. The gov�rnmg boartc� �� the �g�� auncil of �� C. �'suant to A R � ��8-5 � a��a�itv ta implem�:�h� )F THE PATH between �"), a spec�a� taxing Statutes (A.R.S.), and the authorizes tl�� Auth�rity 1� �� s a regional taxing authority for �lti-model tran��rtation op�rations and improvements �nsportation �':1an ("the Plan") approved by the voters at the m�. �ounty, Ariz�na, on May 16, 2Q06. af representatives af each member of with A.R.S. § 48-5303. he governing board of the Authority has sole of the Plan. D. Pursua�� A.R.S. § 4�-5304 (13), the gaverning board of the Authority shall coordinate the implei��t�tion c��the Plan among the local jurisdictions. E. A Regional Tr�partation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be Che repository for those funds collected for the purpose of funding the transportation projects identified in the PIan. F. The Authority is authorized by A_R.S. §§ 48-5344 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. f2egular Council Meetin - November 19, 2013 - Page 92 of 1&5 RTA Draft IGA 8/17/06 hg j G. The Lead Agency is authorized by A.R.S. § 9-240(B)(3) to design, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency ta perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries_ L The Lead Agency and the Authority wish to caaperate in the design and construction of the Sandario Road Sidewalk-Path ("the Project")_ J. The Project is one of the transportation projects included �� t�e Plan or is eligible for funding as part of a categorical program included m th��ar� '�°: � � ��_ K_ The Authority intends to fund the Project under th� �err�s and cori��tions contained in this Agreement and has entered into this Agree�ent for that purpose:` L. It is the policy of the Authority to require t�i�t`� lead age��y be identified an� �:n � .:: intergovernmental agreernent (IGA) be appravei� a��i e��ered,into by the Authority and the lead agency before rec�uests for funding reimb'`�ent or payment can be processed by the Authority_ �� ` , M. The Town of Marana has been ident responsible for all aspects of project management, risk advertisement, a� contracts for th�.�' N. The RTA's � another for and will Lead Agen��i the Project and will be �t�� includ��ig, but not limited to project � ��sition if any and construction, tion o�the design and construction payments and other procedures unless may contract far services and enter into agreements ve action pursuant to A.R.S. § 11-952, et seq. NOW, THEREFORE, µ, e Town of Marana and the Authority, pursuant to the above and in consideratio� ��the matter� d things set forth herein, do mutually agree as fallows: ; � �� . \ ��` AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. 'The Town of Marana proposes to construct a 10' multi-use path that extends from Moore Road to Grier Road along the west side of Sandario Road as more fully depicted in the attached E�ibit(s). Regular Gauncil Meetin - November 19, 2013 - Page 93 of 165 RTA Draft IGA 8/17/06 hg 2 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired_ 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, co� of the Project in accordance with this Agreement and all traffic signal, and street lighting design and constructi�ri are federal, state, county or municipal standards for ��tgi� public works facilities design. Examples of Design �tan Association of State Highway and Transporta.t��t� O�fici� Administration standards for highway engineering arid c County/City of Tucson Standard Specifi�tions for �ubli County Roadway Design Manual, Octo��r �002 Department of Transportation /Ciry of Tucs�n:� Pavement Marking Design Manual, and Pima � guidelines for raadway lane �vidths and level of b. If consultants or contractors Lead Agency shall be respo� Project and shall select the c Lead Agency s�� t�media contract doc�nents ��l �ela Agency shal� �r�tain the :�ua a authority to ap�r�ue ct��ag� be paying for c. d_ The Lea+ completi n ancUor installation ►1e public roadway, ls. Design Standaxds traffic, safety or ;lude the American ederal Highway on, the Pima �ern�nts. the Pima �4n, the Pima Cou�Cy�� ne�t of Transpor�atio� and municipal design tge protection. perform a��irtion of the Project, the � rights of t and make ��cts far d�sign and construction of the �id be used on the Project. The to the Au€�iority copies of any and alI � upon request by the Authority. The Lead e o�vner af a public contract including the r�tyments. However, any changes to the `oject cost deviating, by ten or more percent, nount for the Project, must be approved by the changes being made, whether or not the Authority will be responsible for all traffic management, including public struction of the Project. shall aperate and maintain the impravements during and after e. The finai cost of the Project shall be that amount necessary to complete the Project including any unanticipated wark incorporated into the Project by change orders and amendments executed by the Lead Agency_ The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. Regular Council Meefin - November 19, 2013 - Rage 94 of 165 RTA Draft IGA 8/17/06 hg 3 g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed ta that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's contracts for the Project. Specifically, the RTA shall be identified as an additional insured with respect to insurance policies for g�neral liability. The Lead Agency shall also require its contractors to name the Aut�t�rit� as an additianal beneficiary in any performance and payment related a�u�ances posted for the Project. '� � i. The Lead Agency shall be responsible for pre��:r within the first week of each month or as o�a�rw� payment signed by a duly authorized re��sentati include sufficient background inform��i�n :�c�cun contractors, vendors or any other eligible ct��ic RTA's Administrative Code. The Lead Agency � receipts, invaices and any reT�t�d Project records available for review for a minir��f five years otherwise specified herein. The Lead A� progress and for pavmen�� shall be respon� `�� the Praj specified he of the Lead to the Authority, �nvoices for �: ��.,.and which payments ma�� ied,,in this Agre�tnent or the reta.in and certify all vendor eeded and ensure that they are .��nal navrnent is made unless i status report describing its and budget with each request 5. Responsibilities of � �r� �� ,of auth�rized paymei�� irequests, the Authority shall convey to the Lead Agency R�`� „. ds 1ri �:�mount specified in Exhibit A on a reimbursement basis unless otherw ��ecifie+� �er�in. All payments and reimbursements shall follow the '�licies autline � zhe RT�i'`s Administrative Cade. � generally be based on the Project schedules established by the tained in Exhibit A. c. The RTA st��will review all payment requests to confirm that the request is for reimburseri�ent of costs incurred by the Lead Agency for the Project. If the Authority determines that additional informatian is needed, the Lead agency will be notified of the request for additional informatian within five days of the receipt of the invaice by RTA. d. Upon approval of the request by the RTA, the invoice will be processed for payment within ten working days of the invoice submittal. Ftegular Councii Meetin - November 19, 2013 - Page 95 of 165 RTA Draft IGA 8/17/06 hg 4 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in defauit shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement sha11 assign its rights under this Agreement to any other party without written permission from the other party to thi� Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument canstitutes the parties pertaining to the subject matter hereof, �� agreements and understandings, aral or written, a herein. Any exhibits to this Agreement �.r� incor� b_ Amendment_ This Agreement may be mo written agreement signed by both parties. c. Construction and interpretatiori� � to be consistent with the intentit��, d. Captions and headings. The headi� anly and are nc� rn��d to affect m of as herein by between the and merged altered or cktanged only by nent shall be construed in the Recitals hereof. �ement are for convenience provision of this Agreement. e. Severab�� the eve��,that any provi�ion of this Agreement or the application thereof is dec��d inva�id or void by stah�te or judicial decision such action shall have no effect o��r pr��i�� ,their application, which can be given effect e ;, ; �i�i� t��, i�valid �� id provisr6r� or application, and to this extent the provisions of the Agri declared ir ��,rtv in an f 9. Ownership of Ii appurtenances insta] upon completion of mm��t are ��able. In the event that any provision of this Agreement is a1�� r.�t void, �� rties agree to meet promptly upon request of the other ttem�t �o reack� �n agreement on a substitute provision ent is s�ibject to the provisions of A.R.S_ § 38-51 l. ��ments. Ownership and title to all materials, equipment and pursuant to this Agreement shall automatically vest in the Lead Agency Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be canstrued as either limiting or extending the legal jurisdictian of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relatianship between the parties or create any employer-employee relationship between the Lead Regular Council Meetin - November 19, 2013 - Page 9& of 165 RI'A Draft IGA 8/17/O6 hg $ Agency and any Authority employees, or between the Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income t�es far any of its emplayees. 12, No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standaxd of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall cornply with all applicabl� f�deral, state and local laws, rules, regulations, standards and executive orders, without h tion to those designated within this Agreement_ �� a. Anti-Discrimination. The provisions of A.R.S. ��1-7�-63 and ��utive Order Number 99-4 issued by the Governor of the State of Ari��na ar� incorporate� �ay reference as a part of this Agreement. „ b. Americans with Disabilities Act. This Agree��nt is s��t to all applic�te provisions of the Americans with Disabilities Act (Public Law 1t�1=336, 42 U_S.C. 12101-12213) and all applicable federal regulat�gns under the Act, i��t�ding 28 CFR Parts 35 and 36. �6.. .. c. Workers' Compensatian. An empTc��: �f either party s�� e"deemed to be an "employee" of both public agencies; ;�hi1e �+�orming purst�t to this Agreement, for purposes af A.R.S § 23-1022 and the �rizQ��c�r��' Gompensation 1aws. The primary employer sl��ll ; liable �c�r any work��compensation benefits, which may accrue. E�.ch part�°'" �,�1 post a noticepursuant ta the provisions of A.R.S. § 23- 1022(E) in su�a��t�atially th�-�'�llowing forn�,, All employe� �re �i�r��r�hher n�t�fied that they may be required to �� u�ader the �i��isdiction �ir �i��rol or within the jurisdictional bounda�� of anat�ter,public agency pursuant to an intergovernmental agreemen� ontrac�,�d �znder such circumstances they are deemed by the laws of ona to ��"employees of both public agencies for the purposes of v�c�r�ers' �ompensation. 14. Waiver. Wai�� ; by eith��, party of any breach of any term, covenant or condition herein contained sha11 not��ee�°�t� a waiver of any other term, covenant or condition, or any subsequent breach of fh� same or any other term, covenant, or condition herein contained. 15. Force Majeure. A party shall not be in default under this Agreement if it does nat 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 ar transmission facilities, weather canditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabatage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts af 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 ftegular Council Meetin - November 19, 2013 - Page 97 of 165 RTA Draft IGA 8/17(O6 hg ( any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either pariy rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Nofification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Farhad Moghimi, Executive Director Regianal Transportation Authority 177 N. Church St., Suite 405 Tucson, AZ 85701 Keith Brann, 11555 W. �� Marana, A� Dr. 17. Remedies_ Either pariy may pursue any remedi� provided by law for the �r+��ch of this Agreement. No right or remedy is intended to be .��Iusive of ar�� other right or r��t�y and each shall be cumulative and in addition to any other right a�` remed� �x��ting at law or �i ar by virtue of this Agreement. 18. Counterparts. This Agreement may in two cir inQre caunterparts, each of which shall be deemed an original, but all c�� together shall ��stitute one and the same instrument. The signature pages from one o�r more ��unterpart may be removed from such counterpart and attached ta a single instrumen�_ In Witness the Mayor, upon r� caused this A�reer of the by its Chair .�sed`"this Agreement to be executed by the Town Clerk, and the Authority has Board. REGION OF PIMA COUNTY Date Ed Honea, Mayor Date ATTEST: Jocelyn Branson, Town Clerk Date The foregoing Agreement between Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Regular Cauncil Meetin - November 19, 2013 - Page 98 of 365 RTA Draft IGA 8/17/06 hg ^7 Farhad Moghimi, Executive Director Keith Brann, Town Engineer ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined, each with respect to its own client, that it is in proper form and is within the powers and authority granted under the laws of the Staxe of Arizona to the party to the Agreement represented by the undersigned. , Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Town of Marana Frank Cassidy, Town Attorney Regular Council Meeting - November 19, 2013 - Page 99 of 165 RTA Draft IGA 8/17/O6 hg $ Regular Gouncil Meeting - November 19, 2013 - Page 100 of 165 RTA Draft IGA 8/17J06 hg Regional Transportation Authority of Pima County Exhibit A 1 RTA Ba11otJProject Number: 2 RTA Plan Element: 3 RTA Plan Sub-Etement (if appiicable): 4 TIP Project Number: 5 Project Name: 6 Work Phase Covered by this Exhibit: (check all that appiy) 11-37 ii - Saftey Element 37 - Elderiy and Pedestrian Safety Impravements 76.12 Sandaria Road Sidewalk/Rath Planning Design Right of Way Construction Project Management Environmentat/Other X X 7 Project Manager Information (person responsible for status reports): Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Mac Murray 11555 W. Civic Center Drive, 940-8773 382-2644 mmurravtr�marana.com 8 Authorized Representative(sj (for signing 8� submirting pay requestsj: Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Name: Mailing Address: Telephone Number: Fax. Number: Email Address: 9 Map of Project Limits Attached? Keith Brann 11656 W. Civic Cen#er Drive, 382-2600 582-2644 kbrannCcx2MARANA.C�M Mac Mu arana, AZ 85653 c 382-2644 mmurravCNmarana.cam Yes Regular Council Meeting - November 19, 2013 - Page 101 of 165 1 of 5 10 Narrative Description of Project Scope, inciuding improvements to be made and project intent (discuss how project wi([ address problematic areas): 11 Totat maximum amount of Authority funding allowed for the Project or Project component under this Exhibit: 12 Project Budget (current year dollarsj: Ptanning Design Right of Way Construction Project Management Environmentaf/Other Total Project Budget (all funding sources}: 13 Prcject Budget by Funding Source Planning Design Right of Way Construction Project Management Environmental/Uther Tota( Project Funding (must equal no. 11) 14 Funding Sources (current year dollars}: RTA STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds Other Total Funding Sources (must equal no. 11): Town af Marana proposes to construd a 10' multi-use path that ea Moore Raad to Grier Road along the west side of Sandario Raad. $240,{?04 ln-House Outsourced Total $0 $30,40t} $34,Ofl0 $t? $970,OC}0 $170,000 $20,000 $20,Q00 $10,040 $14,Q00 $SQ,QO{? $180,Q�0 $230,Ot10 RTA Non-RTA Total $0 $0 $0 $170,t}Q{I $17Q,OQ0 �Za,00a �zo,00a $90,000 $10,OOQ ��Q� .�0 � $�ao,a�o Regular Council Meeting - November 19, 2013 - Page 102 of 165 2 O f r� 15 Identify other project components not covered by this agreement (if any): PEanning 16 Estimated construction start date and duration of construction: February 2014; 2 months 17 Expected Reimbursement Schedu(e: (related to this exhibit amount onty) January Feb�uary March April May June July August September October November December Total Calendar Year Calendar Year Calendar Year 2013 2014 2016 $100,000 $75,004 $25,000 �1� $200,OOQ $0 Regular Council Meeting - November 19, 2013 - Page 103 of 165 3 of 5 Regional Transportation Authority of Pima County Payment Request invoice Period: Project Name: Project Sponsor/Lead Agency: RTA Ballot/Project Number: TIP Project Number: RTA P(an Element: Project Description: Project Location: Project Phase: Proiect Bud�et: Outsourced in-House Total Planning $0.00 Design $0.00 Right of Way $0.00 Construction $0.00 Project Management $0.00 Environmental/Other $0.00 Total Project Budget (alt funding sources) $Q.00 $0.00 $0.00 Expenditures to Date: Planning Design Right of Way Construction Project Management EnvironmentaUOther $o.oa RTA $0.00 �o.ao $0.00 $0.00 $0.00 $o.oa Total Expenditures to Date: Total Funding/Expenditures to Date By: (including this RTA pay request) Amount of this Request: $o.oa Lead Agency �o.00 TotaE $0.00 Regular Council Meeting - November 19, 2013 - Page 104 of 165 4 of 5 Regional Transportation Authority of Pima County Payment Request Projeat Status Ptanning Design Right of Way Construction Project Management Environmental/Other Project Comments, Status, etc. Certification: Signed By: Title: Date: For RTA Use Onlv % Compiete On-Schedule (if no, explain below} f certify that the information contained in this pay request is true and accurate. 1 further certify that RTA funds have been expended in accordance with applicable RTA statutes. RTA funds are available in the current year budget: Project funding has been authorized in the current TIP: IGAIRroject Agreement has been executed: Additional Insured/Beneficiary documentation provided: Sufficient documentation provided: RTA Approval 8� Title Date: Yes � � � 0 0 � � �� ' � � ; �d �. � ri ,,� � ;.� , . . �:�� , �,�,,. � „ .. Regular Council Meeting - November 19, 2013 - Page 105 of 165 5 Of 5 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: Mayor and Council From: T Va.nHook, Community Development Director Strategic Plan Focus Area: Not Applicable Item C 8 Subject: Resolution No. 2Q13-1Q8: Relating to the Police Department; approving and authorizing the Town Manager ta execute a Subgrantee Agreement with the Arizana Department of Homeland Security for purposes of receiving funds under the 2013 Operation Stonegarden Grant Program Discussion: For the fourth consecurive funding period, the Town of Marana has been selected to participate in Operation Stonegarden activities in southern Arizona. Operation Stonegarden is a federally funded program originating with the 2Q06 Emergency Supplemental Appropriatians Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, praviding the Town of Marana an opportunity to participate and receive funding for the fifth straight year. The program pravides sta.tes the flexibility to use Department of Homeland Security grant funding to enhance coordination among state a.nd federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions ta their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. For 2013-2Q14, the Town was awarded $146,366 under a subgrantee agreement with the Arizona Depaxtment 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 participarion in this operation, Marana will use its authority to control the rautes 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, mastly two-lane roads paralleling I-10 to the west. The Marana Police Department's primary goals are to: (1) reduce crime in border cammunities 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 operatians with the Pima County Sheriff"s Department and U.S_ Border Patrol Tucson Sector. Marana, in cooperation with the Pima Caunty Sheriff and U.S. Barder Patrol, will deploy officers along prime roadways prone to invake illegal activity and national security concerns. Because Marana sits 60 miles from the Mexican Border and hosts segments of rural transportation routes tradirionally used to smuggle undacumented workers and drugs up from Mexico, three specific areas will be targeted for Stonegarden activities: Area one: Sandario road from Emigh to Avra Valley. Regular Council Meeting - November 19, 2013 - Page 307 of 165 Area two: SilverbelUTwin Peaks Carridor. Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP_ To support this initiative Marana will deploy up to six uniformed off'icers, a canine officer, and a supervisor with supporting staffing from dispatch. These deployments will consist of eight (8) hour shifts conducted in coordination wrth partnenng agencies. Deployment dates will coincide with Operation COBIJA, Operation Knight Hunter, "surge" dates identified by HIDTA, United States Barder Patrol, ICE, and internal/external intelligence information and trends. If contact ancUor 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 apprapriate 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 facused 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 ($146,366). There is no match requirement for the funding. Grant funding has a small impact on the Police, Community Development and Neighbarhood Services, and Finance departmental operating budgets for administratian. ATTACHMENTS: 1��t�t�: �,7e°scr��t�c��z: I� Reso 2013- 108 approvins� 2Q13 Operation Stonectarden aqreement ��pq�_�� {Qp036129).doc � �Reration Stane4arden - Subqrantee Aqreement 11-12-2013.pdf Staff Recammendation: �uE�gcante� Agrees E��;sc�l�tts�n ��h�b€Y Staff recommends approval of the Subgrantee Agreement with the Arizana Department of Homeland Security for purposes of receiving funds under the 2013 Operation Stonegarden Grant Program. Commission Recommendation - if applicable: NA Suggested Motion: I move to adopt Resolution No. 2013-108 approving and autharizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds iinder the 2013 Operation Stonegarden Grant Program. Regular Council Meeting - November 19, 2013 - Page 108 of 165 MARANA RESOLUTION NO. 2013-108 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 2013 OPERATION STONEGARDEN GRANT PROGRAM. WHEREAS the Town of Marana recognizes its dury to protect its citizens cancerning 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 far 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 ta receive funds related to the Operation Stonegarden Program. NOW, THEREFORE, BE IT RESOLVED B� THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTIUN l. Subgrantee Agreement 13-AZDOHS-OPSG-130427-01 between the Arizona Department of Homeland Security and the Town of Marana, attached to and incarporated by this ref- erence in this resolution as Exhibit A, is hereby approved and the Tawn Manager is hereby author- ized to execute it for and on behalf of the Town af Marana. SECTION 2. The Town's Manager and staff axe hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, abligarions, and objec- tives of the Subgrantee Agreement. Mazana Resolution 2013-108 - 1 - Regular Council Meeting - November 19, 2013 - Page 109 of 165 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19 day of November, 2013. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mazana Resolufion 2013-108 - 2 - ftegular Council Meeting - November 19, 2013 - Page 110 of 165 SUBGRANTEE AGREEMENT Operation Stonegarden Overtime and Mileage 13-AZDOHS-OPSG 130427-01 Enter Grant Agreement Number above (e.g., 130xxx-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 Subreapient 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 subrecipienYs role in administering homeland security grant funds. 11. TERM OF AGREEMENT TERMINATION AND AMENDMENTS This Agreement shall become effective on November 1, 2013 and shall terminate on December 31, 2014. The obligations of the subrecipient as described herein will survive termination of this agreement. lii. 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 OPSG Overtime and Mileage and funded at $�as.ass.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 $ �as ,366.00 to the subrecipient for senrices provided under Paragraph III, n er un e moun a ove b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www.azdohs.qov. Payments will be contingent upon receipt of all reporting �equirements of the subrecipient under this Agreement. 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 1 Regular Gouncil Meeting - November 19, 2013 - Page 11'i of 165 V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application. Any modification to quantity or scope of work must be preapproved in writing by the AZDOHS. Therefore, should the project not be completed, the subrecipient shal! reimburse said funds directly to the AZDOHS immediately. !f 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 Federa( 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), fihe 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 subrecipienYs 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, equipment, 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 Funding Opportunity Announcement (FOA}, 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.qpo.qov/nara/cfr/waisidx 07/44cfrv1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments (A-87 OMB Circular), at htta://www.access.qpo.aov/nara/cfNwaisidx 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:l/www.whitehouse.qov/omb/circulars/a133/a133.html. 13-AZOOHS-OPSG- �34427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 2 Regular Gauncil Meeting - November 19, 2013 - Page 112 of 165 c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (formeriy 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 �s://www.rkb.mipt.org/ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Crimina! fntelligence 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: National Incident Management System (NIMS) The subrecipient agrees to remain in compliance with National Incident Management System (NIMS) Implementation initiatives as outlined in the FOA. Environmental Planning and Historic Preservation The subrecipient shall comply with aIl 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 shail 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 Preseroation 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 totaf cost of services performed. ConsultanUtrainer/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 �eimbursed 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will resutt in termination of this award. Version 10282013 Page 3 Regular Council Meeting - November 19, 2013 - Page 113 of 165 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. Contracto rslS u bco ntractors 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/FOA and DHS Program Guidance. 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 subrecipienYs policies and procedures; and the State of Arizona Accounting Manual (SAAM); must be applied uniformly to both federally financed and other activities of the agency; and will be reimbursed at the most restrictive allowability and rate. At no time will the subrecipienYs reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travet Policies: http://www. gao. state.g ov. Procurement The subrecipient shall comply with all internal agency procurement rules/policies and must afso 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 enfer info a Noncompetitive (Sole or Single Source) procurement agreement, unless prior written approval is granted by the AZDOHS. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website, http://www. azdohs.gov/Documents/G rants/NoncompetitiveProcu rementRequestForm.xls. Training and Exercise The subrecipient agrees that any grant funds used for training and exercise must be in compliance with the FOA. 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 alJ exercises, documentation and After Action Reports/Improvement Plans via fhe HSEEP Toolkit. 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 4 Regular Gouncil Meeting - November 19, 2013 - Page 114 of 165 c) Within 60 days of completion of an exercise, or as prescribed by the most recent HSEEP guidance, the exercise host subrecipient 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, HSEEPCa�dhs.qov, the AZDOHS Strategic Planner, and the Arizona Department of Emergency Management (ADEM) Exercise Officer. 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 for authorized purposes as described in the FOA, grant application, and Code of Federal Regulations (CFRs). 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 a useful life of more than one year. If the Capital Asset current value is equa{ to or greater than $5,000 at the end of life or required project activities is discontinued, the subrecipient must request and 13-AZDOHS-OPSG- �30427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 5 Regular Council Meeting - November 19, 2013 - Page 115 of 165 receive authorization from AZDOHS prior to disposifion. The Equipment Disposition Request form and Guidance is located on the AZDOHS website, http://www. azdohs.g ov/Documents. d) A Property Control Form (if applicable) 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. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The subrecipient shall provide AZDOHS a copy of the Property Control Form with the final reimbursement request form, or no more than forty-five (45) calendar days after the end of the Agreement. The Property Control Form shall be updated and a copy provided to AZDOHS no more than forty-five (45) calendar days after equipment disposition, if applicable. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance. 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. fl 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 finro 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 sefected 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 the FOA. 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. 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 6 Regular Cauncil Meefing - November 19, 2013 - Page 116 of 165 The subrecipient must maintain adequate business systems to compiy with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar circumstances; and 3) consistently applied — it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.qov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic �eport for the quarter in which fhe 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) Property Control Form — if applicable The subrecipient shall provide AZDOHS a copy of the Property Control Form the final reimbursement request form, or no more than forty-five (45j calendar days after the end of the Agreement. The Property Control Form shall be updated and provide a copy to AZDOHS no more than forty-five (45) calendar days after equipment disposition, if applicable. The disposition of equipment must be in compliance with the AZDOHS Disposition Guidance. d) The Grant Funded Typed Resource Report — if applicable The subrecipient shall email the AZDOHS Strategic Planner a copy of the Grant Funded Typed Resource Report no more than forty-five (45) calendar days after the end of the Agreement http://www. azdohs.gov/Docu ments/G rants/GrantFu ndedTyped ResourceReport. xlsx). e) 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 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in teRnination of this award. Version 10282013 Page 7 Regular Council Meeting - November 19, 2013 - Page 117 of 165 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 shali 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 andJor 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 bath parties. F'�i� Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipienYs 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 Agreemenf. Xltl. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article I— Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Article II - Compliance with Funding Opportunity Announcement The recipient agrees that all allocations and use of funds under this grant will be in accordance with the Funding Opportunity Announcement. Article I11 - DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree--and require any sub- recipients, confractors, successors, transferees, and assignees acknowledge and agree--to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 8 Regular Council Meeting - November 19, 2013 - Page 118 of 165 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the repo�ts. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civi{ Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article IV - Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article V- USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. Article VI - Trafficking Victims Protection Act of 2000 All recipients of financial assistance wiil comply with the requirements of the government- wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient — 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 9 Regular Council Meeting - November 19, 2013 - Page 119 of 165 (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article VII - Non-supplanting Requirement All recipients must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federa( sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article VIII - Lobbying Prohibitions All recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article IX - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. Article X- Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptrofler General Decision B138942. Article XI - Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance. Article XII - False Ciaims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will �esult in termination of this awa�d. Version 10282013 Page 10 Regular Council Meeting - November 19, 2013 - Page 120 of 165 Article XIII - Duptication of Benefits State, Local and Tribai Recipients must compiy with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocabie to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Article XIV - Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. These regulations are codified at 2 CFR 3001. Article XV - Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons � deemed irresponsible in their dealings with the Federal government. Article XVI - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article XVII - Best Practices for Collection and Use of Personally Identifiable Information (PII) All award recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: http://www. dhs.gov/xlibrarylassets/privacy/privacy�ia_g uidanceJune2010. pdf and http://www.dhs.gov/xlibraryJassets/privacy/privacy_pia template.pdf, respectively. Article XVIII - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XIX - Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article XX - Assurances, Administrative Requirements and Cost Principles a. Recipients of DHS federal financial assistance must complete OMB Standard Form 4246 Assurances — Non-Construction Programs. Certain assurances in this form may not be applicable to your project or program, and the awarding agency may require applicants to certify to additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements that apply to DHS award recipients originate from two sources: 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 11 Regular Gouncil Meefing - November 19, 2013 - Page 121 of 165 • Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"). These A-102 requirements are aiso located within DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13. • OMB Circular A-910, Uniform Administrative Requirements for Granfs and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2 CFR Part 215. b. The cost principles that apply to DHS award recipients through a grant or cooperative agreement originate from one of the following sources: • OMB Circular A-21, Cost Principles for Educational Institutions, refocated to 2 CFR Part 220. • OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. • OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. The audit requirements for State, Local and Tribal recipients of DHS awards originate from: • OMB Circular A-133, Audits of States, Local Governments and Non-P�ofit Organizations. XIV. 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. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE !f 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. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penaEty 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. 13-AZDOHS-QPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 12 Regular Council Meeting - November 19, 2013 - Page 122 of 165 XVIII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any ciaim 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. XIX. 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. XX. 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. XXI. 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. XXII. 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. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATlON 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 perf'ormance and fails to object. XXIV. 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 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 13 Regular Council Meeting - November 19, 2013 - Page 123 of 165 with any such amendment within ten (10) business days of receipt of a fully executed amendment. AI1 prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. 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. XXVI. 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. XXVII. NON-DISCRIMINATION The subrecipient shall comply with all State and Federal equaf opportunity and non- discrimination requirements and conditions of employment, inctuding the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order2009-09. XXVI11. 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. XXIX. 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. XXX. 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. XXXI. OWNERSHIP OF lNFORMATION 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 shafl recognize the AZDOHS and the U.S. Depa�tment 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." 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will resutt in termination of this award. Version 10282013 Page 14 Regular Council Meeting - November 19, 2013 - Page 124 of i 65 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. XXXII. 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. XXXI II. INDEMNIFICATION To the extent permitted by 1aw, 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. XXXIV. 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 far any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. XXXV. 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. 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 15 Regular Council Meeting - November 19, 2013 - Page 125 of 165 XXXVi. 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. XXXVII. 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. XXXVIII. 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. XXXIX. 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) #he 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 Metropoiitan Medical Response System). XL. NOTICES Any and al! 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 13-AZDOHS-OPSG- 130427-01 Any unau4horized changes to this document will resuft in termination of this award. Version 10282013 Page 16 Regular Council Meeting - November 19, 2013 - Page 126 of 165 The subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate the AZDOHS staff; contact information at www.azdohs.gov. XLI. The AZDOHS shall address all notices relative to this Agreement to: Director of Community Development and Neighborhood Services, T. VanHook Enter Title, First & Last Name above Town of Marana Enter Agency Name above 11555 West Civic Center Drive Enter Street Address Marana, Arizona 85653 Enter City, State, ZIP IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town of Marana Enter Agency Name above Authorized Signature above Gilbert Davidson, Town Manager Prinl Name & Titfe above November 19, 2013 Enter Date above FOR AND BEHALF OF THE Arizona Department of Homeland Security Gilbert M. Orrantia Director Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 13-AZDOHS-OPSG- 130427-01 Any unauthorized changes to this document will result in termination of this award. Version 10282013 Page 17 Regular Council Meeting - November 19, 2013 - Page 127 of 165 11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: Mayor and Council From: Keith Brann , Town Engineer Strategic Plan Focus Area: Not Applicable Item C 9 Subject: Resolution No. 2013-109: Relating to Public Works; approving and authorizing the implementation of a revised Capital Improvement Program Manual to assist in the coordination of community planning, financial capacity and physical development of the Town of Marana Discussion: The Town originally adopted. a Capital Improvement Program Manual in 2Q07 under Marana Resolution 2007- 93. The manual has been used successfuliy since that time to provide guidance in the aliocation of resources for capital improvements_ During the use of the manual, staff have identified operational efficiencies that could be made to the program and have prepared a revision to the manual for use in the d.evelopment of the 2015 CIP budget. Most of the revisions in the mani2al are minor in nature. Notable changes include a change in the order of the steps, removing unnecessary or confusing statements, and removing policies that may be in conflict with existing Town policies. An outline of the changes is part of the supplemental items in this packet. Financial Impact: None. ATTACHMENTS: ?�ia.rne: 0 Resa 2E313- 108 CIP Manuai 2413 Revision {00036131}.docx [� C3P Manuai 2013.docx L� C3P Manual 2Et13 - Bu[let PainEs.docx Staff Recommendation: Ts� ��c Res� 2013-1 �79 Exh A t€s f��ts_�3P 6vla€��a�12t733 S�arr��s�ry �P 2t413 re�ais�on� t€> �(P ��€nc€�� Sta.ff recommends adoption of Resolution No. 2013-109. Ty�c: E��seala�tican Ext�ibit �ac�� t��a�e�i�l Suggested Motion: I rnove to adopt Resolution No_ 2013-109, approving and authorizing the implementation of a revised Capital Improvement Program Manual. Regular Council Meeting - November 19, 2013 - Page 128 of 165 MARANA RESOLUTION NO. 2013-109 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE IMPLEMENTATION OF A REVISED CAPITAL IMPROVEMENT PROGRAM MANUAL TO ASSIST 1N THE COORDINATION OF COMMUNITY PLANNING, FINANCIAL CAPACITY AND PHYSICAL DEVELOPMENT OF THE TOWN OF MARANA WHEREAS the Mayor and Council thraugh the Public Works Department of the Town of Marana are respansible for the planning, financing and implementation of capital improvement projects within the Town; and WHEREAS the original Capital Improvement Program Manual was adopted by Resolution No. 2007-93 to insure sound �scal and capital planning through effective leadership and the involvernent and cooperation of ali municipal departments; and WHEREAS various revisions of the Capital Improvement Program Manua.l have been presented to clarify terms and confarm to current Town practices and procedures; and WHEREAS, the Mayor and Council of the Town of Marana find that adoption of the revised Capital Improvement Program Manual is in the best interests of the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZ4NA, that the Capital Improvement Program Manual (2013 Revision) attached to and incorporated by this reference in this resolution as Exhibit A is hereby adopted. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and autharized to undertake all other and further tasks required ta carry out the terms, obligations, and abjectives of the manual. PASSED AND ADOPTED BY THE MAYOR AND COUNCII, OF THE TOWN OF MARANA, ARIZONA, this 19` day of November, 2013_ Mayor Ed Honea ATTEST: Jocelyn C_ Bronson, Town Clerk Marana Resolution No. ?013-109 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 11'13l201 � 2:34 PM FJC Regular Council Meeting - November 19, 2013 - Page 929 of 165 a �r� a a�ar�a . a�a��over►�e� �o �a� ar�ua (20�3 Re �ision) TABLE OF CONTENTS Introduction What is a Capital Improvement Program? ................................................................ 3 Implementing the Capital Improvement Program .......................................................... 4 Step One: Create the CIP Working Group schedule .......................................... 4 Step Two: Assess the Town's financial capacity ............................................... 6 Step Three: Determine the status of previously approved projects ..................... 6 Step Four: Solicit and compile project requests ................................................. 6 Step Five: Establish project priority ................•----._...................------.................. 7 Step Six: Develop a CIP financing plan .......................................................... 8 Step Seven: Adopt a Capital Improvement Program ........................................... 8 Step Eight: Monitor approved projects ............................................................... 9 Step Nine: Update the CIP process .................................................................... 9 Appendix Appendix A Al: A2: Appendix B Bl: B2: £## L�:I.i iz I,.:.�t £�'� k�`.:L tyti�t3'€ Town Council Resolution 2013-XXX ...............................................11 Creation of the CIP Working Group ................................................12 Original Town Council Resolution 204'7-93 .................................... 13 CIP Project Request ......................................................................... 14 CIP Project Rating Sheet ..................................................................16 �e<2.`,i. .� ` �,. '��4 INTR�DUCTION WHAT IS A CAPITAL IMPROVEMENTS PR4GRAM? In order to estabiish a formal Capital Improvement Program (CIP), the Town adopted a CIP Manual through Town Council Resolution 2007-93 (see Appendix, Ap�endix A2) in june 2007. A Capital Improvements Program is a blueprint for planning the Town`s capital expenditures and is one of the most important responsibilities of local government officials. The CIP coordinates community �ianning, financial capacity and physical de��elopment. A capital improvements program is com�osed of two parts --a Capital Budget and a Capital Program. A Capital Budget is the upcoming year's spending plan for capital projects. A capital project is defined as: 1. A project that represents significant public impact. 2. Has a useful life of at least five years. 3. Costs over $100,000 (may be slightly less than $100,000, if the capital improvement meets the first two requirements). A Capital Program is a plan for capital expenditures that extends five years beyond the Capital Budget. Development of a CIP that will insure sound fiseal and capital planning requires effective leadership and the involvement and cooperation of all municipal departments. For that reason, this manual places responsibility for overseeing the CIP process with the Town Manager, the Town Council, and a CIP Working Group (See Appendix A1}. A complete, properly developed CIP has the following benefits: 1. Facilitates coordination between capital needs and the operating budgets. 2. Enhances the community's credit rating, control of its tax rate, and avoids sudden changes in its debt service requirements. 3. Identifies the most economical means af financing capital projects. 4, Increases opportunities for obtaining federal and state aid. 5. Relates �ublic facilities to other public and private development and redevelopment polieies and plans. 6. Focuses attention on community objectives and fiscal capacity. 7. Kee�s the public informed about future needs and projects. 8. Coordinates the activities of neighboring and overla�ping units of local government to reduce duplication. �,.,.�i £ ;�.:t�;`:.t�3� E ° 'i s ��c�i"Ytili�tli # �° .. ix�` �e`� 9. Encourages careful project planning and design to avoid costly mistakes and help a community reach desired goals. 10_ Estabiishing ongoing Operations & Maintenance as part of the normal budget process. IMPLEMENTING THE CAPITAL IMPR4VEMENT PROGRAM Step One: Create the CIP Workina Group Schedule The CIP Working Group reviews the prior year's CIP Working Group Schedule, and then prepares a revised schedule for the u�coming year. This schedule should be given to all local officials involved in the CIP process. �'�� (�it�ta�a�t �""':�? � ��.tt��.�<� i�<�ii "{ � I £il � A sample CIP Working Group Schedule has been provided below. �________ �_� �_� _ � CIP Working Group Schedule _ � �__ mm.�. �� _�.._ � _ �_ _ # Timeline Task r _� � _�..� _. a� �_.� . _ �u_�. _. � � � July ; The CIP Working Group reviews anci revises the prior year's CIP Process and decides on any ; � � changes. � : � ; �� __.. �..__.�.___._ _..�...�..�.._..__�_�_.._._..._..._..__.._.._........___..__..______.........�......_.�......_....._..._� ? � The CIP S�hedule in Step One is revised and the updated CIP manual is distributed to the ' ` CII' tNorking Group, project managers and project element managers. : �.._ �...._..� __°___�� . � __� ��.....�.�...� _r _�m___ � .�._��..�.........._. �.._._� ` August Meeting with the Finance Department to review the Towri s projected financial capacity. _ W . � �. � �.r _ . � .__ __ , � Staff prepares the CIP web ap��hc.ation prcx:ess for HZe new Mzdget year. _. . _ _.. � .� � __. ___ W V � _.__..__._.._. _ � .� ��,.,M...,.._..._.x.�__ [ September Review funds availahle over the next 5 years by fund source. ' _ � _.__�..� � _.. � � � � � �.. �. �_ W _.�. � � � ..�_._. �__� W m. = ? Oe:tober = Call for Projects - direcrion from CounciL Town Manager and Finance Direc-tor request � � � guidance as to the Council's �rioriries For the short and long-term goals with respect to ; � Capital Projects. ' . �....__. �.. _.� _�.....�.. � a. �. m � ? Create a st�ztus report of ��reviously appro�red projec:ts. � ; CIP Kickoff Meeting. Departments are provided instructions, materials, forms, and resource s j = i necessary to prepare their CII' request��. The Finance Director presents a report of the Town s' ` ' financial capacity, to the CII' Warking Grou�. ; ; � _ � �.�__ � _____� � � _._ � .....��___.� . �....�.._ � � November Department�G meet with projei;t managers and projert element managers (Real Property, � Environmental Services, etc...) ta scope potential projects. The Departments then subnut their ; f projee:t requests to the CII' Warkictg Group. E � ,� .�._..__.� � ..__........_..� _..._.._.__ ..,..�..__ _ _ �...__......_...._...__ _____ .� _ �.._._._......... ._...._...__. �_,._ _..._ � ; December The CIP Working Group rai�iks by priority the CIP project requests, and produces a surnnlary of their finciings. This summary ks then provided to the Manager's Office. ; � ._____ ��._ -�-___ � �_��w...._...��........_ �...__ � � � The CIP Working Group receives additional inputJeonsiderations from the Manage�'s office. ; � The CIP Working Group then prepares the five-year CIP and makes reconlmendations on method of financutg based upon financial analysis. ? � ' �.��_v...�..�.�_.._,,_�.._......___�_�_w_ ...�..._._.,__.. _�. �,�________._.._....._..__._..........� �..�__..�..v ' Januarv ` The CIP Working Grou� �resents their recommended Capit��l Improvement Program to the � ` ' Pinance Director and the Town Manager's Office. ` _ .. �..�. mm_..�..��__,�__ ..�....__ ____-� __....__.._.._�._�__..�.�...._..�..._.w...� �? February � The CIP Working Group prepares the final recommended CIP, following the Finlnce ; � Director's and the Town Manager's recommendations. �.,,,�..� � .___� _ � � � .................� � ._ ' -�- _.�� .� ' March � Town Caun�71 reviews the final recommended Capital Improvement Program at a special ; ; budget study session. The CIP Working Grou� makes modifications to CIP after the Town � ' ? Com�cxls review. � _ ; �__�.,..__._...__��............_._.....__ �..�_, � __..�.___.__.w� _...._.� __....._.__..___._.....� �.__.� ............._...........__..._�___� .. �.; � Project Rollover. In March the Proje�-t Managers produce a report detailing the enzrrent � progress of all their projects. The Finance Department updates the accwunting of any �roject that will continue into the follawing year. _ m __w_, � _ _..w,w_.,, __ � __.. �.w_... _ �� May � Town Council adoption of the upcoming year's Capital Improvement Plan. ; Department Directors �egin preparation for acquisition and development activities for July ' � lst. � m �._, � m 3.. m m _� _�.....�..._�._�.__.��. m.� _ � � � .�.....� ,,,,_.. .._ _�.__...._. � � �.._..�. ; June ? The CII' Working Group reviews all CIP pracedures, identifies any deficiencies within the � ; CIP Process, and makes recammendations to change the CIP Process. � � July 1�t - Ongoing ginning of fiscal year. Monitoring of new and ongoing projec:ts. � � � ; �.� :��f2P21.�,.Es t,��?( � �,,..2'�:t<�sEg1 s ., £.�i Sg; Step Two; Assess The Town's Financia/ Capacitv The Finance Director will analyze the Town's ability to afford major expenditures. This analysis should examine recent and anticipated trends in revenues, expenditures, debt and unfunded liabilities such as pension costs. This financial analysis will permit the scheduling of funding sources to: 1. Balance debt service burden and ongoing operating expenditures 2. Determine available debt capacity and acceptable debt service levels 3. Maximize intergovernmental aid for capital expenditures 4. Keep the direct & indirect tax rates stable Step Three; Determine the Status of PreviouslyApproved Projects The next ste� is to identify projects currently in development, design or construction, determine whether additional funds are required, and determine the amount of unspent funds available from completed and discontinued projects. The benefit of this report is that officials involved in the budget process will be kept informed of the progress of projects approved in prior years. The results af this analysis are presented in a written report to the Finance Manager and the CIP Working group. No special format is suggested for this report, but it should be completed before department and division heads submit their requests for new projects (Step Four). Step Four; So/icit and Compi/e Proi��uests The CIP Working Group solicits recommendations for CIP projects. Using or adapting the "Capitat Project Request" form located in the Appendix (Appendix B1), each department submits requests that include a ciear statement of the need and justification for the project, its costs, its net effect on the operating budget, and an implementation schedule. To ensure a consistent naming convention for projects, each project submitted must adhere to the CIP VVorking Group's narning convention requirements. These naming convention requirements shall be drafted by the CIP Working Group and then disseminates to all project managers and project element managers prior to the solicitation for projects. An inventary of the Town properties and assets will be a vital planning resource. Knowing the quantity, location, and condition of Town assets is an essential element in planning for future replaeement needs. Department heads and division managers should evaluate and considered the Town's existing assets when drafting CIP project requests for the upcoming CIP year. Step Five; Estab/ish Proiect Prioritv In this ste� the CIP Working Group ranks in priority the CIP Project Requests, and C.i.� ��:.�: ��( �%�}I � ��;:=.��it.r�� 9 g , `,�. �� .� produces a summary of their findings. Projects underway in the construction phase should not be re-rated. Those projects should be allotted their continuation/ completion funding prior to the rating of the remaining scheduled projects and projects newly introduced to the process. If there are significant increases in the resources needed to complete the �roject, a more thorough analysis and diseussion with the Project Manager and Finance Department staff will be necessary. In addition to adopted policies, a rating sheet should be used to encourage objectivity. It can assist the CIP Working Group in the develo�ment of numerical rating of projects and help in the setting of project priorities. A sample rating sheet is included in the Appendix (Appendix B2). It can provide assistance in evaluating projects according to six criteria, help translate subjective project information, and convert the CIP Working Group's independent analysis into objective numerical weights. These weights can guide the CIP Working Group in establishing �roject priorities. The rating sheet can be modified according to the Working Group`s needs. In reviewing project requests, the CIP Working Grou� should consider the following questions: 1. Does the requested project contribute to the achievement of existing Town goals, policies, �Ians and work programs? 2. What are the general benefits of the project? 3. What is its total cost (both capital and annual operating expenses), and what is its effect on tax rates? 4. Is the project acceptable to the public? 5. Are there legai requirements that must be met? Whether or not a rating sheet is used, the CIP Working Group should review each project in relation to other projects and determine their relative importance based on the set criteria. This will �ermit the Working Group to establish project priorities based on both the community`s goals and objective analysis. � �� ;5.: i � € ?�.) � 3 .:.'.?"itit¢>Il � , .I Step Six; Deve%p A GIP Financing Plan Based upon the assessment of the Town's financial capacity (Step Two), the Finance Director and the CIP Working Group will develop a recommended method of financing each project. There are a number of ways to finance CIP Projects. Some of the most common long and short-term financing options are: Loyzg-Tertn Financing: 1. Setting aside money in the stabilization fund to pay for all or a portion of a capital project. 2. State and federal loans and grants. 3. Private Sector obligations and commitments. 4. General obligation bonds, revenue bonds, special taxing/ improvement districts. Sliort-Ter�n Financing and other Service Provision Options: 1. Appropriation of current revenue or reserves such as available cash on hand. 2. Short-term debt such as revenue bond anticipation notes and grants anticipation notes. 3. Contracting/ leasing provisions authorized by ARS — NOTE: A community may enter into a multi-year contract far any period of time that services the best interest of the governmental body, however, �ayment and performance obligations for succeeding fiscal years shall be dependent on the avaiiability and appropriation of funds. 4. Private sector service provision is also avaiiable. Under this option private firms �rovide public services to a community on a contractual basis or through another arrangement such as a license or lease-back agreement (for capital assets). Step Seven; Adopt a Gapita/ Improvement Pro4ram The CIP working Group creates a Tentative Capital Improvement Program for ail proposed CIP projects. The report should include a sumrnary of the CIP Working Group's recommendations for the upcoming year's Capital Budget and the following year's Capital Program as well as the Finance Director`s analysis of the Town's fiscal capacity (Step Two). It is this final document that is presented through the Town Manager to the Council Members as the CIP Working Group's Tentative Capital Improvement Program covering the next five years. If the Council Members wouid like additional information about requested projects, they may review co�ies the "Capital Project Rec�uest" forms (Step 4). The Town Council may hold its own public hearing to present the Tentative Capital Improvement Program and solicit further citizen comment. If the Council holds its own hearing on the annual budget, the Tentative Capital Improvement Program hearing can be incorporated into the regular budget hearing. �.Ia� ��z�tt�� [ i'i3� 4 I�:;�=itza�� ;_�.�� X :j�' ��> The Town Council then considers (and may amend) the Tentative Capital Improvement Program, any amendments are forwarded to the CIP Working Group. The CIP Working Group reviews and recommends action only on the Capital Budget, but does so in consideration of the overall Ca�ital Improvement Program. The Tentative Ca�ital Improvement Program is then revised and re-submitted. The final Tentative Capital Improvement Program is then presented at a formally noticed Town Council Study Session. This will demonstrate to the community that the Capital Improvement Program is part of a long-range plan to upgrade and maintain the Town's infrastructure. The advantages of presenting the Capital Improvement Program at a study sessian are: 1. The Mayor and Councii are kept informed of the ongoing need for large capital expenditures. 2. The Mayor, Couneil and the public are provided an opportunity to look to the future and consider the quality of services that will be provided. After the Town Council Study Session the entire Capital Improvement Program is then presented to Councii for ap�roval. Once the Town Council approves the CIP, Department Directors will begin preparation for acquisition and developxnent activities on July 1. Step FiAht: MonitorApproved Pro lects Once the Mayor and Town Council have adopted the Capital Budget and the fiscal year begins, departments are authorized to begin project implementation. The Town Councii, through the CIP Working Group, should monitor the progress of the CIP Projects. Periodie reports by the CIP Working Group to the Councii Members should indicate changes in the targeted compietion dates, identify serious problems, and document the financial status of each project. Those reports may be based on project updates provided by the responsible departments on a quarterly or other regular basis. These updates should provide the information necessary to complete Step Three, determining the status of a�proved projects. Step Nine; Update the CIP Process Annual u�dating of the CIP Process should be conducted to reflect new information, and policies. A review of all CIP procedures should be conducted by the CIP Working Group to identify any deficiencies within the CIP Process. Minor changes may be made to the CII' Manual at this time and major updates to the CIP Manual shall be �resented to councii for adoption. This completes the CIP �rocess. €:;�� :t.:z� �'?I": �<kri�;tt.c:� . ; � �=4 � APPENDIX Appendix A Al: A2: Appendix B B1: B2: C°I�' �1r�r��a.�! €`'{=E.= I�:�; i�;��.��) Town Council Resolution 2Q13-XXX ............................................... 11 Creation of the CIP Working Group ................................................ 12 Original Town Council Resolution 2007-93 .................................... i3 CIP Project Request _..-•----....-• .......................................................•-. 14 CIP Project Rating Sheet .........................................................•-------- 16 � �'t�� .=t Et> Appendix A1: RESOLUTION A�QPTfNG THE REVISED TOWN OF MARANA CAPiTAL iMPROVEMENT PROGRAM MANUAL • r � � � � . � � , � ; � � x�;.�� +�•�� , ,� � � � � �� '� � � � . ,� � ��r � � � � tl r � ° r � � �� : � � � �� ,tG ° � r > i � � � �r� f� a �� €e � - '" � � '_ .. i ° ► �� t�� aa � � � - : a � �� ,a+ � � . � ��a t t � �;- :� ; ��t a -� r � 3 � � � �� €� ��s � �� -� � : e � � � ; � rti � �i i #-� �i%' 1 � ��8+b.� �: i [t° ►�.:., B ;l9 i.: �� ' �Y° ��. ° f�. a$fl � tYt� ��l�� :,� '�:1A�4<k �,i�9Y�<�k 1 � "' � �t�� e � ° _� � � � • akn , � ��a . r� �' , � � � � �t �rd� -� � �� - ��. � � :�� i- �>�� a�;at :�tt �a:�;;:�� t � ; t��, a'��.°'�, ►�a��w��, :��e '�� I� � � ,a �� _. . t �� - ��,n>� r a�s�t � - ��:;a�i �` �� , �� € �H a 3 � �- � -�:;a� � �� a_:..r � ::� �€ � ��. < � � � � �!� �t ��a � � �� t ��,� e � �� ,� m � n� �� - a� � � � I�� .� , sc :ai � � �� r _ � • :�� e a � ro � . � � � � � s s i:. �:� � ;ii�� #9 �. i�:. ° 7� ��B � �l�.'� � b : �1., =�6 i " �•L,. i :� �.>'. #e ��_� €6 °� 4 i � . � � ��.: �� * �_ .� � � ��. t � �. � a� � E �,�. � �. � � ... . � . � . � '�:� � . � .. �� 11� �� # � ' ' ° �" � rr.s�� .- ; a ae ' nsa�e �� - e�::a�� m �. �t ; a 1 '�� a� ��;�t � r:ts t-.» aa��s ��t a � �e • `t�•i- �� -,► ��e °s a�� e ,� >: )k i...,R �..r �}.: � � ' �� 'k «� i � :�� s �,r f e�� : r:� �° a: �� i � ��r - ° � �� € -,�� t t • �` r�� a t - �� fc `- ; a s �� '�t� a - r� �� a �� : �� ;& �� k'� �l�l � a �i ��i� °.�# �� #� i' 1�.A�:B:. :�� `' � ��.�� .. i .;� � ��.. .�� r �. �'. ,.. . � ,. ,.� � � � ,�, � � �� '.'.. :� . . s • y �s. � . � ��. y,,a t��:, i R�� ° #k E'". � - � � ��t�� ii' � �� i�� e � �. � :� � t �� s � �� _. �� a . � � �.�� + a � _�� ° r � �. E��i� l�f:ttid�tt ,� =I.3 � Lt�t�y€:} � � ��-�� -_ ; [ b:` li", CRE�4 TION OF THE CIP WORKING GROUP Section 1. After the Town Council adopts the CIP Manuai by Resolution, a CIP Working Grou� shall be established. The CIP Working Group should be composed of one member of the Manager's Office, and the Director or designee from each of the following Departments: Engineering, Operations and Maintenance, Parks and Recreation, Utilities, and two other executive Ievel staff selected annually to offer an opportunity to various departments to experience and eontribute to the CIP process. The Finance Director, Town Attorney, Community Development Director, environmental personnel, and the CIP Project Control Specialist or their designees shall be ex-officio, non-voting members. The CIP Project Control Specialist shall facilitate all meetings. Section 2. The CIP Working Group shall study proposed capital projects and improvements involving major non-recurring tangible assets and projects. All officers, boards and Town Departments, including the Council Members, shall, give to the CIP Working Group, on forms prepared by it, information concerning all anticipated projects requiring Town Council action during the ensuing five years. The CIP Working Group shall consider the relative need, impact, timing and cost of these expenditures and the effect each will have on the financial position of the town. No appropriatian shall be voted for a capital improvement requested by a department, board or commission unless the proposed capital improvement is considered in the CIP Working Group's reportl, or the CIP Working Group shall first have submitted a re�ort to the Town Council explaining the omission. Section 3. The CIP Working Group shall prepare an annual report recommending a Capital Improvement Budget for the next fiscal year, and a Capital Improvement Program including recommended capital improvements for the following 4 fiscal years. The report shall be submitted to the Town Manager & Town Council for its consideration and a�proval. The annual report shall be present to council for adoption by the town. 1 This does n�t apply to citizen petitions. E'[a� ��:cg��a;z� �?�)I.; �tw:i��€��.,� ''ft �� t � «C [ �3 Appendix A2: ., a � � � � �r � ►� .. a. � .. � . s � e .� � : • e� � . , �� .: � •. . �� .� �'. �� R M ��.M � � � ! # i �F � 7' � � .. �� . . �� ..... � . � . . g � ;., y� i .. . � . . . ., �.. ..:' � � . : • s e �, , s a , ' � � ��4 � � i # �� i _ ' ' t # � � i i i �. ''.. ! ! � P � 1 4 � �� 4 -. I I . � �t �. � � �•� � �" i�: �� 1 * �' �� '�f1 i i 6 � .w` t � 4 •.'�E1.'�.� �. � �#_ � � � ..� � . �. �. # . � .. 1 " A ! ��- # � # i . i .��. i �. � 'S . $ 9 � . .� . � � ,.., � .<. . � �. � . • :. . � .. � �. � � � � . � �" ' � ` �Y� t �"i!' . Y . � , �. t . i 'Et � . � f i �� o» i �# � !�� i � ' ! f �. �. .,: . 3 �� # �� .� �. � �� i � � � � ..� �'. 4' � �.,. . �:;rif � ��. d �� # � 1 ' i �, �sr! ! # - ' E �� F " # 1 i� " f � � � . � �t , .a. . � "� ��. � ' �. �. - ' ' . � � . . �i� . ^ ,� . � . � . � � .. _ .. � ... , , s � �a � #4 � .o� : �.�� ` .� .: t '°� � e � ,� � + � �� i' ��, .� j �.. � �- � : � , , e r�r�. _�.��'�� L`.,�i'°�e�.ia.fi�€�,....t i.�zi.17j �� ;� E § £}� IPT Figure B1: CIP Proiect Request _ _...�.._�__..______M�_ _______ _____ � __.__._ ___.�_____ _�__...� _��.......�__.______._�_._�._ Department: ° Contact Person: �- �� _ �_._.._._.__�.�_��._�v_ Telephon Numb er: �� Ema il Address: �� _-�-_ � � � � � �... �. ._..:� ...................................�..�....,......,.........�....,........,.,............,...............,...........,......�..................,............,.�___ Date Prepared: � ; 1. Project title: 2. Purpose of a. () Add a new item to the program b. () Delete an item in a year already part of the program c. O Modify a project already in the adopted program 3. Deparhnent priority: a. ( ) High b. ( ) Medium c. ( ) Low 4. Location: 5. Scope: 6. Town contractually obligated to the project? a. yes/no 7. Useful life of the project (years): 8. Timeline: �;I�� 1�t�:r� e.�€ t?�� w� i�it:s;� >._,��: �� <}i �F� 9. Cost & recommended sources af funding: 10. Funding justification 11. Operating Cost Spreadsheet 12. Net effect on Town income a. Taxes: b. Other income: c. Subtotal: d. Gain from sale of replaced assets: e. Total: 13. Attachments: �� t.,�.��,?�>�. ��..;�,:;;� r a�� . , _ <...r , _ Appendix B2: CIP PROJECT RATING SHEET Project Name• Department• CIP# Estimated Cost: Tatal Score: r i y \� � � � �� ' i�r/� � � � ri , � � r "� �� t�r'.l � �"r'��Q� ✓ � � r � i � � � y � ` ; € `� � , � /� �� \� � ::j : 1� i - . � � l �� a � ��,�` \� / /��, �� i � // � � l �jii � t� \ a � / � . ... �\ �,; .,�. : , , : °, a�, ,,,,,,, r, \... ,,,/„ � ��..• ,,,,, ��. !!�'-v !. �:. Town obligated ta the project, either Yes 5Q cantractually or by legal mandate? Project aligns with To�m's Goals Strategic Plan, 15 � Facilities Master Plan, 10 General Plan, 5 Streets and Routes etc. 0 Town Department Priority Mandatflry 10 Classification Maintenance 7 Improve Efficiency 5 New Service 2 Project's Funding Sources & Non-General Fund >= 80% 10 Commitments Non-General Fund = 60-79% 5 Non-General Fund = 30-59% 3 Non-Generai Fund < 30% 0 Effect on Operating c� Maintenance Reduce Cost 10 Costs Cost Unchanged 5 Increase Cost 0 Effect on Town`s Revenue SigniEicant Increase in revenue 10 (tax base) &/or job creation Moderate Increase in revenue &/or 5 job creation No Increase 0 TUTAL SCORE �,��g ��E��„�<�3 t;7{)I $ E�v��;��r; €'<��e: 's,t; : t' 1f4 Towr� of Marar�a Capita/ Impro verr�ent Program Manual (20�3 Re �ision) The outline below describes the changes between the existing CIP Manual, Town Council Resolution 2007-93 and the proposed CIP Manual. 1. USING THIS MANUAL a. The section has been removed. 2. INTRODUCTION a. A paragraph acknowiedging the original CIP Manual, Town Council Resolution 2007-93 (hereafter referred to as: CIP Manual-2007} was added to this manual. b. The requirements for a CIP project have been changed. The cost of a CIP project may be slightiy iess than $100,000, if the capital improvement rneets the first two requirements. c. 3rd paragraph. i. "The Working Group begins the CIP process by forwarding its recommended capital budget and program ta the Council. T'he Council members review the proposal and make their recommendations for changes or adoption." 1. This sentence has been removed. This process is explained in Step Seven: ADOPT A CAPTTAL IMPROVEMENT PROGRAM. 3. Step One: Create the CIP Working Group Schedule a. Step One from the CIP Manual-2007 described the need to establish a resolution to adopt a CIP manual and create a CIP Working group. This has been removed. b. Step One in this manual directs the CIP Working Group to revise and prepare the upcoming year's CIP Working Group schedule. c. A revised sample schedule has been provided. The sample schedule provided in this manual has been updated to better reflect the CIP process currently in use. 4. Step Two: Assess the Town's Financial Capacity a. CIP Manual-2007: Step Two: DEVELOP AN INVENTORY OF EXISTING FACILITIES has been remaved. i. Asset management is discussed in Step 4 of this updated manual (CIP Manual-2013}. b. CIP Manual-2007, Step Faur: ASSESS THE TOWN'S FINANCIAL CAPAQTY has been rnoved to Step 2 in this updated manual (CIl' Manual-2013). {CIP Manual_2013_-_Bullet Points.docx /}Summary of 2023 Revisions to CIP Manual Page 1 Regular Council Meeting - November 19, 2013 - Page 146 of 165 c. The requirement ta add the Finance Manage�s fiscal capacity analysis to the tentative CIP report has been moved to: Step Seven: ADOPT A CAPITAL IMPROVEMENT PROGRAM in this updated manual (CIP Manual-2013). 5. Step Three: Deterrnine the Status of Previously Approved Projects a. Step Three has not been changed. 6. Step Four: Solicit and Compile Project Requests a. CIP Manual-2007, Step Five: SOLICIT, COMPILE AND EVALUATE PROJECT REQUESTS been moved to Step 4 in this updated manual (CIP Manual-2023). i. "Evaluate Project Requests" portion is described in Step Five: ESTABLISH PROJECT PRIORITY, in this updated manual (CII' Manual-2013). b. Standardized naming convention for projects has been added. c. A paragraph detailing that asset management as an important consideration in project planning has been added. 7. Step Five: Establish Project Priority a. Ranking project priority is described in this section. This was previously located in CIP Manual-2007, Step Five: S(�LICIT, COMPILE AND EVALUATE PRQJECT REQUESTS b. The CIP Budget and Debt policies have been removed from this manual, aIi work done will be compliant to existing Town policies. c. A process for addressing projects that are currently under construction is described in detail. 8. Step Six: Develop a CIP Financing Plan a. CIP Manual-2007, Step Seven: DEVELOP A CIP FINANCING PLAN has been moved to Step Six in this updated manual (CIP Manual-2013). b. The CIP Budget Policies and Town of Marana Debt Policies described in the CIP Manual-20Q7 have been rernoved from this updated manual (CIP Manual-2013). All CIP projects will conform to existing policies. 9. Step Seven: Adopt a Capital Improvement Program a. CIP Manual-2007, Step Eight: ADC}I'T A CAPITAL IMPROVEMENT PR�RAM has been moved to Step Seven in this updated manual (CIP Manual-2013). b. Form D, "Detailed Project Description" - Was renamed to "Capital Project Request" and is described in Step Four: SOLICIT AND COMPILE PROJECT REQUESTS in this updated manual (CIP Manual-2013). c. "Town Project Summary" - was renarned to: Tentative Capital Improvement Program d. If the Town Council makes amendments to the Tentative Capital Improvement Program, the amendments are forward to the CIP Working Group, rather than to the Finance Department. e. The rerninder that "no appropriation may be voted for a capital expenditure that has not been considered in the CIP Working Group's report to the Council Members (unless the CIP Working Group explains the amission in writing)" has been removed. The CIP Working group will conform to all requirements of the resolution. {CIP Manual_2013_-_Bullet Points.docx /}Summary of 2013 Revisions to CIP Manual Page 2 Regular Gouncii Meeting - November 19, 2013 - Page 147 of 165 10. Step Eight: Monitor Approved Projects a. This step has not been changed. 11. Step Nine: Update the CIP Process a. A requirement that major changes to the CIP Manual must be �resented to Council for adoption was added. 12. APPENDIX a. CREATION OF THE CIP WORKING GROUP i. The required members of the CIP Working Group has been changed: 1. CIP Manual-2007, required members: a. Deputy Town Manager b. Assistant Town Manager c. Assistant Public Works Director Capital Improvement Projects d. Public Works Contract Administrator e. Airport Operations Director f. Parks & Recreation Director g. Planning and Zoning Director h. Public Works Director i. Operations and Maintenance Director j. Utilities Director k. Public Works Environmental Engineering Division Manager l. Town Engineer m. Ex-officio Working Group staff inembers without the right to vote. i. Town Director of Finance ii. Town Attorney 2. CIP manual-2Q13, required members: a. One member from the Manager's Office, b. Director or designee frorn each af the following Departments: i. Engineering, ii. Operations and Maintenance, iii. Parks and Recreation, iv. Utilities, v. Two other executive level staff seiected annually to offer an opportunity to various departments to experience and contribute to the CIP process. vi. Ex-officio Working Graup staff inembers without the right to vote. 1. Finance Director 2. Town Attorney 3. Cornrnunity Development Director 4. Environmental personnel 5. CIP Project Control Specialist {CIP Manual_2013_-_Buliet_Points.docx /}Summary af 2013 Revisions to CIP Manual Page 3 Regular Council Meeting - November 19, 2013 - Page 148 of 165 13. CIP Manual-2007, EXHIBTT II: CAPITAL IMPROVEMENT BUDGET POLICIES a. This e�ibit has been removed. All CIP Projects wi11 conform to existing Town policies. 14. CIP Manual-2007, EXHIBIT III: DEBT POLICIES a. This e�chibit has been remaved. All CIl' Projects will conform to existing Town policies. 15. CIP Manual-2007, EXHIBTT IV: CAPITAL IMPROVEMENTS PROGRAM FORMS a. This exhibit has been removed. 16. CIP Manual-2007, FORM B: CAPITAL PROJECT REQUEST a. This example form has been replaced with a new form that is an exact duplicate of the CIP Web Access form that all departments are currentiy using to submit CIP projects for evaluation and ranking. b. Instructions for: CAPITAL PROJECT REQUEST (Form B) i. The instruction for this form has been removed. 17. CIP Manual-200?, F4RM C: CAPITAL PROJECT REQUEST FOR EQUIPMENT PURCHASE OR MAJOR RENTAL a. This form has been removed. b. Equipment purchase or major rental that meets the requirements of a CIP project shall use the CAPITAL PROJECT REQUEST form. c. Instructions for: CAPITAL PROJECT REQUEST FOR EQUIPMENT PURCHASE OR MAJOR RENTAL (Form C). i. The instruction for this fom has been removed. 18. CIP Manual-2007, FORM D: CAPITAL IMPROVEMENT PROGRAM DETAILED PROJEC'T DESCRIP'TION a. This form has heen replaced with the CAPITAL PROJEC'I' REQUEST form. 19. CIP Manual-2007, FORM E: CAPITAL IMPROVEMENT RATING SHEET a. This form has been replaced with the CIP PROJECT RATING SHEET. b. Instructions for: CAPTI'AL IMPROVEMENT RATING SHEET (Form E) i. The instruction far this form has been removed. {CIP Manual_2013_-_Bullet Points.docx /}Summary af 2013 Revisions to CIP Manual Page 4 Regular Council Meeting - November 19, 2013 - Page 149 of 165 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Ariz�na 85653 Council Chambers, November 5, 2013, at tir a$er 7:OOPM Ed Honea, Jon Post, Vi� David Bowen� �c Patti Comerfo��; � Herb Kai, Co�c Carol McGarray, C CIL CALL TO ORDER AND ROLL CALL: Town Clerk Bronson c�1�� r11. Cour. present. PLEDGE OF ALLEG Honea. .��a.M�=_- ,.. APPR(��'AL OF AG�� M ernber ��Vorray. Pas CALL TO TI�::PUBI Homeowners' Ass�i�� Council Member Rr�x� reflect that she is no lc Veterans' Day, David services. Vlr�tl�n to apprai „a,�;�,�;� 6-D. 1 Member ;il Member ; to order at 7:00 p.m. ; there was a quorum OF SILENCE. Led hy Mayor ;�e Ma,.or P�S�, second by C. o�,��;, C. Joh� `I,amber� �nd John Abraham from the Continental Ranch ion, and ;�q�iividually, cited reasons in asking for the resignation of tne Zieg��; Mr. Lambert asked that the town's website be changed to �� t�n �� Continental Ranch Board af Directars. Inxemembrance of �Io�r�l�es spoke on behalf of inen and women who served in the armed PROCLAMATIONS. Mayor Honea noted the combined years of service given by Lt. Bradshaw and Ms. Capen and stated that they were responsible for a lot of gaad things happening in our community. The proclamations were read by Chief Rozema at a retirement ceremany held on October 30. Praclamation Honaring Judy Capen's 30 Years of Service to the Tawn of Marana November 5, 2013- Meeting Minutes 1 Regular Council Meeting - November 19, 2013 - Page 150 of 165 Proclamation Honoring Dale Bradshaw's 34 Years of Service to the Town of Marana MAYOR AND COLTNCIL REPORTS: SUNIMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the Council Executive Report for the activities of the past month were on the dais. PRESENTATIONS CO NSENT AGENDA. Mot;o„ zo approve, b,. Coun�;, Membe,c,.,,M second by C ou.,��, M ernbe,- Ka;. Passed u�g�tmo�s�,. 6-0. C 1: Resolution No. 2013-097: Relating to Cammunit� �!��?�ment; approving and authorizing the Mayor to execute a Memorandum of IJrit��rstanc�� '.,,between the Town of �:. Marana, the Desert Bluegrass Association and th� ��ona Bluegr�� ,ssociation regarding the planning, development and presentation of the 11�I�:rana Bluegrass Feshv�l��n Apri12014 C 2: Resolution No. 2013-098: Relating to Deve Sevilla Lats 1-48 Common Areas "�'' "B" "C" � _,��.; =� _. , C 3: Approval of October 15, 2013 LIQUOR LICENSES BOARDS,CO ing a preli�ary plat for Casa COUNCIL ACTION '�� .......__ �:. A 1: ResQ��. , ��,�013-��.. Relati�� ,Jtihti ��.approving and authorizing the Mayor to execut.� �. �r'itergovem��atal agreement wit�r itaro-Marana Irrigation District for the � transfe��'.�wnership and atioi� t��e North l�Iarana Non-Potable Water Systern. Presented b yFrank ` C��sidy. Mot,on s �P,�o„� �.Cau��;f Member Bowen, second by C p�n��, M ernber lVlc�t'r�"J5`f�v. Passed u�t�r�imous/v6 A2: R esolutivn �r�,': to ��QQOin budgete professiona) services line l� �elatrng to 1 approving the transfer of up xa /� c rr�€��i�'e authority frorn the Venera! rund contingency line itern to the �1't'�<within the Bed Tax �und in Lhe fiscal ye�r 2Ol3 budget for eXpe�s�s related ta the development o,fMar�ana's Destinatior� Mar-keti�zg Orgarzizatiorz Changed. Presented by Curt Woody. Mr. Woody began with an overview of events leading up to the idea of creating a Destination Marketing Organization (DMO) for Marana. He stated that the DMO He noted that there are two phases to this plan. Staff identified two main issues to be addressed. The first was to contract with a company ta provide lead generation for the Ritz- Carlton that they had lost when the Metropolitan Tucson Conventian and Visitors Bureau separated thernselves from the Town. Phase I of the Request for Proposal (RFP) was to produce those ieads for the Ritz Carlton. The second phase anticipated creating a DMO solely for November S, 2013- Meeting Minutes 2 Regular Council Meeting - November 19, 2013 - Page 151 of 165 Marana. A selection panel was put together, and the RFPs were reviewed. The clear choice for the leads generation was Meetings Database Institute, lacated in Chicago, Illinois. The Ritz Carlton has used them in the past and are very familiar with the firm and had even recommended looking at the firm prior to issuing an RFP. Mr. t�oody stated that the contract signing will be this week, and they should begin their operations on behalf of the Ritz Carlton next week_ Phase II is the preliminary work necessary to create DMO — would it be attached to the town, the Chamber of Commerce, a stand alone nonprofit, what have other cities and towns around the state and the country done, and how did they reach their firms, conducted interviews with all four, and Davidson principals working on the process for Davidson Belluso Davidson, who were introduced and gave a brief histo� as well as the role they will play within the Marana D�.VI� Council Member Bowen asked Mr. Woody responded that a fair estimate would be 6-8 r. IVlotron to approve by �ouncil IVlemb��,l.omerford, P asse.d t�nanimously 6 A 3: PUBLIC HEAI Marana Ordinance No_ corner of Tangerine F� from VC (village co�ici size) to R-3.5 (single f� rezoning conditior� ##5 � rezoning ca�� nol in Blocks l Ordinance Nc�� 08.03 was � ��.:,. size of 3,500 sf'� ��cause of pool facility. There ��e no s M otion to approve by «n��„�o�sf,, 6-0. (singiE 3,500 by 1 The panel short-listed four �se to the top. The two in� Olmstead and Rob within the industry on Mr. Woody C ouncil /Vtemb€� �owen. el��ing to Deveiopment; amending .2 acres �f land at the southeast i�ladden Farms Blocks 14 and 15 �i�y residenti�� 8,000 square foot minimum' lot ��re foot minimum lot size) by revising fc�r � community pool facility. Mayor Honea Ya��ez, who noted that this is a request to add �o': 2008.03, eliminating the need for an on-site Farms if the lot size is at least 6,000 sf. When Blocks 14 and 15 were R 3.5 (a minimum lot �l lot size, condition #5 was added requiring a community from the public. Mayor Honea closed the public hearing. �� Post, second b,. Co�R�;� Member M� Gor�•ay, Passed ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Presentation: Relating to Public Works; discussion, consideration and possible actian regarding the propased Town of Marana Facilities Master Plan. Presented by Brendan O'Connor. He sta.rted by acknowledging the staffwho had worked on the plan from its inceptian. He noted that the Facilities Master Plan (FMP) started with the Town's Strategic Plan process and is intended ta address the immediate and ongoing needs of the town and the November S, 2013- Meeting Minutes 3 Regular Council Meeting - November 19, 2013 - Page 152 of 165 community. It is intended as a flexible and guiding document for financial planning to match the town's growth. Brendan then listed the buildings and facilities currently in the scope of the plan. Those include the municipal complex, the operations complex and satellite buildings, parks administration and community centers, the regional airport, the heritage house and the wastewater reclamation facility. Not included are the cellular towers at Beacon Hiil, parks restrooms, ramadas and storage and concession buildings. Under the FMP, emphasis will be on maximizing the use of existing town-owned facilities, evaluating the strategic location of departments, projecting future space needs including fumiture, fixtures and equipment. Brendan also addressed the subject of energy efficiencies such as green �r�alding, Leed Certification, solar, net zero energy and sustainability. Of importance in consic��°�"these sources is the <,,, affordability and return on investment over time. ,,� Concluding, Brendan stated that the next steps in inventory and condition of assets, creating an a�� curves, developing design standards for existi �� ::. the highest return on investment, developing a c� and identifying appropriate funding saurces. „ What � t�� 30 years_ � � �ercent pa� �� , you ;ment �� t�ev into the Mayor Honea comrnended Mr. O'Ct��r �ad the staff stating that it parallels the town's paven�i��t pr��zvatior maintain facilities than it t� �enair when xn�or nro��t� about the payback on �i �� : indicated somewhe the 1970's that are still j one percent�� so you start� �th. '' T� �� . beriod ��`�irne in orde� C ouncit IVf� Lhe l�ouncil and direction prcf unanimously 6-Q. C o m option at a 1 ��,d by Co u future facilities � cornplete the asset based on life cycle � �:�an best practices and �E�. ve r`i��enance program, �d on developing the FMP, is a lot less expensive to ��ncil Member Bowen asked �,� ' �som+� of these products. Brendan �.. �ted thaf=�.-�?i�e research show projects from The rate of decline on solar celis is about till producing about 80 percent of the power �.. �,:. �+ne-time dollars to invest over a long ve.d t�,,. g, staffto b�ing back Lhe �aci/itles IV/aste.r Plan to 3 a.: �e ouFf'cil mee.ting, and taking into account any feedback �t ta„� tneeting. Secon�l by Vice Mayor Post. Passed D 2: Relatin tg o Le is�lat��_�id Government Actions; Discussion and possible action regarding aIl pending state, federat, and local legislation/governrnent actions and on recent and upcoming meetings of other governmental bodies. No report_ EXECUTNE SESSIONS E l: Executive Session pursuant to A_R.S. §38-43 I.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. November 5, 2013- Meeting Minutes 4 Regular Council Meeting - November 19, 2013 - Page 153 of 165 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 Sectian 2-4-2(B). ADJOURNMENT. Mor;�n rp adjourn at 7:41 P .m. b,. V;�e M�,.o� P�Sr, second by C ot.R��, M ernUer !VlcGorray. Passed unanimousfy U CERTIFICATION I hereby certify that the foregoing are the true and correct rrrin�t�s of the Marana Town Council meeting held on November 5, 2013. I further certif� �hat" a quorurrt �as present_ Jocelyn C. Bronson, Town Clerk EVovember 5, 2013- Meeting Minutes S Regular Cou�cil Meeting - November 19, 2013 - Page 154 of 165 11555 W_ GIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: Mayor and Cauncil From: Jocelyn C_ Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Jesse Craig on behalf of Valley Christian Church for a special event to be held on December 15, 2013 Discussion; This application is for a special event liquor license submitted by Jesse Craig on behalf of Valley Christian Church for a special event scheduled on 12/15/2013 located at 8110 N. Scenic Dr., Tucson, AZ from 6 PM to 12 AM.; a special event permit has also been applied for from the town, pursuant to Chapter 10-6 of the Marana Town Code. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civie, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituaus liquor is sold and only far the period authorized on the license_ Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event ar the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapprovai of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. ATTAC HM ENTS: �arnc�: I3�ser�}�t�c�r�: �1`Y�c�. 0 Vallev Ghristian Ghurch redacted 20131Q31.Rdf ��Y ��°�� '�� ' Staff Recommendation: Staff recommends approval of the special event liquor license application submitted by Valley Christian Regular Council Meeting - November 19, 2013 - Page 155 of 165 Church Suggested Motion: OPTION 1: I move to submit to the DLLC a recammendation of approval of the special event liquor license application submitted by Valley Christian Church for December 15, 2013_ OPTION 2: I mave to disapprove the special event liquor license application submitted by Valley Christian Church for December 15, 2013. Regular Council Meeting - November 19, 2013 - Page 156 of 165 ARIZUNA DEPARTMENT OF LIQUOR LICEN�SE� ; � ; C s OdVTR�OL.;; ;; v ,� 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 �i 5p � , , > r� c t� ;; APPLICATION FOR SPECIAL. EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service fee of $25.00 wi11 be charged far all dishonored checks (A.R.S.§ 44-6852) NOTE THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL. BE RETURNED. PLEASE ALLOW 90 BUSINESS DRYS FOR PROCESSING. **Application must be approved by local govemment before submission to DLLC U5E ONLY Department of Liquor Licenses and Control. (Section #20) LICENSE # _ �'tc� ' . � � F1 u �zc�4 1. Name of Organization: �. '� �`� t� �.tS'r if? 2. Non-Profit/1.R.S. Tax Exernpt Number: `� Z� �(, (� 3. The organization is a: (check one box only) ❑ Charitable [] Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic 0 Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event'?�✓ on-site consumption ❑ off-site consumption (auction) ❑ both . `,,- 5. Locatian of the event: � �� v �� C�� C 1-�� ` 1�-CS� �� Address of physical location (Not P.O. Box) City County Zip Ap_plicant must be a member of the aualifvina oraanization anct authorized bv an Officer, Director or Chairaerson of the Ortaanization named in Question #1. (Si�nature required in section #18) 6. Appticant: ��.r�t(- �t ��t � ��. Last First Middle Date of Birth 7. Applicant's Mailing Address: � � c ] � `, �� , (; �' r t,(, � � c �h� , ,� ? . �� 7 S � Street City State Zip 8. Phone Numbers: ( S2�) ( s t� )�`1 �-(,'? � 7 ( s z� ) Site Ov►mer # ApplicanYs Business # Appticarrt's Home # 9. Date(s) & Hours of Event (see A.R.S. 4-244(15) and (17) for lega� hours of service) Date Day of I�Veek Hours from A.M./P.M. To A.M./P.M. �,1�,,. Day 1: ��. �' �� c1�� YYl � a,�� 'fi� �`'' Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: *Disabled individuals requiring specia! accommodations, please call (602) 542-9027 Sept�b�r Meeting - November 19, 2013 - Page 157 of 165 10. Has the appiicant been convicted of a felony in the past five years, or had a liquor license revoked? � YES [� NO (attach explanation if yes) 11. This organization has been issued a special event lieense for � days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? Q YES (�NO If yes, attach a copy of the agreement. T �- 13. List al! people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SAlES. ' � �� / O Na111e _ V�l L(.�, � � I-l1Li S% Ilir� C �� u1�-�« Perce�tage Address S`�� ri��rLn�uy+J r S� `'�_ Name Percentaga Address (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent Eiquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take #o prevent violations of state liquor laws at this event? (List type and number of securify/police personnel and type of fencing or control barriers if applicable) # Police � Fencing � # Security personnel [] Barriers 16. Is there an existing liquor license at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACH COPY OF AGREEMENT) [] YES �"NO ❑ YES � NO � Z Name of Business Phone Number 17. Your Eicensed premises is that area in which you are authorized to sell, dispense, or serve spirituaus liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, senring areas, fencing, barricades or other control measures and security positions. Regular Council Meefing - November 19, 20t3 - Page 158 of 165 THIS SECTION TO BE COMPLETED ONLY BY AN OfFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. i. .( L S SC'+ �-(Nr �G- declare that I am an Officer/Director/Chairperson appointing the rint full namey applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. X ,�lt, .`�':�. f�. v ��. 6-� ,� �-/y; ,,; s� �t,o �-s'ccy t''llNis,ti �. � !-?-13 (szv) Z9g-G�/� (TiUe/Position) (Date) (Phone #} � „�6lAte�a� -�� __County of �IM � Commfsaton k3240�2 Nuhry Publk - Arison� wm. couM�, �MY Canmksbn Exaln: My Commission expires on: The foregoing instrument was acknowiedged before me this �� << �.�t3 Day � � � Mopth _� Year THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19• �� s S� �R-� �� declare that 1 am the APPUCANT filing this application as (Print fuil name) listed in Question 6. 1 have read the application and the contents and all statements are true, correct and complete. Commbsfon N321032 bMry PubUe - ANsona My commission State of t'►1�.1� p'c County of f t M A � The for bo� instn�ment was acknowledged before me this T �� t Day Year You must obtain local aovernment approval. Citv or Countv MUST recommend event and complete item #20. The local s�overninp bodv mav require additional applications to be completed and submitted 60 davs in advance of the event. Addi tional licensing fees may also be required befor approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20• �, hereby recommend this speciai event application (Govemment O�cial) (Title) on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) �.,...� � � � ....• � � �. - Regular Council Meeting - November 19, 2013 - Page 159 of 165 SI'ECiAt.. EVEMT [.iCENSEI� PREAlItSES DiA�RRet�t fThis diaaram t»ust be completed vtii�ifh fhis .appfir�afian) Speciat:Event Diagram: (Show dimensions, serving'areas, and label type o€ enciosuce and`security positians) N07'E:. Show nearest crass sfreets highway; or road if.tocafion doesn`t have an adclress. . r �'�' � �� 0 .� �,. �51� 'i 9 Q/'1 { �� i� � �s� . � fi� �`�, ��S C�'� �� : , . .a° � ` v . 7� V"j � �� ` (T �: " , ��D_ _ � � � � r � �,}� ` v � ` V� �� Regular Council Meeting - November 19, 2013 - Page 160 of 165 t ,� � Yt o�. t-c'13 — e.S-�-�c�c'`t . �. ��1s 1 � . � _ �. . ` � t ' � 5 J' , � x � ��• f �'. , f s / .. � . ��~ . �� 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Cauncil Chambers, Noveinber 19, 20I 3, 7:00 PM To: Mayor and Council From: Terry Rozema, Chief of Police Strategic Plan Focus Area: Not Applicable Item A I Subject: Ordinance No. 2013.026: Relating to the Police Department; amending the Marana Town Code, Title 4, Chapter 4-1, by repealing Town Code Section 4-1-8, entitled "Public safety emplayee-employer relations; meet and confer"; and designating an effective date. Discussion: On March 20, 2Q07, the Town Council adopted Ordinance Na. 2007.05, adding Section 4-1-8, the "meet and confer" ordinance, to the Marana Town Code. While Tawn and PD management desire to continue to maintain gaod relations with its public safety employees, the meet and confer process is not believed to be the best mechanism for accomplishing this. Thus, the ordinance on tonight's agenda will repeal the meet and confer ordinance and delete it fram the Town Code. Tawn sta.ff will present a new concept for maintaining good employee relations in the Police Department. The current Meet and Confer Memorandum of Understanding (MOU) between the Town and the Marana Police Officers' Association (MPOA) expires June 30, 2014. The repeal of the meet and confer ordinance will not affect the MOU, as it will continue in full farce and effect until its expiration and will be interpreted consistent with the provisions of Section 4-1-8 as it existed when the MOU was adopted. Financial Impact: None. ATTACHMENTS: �asx��: I�c�e:r.ipti��: ,�,� �e. � 4rdinance 2Q93.(}26 Reneal of 4- 1-8 Meet and Confer Process �� ''�� (OOQ36(116-21.doc Staff Recommendation: Staff recammends approval of Ordinance 2013.026 repealing Section 4-1-8. � Suggested Motion: I move to adopt Ordinance No. 2013.026, amending the Marana Town Code to repeal Section 4-1-8. Regular Council Meeting - November 19, 2013 - Page 161 of 165 112A�RANA ORDINANCE NO. 2013.026 RELATING TO THE POLICE DEPARTMENT; AMENDING THE MARANA TOWN CODE, TITLE 4, CHAPTER 4-1, BY REPEALING TOWN CODE SECTION 4-1-8, ENTITLED "PUBLIC SAFETY EMPLOYEE-EMPLOYER RELATIONS; MEET AND CONFER"; AND DESIGNATING AN EFFECTNE DATE WHEREAS the Town Council adopted Ordinance No. 2007.05 on March 20, 2007, adding Section 4-1-8, entitled "Public safety employee-employer relatians; meet and confer", to the Marana Town Code; and WHEREAS the Town Council finds that it is in the best interests of the Town to repeal Section 4-1-8_ NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Title 4, Chapter 4-1 of the Marana Town Code is hereby amended by deleting Section 4-1-8. SECTION 2. Notwithstanding the repeal of Marana Town Code Section 4-1-8, the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association, approved by Resolution No. 2Q12_50 on June 19, 2012, shall remain in full force and effect until the expiration of its term on June 30, 2014, and the Memorandum of Understanding shall be interpreted consistent with the provisions of Section 4-1-8 as it existed at the time of the adoption of the Memorandum of Understanding. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or partion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Regul��5��nber 19, 2013 - Page 162 of 165 - l- {Od03G016.DOC %2} SECTION 6_ This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19� day af November, 2013_ Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Tawn Attorney Regula��i ��5��nber 19, 2013 - Page 163 of 165 - 2 {00036016.DOC ' 2} 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:Q0 PM To: Mayor and Council From: John Kmiec, Utilities Director Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Initiative 1: Secure all necessary water resources and infrastructure. Item D 1 Subject: Presentation_ Relating to Utilities; discussion, consideration, and possible action regarding the option of providing wastewater service to the Saguaro Bloom development area. Discussion: Marana Utilities will present on the requested fmancial considerations for the wastewater conveyance system to be extended to the Saguara Bloom development. The presentation will focus an the intended alignment of the Tangerine/Downtown wastewater recovery plan. The presentation will also provide a detailed review af financial capacity for such a project, including benefits and risks associated with the constructian. Financial Impact: Estimated total cost for conveyance system is expected at $7_4M. Costs will be supported by access to reserves, agreements with development community, and Utilities impact fees. ATTACHM ENTS: 1��rzzi�: I3c�;�cri�tir�s�. "�'y N�s AttacY�r�er€t� P��ai€�bl� Staff Recommendation: Staff recommends that direction is given to conduct negoriations with praperty owners for up-front contributiflns to construct the conveyance system, to investigate the most feasible easement alignment, and to develop conceptual designs for a sewer conveyance system from the Saguaro Blaom lift station and through the Tangerine/I-10 carridor into Downtown Marana. Suggested Motion: I move that the Council direct staff to conduct negotiations with property owners for up-front contributions to construct the conveyance system, to investigate the most feasible easement alignment, and to develop conceptual designs for a sewer conveyance system from the Saguaro Bloom lift station and through the Tangerine/I-10 corridor into Downtown Marana. Regular Council Meeting - November 19, 2013 - Page 164 of 165 1 i 555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 19, 2013, 7:00 PM To: Mayor and Council Item D 2 From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Communiry Strategic Plan Focus Area - Additionat Information: Initiative 3, Strategy c: Identify financially sustainable long-term solution to the Tortolita Preserve state land lease Subject: Relating to Parks & Recreation; Discussion and possible action cancerning the Tortolita Preserve lease with the Arizona State Land Deparnnent Discussion: This item is intended to facilitate Council discussion with and direction to staff concerning the Tortolita Preserve lease. On November 6, Town staff attended an open house sponsored by the Highlands at Dove Mountain homeowners' association to explain the current status af the lease and the Town's desire to replace the high-cost lease with a more cost-effective, permanent preserve. Approximately 300 people attended the open house. Staff will update the Cauncil on the feedback received to date and on possible approaches for rnoving forward to establish a permanent preserve. A related executive session item is also listed on tonight's agenda, enabling the Council to receive legal advice and to give lease negotiation instructions that could compromise the Town's negoriating position if discussed in public. ATTACHMENTS: N��: I�c�sc:��i�t�c>n: "�`y��:: h!a Aifi�chm�e�ts Availabde Staff Recommendation: Suggested Motion: Council's pleasure. Regular Gouncil Meeting - November 19, 2013 - Page 165 of 165