HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 11-15-2016M
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 15, 2016, 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
November 15, 2016, 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 11 /15/2016 Page 1 of 109
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 under Agendas and Minutes.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing
at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers
and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals
addressing a meeting at the Call to the Public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in
the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona
Open Meeting Law, at the conclusion of Call to the Public, individual members of the
Council may respond to criticism made by those who have addressed the Council, and may
ask staff to review the matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
Marana Regular Council Meeting 11 /15/2016 Page 2 of 109
Proclaiming Davis - Monthan Air Force Base is "America's Asset and a Regional
Treasure" located in Tucson, Arizona (Jocelyn C. Bronson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
Pi Relating to Boards, Commissions and Committees; discussion, consideration and
possible direction regarding recommendations from the Fall 2016 Marana Citizens'
Forum on the topic "Complex Multi -Event Plan" (Jocelyn C. Bronson)
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.
C1 Ordinance No. 2016.022: Relating to Personnel; ratifying the approval and
adoption of Policy 3 -11 ( "Severance Benefits ") of the Town's Personnel Policies and
Procedures as previously adopted by Marana Resolution No. 2016 -105 (Jane Fairall)
C Resolution No. 2016 -122: Relating to Special Events; adding the Marana Founders'
Day event to the Town of Marana Signature Event Series (Vickie Hathaway)
C3 Resolution No. 2016-123: Relating to Public Works; approving and authorizing the
Mayor to sign an Intergovernmental Agreement between the State of Arizona and the
Town of Marana relating to traffic signal communication and management (Scott
Leska)
C4 Resolution No. 201 6 -124: Relating to the Police Department; approving and
authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona
Department of Homeland Security for purposes of receiving funds under the 2016
Operation Stonegarden Grant Program (Lisa Shafer)
CS Approval of Regular Council Meeting Minutes from November 1, 2016 (Jocelyn C.
Bronson)
LIQUOR LICENSES
Marana Regular Council Meeting 11 /15/2016 Page 3 of 109
L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a Location Transfer Series #7 Beer and Wine Bar
liquor license application submitted by John Edward Baxla on behalf of Peter Piper
Pizza #58, located at 3741 W. Ina Road #125, Tucson, Arizona 85741. (Jocelyn C.
Bronson)
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted
by Stephanie Beate Hunter on behalf of Humane Society of Southern Arizona for
Bikes, Barks &Brews to be held on December 10, 2016 (Jocelyn C. Bronson)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Resolution No. 2016 -125: Relating to Administration; approving the transfer of
$370,000 in budgeted expenditure authority from the General Fund contingency line
item to the restricted budget line items within the Police Department for
unanticipated costs in the fiscal year 2015 -2016 budget (Erik Montague)
A2 Resolution No. 2016 -126: Relating to Elections; declaring and adopting the results of
the Town of Marana general election held on November 8, 2016 (Jocelyn C.
Bronson)
A3 Relating to Mayor and Council; selection of the Vice Mayor (Jocelyn C. Bronson)
A4 Resolution No. 201 6 -127: Relating to Heritage; approving and authorizing the
Mayor to execute a First Amendment to Community Partner and License Agreement
between the Town of Marana and the Marana Heritage Conservancy (Vickie
Hathaway)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D1 Presentation: Relating to Transaction Privilege Tax; update and discussion regarding
potential modifications to the state construction sales tax and the activities of the
Construction Sales Tax Task Force (Erik Montague)
D2 Relating to Administration; presentation, discussion and consideration of the survey
results regarding proposed designs for the Town of Marana's new logo /seal (Vickie
Hathaway)
D3 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)
Marana Regular Council Meeting 11 /15/2016 Page 4 of 109
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.
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.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if
three or more Council members request that an item be placed on the agenda, it must be
placed on the agenda for the second regular Town Council meeting after the date of the
request, pursuant to Marana Town Code Section 2- 4 -2(B).
ADJOURNMENT
Marana Regular Council Meeting 11 /15/2016 Page 5 of 109
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Council - Regular Meeting 1
Meeting Date: 11/15/2016
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: November 15, 2016
Subject: Proclaiming Davis - Monthan Air Force Base is "America's Asset and a Regional
Treasure" located in Tucson, Arizona (Jocelyn C. Bronson)
Attachments
Davis - Monthan Proclamation
Marana Regular Council Meeting 11 /15/2016 Page 6 of 109
PROCLAMATION
HONORING DAVIS-MONTHAN AIR FORCE BASE 2016
WHEREAS the Marana communit honors the service of airmen and families
stationed at Davis-Monthan Air Force Base and stands with all of our soldiers and
militar families servin around the countr and the world and
WHEREAS for over 90 y ears Davis-Monthan Air Force Base has continued to be one
of the Tucson re g reatest assets and a point of patriotism and p ride for our
residents and
WHEREAS Davis-Monthan Air Force Base is a critical part of the Tucson re
economic vitalit throu the thousands of jobs it provides throu southern
Arizona and
WHEREAS g iven the excellent weather, proximit to the Goldwater Ran and
s with other militar bases in the re the Tucson re is the finest location
in the countr for a militar base char with implementin vitall important
missions and
WHEREAS we believe residents of all municipalities and all a should come
to to express their g ratitude and support for our airmen, militar families and
the entire Davis-Monthan communit
NOW, THEREFORE, the Ma and Council of the Town of Marana proclaim that
DAVIS-MONTHAN AIR FORCE BASE IS "AMERICAS ASSET AND A
REGIONAL TREASURE" LOCATED IN TUCSON, ARIZONA
Dated this 15th da of November, 2016.
ATTEST:
ocel Bronson, Town Clerk
Marana Re Council Meetin 11 /15/2016
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Ed Honea, Mayor
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Council - Regular Meeting P1
Meeting Date: 11/15/2016
To: Mayor and Council
From: Jocelyn C. Bronson, Town Clerk
Date: November 15, 2016
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
The Community Focus Area, Principal Statement 2 states "We will use unique and creative
approaches to engage and reach out to citizens." Within this Principal Statement, Initiative 9
requires evaluation and continuous improvement of citizen participation and community outreach.
The Marana Citizens' Forum is part of this outreach.
Subject: Relating to Boards, Commissions and Committees; discussion, consideration and
possible direction regarding recommendations from the Fall 2016 Marana Citizens'
Forum on the topic "Complex Multi -Event Plan" (Jocelyn C. Bronson)
Discussion:
A presentation of recommendations will be made by Don Winfield on behalf of the delegates of
the Marana Citizens' Forum related to the Fall 2016 Forum topic "Complex Multi -Event Plan."
The Forum delegates held five sessions on what amulti -event plan would look like and what it
could accomplish for the Marana community and the region. The recently adopted Parks and
Recreation Master Plan served as the informational guideline, providing service area data which
was used to help develop the recommendations.
Staff Recommendation:
Presentation only.
Suggested Motion:
Council's pleasure.
Marana Regular Council Meeting 11 /15/2016 Page 8 of 109
Attachments
No files) attached.
Marana Regular Council Meeting 11 /15/2016 Page 9 of 109
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Council - Regular Meeting C1
Meeting Date: 11/15/2016
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: November 15, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinance No. 2016.022 Relating to Personnel; ratifying the approval and adoption of
Policy 3 -11 ( "Severance Benefits ") of the Town's Personnel Policies and Procedures as
previously adopted by Marana Resolution No. 2016 -105 (Jane Fairall)
Discussion:
On October 4, 2016, the Council adopted Resolution No. 2016 -105, approving and adopting
amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 — Classification
and Compensation by adding new Policy 3 -11 "Severance Benefits." The severance benefits
policy allows the Town Manager to provide up to 3 months' salary and up to 3 months' payment
of COBRA premiums to an unclassified employee who is terminated without cause, or who
resigns in lieu of being terminated without cause. The adopted policy is attached to this item as
back -up material.
Since the adoption of this policy by resolution, it has come to staff s attention that pursuant to
state law (A.R.S. § 9 -239), approval of severance pay for Town officers must be accomplished by
ordinance. The proposed ordinance ratifies the Council's action in adopting the severance benefits
policy.
Staff Recommendation:
Staff recommends approval of Ordinance No. 2016.022.
Suggested Motion:
Marana Regular Council Meeting 11 /15/2016 Page 10 of 109
I move to adopt Ordinance No. 2016.022, ratifying the approval and adoption of Policy 3 -11
( "Severance Benefits ") of the Town's Personnel Policies and Procedures as previously adopted by
Marana Resolution No. 2016 -105.
Attachments
Ordinance 2016.022
Reso 2016- 105/Policy 3 -11
Marana Regular Council Meeting 11 /15/2016 Page 11 of 109
MARANA ORDINANCE NO. 20169022
RELATING TO PERSONNEL; RATIFYING THE APPROVAL AND ADOPTION OF
POLICY 3 -11 ( "SEVERANCE BENEFITS ") OF THE TOWN'S PERSONNEL POLICIES
AND PROCEDURES AS PREVIOUSLY ADOPTED BY MARANA RESOLUTION NO.
2016 -105
WHEREAS on October 4, 2016, the Town Council adopted Resolution No. 2016 -105,
approving and adopting amendments to the Town's Personnel Policies and Procedures by adding
new Policy 3-11 "Severance Benefits" to Chapter 3 of the policies; and
WHEREAS A.R.S. § 9- 239(C) provides that the Council may provide severance pay for
town officers by ordinance or by contract with an individual officer; and
WHEREAS the Town Council finds that ratifying the adoption of Policy 3 -11 is in the
best interests of the Town and its employees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The approval and adoption of Policy 3 -11 ( "Severance Benefits ") of the
Town's Personnel Policies and Procedures, as previously adopted by Marana Resolution No.
2016 -105, is hereby ratified consistent with the requirements of A.R.S. § 9- 239(C).
SECTION 2. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 5. This ordinance is administrative, and shall become effective immediately.
Marana Ordinance No. 2016.022 - 1 -
Marana Regular Council Meeting 11 /15/2016 Page 12 of 109
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 15 day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2016.022 -2-
Marana Regular Council Meeting 11 /15/2016 Page 13 of 109
MARANA RESOLUTION NO. 2016 -105
RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE
TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 — CLAS-
SIFICATION AND COMPENSATION BY ADDING NEW POLICY 3 -11 "SEVERANCE
BENEFITS"
WHEREAS Chapter 3 -3 of the Marana Town Code provides that the Town Council may
adopt personnel policies, rules, and regulations that follow the generally accepted principles of
good personnel administration and which may be modified or changed from time to time; and
WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of
Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999, which have been amended
.. roan time to time; and
WHEREAS the Council finds that adoption of the amendments to the Town's Personnel
Policies and Procedures as set forth in this resolution is in the best interests of the Town and its
employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF M.ARANA, ARIZONA., as follows:
SECTION 1. Chapter 3 of the Town's Personnel Policies and Procedures, entitled
"Classification and Compensation" is hereby amended by adding new Policy 3-11 "Severance
Benefits" as set forth in Exhibit A attached to this resolution.
SECTION 2. All ordinances, resolutions, or motions and parts of ordinances, resolu-
tions, or motions of the Council in conflict with the provisions of this resolution are hereby re-
pealed, effective as of the effective date of this resolution.
SECTION 3. 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 aforementioned amendments.
Marana ResolUtlon No. 2016-105
Marana Regular Council Meeting 11 /15/2016 Page 14 of 109
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 4th da of October, 2016.
N
AMARANA17
ATTEST:
V ronson, Town Clerk
Marana Resolution No. 2016-105)
L . -
Ma Ed onea
APPROVED AS TO FORM:
r Ca y , Tow orne
2-
Marana Re Council Meetin 11 /15/2016 Pa 15 of 109
MARAN
'OWN OF MARANA
CHAPTER 3.
CLASSIFICATION AND COMPENSATION
[No revisions to Policies 3 -1 through 3 -101
POLICY 3 -11 SEVERANCE BENEFITS
The Town Manager may provide severance benefits to eligible employees pursuant to the
provisions of this policy. This policy does not and shall not create employment or
compensation rights.
Section 3 -11_1 Eligibility
A. The provisions of this policy apply to employees in unclassified positions whose
employment is terminated by the Town without cause, or who resign in lieu of
termination without cause.
B. Employees in classified and temporary positions are not eligible for severance benefits.
Section 3 -11 -2 Severance Benefits
A. The Town Manager may determine in his or her sole discretion whether to provide
severance benefits to an eligible employee based on the provisions of this policy and any
other relevant factors, including, without limitation, the employee's position and the
employee's length of employment with the Town.
B. when the Town Manager determines to provide severance benefits to an eligible
employee, the severance benefits shall be as follows:
1. Severance pay equal to up to three months' salary, based on the employee's annual
base salary as of the date of employment separation, less applicable state and federal
withholding taxes as required by law.
2. If the employee elects COBRA (Consolidated Omnibus Budget Reconciliation Act of
1985) continuation coverage for medical, dental and/or vision insurance through. the
Town's COBRA administrator, the Town will pay 100% of the employee's COBRA
premiums directly to the COBRA administrator on the employee's behalf for up to
three months.
C. Severance benefits do not include any payment which the employee is already entitled
to for earned wages, accrued vacation hours, overtime compensation, or any other
benefits accrued and vested to the employee. Payment of these items will be governed
by applicable law and policy.
EXHIBIT A TO MARANA RESOLUTION NO. 2016 -105
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Marana Regular Council Meeting 11 /15/2016 Page 16 of 109
--------- - - - - -- -------------------------------------------------------
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TOWN OF MARANA
CHAPTER 3.
CLASSIFICATION AND COMPENSATION
Section 3-11 -3 Disqualification
An employee in an unclassified position is not eligible for severance benefits if his or her
termination is due to one or more of the following actions:
A. Voluntary resignation
B. Retirement
C. Termination for cause
Section 3 -11- -4 conditions for Receipt of Severance Benefits
A. To be eligible for benefits under this policy, the employee must execute a
separation/ severance agreement within the timelines and terms and conditions
established by the Town.
B. The separation/ severance agreement will include, without limitation, a waiver by the
employee of any and all legal claims or potential legal claims against the Town, its
officers, employees, and agents relating to the employee's employment or separation of
employment with the Town.
Section 3 -11 -5 Budget Appropriation and Capacity
All severance benefits are subject to any limitations imposed by the Town's budget
appropriations and capacity and the availability of funds.
EXHIBIT A TO MARANA RESOLUTION NO. 2016105
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Marana Regular Council Meeting 11 /15/2016 Page 17 of 109
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Council - Regular Meeting C2
Meeting Date: 11/15/2016
To: Mayor and Council
Submitted For: Vickie Hathaway, Communications Manager
From: Jane Fairall, Deputy Town Attorney
Date: November 15, 2016
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
PRINCIPLE STATEMENT 2 / We will use unique and creative approaches to engage and reach
out to citizens.
INITIATIVES:
7. MARKET MARANA AS A DESTINATION FOR UNIQUE, FAMILY - FRIENDLY EVENTS
a. Promote Marana's low -cost or no -cost admission to events to increase attendance and
participation
b. Identify ways of promoting programs and events
Subject: Resolution No. 2016 -122: Relating to Special Events; adding the Marana
Founders' Day event to the Town of Marana Signature Event Series (Vickie
Hathaway)
Discussion:
On January 20, 2015, the Town Council adopted Resolution No. 2015 -006 approving the Town
of Marana Signature Event Series, consisting of the Star Spangled Spectacular in July, the Marana
Cotton Festival in the Fall, and the Marana Holiday Festival & Christmas Tree Lighting in
December.
The Marana Founders' Day event typically takes place in the Spring of each year, honoring and
showcasing the people of Marana and recognizing the founding of our municipality. The event
was previously a Town event, but for the last few years, the event has been planned and put on by
the Marana Heritage Conservancy with the help and assistance of the Town.
At this time, Town and Conservancy leadership believe that the best way to showcase and grow
Marana Regular Council Meeting 11 /15/2016 Page 18 of 109
the event is to make it a part of the Town's Signature Event Series, with the Town serving as the
primary driver of the event, but with the help and assistance of the Conservancy. This agenda
item is presented in conjunction with another agenda item proposing amendments to the Town's
agreement with the Conservancy to clarify the parties' roles with regard to Founders' Day.
Staff Recommendation:
Staff recommends adding Founders' Day to the Town's Signature Event Series.
Suggested Motion:
I move to adopt Resolution No. 2016 -122, adding the Marana Founders' Day event to the Town
of Marana Signature Event Series.
Attachments
Resolution No. 2016 -122
Marana Regular Council Meeting 11 /15/2016 Page 19 of 109
MARANA RESOLUTION NO. 2016-122
RELATING TO SPECIAL EVENTS; ADDING THE MARANA FOUNDERS' DAY EVENT
TO THE TOWN OF MARANA SIGNATURE EVENT SERIES
WHEREAS the Town of Marana is dedicated to marketing Marana as a destination for
unique, family- friendly events, promoting low -cost or no -cost admissions to increase attendance
and participation at events, identifying new ways of promoting programs and events, and
maintaining and expanding event sponsorships through advertising and other forms of
recognition as directed by the Community focus area of the Strategic Plan; and
WHEREAS on January 20, 2015, the Town Council adopted Resolution No. 2015 -006
approving the Town of Marana Signature Event Series, consisting of the Star Spangled
Spectacular in July, the Marana Cotton Festival in the Fall, and the Marana Holiday Festival &
Christmas Tree Lighting in December; and
WHEREAS the Town of Marana is dedicated to showcasing the people of Marana and
recognizing the founding of our municipality; and
WHEREAS the Town's Special Events Division, under the direction of the Town
Manager's Office, is dedicated to fulfilling the stated initiatives; and
WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in
the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Marana Founders' Day event in March is hereby added to the
Town of Marana Signature Event Series, as previously established by Resolution No. 2015 -006.
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
and conditions of this resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15th day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2016 -122
Marana Regular Council Meeting 11 /15/2016
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 20 of 109
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Council - Regular Meeting
Meeting Date: 11/15/2016
To: Mayor and Council
Submitted For: Scott Leska, CIP Engineering Division Manager
From: Frank Cassidy, Town Attorney
Date: November 15, 2016
Strategic Plan Focus Area:
Not Applicable
C3
Subject: Resolution No. 2016 -123: Relating to Public Works; approving and authorizing
the Mayor to sign an Intergovernmental Agreement between the State of Arizona
and the Town of Marana relating to traffic signal communication and
management (Scott Leska)
Discussion:
This proposed ADOT IGA would facilitate communication and coordination of Town -owned
traffic signals with state -owned traffic signals along Interstate 10. The IGA provides for the Town
to purchase and maintain the State's Advanced Traffic Management System licensing for the
Town's signals shown in Exhibit A to the IGA, and to obtain an ADOT encroachment permit to
enter traffic control cabinets and other facilities in the state right -of -way, to maintain, upgrade,
and repair the signal coordination equipment.
Financial Impact:
N/A
Staff Recommendation:
Staff recommends adoption of Resolution No. 2016 -123, approving and authorizing the Mayor to
sign an ADOT IGA relating to traffic signal communication and management.
Suggested Motion:
Marana Regular Council Meeting 11 /15/2016 Page 21 of 109
I move to adopt Resolution No. 2016 -123, approving and authorizing the Mayor to sign an ADOT
IGA relating to traffic signal communication and management.
Attachments
Resolution No. 2016 -123
Exhibit A to Reso ATMS ADOT JPA
Exhibit A to JPA
Marana Regular Council Meeting 11 /15/2016 Page 22 of 109
MARANA RESOLUTION NO. 2016-123
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
SIGN AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA
AND THE TOWN OF MARANA RELATING TO TRAFFIC SIGNAL COMMUNICATION
AND MANAGEMENT
WHEREAS the Arizona Department of Transportation has proposed an Intergovernmen-
tal Agreement between the State of Arizona and the Town of Marana relating to traffic signal
communication and management; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the Town of Marana to enter into this intergovernmental agreement amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the "Intergovernmental Agreement between the State of Arizona
and Town of Marana" (ADOT CAR No.: IGA /JPA 16- 0006066 -I; AG Contract No.: P001 2016
004438; Project Name: Traffic Signal Communication & Management), attached to and incorpo-
rated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is here-
by authorized to sign it via direct signature or via ADOT's electronic signature system for and on
behalf of the Town of Marana.
IT IS FURTHER RESOLVED that 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 intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15 day of November, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
00049532.DOCX /1
Marana Resolution No. 2016 -123
Marana Regular Council Meeting 11 /15/2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
11/2/2016 3:54 PM
Page 23 of 109
ADOT CAR No.: IGA /JPA 16- 0006066 -I
AG Contract No.: P001 2016 004438
Project Name: Traffic Signal Communication
& Management
Project Location: Various Locations
Federal -aid No.:
ADOT Project No.:
TIP /STIP No.:
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Ite. No.: HSIP
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
THIS AGREEMENT is entered into this date , 2016, pursuant to
the Arizona Revised Statutes §§ 11 -951 through 11 -954, as amended, between the STATE OF ARIZONA,
acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or "ADOT ") and the TOWN
OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The State and the
Town are collectively referred to as "Parties ".
I_ RFrITAI S
1. The State is empowered bv� qrizona Revised Statutes § 28 -401 to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behalf of the
State.
2. The Town is empowerEMy Arizona Revised Statutes § 9 - 240 to enter into this Agreement and
has resolved to enter into this Agreement and has authorized the undersigned to execute this
Agreement on behalf of the Town.
3. The Town and the State desire to participate in the communication and coordination of all Town
owned traffic signals and State owned traffic signs, as shown in Exhibit A, by connecting the
Town's signals to the State's Advanced Traffic Management System (ATMS) for the benefit,
safety, and efficiency of the traveling public.
4. The purpose of this agreement is to establish and provide for communication and maintenance
of the interconnection of the Town's owned and operated signals into the State's ATMS.
THEREFORE in consideration of the mutual Agreements expressed herein, it is agreed as follows:
Marana Regular Council Meeting 11 /15/2016 Page 24 of 109
Page 2
II. SCOPE OF WORK
1. The State will:
a. Execute this Agreement and be the lead agency for the Project.
I GA/J PA 16- 0006066 -I
b. Purchase and maintain ATMS licensing for all State owned and operated traffic signals.
c. Provide the Town a minimum of 12 months advance notice of any software changes to the
ATMS to allow budgeting of licensing for new ATMS system.
d. Provide and maintain the ATMS connection utilized between Town and State owned traffic
signals within the State's traffic signal cabinet.
e. Provide secure virtual access via the ATMS to each of:hhe Town's traffic signal controller and
video equipment to the Town's designated traffic signal management and personnel.
f. Make the necessary coordinated efforts with the Town to provide connection(s) of
communication lines, radios, and /or other devices in direct support of a functional ATMS.
g. Provide necessary communication hardware for the State's traffic signal equipment to
communicate with the State's ATMS.
h. Provide comments to the Town for all necessary communication connections to each of the
Town's traffic signal, as specified in Exhibit A.
l
i. Retain vested titl6 and ownership in, and provide maintenance of all the State's traffic
signals and communicatior"equipment.
j. Not permit the Town to make any changes to the State's traffic signal controller(s) and /or
timing plan(s), at the locations listed in Exhibit A, unless written authorization is provided to
the Town prior 'o the implementation thereof.
k. Be granted, without cost requirements, the right to enter Town right -of -way as required to
conduct any and all activities related to the Project, including without limitation, temporary
rights of entry on to and over the Town's rights -of -way.
Issue, per established procedures of the State's Southcentral District Permit Office, a valid
blanket Encroachment Permit to enter into the cabinets, conduit and for the routine /normal
maintenance, upgrade and /or repair of the Town's communication equipment and
emergency maintenance work to be provided by the Town within the State's rights -of -way.
Process any other Encroachment Permits that may be needed to work within the State's
right -of -way to effectively meet the obligations set forth for the Town in this Agreement.
The State agrees all activities that are reasonably required to be performed by the Town
under this Agreement shall be set forth in and covered by the appropriate Encroachment
Permit.
Marana Regular Council Meeting 11 /15/2016 Page 25 of 109
Page 3
2. The Town will:
I GA/J PA 16- 0006066 -I
a. Purchase and maintain ATMS licensing for all Town owned and operated traffic signals.
b. Develop and provide to the State for approval, coordinated traffic signal timing plans as may
be required to provide for the management and control of each of the Town's traffic signal
operations, as listed in Exhibit A.
c. Coordinate access to the Town's communication conduit, fiber optic lines, or other
communication equipment and infrastructure, and signal cabinets and controller
connections of each traffic signal as required for ATMS connectivity.
d. Coordinate assistance as reasonably available, and as may be required, for the preparation
of the traffic signal equipment for ATMS connections.
e. Coordinate with the State on any communication and controller equipment,upgrades to the
Town's traffic signals, as listed in Exhibit A, to ensure the communication compatibility with
the State's ATMS.
f. Retain vested title and ownership in, and provide maintenance to, all the Town's traffic
signals, controllers and video equipment.
g. Not permit the State to make any changes to the Town's traffic signal controller(s) and /or
timing plan(s), at the locations listed in Exhibi SiM - less written authorization is provided to
the State prior to toe implementation thereof.
h. Not permit or allow any enachments on or private use of the right -of -way, except those
authorized by permit. In thi e - 1?vent of any unauthorized encroachment or improper use, the
Town shall take all necessary steps to remove or prevent any such encroachment or use.
Request and maintain, per established procedures of the State's Southcentral District Permit
o ffice, a valid blanket Encroachment Permit to enter into the cabinets, conduit and for the
routine /normal maintenance, upgrade and /or repair of the Town's communication
equipment and emergency maintenance work provided by the Town within the State's
"rights -of -way. Agree to obtain separate permits for any new construction or installations in
accordance with e Southcentral District established procedures. The Town agrees all
activities performed by the Town under this Agreement shall be set forth in and covered by
the appropriate Encroachment Permit.
III. MISCELLANEOUS PROVISIONS
1. This Agreement shall remain in full force and effect for successive periods of 5 years from the
effective date and may be amended upon mutual written consent of both Parties. This
Agreement shall be reviewed and all reviews shall be completed within 60 days prior to the end
of the 5th year anniversary date.
Marana Regular Council Meeting 11 /15/2016 Page 26 of 109
Page 4 IGA/JPA 16- 0006066 -I
2. The Town shall indemnify, defend, and hold harmless the State, any of its departments,
agencies, officers or employees (collectively referred to in this paragraph as the "State ") from
any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind
and description, including reasonable attorneys' fees and /or litigation expenses (collectively
referred to in this paragraph as the "Claims "), which may be brought or made against or
incurred by the State on account of loss of or damage to any property or for injuries to or death
of any person, to the extent caused by, arising out of, or contributed to, by reasons of any
alleged act, omission, professional error, fault, mistake, or negligence of the Town , its
employees, officers, directors, agents, representatives, or contractors, their employees, agents,
or representatives in connection with or incident to the performance of this Agreement. The
Town's obligations under this paragraph shall not extend to any Claims to the extent caused by
the negligence of the State, except the obligation does apply to any negligence of the Town
which may be legally imputed to the State by virtue of the State's ownership or possession of
land. The Town's obligations under this paragraph shall survive the termination of this
Agreement.
3. The State shall include Section 107.13 of the 2008 version of the Arizona Department of
Transportation Standard Specifications for Road and Bridge Construction, incorporated to this
Agreement by reference, in the State's contract with any and all contractors, of which the Town
shall be specifically named as a third .party beneficiary. This provision may not be amended
without the approval of the Town.
4. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act
of 2006 and associated 2008 Amendments (the "Act "Y. Additionally, in a timely manner, the
Town will provide information that is requested by the State to enable the State to comply with
the requirements of the Act, as may be applicable.
5. This Agreement shall become .effective upon signing and dating of the Determination Letter by
the State's Attorney General
6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38 -511.
7. To the extent applicable under la f1he provisions set forth in Arizona Revised Statutes §§ 35-
214 and 35 -215 shall apply to this Agreement.
8. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act
(Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the
Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive
Order Number 20b9 -09 issued by the Governor of the State of Arizona and incorporated in this
Agreement by reference regarding "Non- Discrimination ".
9. Non - Availability of Funds: Every obligation of the State under this Agreement is conditioned
upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If
funds are not allocated and available for the continuance of this Agreement, this Agreement
may be terminated by the State at the end of the period for which the funds are available. No
liability shall accrue to the State in the event this provision is exercised, and the State shall not
be obligated or liable for any future payments as a result of termination under this paragraph.
Marana Regular Council Meeting 11 /15/2016 Page 27 of 109
Page 5 IGA/JPA 16- 0006066 -I
10. In the event of any controversy, which may arise out of this Agreement, the Parties agree to
abide by required arbitration as is set forth for public works contracts in Arizona Revised
Statutes § 12 -1518.
11. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-
4401.
12. The Parties shall comply with the applicable requirements of Arizona Revised Statutes §35-
393.01.
13. The Parties shall comply with all applicable laws, rules, regulation's and ordinances, as may be
amended.
14. All notices or demands upon any Party to this Agreement shall be in writing and shall be
delivered in person or sent by mail, addressed as follows:
For Agreement Administration:
Arizona Department of Transportation
Joint Project Administration
205S. 17 Avenue, Mail Drop 637E
Phoenix, Arizona 85007
(602) 712 -7124
(602) 712 -3132 Fax
Town Hof Marana
Attn: Keith Brann
11555 West Civic Center Drive
Marana, Arizona 85653
(520) 382 -2629
For Project Administration:
Arizona Department of Transportation
Transportation Systems Management
& Operation
1221 S. 2ndA
Tucson, ArM a 85713
(520) 388 -4231
For Financial Administration:
Town of Marana
Attn: Scott Leska
11555 West Civic Center Drive
Marana, Arizona 85653
(520) 382 -1999
Arizona Department of Transportation Town of Marana
Transportation Systems Management Attn: Erik Montague
& Operation 11555 West Civic Center Drive
1221 S. 2nd Ave Marana, Arizona 85653
Tucson Arizona 85713 (520) 382 -1930
15. In accordance with Arizona Revised Statutes § 11 -952 (D) attached and incorporated in this
Agreement is the written determination of each Party's legal counsel that the Parties are
authorized under the laws of this State to enter into this Agreement and that the Agreement is
in proper form.
Marana Regular Council Meeting 11 /15/2016 Page 28 of 109
Page 6
I GA/J PA 16- 0006066 -I
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
TOWN OF MARANA
By
ED HONEA
Town Mayor
ATTEST:
By
JC
T
STATE OF ARIZONA
Department of Transportation
By
BRENT CAIN, P.E.
Division Director
Marana Regular Council Meeting 11 /15/2016 Page 29 of 109
IGA /JPA 16- 0006066 -I
ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA
I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona,
acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an
agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§
11 -951 through 11 -954 and declare this Agreement to be in proper form and within the powers and
...........
authority granted to the Town under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
DATED this
day of 1 201 .
"A&v -
Marana Regular Council Meeting 11 /15/2016 Page 30 of 109
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Council - Regular Meeting C4
Meeting Date: 11/15/2016
To: Mayor and Council
From: Lisa Shafer, Community Development Director
Date: November 15, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -124: Relating to the Police Department; approving and
authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona
Department of Homeland Security for purposes of receiving funds under the 2016
Operation Stonegarden Grant Program (Lisa Shafer)
Discussion:
The Town of Marana has been selected to participate in Operation Stonegarden activities in
southern Arizona. Operation Stonegarden is a federally funded program originating with the 2006
Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and
Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of
Marana an opportunity to participate and receive funding for the eighth straight year. The
program provides states the flexibility to use Department of Homeland Security grant funding to
enhance coordination among state and federal law enforcement agencies at and near the
U.S./Mexico border. The program requires states to identify and prioritize solutions to their border
security needs and provides funding to state and local agencies to implement the state's individual
goals and objectives.
For 2016 -2017, the Town was awarded $140,000 under a subgrantee agreement with the Arizona
Department of Homeland Security to support Operation Stonegarden. Funding will be used to
augment and support Border Patrol coverage of egress from the border areas with state, local and
tribal police agencies. Through participation in this operation, Marana will use its authority to
control the routes and reduce the propensity for cross - border crime in the area. Patrols will
concentrate on the 109 miles of arterial roadways serving as regional east -west connectors
between State Route 77 and I -10 and the more than 57 miles of rural, mostly two -lane roads
paralleling I -10 to the west.
Marana Regular Council Meeting 11 /15/2016 Page 32 of 109
The Marana Police Department's primary goals are to: (1) reduce crime in border communities to
improve the quality of life; (2) deter illegal entries through teamwork with other local and federal
agencies; (3) assist in apprehending terrorists and terrorist weapons illegally entering the United
States; and (4) coordinate operations with the Pima County Sheriff's Department and U.S. Border
Patrol (USBP) Tucson Sector. Marana, in cooperation with the Pima County Sheriff and U.S.
Border Patrol, will deploy officers along prime roadways prone to invoke illegal activity and
national security concerns.
Because Marana sits 60 miles from the Mexican Border and hosts segments of rural
transportation routes traditionally used to smuggle undocumented workers and drugs up from
Mexico, three specific areas will be targeted for Stonegarden activities:
Area one: S andario road from Emigh to Avra Valley.
Area two: Silverbell /Twin Peaks Corridor.
Area three: Discretionary area to provide flexibility to the Chief of Patrol, USBP.
To support this initiative Marana will deploy uniformed officers, a canine officer, and a supervisor
with supporting staffing from dispatch. These deployments will be conducted in coordination
with partnering agencies. Deployment dates will coincide with Operation COBIJA, Operation
Knight Hunter, "surge" dates identified by HIDTA, United States Border Patrol, ICE, and
internal /external intelligence information and trends. If contact and /or interaction are made with
certain "persons of interest," notification will be made to the Office of Customs and Border
Protection, U.S. Border Patrol or the appropriate agency. Deployments will be based on specific
threats which can be targeted and countered and shifts in illegal traffic patterns due to increased
enforcement actions.
These activities will be coordinated through the USBP. Marana will identify these shift times and
locations and address them accordingly. As an active participant in regional planning, emergency
operations, and homeland security initiatives, the Marana Police Department has been impacted
by increased contacts with illegal entrants and human and narcotics smugglers migrating through
the community as focused enforcement has caused a deviated travel pattern from the US Mexican
Border along the I -10 corridor.
Financial Impact:
Fiscal Year: 2017
Budgeted Y/N: Y
Amount: $140,000
Funding has been awarded to support overtime and mileage reimbursement ($140,000). There is
no match requirement from the Town for the funding.
Staff Recommendation:
Staff recommends approval of the Subgrantee Agreement with the Arizona Department of
Homeland Security for purposes of receiving funds under the 2016 Operation Stonegarden Grant
Program.
Marana Regular Council Meeting 11 /15/2016 Page 33 of 109
Suggested Motion:
I move to adopt Resolution No. 2016 -124 approving and authorizing the Town Manager to
execute a Subgrantee Agreement with the Arizona Department of Homeland Security for
purposes of receiving funds under the 2016 Operation Stonegarden Grant Program.
Attachments
Resolution No. 2016 -124
Grant Agreement
Marana Regular Council Meeting 11 /15/2016 Page 34 of 109
MARANA RESOLUTION NO. 2016-124
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE ARIZONA DE-
PARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UN-
DER THE 2016 OPERATION STONEGARDEN GRANT PROGRAM
WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning
matters involving Homeland and Border Security; and
WHEREAS the Marana Police Department is working with the Arizona Department of
Homeland Security, United States Border Patrol, and other community agencies as a regional
partner in the Operation Stonegarden Program; and
WHEREAS the Arizona Department of Homeland Security has awarded grant funding to
the Town for the provision of overtime pay and mileage for services provided in coordination
with the Operation Stonegarden Program; and
WHEREAS the Town Council finds that it is in the best interests of the community to en-
ter into a Subgrantee Agreement with the Arizona Department of Homeland Security to be eligi-
ble to receive funds related to the Operation Stonegarden Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Subgrantee Agreement 16- AZDOHS- OPSG- 160415 -01 between the Ari-
zona Department of Homeland Security and the Town of Marana, attached to and incorporated
by this reference in this resolution as Exhibit A, is hereby approved and the Town Manager 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 un-
dertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the Subgrantee Agreement.
00049604.DOCX /1
Marana Resolution No. 2016 -124
Marana Regular Council Meeting 11 /15/2016 Page 35 of 109
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15th day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2016 -124
Marana Regular Council Meeting 11 /15/2016
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
00049604.DOCX /1
Page 36 of 109
SUBRECIPIENT AGREEMENT
OPERATION STONEGARDEN GRANT PROGRAM
OVERTIME /MILEAGE
16- AZDOHS -OPSG-
Enter Subrecipient Agreement number above (e.g., 160XXX -XX)
Between
The Arizona Department of Homeland Security
And
Enter the name of the Subrecipient Agency above
WHEREAS, A.R.S. § 41 -4254 charges the Arizona Department of Homeland Security (AZDOHS) with
the responsibility of administering funds.
THEREFORE, it is agreed that the AZDOHS shall provide funding to the
(Subrecipient) for services under the terms of this Agreement (the "Agreement ").
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in
administering the distribution of homeland security grant funds to the Subrecipient, and to specify
the rights and responsibilities of the Subrecipient as the recipient of these funds.
II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS
This Agreement shall become effective on November 1, 2016 and shall terminate on
December 31, 2017. The obligations of the Subrecipient as described herein will survive
termination of this agreement.
III. DESCRIPTION OF SERVICES
The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient's
grant application titled "OPSG Overtime and Mileage" and funded at $ (as may
have been modified by the award letter) Enter Funded Amount above
IV. MANNER OF FINANCING
The AZDOHS shall under the U.S. Department of Homeland Security grant # EMW- 2016 -SS-
00119 -S01 and CFDA #97.067:
a) Provide up to
Paragraph III.
to the Subrecipient for services provided under
b) Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only
and is conditioned upon receipt of proof of payment and applicable, accurate and complete
reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the
Subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov.
Payments will be contingent upon receipt of all reporting requirements of the Subrecipient
under this Agreement.
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V. FISCAL RESPONSIBILITY
It is understood and agreed that the total amount of the funds used under this Agreement shall
be used only for the project as described in the application and award documentation. Therefore,
should the project not be completed, the subrecipient shall reimburse said funds directly to the
AZDOHS immediately. If the project is completed at a lower cost than the original budget called
for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually
spent by the subrecipient in accordance with the approved application. For any funds received
under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by
the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds
directly to the AZDOHS immediately.
VI. FINANCIAL AUDIT /PROGRAMMATIC MONITORING
The Subrecipient agrees to comply with the record - keeping requirements and other requirements
of A.R.S. § 35 -214 and § 35 -215.
a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par. 7501 - 7507), as
amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the Subrecipient
must have an annual audit conducted in accordance with 2 CFR 200 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards) if the
Subrecipient expends more than $750,000 from Federal awards. If the Subrecipient has
expended more than $750,000 in Federal dollars, a copy of the Subrecipient's audit report for
the previous fiscal year and subsequent years within the period of performance is due
annually to AZDOHS within nine (9) months of the Subrecipient's fiscal year end. Failure to
comply with any requirements imposed as a result of an audit will suspend the release of
funds by AZDOHS to Subrecipient until Subrecipient is in compliance with all such
requirements.
b) Subrecipients who do not expend more than $750,000 in Federal dollars in the previous fiscal
year and subsequent years within the period of performance must submit to AZDOHS via
audits(cD,azdohs.gov, a statement stating they do not meet the threshold and therefore do not
have to complete a Single Audit (formerly known as OMB Circular A -133 Audits of States,
Local Governments and Nonprofit Organizations).
c) Subrecipient will be monitored periodically by AZDOHS, both programmatically and
financially, to ensure that the project goals, objectives, performance requirements, timelines,
milestone completion, budgets, and other related program criteria are being met. Monitoring
will be accomplished through a combination of office -based reviews and on -site monitoring
visits. Monitoring can involve aspects of the work involved under this Agreement including but
not limited to the review and analysis of financial, programmatic, equipment, performance,
and administrative issues relative to each program and will identify areas where technical
assistance and other support may be needed. Subrecipient shall participate in and cooperate
with all such monitoring by AZDOHS, and shall provide access to all personnel, documents,
and other records as may be requested from time to time by AZDOHS. Subrecipient also
shall comply with all requests of AZDOHS that AZDOHS deems necessary to assure the
parties' compliance with their obligations under this Agreement.
VII. APPLICABLE FEDERAL REGULATIONS
The Subrecipient must comply with the Notice of Funding Opportunity (NOFO), Office of
Management and Budget Code of Federal Regulations (CFR) 2 CFR 200: Uniform Guidance.
The NOFO for this program is hereby incorporated into your award agreement by reference. By
accepting this award, the Subrecipient agrees that all allocation and use of funds under this grant
will be in accordance with the requirements contained in the NOFO.
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Where applicable and with prior written approval from AZDOHS /DHS /FEMA, HSGP Program
recipients using funds for construction projects must comply with the Davis -Bacon Act (40 U.S.C.
3141 et seq.). Recipients must ensure that their contractors or subcontractors for construction
projects pay workers no less than the prevailing wages for laborers and mechanics employed on
projects of a character similar to the contract work in the civil subdivision of the state in which the
work is to be performed. Additional information regarding compliance with the Davis -Bacon Act,
including Department of Labor (DOL) wage determinations, is available from the following website
http: / /www. dol. poi /compliance /laws /comp -dbra. htm.
National Incident Management System (NIMS)
The Subrecipient agrees to remain in compliance with National Incident Management System
(NIMS) implementation initiatives as outlined in the applicable NOFO.
Environmental Planning and Historic Preservation
The Subrecipient shall comply with Federal, State and Local environmental and historical
preservation (EHP) regulations, laws and Executive Orders as applicable. Subrecipients
proposing projects that have the potential to impact the environment, including but not limited to
construction of communication towers, modification or renovation of existing buildings, structures
and facilities, or new construction including replacement of facilities, must participate in the
DHS /FEMA EHP review process. The EHP review process involves the submission of a detailed
project description that explains the goals and objectives of the proposed project along with
supporting documentation so that DHS /FEMA may determine whether the proposed project has
the potential to impact environmental resources and /or historic properties. In some cases,
DHS /FEMA is also required to consult with other regulatory agencies and the public in order to
complete the review process. The EHP review process must be completed before funds are
released to carry out the proposed project. If ground disturbing activities occur during project
implementation, the Subrecipient must ensure monitoring of ground disturbance and if any
archeological resources are discovered, the Subrecipient shall immediately cease construction in
that area and notify FEMA, AZDOHS and the appropriate State Historic Preservation Office.
DHS /FEMA will not fund projects that are initiated without the required EHP review.
Additionally, all recipients are required to comply with DHS /FEMA EHP Policy Guidance. This
EHP Policy Guidance can be found in FP 108 - 023 -1, Environmental Planning and Historic
Preservation Policy Guidance, and FP 108.24.4, Environmental Planning and Historical
Preservation Policy.
Included within the above mentioned guidance documents are provisions for the following:
Consultants /Trainers /Training Providers
Invoices for consultants /trainers /training providers must include at a minimum: a description of
services; dates of services; number of hours for services performed; rate charged for services;
and, the total cost of services performed. Consultant /trainer /training provider costs must be
within the prevailing rates; must be obtained under consistent treatment with the procurement
policies of the Subrecipient and 2 CFR 200; and shall not exceed the maximum of $450 per day
per consultant/trainer /training provider unless prior written approval is granted by the AZDOHS.
In addition to the per day $450 maximum amount, the consultant /trainer /training provider may be
reimbursed reasonable travel, lodging, meal and incidental expenses not to exceed the State
rate. Itemized receipts are required for lodging and travel reimbursements. The Subrecipient will
not be reimbursed costs other than travel, lodging, meals and incidentals on travel days for
consultants /trainers /training providers.
Contractors /Subcontractors
The Subrecipient may enter into written subcontract(s) for performance of certain of its functions
under the Agreement in accordance with terms established in 2 CFR 200 and the NOFO. The
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Subrecipient agrees and understands that no subcontract that the Subrecipient enters into with
respect to performance under this Agreement shall in any way relieve the Subrecipient of any
responsibilities for performance of its duties. The Subrecipient shall give the AZDOHS immediate
notice in writing by certified mail of any action or suit filed and prompt notice of any claim made
against the Subrecipient by any subcontractor or vendor which, in the opinion of the Subrecipient,
may result in litigation related in any way to this Agreement.
Travel Costs
All grant funds expended for travel, lodging, meals and incidentals must be consistent with the
subrecipient's policies and procedures; and the State of Arizona Accounting Manual (SRAM);
must be applied uniformly to both federally financed and other activities of the agency; and will be
reimbursed at the most restrictive allowability and rate. At no time will the Subrecipient's
reimbursement(s) exceed the State rate established by the Arizona Department of Administration,
General Accounting Office Travel Policies: https: / /gao.az..gov
Procurement
The Subrecipient shall comply with of its own procurement rules /policies and must also comply
with Federal procurement rules /policies (including but not limited to those outlined in section VII of
this Agreement) and all Arizona State procurement code provisions and rules. The Federal intent
is that all Homeland Security Funds are awarded competitively. The Subrecipient shall not enter
into a Noncompetitive (Sole or Single Source) Procurement Agreement, unless prior written
approval is granted by the AZDOHS. The Noncompetitive Procurement Request Form and
instructions are located on the AZDOHS website: www.azdohs.gov /grants.
Training and Exercise
The Subrecipient agrees that any grant funds used for training and exercise must be in compliance with
the applicable NOFO. All training must be approved through the ADEM /AZDOHS training request
process prior to execution of training contract(s). All exercises must utilize and comply with the FEMA
Homeland Security Exercise and Evaluation Program (HSEEP) guidance for exercise design,
development, conduct, evaluation and reporting. Subrecipient agrees to:
a) Submit an exercise summary and attendance /sign -in roster to AZDOHS with all exercise
reimbursement requests as outlined in section X.
b) Within 90 days of completion of an exercise, or as prescribed by the most current HSEEP
guidance, the exercise host Subrecipient is required to email the After Action
Report/Improvement Plan (AAR /IP) to the local County Emergency Manager, the AZDOHS
Strategic Planner, and the Arizona Department of Emergency and Military Affairs (DEMA)
Exercise Branch.
Nonsupplanting Agreement
The Subrecipient shall not use funds received under this Agreement to supplant Federal, State or
Local funds or other resources that would otherwise have been made available for this
program /project. The Subrecipient may be required to demonstrate and document that a
reduction in non - Federal resources occurred for reasons other than the receipt of expected
receipt of Federal funds. Further, if a position created by a grant is filled from within, the vacancy
created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty
(30) days, the Subrecipient must stop charging the grant for the new position. Upon filling the
vacancy, the Subrecipient may resume charging for the grant position.
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E- Verify
Compliance requirements for A.R.S. § 41 -4401 immigration laws and E- Verify requirement.
a) The Subrecipient warrants its compliance with all State and Federal immigration laws and
regulations relating to its employees and to employees of any contractor or subcontractor
retained through Subrecipient to provide goods or services related to this Agreement,
including but not limited to A.R.S. § 23 -214, Subsection A (that subsection reads: "After
December 31, 2007, every employer, after hiring an employee, shall verify the employment
eligibility of the employee through the E- Verify program").
b) A breach of a warranty by Subrecipient regarding compliance with immigration laws and
regulations shall be deemed a material breach of this Agreement and the Subrecipient may
be subject to penalties to be determined at AZDOHS's discretion, up to and including
termination of this Agreement.
c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who
works on the Agreement, and to those of any employee of any contractor or subcontractor
retained through Subrecipient to provide goods or services related to this Agreement, to
ensure that the Subrecipient is complying with the warranty under paragraph (a) above.
Property Control
Effective control and accountability must be maintained by Subrecipient for all property /equipment
purchased under this Agreement. The Subrecipient must adequately safeguard all such
property /equipment and must assure that it is used for authorized purposes as described in the
NOFO, grant application, and Code of Federal Regulations 2 CFR 200. The Subrecipient shall
exercise caution in the use, maintenance, protection and preservation of such property.
a) Property /equipment shall be used by the Subrecipient in the program or project for which it
was acquired as long as needed, whether or not the program or project continues to be
supported by federal grant funds. Subrecipient is required to maintain and utilize equipment
as outlined in 2 CFR 200.313 - Equipment. Any loss, damage, or theft shall be investigated
and reported to the AZDOHS.
b) Nonexpendable Property /Equipment and Capital Assets:
1. Nonexpendable Property /Equipment is property which has a continuing use, is not
consumed in use, is of a durable nature with an expected service life of one or more
years, has an acquisition cost of $5,000 (Five Thousand Dollars) or more, and does not
become a fixture or lose its identity as a component of other equipment or systems.
2. A Capital Asset is any personal or real property, or fixture that has an acquisition cost of
$5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year.
c) A Property Control Form (if applicable) shall be maintained for the entire scope of the
program or project for which property was acquired through the end of its useful life and /or
disposition. All Nonexpendable Property and Capital Assets must be included on the Property
Control Form. The Subrecipient shall provide AZDOHS a copy of the Property Control Form
with the final quarterly programmatic report. A Property Control Form can be located at
www.azdohs.pov. The Subrecipient agrees to be subject to equipment monitoring and
auditing by state or federal authorized representatives to verify information.
d) A physical inventory of Nonexpendable Property /Equipment and Capital Assets must be
taken and the results reconciled with the Property Control Form at least once every two years.
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1. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft shall be investigated and
reported to AZDOHS.
2. Adequate maintenance procedures must be developed to keep the property in good
condition.
e) When Nonexpendable Property /Equipment and /or Capital Assets are no longer in operational
use by the Subrecipient, an updated Property Control Form must be submitted to AZDOHS
immediately. The disposition of equipment shall be in compliance with the AZDOHS
Disposition Guidance and 2 CFR 200. If the Subrecipient is requesting disposition of Capital
Assets for reasons other than theft, destruction, or loss, the subrecipient must submit an
Equipment Disposition Request Form and receive approval prior to the disposition. The
Equipment Disposition Request Form can be found at www.azdohs..gov
Allowable Costs
The allowability of costs incurred under this agreement shall be determined in accordance with
the general principles of allowability and standards for selected cost items as set forth in the
applicable Code of Federal Regulations, authorized equipment lists, and guidance documents
referenced above.
a) The Subrecipient agrees that grant funds for any indirect costs that may be incurred are in
accordance with 2 CFR 200 and the NOFO.
b) The Subrecipeint agrees that grant funds are not to be expended for any Management and
Administrative (M &A) costs that may be incurred by the Subrecipient for administering these
funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in
compliance with the applicable NOFO.
VIII. DEBARMENT CERTIFICATION
The Subrecipient agrees to comply with the Federal Debarment and Suspension regulations as
outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion — Lower Tier Covered Transactions." All recipients must comply with Executive Orders
12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or
suspending those persons deemed irresponsible in their dealings with the Federal government.
Ix. FUNDS MANAGEMENT
The Subrecipient must maintain funds received under this Agreement in separate ledger
accounts and cannot mix these funds with funds from other sources. The Subrecipient must
manage funds according to applicable Federal regulations for administrative requirements, costs
principles, and audits.
The Subrecipient must maintain adequate business systems to comply with Federal
requirements. The business systems that must be maintained are:
• Financial Management
• Procurement
• Personnel
• Property
• Travel
A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar
circumstances; and 3) consistently applied — it applies to all sources of funds.
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X. REPORTING REQUIREMENTS
Regular reports by the Subrecipient shall include:
a) Programmatic Reports
The Subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen
(15) working days of the last day of the quarter in which services are provided. The
Subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic
reports. The report shall contain such information as deemed necessary by the AZDOHS.
The Subrecipient shall use the Quarterly Programmatic Report form, which is posted at
www.azdohs.gov. If the scope of the project has been fully completed and implemented, and
there will be no further updates, then the quarterly programmatic report for the quarter in
which the project was completed will be sufficient as the final report. The report should be
marked as final and should be inclusive of all necessary and pertinent information regarding
the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be
submitted to the AZDOHS until the entire scope of the project is completed.
b) Quarterly Programmatic Reports are due:
January 15 (for the period from October 1— December 31)
April 15 (for the period from January 1 —March 31)
July 15 (for the period from April 1 —June 30)
October 15 (for the period from July 1 — September 30)
c) Final Quarterly Report:
The final quarterly report is due no more than fifteen (15) days after the end of the
performance period. Subrecipient may submit a final quarterly report prior to the end of the
performance period if the scope of the project has been fully completed and implemented. The
Property Control Form is due with the final quarterly report (if applicable).
d) Property Control Form — if applicable:
The Subrecipient shall provide the AZDOHS a copy of the Property Control Form with the
final quarterly report.
a. In case of equipment disposition:
The Property Control Form shall be updated and a copy provided to AZDOHS no
more than forty -five (45) calendar days after equipment disposition, if applicable. The
disposition of equipment must be in compliance with the AZDOHS Disposition
Guidance and 2 CFR 200.313.
e) Financial Reimbursements
The Subrecipient shall provide AZDOHS request for reimbursement as frequently as
monthly but not less than quarterly. Reimbursement requests are only required when
expenses have been incurred. Reimbursement requests shall be submitted with the
Reimbursement Form provided by the AZDOHS staff. The Subrecipient shall submit a final
reimbursement request for expenses received and invoiced prior to the end of the termination
of this Agreement no more than forty -five (45) calendar days after the end of the
Agreement. Requests for reimbursement received by AZDOHS later than forty -five (45) days
after the Agreement termination will not be paid. The final reimbursement request as
submitted shall be marked as final.
The AZDOHS requires that all requests for reimbursement are submitted via United States
Postal Service, Fed Ex, UPS, etc. or in person. Reimbursement requests submitted via fax or
by any electronic means will not be accepted.
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The AZDOHS reserves the right to request and /or require any supporting documentation
and /or information it feels necessary in order to process reimbursements. Subrecipient shall
promptly provide AZDOHS with all such documents and /or information.
All reports shall be submitted to the contact person as described in Paragraph XXXVII, NOTICES,
of this Agreement.
XI. ASSIGNMENT AND DELEGATION
The Subrecipient may not assign any rights hereunder without the express, prior written consent
of both parties.
XII. AMENDMENTS
Any change in this Agreement including but not limited to the Description of Services and budget
described herein, whether by modification or supplementation, must be accomplished by a formal
Agreement amendment signed and approved by and between the duly authorized representative
of the Subrecipient and the AZDOHS. In the event of any new legislation, laws, ordinances, or
rules affecting this Agreement, the parties agree that the terms of this Agreement shall
automatically incorporate the terms of such new legislation, laws, ordinances, or rules.
Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the
amount of the Subrecipient's compensation, if applicable; 3) be titled as an "Amendment," and 4)
be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and
explicitly understands and agrees that no other method of communication, including any other
document, correspondence, act, or oral communication by or from any person, shall be used or
construed as an amendment or modification or supplementation to this Agreement.
XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES
Article A — Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to this Agreement after it has been
entered into, including changes to period of performance or terms and conditions, the
Subrecipient will be notified of the changes in writing. Once notification has been made, any
subsequent request for funds by Subrecipient will constitute Subrecipient's acceptance of the
changes to this Agreement and the incorporation of such changes into this Agreement.
Article 6 - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired in conjunction with this Agreement by the
Subrecipient is no longer needed for the original project or program or for other activities currently
or previously supported by DHS /FEMA, the Subrecipient must request instructions from
DHS /FEMA via AZDOHS to make proper disposition of the equipment pursuant to 2 CFR §
200.313.
Article C - DHS Specific Acknowledgements and Assurances
Subrecipient hereby acknowledges and agrees and agrees to require any contractors,
successors, transferees, and assignees acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and
staff .
1. Subrecipient hereby agrees to cooperate with any compliance review or complaint
investigation conducted by DHS.
2. Subrecipient hereby agrees to give DHS access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program guidance.
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3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to support the
reports.
4. Subrecipient hereby agrees to comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
5. If, during the past three years, the Subrecipient has been accused of discrimination on the
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status, the Subrecipient shall provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement agreements
to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties
(CRCL) by email at crcl(�hg.dhs.gov or by mail at U.S. Department of Homeland Security
Office of Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C.
20528.
6. In the event any court or administrative agency makes a finding of discrimination by
Subrecipient (or any of its contractors or subcontractors involved in providing goods or
services under this Agreement) on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against the recipient, or
the recipient settles a case or matter alleging such discrimination, Subrecipient must forward
a copy of the complaint and findings to the DHS financial assistance office and the CRCL
office by email or mail at the addresses listed above.
Subrecipient hereby acknowledges and agrees that the United States has the right to seek
judicial enforcement of these obligations.
Article D - Use of DHS Seal, Logo and Flags
Subrecipient hereby acknowledges that it must obtain DHS's approval prior to using the DHS
seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including
use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of
Coast Guard officials.
Article E - USA Patriot Act of 2001
Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c.
Article F - Trafficking Victims Protection Act of 2000
Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the
government -wide award term which implements Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). The award term is located at 2
CFR Part 175.
Article G - Lobbying Prohibitions
The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. § 1352,
and acknowledges and agrees that none of the funds provided under this Agreement may be
used to pay any person to influence, or attempt to influence an officer or employee of any agency
(whether State or Federal), a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any Federal action concerning the award
or renewal.
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Article H - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a),
the Subrecipient hereby acknowledges and agrees that it must ensure that all conference,
meeting, convention, or training space funded in whole or in part with Federal funds complies with
the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974,
15 U.S.C. §2225.
Article I -Fly America Act of 1974
The Subrecipient hereby acknowledges and agrees that it must comply with the following
Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement,
which states preference for the use of U.S. flag air carriers (air carriers holding certificates under
49 U.S.C. §41102) for international air transportation of people and property to the extent that
such service is available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to Comptroller
General Decision 6138942.
Article J - Federal Debt Status
The Subrecipient hereby acknowledges and agrees that it is required to be non - delinquent in their
repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances, and benefit overpayments. See OMB Circular A -129.
Article K -False Claims Act and Program Fraud Civil Remedies
The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of
31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim
for payment. See also 38 U.S.C. § 3801 -3812 which details the administrative remedies for false
claims and statements made.
Article L - Duplication of Benefits
Any cost allocable to a particular Federal award, provided for in 2 CFR Part 200, Subpart E may
not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions
imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for
other reasons. However, this prohibition would not preclude a Subrecipient form shifting costs
that are allowable under two or more Federal awards in accordance with existing Federal
statutes, regulations, or the terms and conditions of the Federal award.
Article M -Drug -Free Workplace Regulations
The Subrecipient hereby acknowledges and agrees that it must comply with the Drug -Free
Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving
grants from any Federal agency agree to maintain adrug -free workplace. These regulations are
codified at 2 CFR 3001.
Article N - Copyright
The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright
notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship
(including award number) to any work first produced under Federal financial assistance awards.
Article O - Best Practices for Collection and Use of Personally Identifiable Information (PII)
The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a
publicly - available privacy policy that describes what PII they collect, how they use the PII,
whether they share PII with third parties, and how individuals may have their PII corrected where
appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template respectively.
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Article P - Activities Conducted Abroad
The Subrecipient hereby acknowledges and agrees that it must ensure that project activities
carried on outside the United States are coordinated as necessary with appropriate government
authorities and that appropriate licenses, permits, or approvals are obtained.
Article Q - Acknowledgement of Federal Funding from DHS
The Subrecipient hereby acknowledges and agrees that it must acknowledge its use of federal
funding when issuing statements, press releases, requests for proposals, bid invitations, and
other documents describing projects or programs funded in whole or in part with Federal funds.
Article R - Assurances, Administrative Requirements and Cost Principles, and Audit
Requirements
The Subrecipient hereby acknowledges and agrees that it must complete OMB Standard Form
4248 Assurances — Non - Construction Programs. Certain assurances in this document may not
be applicable to this Agreement, and the awarding agency may require applicants to certify
additional assurances. Please contact the program awarding office if you have any questions.
Article S -Age Discrimination Act of 1975
The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of
the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on
the basis of age in any program or activity receiving Federal financial assistance.
Article T - Americans with Disabilities Act of 1990
The Subrecipient hereby acknowledges and agrees that it shall comply with all State and Federal
equal opportunity and non - discrimination requirements and conditions of employment, including
but not limited to Arizona Executive Order 2009 -9 and the requirements of Titles I, II, and III of the
Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12101 - 12213).
Article U - Civil Rights Act of 1964 - Title VI
The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and
44 CFR Part 7, which provides that no person in the United States will, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
Article V - Civil Rights Act of 1968
The Subrecipient hereby acknowledges and agrees that it must comply with Title VIII of the Civil
Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing,
and advertising of dwellings, or in the provision of services in connection therewith, on the basis
of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et
seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part
100. The prohibition on disability discrimination includes the requirement that new multifamily
housing with four or more dwelling units i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground -floor units in buildings without
elevators) be designed and constructed with certain accessible features (see 24 CFR §
100.201).
Article W - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
The Subrecipient hereby acknowledges and agrees that it must comply with the Title VI of the
Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin,
which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to persons with Limited English Proficiency (LEP) to their programs and
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services. For additional assistance and information regarding language access obligations,
please refer to the DHS Recipient Guidance https://www.dhs.gov/quidance- published -help-
department- supported - organizations provide - meaningful- accesspeople - limited and additional
resources on http: / /www.lep..gov
Article X - SAFECOM
The Subrecipient hereby acknowledges and agrees that recipients who receive awards made
under programs that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Article Y - Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX
The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no
person in the United States will, on the basis of sex, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any educational program or activity
receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44
CFR Part 19.
Article Z - Rehabilitation Act of 1973
The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that
no otherwise qualified handicapped individual in the United States will, solely by reason of the
handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance. These
requirements pertain to the provision of benefits or services as well as to employment.
Article AA - Energy Policy and Conservation Act
The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of
42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article AB - Patents and Intellectual Property Rights
Unless otherwise provided by law, the Subrecipient hereby acknowledges and agrees that it is
subject to the Bayh -Dole Act, Pub. L. No. 96 -517, as amended, and codified in 35 U.S.C. § 200 et
seq., and that it is subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance awards are in 37
CFR Part 401 and the standard patent rights clause in 37 CFR § 401.14.
Article AC - Procurement of Recovered Materials
The Subrecipient hereby acknowledges and agrees that it must comply with section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and
that the requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
Article AD - Terrorist Financing
The Subrecipient hereby acknowledges and agrees that it must comply with U.S. Executive Order
13224 and U.S. law that prohibit transactions with, and the provisions of resources and support
to, individuals and organizations associated with terrorism. It is the legal responsibility of the
Subrecipient to ensure compliance with the Order and laws.
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Article AE - Whistleblower Protection Act
The Subrecipient hereby acknowledges and agrees that it must comply with the statutory
requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712,
and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
Article AF - Reporting of Matters Related to Recipient Integrity and Performance
If the total value of your currently active grants, cooperative agreements, and procurement
contracts from all Federal assistance offices exceeds $10,000,000 for any period of time during
the period of performance of this Federal award, you must comply with the requirements set forth
in the government -wide Award Term and Condition for Recipient Integrity and, Performance
Matters located at 2 CFR Part 200 Appendix XI I . , the full text of which is incorporated here by
reference in the terms and conditions of your award.
Article AG - Reporting Subawards and Executive Compensation
All recipients are required to comply with the requirements set forth in the government -wide
Award Term on Reporting Subawards and Executive Compensation located at 2 CFR Part 170,
Appendix A , the full text of which is incorporated here by reference in the terms and conditions of
your award.
Article AH - Federal Leadership on Reducing Text Messaging while Driving
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving
as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order
when on official Government business or when performing any work for or on behalf of the federal
government.
XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, all services under this Agreement shall be
performed within the borders of the United States. All storage and processing of information shall
be performed within the borders of the United States. This provision applies to work performed
by the Subrecipient's contractors and subcontractors at all tiers.
XV. AGREEMENT RENEWAL
This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in
excess of the original Agreement period.
XVI. RIGHT TO ASSURANCE
If the AZDOHS in good faith has reason to believe that the Subrecipient does not intend to, or is
unable to perform or continue performing under this Agreement, the AZDOHS may demand in
writing that the Subrecipient give a written assurance of intent to perform. If the Subrecipient fails
to provide written assurance within the number of days specified in the demand, the AZDOHS at
its option may terminate this Agreement.
XVII. CANCELLATION FOR CONFLICT OF INTEREST
The AZDOHS may, by written notice to the Subrecipient, immediately cancel this Agreement
without penalty or further obligation pursuant to A.R.S. § 38 -511 if any person significantly
involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the
State or its subdivisions (unit of Local Government) is an employee or agent of any other party in
any capacity or a consultant to any other party to the Agreement with respect to the subject
matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement
receive written notice from the AZDOHS, unless the notice specifies a later time.
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XVIII. THIRD PARTY ANTITRUST VIOLATIONS
The Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from
antitrust violations to the extent that such violations concern materials or services supplied by
third parties to Subrecipient toward fulfillment of this Agreement.
XIX. AVAILABILITY OF FUNDS
Every payment obligation of the AZDOHS under this Agreement is conditioned upon the
availability of funds appropriated or allocated for the payment of such obligations under A.R.S. §
35 -154. If the funds are not allocated and available for the continuance of this Agreement, the
AZDOHS may terminate this Agreement at the end of the period for which funds are available.
No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS
shall not be obligated or liable for any future payments or for any damages as a result of
termination under this paragraph, including purchases and /or contracts entered into by the
Subrecipient in the execution of this Agreement.
XX. FORCE MAJEURE
If either party hereto is delayed or prevented from the performance of any act required in this
Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other
causes without fault and beyond the control of the party obligated, performance of such act will be
excused for the period of the delay.
XXII. PARTIAL INVALIDITY
Any term or provision of this Agreement that is hereafter declared contrary to any current
or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken
from this Agreement without impairing the validity of the remainder of this Agreement.
XXII. ARBITRATION
In the event of any dispute arising under this Agreement, written notice of the dispute must be
provided to the other party within thirty (30) days of the events giving the rise to the dispute. Any
claim made by or against the State or any of its political subdivisions (including but not limited to
AZDOHS) relating to this Agreement shall be resolved through the administrative claims process.
In the event that the parties would otherwise be in court and /or if A.R.S. § 12 -1518 applies, the
parties shall proceed in arbitration through the American Arbitration Association ( "AAA "), with the
arbitrator to be selected pursuant to AAA rules and the arbitration to be conducted according to
the applicable AAA rules, and with the costs of arbitration (including but not limited to the
arbitrator's fees and costs) to be divided 50/50 between the parties, subject to reallocation
between the parties by the arbitrator. In the event that the parties become involved in litigation
with each other relating to this Agreement for any reason in any other forum, both parties agree to
have any claim(s) resolved in arbitration on the terms set forth in this part XXII. Any arbitration
award may be enforced through the Maricopa County Superior Court or the U.S. District Court
located in Phoenix, Arizona.
XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION
a) This Agreement shall be governed and interpreted in accordance with the laws of the State of
Arizona.
b) This Agreement is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the trade shall
supplement or explain any terms in this document.
c) Either party's failure to insist on strict performance of any term or condition of the Agreement
shall not be deemed a waiver of that term or condition even if the party accepting or
acquiescing in the nonconforming performance knows of the nature of the performance and
fails to object.
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XXIV. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties hereto pertaining to the
subject matter hereof and may not be changed or added to except by a writing signed by all
parties hereto in conformity with Paragraph XII, AMENDMENTS. The Subrecipient agrees to
comply with any such amendment within ten (10) business days of receipt of a fully executed
amendment. All prior and contemporaneous agreements, representations, and understandings of
the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or
merged herein.
XXV. LICENSING
The Subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses,
permits, and authority necessary to perform those acts it is obligated to perform under this
Agreement.
XXVI. SECTARIAN REQUESTS
Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or
activity, including sectarian worship or instruction in violation of the United States or Arizona
Constitutions.
XXVII. ADVERTISING AND PROMOTION OF AGREEMENT
The Subrecipient shall not advertise or publish information for commercial benefit concerning this
Agreement without the written approval of the AZDOHS.
XXVIII. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL
The AZDOHS reserves the right to review and approve any publications funded or partially
funded through this Agreement. All publications funded or partially funded through this
Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The
U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to
reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this
Agreement.
The Subrecipient agrees that any report, printed matter, or publication (written, visual, or sound,
but excluding press releases, newsletters, and issue analyses) issued by the Subrecipient
describing programs or projects funded in whole or in part with Federal funds shall contain the
following statement:
"This document was prepared under a grant from the U.S. Department of
Homeland Security. Points of view or opinions expressed in this document are
those of the authors and do not necessarily represent the official position or
policies of the U.S. Department of Homeland Security."
The Subrecipient also agrees that one copy of any such publication, report, printed matter, or
publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate
to other potential subrecipients or interested parties. The AZDOHS may waive the requirement
for submission of any specific publication upon submission of a request providing justification
from the Subrecipient.
The AZDOHS and the Subrecipient recognize that research resulting from this Agreement has
the potential to become public information. However, prior to the termination of this Agreement,
the Subrecipient agrees that no research -based data resulting from this Agreement shall be
published or otherwise distributed in any form without express written permission from the
AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any
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report or printed matter completed as a part of this agreement is a work for hire and shall not be
copyrighted by the Subrecipient.
XXIX. CLOSED - CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS
Any television public service announcement that is produced or funded in whole or in part by the
Subrecipient shall include closed captioning of the verbal content of such announcement.
XXX. INDEMNIFICATION
Each party (as "Indemnitor ") agrees to defend, indemnify, and hold harmless the other party (as
"Indemnitee ") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "Claims ") arising out of bodily
injury of any person (including death) or property damage, but only to the extent that such Claims
which result in vicarious /derivative liability to the Indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees,
or volunteers. The State of Arizona, (AZDOHS) is self- insured per A.R.S. 41 -621.
In addition, should Subrecipient utilize a contractor(s) and subcontractor(s), the indemnification
clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following:
Contractor shall defend, indemnify, and hold harmless the (insert name of other
governmental entity) and the State of Arizona, and anyjurisdiction or agency issuing any
permits for any work arising out of this Agreement, and its departments, agencies, boards,
commissions, universities, officers, officials, agents, and employees (hereinafter referred
to as "Indemnitee') from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys' fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as "Claims') for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of the contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising
out of or recovered under the Workers' Compensation Law or arising out of the failure of
such contractor to conform to any federal, state or local law, statute, ordinance, rule,
regulation or court decree. It is the specific intention of the parties that the Indemnitee
shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by such contractor from and against any and
all claims. It is agreed that such contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
Additionally on all applicable insurance policies, contractor and its subcontractors shall
name the State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as an additional insured and also
include a waiver of subrogation in favor of the State.
XXXI. TERMINATION
a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of
the Subrecipient or AZDOHS to comply with any term or condition of the Agreement, to
acquire and maintain all required insurance policies, bonds, licenses, and permits or to make
satisfactory progress in performing the Agreement. The staff of either party shall provide a
written thirty (30) day advance notice of the termination and the reasons for it.
b) If the Subrecipient chooses to terminate the Agreement before the grant deliverables have
been met then the AZDOHS reserves the right to collect all reimbursements distributed to the
Subrecipient.
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c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner
that it deems appropriate, materials or services to replace those under this Agreement. The
Subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in
procuring materials or services in substitution for those due from the Subrecipient.
XXXII. CONTINUATION OF PERFORMANCE THROUGH TERMINATION
The Subrecipient shall continue to perform, in accordance with the requirements of the
Agreement, up to the date of termination, as directed in the termination notice.
XXXIII. PARAGRAPH HEADINGS
The paragraph headings in this Agreement are for convenience of reference only and do not
define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this
Agreement or any of its provisions.
XXXIV. COUNTERPARTS
This Agreement may be executed in any number of counterparts, copies, or duplicate originals.
Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively
they shall constitute one agreement.
XXXV. AUTHORITY TO EXECUTE THIS AGREEMENT
Each individual executing this Agreement on behalf of the Subrecipient represents and warrants
that he or she is duly authorized to execute this Agreement.
XXXVI. SPECIAL CONDITIONS
a) The Subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principles, and Audit requirements.
b) The Subrecipient acknowledges that the U.S. Department of Homeland Security and the
AZDOHS reserve a royalty -free, non - exclusive, and irrevocable license to reproduce, publish,
or otherwise use, and authorize others to use, for Federal government purposes: (a) the
copyright in any work developed under an award or sub - award; and (2) any rights of copyright
to which a subrecipient purchases ownership with Federal support. The Subrecipient shall
consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are
purchased with, this funding.
c) The Subrecipient agrees to cooperate with any assessments, state /national evaluation efforts,
or information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this agreement.
d) The Subrecipient is prohibited from transferring funds between programs (e.g., State
Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden).
XXXVII. NOTICES
Any and all notices, requests, demands, or communications by either party to this Agreement,
pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or
shall be sent to the respective parties at the following addresses:
Arizona Department of Homeland Security
1700 West Washington Street, Suite 210
Phoenix, AZ 85007
The Subrecipient shall address all programmatic and reimbursement notices relative to this
Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov
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The AZDOHS shall address all notices relative to this Agreement to:
Community Development Director, L isa Shafer
Enter Title, First & Last Name Above
Town of Ma rana
Enter Agency Name Above
11555 W. Civic Cen D rive
Enter Street Address Above
Marana, AZ 85653
Enter City, State, ZIP Above
XXXVI I I. IN WITNESS WHEREOF
The parties hereto agree to execute this Agreement.
FOR AND BEHALF OF THE
Town of Marana
FOR AND BEHALF OF THE
Arizona Department of Homeland Security
Enter Agency Name Above
Authorized Signature Above Gilbert M. Orrantia
Gilbert Davidson, Town Manager Director
Print Name & Title Above
11/16/2016
Enter Date Above
Date
(Complete and mail two original documents to the Arizona Department of Homeland Security.)
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N O 0 /
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4 0
Council - Regular Meeting C5
Meeting Date: 11/15/2016
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: November 15, 2016
Subject: Approval of Regular Council Meeting Minutes from November 1, 2016 (Jocelyn
C. Bronson)
Attachments
Draft Regular Council Meeting Minutes 11/0 1 /2016
Marana Regular Council Meeting 11 /15/2016 Page 55 of 109
1 7
� MARANA �
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 1, 2016, 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
V6.
II qVI
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:03
p.m. Town Clerk Bronson called roll. All Council Members were present.
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Bowen. Passed unanimously.
CALL TO THE PUBLIC. Richard Chamberlain, Patricia Smallsread, Richard
Sponenbergh, Kelly Cutlip, all residents on West Horizon Ridge Drive, in Canyon Pass, which
abuts the proposed development of the Tapestry property to the south. All speakers presented
their concerns regarding the proposed Tapestry development. Randy Shepherd, a resident of
The Bluffs, spoke requesting that the Council reject this proposed rezoning.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS.
Council Members Ziegler and McGorray reported on the Dove Mountain in the Park event
held October 22 They both acknowledged and thanked Don and Georgia Duncan for the many
November 1 2016 Regular Council Meeting Minutes 1
Marana Regular Council Meeting 11 /15/2016 Page 56 of 109
hours of work they put into the event. Council Member Kai reported on the Airport's open
house event, held October 29 1h .
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson reported that the Council Executive Report for October would be available next
week.
PRESENTATIONS
CONSENT AGENDA. Motion to approve by Council Member Ziegler, second by Council
Member McGorray. Passed unanimously.
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.
C1 Resolution No. 2016 -116: Relating to Elections; approving and authorizing the Mayor to
execute an intergovernmental agreement between the Town of Marana and Pima County for
election services for the period of January 1, 2017 through December 31, 2021 (Jane Fairall)
C2 Resolution No. 2016 -117: Relating to Parks and Recreation; approving and authorizing
the Mayor to execute an agreement between the Town of Marana and Desert Bluegrass
Association regarding the planning, development and presentation of the 2017 Marana
Bluegrass Festival (Cynthia Nemeth- Briehn)
C3 Resolution No. 2016 -118: Relating to Police Department; approving and authorizing the
Chief of Police to execute the State Plan of Operations Between the State of Arizona and the
Marana Police Department for participation in the U.S. Department of Defense LESO
Program (Libby Shelton)
C4 Approval of Study Session Meeting Minutes from October 11, 2016 and approval of
Regular Council Meeting Minutes from October 18, 2016 (Jocelyn C. Bronson)
LIQUOR LICENSES
L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a New License Series #12 Restaurant liquor license application
submitted by Rong Yun Zheng on behalf of New Town Buffet located at 8500 N. Cracker Barrel
Road, Marana, Arizona 85743 (Jocelyn C. Bronson). Ms. Bronson noted that the application had
been properly reviewed and posted and that staff was recommending approval. Motion to
approve by Vice Mayor Post, second by Council Member Kai. Passed unanimously.
BOARDS, COMMISSIONS AND COMMITTEES
November 1 2016 Regular Council Meeting Minutes 2
Marana Regular Council Meeting 11 /15/2016 Page 57 of 109
COUNCIL ACTION
Al PUBLIC HEARING: Ordinance No. 2016.021 Relating to Development;
amending the Marana Land Development Code Title 16 (Signs), Section 16- 14 -37,
adding provisions for Road Construction Area Signs, temporary signs for existing land uses
located within a commercial or industrial zoning district and within an area subject to long -term
or substantial roadway construction activity; and establishing an effective date (Brian D.
Varney)
Resolution No. 2016 -119 Relating to Development; declaring as a public record filed
with the Town Clerk the amendments adopted by Ordinance No. 2016.021, amending the
Marana Land Development Code Title 16 (Signs), Section 16- 14 -37, adding provisions for
Road Construction Area Signs, temporary signs for existing land uses located within a
commercial or industrial zoning district and within an area subject to long -term or substantial
roadway construction activity (Brian D. Varney)
Ryan Mahoney, Development Services Director, presented this item after Mayor Honea
opened the public hearing. Mr. Mahoney reminded Council that this had been brought to their
attention at a previous work session. This change would help to alleviate some of the issues the
traveling public may encounter during construction events. This was spurred by the closure of
the traffic interchange at I -10 /Ina Road. The one in question this evening is to allow for
temporary signage which would extend beyond Ina to other construction projects with similar
impact in the future. Businesses would be able to display a temporary sign per frontage on their
own property totaling 40 square feet for each sign. In addition, they would be able to have an A-
frame sign within 20 feet of the building that they rent or own. This would especially help those
businesses along Ina Road which are located behind other buildings. Staff recommends approval.
Mr. Mahoney also noted that Ramon Armenta in the Communications department came up with
a branding program that the town would put up in our own right -of -way, letting people know that
businesses are open to come eat, shop and play. In addition, the town would be able to distribute
a five -by -five notecard to all of the businesses, letting them know that a change has occurred
within the town code. This could also be distributed during a business walk with the Chamber of
Commerce, and could be a big benefit to them. The card would say here is the link to our
website; fill out an application at no charge for the sign and within 24 hours they would have an
approval as long as they met the size requirements. It's a great way to let people know about
these services and that they are available to them. There were no speakers who wished to
address this item. Mayor Honea closed the public hearing and asked for Council's pleasure.
Passed unanimously upon motion by Council Member Bowen, and second by Vice Mayor
Post.
A2 Resolution No. 2016 -120 Relating to Public Works; approving and authorizing the
Mayor to sign an Acquisition Agreement & Administrative Settlement for the purchase of
property rights needed from Pep Boys Manny Moe & Jack of California for the Camino
Martin/Jeremy Place Reconstruction Project, Town of Marana Project No. ST03 3 (Frank
Cassidy). Mr. Cassidy noted that this is on the regular agenda in case anyone wanted to talk
about the number and the basis for the settlement, Council could go into executive session for
further explanation by Mr. Cassidy. But the entire agreement is in the Council materials.
November 1 2016 Regular Council Meeting Minutes 3
Marana Regular Council Meeting 11 /15/2016 Page 58 of 109
Motion to approve by Council Member Ziegler, second by Council Member Kai. Passed
unanimously.
A3 Resolution No. 2016 -121 Relating to Administration; approving the transfer of up to
$85,000 in budgeted expenditure authority from the General Fund contingency line item in the
fiscal year 2016 -2017 budget to the Parks and Recreation landscape maintenance account for
expenses related to Phase 1 of the Marana Main Street Tree Plan (Cynthia Nemeth- Briehn). Ms.
Nemeth- Briehn began with background information including the fact that Marana has a Tree
City USA designation. She also noted the current condition of some of the tree specimens that
were planted 11 years ago which in part is caused by a failing and incorrectly placed irrigation
system. The only trees that would be re- planted are those that are failing. Project considerations
are to plant a variety of drought and heat resistant trees and trees that are fast to moderate
growers and that provide color. Also being considered for installation is conduit for future
electrical enhancements suitable for attractive urban lighting and special events as well as a
commercial grade irrigation system that is accessible for repairs. In terms of treating existing
trees is to establish a proper water distribution system with a new irrigation system, establish
deeper tree wells, monitor the irrigation schedule and the amount of water trees are receiving
juxtaposed on the time of year and ensure that staff is well- trained in proper pruning practices.
The first phase using the contingency funds would be to install a commercial grade irrigation
system, prepare for future electrical enhancements by installing conduit, and replace the worst
trees with new plantings by the end of this year. The distressed trees would most likely not be
replanted and would have to be sacrificed. The second phase for FY 2018 would be to replace
the remaining stunted trees and plant additional shrubs as necessary. This phase would be
funded through the Parks & Recreation landscape maintenance fund. This would be a one -time
funding request. Maintenance would be part of the ongoing department budget. In response to a
question by Council Member Kai, the water available to use for irrigation is potable water. The
closest source of reclaimed water is at the Luckett Road treatment plant. There have been talks
with CMID in the past about some of the ways the town might be able to partner with them for
some irrigation water, but that is another project that requires quite a bit of engineering. Motion
to approve by Vice Mayor Post, second by Council Member Kai. Passed unanimously.
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on recent and
upcoming meetings of 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.
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.
November 1 2016 Regular Council Meeting Minutes 4
Marana Regular Council Meeting 11 /15/2016 Page 59 of 109
E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to discuss with the
Town's attorneys and representatives the terms of a proposed purchase of Camino Martin right-
of -way from Pep Boys Manny Moe &Jack of California (this item relates to and should occur, if
at all, before Council Action A2 on tonight's agenda)
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2- 4 -2(B).
ADJOURNMENT. Motion to adjourn at 7:44 p.m. by Council Member McGorray, second
by Vice Mayor Post. Passed unanimously.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on November 1, 2016. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk -_
November 1 2016 Regular Council Meeting Minutes 5
Marana Regular Council Meeting 11 /15/2016 Page 60 of 109
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Council - Regular Meeting L1
Meeting Date: 11/15/2016
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Nolette Hernandez, Records Clerk
Date: November 15, 2016
Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a Location Transfer Series #7 Beer and
Wine Bar liquor license application submitted by John Edward Baxla on behalf
of Peter Piper Pizza #58, located at 3741 W. Ina Road # 125, Tucson, Arizona
85741. (Jocelyn C. Bronson)
Discussion:
This application is for a series #7 Beer and Wine Bar liquor license at Peter Piper Pizza #58,
located at 3741 W. Ina Road # 125, Tucson, Arizona 85741.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's
Office for or against the proposed liquor license are attached to this item and will be submitted to
the Department of Liquor Licenses and Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in compliance with
zoning, building and other legal requirements for the business. Additionally, the Marana Police
Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. Pursuant to state statute, a license will only be
issued after a satisfactory showing of the capability, qualifications and reliability of the applicant
and "in all proceedings before the town council, the applicant bears the burden of showing that the
public convenience requires and that the best interests of the community will be substantially
served by the issuance of a license."
Marana Regular Council Meeting 11 /15/2016 Page 61 of 109
If the Council's recommendation is for disapproval, the order must include an attachment stating
the specific reasons for the recommendation of disapproval and including a summary of the
testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place, unless the
director of the DLLC, the liquor board or a resident within a one mile radius from the premises
requests a hearing. If the Council enters an order recommending disapproval of the application,
or if the director, board or a resident within a one mile radius from the premises requests a
hearing, then the state board will hold a hearing regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or opposed to
the granting of the license. The decision of the board to either grant or deny an application will
normally take place within 105 days after the application has been filed, unless the director of the
DLLC deems it necessary to extend the time period.
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for this liquor
license application.
Suggested Motion:
OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of a
Location Transfer Series #7 Beer and Wine Bar liquor license application submitted by John
Edward Baxla on behalf of Peter Piper Pizza #58, located at 3741 W. Ina Road #125, Tucson,
Arizona 85741.
OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a
Location Transfer Series #7 Beer and Wine Bar liquor license application submitted by John
Edward Baxla on behalf of Peter Piper Pizza #58, located at 3741 W. Ina Road #125, Tucson,
Arizona 85741.
Attachments
Application
Affidavit of Posting
Local Governing Body Recommendation
Description of Common LL Types
Marana Regular Council Meeting 11 /15/2016 Page 62 of 109
1
OCT 202016
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AI 85007-2934
RECEIVED ti4Y
Town of Marana
Clerk's office
www.azliquor.gov
(602) 542 -5141
Application for Liquor License
TVDe or Print with Black Ink
APPLICATION FEE AND INTERIM PERMIT FEES IF APPLICABLE ARE NOT REFUNDABLE
service fee 2f S25 be charged for all dishonored checks A.R.S. 44-6862
SECTION 1 This application is for a;
Ellntedm Permit (Complete Section 5)
SECTION 2 Type of Ownership:
[:]J.T.W.R.O.S. (Complete Section 6)
[]New License (Complete Sections 2, 3, 4, 18, 1 4, 1 S, 16)
ElIndividual (Complete Section 6) �V
ElPerson Transfer (Complete Section 2, 31 4, 12, 13. 14, 16)
ElPortnership (Complete Section 6)
0 1-ocation Transfer (Bars and Liq Stores Only)
Elcorporation (Complete Section 7)
(Complete Section 2, 3, 4, 11, 13, 14, 16)
01-imited Liability Co (Complete Section 7)
C]Probate/ Will Assignmen Divorce Decree
[]Club (Complete Sectio 8)
(Complete Sections 2, 3, 4, 9 13, 14, 16)
]Government (Complete Section 10)
(Fee not required)
[Government (Complete Sec tions 2, 3, 4, 10, 13, 16)
[]Trust (Complete Section 6)
[]Tribe.' (Complete Section 6)
El s easona l
[:]Other (Expla
i
SECTION 3 Type of license
1. Type of License: #07
LICENSE #07100094
S ECTION 4 Applicants
1. Individual Owner/Agent's Name.- Baxla John Edward
2. O wner Dame: Southwest Pizza Inc
Last
First
Mjdtie
(ownership name for type of ownership checked on sec tion 2)
3, Business Name: Peter Pip Pizza #58
(Exactly as It appears on the exterior of premises) - - - - -
4. Business Location Address: 3741 W Ina Road #1 25 Tucson AZ 85741 Pima
(Do not use PO Box Street cit State Zip Code County
5. Mailing Address: 5925 B Broadway Blvd x#125 Tucson AZ 8571 - -_ --
(Alt correspondence will be mailed to this address) Street City state Zip Code
6, Business Phone: (520) 744-1111 Daytime Contact Phone: (520) 295 -9396
7. Email Address: swpizza@aol.com
aol.com
8. Is the Business located within the incorporated limits of the above city or town ?[ Yes [ E]No
9. Does the Business location address have a street address for a City or Town but is actually in the boundaries
of another City, Town or Tribal Reservation? EYesoNo
If yes, what City, Town or Tribal Reservation is this Business located in: Marana
10. Toto I Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liq Store ( license only) $
Fees:
Department Use only
Applicatlon Interim Permit Site Inspection Ringer Prints
14 4�fl
Total of Al! Fees
Is Arizona Statement of Citize hip &Alien Status for State e efit t omplete2 ,0Mes []No
Accepted by: � Date: j o,ft�.. License i 1600qq
4 /12/20 Varana Regular Council Meetin 11/a 5/2 16 page 1 of 8 Page 63 of 109
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SECTION 5 Interim Permit
• If you intend to operate business when your application is pending you will need an interim permit purs to
ARS § 4- 203.11
• There MUST be a valid license of the same type you are applying for currently issued to the I ion o far the
replacement of a Hotel /Motel license with a Restaurant license pursuant to A.R.S. § 001.
1, E nt er license number currently of the location;
2. Is the license currently in use? Deg Tno, how long has it n out of use?
Attach a copy of the license curr ently Issued of this location t s a
T, lore that l am the CURRENT OWNER, AGENT, OR CONTROLLING PERSON on
(Print F ull name) th stated license an d l ocat lon.
x State of County of
(S ttr�turs > T rndi call owner/AgeM)
My commission expi
Date
The foregoing instmment was *Cknowledged befcce me this
of ,
Doy momh Year
Signature at NOTARY PUBLIC
SECTION 6 Individual, Partnership, J.T.W.R.o.S,, Trust, Tribe Ownerships
EACH PERSON LISTED DUST SUBMff A COMPLETED QUESTIONNAIRE, AN "APPLICANT' TYKE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH
CARD.
Individual
Iasi First Middle ¢Owned Malilna Address city State Zip Code
Is any person other than above, going to share in profit /losses of the business? E]Yes 0 No
If Yes, giVe name, current address, and telephone number of person (s). use additional sheets if necesscry.
-0 1:1
- - - --------------------------- -
_0 11
❑o
J.T.W.R.O.5 (Joint Tenant with Rights or Survivorship)
None of J.T.W. R.O.S;
Last first Middle Malling Address c State Zip Code
4112 12 %rang Regular Council Meetin 11/15/2016 , , page 2 of 9 Page 64 of 109
individuals requiring ADA accommodafions please call (602)542 -9027
Partnersh
Dame of Partnership:
GPnPral.l.lmifPd Inif nrr# AA1o4A1gk 0}'_ ^."r%'n04 KAPAlrrrw AAArdar r H r UrAn ytn f'~4gkf
SECTION 6 - continued
TRUST
Name of Trust;
Last Fiat Middle MalUng Address city Stag Zip Cade
TRIBE
Name of Tribal Ownership.
Last Flat Middle Molong Address C State Zlp Code
.............................
................ . .. ...
SECTION 7 Corporations/ Lirnited Liability Co
EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT' TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH
CARD.
[], Corporation Complete Quest 1.. 2, 3, 4, S, 6, and 7
[� L.L.C. Complete Questions 1, 2, 3.4.5, 6, and 7
i . Nome of Corporation/ L.L.C: Southwest Pizza Inc
2. Date Incorporated /Organize -
3 iltate v�rhere Incorporated /organized: Arizona
3. AZ Corporotion or AZ L.L.0 File No. = --- Date authorised to do Business in AZ:
4. Is Corp Non Pr fit?
pl o El Yes E] No
5. List Directors, Officers, Members in Corporotion /L.L.C:
LNC4 Fly*# ■li.J.l },. Stu— a —rrr -- ■ - - -- E+ }a.. aara,. 71.. ��..1
Bax1a Jahn Edward
.................................
President
11780 E Rancho Los Rios &cson AZ 85749
Baxla
Vice esident
5015 N Coronado Vistas ucson AZ 85749
Baxla Donald Robert
�rt
5015 N Coronado Vista Tucson AZ 85749
B Donald Robert *r
Sec/Treas �
521 E Horseshoe filbert AZ 85296
jAnacn aaamonai sneer n necessary)
6. List all Stockholders / percentage owners who oven 10% or more:
Baxla
John
Edward
40
11 780 E Rancho Los Rio ucson AZ 85749
Baxla
Donald
Robert Or
24.8
521 E Horseshoe filbert AZ 85290
Roeber
Joan
Michelle
17.7
9857 E Waters Edge Place Tucson AZ 85715
Clauser
Heather
Rene 1 17.7
1 6010
E Red Cardinal Way Tucson AZ 88750
jAnocn aaainonai sneer tt "cessary)
7. If the corporation/ L.L.0 are owned by another entity, attach an Organizational FLOWCHART showing the structure of
the ownership. Attach additional sheets as needed in order to disclose the Officers. Directors, Members, Managers,
Partners, Stockholders and percentage owners of those entities.
4 page 3 of 9
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1 •
SECTION 8 Club Applicants
EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT TYPE FINGERPRINT CARD AND U2 PROCESSING FEE FOR EACH
CARD
1. Name of Club:
2, Is Club non- profit? E] Yes [:1 No
3. List all controlling members (minimum of four (4) requested)
Last First Middle MaDIN Address State lip Code
(AHach additional sheet K necessary)
SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Liquor License
i. Current Licensee's Name:
(E as it appear on the 11cense) mast First Middle
2. Assi g nee's N ame:
Last First Middle
3. License Type: License Number:
ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR EXVCRCE DECREE
THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE.
SECTION 1 0 G overnment (for Cities, towns, or counties only)
1. G over nment Entity:
2. Person /Designee:
First fast mm Middle Ddy time Contact Phone #
A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISE FROM WHICH SPIRITUOUS LIQUOR IS SERVED.
SE9T1914 1 I location to Location Transfer: Series 6 Bar, Series 7 Beer & dine Series 9 Liquor Stores only)
t. Current Business Name: Peter Piper Pizza #58
Address: 3780 W Ina Rd #722 Marana AZ 85741
(Exactly as it appears on license)
2. New Business: Name: Peter Piper Pizza #
Address 3741 W Ina Rd #125 Marana AZ $5741
1. License Type: 07 License Number-071 00094
4/12/ Parana Regular Council Meetin 1 1 lj /2 page 4 of Page 66 of 109
�ind��uals r equiring ADA accommodations please call (602)542 -9127
0
SECTION 12 Person to Person Transfer
Questions to be completed by current Licensee (Bar and Liquor Stares Only- Series, 06, 07, and 09)
1. Individual Owner 1 Agent Name.
Last - - - -- - -- First
Entity:
Middle (Individual, Agent, Etc,j
2. Ownership Name:
(Exactly as It appears on license)
3. Business Name:
(Exactly as it appears on 11cense)
4. Business Location Address:
5. License Type:
6. Current Mailing Address:
Street
arty - state Zip
License Number:
Street city Mate Zits
7. Have all creditors lien holders, interest holders, etc. been notified? ❑ Yes ❑ No
8. Does the applicant intend to operate the business while this application is pending? ❑ Yes ❑ No
If yes, complete Section 5 (Interim Permit) of this application; attach tee, and current license to this application.
9. 1, (Print Ful Name) hereby authorite the department to process this Application to
transfer the privilege of the license to the applicant provided that all terms and conditions of sale are met. Based on
the fulfillment of these conditions, I certify that the applicant now awns or will own the property rights of the license by
the date of issue.
I, (FdntFuMName) declare that I am the CURRENT OWNERr MEMBER, PARTNER
STOCKHOLDER or LICENSEE of the stated license. I have read the above Section 12 and confirm that all statements are
true, correct, and complete.
NOTARY
X
(StUnotwe of CURRENT Individual Owner /Ageni)
My commission expires are:
AMRm•i
County of
The foregoing Instrument was acknowledged before me fts
of
Day Month Year
Signature of NOTARY PUBLIC
Date
4112/2 I&ana Regular Council Meeting 1111,5/2016 , , page 5 of 9 Page 67 of 109
Individuals requmng ADA accommodations phase call (602)542 -9027
0 0
SECTION 13 P r o ximity to church or School
Questions to be completed by all in -state applicants,
A.R.$. § 4 - 207. (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license
application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred
(300) horizontal feet of a public or private school building with Kindergarten programs or grades one (1) through (12)
or within three hundred (300) horizontal feet of a fenced recreational area adjacent to such school building.
The obove paragraph DOES NOT apply to:
a) R estau rant license % 4 *205.02) Sues 12 e) Govem license % 4- 205.03) Wes S
b) Hotel /motel license (§ 4- M.01)Sedes 11 Q Fenced playing area of goff course %4 -207 (g)(S))
c) Microhrewery Sues 3 9} Wholesaler Series 4
d) Craft Distillery Series 18 h) Farm Winery Series 13
1. D istance to nearest School:
�
(It less than one (1) mile note foot�ag�)
1,9 �,
2. Distance to nearest Church:
-0
Name of School: ' K %
1* T�4
',L, l rJ L
Address. � �
Name of Church: � � - f r ►�. - ' r ,a + ,
tit less than one (1) n le note footage) „r,�. 0 � � 6—
....... ..
.. ....... . ..... . .. ................. -
� �� i Address:
SECTION 14 Business Financials
N E
1.1 am the: [D Lessee El Sub - lessee El owner El purchaser 0 m ana gement Company
2. If the premise is leased give lessors Name: North Pima Center LLC
Address: E Grant Rd Tucson AZ 85712
3, Monthly Rent/ Lease Rata: $
20666.00 street City State Zip
4. What is the remaining length of the leased Yrs. 1 ,. Months 240
.�W4
<
5. What is the penalty if the lease is not fulifilled12, $ or Other: ..
(Give detail- attach crddit#onai sheet it necessary)
6. Total money borrowed for the Business not including leased $
Please List Lenders /People you owe money to for business.
Lass Flrst Middle Amount owed Malfino Address CRY state Zi
(Attach additional sheet It necessary)
7. What type of business will this license be used for (be specific)?
Pizza Parlor
8. Has a license or a transfer license for the premises on this application been denied by the state within the p ast (1)
year? El YesEl No If yes, attach expl
9. Does any spirituous liquor manufacture, wholesaler, or ernployee have an interest in your business ?[3Yes [D No
10. Is the premises currently license with a liquor license? El Yes 2] No
If yes, give license number and licensee's name:
License #:
lndividua I owner Agent Name . ..
(Exaatty as It appears on iicense)
411 212% rang Regular Council Meeting 11 /15/2016 page 6 of 9 Page 68 of 109
Individuals requiring ADA accommodations please call (602)542 -9027
•
SECTION 15 Restaurant or hotel /motel license applicants
1. Is there an existing Restaurant or Hotel /Motel Liquor License at the proposed location? [:]Yes[:]No
2. if the answer to Question 1 is YES, you may qualify for an interim Permit to operate while your application is
pending; consult A.P.S. § 4 - 203.0 and complete SECTION 5 of this application.
3. All Restaurant and Hotel /Motel applicants must complete a Restaurant Operation Plan form provided by the
Department of Liquor Licenses and Control.
4. As stated in A.R.S. § 4- 205.02. (H) (2)j a Restaurant is an establishment which derives at least forty (40) percent of its
grass revenue from the sale of food. Gross revenue is the revenue d erived from sales of food a nd spirituous liquor on
the licensed premises. By applying for this ❑ Restaurant [l Hotel /Motel, I certify that I understand that I must
maintain a minimum of forty (40) percent food sales based on these definitions and have included the Resfrant
Hotel Motel Records Required for Audit form with this application,
(Appilcanrs Signature)
S. I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an
inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on
the licensed premises, with the exception of the patio barriers, these items are not required to be properly installed
for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your
inspection 90 days after filing your application, please request an extension in writing; specify why the extension is
necessary; and the new inspection date you are requesting.
(APpliCQri's Initials)
SECTION 16 Diagram of Premises
�J
Check ALL boxes that apply to your business:
El Entrances /Exits
El liquor storage areas
Patio: [:] contiguous
Q Walk -up windows
❑ Drive - through windows
[:1 Non Contiguous
1. Is your licensed premises currently closed due to construction, renovation or redesigns Q Yes[-'] No
If yes what is your estimated completion date? Mal'Ch 1 2017
Month/Day/Year
2. re and Hotel/ applicants are required to draw a detailed floor plan of the kitchen and dining
areas including the locations of all kitchen equipment and dining furniture. Place for diagram is on section 16
number 6.
3. The diagram (a detailed floor plan) you provide is required to disclose only the area wh spirituous liquor is
to be scald, served, consumed, dispensed, possessed or stored on the premises unless it is a restaurant ( see # 3
above
4. Provide the square footage or outside dimensions of the licensed premises. Please do not include non licensed
premises such as parking lots, living quarters, etc.
5. As stated In A.R.S. § 4-207,01 (B), l understand it Is my responsibility to notify the Department of Liquor Licenses
and Control when there are changes to the boundorles, entrances, exits, added or deleted doors, windows,
service windows or increase or decrease to the square footage after submitting this initlal dlogram,
(Applcanr s ininiak)
4/12/2 arana Regular Council Meetin 1 ,/1 5 /2 16 page 7 of Page 69 of 109
n�ividu�a�s requiring ADA accommodations please tali (602)542µ9027
L.
SECTION 17 SIGNATURE BLOCK
NOTARY
1. (Print Full Nome Jahn Edgard Bax1a her declare that I am the Ow filin this applicat as
� h � ply
stated in Section 4 # 1. l have read this application and verify all statements to be true, correct and complete.
6 --
X - State of Count of
f Slgrvattge of CURRENT IndI weer Agent ) The foregoing Instrument wos aeknowiecfg bOore m e ifs
My commission ex pires on; �
D ote
CYNTHIA J HOLLAND
NOTARY PVBLIC ARIZONA
PIMA COUNTY
M Carn mission Expires
June 6, 20,9
I ; Of r
Day Month ear
Slgnahx C ARY PUBLIC
A.R.S. § 41-1030, Involidl of rules not made accordin to thls ha #er• rah��ited enc �ICtE�an• rohWed
acts by state ern to ee • gnforcement; notice
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is
not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not
constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of
authority that specifically authorizes the requirement or condition.
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE.
THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE
APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION.
E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS
SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY.
F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12- 820.02,
4 /12 /2 Yarana Regular Council Meeting 11X1,5 2016 Doge 9 of Page 71 of 109
Ir�dIvd!�,a1s requiring ADA accommodations please call [602)542 - 9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, Az 85007 -2934
www.azliquor.gov
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting; October 21 , 2016
Applicant's Name: Bax1a
Last
Business Address: 3741 W Ina Road
Date of Posting Removal: _ S* e- - e-
John
Edward
First Middle
Tucson 85741
. . ...... . ........................
....................
Street
License #: 07100094
city
Zip
I hereby certify that pursuant to A.R.S. 4-201, 1 posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
Fltnn Rijrn.q-.Ir-
Housing Specialist
Print Name of City/County Official
Title
520 - 990 -2496
Phone Number
Signature Date geed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
11/24/2015 Page 1 of 1
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A
I.
Marana Regular Council Meeting 11 /15/2016 Page 73 of 109
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007 -2934
, www.azliquor.gov
C (602) 542 -5141
Local Governing Body Recommendation
A.R.S. § 4- 201(C)
1. City or Town of.
Town of Marana
(Circle one)
2. County of. . Pima
Liquor License Application #: 07100094
(Arizona application #)
City/Town/County #: LL2016 -13
3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2),
(Name of entertainment district)
A boundary map of entertainment district must be attached.
4. The Marana Town Council at Regular
(Governing body) (Regular or special)
November 2016 considered the application of
(Month) (Year) (Name of applicant)
for a license to sells irituous li uor at the remises described in a lication 07100094
p q p pp ,
(Arizona liquor license application #)
for the license series #: type s p rovided b e Series #07 Beer & Wine Bar 4 -201.
Y A.R.S §
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL /DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF John Edward Baxla
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at
(Location)
Jocelyn C. Bronson
on ,
(Day) (Month) (Year)
(Printed name of city, town or county clerk)
(Signature of city, town or county clerk)
(Date of resolution to create the entertainment district)
meeting held on the 15th
(Day)
John Edward Baxla
of
9/29/2015 Marana Regular Council Meeting 11 /15/2016 Page 1 of 1 Page 74 of 109
Individuals requiring ADA accommodations please call (602)542 -9027
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
I;PriPc, h Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and /or location to location within the same county
and allows the holder both on- & off -sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off -sale ( "To
Go ") package sales of spirituous liquor can be made on the bar premises as long as the
area of off -sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on- & off -sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off -
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provided for the bar. Payment
must be made no later than the time of delivery.
{00018233.DOC / 21
Marana Regular Council Meeting 11 /15/2016 Page 75 of 109
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and /or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from the premises of the retailer and
consumed off the premises. A retailer with off-sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (liquor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non - transferable, off -sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off -sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel /Motel
This non - transferable, on -sale retail privileges liquor license allows the holder of a
hotel /motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40 %) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its registered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non - transferable, on -sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
{00018233.DOC / 21
Marana Regular Council Meeting 11 /15/2016 Page 76 of 109
N O 0 /
m - tn. A k
4 0
Council - Regular Meeting L2
Meeting Date: 11/15/2016
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: November 15, 2016
Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a special event liquor license application
submitted by Stephanie Beate Hunter on behalf of Humane Society of Southern
Arizona for Bikes, Barks & Brews to be held on December 10, 2016 (Jocelyn C.
Bronson)
Discussion:
This application is for a special event liquor license on behalf of Humane Society of Southern
Arizona for Bikes, Barks & Brews to be held on December 10, 2016. The applicant has also
obtained a special event permit from the town, pursuant to Chapter 10 -6 of the Marana Town
Code.
A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor
license that allows a charitable, civic, fraternal, political or religious organization to sell and serve
spirituous liquor for consumption only on the premises where the spirituous liquor is sold and
only for the period authorized on the license. Qualifying organizations will be granted a special
event license for no more than ten (10) days in a calendar year. Events must be held on
consecutive days and at the same location or additional licenses will be required. The license is
automatically terminated upon closing of the last day of the event or the expiration of the license,
whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %)
of the gross revenues of the special events.
Pursuant to state law, a person desiring a special event liquor license must request a special event
application from the Department of Liquor Licenses and Control (DLLC). The applicant then
must file the application with the town for events occurring within the town's limits. The town
may then recommend approval or disapproval of the special event liquor license.
Marana Regular Council Meeting 11 /15/2016 Page 77 of 109
If the special event liquor license application is approved by the Town Council, and the event
meets the requirements for granting the license, the director of the DLLC will issue a special
event liquor license to the qualifying organization. If the application is disapproved by the Town
Council, the DLLC will normally not consider the application.
Staff Recommendation:
Staff recommends approval of this special event liquor license application.
Suggested Motion:
OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event
liquor license application submitted by Stephanie Beate Hunter on behalf of Humane Society of
Southern Arizona for Bikes, Barks &Brews.
OPTION 2: I move to disapprove the special event liquor license application submitted by
Stephanie Beate Hunter on behalf of Humane Society of Southern Arizona for Bikes, Barks &
Brews.
Attachments
Application
Description of License Type
Marana Regular Council Meeting 11 /15/2016 Page 78 of 109
. 4 G 0 _ K "15
a
Arizona Department of Liquor Licenses and Control
r° Soo W Washington 5th Floor
.," Phoenix, AZ 85007 -2934
�co www.azliquor.gov
t Zo (602) 542-5141
APPLICATION FOR SPECIAL EVENT LICENSE
Fee= $25.00 per day for i - 10 days (consecutive)
Gash Checks or Money Orders Only
License Number
A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44 -6852)
IMPORTANT INFORMATION: This document must be fully cam feted or R will be returned.
The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special
event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered
by the existing liquor license, this application must be approved by the local government before submission to the Department of
Liquor Licenses and Control (see Section 15).
SECTION I Name of Organization: Humane Society of Southern Arizon
SECTION 2 Non -- P /IRS Tax Exempt Number:
SECTION 3 The organization is a: (check one box only)
[Z]Charitable [:]Fraternal (must have regular membership and have been in existence for over five (5) years)
[Religious [:]Civic (Rotary, College Scholarship) []Political Party, Ballot Measure or Campaign Committee
SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises ?[]Yes [Z]No
Name of Business
FOR DLLC USE ONLY
Event Date (s):
Event time start/end:
CSR:
License:
Phone (include Area Code)
SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R --19-
318 for explanation (look in special event planning guide) and check one of the following boxes.
]Place license in nonuse
[:]Dispense and serve all spirituous liquors under retailer's license
[Dispense and serve all spirituous liquors under special event
[split premise between special event and retail location
(IF NOT USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENTIOWNER OF THE LICENSED PREMISE TO SUSPEND THE
LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGENT/OWNER WILL NEED TO SUSPEND THAT
PORTION OF THE PREMISE.)
SECTION 6 What is the purpose of this event? Zon-sife consumption [:]Off -site (auction) [:]Both
SECTION 7 Location of the Event Harley Davidson
Add r ess o 0 f Lo cation: 7355 N 1-10 FastbOLind Frontage Rd., Tucson, Pima County, AZ 35743
Street City COUNTY State Tip
SECTION 8 Will this be stacked with a wine festival /craft distiller festival? []Yes [No
SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson
of the Organization named in Section 1. (Authorizing signature is required in Section 13.)
1 . A pplicant: Hunter Stephanie Beate
Last First
2. Applicant's mailing address: 3450 N. Kelvin Blvd
Street
3. Applicant's home /cell phone: (
4. Applicant's email address shunter@hssaz.org
Middle Date of Birth
Tuc AZ 85716
City State Tip
Applicant's business phone: ( 520 321-3704 ext. 188
3/1/2016 Page 1 of 4
Individuals requiring ADA accommodations call (602)542 -9027.
Marana Regular Council Meeting 11 /15/2016 Page 79 of 109
1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?
[Yes [DNO (if yes, attach explanation.)
2. How man s pecial event licenses have been issued to this location this ear?
y p Y
(The number cannot exceed 12 events per year, exceptions under A.R.S. §4w203.02(D).)
3. Is the organization using the services of a promoter or other person to manage the event? [Yes [Z]No
If yes, attach a copy of the agreement.)
4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization
applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary.
Name Humane Society of Southern Arizona -_ -_ Percentage: 1
Address 3450 N. Kelvin Blvd. Tucson, AZ 85716
Street City State Zip
Name
Percentage:
Address
Street city State Zip
5, Please react A.Q.S. § 4- 203.02 Social ewer;t license{ rules and 19_1.2n5 !P for Special Event License
Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
"NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL
EVENT LICENSE IS STACKED WITH WINE CRAFT DISTILLERY FESTIVAL LICENSE"
6. what type of security and control measures will you take to prevent violations of liquor laws at this event?
(list type and number of police/security personnel and type of fencing or control barriers, if applicable.)
Number of Police 2 Number of Security Personnel 2IFencing [:]Barriers
Explanation:
"Bikes, Barks & Brews" will take place at the Harley Davidson showroom. The event includes Santa photos, a doggie fashion show
_
and beer - tasting that will take place outside in a fenced off area. 11 + patrons can enter the beer garden, gut carded, wrist - banded and pay for their sample
tickets that allow them 4x (4) ounce beer sample tickets. Harley Davidson will provide free food. We expect about 300 people.
SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days.
See A. R.S. § 4 244(15) and ( 17) for legal hours of service.
PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY
Date Day of Week Event Start License End
Time AM/PM Time AM/PM
DAY 1 : 1 2/10/2016 Sat 11 4 PM
DAY 2:
DAY 3:
DAY 4:
DAY 5:
DAY 6:
DAY 7:
DAY 8:
DAY 9:
DAY 10:
3/1/2016 Page of'
�
Individuals requiring A DA acconirnodca Lions call (602)542-9027.
Marana Regular Council Meeting 11 /15/2016 Page 80 of 109
Z
w
w
w
0
N
O
00
0
(D
1
s.. .
HUMANE
SOCIETY
� Y of Southern Arizona
I likes sy Barks &Brews
Saturday Dec. 10, 2016 •Harley Davidson
Z
0)
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0 p.
0 BEER GARaEN
rt s
o
FOOD low
HOT OGS SERVED
UNDER ROOF
X355 tnttt
7
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SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized
to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to
prepare a diagram of your special event licensed premises. Please show dirriensions, serving areas, fencing, barricades, or
other control measures and security position.
Il`ll
3/1/2016 Page 3 of 4
Individuals requiring AA accommodalions call i602y542 -9027.
Marana Regular Council Meeting 11 /15/2016 Page 82 of 109
SECTION 13 To be completed onl b an Officer, Director or Chairperson of the or named in Section 1.
1, (Print Full Name) Rand Peterson
the dr filin this application as listed in Section 9
are correct and complete.
x
Director
Si
declare that I am an Officer, Director or Chairperson of
I have read the application and the contents and all statements
of Development 10/28/2016 520-321-3704 ext 116
Title/ Position
Date Phone Number
1W 1)n
Thelae ins -CLC Kn ed before me this — M ---- 4 ,-lll.03 L
t6ffi6i LIND A'eSEA Da Month 'Year
All
zona
PINA COUNTY
MV-Pp E&
issiorrp'm
It UAHT 4 ZU &ffe I Si of Notary Public
SECTION 14 This section is to be completed only by the applicant named in Section 9.
Ste phan ie,,,-� u nter declare that I am the APPLICANT filin this application
1, (Print Full Name) -#-
as listed in i(Pct In 9. e r
O r e a pplication and the contents and all statements are true, correct and complete.
Events Mana 10/28/2016 520-321-3704 ext. 188
x
Slgn T Title/ Position Date Phone Number
Tlaa.fore i TZIS uu- d before me this
bFW[XL k%9E �A L
INDA 4 K
r% iz f
r D�
I Y F-u r 4 6- ono
7 5J. -
ETNA COU
Nll�
m n ■
miss II
D ate
Day Month Yea
Si of Notar Public
Please contact the local g overnin g board for additional application re and submission deadlines. Additional
a d o c s /5p e c' - y 9- t p �i
licensin fees ma also be re before approval ma be g ranted. For more information, please contact y our local
j i c� '-, n t f
urisdiction: hf,tr)://www..azl'!gtjor.ciovLaLssce�,I-s/d oc ijr-rie Li -s�� rT�i ( , 1 —.1 lio &i!'[L(A
SECTION 15 Local Governing Bod Approval Section.
recommend EIAPPROVAL DISAPPROVAL
( Government Official) (Title)
On behalf of
(Cit Town, Count Si Date Phone
SLECTION 16, For Department of Li Licenses and control use onl
❑APPROVAL ❑DISAPPROVAL BY:
DATE:
A.R.S. § 41-1030. In of rules not made accordin - actilow prohibited acts b state
I -to this chapter,-,proh prohi a
employees-, enforcement: notice
B. An a shall not base a licensin decision in whole or in pad on a licensin re or condition that is not specificall
authorized b statute, rule or state tribal g amin g compact. A g eneral g rant of authority in statute does not constitute a basis for imposin a licensin
re or condition unless a rule is made pursuant to that g eneral g rant of authorit that specificall authorizes the re or condition.
D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD
REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION
AGAINST THE STATE FOR A VIOLATION OF THIS SECTION.
E. A STATE EMPLOYEE MAY NOT 1[JTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR
DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PFRSONI\]L-'[. POHCY.
F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820-01 OR 12-820.02.
31112016 Pa 4 of 4
Marana Re Council Meeting � rec ADA accon-in-iodations call (602)542-9027. Pa 83 of 109
SERIES: 15 SPECIAL EVENT LICENSE (Temporary)
Non- transferable
On -sale retail privileges
Di I101011ecm
Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous
liquor for consumption only on the premises where the spirituous liquor is sold, and only for the
period authorized on the license. This is a temporary license.
ADDITIONAL RIGHTS AND RESPONSIBILITIES:
The applicant for a special event license must request a special event application from the
Department and file the application with the governing body of the city or town, or Board of
Supervisors of an unincorporated area of a county (where the special event is to take place) for
approval or disapproval. Some local governing bodies may require approximately 50 days prior
notice.
If the application is approved by the local authority, and the event meets the requirements for
granting the license, the Director will issue a special event license to the qualifying organization.
Qualifying organizations will be granted a special event license for no more than ten (10) days in a
calendar year. Events must be held on consecutive days and at the same location or additional
licenses will be required. The license is automatically terminated upon closing of the last day of
the event or the expiration of the license, whichever occurs first.
The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues
of the special event liquor sales.
A person selling spirituous liquor under a special event license must purchase the spirituous
liquor from the holder of a license authorized to sell off -sale; except that, in the case of a
non- profit organization which has obtained a special event license for the purpose of charitable
fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation.
AVERAGE APPROVAL TIME: one (1) to seven (7) days.
PERIOD OF ISSUANCE:
Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event
may be held for more than one (1) day, but it must be held on consecutive days and at the same
location or additional licenses will be required.
FEES: $25.00 per day.
ARIZONA STATUTES AND REGULATIONS:
ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m
Disabled Individuals requiring special accommodations please call (002) 542 -9027
Marana Regular Council Meeting 11 /15/2016 Page 84 of 109
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Council - Regular Meeting At
Meeting Date: 11/15/2016
To: Mayor and Council
From: Erik Montague, Finance Director
Date: November 15, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -125: Relating to Administration; approving the transfer of
$370,000 in budgeted expenditure authority from the General Fund contingency line
item to the restricted budget line items within the Police Department for unanticipated
costs in the fiscal year 2015 -2016 budget (Erik Montague)
Discussion:
Staff will present preliminary, unaudited results for the General Fund for fiscal year 2015 -2016.
It is important to note that the numbers may change as a result of additional closing entries and
audit adjustments, if any. The Town's financial statements are still under audit and final, audited
results will be available in December 2016.
The budget for fiscal year 2015 -2016 was adopted on June 16, 2015 which set the legal level of
budgetary control at the department level for the General Fund and the fund level for all other
funds. Council approval is required for budgetary transfers between General Fund departments,
between funds and any transfer of contingency. The purpose of this item is to present preliminary
results for the General Fund and to request authorization to:
Unanticipated Police Department Costs
Transfer General Fund expenditure authority from the contingency line item to the Police
Department restricted budget line item for the amount of $370,000 as a result of the following:
• Personnel Costs- Approximately $188,000 in unanticipated, accrued personnel costs were
incurred as part of a fiscal year 2015 -2016 year -end closing audit journal entry. Each fiscal
year, the Finance Department prepares year -end journal entries which accrue various
revenue and expenditure items back into the appropriate audit year. This is a normal part of
the year -end preparation process and such accruals are routine and ensure the revenues and
expenditures are recorded in the appropriate fiscal year. For fiscal year 2015 -2016, the
Marana Regular Council Meeting 11 /15/2016 Page 85 of 109
Finance Department accrued six days of accrued payroll for the first pay date in the new,
2016 -2017 fiscal year, as those days were incurred in the previous fiscal year. The accrual
for the 2014 -2015 fiscal year included only four days. Most of this variance is attributable
to the accrual of the two additional days.
• Workers' Compensation Insurance Costs Approximately $182,000 in un- budgeted workers'
compensation insurance costs were incurred during the fiscal year. The increased costs were
directly attributable to a change in the Town's, overall workers' compensation experience
modifier (EMOD) which is essentially a measure of risk. An EMOD measure of less than
1.0 is ideal. Due to increased workers' compensation related claims Town -wide in previous
years, our EMOD increased from 0.87 in fiscal year 2014 -2015 to 1.49 in 2015 -2016 which
significantly increased workers' compensation insurance rates for all town departments In
fact, all departmental workers' compensation budgets were exceeded for the fiscal year
2014 -2015. However, the overall impact was larger for the Police Department as they have
the largest number of employees and payroll cost. Significant efforts have been made by
Human Resources from the employee safety and risk perspective and claims have gone
down. It will take one more budgetary cycle of a higher EMOD before we begin to see
reduced rates. The impact of the EMOD changes is included in future year's budgets.
Financial Impact:
Fiscal Year: 2016
Budgeted Y/N: Y
Amount: $370,000
The requested budget adjustment does not increase the overall expenditure amount for the General
Fund. The transfer would only reallocate existing budgetary authority to other department line
item budgets. The overall impact of the increased expenditures for these departments is already
included in the preliminary numbers presented this evening.
Staff Recommendation:
Staff recommends approval of Resolution No. 2016 -125; approving the budget transfer from the
General Fund contingency line item to the Police Department budget for unanticipated costs as
described in Schedule A.
Suggested Motion:
I move to adopt Resolution No. 2016 -125, transferring $370,000 in budgeted expenditure
authority from the General Fund contingency line item to the restricted budget line items within
the Police Department in the fiscal year 2015 -2016 budget for unanticipated costs.
Attachments
Resolution No. 2016 -125
Schedule A
Preliminary FY2015 -2016 General Fund Budget to Actual
Marana Regular Council Meeting 11 /15/2016 Page 86 of 109
MARANA RESOLUTION NO. 2016-125
RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF $370,000 IN
BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND
CONTINGENCY LINE ITEM TO THE RESTRICTED BUDGET LINE ITEMS WITHIN THE
POLICE DEPARTMENT FOR UNANTICIPATED COSTS IN THE FISCAL YEAR 2015-
2016 BUDGET
WHEREAS on June 16, 2015, the Town Council adopted the fiscal year 2015 -2016
budgetary document and overall financial plan which set the legal level of budgetary control at
the department level for the General Fund and at the fund level for all other funds; and
WHEREAS the Police Department incurred unanticipated costs which could not be offset
by savings within other budgetary line items; and
WHEREAS transferring amounts within the fiscal year 2015 -2016 budget will not signif-
icantly impact the General Fund; and
WHEREAS reallocations of budgetary amounts between the contingency line item in the
General Fund to other line items are necessary from time to time; and
WHEREAS the Council finds that the reallocations addressed by this resolution are in the
best interest of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The transfer of $370,000 from the General Fund's budgeted contingency
line item to the restricted budget line items within the Police Department in the fiscal year 2015-
2016 budget, as set forth in Exhibit A, attached to and incorporated by this reference in this reso-
lution, is hereby approved.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to un-
dertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of this resolution.
00049574.DOCX /1
Marana Resolution No. 2016 -125 - 1 -
Marana Regular Council Meeting 11 /15/2016 Page 87 of 109
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15 day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
00049574.DOCX /1
Marana Resolution No. 2016 -125 -2-
Marana Regular Council Meeting 11 /15/2016
Page 88 of 109
Town of Marana
Schedule of General Fund Budget Adjustments — Fiscal year 2015 -2016
Exhibit A
Budgetary transfers due to unanticipated costs:
Department
Police
Contingency
Total
Increase
$370,000
$370,000
$370,000
$370,000
Decrease
Marana Regular Council Meeting 11 /15/2016 Page 89 of 109
PRELIMINARY RESULTS
TOWN OF MARANA, ARIZONA
STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN
FUND BALANCES
- BUDGET AND
ACTUAL - GENERAL FUND
YEAR ENDED JUNE 30 2016
Variance -
Budgeted
Amounts
Positive
Original
Final
Actual
(Negative)
Revenues:
Sales taxes
$ 22
$ 22
$ 24
$ 1
Intergovernmental
9
9
9
39
Licenses, fees & permits
3,553
3
4,468
915,910
Fines, forfeitures & penalties
630
630
579
(50,631)
Charges for services
413
413
500
87
Lease income
128
128
89
(39,040)
Contributions
46
4600
93
47,645
Investment income
175
175
49
(125,947)
Miscellaneous
616,050
616
685,710
69
Total revenues
37
37
39
2,450
Expenditures:
General government:
General government
6
6,094
2,116,395
3,977
Town council
294,338
294,338
261,783
32,555
Town clerk
280,565
280
275,281
5,284
Town manager
1
1
1
25
Human resources
800
800
712
87
Facilities
1
1
1
21
Finance
1
1
1
68
Legal
800
800
747
52
Technology services
2
2
2
91
Municipal courts
1
1
1
18
Public Safety:
Police
11
11
12
(366,746)
Building safety
1
1
992
90
Highways and streets
Public works
2,951,709
3
3
227
Economic and community
development
Development services
3
3
3
659
Economic development and
tourism
192
189
156
32,217
Community development
596
596
595
1
Culture and recreation
Parks and recreation
3
3
3
261
Capital outlay
974
974
673
301
Total expenditures
40
40
35
5
Excess (deficiency) of revenues over
expenditures
(3,454,967)
(3,450,300)
4
8
Other financing sources (uses):
Transfers in
-
-
-
-
Transfers out
(6,591,688)
(6,591,688)
(6,335,075)
256
Total other financing sources
(uses)
(6,591,688)
(6,591,688)
(6,335,075)
256
Changes in fund balances
(10,046,655)
(10
(1,747,668)
8
Fund balances, beginning of year
25
25,478,205
24
(887,754)
Fund balances, end of year
$ 15
$ 15
$ 22
$ 7
Marana Regular Council Meeting 11 /15/2016 Page 90 of 109
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Council - Regular Meeting A2
Meeting Date: 11/15/2016
To: Mayor and Council
From: Jocelyn C. Bronson, Town Clerk
Date: November 15, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -126: Relating to Elections; declaring and adopting the results of
the Town of Marana general election held on November 8, 2016 (Jocelyn C. Bronson)
Discussion:
Pursuant to A.R.S. Section 16 -646, the governing body of a city or town must enter on the official
record of the city or town the official canvass of the votes after a primary and /or general election.
This must be done not less than six days nor more than 20 days after an election.
The Pima County Official Canvass of the general election was not available at the time this item
was prepared for the Council packet. Staff anticipates that the official canvass from the Pima
County Elections Department will be available by the meeting date of November 15, 2016, and
will be presented to Council for approval at that time.
Staff Recommendation:
Staff recommends Council approval of the official canvass of the vote for the general election
held on November 8, 2016, when it is presented to Council on November 15, 2016.
Suggested Motion:
I move to adopt Resolution No. 2016 -126, declaring and adopting the results of the Town of
Marana general election held on November 15, 2016.
Attachments
Resolution No. 2016 -126
Marana Regular Council Meeting 11 /15/2016 Page 91 of 109
MARANA RESOLUTION NO. 2016-126
RELATING TO ELECTIONS; DECLARING AND ADOPTING THE RESULTS OF THE
TOWN OF MARANA GENERAL ELECTION HELD ON NOVEMBER 8, 2016
WHEREAS the Town of Marana, Pima County, Arizona, did hold a general election on
the 8 th day of November, 2016 for a ballot measure, Proposition 440, relating to the extension of
the alternative expenditure limitation (home rule option) for the next four fiscal years; and
WHEREAS the election returns have been presented to and have been canvassed by the
Town Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA as follows:
SECTION 1. That the total number of ballots cast at said general election, as confirmed
by the Pima County Elections Department, was
SECTION 2. That the total number of ballots rejected at said primary election, as
confirmed by the Pima County Elections Department, was
SECTION 3. That the votes cast for the ballot measure were as follows:
Ballot Measure
Proposition 440 — A resolution proposing
an extension of the alternative expenditure
limitation for the Town of Marana
VntP Tntn 1
SECTION 4. That it is hereby found, determined and declared of record, that the ballot
measure, Proposition 440 relating to the alternative expenditure limitation (home rule option) did
receive [more than one -half of the total number of valid votes cast].
SECTION 6. This resolution shall be in full force and effect immediately upon its
adoption.
Marana Resolution No. 2016 -126
Marana Regular Council Meeting 11 /15/2016 Page 92 of 109
PASSED AND ADOPTED BY THE Mayor and Council of the Town of Marana,
Arizona, this 15 day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2016 -126
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 11 /15/2016 Page 93 of 109
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Council - Regular Meeting A3
Meeting Date: 11/15/2016
To: Mayor and Council
From: Jocelyn C. Bronson, Town Clerk
Date: November 15, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Mayor and Council; selection of the Vice Mayor (Jocelyn C. Bronson)
Discussion:
Section 2 -3 -1 of the Town Code sets forth the process for selection of the Vice Mayor by the
Town Council. Section 2 -3 -3 provides that the Vice Mayor shall serve a two -year term and may
be re- appointed to an unspecified number of additional two -year terms. On June 4, 2013, the
Council selected Council Member Jon Post to serve a two -year term as Vice Mayor.
In 2012, the Arizona state legislature amended A.R.S. Section 16 -204 to consolidate all regular
candidate elections in Arizona to the fall of even - numbered years. The Town of Marana has
historically held its elections in the spring of odd - numbered years. In 2013 the Arizona state
legislature adopted Senate Bill 1454 which provided that in order to comply with the
consolidation of election dates as prescribed in A.R.S. Section 16 -204, the town could lengthen
the terms of the Town's elected officials to conform to the requirements of A.R.S. Section
16 -204. Thus, the terms of Council Members elected in 2013 were extended to the fall of 2016.
Vice Mayor Post's term has now expired.
Pursuant to Section 2 -3 -1, the Town Council shall choose a Vice Mayor from among the Council
Members by a majority vote. Any Council Member may make a motion to appoint a certain
Council Member as Vice Mayor. The motion must be seconded and then voted upon. The
Council will continue making motions until a motion to appoint a Council Member as Vice Mayor
is successfully passed by a majority of the Council.
Pursuant to Section 2 -3 -1, the selection of the Vice Mayor must take place no later than
December 31, 2016.
Marana Regular Council Meeting 11 /15/2016 Page 94 of 109
Staff Recommendation:
Council's pleasure.
Suggested Motion:
I move to appoint
as Vice Mayor of the Town of Marana.
Attachments
No file (s) attached.
Marana Regular Council Meeting 11 /15/2016 Page 95 of 109
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4 0
Council - Regular Meeting
Meeting Date: 11/15/2016
To: Mayor and Council
Submitted For: Vickie Hathaway, Communications Manager
From: Jane Fairall, Deputy Town Attorney
Date: November 15, 2016
Strategic Plan Focus Area:
Heritage
A4
Strategic Plan Focus Area Additional Info:
PRINCIPLE STATEMENT 1 / We will seek to preserve the unique history and culture of Marana
or generations to come.
Initiative 2 COLLABORATE WITH HISTORIC PRESERVATION ORGANIZATIONS
a. Collaborate with the Heritage Conservancy
Subject: Resolution No. 2016 -127: Relating to Heritage; approving and authorizing the
Mayor to execute a First Amendment to Community Partner and License
Agreement between the Town of Marana and the Marana Heritage Conservancy
(Vickie Hathaway)
Discussion:
Effective January 22, 2016, the Town and the Marana Heritage Conservancy entered into a
Community Partner and License Agreement for the purposes of cooperating and collaborating on
the presentation and promotion of cultural and heritage- related events and activities in the Town,
and preserving the Town's history.
Among other items, the Agreement provided that the Conservancy would plan, develop and
present the annual Marana Founders' Day event, with help and support from the Town. At this
time, Town and Conservancy leadership have determined that the best way to showcase and grow
the Founders' Day event is to include it as a part of the Town's Signature Event Series, meaning
that the Town will plan, develop and present the event, with help and assistance from the
Conservancy. The proposed amendment to the Agreement removes the Conservancy's
obligations to put on the Founders' Day event and leaves in place the Conservancy's participation
in Town -run events.
Marana Regular Council Meeting 11 /15/2016 Page 96 of 109
In addition, for several recent Town events, the Conservancy has obtained a special event liquor
license from the state liquor department and provided a beer garden. The proposed amendment
will add beverage vending to the list of services that may be provided by the Conservancy for
Town events, and includes provisions regarding required liquor liability insurance coverage.
This item is proposed in conjunction with a resolution on tonight's agenda that will formally
include the Marana Founders' Day event as a part of the Town's Signature Event Series.
Staff Recommendation:
Staff recommends approval of the first amendment to the agreement between the Town and the
Conservancy.
Suggested Motion:
I move to adopt Resolution No. 2016 -127, approving and authorizing the Mayor to execute a First
Amendment to Community Partner and License Agreement between the Town of Marana and the
Marana Heritage Conservancy.
Attachments
Resolution No. 2016 -127
Exhibit A to Reso. 2016 -127
Marana Regular Council Meeting 11 /15/2016 Page 97 of 109
MARANA RESOLUTION NO. 2016 -127
RELATING TO HERITAGE; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A FIRST AMENDMENT TO COMMUNITY PARTNER AND LICENSE
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA HERITAGE
CONSERVANCY
WHEREAS in January 2015, the Town Council adopted the Town of Marana Strategic
Plan III, identifying Heritage as one of its five focus areas, with the principle statement "We will
seek to preserve the unique history and culture of Marana for generations to come" and the stated
initiative of collaborating with the Marana Heritage Conservancy to achieve that goal; and
WHEREAS the Marana Heritage Conservancy is a not - for - profit organization established
to discover, preserve and promote the traditions, cultures, historic places, working landscapes
and natural treasures in the Marana sphere of influence through education, preservation, commu-
nity events, fundraising and community outreach; and
WHEREAS on May 4, 2010, the Town Council adopted Resolution No. 2010 -43, formal-
ly endorsing the Conservancy as the Town's designated partner and caretaker of the Town's
treasured past and authorizing the Town Manager to provide support and assistance to the Con-
servancy; and
WHEREAS on January 19, 2016, the Town Council adopted Resolution No. 2016 -009,
approving a community partner and license agreement between the Town of Marana and the Ma-
rana Heritage Conservancy; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens to enter into an amendment to the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The first amendment to community partner and license agreement between
the Town of Marana and the Marana Heritage Conservancy in substantially the form 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 agreement, as amended.
00049539.DOCX /1
Marana Resolution No. 2016 -127 - 1 -
Marana Regular Council Meeting 11 /15/2016 Page 98 of 109
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15th day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
00049539.DOCX /1
Marana Resolution No. 2016 -127 -2-
Marana Regular Council Meeting 11 /15/2016
Page 99 of 109
EXHIBIT A TO MARANA RESOLUTION No. 2016 -127
FIRST AMENDMENT TO COMMUNITY PARTNER AND LICENSE
AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA
HERITAGE CONSERVANCY
THIS FIRST AMENDMENT (""Amendment No. 1 ") is entered into by and between the
TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and the MARANA
HERITAGE CONSERVANCY, an Arizona non - profit corporation (the ""Conservancy"). The
Town and the Conservancy are sometimes collectively referred to in this
Amendment No. 1 as the Parties, any one of which is sometimes individually referred
to as a Party.
RECITALS
A. Effective January 22, 2016, the Parties entered into a Community Partner and Li-
cense Agreement (the "Original Agreement ") for the purposes of cooperating and col-
laborating on the presentation and promotion of cultural and heritage- related events
and activities in the Town, and preserving the Town's history.
B. Paragraph 34(a) of the Original Agreement provided that the Original Agreement
may not be modified except in a writing signed by both of the Parties.
C. The Parties now desire to enter into this Amendment No. 1 to the Original
Agreement to modify the Parties' responsibilities regarding the annual Founders' Day
event, and to include provisions regarding beverage vending and liquor liability cover-
age.
AGREEMENT
NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the
intention of the Parties in entering into this Amendment No. 1, and in consideration of
the terms of the Original Agreement and this Amendment No. 1, the Parties hereby
agree as follows:
1. Services to be performed by the Conservancy. Paragraph 2 of the Original Agreement
is hereby amended as follows:
1.1. Subparagraph (c) regarding the Conservancy's participation in major Town
special events is amended to add beverage vending to the list of services that may be
provided by the Conservancy for Town events.
1.2. Subparagraph (d) regarding the Conservancy's Founders' Day services is
hereby deleted in its entirety.
COMMUNITY PARTNER & LICENSE AGREEMENT AMENDMENT NO. 1: MARANA HERITAGE CONSERVANCY
10/24/2016 JF
-1-
Marana Regular Council Meeting 11 /15/2016 Page 100 of 109
EXHIBIT A TO MARANA RESOLUTION N0.2016 -127
2. Insurance. Paragraph 18 of the Original Agreement is hereby amended by adding
new subparagraph (f) as follows:
f. For any event in which the Conservancy sells alcoholic beverages on Town
property pursuant to a special event liquor license, the Conservancy shall deliver
one or more certificates of insurance evidencing coverage for liquor liability with
minimum coverage amounts of $1,000,000 per occurrence/ aggregate. The Town
shall be named as an additional insured on the liquor liability insurance policy re-
quired by this subparagraph (f). As an additional insured, the Town shall be pro-
vided coverage for any liability arising out of operations performed in whole or in
part by or on behalf of the Conservancy. The additional insured endorsement form
identification number shall also be included within the description box on the certif-
icate of insurance and the applicable policy number shall be included on the en-
dorsement.
3. Effect of Amendment. Except as expressly modified by this Amendment No. 1, the
terms of the Original Agreement shall remain in full force and effect.
4. Effective Date. This Amendment No. 1 is effective when it has been fully executed
on behalf of all of the Parties.
[SIGNATURE PAGE FOLLOWS]
COMMUNITY PARTNER & LICENSE AGREEMENT AMENDMENT NO. 1: MARANA HERITAGE CONSERVANCY
10/24/2016 JF
-2-
Marana Regular Council Meeting 11 /15/2016 Page 101 of 109
EXHIBIT A TO MARANA RESOLUTION No. 2016 -127
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as
Of the last date set forth below their respective signatures.
The ""Town":
TOWN OF MARANA
Ed Honea, Mayor
The ""Conservancy":
MARANA HERITAGE CONSERVANCY
Patrick Nilz, President
Date:
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATE OF Arizona )
)SS.
County of Pima )
Date:
The foregoing instrument was acknowledged before me this day of
2016 by Patrick Nilz, President of MARANA HERITAGE CON-
SERVANCY, an Arizona non - profit corporation, on behalf of the corporation.
(Seal)
Notary Public
COMMUNITY PARTNER & LICENSE AGREEMENT AMENDMENT NO. 1: MARANA HERITAGE CONSERVANCY
10/24/2016 JF
-3-
Marana Regular Council Meeting 11 /15/2016 Page 102 of 109
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Council - Regular Meeting
Meeting Date: 11/15/2016
To: Mayor and Council
From: Erik Montague, Finance Director
Date: November 15, 2016
Strategic Plan Focus Area:
Commerce, Community, Heritage, Recreation, Progress & Innovation
Strategic Plan Focus Area Additional Info:
Construction sales taxes are a significant source of revenues for transportation capital
improvement projects.
D1
Subject: Presentation: Relating to Transaction Privilege Tax; update and discussion regarding
potential modifications to the state construction sales tax and the activities of the
Construction Sales Tax Task Force (Erik Montague)
Discussion:
Legislation has been introduced each of the past three legislative cycles which would
significantly modify or even eliminate construction sales taxes as a classification, and move to
some version of retail sales taxes at the point of purchase. While it may seem straight forward in
concept, the application and payment of retail sales taxes on materials at the point of purchase is
extremely problematic for many growing communities, like Marana. This is primarily due to the
fact that most of the materials used in major residential and commercial construction projects are
not purchased within the community impacted by the activity. Large out of town or out of state
vendors provide most of the materials used in major construction projects. Cities and towns have
been successful, thus far, in stopping these bills primarily due to the catastrophic financial impact
from the loss of revenues to the communities impacted by the development.
The League of Arizona Cities and Towns established a task force on construction sales taxes in
June 2016. The intent was for the task force to proactively identify possible changes to
the construction sections of the existing Tax Code or comprehensive revision. The task force
comprises approximately 15 members who represent a diverse mix of municipalities, including
Marana, and disciplines. The committee has had nine meetings since June. Early meetings were
to frame the issues with the current system and establish the priorities of the stakeholder
Marana Regular Council Meeting 11 /15/2016 Page 103 of 109
communities. Issues and priorities identified in earlier meetings would be later used in
considering possible changes.
The purpose of tonight's presentation is to provide Council with an overview and update on the
results of the meetings thus far and to discuss the current options that the task force is
considering. Information and direction received here tonight will be shared with the task force at
the next meeting.
A brief presentation will be handed out the evening of the meeting.
Staff Recommendation:
Presentation only.
Suggested Motion:
Presentation only.
Attachments
No file (s) attached.
Marana Regular Council Meeting 11 /15/2016 Page 104 of 109
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Council - Regular Meeting D2
Meeting Date: 11/15/2016
To: Mayor and Council
From: Vickie Hathaway, Communications Manager
Date: November 15, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Administration; presentation, discussion and consideration of the survey
results regarding proposed designs for the Town of Marana's new logo /seal (Vickie
Hathaway)
Discussion:
The Town of Marana celebrates 40 years of incorporation in 2017, and in recognition of the
milestone, the Town is introducing a new Town logo to replace the current logo and seal. The
public has been invited to be a part of the selection process, and have voted on their favorite of
five proposed designs beginning October 6 through October 31. The results of the survey will be
presented to Council tonight for discussion and consideration.
The final logo design will be the result of a year -long project involving months of research, drafts,
and staff and public input. Marana's communication and design team worked with University of
Arizona graphic design student Michael Hauri to research best practices and gather sketches and
designs inspired by the current logo and seal, as well as the community's natural environment.
Initial design drafts were presented to Town staff, and the feedback collected was used to develop
the final designs. Black and white versions of the proposed logos were presented to Town
Council on September 13, and under Town Council direction, colorized versions were created in
the Town's signature teal and copper colors.
Staff will present proposed next steps in the logo selection process to Council at tonight's meeting.
Community members will begin seeing the new logo around the community beginning in early
2017. In tandem with this effort, the Town will also update Marana's graphic standards, which
provide guidelines for appropriate use of the logo. This mark will be used in a variety of
applications, from vehicle branding to letterheads to T -shirt designs. The graphic standards will
Marana Regular Council Meeting 11 /15/2016 Page 105 of 109
spell the specific requirements for using the brand in each of these settings.
Staff Recommendation:
Council's pleasure.
Suggested Motion:
Council's pleasure.
Attachments
Logo Survey Results
Marana Regular Council Meeting 11 /15/2016 Page 106 of 109
Logo Survey Results
MARANA AZ
MAiRANA AZ
Marana Regular Council Meeting 11/15/2016 Page 107 of 109
xsek
MARA►NA AZ
A d�
MARANA AZ
�AXJ I LI � I
Project Overview
• September 13: presentation on proposed logos
• Color palette established with Council direction
• Unscientific survey open for public input from October 5 -31
• November 15: presentation of survey results, with Council choosing
final logo
• Now- Dec 31: finalizing graphic standards manual and prepping with
departments for logo update
• Jan 1: Logo is live
• Jan -Feb 2017: 40 -year celebration banners with logo around
community
• March 2017 : Founder's Day celebration, community engagement
• April 2017: State of the Town, business and regional engagement
Marana Regular Council Meeting 11/15/2016 Page 108 of 109
Top 3 logos
MARANA AZ
\
MAPANA AZ I �
Marana Regular Council Meeting 11/15/2016 Page 109 of 109