HomeMy WebLinkAbout10/20/2015 Council Agenda PacketMARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 20, 2015, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town
Council and to the general public that the Town Council will hold a meeting open to the public on
October 20, 2015, at or after 7:00 PM located in the Council Chambers of the Marana Municipal
Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items
appear in italics.
As a courtesy to others, please turn off or put in silent mode all pagers and cell phones.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the
first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the
date or time may change and additional meetings may be called at other times and /or places.
Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be
revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of
this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings,
you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
Marana Regular Council Meeting 10/20/2015 Page 1 of 82
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed
from the meeting and will not be allowed to return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers
are wheelchair and handicapped accessible. Persons with a disability may request a reasonable
accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520)
3 82 -1999. Requests should be made as early as possible to arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council
Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas,
Minutes and Recent Actions. For questions about the Council meetings, special services or
procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to
5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana
Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina
Road, and at www.maranaaz.gov on the Town Clerk page under Agendas, Minutes and Recent
Actions.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing
at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers
and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals
addressing a meeting at the Call to the Public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in
the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona
Open Meeting Law, at the conclusion of Call to the Public, individual members of the
Council may respond to criticism made by those who have addressed the Council, and may
ask staff to review the matter, or may ask that the matter be placed on a future agenda.
Marana Regular Council Meeting 10/20/2015 Page 2 of 82
PROCLAMATIONS
P Proclaiming October 18 -- October 24, 2015 as Arizona Cities and Towns Week
(Jocelyn C. Bronson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally
routine items not requiring Council discussion. A single motion and affirmative vote will
approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a
motion to approve the Consent Agenda, any Council member may remove any item from
the Consent Agenda and that item will be discussed and voted upon separately.
C Resolution No. 2015 -110: Relating to Development; acceptance of Dove Mountain
Boulevard Station 277 +08.94 to 304 +71.53 for maintenance (Keith Brann)
C Resolution No. 2015 -111: Relating to Administration; approving a business meals
and food - related function expenses administrative directive and a travel and training
administrative directive for application to Town of Marana elected and appointed
officials; and superseding Marana Resolution 2009 -89 as it relates to travel and
training policies for the Town Council (Gilbert Davidson)
C3 Resolution No. 2015 -112: Relating to Transaction Privilege Tax; approving and
authorizing the Finance Director to execute a memorandum of understanding
between the State of Arizona Department of Revenue and the Town of Marana to
establish performance measures to promote the timely, efficient and accurate
processing of municipal tax matters (Erik Montague)
C4 Resolution No. 2015 -113: Relating to Municipal Court; ratifying the appointment of
Michael Aaron, Thomas Benavidez, Bobbi Berry, Kate Dawes, Harvey Jurkowitz
and Alfred McDonald as temporary magistrates pro tempore for the Marana
Municipal Court (Caine Sklar)
CS Resolution No. 2015 -114: Relating to Regional Community Development; support
for Veterans and all military personnel by recognizing the efforts of the Southern
Arizona Fisher House project (Gilbert Davidson)
Marana Regular Council Meeting 10/20/2015 Page 3 of 82
C6 Resolution No. 2015 -115: Relating to Community Development; approving and
authorizing the Mayor to execute an intergovernmental agreement between Pima
County and the Town of Marana for the management and implementation of the
2015 -2016 Community Development Block Grant Program (Lisa Shafer)
C7 Approval of October 6, 2015 Regular Council Meeting Minutes (Jocelyn C.
Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D1 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation /government actions and on
recent and upcoming meetings of the other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
El Executive Session pursuant to A.R.S. § 38- 431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
E2 Executive Session pursuant to A.R.S. § 38- 431.03 (A)(7) for discussion and
consultation with the Town Manager and the Town's attorneys to consider the Town's
position and provide instructions regarding negotiations for the purchase of real
property on Beacon Hill, currently leased by the Town as a communications antenna
site.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if
three or more Council members request that an item be placed on the agenda, it must be
placed on the agenda for the second regular Town Council meeting after the date of the
request, pursuant to Marana Town Code Section 2- 4 -2(B).
Marana Regular Council Meeting 10/20/2015 Page 4 of 82
ADJOURNMENT
Marana Regular Council Meeting 10/20/2015 Page 5 of 82
MARANA
_ r'
o�
115 5 5 W. CI C CENTE DRI -VE. NIARANA. ARIZ ONA 8 5 6 5 3
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: October 20, 2015
Item P1
Subject: Proclaiming October 18 -- October 24, 2015 as Arizona Cities and Towns Week
(Jocelyn C. Bronson)
Attachments: Arizona Cities and Towns Week
Marana Regular Council Meeting 10/20/2015 Page 6 of 82
Lea of Arizona
Cities AN,)Towns
PROCLAMATION
AIL CIfILS
& 1OWNS ME
WHEREAS the citizens of the Town of Marana rel on local g overnment to experience a hi
q ualit y of life in our communit and
WHEREAS local g overnments around the state of Arizona work 24 hours a da seven da a
week to deliver town services to create safe communities; and
WHEREAS the methods of fundin these vital town services are not alwa clearl understood
b citizens and
WHEREAS it is one of the responsibilities of town officials to ensure that le media and
citizens understand their local g overnment throu open and fre communication usin
various avenues and means.; and
WHEREAS it is important to work to encoura this connection and inform citizens and state
le of the importance of state-shared revenues in order to preserve the excellent deliver
of services that our citizens have come to expect in our town; and
WHEREAS throu education and awareness, citizens, communit leaders and town staff can
work to to ensure that services provided b the Town of Marana can remain exceptional
elements of the q ualit y of life of our communit
NOW THEREFORE BE IT RESOLVED that the Town of Marana j oins with the Lea of
Arizona Cities and Towns and fellow municipalities across the state of Arizona in declarin
October 18-24, 2015 as Arizona Cities and Towns Week,
Dated this 20th da of October, 2015.
/ 000L�
e 00
Ma Ed Honea
ATTEST:
?ocel C. ronson, Town Clerk
Marana Re Council Meetin 10/20/2015 Pa 7 of 82
MARANA
115 5 5 W. CI C CENTER DRIVE, NIA NA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
Submitted For: Keith Brann, Town Engineer
From: Glenn Phillips, Civil Engineering Specialist
Date: October 20, 2015
Strategic Plan Focus Area:
Not Applicable
Item C 1
Subject: Resolution No. 2015 -110: Relating to Development; acceptance of Dove
Mountain Boulevard Station 277 +08.94 to 304 +71.53 for maintenance (Keith
Brann)
Discussion:
Cottonwood Properties has completed public improvements acceptable to Town standards in
accordance with the Private Improvement Agreement for Dove Mountain Boulevard, Station
277 +08.94 to Station 304 +71.53. This resolution would accept for maintenance, including
maintenance of regulatory traffic control and street signs, approximately 2760 linear feet of Dove
Mountain Boulevard and appurtenances.
Staff Recommendation:
Staff recommends that council adopt the resolution.
Suggested Motion:
I move to adopt Resolution 2015 -110.
Attachments: Resolution No. 2015 -110
Marana Regular Council Meeting 10/20/2015 Page 8 of 82
MARANA RESOLUTION NO. 2015-110
RELATING TO DEVELOPMENT; ACCEPTANCE OF DOVE MOUNTAIN BOULEVARD
STATION 277 +08.94 TO 304 +71.53 FOR MAINTENANCE
WHEREAS Cottonwood Properties has completed public improvements acceptable to
Town standards in accordance with the Private Improvement Agreement for Dove Mountain
Boulevard, Station 277 +08.94 to Station 304 +71.53.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, accepting for maintenance, including maintenance of regulatory traffic control and
street signs, approximately 2760 linear feet of Dove Mountain Boulevard and appurtenances
(Dove Mountain Boulevard Station 277 +08.94 to 304 +71.53), as depicted on Exhibit A.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20th day of October, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -110
Marana Regular Council Meeting 10/20/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
9/30/2015 3:31 PM GWP /FJC
Page 9 of 82
EXHIBIT A
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Marana Regular Council Meeting 10/20/2015
MARANA
115 5 5 W. CI C CENTER DRIVE, NIARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
Submitted For: Gilbert Davidson, Town Manager
From: Erik Montague, Finance Director
Date: October 20, 2015
Strategic Plan Focus Area:
Community, Progress & Innovation
Item C2
Subject: Resolution No. 2015 -111: Relating to Administration; approving a business meals
and food - related function expenses administrative directive and a trammel and
training administrative directive for application to Town of Marana elected and
appointed officials; and superseding Marana Resolution 2009 -89 as it relates to
travel and training policies for the Town Council (Gilbert Davidson)
Discussion:
In an effort to maintain transparency and accountability, Council adopted Resolution 2009 -89 in
June 2009 which, among other things, established a process for travel and training
requests. Recently, staff updated the travel and training administrative directive and created a new
business meal and food - related function expenses administrative directive. These directives both
streamline certain processes and also maintain transparency and accountability regarding the use
of public funds.
The resolution before you this evening would make both the travel and training administrative
directive and the business meals and food - related function expenses administrative directive
apply to Council and appointed officials. Doing so would provide the opportunity for greater
consistency in the use of public funds for these purposes.
If approved, the resolution would also supersede Resolution 2009 -89 to the extent that the new
resolution conflicts with the earlier resolution.
Staff Recommendation:
Council's pleasure.
Marana Regular Council Meeting 10/20/2015 Page 11 of 82
Suggested Motion:
I move to adopt Resolution 2015 -111, approving a business meals and food - related function
expenses administrative directive and a travel and training administrative directive for application
to Town of Marana elected and appointed officials; and superseding Marana Resolution 2009 -89
as it relates to travel and training policies for the Town Council.
Attachments: Resolution No. 2015 -111
F,xhihit A
F,xhibit R
Marana Regular Council Meeting 10/20/2015 Page 12 of 82
MARANA RESOLUTION NO. 2015-111
RELATING TO ADMINISTRATION; APPROVING A BUSINESS MEALS AND
FOOD - RELATED FUNCTION EXPENSES ADMINISTRATIVE DIRECTIVE AND A
TRAVEL AND TRAINING ADMINISTRATIVE DIRECTIVE FOR APPLICATION TO
TOWN OF MARANA ELECTED AND APPOINTED OFFICIALS; AND SUPERSEDING
MARANA RESOLUTION NO. 2009 -89 AS IT RELATES TO TRAVEL AND TRAINING
POLICIES FOR THE TOWN COUNCIL
WHEREAS the Town Council has established broad guidelines and parameters regarding
the administration of the Town through the Marana Town Code and other ordinances and
policies; and
WHEREAS Section 3- 2 -1(G) of the Marana Town Code provides that the Town Manager
shall be the chief administrative officer and head of the administrative branch of the Town and
shall execute general administrative supervision and control of the affairs of the Town; and
WHEREAS on September 15, 2009, the Town Council approved Resolution
No. 2009 -164 authorizing the Town Manager to implement an administrative directive system
for carrying out certain administrative functions and providing consistency in the performance of
administrative tasks, in the use of Town resources and equipment, and in the implementation of
the Town Code and other ordinances and policies; and
WHEREAS the administrative directive system approved by Resolution No. 2009 -164
included the provision that any administrative directive relevant to the Town's elected and
appointed officials would be brought before the Council for its consideration and adoption by
resolution; and
WHEREAS the Town Manager has recently implemented administrative directives for
Town employees related to Business Meals and Food - Related Function Expenses and to Travel
and Training; and
WHEREAS on June 9, 2009, the Town Council approved Marana Resolution
No. 2009 -89 adopting, among other things, Council budget policies regarding travel and training;
and
WHEREAS the Town Council finds that approving the administrative directives relating
to Business Meals and Food - Related Function Expenses and to Travel and Training for
application to the Town's elected and appointed officials is in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Business Meals and Food - Related Function Expenses
Administrative Directive, attached to and incorporated by this reference in this resolution as
Exhibit A, and the Travel and Training Administrative Directive, attached to and incorporated by
00042601.DOCX /1
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Marana Regular Council Meeting 10/20/2015 Page 13 of 82
this reference in this resolution as Exhibit B, are hereby approved for application to the Town's
elected and appointed officials.
IT IS FURTHER RESOLVED that to the extent that the travel and training policies and
procedures adopted by Marana Resolution No. 2009 -89 conflict with the policies set forth in the
Business Meals and Food - Related Function Expenses Administrative Directive or the Travel and
Training Administrative Directive approved by this resolution, the policies and procedures
adopted by Marana Resolution No. 2009 -89 are hereby superseded and replaced by the
administrative directives adopted by this resolution.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the administrative directives approved by this
resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20th day of October, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
00042601.DOCX /1
Marana Resolution No. 2015 -111
Marana Regular Council Meeting 10/20/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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Page 14 of 82
*N O
1 7
9 MARANA 7
gRIZON�'
ADMINISTRATIVE DIRECTIVE
Title: Travel and Training
Issuing Department: Finance
Effective Date: October 1, 2015 for Town employees; Upon Council approval for
elected and appointed officials
Approved: Gilbert Davidson, Town Manager
Type of Action: Revision (Original effective July 1, 2015 for Town employees)
1.0 PURPOSE
The purpose of this directive is to ensure that employee travel is consistent with the business
objectives of the Town of Marana. It also ensures fair and equitable treatment of employees
by defining procedures for authorized business travel and guidelines for expense
reimbursement.
2.0 DEPARTMENTS AFFECTED
All Town of Marana departments and employees, and elected and appointed officials
3.0 REFERENCES
3.1 IRS Publication 15, (Circular E), Employer's Tax Guide
3.2 IRS Business Mileage Rates
3.3 U.S. General Services Administration (GSA), Travel and Relocation Policy
3.4 Town of Marana Personnel Policies and Procedures, Policy 6 -3: Town - Sponsored and
Required Training
3. Town of Marana Administrative Directive Business Meal and Food Related Function
Expenses
4.0 DEFINITIONS
4.1 Business purpose: Activities that contribute to any one of the Town's major objectives
and will benefit the individual's ability to be more productive. The purpose must be for
the public's benefit and related to the department's business activities.
4.2 Commuting expense: An expense for travel between a personal residence and a regular
duty post.
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4.3 Duty post: The place where an employee spends the largest portion of the regular
workday or working time.
4.4 Elected official: The Town of Marana Mayor or any Town of Marana Council member.
4.5 Employee: Any full- or part -time classified or unclassified Town of Marana employee
hired for an indefinite period in a budgeted position. For purposes of this directive only,
all references to employee shall also include elected and appointed officials.
4.6 Incidental expenses: (1) Fees and tips given to porters, baggage carriers, bellhops, hotel
maids, stewards or stewardesses; and (2) transportation between places of lodging or
business and places where meals are taken, if suitable meals cannot be obtained at the
lodging.
4.7 Lodging: Actual room charges, mandatory service charges and taxes for overnight
sleeping facilities. Does not include accommodations on airplanes, trains, buses, or ships,
which are included in the cost of transportation.
4.8 Per diem: The allowance for meals and incidental expenses. The per diem rate is
established by the Town Manager as part of the annual budget process. The rate shall not
exceed the rates established by the General Services Administration (GSA).
4.9 Reporting period: The 10 -day period within which a Travel Reconciliation Form must be
submitted after the end of a trip.
4.10 Residence: The primary residence where the traveler lives, regardless of other legal or
mailing addresses.
4.11 Transportation expenses: Expenses for means of conveyance or travel from one place to
another (e.g., airplane, automobile, taxi, airport shuttle service).
4.12 Travel: For purposes of determining travel status, the traveler must be on official town
business and must travel away from his or her duty post longer than 12 hours and outside
a radius of 50 miles from the traveler's personal residence and duty post. Travel begins
when the traveler leaves the personal residence or duty post, whichever occurs last, and
ends when the traveler returns to the personal residence or duty post, whichever occurs
first. All travel outside of the United States is considered travel for the purposes of this
administrative directive.
4.13 Traveler: An employee traveling for a Town of Marana business purpose.
4.14 Travel expenses: Expenses that are ordinary and necessary to accomplish the official
business purpose of a trip, such as registration, transportation, lodging and business
expenses directly related to travel.
5.0 POLICIES AND PROCEDURES
5.1 General guidelines
5. 1.1 A critical balance between the Town's need for cost effectiveness and the employee's
need for quality services and support must be sought when requesting travel. Travel is
warranted when personal contact is the most effective method of conducting official
Town business or training as determined by the departmental approval authority. To
maximize the effectiveness of Town resources allocated to travel activities, employee
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travel should be via the best cost alternative, consistent with good business practices.
Neither luxury, nor sub - standard modes of transportation and accommodations should
be used.
5.1.2 Departments should send the fewest number of employees required and utilize cross -
training to reduce travel expenses. Additionally, consideration should be made for
other alternatives for conducting business, such as conference calls or web
conferences.
5.1.3 Employee travel, and the expenses associated with it, will be authorized only in
circumstances which are clearly consistent with the mission of the Town. It will be
the responsibility of each department head and manager to ensure that all employee
travel meets this objective and that reimbursement be made only for actual,
reasonable business expenses in connection with authorized travel as defined in this
directive. In order to maintain control over expenditures, any expense submitted
which does not comply with the guidelines of this directive will not be reimbursed,
unless accompanied by a written approval from Town management.
5.1.4 Travel is conducted and reimbursed according to Town policy regardless of the
funding source of the travel expense.
5.1.5 In general, air travel will be authorized for out -of -state travel and ground travel will
be authorized for in -state travel.
5.1.6 Out -of -state travel is not permitted for employees serving in an initial evaluation
period, as defined by Town policy, unless otherwise approved by the Town Manager.
5.1.7 When a traveler can reasonably and safely arrive at the destination one hour before
the scheduled event begins, he /she should depart on the same day rather than leaving
one day earlier. When a traveler can reasonably and safely return home from a trip by
8:00 p.m., an additional night of lodging should be avoided. Exceptions may be
approved by the department's approval authority.
5.1.8 With the exception of travel outside of the United States, attendance at a conference,
meeting, training session or similar event that does not take the traveler away from
his or her duty post longer than 12 hours and outside a radius of 50 miles from the
traveler's personal residence and duty post is not considered "travel" for purposes of
this directive. As such, a Travel Authorization Form and a Travel Reconciliation
Form are not required for any expenses. A check request can be utilized for any
necessary vendor payments. However, attendance at the conference, meeting,
training session, etc., must still be for a business purpose and in compliance with all
Town policies regarding the expenditure of Town funds.
5.1.9 To be eligible for lodging and per diem /meal expense reimbursement, travel must
take the traveler away from his or her duty post longer than 12 hours and outside a
radius of 50 miles from the traveler's personal residence and duty post.
5.1.9.1. Notwithstanding section 5.1.9 above, lodging may be allowed in
extenuating circumstances where:
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5.1.9.1.1 The employee is required to serve in an official capacity at an
event which starts significantly before or ends significantly past
regular business hours.
5.1.9.1.2 There is adequate budget capacity to support the cost.
5.1.9.1.3 The lodging request is approved by the Town Manager or by
Council authorization.
5.2 Travel authorization and approval All travel must be requested in advance using the
official Town Travel Authorization Form (TAF), (Attachment A). In -state travel requires
the approval of the employee's immediate supervisor, department head and the Finance
Director. Out -of -state travel and travel costing over $1,000 and not specifically budgeted
also requires the approval of the Town Manager in addition to the supervisor, department
head and Finance Director.
5.2.1 Notwithstanding section 5.2 above, Town Manager approval is not required for
expenditures of the Marana Municipal Court.
5.3 Incurring travel expenses Subsequent to approval, travel arrangements, including airfare,
rental car, lodging and planning of meetings can be coordinated through the appropriate
departmental support staff. The Town will use appropriate online travel sites to facilitate
the procurement of travel.
5.4 Payment of travel expenses Travel expenses for authorized travel may be paid by the
employee and reimbursed pursuant to the terms of this directive, paid by a Town credit
card, paid directly to the vendor with a check request, or the employee may request a
travel advance.
5.4.1 Requests for travel advances must be received two weeks prior to date of departure.
When advance requests are not received two weeks prior to travel, travelers will be
reimbursed upon return and completion of the Travel Reconciliation Form.
5.5 Air travel Air travel will be via the safest, most direct, and economical means.
5.5.1 Use of "Non- Refundable" airfares is recommended, as well as the lowest available
coach, economy, or discount. These fares are often considerably less expensive than
refundable unrestricted fares. In most cases, if the travel must change or the trip is
canceled altogether, the funds can be used as a credit toward future travel, less a
service charge imposed by the airline.
5.5.2 Airport parking and mileage expense for a personal vehicle is allowed only if it is less
than roundtrip taxi or shuttle fare between the traveler's residence and the airport, or
duty post and airport, whichever is applicable. If the traveler is dropped off or picked
up using a personal vehicle, parking and mileage is not reimbursable.
5.5.3 Reasonable fees, such as, baggage fees, taxes, and other necessary fees will be
reimbursed. Discretionary fees, such as early boarding passes or optional upgrades,
will not be reimbursed (see section 5.13 below).
5.5.4 Employees choosing to use personal modes of travel between cities serviced by
regularly scheduled airlines will be reimbursed based on least expensive airfare or
actual expenses, whichever is less.
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5.6 Auto rental If the employee travels out -of -state via air travel, the employee may be
authorized to obtain a rental car. If the employee's lodging is more than five miles from
the training /conference site, car rental may be the most cost effective. Otherwise, taxi,
airport, or hotel shuttle service may be a more cost effective option. An auto rental must
be used only in reasonable and economical situations. An employee can request either
compact or intermediate size cars. Rentals for other types of cars are not permitted except
with Town Manager approval.
5.6.1 Wherever possible, the employee must refill gasoline prior to returning rental car for
drop off.
5.6.2 Any personal portion of the cost of a rental car must be subtracted from the total
rental bill before requesting reimbursement. The personal portion is calculated by
prorating the cost of the rental over the number of days for personal use and number
of days for business use.
5.6.3 No reimbursement is allowed for vehicle liability insurance, collision damage waiver,
or optional upgrades purchased by the traveler. The Town's insurance program
includes the same coverage for rental cars as cars owned by the Town. If the
employee accepts extra insurance cost for a domestic car rental in order to be covered
during the personal portion of the trip, the entire cost of the insurance coverage for
the entire rental period will be a personal expense and not reimbursable.
5.7 Shuttle /taxi If the employee travels out -of -state via air travel, then taxi, shuttle, or other
means of transportation may be reimbursed if it is the most reasonable and economical
means for the traveler.
5.8 Ground travel When travel is required within the state, every effort shall be made to use
a Town - provided vehicle. If a Town vehicle is not available, the reimbursement rate will
be at the prevailing IRS mileage allowance rate upon submission of the Mileage
Reimbursement Log (MRL) (Attachment B). If an employee utilizes a personal vehicle
when a Town vehicle is available, the reimbursement rate will be at the prevailing GSA
Privately Owned Vehicle (POV) mileage reimbursement rate.
5.8.1 An employee is only authorized to use his or her personal vehicle if the employee
holds both a valid driver's license and a current comprehensive auto insurance policy,
including liability. If not, the employee is not authorized to use his or her personal
vehicle in travel for the Town.
5.8.2 When multiple employees are required to travel to the same event (e.g., a
conference), a reasonable effort should be made to carpool or otherwise consolidate
the number of vehicles used in order to conserve gasoline and the associated
expenditure.
5.8.3 An employee who receives a monthly stipend for mileage reimbursement shall not be
entitled to receive additional mileage reimbursement for travel of one day's duration
or less, unless such travel exceeds 25 miles beyond Pima County.
5.8.4 In order to receive reimbursement for mileage and /or parking fees, the employee must
complete a Mileage Reimbursement Log (Attachment B) specifying purpose of trip,
start and finish odometer reading, reduction of commute miles, point of origin,
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destination and time of trip. Mileage in excess of commute miles at an amount
established by the IRS will be reimbursed for Town business.
5.8.5 The employee assumes the responsibility for all parking and traffic citations or fines.
5.9 Lodging The Town will pay the actual costs of overnight lodging at the government rate
(i.e., GSA lodging rate), "conference block" rate, or the most economical rate available.
These rates should be requested when making hotel reservations. The employee is
responsible for confirming that the rate being charged is also the rate listed on the travel
itinerary. Any discrepancies should be reported immediately and resolved prior to travel.
5.9.1 Hotels normally hold a confirmed room, with a confirmation number, without prior
financial commitment until approximately 6:00 p.m. on the check -in date (local
destination time). In order to hold a confirmed reservation beyond that hour, the hotel
will generally require an advance deposit (normally prepayment for one night) or a
guarantee by the traveler's credit card. After a deposit is submitted or a guarantee is
made, the employee is responsible for notifying the hotel of cancellation. The
employee will not be reimbursed for the deposit or guarantee penalty if he /she fails to
make a cancellation notification unless there is extreme extenuating circumstances
beyond the control of the employee (for example, a canceled flight). Such
circumstances must be documented on the Travel Reconciliation Form, with the
documented confirmation number.
5.9.2 Some hotels hosting large conferences may require a prepayment irrespective of the
guest's arrival time. Such prepayments should generally be charged to the Town. If
the prepayment is required in excess of ten days before the conference, the
prepayment can be made directly by the Town to the hotel through submission to
Accounts Payable on a Check Request form.
5.9.3 Meals and incidentals on lodging receipts must be itemized separately. Discretionary
expenses, such as expenses for in -room stocked mini -bar or in -room movies will not
be reimbursed (see section 5.13 below).
5.9.4 The Town reimburses employees for the single occupancy cost of a standard room.
5.9.5 When traveling to a conference, it is appropriate to stay at the hotel hosting the
conference, assuming that the daily rate is not unreasonably expensive relative to
other alternatives.
5.10 Meal Reimbursement. The Town will reimburse meals up to the per diem rate.
5.10.1 On the days of travel to or from the destination reimbursements should be adjusted
for the employee's departure and return times, to exclude any meals not incurred
during the time of travel using the schedule below.
Departure Time
Return Time
Eligible
Meal
Before 7:00 a.m.
After 10:00 a.m.
Breakfast
Before 12:00 p.m.
After 1:00 p.m.
Lunch
Before 4:00 p.m.
After 6:00 p.m.
Dinner
5.10.2 The traveler may receive meal reimbursement by one of the following methods:
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5.10.2.1. Per Diem The employee may choose to receive per diem. Receipts are
not required if the per diem method of meal reimbursement is chosen.
5.10.2.2. Actual Expenses. The employee may choose to be reimbursed for actual
expenses up to the per diem rate. Detailed receipts are required when the
actual expenses method of meal reimbursement is chosen.
5.10.3 If a Town credit card is used for meals, itemized receipts are required and payment is
limited to the amount actually spent for a meal, not to exceed the maximum per diem
rate. Actual itemized receipts are required for all meal expenses paid for by a Town
credit card.
5.10.4 The Town's meal and incidental reimbursement will be reduced to account for meals
furnished at no cost or nominal cost to the employee. If meals are provided in the cost
of a conference or event, including continental breakfasts, those meals shall be
deducted from the reimbursement request.
5.10.5 Meal tickets or other conference - sponsored meals (banquet, etc.) not included in the
conference fee, which exceed the per diem rate, may be paid at the actual cost with
department head approval, if accompanied by a receipt or other verification of cost.
Costs of such meals should not be extravagant.
5.10.6 Travelers with special dietary needs due to a medical condition or other food
restriction shall request a reasonable meal accommodation at the conference or event
site. Should the conference or event site be unable to make the reasonable meal
accommodation, the employee is eligible to receive reimbursement up to the per diem
rate.
5.11 Reconciliation/reimbursement procedures. Within ten days of returning from travel, the
employee must complete a Travel Reconciliation Form and attach the required receipts
and documentation. The Travel Reconciliation Form must be certified by the employee
and signed by the department head and the Finance department. The following
documentation must be included with the Travel Reconciliation Form:
5.11.1 A receipt, invoice, or brochure providing the registration amount and information for
registration amounts paid.
5.11.2 Itemized receipts for lodging expenses.
5.11.3 Itemized receipts for airfare.
5.11.4 Itemized receipts should be provided for taxi, shuttle, baggage fees, or any other
business expense that is authorized in this policy.
5.12 Lost receipts. If a lodging or other required receipt is not issued or is lost, a Lost Receipt
Affidavit (Attachment D) will be sufficient documentation of the actual cost. The Town
expects that a good faith effort will be made by an employee to collect and retain all
required receipts. The employee should avoid using a Lost Receipt Affidavit unless
absolutely necessary. Receipts are always the preferred form of documentation.
5.13 Non - reimbursable expenses. The following expenses are not reimbursable under this
directive. This list is not intended to be a complete list of unallowable items; travelers are
expected to exercise good judgment:
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5.13.1 Alcohol
5.13.2 Car rental insurance purchased for domestic travel
5.13.3 Child care
5.13.4 Commuting expenses
5.13.5 Corporate card delinquency fees or finance charges
5.13.6 Dues in private clubs
5.13.7 Early boarding passes or similar for air travel
5.13.8 Frequent flier and other similar awards for hotel and car rentals
5.13.9 Gym and recreational fees, including massages and saunas
5.13.10 In -room movies
5.13.11 In -room stocked mini -bar items
5.13.12 Insurance costs such as life insurance, flight insurance, personal automobile insurance
and baggage insurance
5.13.13 Laundry or valet service for travel of fewer than five days
5.13.14 Lost baggage
5.13.15 Loss or theft of cash advance money, airline tickets, personal funds or property
5.13.16 "No- show" charges for hotel and car service, unless extreme extenuating
circumstances are documented
5.13.17 Optional upgrades (air, hotel, car, etc.)
5.13.18 Parking tickets or traffic violations
5.13.19 Personal automobile repairs
5.13.20 Personal banking fees
5.13.21 Personal credit card fees
5.13.22 Personal entertainment
5.13.23 Personal grooming services, such as barbers, hairdressers and shoe shines
5.13.24 Personal telephone charges in excess of reasonable calls home, generally one per day
5.13.25 Pet care
5.14 One -day travel In general, trips within Pima County do not qualify for reimbursement
for an overnight stay. The Town, following IRS regulations, does not allow travel meal
expense without an overnight stay. However, a bona fide business meal may be
reimbursed.
5.15 Miscellaneous expenses Certain miscellaneous expenses essential to the purpose of
authorized travel may be reimbursed. Miscellaneous expenses include: registration (if not
prepaid), costs of presentations, published proceedings, and other actual expenses in
connection with professional meetings, conferences and seminars.
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5.16 Combining town and personal travel The Town does not pay travel expenses that are not
required for official Town business. The focus of the travel should be on the business
training. An employee combining personal travel before or after a conference or business
trip is responsible for the total cost of the personal travel. Personal travel expenses will
not be reimbursed, nor can it be reflected in any Town business expenses. The Town will
reimburse travel expenses at the lowest cost that should have been incurred for the
business purpose.
5.16.1 Expenses of a spouse, family member, or others accompanying the business traveler
are not reimbursable and are not to be charged on the Town credit card.
5.17 Indirect routes If the employee takes an indirect route or interrupts a direct route for
other than Town business, reimbursement for air fare will be at either the actual charge or
the charge that would have been incurred by traveling the direct route by the most
economical means, whichever is less.
5.18 Unauthorized travel expenses The employee will be required to reimburse the Town for
unauthorized travel expenses. The Finance Department will make every effort to
establish a repayment schedule that meets the Finance Department's responsibility to
recoup public funds in a timely manner and incorporates consideration for the employee's
ability to repay. Repayment shall be made by cash or personal check. Should the
employee fail to make any required repayments, Finance may deduct the amount of
repayment by payroll deduction when all other means have been exhausted.
5.19 Application to elected and appointed officials The provisions of this directive shall also
apply to elected and appointed officials, except that the approval process shall be as
follows:
5.19.1 All travel requests require the approval of the Mayor, the Town Manager and the
Finance Director, except that if the traveler is the Mayor, only the approval of the
Town Manager and the Finance Director is required.
5.19.2 If the Mayor, the Town Manager, or the Finance Director disapprove a travel request,
the request shall be scheduled for a vote of the Town Council at a public meeting. A
majority of the Council shall constitute the final determination of approval or
disapproval of the expenditure.
6.0 RESPONSIBILITIES
6.1 Department head responsibilities
6. 1.1 Know the provisions of this directive and inform departmental staff of the Town
policy and procedures.
6.1.2 Determine if travel is necessary to achieve individual, department and Town goals.
6.1.3 Travel approval shall be completed within the departmental budget approved by
Council.
6.1.4 Approve expenses in accordance with this directive.
6.2 Employee responsibilities
6.2.1 All employees are responsible for understanding and following this directive.
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6.2.2 Employees shall be personally financially responsible for unauthorized travel
expenses.
6.2.3 Requests must be submitted at least two weeks before the intended departure date.
6.2.4 Travelers should spend Town funds prudently. Business travel expenses will be paid
by the Town only if they are reasonable, necessary and in accordance with this
directive.
6.2.5 Approval must be granted prior to incurring any costs related to travel.
6.2.6 The employee requesting travel should notify support staff as early as possible of
necessary travel arrangements. Travel plans made 7 to 14 days or more in advance of
a trip will, in most cases, cost considerably less.
6.2.7 The lowest fare itinerary shall be used that meets the travel demands of the event.
6.2.8 The employee is expected to only incur expenses that are consistent with the business
purpose of the trip, and to exercise care in determining appropriate expenditures.
6.2.9 The employee is responsible for submitting the Travel Reconciliation Form and all
forms related to his /her travel within ten business days of the conclusion of the travel.
The employee may delegate responsibility for preparation of the forms, but will
always retain accountability for travel expenses.
6.2. 10 Individuals preparing Travel Reconciliation Forms have the responsibility for
applying the correct account to each receipt to ensure compliance with Town
requirements.
6.2.11 Employee must pay Town credit card balances when due.
6.3 Finance Department responsibilities
6.3.1 The Finance Department is responsible for the overall financial management of the
Town's budget and may request information required to support the purposes of this
directive.
7.0 ATTACHMENTS
7.1 Attachment A - Travel Authorization Form (TAF)
7.2 Attachment B - Mileage Reimbursement Log (MRL)
7.3 Attachment C — Travel Reconciliation Form
7.4 Attachment D —Lost Receipt Affidavit
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REVISION HISTORY
REV
DESCRIPTION OF CHANGE
OR
Original Release
RE
Revision Number 1
RE
Revision Number 2
DATE
7/1/15
9/1/15
10/1/15
Caution: A copy of this Administrative Directive is an uncontrolled document. It is your
responsibility to ensure you are using the current version. The electronic version is the only
acceptable and controlled Administrative Directive.
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1 7
9 MARANA P
AlRIZON�
ADMINISTRATIVE DIRECTIVE
Title: Business Meals and Food - Related Function Expenses
Issuing Department: Finance
Effective Date: August 1, 2015 for Town employees; Upon Council approval for elected
and appointed officials
Approved: Gilbert Davidson, Town Manager
Type of Action: New
1.0 PURPOSE
The purposes of this directive are to assist departments in determining the appropriate
expenditure of public funds for food at meetings or related events and to ensure that
expenditures are consistent with the business objectives of the Town of Marana. It also
ensures fair and equitable treatment of employees by defining procedures for authorized
business meals and food - related function expenses and guidelines for expense
reimbursement.
2.0 DEPARTMENTS AFFECTED
All Town of Marana departments and employees, and appointed and elected officials
3.0 REFERENCES
3.1 Arizona Constitution, Article 9, Section 7 - Gift or loan of credit; subsidies; stock
ownership; joint ownership
3.2 IRS Publication 15, (Circular E), Employers Tax Guide
3.3 IRS Publication 15 -13, Employer's Tax Guide to Fringe Benefits
3.4 IRS Publication 463, Travel, Entertainment, Gift, and Car Expense
3.5 Town of Marana Personnel Policies and Procedures, Section 1 -2 -2: Abuse of Position
3.6 Town of Marana Personnel Policies and Procedures, Policy 7 -5: Drug- and Alcohol -Free
Workplace
3.7 Town of Marana Administrative Directive: Travel and Training
4.0 DEFINITIONS
4.1 Business meal: A meal provided at a business meeting.
Marana Regular Council Meeting 10/20/2015 Page 26 of 82
4.2 Business meeting: A gathering of individuals for the purpose of exchanging information,
planning, training, or other activities, where a Town employee(s) meets with a
non - employee(s) for business purposes.
4.3 Business purposes: Activities that contribute to any one of the Town's major objectives
and will benefit employees' ability to be more productive. The purpose must be for the
public's benefit and related to the department's or Town's business activities.
4.4 Elected official: The Town of Marana Mayor or any Town of Marana Council member.
4.5 Employee: Any full- or part -time classified or unclassified employee hired for an
indefinite period in a budgeted position. For purposes of this directive only, all references
to employee shall also include elected and appointed officials.
4.6 Food - related functions: Public meetings, training sessions, meetings of the Town
Council, Boards, or Commissions, and other functions, including Town - sanctioned,
Town -wide activities such as Employee Appreciation events, at which food and
beverages are served. Food - related functions do not include budgeted, Parks and
Recreation events /programs in which the cost of the food is either paid by or recovered
from the participant.
4.7 Public meeting: A gathering of individuals for the purpose of exchanging information,
planning, training, or other activities, where the majority of attendees are non - employees,
or a gathering of individuals where the purpose is to convey information to the general
public. A public meeting must be held for a business purpose.
5.0 POLICIES AND PROCEDURES
5.1 Approval process Except as provided in section 5.2 below, all expenditures for business
meals and food - related functions must be approved in advance in order to be reimbursed
by the Town.
5. 1.1 Employees who wish to expend Town funds for business meals and food - related
functions must submit a Business Meal /Food- Related Function Authorization Form
(Attachment A) to the Finance Department.
5.1.2 The employee must provide a detailed description of the meal, program, or event,
specifying the business purpose. Generalizations such as "discussed program
operations" are insufficient.
5.1.3 The employee must submit a list of expected attendees.
5.1.4 Except as otherwise set forth in this directive, business meal expenditures require the
approval of the employee's Department Head and the Finance Director, and
food - related function expenditures require the approval of the Town Manager in
addition to the Department Head and the Finance Director.
5.1.4.1 Notwithstanding section 5.1.4 above, Town Manager approval is not required for
expenditures of the Marana Municipal Court.
5.2 Pre - approval not required The following business meal and food - related function
expenses do not require pre- approval; however, to obtain reimbursement for the
expenses, the employee must submit the documentation required by section 5.3 below.
ADMINISTRATIVE DIRECTIVE: BUSINESS MEALS AND FOOD - RELATED FUNCTION EXPENSES
-2-
Marana Regular Council Meeting 10/20/2015 Page 27 of 82
5.2.1 Business meals between a Department Head(s) and a non - employee(s) that cost less
than $50.
5.2.2 Business meals between an Elected Official(s), the Town Manager, a Deputy or
Assistant Town Manager, or the Town Magistrate and a non - employee(s) regardless
of the cost of the meal.
5.2.3 Food - related function expenses that cost less than $50.
5.3 Sub stantiation/reimbursement procedures To be reimbursed for business meal or
food - related function expenditures, an employee must submit a Business
Meal /Food - Related Function Substantiation Form (Attachment B) to Finance along with
the check request or credit card reconciliation, as applicable. The form must be certified
by the employee. The following documentation must be included with the form:
5.3.1 A listing of each individual in attendance at the event, including the individual's title,
if any. For larger meetings, documentation may include a sign -in sheet, participant
roster or similar item.
5.3.2 Original itemized receipts (i.e., receipts with detailed food /beverage purchase
information). Credit card summary receipts and /or statements will not be accepted for
reimbursement. In the rare instance that no itemized receipt is available, a substitute
document (Lost Receipt Affidavit) must certify compliance with this directive,
included certification that no alcohol was purchased.
5.3.3 The public purpose of the business meeting or public meeting. Generalizations such
as "discussed program operations" are insufficient.
5.4 Non - reimbursable expenses The following expenses are not reimbursable under this
directive. This list is not intended to be a complete list of unallowable items; employees
are expected to exercise good judgment.
5.4.1 Expenses for food for employees engaged in routine Town business, except as set
forth in Town of Marana Administrative Directive: Travel and Training.
5.4.2 Expenses for business meals between Town employees.
5.4.3 Expenses for alcoholic beverages; consumption of alcoholic beverages during
business hours is a violation of Town of Marana Personnel Policies and Procedures,
Policy 7 -5: Drug- and Alcohol -Free Workplace.
5.4.4 Expenses for social functions or activities such as holiday parties, awards ceremonies,
departmental celebratory functions or similar -type events, except that funds may be
used for Town - sanctioned, Town -wide activities including, but not limited to,
Employee Appreciation events.
5.5 Application to elected and appointed officials The provisions of this directive shall also
apply to elected and appointed officials, except that the approval process shall be as
follows:
5.5.1 All expenditure requests require the approval of the Mayor, the Town Manager and
the Finance Director, except that if the person expending the funds is the Mayor, only
the approval of the Town Manager and the Finance Director is required.
ADMINISTRATIVE DIRECTIVE: BUSINESS MEALS AND FOOD - RELATED FUNCTION EXPENSES
-3-
Marana Regular Council Meeting 10/20/2015 Page 28 of 82
5.5.2 If the Mayor, the Town Manager, or the Finance Director disapproves a request, the
request shall be scheduled for a vote of the Town Council at a public meeting. A
majority of the Council shall constitute the final determination of approval or
disapproval of the expenditure.
6.0 RESPONSIBILITIES
6.1 All employees are responsible for understanding and following this directive.
6.2 Employees shall be personally financially responsible for unauthorized food - related
function or business meal expenses.
6.3 Department Heads are responsible for budgeting for costs within their respective
departments and are responsible for ensuring the use of public funds is consistent with
this directive.
6.4 The Finance Department is responsible for the overall financial management of the
Town's budget and may request information required to support the purposes of this
directive.
7.0 ATTACHMENTS
7.1 Attachment A - Business Meal /Food - Related Function Authorization Form
7.2 Attachment B - Business Meal /Food - Related Function Substantiation Form
ADMINISTRATIVE DIRECTIVE: BUSINESS MEALS AND FOOD - RELATED FUNCTION EXPENSES
-4-
Marana Regular Council Meeting 10/20/2015 Page 29 of 82
REVISION HISTORY
REV DESCRIPTION OF CHANGE
OR Original Release
DATE
8/1/15
Caution A copy of this Administrative Directive is an uncontrolled document. It is your
responsibility to ensure you are using the current version. The electronic version is the only
acceptable and controlled Administrative Directive.
ADMINISTRATIVE DIRECTIVE: BUSINESS MEALS AND FOOD - RELATED FUNCTION EXPENSES
Marana Regular Council Meeting 10/20/2015
19611
Page 30 of 82
MARANA
115 5 5 W. CI C CENTER DRIVE, NIA NA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
From: Erik Montague, Finance Director
Date: October 20, 2015
Strategic Plan Focus Area:
Not Applicable
Item C3
Subject: Resolution No. 2015 -112: Relating to Transaction Privilege Tax; approving and
authorizing the Finance Director to execute a memorandum of understanding between the
State of Arizona Department of Revenue and the Town of Marana to establish
performance measures to promote the timely, efficient and accurate processing of
municipal tax matters (Erik Montague)
Discussion:
In 2015, HB 2617 amended SB 1471 (revenue; budget reconciliation; 2015 -2016) regarding how
cities, counties, Maricopa County of Governments (MAG) and Pima County of Governments
(PAG) would share in an ongoing partial assessment of Arizona Department of Revenue (ADOR)
for costs relating to the uniform administration of transaction privilege taxes (collection and
audit). Under this law, ADOR could assess up to $20,755,835 in administration fees which
are broken into the following categories:
• $ 2,582 - MAG
. $ 511 - PAG
• $ 6,749 - Counties
. $10,912,910 - Cities and Towns
The amounts allocated to each city and town was based on the 2010 decennial census population
figures, in the same way that State Shared TPT revenues are allocated. Additional fees were
assessed to each self - collecting city to offset the cost of programming changes required to accept
tax payments for those cities. No additional fee was assessed to cities and towns already in the
State collection system. For fiscal year 2015 -2016, Marana's assessment for ADOR
administration was $75,934 and was due by September 30, 2015. Marana's assessment was paid
timely.
The Memorandum of Understanding (MOU) was created in order for the ADOR administration
Marana Regular Council Meeting 10/20/2015 Page 31 of 82
assessment to be considered a "fee for service ", with performance measures, as opposed to a form
of taxation. The attached MOU was negotiated with ADOR and a broad group of cities and
towns with the League of Arizona Cities and Towns. All cities and towns will have the same
MOU. No changes may be made to it by any individual city or town. The League of Arizona
Cities and Towns considers it an annual MOU that renews automatically at the beginning of each
fiscal year, subject to the annual review conditions provided for in the MOU.
The resolution before you this evening authorizes the Finance Director to sign this MOU.
Staff Recommendation:
Staff recommends adoption of Resolution 2015 -112, authorizing the Finance Director to sign a
memorandum of understanding with the Arizona Department of Revenue relating to transaction
privilege tax administration.
Suggested Motion:
I move to adopt Resolution 2015 -112, authorizing the Finance Director to sign a memorandum of
understanding with the Arizona Department of Revenue relating to transaction privilege tax
administration.
Attachments: Resolution No. 2015 -112
VNIA bill Pk OTA rel
ADOR MOU Measures
Marana Regular Council Meeting 10/20/2015 Page 32 of 82
MARANA RESOLUTION NO, 2015-112
RELATING TO TRANSACTION PRIVILEGE TAX; APPROVING AND AUTHORIZING THE
FINANCE DIRECTOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN
THE STATE OF ARIZONA DEPARTMENT OF REVENUE AND THE TOWN OF MARANA
TO ESTABLISH PERFORMANCE MEASURES TO PROMOTE THE TIMELY, EFFICIENT
AND ACCURATE PROCESSING OF MUNICIPAL TAX MATTERS
WHEREAS A.R.S. § 42 -6001 et seq. provides that the Arizona Department of Revenue
(ADOR) shall collect and administer any transaction privilege and affiliated excise taxes imposed by
any city or town in Arizona and that the Department and each city or town shall enter into an inter-
governmental contract or agreement (IGA) pursuant to A.R. S. § 11 -952 to provide a uniform method
of administration, collection, audit and licensing of transaction privilege and affiliated excise taxes
imposed by the state, cities or towns; and
WHEREAS on June 16, 2015, the Town Council adopted Resolution No. 2015 -061 approv-
ing and authorizing the Mayor to execute an IGA with ADOR regarding the administration, collec-
tion, audit and /or licensing of transaction privilege tax and affiliated excise taxes imposed by the
Town of Marana; and
WHEREAS in furtherance of the purposes of the IGA, the parties desire to enter into a mem-
orandum of understanding to establish performance measures to promote the timely, efficient and
accurate processing of municipal tax matters; and
WHEREAS the Town Council finds that entering into this memorandum of understanding is
in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The memorandum of understanding between the Arizona Department of Reve-
nue and the Town of Marana, attached to and incorporated by this reference in this resolution as Ex-
hibit A. is hereby approved and the Finance Director is hereby authorized to execute it for and on
behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake
all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of
the memorandum of understanding.
00042602.DOC /2
Marana Resolution No. 2015 -112 - 1 - 10/12/2015 1:21 PM JF /FC
Marana Regular Council Meeting 10/20/2015 Page 33 of 82
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of October, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
00042602.DOC /2
Marana Resolution No. 2015 -112
Marana Regular Council Meeting 10/20/2015
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-2-
10/12/2015 1:21 PM JF /FC
Page 34 of 82
Memorandum of Understanding
Memorandum of Understanding
Between
Arizona Department of Revenue
and
City /Town of
Background
Administration and collection of local municipal transaction privilege tax and similar
affiliated excise taxes imposed under the Model City Tax Code are governed under
Arizona Revised Statutes Title 42, Chapter 6.
House Bill 2111 (2013 First Regular Session) and House Bill 2389 (2014 Second
Regular Session), as a means of simplifying tax administration, requires the local
municipal transaction privilege and affiliated excise taxes to be collected and
administered by the Arizona Department of Revenue ( "DOR "). In addition, DOR and
each city and town shall enter into an intergovernmental agreement to establish a
uniform method of administration, collection, audit, and licensing. House Bill 2617 (2015
First Regular Session) requires DOR to impose fees on cities and towns to pay a
portion of administrative, program and other operating costs for DOR to provide
administrative and collection services to local governments.
Purpose
In furtherance of this mission and the fees imposed by House Bill 2617, this
Memorandum of Understanding (MOU) sets forth the understanding between the DOR
and the City /Town of ( "City /Town ") to establish performance measures to
promote the timely, efficient and accurate processing of municipal tax matters.
Reporting
Appendix A, which was created by a team of representatives from DOR and the cities
and towns, focuses on the performance measures in the operational areas of
Administration, Customer Service, AZTAXES.gov, Audit, and Collections.
Duration
The term of this MOU shall be from July 1, 2015 through June 30, 2016.
Annual Review
During the term of this MOU, the Appendix A may undergo an annual review to be
completed no later than March 31 of each year, however can be delayed or canceled if
Marana Regular Council Meeting 10/20/2015 Page 35 of 82
determined no review is necessary. The performance measures may be modified by
DOR and the cities and towns upon mutual agreement during the annual review
process. These performance measures are goals. Payments due from cities and towns
are required by law, and not contingent upon DOR meeting the goals.
Arizona Department of Revenue
Attn: Director, Division Code 20
1600 W. Monroe
Phoenix, AZ 85007
Director
Arizona Department of Revenue
City /Town of
City Address
Date:
Date:
Chief Financial Officer /Finance Director
City /Town of
Marana Regular Council Meeting 10/20/2015 Page 36 of 82
Appendix A
Performance Category
Administration
Goal /Objective Performance Measurement Report
Frequen(
New licenses processed
To process new license applications
1. average # of days to process a new license
Monthly
within 5 days of receipt
application 2. % of new license applications
processed within 5 days of receipt
License Modifications /Cancellations
To process license
# of license modifications /cancellations
Monthly
modifications /cancellations received
remaining at the end of the month
by the 25th of the month by the end of
the month.
Clean cut off by calendar month activity on all
DOR will ensure that all money
1. Close the previous accounting month by the
Monthly
monthly activity reports
deposited within a calendar month
15th of the following month. 2. Beginning
and all returns received within a
January, 2016, to distribute money from 2
calendar month will be processed
accounting months during the first 2 weeks of
within that accounting month and
the new accounting month.
money distributed for that month.
All TPT Tax Returns processed including
To process all TPT tax returns within
Average # of days to process a TPT tax
Monthly
amendments, modifications, adjustments, etc.
an average of 4 calendar days.
return /% of TPT tax returns processed within 4
calendar days
TPT Deposits
Payments processed and deposited
Average # of days to deposit TPT money
Monthly
within 24 hours of receipt
Distribution or Allocation errors
Notify affected cities of distribution or
As needed
allocation error within 5 business days
of identification
Month End City Journals
To complete the month -end
1. Number of calendar days to issue the City
Monthly
reconciliation process and issue the
Payment Journal. 2. Percent of months in
City Payment Journals by the 15th of
which report was issued prior to the 15th
the next calendar (accounting) month.
calendar day of the month.
Customer Service
Cities Unit - Request for Research To provide feedback to city requests 1. Average # of days to provide feedback to Monthly
for research by establishing contact city requests for research. 2. # of days for
with Cities Unit employee within 10 resolution of city request.
days.
@BCL @2012eegular Council Meeting 10/20/2015
Appendix A
Performance Category Goal /Objective Performance Measurement Repo
Freque
Cities Unit - Request for Research - License
To respond to city requests for license
Average # of days to respond to a city request
Monthly
Compliance
information within 5 days of request
for license information
TIA - Incoming Calls from Businesses
To respond to business taxpayer calls
Average # of minutes to respond to a business
Monthly
AZTaxes online and available
within 15 minutes.
taxpayer call
Monthly
AZTaxes
Electronic return filings
To increase the percentage of TPT
% of TPT taxpayers who file electronically
Monthly
the following items:
taxpayers who file electronically to
by the UAC meeting in September, 2015. 2.
40%
of bi- monthly UAC meetings in which report
AZTaxes online and available
To ensure that AZTaxes.gov is available
% of time AZTaxes.gov is available
Monthly
a. Planned Audits
for taxpayers use 24/7
Audit
Comprehensive Audit Report(s) that includes
To produce a comprehensive audit
1. Comprehensive TPT Audit Report designed
Bi- monthly
the following items:
report bi- monthly to disseminate at
by the UAC meeting in September, 2015. 2.
the bi- monthly UAC meeting or email
of bi- monthly UAC meetings in which report
to non -UAC member cities.
was ready for discussion.
a. Planned Audits
b. Request for Audits
c. Audits in Progress for All Cities
d. Completed Audits for All
Cities /towns
e. VDAs
f. Managed Audits
g. Audit Penalty Waivers
h. Refund Requests
i. Protests
j. Settlements /Closing Agreements
In State Audits (Field & Desk Review)
Average # of months to complete an In State
Monthly
audit/ % of In State audits completed within 7
months of opening the audit
@BCL @2012eegular Council Meeting 10/20/2015
Appendix A
Performance Category Goal /Objective Performance Measurement Report
Frequen(
Out of State Audits
Average # of months to complete an Out of
State Audit /% of Out of State Audits completed
within 18 months of opening the audit
Monthly
License Compliance /Enforcement
Report to be designed by September 2015 UAC
Monthly
meeting based upon License Compliance
database. Consideration being given to sharing
of data between DOR and cities and towns with
licensing programs.
Audit Assessments
To process an audit conducted by
Average # of days to process an audit
Monthly
city /town within 10 business days of
conducted by city /town once a complete and
receiving a complete and accurate file
accurate file was received
Collections
DOR Comprehensive Collections Report that To provide Collections information 1. # of reports issued weekly 2. % of weeks Weekly
includes the following information: pertaining to TPT accounts by the end report was issued
of the following week.
a. Payment Plans Identifies accounts on payment plans
b. Liens Identifies accounts with filed liens
c. Levies Identifies accounts that have been
d. Judgments Identifies accounts that have
judgments filed
e. Bankruptcies Identifies accounts in bankruptcy
status
Liquor Tag To provide Collections information 1. # of reports issued weekly 2. % of weeks Weekly
pertaining to TPT accounts with a report was issued
Liquor Tax by the end of the following
week.
Accounts Receivable - Aging Report Summary report of TPT activity Monthly
@BCL @2012eegular Council Meeting 10/20/2015
Appendix A
Performance Category Goal /Objective Performance Measurement Repo
Freque
REPORTS FROM DOR
New License Report (modification of existing
To issue report each week by noon on
1. # of reports issued by noon on Tuesday of
leach
Weekly
report)
Tuesday via FTP to city /town
week 2. % of weeks in which reports
Select SLUG members
To select the members of SLUG
were issued by noon on Tuesday
License Update Report (new report)
To issue report each week by noon on
1. # of reports issued by noon on Tuesday of
Weekly
Tuesday via FTP to city /town
each week 2. % of weeks in which reports
were issued by noon on Tuesday
City /town Payment Journal Detail (CPJ)
To issue report each week by noon on
1. # of reports issued by noon on Tuesday of
Weekly
(modification of existing report)
Tuesday via FTP to city /town
each week 2. % of weeks in which reports
were issued by noon on Tuesday
City /town Payment Journal Summary
To issue report each week by noon on
1. # of reports issued by noon on Tuesday of
Weekly
(modification of existing report)
Tuesday via FTP to city /town
each week 2. % of weeks in which reports
were issued by noon on Tuesday
No money report (new report, data currently
To issue report within 15 calendar
1. # of reports issued by the 15th calendar day
Monthly
shown on CPJ) also includes delinquency
days after the close of the preceding
of the following month 2. % of months in
information
month via FTP to city /town
which report was issued prior to the 15th
calendar day of the month
Fund Distribution Report with 100% accuracy
To issue report each week by noon on
1. # of reports issued by noon on Tuesday of
Weekly
Tuesday via FTP to city /town
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Fund Distribution Summary Report (new
To issue report each week by noon on
1. # of reports issued by noon on Tuesday of
Weekly
report)
Tuesday via FTP to city /town
each week 2. % of weeks in which reports
were issued by noon on Tuesday
Deduction Report (new report)
To issue report each week by noon on
1. # of reports issued by noon on Tuesday of
Weekly
Tuesday via FTP to city /town
each week 2. % of weeks in which reports
were issued by noon on Tuesday
SLUG Reporting
Create system for cities to appeal to SLUG
To create a process for town /city to
The process is documented by January 1, 2016
appeal to SLUG
Select SLUG members
To select the members of SLUG
Members selected and documented by January
committee by January 1, 2016
1 1 1 2016
@BCL @2012eegular Council Meeting 10/20/2015
MARANA
115 5 5 W. CI C CENTER DRI NIA NA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
From: Laine Sklar, Town Magistrate
Date: October 20, 2015
Strategic Plan Focus Area:
Not Applicable
Item C4
Subject: Resolution No. 2015 -113 Relating to Municipal Court; ratifying the appointment of
Michael Aaron, Thomas Benavidez, Bobbi Berry, Kate Dawes, Harvey Jurkowitz and
Alfred McDonald as temporary magistrates pro tempore for the Marana Municipal Court
(Laine Sklar)
Discussion:
The Marana Town Code provides that the Town Council may appoint special magistrates or
acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular
case or acting as the Town Magistrate in the Town Magistrate's absence. Additionally, Section
1 -305 of the Arizona Code of Judicial Conduct requires that judges responsible for appointing or
recommending appointment of judicial officers adopt procedures for making those appointments.
Laine Sklar, Town Magistrate, has adopted such procedures and those procedures provide that if
the need arises, the Town Magistrate may appoint temporary part -time magistrates pro tempore to
serve on an as- needed basis until such time as a formal recruitment can be completed. The
procedures also provide that temporary appointments shall be ratified by the Town Council at the
Council's next regularly scheduled meeting.
The Town Magistrate has identified Michael Aaron, Thomas Benavidez, Bobbi Berry, Kate
Dawes, Harvey Jurkowitz and Alfred McDonald as qualified to serve as temporary magistrates
pro tempore, and on October 12, 2015, the Town Magistrate appointed those individuals as
temporary magistrates pro tempore. Their qualifications are as follows:
Michael Aaron was admitted to practice law in Montana in 1988 and in Arizona in 1991. He has
worked as a prosecutor and practiced criminal defense, as well as family law. Mr. Aaron is
currently appointed as a judge pro tempore in Pima County Superior Court.
Thomas Benavidez was admitted to practice law in Arizona 1996. Mr. Benavidez has practiced
Marana Regular Council Meeting 10/20/2015 Page 41 of 82
in the areas of criminal prosecution and defense throughout his career. Additionally, he has
served as a judge pro tempore in Pima County Consolidated Justice Court for 12 years. Mr.
Benavidez also served as a judge pro tempore in Marana Municipal Court in the past.
Bobbi Berry was admitted to practice law in 1991. She worked as prosecutor in the Pima County
Attorney's Office from 1991 to 1999 and has practiced criminal defense since 1999.
Kate Dawes was admitted to practice law in Illinois in 1976 and in Arizona in 1982. She served
as a Magistrate in Tucson City Court for 12 years. Prior to that, she practiced as a prosecutor.
Ms. Dawes is currently a judge pro tempore in the Town of Oro Valley and the Town of
S ahuarita.
Harvey Jurkowitz was admitted to practice law in Arizona in 1968. He served as a judge pro
tempore in Pima County Superior Court from 2005 -2013, in Tucson City Court from 1997 -2000,
in Oro Valley Municipal Court from 2006 -2008, and in Pima County Consolidated Justice Court
from 1983 -1987.
Alfred McDonald was admitted to practice law in Arizona in 1995. He has practiced as a
criminal defense attorney for 20 years.
Therefore, consistent with the adopted policy, the Town Magistrate now brings forth these
appointments for ratification by the Town Council.
Staff Recommendation:
Staff recommends the Town Council ratify the appointments made by the Town Magistrate.
Suggested Motion:
I move to adopt Resolution 2015 -113, ratifying the appointments of Michael Aaron, Thomas
Benavidez, Bobbi Berry, Kate Dawes, Harvey Jurkowitz and Alfred McDonald as temporary
part -time magistrates pro tempore in Marana Municipal Court.
Attachments: Resolution No. 2015 -113
Marana Regular Council Meeting 10/20/2015 Page 42 of 82
MARANA RESOLUTION NO. 2015-113
RELATING TO MUNICIPAL COURT; RATIFYING THE APPOINTMENT OF MICHAEL
AARON, THOMAS BENAVIDEZ, BOBBI BERRY, KATE DAWES, HARVEY
JURKOWITZ, AND ALFRED MCDONALD AS TEMPORARY MAGISTRATES PRO
TEMPORE FOR THE MARANA MUNICIPAL COURT
WHEREAS Section 5 -2 -1 of the Marana Town Code provides that the Town Council
may appoint special magistrates or acting magistrates, also known as magistrates pro tempore,
for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Mag-
istrate's absence; and
WHEREAS consistent with Section 1 -305 of the Arizona Code of Judicial Conduct the
Town Magistrate, the Honorable Laine Sklar, has adopted procedures for appointment of part -
time and temporary magistrates pro tempore of the Marana Municipal Court; and
WHEREAS those procedures allow for the temporary appointment part -time magistrates
pro tempore by the Town Magistrate, if the need arises, to serve on an as- needed basis until such
time as a formal recruitment can be completed; and
WHEREAS those procedures provide that temporary appointments shall be ratified by
the Town Council at the Council's next regularly scheduled meeting; and
WHEREAS the Town Magistrate has identified Michael Aaron, Thomas Benavidez,
Bobbi Berry, Kate Dawes, Harvey Jurkowitz, and Alfred McDonald as qualified to serve as tem-
porary magistrates pro tempore; and
WHEREAS on October 12, 2015, the Town Magistrate appointed Michael Aaron, Thom-
as Benavidez, Bobbi Berry, Kate Dawes, Harvey Jurkowitz, and Alfred McDonald as temporary
magistrates pro tempore; and
WHEREAS the Town Council Ends that these individuals meet the qualifications im-
posed by Arizona law and possess the requisite skill and character to perform as magistrates pro
tempore; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby ratifies the appointments of Michael Aaron,
Thomas Benavidez, Bobbi Berry, Kate Dawes, Harvey Jurkowitz, and Alfred McDonald to serve
as temporary magistrates pro tempore on an as- needed basis until such time as a formal recruit-
ment can be completed.
Marana Resolution No. 2015 -113 - 1 - 10/12/15 3:36 PM
Marana Regular Council Meeting 10/20/2015 Page 43 of 82
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20 day of October, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2015 -113 -2- 10/12/15 3:36 PM
Marana Regular Council Meeting 10/20/2015 Page 44 of 82
MARANA
115 5 5 W. CI C CENTER DRI NIA NA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
Submitted For: Gilbert Davidson, Town Manager
From: Jocelyn C. Bronson, Town Clerk
Date: October 20, 2015
Strategic Plan Focus Area:
Community
Item C5
Strategic Plan Focus Area Additional Info:
Principle Statement 2, Initiative 10. Engage and support veteran /military groups to be a part of
community activities, including the veterans cemetery associations.
Subject: Resolution No. 2015 -114: Relating to Regional Community
Development; support for Veterans and all military personnel by
recognizing the efforts of the Southern Arizona Fisher House project
(Gilbert Davidson)
Discussion:
The Town of Marana and surrounding community has long recognized the service, valor and
sacrifices made on behalf of our country by the men and women serving in the various branches
of the United States military through proclamations, resolutions, memorials and most recently, the
construction of a Veterans' cemetery in north Marana. It is therefore appropriate to acknowledge
the construction of the Fisher House being built on the grounds of the Southern Arizona VA
Health Care System in Tucson.
The idea for Fisher House came about in the 1970's when Pauline Trost, whose husband
eventually became the Chief of Naval Operations in 1986, witnessed first -hand families
disembarking from airplanes to visit their injured relatives. She wondered where they were
staying. That set in motion the idea to provide affordable, temporary housing for the families.
Eventually Mrs. Trost teamed up with Zachary Fisher, a wealthy businessman who had a similar
desire to help families of wounded Veterans, and together they created the first Fisher House
which opened in 1991 in the Washington, D.C. area. Since then more than 63 Fisher Houses have
Marana Regular Council Meeting 10/20/2015 Page 45 of 82
been built in the United States and Europe.
In 2011, the Secretary of Veterans Affairs approved the Southern Arizona VA Health Care
System location in Tucson as the future site for an Arizona Fisher House. When completed at the
end of 2015, the Arizona Fisher House will provide 12 to 16 suites for Veterans' family members
who live more than 50 miles away whose hospitalized loved ones are receiving services through
the Veterans' rehabilitation program.
The Arizona Fisher House Foundation is charged with raising $3 million from corporate and
private donors to be matched by the National Fisher House Foundation to complete construction.
Should members of the community wish to donate to this fund, the Fisher House website can
provide additional details.
Staff Recommendation:
Staff recommends approval of this resolution.
Suggested Motion:
I move to approve Resolution No. 2015 -114, supporting Veterans and all military personnel by
recognizing the efforts of the Southern Arizona Fisher House Project.
Attachments: Resolution No. 2015 -114
Marana Regular Council Meeting 10/20/2015 Page 46 of 82
MARANA RESOLUTION NO. 2015-114
RELATING TO REGIONAL COMMUNITY DEVELOPMENT; SUPPORT FOR VETERANS
AND ALL MILITARY PERSONNEL BY RECOGNIZING THE EFFORTS OF THE
SOUTHERN ARIZONA FISHER HOUSE PROJECT.
WHEREAS the first Fisher House was opened in 1991 in the Washington D.C. area; and
WHEREAS there are currently 63 Fisher Houses through the United States, Germany and
England; and
WHEREAS since its inception, Fisher House has saved military and veterans' families an
estimated $200 million in out -of- pocket costs for lodging and transportation; and
WHEREAS on July 11, 2011, the Secretary of Veterans Affairs approved the Southern Arizona
VA Health Care System (SAVAHCS) location in Tucson as the future host site for an Arizona
Fisher House; and
WHEREAS SAVAHCS offers hospital and palliative care, skilled nursing, geriatric care,
physical medicine and advanced rehabilitation in its 90 -bed facility; and
WHEREAS the Arizona Fisher House will provide 12 -16 suites for Veteran family members
living greater than 50 miles away whose hospitalized loved ones are receiving services through
the Veterans' rehabilitation program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA AS FOLLOWS:
SECTION 1. The Town of Marana Mayor and Council hereby recognizes and supports
the mission and long -term viability of the Fisher House project on the campus of the Southern
Arizona VA Health Care System.
SECTION 2. The Town Manager and designated employees are authorized and directed
to perform all acts necessary or desirable to give effect to this resolution.
Marana Resolution No. 2015 -114
Marana Regular Council Meeting 10/20/2015 Page 47 of 82
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20 day of October, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -114
Marana Regular Council Meeting 10/20/2015
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 48 of 82
MARANA
115 5 5 W. CI C CENTER DRI NIARANA. ARIZ ONA 8 5 6 5 3
Item C6
To: Mayor and Council
From: Lisa Shafer, Community Development Director
Date: October 20, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -115: Relating to Community Development; approving and
authorizing the Mayor to execute an intergovernmental agreement between Pima County
and the Town of Marana for the management and implementation of the 201 5 -2016
Community Development Block Grant Program (Lisa Shafer)
Discussion:
The Community Development Block Grant (CDBG) program, established by Congress in 1974,
provides communities with resources to address a wide range of unique community development
needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the
CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local
government and states. HUD awards grants to entitlement community grantees to carry out a wide
range of community development activities directed toward revitalizing neighborhoods, economic
development, and providing improved community facilities and services.
Entitlement communities develop their own programs and funding priorities. However, grantees
must give maximum feasible priority to activities which benefit low- and moderate - income
persons. A grantee may also carry out activities which aid in the prevention or elimination of
slums or blight. Additionally, grantees may fund activities when the grantee certifies that the
activities meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community where
other financial resources are not available to meet such needs. CDBG funds may not be used for
activities which do not meet these broad national objectives.
Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other
metropolitan cities with populations of at least 50,000; and qualified urban counties with
populations of at least 200,000 (excluding the population of entitled cities). HUD determines the
amount of each entitlement grant by a statutory dual formula which uses several obj ective
Marana Regular Council Meeting 10/20/2015 Page 49 of 82
measures of community needs, including the extent of poverty, population, housing
overcrowding, age of housing and population growth lag in relationship to other metropolitan
areas. Because the Town does not meet the entitled communities criteria, any CDBG funding
received by the Town must be allocated by Pima County. These funds are subject to both the
federal CDBG guidelines and the HUD - approved plan developed by Pima County. The Town is
able to apply for use of a portion of Pima County's CDBG funding through an annual proposal
process.
Earlier this year the Town applied for funding in three specific programs (Colonia Neighborhood
Cleanup, Emergency Home Repair and Owner Occupied Housing Rehabilitation) and for funding
to cover the cost of administering programs that address the needs of low -to moderate - income
families. Pima County awarded the Town of Marana $76,700 from the 2015 -2016 Community
Development Block Grant Program. The grant provided funding for Administration ($11,700),
Colonia Clean -up ($10,000), Emergency Home Repair ($25,000) and Owner Occupied Housing
Rehabilitation ($30,000). This is a slight decrease in funding from the 2014 -2015 award of
$80,000. This award term is from October 1, 2015 to September 30, 2016.
Financial Impact:
Fiscal Year: 2016
Budgeted Y /N: Yes
Amount: $76
This funding does not require any match or leveraged funding. All services will be provided with
direct cost reimbursement.
Staff Recommendation:
Staff recommends approval of the intergovernmental agreement with Pima County for the
management and implementation of the 2015 -2016 Community Development Block Grant
Program.
Suggested Motion:
I move to adopt Resolution No. 2015 -115, approving and authorizing the Mayor to execute an
intergovernmental agreement between Pima County and the Town of Marana for the management
and implementation of the 2015 -2016 Community Development Block Grant Program.
Attachments: Resolution No. 2015 -115
CDBG TGA
Marana Regular Council Meeting 10/20/2015 Page 50 of 82
MARANA RESOLUTION NO. 2015-115
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA
COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND
IMPLEMENTATION OF THE 2015 -2016 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS the Town of Marana recognizes the need to provide safe affordable housing
and neighborhood infrastructure for its citizens and has applied for Community Development
Block Grant (CDBG) funding for these purposes; and
WHEREAS Pima County has been awarded funding from the U.S. Department for Hous-
ing and Urban Development under the CDBG program for the 2015 -2016 federal fiscal year; and
WHEREAS the Town of Marana has been selected as a sub - grantee through Pima Coun-
ty's proposal process; and
WHEREAS the parties may contract for services and enter into agreements with one an-
other for joint or cooperative action pursuant to A.R. S. § 11 -952, et seq. ; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby
approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the
Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and ob-
jectives of the intergovernmental agreement.
00043575.DOCX /1
Marana Resolution No. 2015 -115 10/13/2015 2:01 PM FJC
Marana Regular Council Meeting 10/20/2015 Page 51 of 82
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20th day of October, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
00043575.DOCX /1
Marana Resolution No. 2015 -115
Marana Regular Council Meeting 10/20/2015
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
10/13/2015 2:01 PM FJC
Page 52 of 82
PIMA COUNTY COMMUNITY DEVELOPMENT AND
NEIGxHZ3ORHOOD CONSERVATION DI�PARrrMENT
Program /Project Name: Management and Implementation of the Community Development 1:31oc;k.
Grant (CDB(_'T) Program.
Subreclpxent: `.1 ~own of M.arana
DI.7NS No.: 0980341.43
Project Description: Funds will be used Icor the management of the CDBG Program including:
Administration, Colonia- Neighborhood Cleanup Program, I_� r7icrgency
.I-1ome Repair, and owner Occupied 1-40Lrsrr7g 1�ehabilitation.
Contract Tern: October 1, 2015 th September 30, 2016.
Amount: $76,700.00
Funding: U.S. Department of Housing and Urban Development
Federal Contract No. B-15- UC✓ -04 -0502
Award Date: July 1, 201- 5
C' DA Progr Desc _
Community Development Block
14.21.5 Grant /1 ntitlement Communities
(CD13G')
T._Nati Fundin Pima County Award
FYI 5 est. ,
$2,0951 00,000.00
`2,592,44�.0�1
Is this a Research and Development Contract:
[ , Yes 0 No
J'h-is Intergovernmental .Agreement is entere int by an between Pima County, a body politic and
corporate of the State of Arizona ("County") an `Down of Marana, a muni cipal corporation of the State of
Arizona ( "Subrecipient ").
I2 E C.ITAI,S
A. County and Sub reci p ien t may contract for services and enter into agreements with one another for
j oint or cooperative action pursuant to A. R. S. § 11 - 951, el yeq.
B. Subreci p ien t is authorized by A.R.S. § 9-500.11. to expend public monies for and n. connecti oil with
economic development activities.
County is authorized by A.R.S. § 5 1 1 - 254.04, 11 -251 (5) and 11 -251 (1.7), to spend public ni oni.es to
improve and en the economic welf -are and health of the inhabitants of the County.
D. County applied for and received Community Development Block Grant ("C1_)BG") 11xnds in the
amount of $2,592,446.00 fron the I_)'.5. Department of Housing and Urban Development
under ]"Itl e I of the Housing and Community Development .Act of 1974, as amended (Pubfi.c Law 93
353)
,> Mgran- a,Regular Council Meeting 10/20/2015 Page 53 of 82
E. Under solicitation number CDNC- 12- 09- 14 -ESG -CDBG ( "the Community Planning Application 15-
16 "), County sought proposals for programs and activities that would qualify for CDBG funding
during Federal Fiscal Year 2015 -2016.
F. Subrecipient submitted responses to the Community Planning Applications defined above.
G. County has determined that the services or activities proposed in Subrecipient's response to the
Community Planning Applications are eligible for CDBG funding and in the best interests of the
residents of Pima County.
H. On May 5, 2015 the Pinta County Board of Supervisors authorized inclusion of Subrecipient's proposal
for use of CDBG funds for in the 2015 -2016 Annual Action Plan that County submitted to HUD.
1. On May 5, 2015, the Pima County Board of Supervisors passed Resolution No. 2015 -20 approving an
allocation of CDBG funds to Subrecipient.
J. CDBG funds in the amount of $76,700.00 have been allocated to Subrecipient for management of the
Community Development Block Grant Program.
NOW THEREFORE, COUNTY and AwARDEE, pursuant to the above, and in consideration of the
matters and things hereinafter set forth, do mutually agree as follows:
1.0 TERM AND EXTENSIONS
1.1 This Agreement, as awarded by County, will commence on October 1, 2015 and will terminate on
September 30, 2016 unless sooner terminated or further extended pursuant to the provisions of this
Agreement. County will have the option to renew this Agreement for up to one (1) 12-month period
or any portion thereof.
1.2 Except as set forth in Paragraph 1.4 below, any modification or extension of the contract termination
date must be by formal written amendment executed by the parties hereto.
1.3 Any amendments to the Agreement must be approved by the County before any services under the
amendment commences.
1.4 Minor modifications may be made by written memorandum approved and signed by the Director of
the Pima County Community Development and Neighborhood Conservation Department or
designee. Minor modifications are changes in the scope or budget, which do not change the
specified purpose, outcomes or the total compensation provided through this Agreement and do not
in any way increase the direct or indirect liability of the County under this Agreement.
1.5 Notwithstanding paragraph 1.1 above, the terms of this Agreement will survive and remain in effect
during any period that Subrecipient has control over CDBG funds, including program income.
2.0 SCOPE OF SERVICES
2.1 Subrecipient will:
2. 1.1 Provide the County with the services described in the attached Exhibit A.
2.1.2 Employ suitably trained and skilled personnel to perform all services under this Agreement.
2.1.3 Perform its duties in a humane and respectful manner and in accordance with any applicable
professional standards. Subrecipient must obtain and maintain all applicable licenses,
per mi ts and authority required for its performance under this Agreement.
2.1.4 Unless otherwise provided for herein, the personnel delivering Agreement services will:
2.1.4.1 Be employees or volunteers of the Subrecipient;
1050 arr,�3IFPJ / COffc" Meeting 10/20/2015 A gency R '�a .�jayp_I gf
2.1.4.2 Satisfy any qualifications set forth in this Agreement; and
2.1.4.3 Be covered by personnel policies and practices of Subrecipient.
2.1.5 Obtain and maintain all required licenses, permits and authority required for performance
under this Agreement.
2.1.6 Maintain an accounting manual that describes its financial procedures in sufficient detail to
ensure that its financial practices are easily understood.
2.1.7 warrant compliance with the Urban County Intergovernmental Cooperative Agreement
between Pima County and the Town of Marana for the Community Development Block Grant
Program and HOME Investment Partnership Program, contract CTNN- 13 * 3 09.
2.1. S Undertake the same obligations to the County, as the County does to HUD pursuant to the
2015 - 2016 Annual Action Plan and assurances. Subrecipient will hold County harmless
against any injury that County may suffer with respect to HUD on account of any failure on
the part of Subrecipient to fulfill obligations to HUD.
2.2 Confidentiality Subrecipient:
2.2.1 Understands that client and applicant files and information collected pursuant to the terms of
this Agreement are private and the use or disclosure of such information, when not directly
connected with the administration of County's or Subrecipient's responsibilities with respect
to services provided under this Agreement is prohibited, unless written consent is obtained
from the individual or, in the case of a minor, from the responsible parent or guardian.
2.2.2 will provide access to these files only to persons properly authorized.
2.2.3 Will observe and abide by all applicable State and Federal statutes and regulations regarding
use or disclosure of information including, but not limited to, information concerning
applicants for and recipients of contract services.
2.3 Subrecipient certifies that no individual or agent has been employed or retained to solicit or secure
this Agreement for commission, percentage, brokerage or contingent fee except a bona fide
employee whose job duties include securing business.
2.4 No program funded under this Agreement may impair existing contracts for services or collective
bargaining agreements or be inconsistent with the terms of a collective bargaining agreement without
the written concurrence of the labor organization and employer concerned.
3.0 MONITORING AND EVALUATION
3.1 County will monitor all activities and information sources in the management, fiscal, and services
systems of Subrecipient and any subcontracted parties relating to performance of duties and
obligations under this Agreement to ensure that Subrecipient is:
3. 1.1 Making adequate and acceptable progress in the provision of services;
3.1.2 Maintaining adequate and acceptable systems to document services and expenditures;
and
3.1.3 Using the funds provided pursuant to this Agreement effectively and efficiently to
accomplish the purposes for which funds were made available.
3.2 For monitoring and evaluation, Subrecipient must provide source documentation for payroll which
may include, but is not limited to:
3.2.1 Employment letters;
3.2.2 Authorization for rates of pay, benefits, and withholding;
50 MAV ?)1 rP9)Tc" Meeting 10/20/2015 Agency reimbursed
3.2.3 Minutes from Board of Directors' meetings establishing salary schedules and benefit
packages;
3.2.4 Copies of written policies;
3.2.5 W -4 forms and associated time and attendance records;
3.2.6 Employee certifications of time spent:
3.2.5.1 If an employee of Subrecipient works solely on the services being funded by
CDBG, the employee and the employee's supervisor must sign a statement every
six months certifying that the employee worked only on the CDBG- funded
services.
3.2.6.2 If an employee's time is split between the services being funded by CDBG and
non -CDBG services and funding sources, Subrecipient must have time distribution
records supporting the allocation of charges among the various funding sources.
3.3 Subrecipient must cooperate in the monitoring and evaluation process by County and /or HUD.
3.4 Subrecipient must assist County in providing reports and documentation related to Subrecipient's
performance and, where applicable, the impact of the CDBG- funded activities on the community, to
HUD.
3.5 If monitoring and evaluation finds that Subrecipient's performance is substandard, Subrecipient will
be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the
default within fifteen (15) calendar days from date of notice, this Agreement may be suspended or
terminated.
3.6 To the greatest extent permissible by law, County, and any authorized federal, state or local agency,
including, but not limited to, the U.S. Department of Housing and Urban Development, and the
Comptroller of the United States will at all reasonable times have the right of access to Subrecipient's
facility, boobs, documents, papers, or other records which are pertinent to this Agreement, in order to
make audits, examinations, excerpts and transcripts for the purpose of evaluating Subrecipient's
performance and Subrecipient's compliance with this Agreement.
4.0 COMPENSATION AND PAYMENT
4.1 In consideration for services specified in Exhibit A of this Agreement, County agrees to pay
Subrecipient up to $75,700.00 ( "the Maximum Allocated Amount").
4.2 Payment will be made from the CDBG Grant County has received from the U.S. Department of
Housing and Urban Development ("the awarding agency ").
4.3 Payment of the full Maximum Allocated Amount is subject to the CDBG funds being made
available to County for this Agreement. The Maximum Allocated Amount may be decreased at any
time due to reduction, termination, or any other changes in funding. Unless specifically authorized
by County, unexpended funds will not be carried over into another fiscal year.
4.4 Pursuant to the agreement between HUD and County (Pima County Contract No. B- 15- UC - 04-
05 and the Pima County Board of Supervisor's approval of this allocation of CDBG funds to
Subrecipient on May 5, 2015, Subrecipient may be reimbursed for eligible costs associated with
activities under this Agreement from and after October 1, 2015. Notwithstanding the
limitations above, Subrecipient may be reimbursed for administrative costs incurred for
performance under this Agreement between July 1, 2015 and June 30, 20160
1. 0 . ��1��'Y F q ycil Meeting 10/20/2015 A ' � �:ibt . f- 5 6
4.5
WIN
Subrecipient must submit monthly request for reimbursement as follows:
month �� enise Tr�cuxred 'Dui
date fl R� "u+�st for
January through April &July through December
30 calendar days from end of month
- May
June 15
June
July 7
Requests for reimbursement must:
4.6.1 Reference this contract number.
4.6.2 Be approved and signed by an authorized representative of the Subrecipient.
4.6.3 Be for services and costs as identified in Exhibit A.
4.6.4 Be accompanied by documentation which must include, but is not limited to:
4.6.4.1 A summary report of monthly expenditures by expense categories as shown in
approved budget in Exhibit A of this Agreement.
4.6.4.2 Copies of invoices and checks (front and back) to support all purchases of goods or
services.
4.6.4.3 If reimbursement is authorized for travel, detailed travel reports to support all travel
expenses.
4.6.4.4 If reimbursement is authorized for personnel costs, time sheets or other records that
specify the hours worked on the grant(s) and the total hours worked in the pay
period. Time sheets must show the days and hours worked and should be signed by
the employee and authorizing supervisor.
4.6.4.5 Fringe benefit calculations at the rate as shown in the approved budget in Exhibit A.
4.6.4.6 Any other documentation requested by County.
4.6.5 Be accompanied by the Financial Status Report and Request for Funds attached hereto as
Exhibit B.
4.7 If Subrecipient is required to provide snatching funds under the terms of the awarding agency,
Subrecipient must also provide the documentation described in Paragraph 4.6 for the matching
funds.
4.8 Subrecipient must utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available. Subrecipient may not bill the County for costs which are paid
by another source. Subrecipient must notify County within ten (1 days of receipt of alternative
funding for costs which would otherwise be subject to payment pursuant to this Agreement.
4.9 If each request for payment includes adequate and accurate documentation, County will generally
pay Subrecipient within thirty (30) days from the date invoice is received. Subrecipient should
budget cash needs accordingly.
4.10 County may, at its sole discretion:
4.10.1 Determine the acceptability and progress of work performed and determine the resulting
entitlement to payment of each request for reimbursement.
4.10.2 Liquidate funds available under this Agreement for costs incurred by County on behalf of
Subrecipient.
050 ?I�0 J FY�r �4��' Meeting 10/20/2015 Agency reign urse P��,, 0 f 6
4.10.3 Deny full payment for requests for reimbursement that are submitted to County after the
date set forth in Paragraph 3.4. County may deduct its processing costs or delay- related
damages in connection with a request for payment submitted after that date.
4.10.4 Deny payment for any request for reimbursement received after the following dates:
With x x se ncurre a e e ues or elm ursemen is su pmitt
January through March More than 60 days after the end of the month in
July and August which the expense was incurred
October through December
April and May June 21
June July 15
September October 31
If payment is made on such a delinquent request, County will deduct its processing costs
or delay - related damages.
4.11 Pursuant to A.R.S. § 11 -622, COUNTY will deny reimbursement completely for requests for
payment made later than six months after the last item of the account accrues.
4.12 REQUEST FOR FINAL PAYMENT for compensation earned and/or eligible costs incurred will be
submitted to the County within 15 working days after the end of the contract term. The request
must meet the requirements set forth in Paragraph 3.4 and include a report summarizing
Subrecipient's performance during the term of the Agreement.
4.13 No payments will be made to Subrecipient, until all of the following conditions are met:
4.13.1 Subrecipient has completed and submitted a w -9 Taxpayer Identification Number form;
4.13.2 Subrecipient has registered as a Pima County vendor at the following web address --
htt s: / /secure. p ima. g ov l rocurement /vranz /10 in.as x);
4.13.3 This Agreement is fully executed; and
4.13.4 Adequate and accurate documentation is provided with each request for payment or invoice.
4.14 Subrecipient will report to County:
4.14.1 Accrued expenditures;
4.14.2 Program income, as defined by the awarding agency; and
4.14.3 All other fiscal resources applied to expenses incurred in providing services under this
Agreement.
4.15 Changes between budget line items may only be made as follows:
4.15.1 Changes of LESS than 10% of the total budget amount may be granted by and at the sole
discretion of the Director of Community Development and Neighborhood Conservation or
designee. Subrecipient must submit a written request and show that any proposed increase is
offset by a decrease of equal value to the remaining line items. No increase to the total
operating budget will be allowed. The change will not be effective, nor will compensation
under the change be provided, until the date set forth in the written approval of the
Director or designee.
4.15.2 Changes of MORE than 10% of the total budget will require a contract amendment. The
change will not be effective, nor will compensation under the change be provided, until
the contract amendment is fully executed by both parties.
0 z r � i� �ouncil Meeting 10/20/2015 °n; � °c "i .. - se ....P e 5 �f : s
4.16 Disallowed Charges or Cost principles will be as follows:
4.16.1 The cost principle set forth in the Code of Federal Regulations (CFR), Title 48, Chapter 1, Part
31.201 -6(e), (October 1, 1991), as modified by amendments and additions, on file with the
Secretary of State and incorporated herein by reference, will be used to determine if incurred
costs are allowed for the purpose of reimbursing such costs under Contract provisions which
provide for the reimbursements of costs. Those costs which are specifically defined as
unallowable may not be submitted for reimbursement by Awardee and will not be reimbursed.
4.16.2 Subrecipient must reimburse County for improper, unallowable or unsubstantiated costs
discovered as a result of audit or otherwise within thirty (30) days following demand for
reimbursement by County.
4.17 For the period of record retention required under Section 20.0 -- Books and Records County reserves
the right to question any payment made under this Section 20.0 and to require reimbursement by
setoff or otherwise for payments determined to be improper or contrary to the Agreement or law.
5.0 PROGRAM INCOME
5.1 County does not anticipate that Subrecipient will generate program income, as defined by the
awarding agency, will be generated under the activities of this Agreement.
5.2 In the event that activities under this Agreement do generate program income or program income is
authorized, Subrecipient must:
5.2.1 Report to County all program income, as defined at 24 CFR 570.500(a), generated and
received as a result of activities carried out with the CDBG - funds provided pursuant to this
Agreement. These reports are due quarterly.
5.2.2 Return program income to County within 15 days of the end of each month, unless otherwise
specified in Exhibit A.
6.0 INSURANCE
6.1. Subrecipient shall maintain commercial general liability — occurrence form, automobile liability, and
worker's compensation and employer's liability insurance, or be self insured, in amounts sufficient
to cover any claims, whether or not due to negligence, which may arise in the performance of the
activities set forth in this IGA.
6.2 Additional Insurance Requirements: The policies must contain, or be endorsed to contain, the
following provisions:
6.2.1 Pima County, wherever additional insured status is required, will be covered to the full limits
of liability purchased by Subrecipient, even if those limits of liability are in excess of those
required by this Agreement.
6.2.2 Subrecipient's insurance coverage will be primary insurance and non - contributory with
respect to all other available sources.
6.2.3 Coverage provided by the Subrecipient will not be limited to the liability assumed under the
indemnification provisions of this Agreement.
6.2.4 The Project Name /Agreement Number and project description must be noted on the
Certificate of Insurance.
6.3 Notice of Cancellation: Each insurance policy required by the insurance provisions of this
Agreement must provide the required coverage and must not be suspended, voided, canceled, or
reduced in coverage or in limits except after thirty (30) days prior written notice has been given to
Pima County. Such notice must be sent directly to the Department Director, Community
{ 082 Marana Re ular Council Meeting 10/20/2015 P�q 7 e 59, of §2
.: / 030? 744 / Q Agency reimbursed . - p ,age of 16
Development and Neighborhood Conservation, 2797 E. Ajo Way, Tucson, AZ 85713 by
certified mail, return receipt requested.
6.4 Approval and Modifications Pima County Risk Managem reserves the right to review or make
modifications to the insurance limits, required coverages, or endorsements throughout the life of this
contract, as deemed necessary. Such action will not require a formal Agreement amendment but
may be made by administrative action.
7.0 INDEMNIFICATION
7.1 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
Indemnitoe, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its
officers, agents, employees, or volunteers.
7.2 Subrecipient warrants that services provided under this Agreement are non - infringing. Subrecipient
will indemnify, defend and hold County harmless from any claim of infringement arising from
services provided under this Agreement or from the provision, license, transfer or use for their
intended purpose of any products provided under this Agreement.
8.0 COMPLIANCE WITH LAWS
8.1 Subrecipient will comply with all federal, state, and local laws, rules, regulations, standards and
Executive orders, without limitation to those designated within this Agreement. The laws and
regulations of the State of Arizona will govern the rights of the parties, the performance of this
Agreement, and any disputes hereunder. Any action relating to this Agreement must be brought in a
court of the State of Arizona in Pima County. Any changes in the governing laws, rules, and
regulations during the terms of this Agreement will apply, but do not require an amendment.
8.2 Subrecipient will comply with the requirements of 24 CFR 570, including subpart K of these
regulations, except the Subrecipient does not assume:
8.2.1 County's environmental responsibilities described in 24 CFR 570.604; and
5.2.2 County's responsibility for initiating the review process under the provisions of 24 CFR Part
52.
8.3 Subrecipient warrants that CDBG funds provided or personnel employed in the administration of the
program funded under this Agreement will not be used for:
8.3.1
Political activities;
8.3.2
Inherently religious activities;
8.3.3
Lobbying;
5.3.4
Political patronage; or
8.3.5
Nepotism activities.
8.4 Subrecipient will comply with the applicable provisions of:
8.4.1 Davis -Bacon Act (Public Law 107 -217), as amended;
8.4.2 Contract Work Hours and Safety Standards Act (40 USC 327 et seq.);
8.4.3 Copeland Anti -Kick Back Act (18 USC 874 et seq.);
8.4.4 Section 3 of the HUD Act of 1968 as amended; and
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8.4.5 All rules and regulations applicable to the Acts set forth above.
8.5 Subrecipient will fully cooperate with County, HUD and any other federal agency in the review and
determination of compliance with the above provisions.
9.0 INDEPENDENT CONTRACTOR
The status of Subrecipient will be that of an independent contractor. Neither Subrecipient nor
Subrecipient's officers, agents, or employees will be considered an employee of Pima County or be
entitled to receive any employment - related fringe benefits under the Pima County Merit System.
Subrecipient will be responsible for payment of all federal, state and local taxes associated with the
compensation received pursuant to this Agreement and will indemnify and hold County harmless from
any and all liability which County may incur because of Subrecipient's failure to pay such taxes.
Subrecipient will be solely responsible for its program development, operation, and performance.
10.0 SUBCONTRACTORS
10.1 Except as provided in paragraph 10.2, Subrecipient will not enter into any subcontracts for any
services to be performed under this Agreement without County's prior written approval of the
subcontract. Subrecipient must follow all applicable Federal, State, and County rules and
regulations for obtaining subcontractor services.
10.2 Prior written approval is not required for the purchase of supplies that are necessary and incidental
to Subrecipient's performance under this Agreement.
10.3 Subrecipient will be fully responsible for all acts and omissions of any subcontractor and of persons
directly or indirectly employed by any subcontractor and of persons for whose acts, any of them,
may be liable to the same extent that the Subrecipient is responsible for the acts and omissions of
persons directly employed by it. Nothing in this contract will create any obligation on the part of
County to pay or see to the payment of any money due any subcontractor, except as may be required
by law.
10.4 Subrecipient must include the provision set forth in paragraph 3.6 in all contracts between
Subrecipient and its subcontractors providing goods or services pursuant to this Agreement.
Subrecipient will be responsible for subcontractors' compliance with that provision and for any
disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors
with the provision.
11.0 ASSIGNMENT
Subrecipient will not assign its rights to this Agreement in whole or in part, without prior written approval
of the County. Approval may be withheld at the sole discretion of the County, provided that such
approval will not be unreasonably withheld.
12.0 NON- DISCRIMINATION
12.1 Subrecipient agrees to comply with all provisions and requirements of Arizona Executive Order
200909 including flow down of all provisions and requirements to any subcontractors.
12.2 During the performance of this contract, Subrecipient will not discriminate against any employee,
client or any other individual in any way because of that person's age, race, creed, color, religion,
sex, disability or national origin.
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13.0 AMERICANS WITH DISABILITIES ACT
Subrecipient will comply with all applicable provisions of the Americans with Disabilities Act (Public
Law 141 -336, 42 U.S.C. 12101- 1 2213) and all applicable federal regulations under the Act, including 28
CFR Parts 35 and 36. If Subrecipient is carrying out a government program or services on behalf of
County, then Subrecipient will maintain accessibility to the program to the same extent and degree that
would be required by the County under 28 CFR. Sections 35.130, 3 5.13 3, 35.149 through 35.151, 35.160,
35.161 and 35.163. Failure to do so could result in the termination of this Agreement.
14.0 AUTHORITY TO CONTRACT
Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative
agency determines that County does not have authority to enter into this Agreement, County will not be
liable to Subrecipient or any third party by reason of such determination or by reason of this Agreement.
15.0 FULL AND COMPLETE PERFORMANCE
The failure of either party to insist on one or more instances upon the full and complete performance of
any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any
action permitted as a result thereof, will not be construed as a waiver or relinquishment of the right to
insist upon full and complete performance of the same, or any other covenant or condition, either in the
past or in the future. The acceptance by either party of sums less than may be due and owing it at any
time will not be construed as an accord and satisfaction.
16.0 CANCELLATION FOR CONFLICT OF INTEREST
16.1. This Agreement is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the
pertinent provisions of which are incorporated into this Agreement by reference.
16.2 Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal
laws and regulations that govern the awarding agency including 24 CFR 54.42 and 570.611.
17.0 TERMINATION AND SUSPENSION
17.1 Termination for Convenience County reserves the right to terminate this Agreement at any time and
without cause by serving upon Subrecipient thirty (30) days advance written notice of such intent to
terminate. In the event of such termination, the County's only obligation to Subrecipient will be
payment for services rendered prior to the date of termination.
17.2 Insufficient Funds Notwithstanding Paragraph 17.1 above, if any state or federal grant monies used
to pay for performance under this Agreement are reduced or withdrawn, County will have the right
to either reduce the services to be provided and the total dollar amount payable under this
Agreement or terminate the Agreement. To the extent possible, County will endeavor to provide
fifteen (15) days written notice of such reduction or termination. In the event of a reduction in the
amount payable, County will not be liable to Subrecipient for more than the reduced amount. In the
event of a termination under this paragraph, County's only obligation to Subrecipient will be
payment for services rendered prior to the date of termination to the extent that grant funds are
available.
17.3 Termination for Cause This Agreement may be terminated at any time without advance notice and
without further obligation by the County when the Subrecipient is found by County to be in default
of any provision of this Agreement.
17.4 Non-Approp Notwithstanding any other provision in this Agreement, this Agreement may be
terminated if for any reason, there are not sufficient appropriated and available monies for the
purpose of maintaining County or other public entity obligations under this Agreement. In the event
105(0I P.TR 9'14 �0,ffi' Meeting 10/20/2015 Agency rei r-Mrse P.�� 9( ?U-3 6
of such termination, County will have no further obligation to Subrecipient, other than for services
rendered prior to termination.
17.5 Suspension County reserves the right to suspend Subrecipient's performance and payments under
this Agreement immediately upon notice delivered to Subrecipient's designated agent in order to
investigate Subrecipient's activities and compliance with this Agreement. In the event of an
investigation by County, Subrecipient will cooperate fully and provide all requested information and
documentation. At the conclusion of the investigation, or within forty -five (45) days, whichever is
sooner, Subrecipient will be notified in writing that the contract will be immediately terminated or
that performance may be resumed.
18.0 NO'T`ICE
18.1. Subrecipient must give written notice of any change of corporate or entity status as promptly as
possible and, in any event, within fifteen (15) days after the change is effective. A change in corporate
or entity status includes, but is not limited to, change from unincorporated to incorporated status and
vice versa and any suspension or termination of corporate status based on failure to comply with all
applicable federal, state, and local reporting requirements.
18.2 Any notice required or permitted to be given under this Agreement must be in writing and must be
served by delivery or by certified mail upon the other party as follows:
Coun
Subrecipient:
Margaret Dish, Director Ed Honea, Town Mayor
Pima County Community Development and Town of Marana
Neighborhood Conservation 115 5 5 W. Civic Center Drive
2797 E. Aj o way Marana, AZ. 8 5653
Tucson, AZ 85713
19.0 OTHER. DOCUMENTS
19.1 In entering into this Agreement, Subrecipient and County have relied upon information provided in
Subrecipient's proposal submitted in response to the Community Planning Applications for FY
2014 -15 and 2015-16 identified in the recitals of this Agreement including the Instructions to
Bidders, Standard Terms and Conditions, Specific Terms and Conditions, Solicitation Addenda,
Subrecipient's Proposal, other information and documents submitted by the Subrecipient in its
response to said Solicitation.
1.9.2 The parties shall comply with the terms and conditions of the Intergovernmental Cooperative
Agreement, dated July 2, 2013 (Pima County Contract No. 13 * 312).
19.3 The documents set forth in Paragraphs 19.1 and 19.2 are hereby incorporated into and made a part
of this Agreement as if set forth in full herein, to the extent not inconsistent with the provisions of
this Agreement, including all exhibits. Subrecipient will promptly bring any provisions which
Subrecipient believes are inconsistent to County's attention, and County will provide Subrecipient
with its interpretation of the provisions in question. In the event of an irreconcilable inconsistency,
the provisions of the awarding agency documents will govern over the conditions of this Agreement,
unless otherwise required by law.
20.0 BOOKS AND RECORDS
20.1. Subrecipient will beep and maintain all records specified in 24 CFR 570.506 which are pertinent to
the activities funded under this Agreement. All such records will be open for inspection and audit
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by duly authorized representatives of County during normal business hours. Records include, but
are not limited to:
20. 1.1 A full description of each action or activity taken to comply with this Agreement;
20.1.2 Demonstration that the actions and activities meet one or more of the National [objectives of
the CDBG program;
20.1.3 Eligibility documentation and determination;
20.1.4 Documentation of compliance with the fair housing and equal opportunity components of the
CDBG program.;
20.1.5 Disbursements of funds;
20.1.6 Financial records required under 24 CFR 570.502 and 24 CFR 84.21 -- 28; and
20.1.7 Documentation of compliance with Subpart K of 24 CFR Part 570.
20.2 Subrecipient must retain all records pertaining to this Agreement for four (4) years after County
submits the annual performance and evaluation report to HUD in which the CDBG- funded activities
under this Agreement are reported on for the final time or until completion of any action and
resolution of all issues which arise from any related litigation, claim., negotiations, audit or other
action involving the records that was started before the expiration of the 4 -year period, whichever is
later.
21.0 AUDIT REQUIREMENTS
21.1 Subrecipient will:
21.1.1 Comply with the applicable provisions of the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards (2 CFR Parts 200 and 2400).
21.1.2 Establish and maintain a separate, identifiable accounting of all funds provided by
County under this Agreement. The accounting must record all expenditures which are used
to support invoices and requests for payment from the County.
21.1.3 Establish and maintain accounting records which identify the source and application of any
funds not provided under this Agreement used to support these Agreement activities.
21.1.4 Ensure that all accounting records meet the requirements of the Federal, State, County, and
generally accepted accounting principles laws and regulations.
21.1.5 Upon written notice from County, provide a program - specific or financial audit. Such notice
from County will specify the period to be covered by the audit, the type of audit and the
deadline for completion and submission of the audit.
21.1.6 Assure that any audit conducted pursuant to this Agreement is performed by a qualified,
independent accounting firm and submitted to County within six (6) months of completion
of the audit required pursuant to this Section 21.0, unless a different time is specified by
County. The audit submitted must include Subrecipient responses, if any, concerning any
audit findings.
21.1.7 Pay all costs for any audit required or requested pursuant to this Section 21.0, unless the cost
is allowable for payment with the grant funds provided pursuant to this Agreement under the
appropriate federal or state grant law and the cost was specifically included in the
Subrecipient grant budget approved by County.
21.2 If Subrecipient meets or exceeds the single audit threshold set forth in 2 C.F.R. Part 200,
Subrecipient will comply with federal single audit requirements and, upon request from County,
10 � 0 �� r 3 7 6 I r Goucil Meeting 10/20/2015 Pa e 64�.of
1 1 .
A re, bursed
provide County with a copy of the required audit document within ninety (90) days following the
end of Subrecipient's fiscal year.
21.3 Subrecipient must timely submit the required or requested audit(s) to:
Denise Sauer, Contract Specialist
Pima County Community Development and Neighborhood Conservation
2797 E. Aj o way
Tucson, AZ 85713
22.0 COPYRIGHT
Neither, Subrecipient nor its officers, agents or employees will copyright any materials or products
developed through contract services provided or contract expenditures made under this Agreement without
prior written approval by the County. Upon approval, the County will have a nonexclusive and irrevocable
license to reproduce, publish or otherwise use or authorize the use of any copyrighted material.
23.0 PROPERTY OF THE COUNTY
23.1 Subrecipient is not the agent of County for any purpose and will not purchase any materials,
equipment or supplies on the credit of County.
23.2 Any materials, including reports, computer programs and other deliverables, created under this
Agreement are the sole property of County. Subrecipient is not entitled to a patent or copyright on
those materials and may not transfer the patent or copyright to anyone else. Subrecipient will not
use or release these materials without the prior written consent of County.
24.0 DISPOSAL OF PROPERTY
Termination of this Agreement will not relieve any party from liabilities or costs already incurred under
this Agreement, nor affect any ownership of property pursuant to this Agreement.
25.0 COORDINATION
On matters relating to the administration of this Agreement, County will be Subreciplent's contact with all
Federal, State and local agencies that provide funding for this Agreement.
26.0 PUBLIC INFORMATION
26.1 Pursuant to Arizona Public Records law, A.R.S. § 39 -121 et seq., documents submitted by
Subrecipient to County may be considered public records and may be subject to release to any
member of the public. Records subject to release may include, but are not limited to: pricing,
product or program specifications, work plans, and any supporting data.
26.2 In the event that County receives a public records request pursuant to A.R.S. § 39 -121 et seq. for
documents Subrecipient submitted to County, County will notify Subrecipient on the same day the
request is made or as soon as possible thereafter.
26.3 County will release Subrecipient's records ten (10) business days after the date of notice to the
Subrecipient, unless Subrecipient has secured a protective order, injunctive relief or other
appropriate order from a court of competent j urisdiction, enjoining the release of the records. For the
purposes of this paragraph, the day of the request for release will not be counted in the time
calculation.
26.4 County will not, under any circumstances, be responsible for securing a protective order or other
relief enjoining the release of records submitted to County by Subrecipient nor will County be in
any way financially responsible for any costs associated with securing such an order.
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27.0 ELIGIBILITY FOR PUBLIC BENEFITS
Subrecipient will comply with applicable provisions of A.R.S. §§1-501 and 1-502 regarding public
benefits, which are hereby incorporated as provisions of this Agreement.
28.0 LEGAL ARIZONA WORKERS ACT COMPLIANCE
28.1 Subrecipient hereby warrants that it will at all times during the term of this Agreement comply with
all federal immigration laws applicable to Subrecipient's employment of its employees, and with the
requirements of A.R.S. § 23 -214 (A) (together the "State and Federal Immigration
Laws "). Subrecipient will further ensure that each subcontractor who performs any work for
Subrecipient under this contract likewise complies with the State and Federal Immigration Laws.
25.2 County will have the right at any time to inspect the books and records of Subrecipient and any
subcontractor in order to verify such party's compliance with the State and Federal Immigration
Laws.
28.3 Any breach of Subrecipient's or any subcontractor's warranty of compliance with the State and
Federal Immigration Laws, or of any other provision of this section, will be deemed to be a material
breach of this Agreement subjecting Subreciplent to penalties up to and including suspension or
termination of this Agreement. If the breach is by a subcontractor, and the subcontract is suspended
or terminated as a result, Subrecipient will be required to take such steps as may be necessary to
either self- perform the services that would have been provided under the subcontract or retain a
replacement subcontractor, (subject to County approval if Minority and women Business E
preferences apply) as soon as possible so as not to delay project completion.
28.4 Subrecipient will advise each subcontractor of County's rights, and the Subcontractor's obligations,
under this Article (or Section ?) by including a provision in each subcontract substantially in the
following form:
"Subcontractor hereby warrants that it will at all times during the term of this contract
comply with all federal immigration laws applicable to Subcontractor's employees,
and with the requirements of A.R.S. § 23 -214 (A). Subcontractor further agrees that
County may inspect the Subcontractor's boobs and records to insure that
Subcontractor is in compliance with these requirements. Any breach of this
paragraph by Subcontractor will be deemed to be a material breach of this contract
subjecting Subcontractor to penalties up to and including suspension or termination of
this contract."
28.5 Any additional costs attributable directly or indirectly to remedial action under this Section will be
the responsibility of Subrecipient. In the event that remedial action under this Article (or Section ?)
results in delay to one or more tasks on the critical path of Subrecipient's approved construction or
critical milestones schedule, such period of delay will be deemed excusable delay for which
Subrecipient will be entitled to an extension of time, but not costs.
29.0 REMEDIES
Either party may pursue any remedies provided by law for the breach of this Agreement. No right or
remedy is intended to be exclusive of any other right or remedy and each will be cumulative and in
addition to any other right or remedy existing at law or at equity or by virtue of this Agreement.
30.0 WORKER'S COMPENSATION
Each party shall comply with the notice of A.R.S. § 23- 1022(E). For purposes of A.R.S. § 23 -1022, each
party shall be considered the primary employer of all personnel currently or hereafter employed by that
M r na RIgr Council Meeting 10/20/2015 I?�a e 66 of reirn g enc y 10 5 0 Fs 1
party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility
for the payment of worker's Compensation benefits or other fringe benefits of said employees.
31.4 NO JOINT VENTURE
It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to,
create any partnership, joint venture or employment relationship between the parties or create any
employer - employee relationship between County and any Subrecipient employees, or between
Subrecipient and any County employees. Neither party shall be liable for any debts, accounts, obligations
or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to
withhold Social Security and income taxes for itself or any of its employees.
32.4 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 effect the legal liability of either party to the Agreement by
imposing any standard of care different from the standard of care imposed by law.
33.4 SEVERABILITY
Each provision of this Agreement stands alone, and any provision of this Agreement found to be
prohibited by law will be ineffective to the extent of such prohibition without invalidating the remainder
of this Agreement.
34.4 NON - EXCLUSIVE AGREEMENT
Subrecipient understands that this Agreement is nonexclusive and is for the sole convenience of County.
County reserves the right to obtain like services from other sources for any reason.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
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35,0 ENTIRE AGREEMENT
35.1 This document constitutes the entire a between the parties pertainin to the subject matter
hereof.
35.2 No verbal a or conversations with an officer, a or emplo of Count prior to or
after the execution of this A will affect or modif an of the terms or obli contained
in an documents comprisin this A An such verbal a will be considered as
unofficial information and in no wa bindin upon Count and all prior or contemporaneous
a and understandin oral or written, are hereb superseded and mer herein.
35.3 This A ma be modified, amended, altered or extended onl b a written amendment
si b the parties.
IN WITNESS THEREOF, the parties have affixed their si to this A on the date written
below.
THIS AGREEMENT MAY BE EXECUTED IN COUNTPARTS
PIMA COUNTY
Chair, Board of Supervisors
Date:
ATTEST
SUBRECIPIENT
Si g nature
Printed name and title
Date:
Clerk of the Board
Date:
APPROVED AS TO CONTENT:
Y 01/014? 1
1_491S
Director, Ummunit Development
and Nei Conservation
The fore Inter A between Pima Count and Town of Marana has been
reviewed pursuant to A.R.S. § 11-952 b the undersi Deput Count Attorne and the Town of
Marana Attorne who have determined that it is in proper form and is within the powers and authorit
g ranted under the laws of the State of Arizona to those parties to the A represented b Pima
Count and Town of Marana.
PIMA COUNTY.
R'qSEN
FOR Karen S. Friar, Deput Count Attorne
TOWN OF MARANA:
Town Attorne
Marana Requiar Council Meetin 10/20/2015
105082 / 00308744 / 0
P A y reimbursed 6
EXHIBIT A
PROJECTS SUMMARY
1. See attached project sheet for each CDBG Activity as submitted to HUD:
1.1 Administration
1.2 Colonia Neighborhood Cleanup Program
1.3 Emergency Home Repair
1.4 Owner Occupied Housing Rehabilitation
2. Reports:
2.1.Upon Completion of the Project, Subrecipient will provide the following reports:
2. 1.1 Annual Project Report for HUD for fiscal years 2015 through 2016. Report must
include, but is not limited to, the following:
2.1.1.1 Community impact narrative; and
2.1.1.2 Demographic information regarding individuals or households served.
2.2 All reporting provisions will survive the termination of this Agreement.
3 Bud et:
END OF EXHIBIT A
� nil Meeting 10/20/2015 Page 69 of 82
CPMP v ersion 2,0 Grantee N ame: PIMA COUNTY
Project Name: TOWN OF MARANA - ADMINISTRATION
Description; IDIS Project #: Ced AZO490 1 9
Administration of the Ct7BO program
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Marana, Az 85653 In the Marana Select ode. Planning /Administration �►
designated colonia.
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Project (34) 1 CPMP
Marana Regular Council Meeting 10/20/2015 Page 70 of 82
CPMP Version 2.0 Grantee Name: PIMA COUNTY
pro Name; TOWN OF MARANA - COLCNIA - NEIGHBORHOOD CLEANUP PROGRAM
1>escriptIon: IDIS Proj #: UoG Codex PIMA COUNTY
CDBG funds will be used to provide gash bags, small landscaping supplies and tools, contract solid waste services and
snnall disposable supplies water, gloves, sun screen, etc.] to assist homeowners with code violations and /or problems
with large debris, eic.
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....r_.�._
in the Marana designated colonic. S:IeCt i Public ser vices
Explanation:
Expected Completion Date:
022 L6
aecent'Housing
Suitable Living Environment
[� • t r t• :r:r.. # ya: .r i.:: f ':ii .'; ' J' a -': ' :.r I:• "+:5..•: "' 3 .3'r:Y.'1il.'! + i X11 f t.i "�:'." qq is .s.. a,x r i �� i. °�.l ;r� {.. — . fr t .��• �. }iy r �r,
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.. .................... Availability/Accessibility
[� Affiordability
[] Sustalnability
3
Di People Pro osed 400 Accornal, Type: P roposed
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complete comp lete
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comp lete 60 f complete
Proposed Outcome Performance Measure Actual Outcome
# of per'sona.vvith imprvd 40
access to a service
05 public services ( Gen er al) 570.2 01(e) ' ' Matrix Codes ' ►'
Matrix Codes Matrix Codes
Matrix Co Matrix Codes
CDBG rr Proposed Amt. 10000 Fund Source: W: Proposed Amt.
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Actual Units Actual Units
Project (36)
CP P
Marana Regular Council Meeting 10/20/2015 Page 71 of 82
CPMP Version 2.0 Grantee Name: PIMA, COUNTY'
�Pr�ie �tN Me T0W � OFMARANA �- EMERdENCY HOME RE-PAIR
Description; IRIS Project ::
UCH Cade : EAZo49 019
C DBG Funds will be used for the emergency home repair program.
?� }. �'� $ {i.. .r ;lr C ".�( ' 'S'•'� ;" •;' "iili: \ L r S• 1 :.Y,� , - :, iv' r L f' • •:1.; ' .. • 5 ; 1 : s [ Mil t . ���� }i. ■.•f rrw =f:� }': 7 ^ {1 € �i�':: { -. r� }rt {{ . • •} J i' cation]f '„ . I. {{Z 1' +r i.r . . n�,. tS :1,.,..1 .Y ��!! ` .+ i �� ' ff '••if'�.: t • i .l+��w J l•':�. ~ ''-i.:T>:' i�r �.. . It �� �a I .ifL�'rL. 1 ' , Stiv!i �Y7E
Census tract 44.06 Block Group 1
_.. ............... ..........,.. .........•...._...,. _..
in the Marana designated colonia. on
i owner occupied Housing
Explanation:
Exp C [date: Loca G o ver nment
ro Decent Housing
Suitable Living Environment
p�'y�� �v C' 1!1 • z. s• .•.. r •. r !' ! '•L:• r• , ;. •I • .• }. i
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Outcome Categories Improve the quality of owner housing �►
Availabilit y/ Accessibilit y �.__ _._........�...__ .__._ .._.._
. ...... ............... _ . M ._�. ................ ...... ........_...r..
;
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SustainabilIty• , '
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Ma trix Codes
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Project (37)
CPM P
Marana Regular Council Meeting 10/20/2015 Page 72 of 82
CPMP Version 2.0 Gran't-f-ee Name: PIMA COUNTY
project Name:
TOWN OF MARANA - OWNER-OCCUPIED HOUSING REHABILITATION
D escription: :ID:IS Pro #:
JUOG Code: PIMA COUNTY
C,r)BG funds will be used to rehabilitate homes of low income homeowners including roofing, HVAC, repair or replace
s eptic s electrical and plumbing, etc.
Location: o e
I k
cencus tract 44.06 Block Group 1.
the Marana designated
... .. ............... .... . ............. .... ......
Owner Occupied Housing
In colonla. Select one:
r= Completion Date;
( 091 A P:
J
Decent Housing
I(D
Suitable Livin Environment
0 Ecoftom'lc Opportunity
J_ . 11 M f- • g1f
" Al ",
y IF
outcome Categories Improve the quality of owner housing ............. --------- �� ..�
Availability /Accessibilit
Affordability 2
Sustainabillt 311
10 Housing Units V Proposed 4
Accompl. T v. Proposed
lUnderway
Underway
>
Complete—
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0
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1 1
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-
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Pro
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Proposed Outcome Performance Measure
Actual Outcome
#hs unk focused on imprvd 4
q uality or access to housing
14A Rehab Single-Unit Residential 570'.202
Matrix Codes wr
Matrix Codes
Matrix Codes
Matrix Codes
Matrix Codes
.. . ....... . ........
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Proposed Amt.
30000
3 Fund So Proposed Amt.
Source:
Actua I Amount
Actual Amount
LN
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Proposed Amt.
Fund Source: v:: Proposed Amt.
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Proposed Units
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Project (43)
CPMP
Marana Re Council Meetin 10/20/2015 Pa 73 of 82
EXHIBIT B
PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY2015 -2016 CONTRACT #
TOWN OF MARANA: ADMINISTRATION, COLONIA NEIGHBORHOOD CLEANUP,
EMERGENCY HOME REPAIR AND OWNER OCCUPIED HOUSING REHABILITATION
FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF
REQUEST #
20
Activity
Budgeted
Expenditures
Cumulative
Balance
This Month
Expenditures
Available
Administration
$11,700.00
Colonia Neighborhood
$Iopo.00
Cleanup
Emergency Home Repair
$25,000.00
Owner occupied Housing
$$30,000.00
Rehabilitation
Total Budget
$76,700.00
Funds requested this month
Must equal the TOTAL BUDGET line for "EXPENDITURES THIS MONTH ".
I hereby certify that to the best of my knowledge, the date reported represents actual receipts and actual
expenditures which have been incurred in accordance with the agreement for management and
implementation of the CDBG Program and are based on official accounting records and supporting
documents which will be maintained by us for purposes of audit.
REVIEWED BY
TITLE
DATE
INS s■ � � i
PHONE NUMBER
DATE
Marana Re ular Council Meeting 10/20/2015 Page 74 of 82
105082 / 00398744 / Q
MARANA
_ r'
o�
115 5 5 W. CI C CENTER DRIVE, NIA NA. ARIZ ONA 8 5 6 5 3
Item C7
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: October 20, 2015
Subject: Approval of October 6, 2015 Regular Council Meeting Minutes (Jocelyn C.
Bronson)
Attachments: Draft 10 -06 -2015 Regular Council Meeting Minutes
Marana Regular Council Meeting 10/20/2015 Page 75 of 82
7
�
MARAA N /
�ir�zo�`
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
�1I iwi1ui 111
Council Chambers, October 6, 2015` at or after 7:00 PM
i Al
Ed Honea, ayor
Jon Post, Vice Mayor
David Bowen, Council Membf
Patti Comerford, Council Meml
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
REGULAR COUNCIL MEETING
10 .
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:05 p.m.
Town Clerk Bronson called roll" Vice r Post and Council Member Bowen were
excused. There was a quorum present. Iry
lwh
9 9FFI NINE,
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor
Honea. 911111111� 'Wk Alk
X11 ,1 1 annmm %hw APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Ziegler. Passed unanimously 5-0.
NEE&, ANN
''1 1111111 111111111
CALL TO THE PUBLIC. David Morales spoke on behalf of the Disabled American Veterans
and asked for support for this organization which provides volunteer services to service men and
women. This chapter is not funded by any parent organization, and the only way they can exist is
through donations. He noted that the DAV Chapter 4 will be at the Cotton Festival, and all
donations are appreciated.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Members Ziegler, McGorray and Mayor Honea all spoke with high regard for the Grand
October 6, 2015 Meeting Minutes 1
Marana Regular Council Meeting 10/20/2015 Page 76 of 82
Opening of the new Tucson Outlet Mall in Marana. Mayor Honea also noted that Ventana
Medical Systems received its Certificate of Occupancy. He had an opportunity to tour the
facility and noted that it is state of the art and will provide many job opportunities within our
community.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson noted that the
Council Executive Report was placed on the dais and is available online. He also noted that due
to the extensive data provided, the type is quite small. The report will be revised and re-
distributed with larger font. He also reminded Council, staff and the audience of the annual
Cotton Festival which will be this coming Saturday at the Heritage River Park from 4 -9 p.m.
This is a great family event. Last, after many months of hard work, the Water Utility department
has a new logo, which he premiered from the dais.
PRESENTATIONS
CONSENT AGENDA. Motion to approve by Council Member Kai, second by Council
Member Ziegler. Passed unanimously 5 -0.
Cl Resolution No. 2015 -104: Relating to Public Works; approving and authorizing the
Mayor to sign a release of deed of trust in connection with a public improvement participation
agreement for the construction of a right turn lane for the Tangerine Ridge development project
as part of the Tangerine Road - -Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive
public works project (Frank Cassidy)
C2 Resolution No. 2015 -105: Relating to Development; approving and authorizing the
Mayor or the Town Manager to execute all legal instruments necessary or prudent to document,
authorize, and consent to the assignment and assumption of developer rights, title, interest, and
responsibilities relating to the Saguaro Bloom (formerly Saguaro Springs) project from and by
Grayhawk Development and its related entities to and by D.R. Horton and its related entities; and
ratifying the "Assignment and Assumption of Amended and Restated Agreement for
Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom
Development Project" previously signed by the Town Manager (Frank Cassidy)
C3 Approval of September 15, 2015 Study Session Meeting and Regular Council 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 Claudio
Jesus Martinez on behalf of the American Diabetes Association for Hogtoberfest to be held on
October 31, 2015 (Jocelyn C. Bronson). Ms. Bronson noted that the application was properly
noticed, reviewed and was in compliance with the town's special event liquor license process.
Staff recommended approval. Motion to approved by Council Member McGorray, second by
Council Member Kai. Passed unanimously 5-0.
October 6, 2015 Meeting Minutes 2
Marana Regular Council Meeting 10/20/2015 Page 77 of 82
L2 Relating to Liquor Licenses; recommendation to the Arizona state liquor board regarding
an application to add sampling privileges to the existing liquor license at Wal -Mart Supercenter
#5031 located at 8280 N. Cortaro Road, Marana, Arizona 85743 (Jocelyn C. Bronson). Ms.
Bronson noted that the application was properly noticed and reviewed. No protests were
received, and the application is in compliance with the town's process. Staff recommended
approval. Motion to approve by Council Member Ziegler, second by council Member
McGorray. Passed unanimously 5-0.
L3 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a new Series #10 Beer and Wine Store liquor license application
submitted by Heather Anne Hendon on behalf of Jacksons #813, located at 13960 N. Sandario
Road, Marana, Arizona 85653 (Jocelyn C. Bronson). Ms. Bronson stated that the application
was properly noticed, reviewed and was in compliance with the town's process. No protests
were received. Staff recommended approval. Motion to approve by Council Member Ziegler,
second by Council Member McGorray. Passed unanimously 5-0.
L4 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding an application for a Person Transfer and a Location Transfer of a
Series #9 Liquor Store liquor license submitted by Jason Barclay Morris on behalf of
CVS /Pharmacy #9273 located at 3785 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C.
Bronson). Ms. Bronson reported that the application was properly noticed, reviewed and is in
compliance with the town's process. No protests were received, and the staff recommendation is
for approval. Motion to approve by Council Member Kai, second by Council Member Ziegler.
Passed unanimously 5-0.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Resolution No. 2015 -106 Relating to Community Development; approving and
authorizing the Town Manager to execute one or more quit claim deeds in favor of Habitat for
Humanity Tucson for Lot 49 of Honea Heights subdivision and Lots 1 and 4 and Parcel A of
Sydney Place subdivision to be used for affordable workforce housing (Lisa Shafer). Presented
by Frank Cassidy, who noted that this item carries out prior resolutions. In the past the town
had a fairly robust affordable housing program. One of the projects was the Sydney Place along
the east side of Whitney Lane where we created a subdivision with four parcels where there had
been an existing home. That was lot 4. There was also lots 1 — 3 vacant lots and a common area
and little drainage area on the east side. Two of the lots of the Sydney Place subdivision have
already been transferred over to Habitat for Humanity where they built homes that are now
occupied. This resolution would transfer the existing home and the final vacant lot over to
Habitat for Humanity along with that common area. There is also a home at the corner of Sandy
and Morgan which is lot 49. That is a house also purchased with the housing funds for non-
payment of taxes, with the purchase intended for affordable housing, and that lot would transfer
to Habitat as well. Motion to approve by Council Member Ziegler, second by Council Member
McGorray. Passed unanimously 5-0.
October 6, 2015 Meeting Minutes 3
Marana Regular Council Meeting 10/20/2015 Page 78 of 82
A2 Resolution No. 2015 -107 Relating to Utilities; Authorizing the Town Manager and staff
to take all necessary and appropriate steps for the Town of Marana to receive from Avra Water
Co -op, Inc. a conveyance of rights and assumption of obligations of Central Arizona Project
Municipal and Industrial Water Service Subcontract; approving a draft form of conveyance
agreement; and authorizing the Mayor to sign the conveyance agreement and all necessary
Central Arizona Water Conservation District subcontract documentation at the conclusion of the
approval process. John Kmiec noted that previously he brought to Council information that
the Avra Water Co -op was interested in divesting themselves of their current CAP allocation and
their desire to have it go to the town. This is the next step in the process. Before Council is a
draft agreement as well as a resolution authorizing the Mayor to execute any future contracts
with CAP. This is going to Arizona Department of Water Resources with Avra Valley and
Marana recommending that Avra Water relinquish their CAP credits of 808 acre feet, and
transferred to the Town of Marana. That project should start in the month and then through a
series of phases would eventually allow Marana to have the subcontract with CAWCD to add an
additional 808 feet to our current 1528. Motion to approve by Council Member Kai, second by
Council Member McGorray. Passed unanimously 5-0.
ITEMS FOR DISCUSSION /POSSIBLE ACTION
DI Resolution No. 2015 -108: Relating to Special Events; approving and authorizing the
Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling
Association of America, Inc. regarding financial support for the 2015 and 2016 El Tour de
Tucson events; and approving the transfer of a total of $10,000 in budgeted expenditure authority
from the Economic Development, Tourism, and Parks and Recreation budgets to the General
Governments Outside Agencies line item for purposes of funding the agreement for fiscal year
2016. Presented by Tom Ellis began by noting that this project supports focus areas in the
Strategic Plan. In August, principals with the Perimeter Bicycling Association presented
Council with a unique opportunity to showcase Marana through a partnership with El Tour de
Tucson Bicycling event. The agreement before Council tonight formalizes the participation by
the town with the E1 Tour event. He gave highlights of the Tour, noting that it is the largest
cycling event in Arizona and the seventh largest in the U. S. and has the second highest
economic impact of any special event in southern Arizona.
The agreement requires financial support from the town of $10,000 in 2015 and $15,000 in 2016.
That allows the town to be a significant partner with Perimeter Bicycling before, during and after
the E1 Tour events and will help market Marana in major tourism outlets and media promotions.
The Marana logo will be prominently displayed on all banners, t- shirts and advertising. This will
have a huge impact on Marana tourism and at the same time sponsoring a healthful event in an
international fashion. After the 2015 E1 Tour, Perimeter Bicycle will feature a customized Town
of Marana 25 -mile cycling event with its own application and its own placement and team
awards and perhaps give the town an opportunity to promote a new signature event featuring
Marana's healthy lifestyle and high quality of life. The contributions will come from three
departments: Economic Development, Tourism and Parks & Recreation. The 2016 funding
would be part of the 2016 -17 budget cycle. Council Member Ziegler expressed her gratification
over have this opportunity brought to the town. Motion to approve by Council Member Ziegler,
second by Council Member McGorray. Passed unanimously 5-0.
October 6, 2015 Meeting Minutes 4
Marana Regular Council Meeting 10/20/2015 Page 79 of 82
D2 Resolution No. 2015 -109 Relating to Administration; transferring $250,000 in budgeted
expenditure authority from the General Fund contingency line item to the restricted budget line
items within various Town departments in the fiscal year 2014 -2015 budget for unanticipated
costs; reallocating $377,060 in expenditure authority between certain departments in the fiscal
year 2014 -2015 budget due to a reorganization. Erik Montague gave the FY 2015 preliminary,
unaudited results, focusing primarily on the revenues from transaction privilege sales taxes, state
shared revenues and licenses, permits & fees. This accounting is for the period through June
2015. Overall, revenues exceeded projections by 5.1 percent, which is significant growth. He
then provided information from a trending graph to support these figures. There appears to be
good stability in the new housing market. State shared revenues are the second largest revenue
stream. Although we are within expectations, we exceed budget in all categories in a number of
years, especially with auto lieu, which is vehicle registration tax. Even though it isn't in the
general fund, Mr. Montague included the HURF fund. For audited 2015, we landed at about
122.6% of what we had budgeted. Some of that is due to the fuel prices dropping and addition
consumption and how those distributions occurred. This is the main source used to repair our
roads, so the more dollars we can deploy toward that makes this vital to our community. For
Licenses, permits and fees, we exceeded what we had budgeted in nearly all the categories. This
is primarily building safety, engineering and planning. This is a challenge, and a lot of effort is
put into the calculations. For the year just ended we budgeted 600 permits, and we had in excess
of 668 actual permits issued. We are about 10% above projected revenue.
He then provided an overall general fund summary. For the current month, revenues exceeded
expenditures by about $4M which is significant. Keeping in mind that we are accumulating cash
for the purpose of making debt service payments and other required transfers such as the splash
pad. For revenues to date, revenues exceeded expenditures for those draws by about $1.2M. He
had expected to land closer to break even, but the good news is that we will be returning some
cash. These numbers may change after audit, but generally he feels very good about where we
are. Mr. Montague finished with a brief report on general fund balances and growing those
resources to eventually deploy them for appropriate uses. With the potential $1.2M, we'll be at
just shy of $25M in fund balance which is significant. Related to this for Council consideration
is a reallocation of $377,060 for a reorganization that occurred after the end of the fiscal year and
the transfer of $250K due to unanticipated budget overruns. One occurred in the police area for
$SOK primarily related to vehicle maintenance and some benefit costs for new employees. The
second piece is for $200K from contingency within Community Development related to animal
control and how that contract works under the new contract period. This was mentioned to
Council at an earlier meeting as a possibility. Final results will be available in December and
published on our website for award consideration. Mayor Honea congratulated Mr. Montague
on an excellent presentation. Motion to approve by Council Member Ziegler, second by
Council Member Kai. Passed unanimously 5 -0.
D3 Relating to Administration; presentation regarding Local Option #A of the Model City
Tax Code. Mr. Montague presented this item, noting that the Model City Tax code was created
several years ago with the intent to provide some level of consistency among the various cities
and towns. The other areas are allowing individual cities to make decisions based on what they
believe to be right for their community. That's in addition to the actual tax rate. Since July 1,
2012, the Model Cities Tax Code is maintained by the Arizona Department of Revenue. Any
October 6, 2015 Meeting Minutes 5
Marana Regular Council Meeting 10/20/2015 Page 80 of 82
changes to the code will eventually need to be approved by the Mayor and Councils of the
individual cities and towns and then codified in the official document. Any changes to the tax
code requires that the Municipal Tax Code Commission review those changes periodically
through the unified audit committee or through other interested person through that process. The
Commission is a nine - member board — five by the Governor, two by the Senate and two by the
House.
There are some changes that can be made that don't require that review. One is the tax rate, and
the other is adopt or repeal local or model options. One of the options we have for model and
local options is to decide what should be taxed. With Local Option #A, it would include new
agricultural machinery equipment to exempt income - producing capital equipment. That would
be limited to new equipment and to those individuals who are in the line of business of
agricultural, horticultural, viticultural or floricultural crops in the state. So anyone in the
business of growing those crops for commercial production would provide for an exemption for
those sales to those farmers. It would not apply to non - agricultural purposes. It would put the
responsibility on the business owner to obtain and maintain documentation evidencing that they
properly excluding that from taxation. He then provided a list of the town cities and towns that
have chosen that option. The town became aware of this option, and of some cities having this
option and other not, that there may be a business in our community at a competitive
disadvantage. Specifically, with Stotz coming to Marana in October 2014, individuals who have
a choice may be choosing locations based some pricing differential, so there may be a
competitive disadvantage at the local store.
What staff is bringing to Council is information regarding some of the options or choices we
have and addressing the specific concern or issue one of our businesses has in the community.
Tonight's presentation is to get direction and feedback from Council on this option. He gave a
possible timeline for an effective date of January 1, 2016. Mayor Honea noted that we had
something similar to this many years ago on agricultural products, and he supports this as well.
We don't want companies in our community losing sales because they are at a competitive
disadvantage. Motion to direct staff to move forward with Local Option #A of the Model Cities
Tax Code that would benefit agricultural producers within the town by Council Member Kai,
second by Council Member Ziegler. Mayor Honea noted that we had something similar to this
many years ago on agricultural products, and he supports this as well. We don't want companies
in our community losing sales because they are at a competitive disadvantage. Passed
unanimously 5-0.
D4 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on recent and
upcoming meetings of the other governmental bodies (Gilbert Davidson). Mayor Honea noted
that there are now four people running for Congressional District 1 include two new candidate:
Paul Babeu, and Dave Gowan.
Mayor Honea noted that he forgot to mention two noteworthy passings in the past few weeks of
people who had a big influence on the town. Dan Groseclose, a former Council Member and
town employee passed last week after a long fight with lung cancer. Charlene Abbett, Wheeler
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Abbett's wife, passed last Monday. Charlene was very active in the community and loved
Marana. He asked that all keep their families in our thoughts and prayers.
EXECUTIVE SESSIONS. Motion to go into executive session at 7:59 p.m. on items E2 and
E3 by Council Member McGorray, second by Council Member Ziegler. Passed unanimously
5 -0. The public meeting reconvened at 8:46 p.m.
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion
or consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(7), for discussion and consultation
with the Town's representatives and attorneys to consider the Town's position and instruct its
representatives and attorneys regarding negotiations with the Arizona State Land Department
concerning the current lease and possible future auction of the Tortolita Preserve.
E3 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) in order to consider the Town's
position and instruct the Town's attorneys regarding the Town's position regarding the
anticipated Carranza sewer connection claim for the home located at 8755 North Biscay Place
in Continental Ranch.
Motion by Council Member Kai, second by Council Member McGorray to direct staff to
proceed in a manner consistent with the discussion in executive session on Items E2 and E3.
Passed unanimously 5-0.
FUTURE AGENDA ITEMS. Council Member Ziegler asked for a resolution supporting
Fisher House, which provides comfort homes for military and Veteran families who come to
support a loved one hospitalized for wounds, injuries, or illnesses at the southern Arizona VA
Hospital. Mayor Honea concurred.
ADJOURNMENT. Motion to adjourn at 8:50 p.m. by Council Member McGorray, second by
Council Member Kai.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on October 6, 2015. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
October 6, 2015 Meeting Minutes 7
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