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Regular Council Meeting Packet 11-07-2017
MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 7, 2017, 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 7, 2017, 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 electronic devices. 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 11/07/2017 Page 1 of 309 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.maranaaz.gov under Agendas and Minutes. 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. 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 P 1 Proclaiming November 25, 2017 as Small Business Saturday (Jocelyn C. Bronson) Marana Regular Council Meeting 11/07/2017 Page 2 of 309 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. Cl Resolution No. 2017-098: Relating to Utilities; approving and authorizing the Mayor to execute a one-year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (John Kmiec) C2 Ordinance No. 2017.022: Relating to Procurement; amending Title 3 (Administration) of the Marana Town Code by replacing existing Chapter 3-4 (Purchasing) with new Chapter 3-4 (Procurement); and designating an effective date (Jane Fairall) Resolution No. 2017-099: Relating to Procurement; declaring as a public record filed with the Town Clerk the comprehensive rewrite of Marana Town Code Chapter 3-4 (Procurement) adopted by Ordinance No. 2017.022 (Jane Fairall) C3 Resolution No. 2017-100: Relating to Administration; approving the transfer of $340,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within the Police, Legal and Technology Services Departments for unanticipated costs in the fiscal year 2016-2017 budget (Erik Montague) C4 Resolution No. 2017-101: Relating to Real Estate; approving and authorizing the acceptance of a dedication of 0.225 acres of land located in the Gladden Farms Blocks 7 & 13 subdivision (Frank Cassidy) C5 Resolution No. 2017-102: Relating to development; approving a final plat for Marana Market Place Lots 1-7 located at the southeast corner of Orange Grove and River Roads (Steven Vasquez) C6 Resolution No. 2017-103: Relating to Development; approving a final plat for Blue Agave II at Dove Mountain, Lots 193-256 and Block "1" (PRV Site) and Common Areas "A" (Private Streets), "B" (Open Space/Drainage) and "C" (Park), generally located in the southwest corner of the intersection of Dove Mountain Boulevard and Brittle Brush Drive (Steven Cheslak) Marana Regular Council Meeting 11/07/2017 Page 3 of 309 C7 Resolution No. 2017-104: Relating to Development; approving a final plat for Gladden Farms Block 26 Lots 1-96 and Common Areas A 1 - A4 and B 1 - B 5 located approximately at the southeast corner of Postvale and Moore Roads (Steven Vasquez) C8 Resolution No. 2017-105: Relating to Community Development; approving and authorizing the Mayor to execute Amendment No. 1 to the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2017-2018 Community Development Block Grant Program (Lisa Shafer) C9 Approval of October 17, 2017 Regular Council Meeting Minutes and October 30, 2017 Special Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Acquisition of Control series 10 Beer and Wine Store liquor license application submitted by Jodi L. Vurnovas on behalf of Good 2 Go, located at 8333 N. Cortaro Road, Marana, Arizona 85743 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Relating to Development; regarding the intent to assess development impact fees for street facilities, park facilities, water facilities, and sewer facilities (Keith Brann, John Kmiec) A2 PUBLIC HEARING: Ordinance No. 2017.023: Relating to Development; amending Marana Ordinance No. 2007.09, which adopted The Villages of Tortolita Specific Plan, governing land uses on approximately 1,780 acres of land located on the east side of Interstate 10 from about Marana Road on the south to about two-thirds of a mile north of the Pinal County line; and approving and authorizing the Mayor to sign The Villages of Tortolita Development Agreement (Brian D.Varney & Frank Cassidy) A3 Resolution No. 2017-106: Relating to Administration; approving an interfund loan of up to $2,400,000 of unrestricted funds from the Transportation Fund to the Wastewater Capital Fund for the Marana Water Reclamation Facility (WRF) expansion project (Erik Montague) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1 PUBLIC HEARING: Relating to Development; release of biennial certified audit of the Town's land use assumptions, infrastructure improvements plan and development fees for the period of July 1, 2014 through June 30, 2016 (Starla Anderson) Marana Regular Council Meeting 11/07/2017 Page 4 of 309 D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. El Executive Session pursuant to A.R.S. §38-431.03 ( 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 11/07/2017 Page 5 of 309 'Ad � MARANA AZ ESTABLISHED 1977 Council-Regular Meeting P1 Meeting Date: 11/07/2017 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: November 7, 2017 Subject: Proclaiming November 25, 2017 as Small Business Saturday (Jocelyn C. Bronson) Attachments Proclaiming November 25, 2017 as Small Business Saturday Marana Regular Council Meeting 11/07/2017 Page 6 of 309 MARANA A Z ESTABLISHED 1977 PROCLAMATION Small Business Saturday WHEREAS the Town of Marana celebrates our local small businesses because they create jobs, boost our local economy and preserve our neighborhoods; and WHEREAS there are currently 28.8 million small businesses in the U.S., representing 99.7 percent of all business and employees and responsible for 63 percent of net new jobs created over the past 20 years; and WHEREAS more than 112 million consumers shopped at small businesses on Small Business Saturday in 2016, a 13 percent increase from 2015; and WHEREAS over 90 percent of all consumers believe that supporting small, independently-owned restaurants and bars and general retailers benefits the local community; and WHEREAS the Town of Marana is proud to join the 480 advocacy groups as well as public and private organizations across the country which have endorsed the Saturday after Thanksgiving as Small Business Saturday; and NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim and recognize November 25, 2017 as SMALL BUSINESS SATURDAY and urge the residents of our community to support small businesses and merchants throughout the year. Dated this 7th day of November, 2017. 01-'oe Ed Honea, Mayo ATTEST: ocelyn Bronson, Town Clerk Marana Regular Council Meeting 11/07/2017 P ge 7 of 309 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C1 Meeting Date: 11/07/2017 To: Mayor and Council From: John Kmiec, Utilities Director Date: November 7, 2017 Strategic Plan Focus Area: Community Subject: Resolution No. 2017-098: Relating to Utilities; approving and authorizing the Mayor to execute a one-year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (John Kmiec) Discussion: The Water Department processes the billing for Pima County Regional Wastewater Reclamation (PCRWR) customers each month and sends the appropriate revenues to PCRWR. For this service, the Town is reimbursed per customer account processed based on an intergovernmental agreement executed in 2014. Marana Water Department staff and Pima County staff have negotiated a one-year extension of the sewer billing IGA that includes an increase from $1.00 to $1.27 per account per month to cover the Town's cost of providing water consumption data and sewer user account billing services to the Pima County Regional Wastewater Reclamation Department, and changes the payment of charges for billing and collection services from an offset (credit-against-collections) basis to a monthly invoice/payment basis. If approved, the IGA extension and $1.27 rate would be effective for one year beginning December 1, 2017. Financial Impact: Fiscal Year: FYI Budgeted Y/N: Yes Amount: Not to exceed $55,000 annually Marana Regular Council Meeting 11/07/2017 Page 8 of 309 *Water Department will receive $1.27 per account per month. Approximately 2,800 active accounts currently with an anticipated growth of approximately 300 accounts per year. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-098, approving and authorizing the Mayor to execute a one-year extension of the Pima County sewer user account billing IGA. Suggested Motion: I move to adopt Resolution No. 2017-098, approving and authorizing the Mayor to execute a one-year extension of the Pima County sewer user account billing IGA. Attachments Resolution No. 2017-098 Sewer Billing IGA extension Marana Regular Council Meeting 11/07/2017 Page 9 of 309 MARANA RESOLUTION NO. 2017-098 RELATING TO UTILITIES; AP P RO VIN G AND AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR EXTENSION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF WATER CONSUMPTION DATA AND SEWER USER ACCOUNT BILLING SERVICES WHEREAS Pima County operates and maintains a public sanitary sewerage system and is the designated public sewer system provider for the eastern and southern portions of the Town of Marana; and WHEREAS the Town of Marana is the potable water provider for a portion of the area that receives sewer service from Pima. County; and WHEREAS the Town and Pima. County entered into an intergovernmental agreement ef- fective December 1, 2014, for provision of water consumption data and sewer user account bill- ing services which terminates on November 30, 2016; and WHEREAS the Town and Pima County entered into a one-year intergovernmental agreement extension effective December 1, 2016, which terminates on November 30, 2017; and WHEREAS the Town and Pima. County desire to extend the intergovernmental agree- ment again for one year with an increase from $1.00 to $1.27 per account per month and a change in the payment of charges for billing and collection services from an offset basis to a monthly invoice/payment basis. NOW, THEREFORE, BE IT RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The one-year extension of the intergovernmental agreement between the Town of Marana and Pima. County for provision of water consumption data and sewer user ac- count billing services attached as Exhibit A to and incorporated by this reference in this resolu- tion is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the intergovernmental agreement, as amended. 00054543.DOCX/1 Marana Resolution No.2017-098 - 1 - 10/17/2017 3:56 PM Marana Regular Council Meeting 11/07/2017 Page 10 of 309 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00054543.DOCX/1 Marana Resolution No.2017-098 - 2 - 10/17/2017 3:56 PM Marana Regular Council Meeting 11/07/2017 Page 11 of 309 PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT PROJECT: Sewer Billing and Collection Services CONTRACTOR: Town of Marana CONTRACT NO.: CT-WW-15*195 CONTRACT AMENDMENT NO.: Two (2) ORIG. CONTRACT TERM: 12/01/2014 - 11/30/2016 ORIG. CONTRACT AMOUNT: $1107000.00 TERMINATION DATE PRIOR AMENDMENT: 11/30/2017 PRIOR AMENDMENTS: $ 557000.00 TERMINATION THIS AMENDMENT: 11/30/2018 AMOUNT THIS AMENDMENT: $ 557000.00 REVISED CONTRACT AMOUNT: $220,000.00 INTERGOVERNMENTAL AGREEMENT AMENDMENT WHEREAS, COUNTY and TOWN entered into an Intergovernmental Agreement (IGA)for services as referenced above; and WHEREAS, TOWN and COUNTY, pursuant to Article 4 - Term, have agreed to extend the IGA term for the second of four one-year renewal periods; and WHEREAS, TOWN and COUNTY have agreed to change the payment of charges for billing and collection services from an offset basis to a monthly invoice/payment basis; and WHEREAS, TOWN and COUNTY have agreed to increase the total contract amount to allow payment for the continued provision of sewer billing and collection services during the extended term of the contract. NOW, THEREFORE, it is agreed as follows: CHANGE: ARTICLE 4—Term. From: "... will terminate on November 30, 2017...." To: "... will terminate on November 30, 2018...." CHANGE: ARTICLE 3— Financing. From: a. For the services described in Item 2 above, the County agrees to pay and the Town agrees to offset against amounts owed the County, a monthly administrative and billing fee (collectively, the "Unit Price") of$1.00 per account per month. Such fees will reimburse the Town for the cost of billing and collection services each year. Total payment for this contract shall not exceed $55,000.00 annually. In the event population growth projections point to a potential exceedance of the $55,000 annual limit, County and Town agree to meet to discuss increasing funding to allow payment for the continued provision of services provided, however, the terms of this IGA may only be amended pursuant to Article 21, below. To: a. For the services described in Exhibit A(Scope), County agrees to pay Town a monthly administrative billing fee of$1.27 per month, per account from December 1, 2017 through November 30, 2018. Such fees will reimburse Town for the cost of billing and collection 95557/00406314/ v2 Page 1 of 2 Marana Regular Council Meeting 11/07/2017 Page 12 of 309 services based on the current number of 2,778 accounts and the projected growth of 300 accounts per year. Total payment to Town under this IGA will not exceed $55,000 annually. Town will invoice County, on a monthly basis, for the billing and collection services rendered. Each invoice will include detailed documentation supporting the requested payment. Payment requests will assign all costs to items identified and authorized by this IGA. County will pay Town within 30 days for the services invoiced pursuant to this IGA. County may challenge any invoice or may request additional supporting data provided, however, such challenge or data request will not delay County's payment. The effective date of this Amendment is December 1, 2017. All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. FOR PIMA COUNTY: FOR TOWN OF MARANA: Chair, Board of Supervisors Mayor ATTEST: ATTEST: Clerk of the Board Town Clerk Date: Date: APPROVED AS TO CONTENT: Director, Pima County RWRD Director, Pima County Finance Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party he or she represents. PIMA COUNTY: TOWN OF MARANA: Deputy County Attorney Town Attorney 95557/00406314/ v2 Page 2 of 2 Marana Regular Council Meeting 11/07/2017 Page 13 of 309 MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C2 Meeting Date: 11/07/2017 To: Mayor and Council From: Jane Fairall,Deputy Town Attorney Date: November 75 2017 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No.2017.022:Relating to Procurement;amending Title 3(Administration)of the Marana Town Code by replacing existing Chapter 3-4(Purchasing)with new Chapter 3-4(Procurement);and designating an effective date(Jane Fairall) Resolution No.2017-099:Relating to Procurement;declaring as a public record filed with the Town Clerk the comprehensive rewrite of Marana Town Code Chapter 3-4(Procurement)adopted by Ordinance No.2017.022(Jane Fairall) Discussion: At the Council's October 10,2017 Study Session,staff presented a comprehensive rewrite of Chapter 3-4 of the Marana Town Code regarding procurement. Council directed staff to bring the new procurement code back to the Council for adoption. As a starting point for this comprehensive overhaul,staff used the American Bar Association's(ABA)2000 Model Procurement Code for State and Local Governments,which has been adopted in whole or in part by the state of Arizona and many municipalities in Arizona and around the country. The ABA model code provides:(1)the statutory principles and policy guidance for managing and controlling the procurement of supplies,services,and construction for public purposes;(2)administrative and judicial remedies for the resolution of controversies relating to public contracts;and(3)a set of ethical standards governing public and private participants in the procurement process.The Code was approved by the policymaking body of the American Bar Association on July 11,2000,and represents official ABA policy in this area of the law. The table below reflects a summary of some of the more significant proposed changes to current code or practice. Section General New/Update Additional Information Reference 3-4-7 Town council New Requires Town Council approval for purchases over$50,000 if not in adopted approval budget;for purchases that exceed budgeted amount by more than$50,000;and for change orders that individually or cumulatively exceed$50,000 3-4-8 Town manager New Allows Town Manager or designee to approve any purchase up to$50,000;any approval purchase authorized in the adopted budget and not more than$50,000 higher than the budgeted amount;and change orders that individually or cumulatively total$50,000 or less F 3-4-12 Electronic New Incorporates wording which conforms with state law and provides flexibility to transmissions accept electronic submissions 3-4-13; Ethics New Intended to bring forward clarity and the importance of ethics in the procurement 3-4-14 process and remedies for breaches IF I IF Marana Regular Council Meeting 11/07/2017 Page 14 of 309 Self-performance Incorporates dollar limits in state law regarding the amount of work that can be 3-4-15.0 limits New performed by Town employees for public improvement projects 3-4-19 Small purchases Update -Changed small dollar threshold from$1,000 to$2,500 -Changed formal competitive bid threshold from those exceeding$10,000 to exceeding$25,000 -Under the changes,not less than three businesses must be solicited for purchases in excess of$2,500 but not exceeding$25,000 3-4-22 Used items Update Allows for the purchase of used items with Town Manager's approval;currently, Council's approval is required 3-4-32 Specifications New Incorporates requirements to ensure that specifications are created which maximize overall competition and that the use of brand names is generally intended for reference only 3-4-33 Small/Disadvantaged New Incorporates flexible language regarding policies and related efforts businesses 3-4-34 B drotests New incorporates language setting forth the timelines and process for bid protests To assist in understanding the impact of the proposed changes to the small purchase amounts(new Section 3-4-19),the table below represents an invoice line item detail from calendar years 2015-2017(approximately 2 1/2 years of data). The table groups transactions based upon invoice line item dollar amount. For example,transactions between$0-2,500 represent 92%of the detailed transaction volume,but only 8%of the spend. Invoice Years 2015-2017 Invoice RanQe Count of InvoicesSum of Invoices%of Count %of Saend $0-2500 30,631 $8,203,337 92% 8% $2500-5000 909 $3,105,040 3% 3% $5000-25000 1,208 $13,336,215 4% 14% >$25000 567 $71,935,297 2% 74% Total 33,315 $96,579,889 Financial Impact: The intent of these changes is to provide greater efficiency and transparency in the procurement of goods and services which,in turn,will provide for greater value for the public. Staff Recommendation: Staff recommends approval of the new Chapter 3-4(Procurement). Suggested Motion: I move to adopt Ordinance No.2017.022 and Resolution No.2017-099,amending Title 3 of the Marana Town Code by replacing existing Chapter 3-4(Purchasing)with new Chapter 3-4(Procurement);and declaring it as a public record. Attachments Ordinance No.2017.022 Resolution No.2017-099 Exhibit A-New Chapter 3-4 Marana Regular Council Meeting 11/07/2017 Page 15 of 309 MARANA ORDINANCE NO. 2017.022 RELATING TO PROCUREMENT; AMENDING TITLE 3 (ADMINISTRATION) OF THE MARANA TOWN CODE BY REPLACING EXISTING CHAPTER 3-4 (PURCHASING) WITH NEW CHAPTER 3-4 (PROCUREMENT); AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the finances of the town; and WHEREAS the Town Council finds that the procurement policies and procedures established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Existing Chapter 3-4 of the Marana. Town Code "Purchasing" is hereby replaced with the comprehensive rewrite of Marana Town Code Chapter 3-4 "Procurement," one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to Resolution No. 2017-099 of the Town of Marana, Arizona, and is hereby referred to, adopted and made a part of this ordinance as if fully set out here. 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 shall become effective on the thirty-first day after its adoption. 00054683.DOCX/1 Marana Ordinance No.2017.022 - 1 - Marana Regular Council Meeting 11/07/2017 Page 16 of 309 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIzoNA, this 71h day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00054683.DOCX/1 Marana Ordinance No.2017.022 - 2 - Marana Regular Council Meeting 11/07/2017 Page 17 of 309 MARANA RESOLUTION NO. 2017-099 RELATING TO PROCUREMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE COMPREHENSIVE REWRITE OF MARANA TOWN CODE CHAPTER 3-4 (PROCUREMENT) ADOPTED BY ORDINANCE NO. 2017.022 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the comprehensive rewrite of Marana. Town Code Chapter 3-4 (Procurement), a copy of which is attached to and incorporated in this resolution as Exlubit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00054684.DOCX/1 Marana Resolution No.2017-099 - 1 - Marana Regular Council Meeting 11/07/2017 Page 18 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 SECTION 1. Marana. Town Code Title 3 (Administration) is hereby amended to delete existing Chapter 3-4 (Purchasing) in its entirety and to replace it with new Chapter 3-4 (Procurement) as follows: CHAPTER 3-4. PROCUREMENT I. GENERAL PROVISIONS 3-4-1 Short title This chapter may be cited as the town of Marana procurement code. 3-4-2 Purpose It is the purpose and intent of this chapter to: A. Simplify, clarify, and modernize the laws governing town procurement. B. Permit the continued development of procurement policies and practices. C. Foster and maintain public confidence in the procurement process. D. Ensure the fair and equitable treatment of all persons involved in the town's public procurement process. E. Maximize the purchasing value of public funds through competitive procurement practices. F. Provide a procurement system of quality, integrity, and transparency. G. Obtain in a cost-effective and responsive manner the materials, services, and construction required by the town to better serve the town's businesses and residents. H. Ensure the proper disposal of property, equipment and materials that are no longer of value to the town. 3-4-3 Supplementary general principles of law applicable Unless displaced by the particular provisions of this chapter, the principles of law and equity,including the uniform commercial code of this state,the common law of contracts as applied in this state and law relative to agency, fraud, misrepresentation, duress, coercion and mistake supplement the provisions of this chapter. 3-4-4 Requirement of good faith All parties involved in the negotiation, performance, or administration of town contracts are required to act in good faith. 1 Marana Regular Council Meeting 11/07/2017 Page 19 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 3-4-5 Definitions The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. A. "Business" means any corporation, partnership, individual, sole proprietorship,joint stock company,joint venture, or any other legal entity. B. "Change order" means a written document authorized by the purchasing director which directs the contractor to make changes with or without the consent of the contractor. C. "Confidential information" means any information which is available to any employee only because of the employee's status as an employee of the town and is not a matter of public knowledge or available to the public on request. D. "Construction"means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation,routine repair or routine maintenance of existing facilities, structures, buildings or real property. E. "Contract" means all types of agreements, regardless of what they may be called, for the procurement of supplies, services, or construction. F. "Contract modification"or"bilateral change"means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity,or other provisions of any contract accomplished by mutual action of the parties to the contract. G. "Contractor" means any person having a contract with the town. H. "Cooperative purchasing"means procurement conducted by,or on behalf of, one or more public procurement units, including the state of Arizona, any other state, an agency of the United States, any political subdivision of the state of Arizona or another state, any agency, board, department or other instrumentality of such political subdivision, and any nonprofit corporation created solely for the purpose of administering a cooperative purchase. I. "Design services" means architect services, engineer services or landscape architect services. J. "Disadvantaged business' means a small business owned or controlled by a majority of persons including but not limited to members of minority groups who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. K. "Employee" means an individual drawing a salary or wages from the town, whether elected or not; any non-compensated individual performing personal services for the town or any department, agency, commission, council, board, or any other entity established by the executive or legislative 2 Marana Regular Council Meeting 11/07/2017 Page 20 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 branch of the town; and any non-compensated individual serving as an elected official of the town. L. "Gratuity" means a payment,loan,subscription, advance, deposit of money, service,or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. M. "Invitation for bids" means all documents,whether attached or incorporated by reference, used for soliciting bids. N. "Person" means any business, individual, union, committee, club, other organization, or group of individuals. O. "Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any materials, services, construction or construction services. Includes all functions that pertain to obtaining any materials, services, construction or construction services, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration. P. "Public notice" means the distribution or dissemination of information to interested parties using methods that are reasonably available, including publication in newspapers of general circulation, electronic or paper mailing lists, and web sites designated by the town and maintained for that purpose. Q. "Purchasing director" means the town's finance director or the finance director's designee. R. "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. S. "Responsible bidder or offeror" means a person who has the capability in all respects to perform fully the contract requirements, and the experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. T. "Responsive bidder" means a person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids. U. "Services" means the furnishing of labor, time or effort by a contractor or subcontractor that does not involve the delivery of a specific end product other than required reports and performance. This term shall not include employment agreements or collective bargaining agreements. V. "Small business" means an independently owned business not dominant in its field of operation and not affiliated with or subsidiary to a business dominant in its field of operation. W. "Specification" means any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It 3 Marana Regular Council Meeting 11/07/2017 Page 21 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery. X. "Supplies" means all property, including but not limited to equipment, materials,printing,insurance,and leases of real property,excluding land or a permanent interest in land. Y. "Surplus supplies" means any supplies no longer having any use to the town, including obsolete supplies, scrap materials, and supplies that have completed their useful life cycle. Z. "Technical registrant" means a person who provides any of the professional services listed in Arizona revised statutes,title 32,chapter 1,as amended,and includes,but is not limited to,architects,assayers, engineers, geologists, land surveyors and landscape architects. 3-4-6 Application;exclusions A. This chapter shall apply to: 1. Every expenditure of public funds for the procurement of supplies, services, and construction entered into by the town irrespective of the source of the funds, unless otherwise specified in this code. Nothing in this chapter shall prevent the town or any department from complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law. 2. The inventory and disposal of town materials and supplies, unless otherwise provided by law. B. This chapter shall not apply to: 1. Contracts between the town and the federal government, the state of Arizona and political subdivisions of the state of Arizona, except as provided in this procurement code. 2. Contracts for expert services, if the purpose of such services is to provide for professional services relating to an existing or probable lawsuit in which the town is or may become a party or to contracts for special investigative services for law enforcement or administrative investigation purposes. 3. Agreements negotiated by legal counsel representing the town in settlement of pending litigation or threatened litigation. 4. Development agreements, as defined in Arizona revised statutes section 9-500.05, as amended. 5. Contracts for the purchase or sale of real property and ancillary services related thereto, such as title insurance, appraisals or environmental 4 Marana Regular Council Meeting 11/07/2017 Page 22 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 assessments to the extent that they are negotiated in connection with a contract for purchase or sale of real property. II. PROCUREMENT ORGANIZATION 3-4-7 Town council approval A. The town council approves purchases by or on behalf of the town through inclusion of the purchase in the town's legally adopted annual budget. B. Notwithstanding other provisions of this chapter, separate town council approval of purchases is required in the following instances: 1. Where prior approval is required by state law or town code. 2. Where the purchase exceeds$50,000 and funds for the purchase are not provided in the budget as adopted. 3. Where the purchase is authorized in the adopted budget but the funds exceed the budgeted amount by more than $50,000. 4. For change orders that individually or cumulatively exceed $50,000. C. A town council resolution or action approving a purchase or contract may include change order authorization exceeding the amounts otherwise set forth in this chapter. 3-4-8 Town manager approval A. The town manager or designee is authorized to approve all of the following unless prior town council approval is required by state law or town code: 1. Any purchase up to $50,000. 2. Any purchase authorized in the adopted budget and not more than $50,000 higher than the budgeted amount. 3. Change orders that individually or cumulatively total$50,000 or less. B. The town manager or designee may approve change orders to public improvements contracts that exceed the authority otherwise granted by this section if the town manager reasonably determines that doing so will avoid unnecessary contractor delay claims or costs or public health or safety hazards that would otherwise occur while awaiting town council approval, provided that town council ratification occurs as soon as practicable thereafter. 3-4-9 Authority of purchasing director The purchasing director shall have general supervision, responsibility and authority to: 5 Marana Regular Council Meeting 11/07/2017 Page 23 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 A. Procure, contract for and execute agreements for supplies and services, including rentals, service agreements, and leases needed by any town department, in accordance with this procurement code. B. Approve and sign change orders to contracts in accordance with this procurement code. C. Establish and amend all regulations, forms, procedures and rules necessary and proper to implement the provisions of this procurement code. D. Suspend or debar vendors consistent with the provisions of this procurement code. E. Centralize procurement, consistent with this procurement code, by which materials, supplies, equipment and contractual services for all town departments are purchased. F. Inform town employees and contractors of the ethical standards for public contracting. G. Sell, trade,or otherwise dispose of surplus supplies belonging to the town, as deemed advantageous. H. Designate another town representative to have the authority to perform any or all of the above tasks. 3-4-10 Determinations Written determinations required by this chapter shall be retained in the official bid file of the purchasing director. 3-4-11 Public access to procurement information Procurement information shall be a public record and available to the public to the extent provided in Arizona's public records law. 3-4-12 Authorization for the use of electronic transmissions The use of electronic media, including acceptance of electronic signatures, is authorized consistent with applicable statutory, regulatory, or other authorization and guidance for use of electronic media, and provided that the electronic media (i) has appropriate security to prevent unauthorized access to the bidding, approval, and award processes and (ii) can be accurately retrieved or converted into a medium capable of being inspected and copied. III.ETHICS 3-4-13 Ethical standards A. It is a violation of this procurement code: 6 Marana Regular Council Meeting 11/07/2017 Page 24 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 1. For any person to attempt to or influence any town employee to violate the provisions of ethical conduct set forth in this procurement code. 2. For any person preparing specifications or plans pursuant to this procurement code or any policy or procedure of the town to receive any direct pecuniary benefit from the use of such plans or specifications. 3. For any employee or agent acting on behalf of the town to directly or indirectly participate in or benefit or receive any pecuniary benefit from a procurement in violation of state or federal law. 4. For any person to offer, give, or agree to give to any town employee, or for any town employee to solicit,demand,accept,or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specifications or procurement standard, or advice, investigation, auditing, or any other advisory communication or service, in any proceeding or application,request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation, bid, or proposal therefor. 5. For any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. Violation of this standard shall constitute grounds for termination of a contract with the town and debarment of the vendor from doing any further business with the town. 6. For a person to be retained, or to retain a person, to solicit or secure a town contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee, except for retention of bona fide established selling agencies for the purpose of securing business. 7. For any employee who is participating directly or indirectly in a procurement process to become the employee of any person under contract with the town concerning any matters that the employee participated in during the same procurement process for a period of 12 months following his or her employment with the town. 8. For any employee or former employee of the town to disclose or use confidential information acquired by the employee in the performance of the employee's official duties for anticipated pecuniary benefit, or for the actual or anticipated pecuniary benefit of any person. 7 Marana Regular Council Meeting 11/07/2017 Page 25 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 B. It is no defense to a violation of this section that the employee to whom a benefit or offer of employment was made was not qualified to act in the desired manner. C. An employee or person may violate this section by intentionally or knowingly engaging in a violation or by recklessly or negligently engaging in a violation. 3-4-14 Recovery of value transferred or received in breach of ethical standards A. The value of anything transferred or received in breach of the ethical standards of this chapter by a town employee or a nonemployee may be recovered from both the town employee and the nonemployee. B. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the town and will be recoverable from the recipient. In addition, that amount may also be recovered from the subcontractor making the kickbacks. Recovery from one offending party shall not preclude recovery from other offending parties. IV. SOURCE SELECTION AND CONTRACT FORMATION 3-4-15 Public improvements A. Procurement of public improvements contracts. The town shall procure all contracts for construction for public improvement projects in the manner prescribed by title 34 of the Arizona revised statutes, as amended. If public competitive bidding is not required pursuant to state law, then the requirements of this chapter shall apply. If there is a conflict between this chapter and Arizona revised statutes, title 34, as amended, the provisions of title 34 shall govern. B. Procurement of construction services. Contracts for construction services shall be solicited through a design-build,construction-manager-at-risk or j ob- order-contracting selection process utilizing a request for qualifications except as otherwise provided for in this chapter.The procurement agent shall award and administer contracts for construction services in accordance with the requirements of A.R.S. title 34 and this chapter. C. Construction by town employees. Any building, structure, addition or alteration may be constructed either with or without the use of the town's regularly employed personnel without advertising for bids; provided, that the total cost of the work, excluding materials and equipment previously acquired by bid, does not exceed limits established in A.R.S. § 34-201. 8 Marana Regular Council Meeting 11/07/2017 Page 26 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 3-4-16 Competitive sealed bidding A. Conditions for use. Contracts shall be awarded by the use of competitive sealed bidding except as otherwise provided in this procurement code. B. Invitation for bids. An invitation for bids shall be issued and shall include specifications, and all contractual terms and conditions applicable to the procurement. C. Public notice. Public notice of an invitation for bids shall be in a manner that is reasonable in the judgment of the purchasing director, given the commercial context of the proposed purchase. 1. The public notice shall state the date, time, and place of bid opening. 2. Notice may be given in any publication of general circulation that is reasonably available to prospective bidders in the judgment of the purchasing director. 3. For purposes of this paragraph, reasonable notice shall be defined as not less than ten calendar days. D. Bid opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. 1. The amount of each bid, and such other relevant information as the purchasing director deems appropriate, together with the name of each bidder, shall be recorded. 2. The record of bids shall be open to public inspection immediately, but individual bids shall be open to public inspection only after the contract is awarded. E. Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. 1. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. 2. Those criteria that will affect the bid price and be considered in the evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. 3. The invitation for bids shall set forth the evaluation criteria to be used. 4. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. F. Correction or withdrawal of bids; cancellation of awards. Corrections or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be 9 Marana Regular Council Meeting 11/07/2017 Page 27 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 permitted where appropriate in the purchasing director's sole discretion. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the purchasing director. 1. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the office designated in the invitation for bids prior to the time set for bid opening. 2. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. 3. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the town or fair competition shall be permitted. 4. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if: a. The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or b. The bidder submits evidence that clearly and convincingly demonstrates that a mistake was made. G. Award. 1. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. 2. If the low responsive and responsible bid for a construction project exceeds available funds as determined by the purchasing director, the purchasing director is authorized,when time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds. H. Multi-step sealed bidding. When it is considered impractical to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation. 3-4-17 Competitive sealed proposals A. Conditions for use. When the purchasing director or authorized designee determines that the use of competitive sealed bidding is either not practicable 10 Marana Regular Council Meeting 11/07/2017 Page 28 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 or not advantageous to the town,a contract may be entered into by use of the competitive sealed proposals or other approved methods. B. Requests for proposals. Proposals shall be solicited through a request for proposals. C. Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 3-4-16 C. D. Receipt of proposals. Proposals shall be submitted at the time and place designated in the public notice. 1. Proposals shall be opened so as to avoid disclosure of the contents of any proposal to competing offerors during the process of negotiation. 2. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. 3. The register of proposals shall be open for public inspection only after contract award. E. Evaluation factors. The request for proposals shall state the relative importance of price and other evaluation factors; specific numerical weighting is not required. F. Discussion with responsible offerors and revisions to proposals. Discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award f or the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. 1. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. 2. Revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. 3. In conducting discussions,there shall be no disclosure of any information derived from proposals submitted by competing offerors. G. Award. The award shall be made to the responsible and responsive offeror whose proposal is determined,in writing,to be the most advantageous to the town and to best meet the overall needs of the town taking into consideration the evaluation factors set forth in the request for proposals. 1. No other factors or criteria may be used in the evaluation other than as set forth in the request for proposals. 2. The contract file shall contain the basis upon which the award is made. H. Debriefings. The purchasing director is authorized to provide debriefings that furnish the basis for the source selection decision and contract award. 11 Marana Regular Council Meeting 11/07/2017 Page 29 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 3-4-18 Professional services contracts;statements of qualifications A. Technical registrants. The town shall procure professional services from technical registrants in the manner prescribed by title 34, chapter 6 of the Arizona revised statutes, as amended, if either of the following applies: 1. The contract is with a technical registrant other than an architect and is for an amount of more than $500,000. 2. The contract is with an architect and is for an amount of more than $250,000. B. Professional legal services. The town attorney is authorized to directly select legal counsel for any legal matters involving the town. C. Other professional services. Except as provided in paragraphs A and B of this section, the town may procure professional services by soliciting statements of qualifications for providing such services; provided, however, that the town may procure professional services by direct selection pursuant to administrative regulations promulgated by the purchasing director. The procurement of professional services through the use of statements of qualifications shall be as follows: 1. The purchasing director or authorized designee shall give adequate notice of the need for such services through a request for qualifications or request for proposals. The request shall describe the services required, list the types of information and data required of each offeror, and state the relative importance of particular qualifications. 2. Persons engaged in providing the designated types of professional services may submit statements of qualifications in providing such professional services. The town shall supply a uniform format for statements of qualifications based upon department needs. 3. The purchasing director or authorized designee shall appoint a committee to review qualifications. The committee shall consist of the purchasing director or authorized designee and one or more professionals licensed, registered or admitted to the profession which is the subject of the procurement. Discussions with offerors who submit proposals may be conducted to determine qualifications for further consideration. Award shall be made to the offeror determined in writing to be the best qualified. Compensation shall be negotiated after an award is made. 4. The purchasing director or authorized designee shall conduct negotiations with the offeror determined to be the most qualified to establish fair and reasonable compensation. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one or more other offerors determined to be qualified, 12 Marana Regular Council Meeting 11/07/2017 Page 30 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 negotiations may be conducted with such other offeror or offerors, in the order of their respective qualification ranking, and the contract may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable. 5. The contract award shall be made to the offeror determined in writing by the purchasing director or authorized designee to be best qualified based upon: a. The evaluation factors set forth in the request for qualifications or request for proposals; and b. Agreement between the town and the offeror as to fair and reasonable compensation. 3-4-19 Small purchases A. Any procurement not exceeding$25,000 may be made in accordance with the small purchase procedure authorized in this section. B. For small purchases in excess of$2,500 no fewer than three businesses shall be solicited to submit quotations. 1. In awarding contracts for services, in addition to quoted fees, the purchasing director may consider the relative qualifications of businesses submitting quotes. 2. Award shall be made to the business offering the lowest acceptable quotation. 3. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and maintained as a public record. C. The purchasing director shall adopt operational procedures for small purchases of$2,500 or less. 1. The operational procedures shall provide for obtaining adequate and reasonable competition for the supply or service being purchased. 2. The operational procedures shall require the preparation and maintenance of records adequate to document the competition obtained, to properly account for the funds expended, and to facilitate an audit of the small purchase made. D. Contract requirements shall not be artificially divided so as to constitute a small purchase under this section. 3-4-20 Sole source procurement A. A contract may be awarded without competition when the purchasing director determines, after conducting a good faith review of available 13 Marana Regular Council Meeting 11/07/2017 Page 31 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 sources, that there is only one source for the required supply, service, or construction item, or no reasonable alternative sources exist. B. The purchasing director shall conduct negotiations, as appropriate, as to price, delivery, and terms. C. A record of sole source procurements shall be maintained as a public record and shall list each contractor's name, the amount and type of each contract, and a listing of the item(s) procured under each contract 3-4-21 Emergency procurements A. Notwithstanding any other provisions of this chapter, the purchasing director may make or authorize others to make emergency procurements of supplies, services, or construction items when there exists a threat to public health, welfare, or safety. B. Emergency procurements shall be made with such competition as is practicable under the circumstances. C. A record of each emergency procurement shall be maintained as a public record and shall list each contractor's name, the amount and type of each contract, a listing of the item(s) procured under the contract, and a written determination of the basis for the emergency and for the selection of the particular contractor. 3-4-22 Used items Upon compliance with this section and after determining in writing that it is in the town's best interests, the purchasing director may make or authorize others to make procurements of used items. A. The purchasing director may waive or modify any or all bid procedures with respect to the used items. B. The purchasing director's written determination shall not be made without the approval of the town manager. C. This section does not apply to any procurement the town attorney determines in writing to be contrary to applicable law. 3-4-23 Cooperative purchasing A. The purchasing director is authorized to participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services or construction with one or more eligible procurement units, including a state, another political subdivision of a state, state cooperatives, and the federal government in accordance with an agreement entered into between the participants. 14 Marana Regular Council Meeting 11/07/2017 Page 32 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 B. All cooperative purchasing conducted under this section shall be through contracts awarded through full and open competition, including use of source selection methods substantially equivalent to those specified in this code. C. The town shall not enter into a cooperative purchasing agreement for the purpose of circumventing this chapter. 3-4-24 Cancellation of invitations for bids or requests for proposals A. An invitation for bids, a request for proposals, or other solicitation may be cancelled,or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when the purchasing director determines it is in the best interests of the town to do so. B. The reasons for the cancellation or rejection shall be made part of the contract file. 3-4-25 Determination of nonresponsibility;right of nondisclosure A. If a bidder or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility, setting forth the basis of the finding,shall be prepared by the purchasing director. A copy of the written determination shall be sent to the nonresponsible bidder or offeror and shall be made part of the contract file. B. The unreasonable failure of a bidder or offeror to promptly supply information regarding an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility. C. Confidential information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the office of the purchasing director without prior written consent by the bidder or offeror. 3-4-26 Bid and contract security A. The purchasing director or authorized designee may require the submission of security to guarantee faithful bid and contract performance. B. In determining the amount and type of security required for each bid or contract,the purchasing director shall consider the nature of the performance and the need for future protection to the town. C. The requirement for security must be included in the invitation for bids or request for proposals. D. Bid, performance, and payment bonds shall not be used as a substitute for a determination of bidder responsibility. 15 Marana Regular Council Meeting 11/07/2017 Page 33 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 E. The purchasing director or authorized designee may waive the security requirement if he or she finds by clear and convincing evidence that waiver is in the best interest of the town. 3-4-27 Types of contracts Subject to the limitations of this section, any type of contract that will promote the best interests of this town may be used, except that the use of a cost-plus-a- percentage-of-cost contract is prohibited. 3-4-28 Multi-year contracts A. Unless otherwise provided by law,a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the town, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. B. A multi-year contract is authorized when: 1. Estimated requirements cover the period of the contract and are reasonably firm and continuing; and 2. Such a contract will serve the best interests of the town by encouraging effective competition or otherwise promoting economies in town procurement. C. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for such purposes. 3-4-29 Reporting of anticompetitive practices When for any reason collusion or other anticompetitive practices are suspected among any bidders of offerors, a notice of the relevant facts shall be transmitted to the state attorney general's office. 3-4-30 Retention of procurement records All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the state of Arizona. 16 Marana Regular Council Meeting 11/07/2017 Page 34 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 3-4-31 Supply management A. The purchasing director shall be responsible for the management of town supplies during their entire life cycle. B. The purchasing director may sell, lease, transfer, or dispose of surplus supplies in accordance with state law,in the best interests of the town,and in as competitive a manner as the purchasing director determines to be practicable. C. No town employee shall be entitled or permitted to purchase any surplus supplies from the town. D. Unless otherwise provided by law, all proceeds from the sale of surplus property will be deposited into the town's general fund. Proceeds from sale of enterprise, federal, grant or other special designation property will be reimbursed, less pro-rated selling expenses, to the appropriate fund, after completion of each sale. 3-4-32 Specifications A. Preparation. Each solicitation shall include specifications for the supplies, services, or construction to be provided. B. Multiple or conflicting provisions. 1. If specifications for a solicitation address the same subject matter as a provision of this chapter,they shall be harmonized and read together, to the extent possible. 2. To the extent a specification directly conflicts with a provision of this chapter,the provision of this chapter shall control unless the purchasing director is notified of and approves in writing the conflicting specification before the contract is awarded. C. Purchasing director's duties. 1. The purchasing director shall determine and ensure the adequacy of specifications in solicitations issued under this chapter. 2. The purchasing director shall obtain expert advice and assistance from the department or departments for whose benefit the solicitation is occurring in the development of specifications. 3. The purchasing director may delegate in writing to a department head the authority to prepare and utilize its own specifications. D. Maximum practicable competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the town's needs, and shall not be unduly restrictive. E. Specifications prepared by other than town personnel. The requirements of this article regarding the maximum practicable competition of specifications 17 Marana Regular Council Meeting 11/07/2017 Page 35 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 shall apply to all specifications prepared other than by town personnel, including, but not limited to, those prepared by architects, engineers, designers, and consultants for public contracts,or subcontractors. No person preparing specifications shall receive any direct or indirect benefit from the utilization of such specifications. F. Brand name or equal specification. A brand name or equal specification may be used to describe the standards of quality, performance, and other characteristics needed to meet the requirements of a solicitation, and which invites offers for equivalent products from a manufacturer. Use of a brand name or equal is not intended to limit or restrict competition. G. Brand name specification. A brand name specification may be used to identify the sole acceptable item that meets the town's needs. 1. The using agency requesting a brand name specification shall provide written evidence to support a brand name determination. 2. A written determination by the procurement agent of the basis for the brand name shall be maintained as public record. 3. Past success in the material's performance, traditional purchasing practices, or inconvenience of drawing specifications do not justify the use of a brand name specification. 3-4-33 Assistance to small and disadvantaged businesses A. Policy. The town hereby adopts and implements a policy to assist small and disadvantaged businesses in learning how to do business with the town. B. Implementation. Implementing the town's policy to assist small and disadvantaged businesses, the purchasing director shall do all of the following: 1. Where feasible, provide appropriate staff to assist small and disadvantaged businesses in learning how to do business with the town. 2. Give special publicity to procurement procedures and issue special publications designed to assist small and disadvantaged businesses in learning how to do business with the town. 3. Compile, maintain, and make available source lists of small and disadvantaged businesses for the purpose of encouraging procurement from small and disadvantaged businesses. 4. Include small and disadvantaged businesses on solicitation mailing lists, where appropriate. C. Compliance with federal and contract requirements. Where a procurement involves the expenditure of federal assistance or contract funds, the purchasing director shall comply with the requirements associated with the 18 Marana Regular Council Meeting 11/07/2017 Page 36 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 federal assistance or contract funds, even if they mandate actions not reflected in this chapter. V.LEGAL AND CONTRACTUAL REMEDIES 3-4-34 Bid protests A. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the purchasing director. The protest shall be submitted in writing within ten calendar days after the town's issuance of the notice of intent to award contract. B. The purchasing director is authorized, prior to the commencement of an action in court concerning the protest,to take any necessary and appropriate action to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. C. If the protest is not resolved by mutual agreement, the purchasing director shall promptly issue a decision in writing. The decision shall: 1. Sustain or deny the protest; 2. State the reasons for the action taken; and 3. Inform the aggrieved party of its right to judicial review of the matter, if appropriate. D. A copy of the decision shall be mailed or otherwise furnished immediately to the aggrieved party and any other party intervening. E. The purchasing director's decision regarding a bid protest shall constitute final administrative action. The aggrieved party may seek judicial review of the administrative action in any court of competent jurisdiction. 3-4-35 Debarment or suspension A. The purchasing director, after consulting with the town attorney, is authorized to debar or suspend a person for cause from consideration for award of contracts. B. A debarment shall be for a period of not more than three years. A suspension shall be for a period not to exceed three months. C. The causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; 19 Marana Regular Council Meeting 11/07/2017 Page 37 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 2. Conviction under state or federal statutes of embezzlement,theft,forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently,seriously,and directly affects responsibility as a town contractor; 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; 4. Violation of contract provisions,as set forth below,of a character which is regarded by the purchasing director to be so serious as to justify debarment action: a. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; 5. Any other cause the purchasing director determines to be so serious and compelling as to affect responsibility as a town contractor, including debarment by another governmental entity for any cause listed in this section; and 6. For violation of the ethical standards set forth in this chapter. D. The purchasing director shall issue a written notice of intent to debar or suspend to the person involved. The notice shall include justification for the debarment or suspension with references to the statutes,ordinances,codes or substantive policy statements on which the debarment or suspension is based. The notice shall be mailed or otherwise furnished immediately to the person. E. The person receiving the notice of intent may object to the debarment or suspension by responding in writing to the purchasing director within 14 calendar days of receipt of the notice. If the person does not object within the allotted time, the purchasing director shall finalize the debarment or suspension in the manner set forth in this section. F. The purchasing director is authorized to take any necessary and appropriate action regarding the proposed debarment or suspension, including but not limited to, meeting with the person involved, requesting more information from the person, or conducting further investigation regarding the reasons for debarment or suspension. G. After taking any necessary and appropriate action, the purchasing director shall issue a written decision to debar or suspend.The decision shall state the 20 Marana Regular Council Meeting 11/07/2017 Page 38 of 309 EXHIBIT A TO MARANA RESOLUTION NO. 2017-099 Amendments to the Manana Town Code, Title 3 "Administration" Chapter 3-4 "Procurement"pursuant to Manana Ordinance No. 2017.022 reasons for the action taken and inform the debarred or suspended person of its rights concerning judicial review. H. A copy of the written decision shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening. I. The purchasing director's decision regarding a debarment or suspension shall constitute final administrative action. The aggrieved party may seek judicial review of the administrative action in any court of competent jurisdiction. 3-4-36 Contract claims A. Any contractor may submit a contract claim in writing to the purchasing director. The contractor may request a conference with the purchasing director on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission. B. The purchasing director is authorized, prior to the commencement of an action in court concerning the claim, to take any necessary and appropriate action to settle and resolve the claim. C. If the claim is not resolved by mutual agreement, the purchasing director shall promptly issue a decision in writing. The decision shall: 1. Sustain or deny the claim 2. State the reasons for the action taken 3. Inform the contractor of its right to judicial review of the matter, if appropriate. D. A copy of the decision shall be mailed or otherwise furnished immediately to the contractor. E. The purchasing director's decision regarding a contract claim shall constitute final administrative action. The aggrieved party may seek judicial review of the administrative action in any court of competent jurisdiction. F. If the purchasing director does not issue a written decision regarding any contract claim within seven days after written request for a final decision, or within such longer period as may be agreed upon between the parties, then the contractor may proceed as if an adverse decision had been received. 21 Marana Regular Council Meeting 11/07/2017 Page 39 of 309 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C3 Meeting Date: 11/07/2017 To: Mayor and Council From: Erik Montague, Finance Director Date: November 7, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-100: Relating to Administration; approving the transfer of $340,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within the Police, Legal and Technology Services Departments for unanticipated costs in the fiscal year 2016-2017 budget (Erik Montague) Discussion: The budget for fiscal year 2016-2017 was adopted on June 21, 2016 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. Council approval is required for budgetary transfers between General Fund departments and between funds, and for any transfer of contingency. The purpose of this item is to request transfers of General Fund contingency to various departments which exceeded their legal level of budgetary control due to unanticipated costs. The following provides additional detail on those costs: Unanticipated Police Department Costs Transfer of General Fund expenditure authority from the contingency line item to the Police Department restricted budget line item for the amount of$300,000 as a result of the following: •Personnel Costs - Approximately $59,000 in unanticipated, accrued personnel costs were incurred as part of a fiscal year 2016-2017 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 2016-2017, the Finance Department accrued seven days of accrued payroll for the first pay date in the new, 2017-2018 fiscal year, as those days were incurred in the previous fiscal year. The accrual for the 2015-2016 fiscal year included only six days. Most of this variance is attributable to Marana Regular Council Meeting 11/07/2017 Page 40 of 309 the accrual of the additional day. •Workers' Compensation Insurance Costs - Approximately $123,000 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 1.47 in 2015-2016 to 1.56 in 2016-2017 which significantly increased workers' compensation insurance rates for all Town departments. In fact, most departmental workers' compensation budgets were exceeded for the fiscal year 2016-2017. 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. •The remaining $118,000 in costs were attributable to overages in multiple lines including, but not limited to, shift differential, temporary wages, FICA, insurance and retirement. Additional efforts were made in the fiscal year 2017-2018 salary and benefit projection that staff believes will address significant portions of these variances. Unanticipated Legal Department Costs Transfer of General Fund expenditure authority from the contingency line item to the Legal Department restricted budget line item in the amount of$20,000 for overages related to unanticipated, outside legal counsel costs related to the Pines development and related legal issues. Unanticipated Technology Services Department Costs Transfer of General Fund expenditure authority from the contingency line item to the Technology Services Department restricted budget line item in the amount of$20,000 for a large equipment order made at the end of the fiscal year and expected to be received in the new fiscal year, but which was received before the end of the current fiscal year. In accordance with Generally Accepted Accounting Principles the expenditure must be recorded in the year the goods or services were received. The unanticipated costs described above were already included within the preliminary, year-end financial results numbers provided to Council in October 2017. If approved, the expenditure transfer of contingency to the various departments described in this report will not increase overall, actual expenditures. Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Y Amount: $ Marana Regular Council Meeting 11/07/2017 Page 41 of 309 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 was already included in the preliminary numbers presented to Council in October 2017. Staff Recommendation: Staff recommends approval of Resolution No. 2017-100; approving the budget transfer from the General Fund contingency line item to the Police, Legal and Technology Services Department budgets for unanticipated costs as described in Schedule A. Suggested Motion: I move to adopt Resolution No. 2017-100, transferring $340,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within the Police, Legal and Technology Services Departments in the fiscal year 2016-2017 budget for unanticipated costs. Attachments Resolution No. 2017-100 Schedule A Marana Regular Council Meeting 11/07/2017 Page 42 of 309 MARANA RESOLUTION NO. 2017-100 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF $340,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE RESTRICTED BUDGET LINE ITEMS WITHIN THE POLICE, LEGAL AND TECHNOLOGY SERVICES DEPARTMENTS FOR UNANTICIPATED COSTS IN THE FISCAL YEAR 2016-2017 BUDGET WHEREAS on June 21, 2016, the Town Council adopted the fiscal year 2016-2017 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, Legal and Technology Services Departments incurred unantici- pated nanticipated costs which could not be offset by savings within other budgetary line items; and WHEREAS transferring amounts within the fiscal year 2016-2017 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 RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of $340,000 from the General Fund's budgeted contingency line item to the restricted budget line items within the Police, Legal and Technology Services Departments in the fiscal year 2016-2017 budget, as set forth in Exhibit A, attached to and incor- porated by this reference in this resolution, is hereby approved. SECTION 2. The Town's Manager and staff are hereby directed and authorized to un- dertake ndertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. 00054758.DOCX/1 Marana Resolution No.2017-100 - 1 - Marana Regular Council Meeting 11/07/2017 Page 43 of 309 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00054758.DOCX/1 Marana Resolution No.2017-100 - 2 - Marana Regular Council Meeting 11/07/2017 Page 44 of 309 Town of Marana Schedule of General Fund Budget Adjustments —Fiscal year 2016-2017 Exhibit A Budgetary transfers due to unanticipated costs: Department Increase Decrease Police $30000 Legal 2000 Technology Services 2000 Contingency $34000 Total $34000 $34000 Marana Regular Council Meeting 11/07/2017 Page 45 of 309 'Ad � MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C4 Meeting Date: 11/07/2017 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: November 7, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-101: Relating to Real Estate; approving and authorizing the acceptance of a dedication of 0.225 acres of land located in the Gladden Farms Blocks 7 & 13 subdivision (Frank Cassidy) Discussion: The Town approved the Gladden Farms Blocks 7 & 13 subdivision on May 16, 2017, by the adoption of Ordinance 2017.012, which also authorized an exchange of land dedicated to the Town by the prior Blocks 7 & 13 subdivision plat with a slightly reconfigured parcel of land dedicated by the revised plat. The subdivider has now realized that an additional 0.225 acres land that was intended to be dedicated to the Town was instead included as a part of Common Area "B-3" on the Gladden Farms Blocks 7 & 13 plat. The subdivider, acting through the Fidelity trust that holds legal title to the property, has tendered to the Town a deed of dedication, seeking to give the 0.225 acres to the Town at no cost. The 0.225 acres abuts other Town-owned land that was part of a previous Gladden Farms subdivision plat dedication, and is located about 30 feet north of the northern property boundary of Marana Heritage River Park. The Town has no established administrative procedure for accepting land dedications of this type, so this resolution has been prepared and presented for Council consideration to formally authorize the land's acceptance by the Town. Staff Recommendation: Staff recommends adoption of Resolution No. 2017-101, accepting the dedication of 0.225 acres of land in the Gladden Farms Blocks 7 & 13 subdivision. Marana Regular Council Meeting 11/07/2017 Page 46 of 309 Suggested Motion: I move to adopt Resolution No. 2017-101, accepting the dedication of 0.225 acres of land in the Gladden Farms Blocks 7 & 13 subdivision. Attachments Resolution No. 2017-101 Deed of Dedication Marana Regular Council Meeting 11/07/2017 Page 47 of 309 MARANA RESOLUTION NO. 2017-101 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE ACCEPTANCE OF A DEDICATION OF 0.225 ACRES OF LAND LOCATED IN THE GLADDEN FARMS BLOCKS 7 & 13 SUBDIVISION WHEREAS the owner of that certain 0.225 acres of land located in the Gladden Farms Blocks 7 & 13 subdivision has tendered to the Town a deed of dedication, a true and correct copy of which is included with the Town Council agenda materials corresponding to this re s o lutio n; and WHEREAS the tendered deed of dedication offers ownership of the land to the Town at no cost; and WHEREAS the Mayor and Council of the Town of Marana find that acceptance of the dedication of land is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, accepting the dedication of 0.225 acres of land located in the Gladden Farms Blocks 7 & 13 subdivision, and authorizing the Town Engineer to approve the deed of dedication as to substance and the Town Attorney to approve the deed of dedication as to form. 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 in connection with the Town's ownership of the dedicated land. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona., this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00054691.DOCX/1 Marana Resolution No.2017-101 10/26/2017 1:20 PM Marana Regular Council Meeting 11/07/2017 Page 48 of 309 DEED OF DEDICATION Exempt: A.R.S. § 11-1134(A)(3) FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation,, as trustee under Trust No. 60,421, as trustee only and not in its corporate capacity (the "GRANTOR"), for tl-te consideration of TEN AND NO/100 DOLLARS, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby dedicate and transfer to the TOWN OF MARANA, an Arizona municipal corporation, (the "TOWN"} all of its interest in the following described real property situated in Pima County,Arizona: SEE LEGAL DESCRIPTION AND DEPICTION ATTACHED TO THIS INSTRUMENT AS EXHIBIT A AND INCORPORATED HERE BY THIS REFERENCE SUBJECT TO existing taxes,, assessments, covenants, conditions, restrictions, rights- of-way, easements, and all other matters of record. Trust beneficiary disclosure pursuant to A.R.S. § 33-404 at Sequence 20130310653. IN WITNESS WHEREOF, GRANTOR has caused "C'is Deed of Dedication to be signed by '5eu T the undersigned duly authorized officer this ojZ4ay of October, 201.7. "GRANTOR": FIDELITY NATIONA i,TITLE AGI-EINCY,INC.,an Arizona w4jioration, as trustee under Trust No,. 6©,421, as t stee only and not m* its corporate capacity By. Martha L. Hill, Trust Officer APPROVED AS To FORM: APPROVED AS TO SUBSTANCE: Frank Cassidy, Town Attorney Keith Brann, Town Engineer STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on October a2d�k, 2017, by Martha L. Hill, Trust Officer of FIDELITY NATIONAL TITLE AGENCY,, INC., an Arizona corporation,, as trustee under Trust No. 60,421, as trustee only and not in its corporate capa OFFICIAL SEAL (Seal r. RITA L. KIPPES NOTARY PUBLIC-ARIZONA Notar)7Nbh*c 000545.7, PIMA COUNTY MY Comm, Exp, May 9j 2018 -opm I Marana Regular Council Meeting 11/07/2017 Page 49 of 309 Th1 EXHIBIT A TO DEED OF DEDICATION ENGINEERING COMPANY LEGAL DESCRIPTION A PORTION OF COMMON AREA "B-3" OF GLADDEN FARMS BLOCKS 7 & 13 ACCORDING TO THE PLAT RECORDED AT SEQUENCE 20171420089, RECORDS OF THE PIMA COUNTY RECORDER, PIMA COUNTY, ARIZONA, BEING WITHIN SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID COMMON AREA "E1.3"; THENCE NORTH 7500714" EAST 50.34 FEET UPON THE NORTH LINE OF SAID COMMON AREA `"B-3"TO A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 67005'50" EAST, SAID CURVE BEING THE RIGHT OF WAY LINE ON THE SOUTH END CUL-DE-SAC OF STATNSBURY PLACE, A PRIVATE STREET AS SHOWN ON SAID PLAT; THENCE SOUTHEASTERLY UPON SAID NORTH LINE, UPON SAID RIGHT OF WAY LINE AND UPON THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 55.00 FEET AND A CENTRAL ANGLE OF 171054'45"1 FOR AN ARC DISTANCE OF 105.02 FEET TO A THE NON-TANGENT SOUTH LINE OF LOT 31 OF SAID SUBDIVISION; THENCE SOUTH 811119'29" EAST 110.31 FEET UPON SAID NORTH LINE OF COMMON AREA `•Bw3" AND UPON SAID SOUTH LINE OF LOT 31 TO AN ANGLE POINT; THENCE NORTH 42054144" EAST 135.10 FEET UPON SAID NORTH LINE OF COMMON AREA "B-3"'F AND UPON SAID SOUTH LINE OF LOT 31 AND LOT 20 OF SAID SUBDIVISION; THENCE, DEPARTING SAID LINES, SOUTH 52039'14" EAST 37.19 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID COMMON AREA "Bw3"; THENCE SOUTH 41°23'32" WEST 114.41 FEET UPON SAID SOUTH LINE TO AN ANGLE POINT; THENCE SOUTH 891117'57" WEST 248.45 FEET UPON SAID SOUTH LINE TO AN ANGLE POINT; THENCE NORTH 38051129" WEST 54.53 FEET UPON THE SOUTHWEST LINE OF SAID COMMON AREA TO THE POINT OF BEGINNING, CONTAINING 91798 SQUARE FEET V . OR 0.225 ACRES MORE OR LESS.' ,f CA - ' 23367 ROBERT,L BROWN Al A G:IGLADDE N_FARMS\3455,B[k13-7134660—B1ks-7-13TCorp\Survey\Legals13465CLG03_WEST_PTN_CA-B3.Docx PAGE 1 OF 2 3945 East Fort Lowe II Road+Suite 111+ Tucson + Arizona 85712 +► (520)795-1000 Fax,(52 1)322-5956 + %"vw.riekenginl cering.coin Marana Regular Council Meeting 11/07/2017 Page 50 of 309 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION WITHIN PORTION OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, G&SRM, PIMA COUNTY, ARIZONA — MOST W'LY SUBJECT PORTION CORNER GA "B-3" OF CA " B-3/1 OF BEGINNING , � ,� � � ��, AREA t GALE. GO EA ��7�8 SF V f OR 0.225 AC 4 _ p f CA A-4 11 CL r w... 1082 SF A. 02 :`.k/ c 27 r' Z 8427 SFS Ln 28 (6 8427 SF �- 4 CJZ8 29 8094 SF 8390 SF .r']._.J f JVJ *n _ t1r)< rLn -- I LO ED L CQ '� .....r`..... .f .........s J � J �.....,..s 0 0 9 V) 3O 8195 SF r t� 4- 06 31 22 2 9593 SF 8094 SF 21 � .► 0 8033 SF 37 �� .. ell 20 lr 8433 SF ' '�. I 43 T-3 4-CA11 8305 SF flu �,' NO A E ��- <\U LnAFS T�. • P �� � 0) (D') 4/ 44 �, • A7 8954 SFcu r V) �. 'Y 3945 EAST FORT LOWELL ROAD_SUITE 1 1 1 r-- TUCSON,AZ 85712 520-795-1000 ENGINEERING COMPANY (FAX) 520-322-5955 PAGE 2 OF 2 EN-FARMS\3466_B lk 13.7\346GCwB lks-7--13_Carp\Survey\Lege ls\34G6GLGG3_WEST_PTN_CA-B3.dgn Marana Regular Council Meeting 11/07/2017 Page 51 of 309 'Ad � MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C5 Meeting Date: 11/07/2017 To: Mayor and Council From: Steven Vasquez, Senior Planner Date: November 7, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-102: Relating to development; approving a final plat for Marana Market Place Lots 1-7 located at the southeast corner of Orange Grove and River Roads (Steven Vasquez) Discussion: Request Urban Engineering, on behalf of Marana Market Place L.L.C., is requesting approval of a final plat consisting of seven lots on 17.46 acres located on the southeast corner of Orange Grove and River Roads. Histor Since 2007, the proposed final plat site has been developed into a commercial center called Marana Market Place. There are two approved development plans (project numbers DPR0606-002 and DPR 10 10-00 1) and currently one development plan package (project number DPP 1707-001) under review by development services staff for last remaining vacant pad on the site. The site layout is designed as an in-line commercial center with pad site buildings along the perimeter of the site with developed parking lots and landscaped areas. The owner would like to subdivide the site and have the ability to sell the proposed lots to businesses within the development. Zoning The zoning for the site is Heavy Industry (HI). Per the Land Development Code, there is no minimum parcel or pad size as well as no minimum parcel width or depth. The minimum lot size is 0.373 acres (Lot 6) and the maximum lot size is 12.392 acres (Lot 1). The average lot size is 2.495 acres. The existing buildings meet setback and height requirements of the HI zone. Marana Regular Council Meeting 11/07/2017 Page 52 of 309 Staff Recommendation: Staff has reviewed the request against the requirements of the Marana Land Development Code, the Town Code and the Marana General Plan. This final plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2017-102 approving a final plat for Marana Market Place Lots 1-7 located at the southeast corner of Orange Grove and River Roads. Attachments Resolution No. 2017-102 PRV 1709-001 Marana Market Place FP PRV 1709-001 Marana Market Place FP Map PRV 1709-001 Marana Market Place FP Application Marana Regular Council Meeting 11/07/2017 Page 53 of 309 MARANA RESOLUTION NO. 2017-102 RELATING TO DEVELOPMENT; AP P RO VIN G A FINAL PLAT FOR MARANA MARKET PLACE LOTS 1-7 LOCATED AT THE SOUTHEAST CORNER OF ORANGE GROVE AND RIVER ROADS WHEREAS, Urban Engineering, on behalf of Marana. Market Place Partners L.L.C., has applied for approval of a final plat for a seven-lot commercial subdivision located at the southeast corner of Orange Grove and River Roads; and WHEREAS, the Marana. Town Council, at the regularly scheduled meeting on November 7, 2017, determined that the final plat for Marana. Market Place should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona., that the final plat for Marana. Market Place Lots 1-7 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona., this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No.2017-102 Marana Regular Council Meeting 11/07/2017 Page 54 of 309 Lu �x > tj cc U, Z .Lu cr. Z lu. LLJ LL. U.. Lu U uj J C, ELJ V.) 0 LLI vn LL LLJ a- z ,„x uj • uj CL U. to + ujLu N 0 �� LLJ lkft ct u ui C/) -LU C/) to Uft ZI... LU 00 �o LU ul N00 LL 0 0 C> u U.. %5 uj co Cr CN cl (D z LU 0 iz u (D ". I 1j, ()� "kj �c (D 4Z L cl: M CL Q3 4-.4 -03CLv ULI �V CV CL 32JUtoOON Apnun 0 e w!d mo . . � ", k-00/V-- U ed eC3 UM Ol J . IL -J s co 2 a d y �§ a� 3 5 a p . t i �3 Y g 0 C/S C �. CO C) , m i M cn ty E} 1} B 3 � � w I %OIP �w 44W 4% C\l co W) C/) (1> wa (D ;;pA. 01001, oc 1010, :=Ffr 1-1 -jCO 2 #.w CD *ft& '"k fz Cb Uj U.) CN0> 44> %..(11 Z .w Vft- co 00 ca CZ Cb j Ul) E Cq 00 Q> UJ co Co to CN cxCN CZ1 .4Q..)o m I CX ou VM- co Vt Cb %NQ- CN CN 4ZO Cr> CN Vft- cn c LO tS CN 0 � � � co Q> cc cv co cc V.- LU cn LU N (0 424 cn CO V% co 0 CO CO cil Cie a� cl co 00 �, �, UJ co U-1 cn 00 cn C.W) 0 W) N ?Act am aana Market Pl Lots 1-7 MARANA Az ESTABLISHED 19771 Cases.: PRV17 IVI � n �i . u u �w „ LW -Z m ............................ -,_4.......... Aft 6 � t N V' x t 'IJ ,4 } „ r 1� ry'xfi 14f ,. .Au �mWN' � I f� I. � n r l� v � g 9�r !rc uu ,, 66 Y a i n N i i�Pia, t a t . 1 A re uest for fina' P at approval foa IS seven-lot commercial subdivision on 17.46 acres at thsoutheast comer of Oranrove E and. River Roads. Marana Regular Council Meeting 11/07/2017 Page 58 of 309 Development Services 1 planning@maranaAZ.gov 11555 West Civic Center Drive 1 Marana, AZ 85653 MARANA AZ Ph (520) 382-26001 Fax (520) 382-2641 1 maranaAZ. ov PROJECT APPLICATION PROJECT INFORMATION Project Name: Marana Marketplace Description of Project: Final Plat Marana Marketplace Lots 1-7 Number of Lots: 7 Parcel No.(s): 101-23-360K, 101-23-360R, 101-23-360J, 101-23-360S Gross Area (Acres): 17.4 Project Address: 3844 W River Rd Ref. Project No.: UE # 17023, ToM # CONTACT • • • Owner: LarsenBaker/Marana Market Place Partners, LLC Contact Name: Laurie Weber Address: 6298 E Grant Rd Suite 100 City: Tucson State: AZ Zip: 85712 a Email: (weber@ccim.net Phone No.: (520) 296-0200 .............. _ Applicant: Urban Engineeering Contact Name: David A. Williams Address: 877 W Alvernon Way City: Tucson State: AZ Zip: 85711 Email: dwilliams@urbanengineering.com Phone No.: (520) 318-3800 Consultant/Engineer: Urban Engineering Contact Name: David A. Williams Address: 877 W Alvernon Way City: Tucson State: AZ Fzip.-- 85711 Email: dwilliams@urbanengineering.com Phone No.: (520) 318-3800 s„ OWNER/APPLICANT • ' ► i 1, the undersigned, certify that all of the facts set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If apx �-#- s._ o the owner, attach �I Ien au ihorization from the owner.) David A. Williams Applicant Name (PRINT) Signature Date ' • • OFFICIAL USE ONLY Project No. Date Received.. 11 Annexation ❑ Rezone ❑Specific Plan ❑ General Plan Amendment LJ Pi-eliminn-r-y Flat ❑ Final Plat ❑ Significant Land Use Change ❑ Minor Land Division I_I vul i(l r ice ❑ Development Plan ❑ Development Plan Package ❑ Dedications 1 Easements �J is r.° Agreerven t ❑ Landscape Plan ❑ Conditional Use Permit ❑ Report (Type): Li SPP ❑ Native Plant Plan ❑ Native Plant Exception ❑ other:_ _ ❑ Improvement Plan (Type): Marana Regular Council Meeting 11/07/2017 Page 59 of 309 'Ad � MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C6 Meeting Date: 11/07/2017 To: Mayor and Council From: Steven Cheslak, Principal Planner Date: November 7, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-103: Relating to Development; approving a final plat for Blue Agave II at Dove Mountain, Lots 193-256 and Block "1" (PRV Site) and Common Areas "A" (Private Streets), "B" (Open Space/Drainage) and "C" (Park), generally located in the southwest corner of the intersection of Dove Mountain Boulevard and Brittle Brush Drive (Steven Cheslak) Discussion: History The amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002 by Ordinance 2002.13. The Final Plat for Golden Barrel Place at Dove Mountain was approved by Town Council on on June 17, 2014, by the adoption of Resolution No. 2014.058. The Blue Agave at Dove Mountain Final Plat was then approved by Town Council on April 5, 2016, by the adoption of Resolution No. 2016.031. Request Baker and Associates, representing the property owner, has applied for approval of a final plat for the resubdivision of Blocks "2" and "3" of Blue Agave at Dove Mountain and a portion of Section 21, Township 11 South and Range 12 East, in order to create the Blue Agave II at Dove Mountain Final Plat on 39.9 acres of land. The plat consists of 64 lots, Block "1" (PRV Site) and Common Areas "A" (Private Streets), "B" (Open Space/Drainage) and "C" (Park). Location The site is located within the Dove Mountain Specific Plan area. The proposed subdivision is generally located six miles north of Tangerine Road in the southwest corner of the intersection of Dove Mountain Boulevard and Brittle Brush Drive. Marana Regular Council Meeting 11/07/2017 Page 60 of 309 Zoning The zoning is "F" - Dove Mountain Specific Plan with a land use designation of"LDR" - Low Density Residential. The LDR designation required minimum lot size is 6,000 square feet. The minimum lot size provided in the plat is 8,645 square feet and the maximum lot size is 14,564 square feet with an average lot size of 9,267 square feet. Transportation The site will have access off of Brittle Bush Drive near Dove Mountain Boulevard. The internal streets will be private and are planned to connect to the existing Blue Agave residential subdivision development on the south side of the project. Staff Recommendation: Staff finds that the final plat is in compliance with the Dove Mountain Specific Plan, Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2017-103, approving a final plat for Blue Agave II at Dove Mountain, Lots 193-256 and Block "1" (PRV Site) and Common Areas "A" (Private Streets), "B" (Open Space/Drainage) and "C" (Park). Attachments Resolution No. 2017-103 Blue Agve II Final Plat Location Map Application Marana Regular Council Meeting 11/07/2017 Page 61 of 309 MARANA RESOLUTION NO. 2017-103 RELATING TO DEVELOPMENT; AP P RO VIN G A FINAL PLAT FOR BLUE AGAVE 11 AT DOVE MOUNTAIN, LOTS 193-256 AND BLOCK "1" (PRV SITE) AND COMMON AREAS "A" (PRIVATE STREETS), 'B" (OPEN SPACE/DRAINAGE), AND "C" (PARK), GENERALLY LOCATED IN THE SOUTHWEST CORNER OF THE INTERSECTION OF DOVE MOUNTAIN BOULEVARD AND BRITTLE BRUSH DRIVE WHEREAS the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, by the adoption of Ordinance No. 2002.13; and WHEREAS the Golden Barrel Place at Dove Mountain Final Plat was approved by the Town Council on June 17, 2014, by the adoption of Resolution No. 2014.058; and WHEREAS the Blue Agave at Dove Mountain Final Plat was approved by the Town Council on April 5, 2016, by the adoption of Resolution No. 2016.031; and WHEREAS Baker & Associates Engineering, Inc., representing the property owner, has applied for approval of a final plat for the resubdivision of Block "2" and Block "3" of Blue Agave at Dove Mountain and a portion of Section 21, Township 11 South and Range 12 East, for Blue Agave II at Dove Mountain, consisting of Lots 193-256 and Block "4" (PRV Site) and Common Areas "A" (Private Streets), 'B" (Open Space/Drainage) and "C" (Park) on 39.9 acres of land, and generally located in the southwest corner of the intersection of Dove Mountain Boulevard and Brittle Brush Drive, within Section 21, Township 11 South, Range 12 East; and WHEREAS the Marana. Mayor and Town Council determined at its November 7, 2017 meeting that the final plat for Blue Agave II at Dove Mountain, Lots 193-156 and Blocks "I" and Common Areas "A", 'B", "C", should be approved. NOW, THEREFORE, BE IT RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the final plat for Blue Agave II at Dove Mountain, Lots 193-256 and Block "1" (PRV Site) and Common Areas "A" (Private Streets), 'B" (Open Space/Drainage) and "C" (Park-), is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No.2017-103 Marana Regular Council Meeting 11/07/2017 Page 62 of 309 Uj LL Asi LLJ RE p� I cn QjCL w ,. CCIL `` uj �. � W LQ z cc LLJ _zt CL z 04 Luxj :5 z QCJAC ! <4 U.J � � LL FZ � � � � -%V" L4 � �N- ckzgza W >.. j>W L -CO ck:: U---j � � � �� >., V.�- 1 � � � . �W,, Fj --j Lc 4 }# I Ict R i Ott V Foam S I � � �� � CL-- CL 777017. W -0 Q <6 Z MCC --j r LZ Q� Z Un � LOLL. � :0 � LZ- Uj Q) �LLa Lo qt cn Z Q CN W Q1 � � �.D LQ LC8 C-0 cl.,F c)::j!5 5E Z Y y :LLIco � LLJ ., � (ncL � ck: (n � � �� Wr � LO � LL, � � � s V�-- Z� zE�: uj 10, k �� �� � 1cl � � � Et ca� I LIZ Z �g A<LjLj ` Lij90 cn ,. � CLAI 14 LLj a, O� � C, ��� �� �� Lj 2§ .,,.,r. � i � � 1 � � CL-- � �tz �U) x .., ., con �� � � � bri tri V �. 64 Ao. . LO IFe Nov 0& 40r 14; IF 90 So �� IWO 152 0 41 #F } 16 288 +r " 4 �* \7�IA A 41 CN #f lk a* EN 0 dF a w � �..4 } 4 y t `� #* CL w ♦� �µ f a M #* ti 1cp LL. Ilk� 4) LLk 44 Igo j Y40 Ito LP Y r Y �.P&k9 7 „rrrt:� CL. 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'Na�y COIN 414t- ' - "'°4 i '.. - `' �i ' ' "AYR co '"�YF M� . . d) O LL 0) .N _.. r u � Q ° r� ^ M \ / „ V 710' N 1p N yy a b V T _ CO co W r e N } UL �--� U) ��x�-fig,• -.� �. ,y � �, . w � O N CNR 4-0 O dn m - .O Co 4� 0 p Q Q a� O L Z m o Nsw-�� Development Services 1 I nein ."q, r n v ~� r X 11555 West Civic Cenler Drive / Marana, AZ 8565 MARANAr r 38�- t� Ph (520) 382-2600 / Fac (520) 241 I rnI 1Iv PROJECT APPLICATION PROJECTr ' + Project Name: Blue Agave at Dove Mountain I I , Lots 193-256 F m i 1 Residential- dumber of Lots: 64 Description of Project: Single a Y Part o,. 21 8-31 -1830 , 218-31 -3790 , Gioss Area (Acres): 39 . ' l I Parcel No.{s} 218-31 �800 1 j Dove Mtn , Bush Drive_# Address / , 4 Ret. Project No., CONTACTO- Owner. Landmark Tule Frust 18379 Contact Name- City- State ! zip: Address. I Email: Phone No.: Contact Name: W 11�.am a 11 i na n Appllc�n#, Cottonwood Properties � Address: 3587 F. Sunrise Dr . , #219 City: Tu c s o � I State. }� Zip: 8571 8 o nood ro e r t i e s . Phone Na.: 520-299-842_4 E�r�aiI•. >�hal l�.nan�cot t p � . Baker & Associates Contact Name: neer. Martin . Madelli , P-L$ Consutfant/Engi - Address: 3561 F. Sunrise Dr . , #225 Cit : Tucson State: A Z Zip: 85718 rharle No,: 520-318-1950 x1 04 Email: marson.com AUTHORIZATION forth in this a lication are true and correct to the 'best of I, the undersigned, certify that all of the facts set o pp I m either the owner of the property or that I have been authorized in writin ��� the mfr kr�ov�iedge and that a owner x 4 file this application.. it applicant is not the owner, a ttac� �.�.��������� authorization from the o owner to pp { OF M Applicontme a (PRINT) S �a._clure N Date . �y L Ar Project No. Date Received { ' _ ❑ Annexation ❑ Rezone ❑Specific Plan Ll General Plan Amendment a. l Plat ❑ Significant Land Use Change El Minor Land Division El Preliminary Plat i � na nt Plan 0 Development Plan Package 0 Dedications � Easements �var�nce Q Dev�topme ❑ Lim, agree ment ❑ Landscape Plan ❑ Conditional use Permit LI Report (Type): ❑ SvVPP ❑ Native Plant Plan ❑ Native Plant Exception ❑ Other: �_ �,- -----_--- ❑ Improvement Plan (Type): . _ _. .. .�.�. Dole P. _ Marana Regular Council Meeting 11/07/2017 Page 70 of 309 'Ad � MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C7 Meeting Date: 11/07/2017 To: Mayor and Council From: Steven Vasquez, Senior Planner Date: November 7, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-104: Relating to Development; approving a final plat for Gladden Farms Block 26 Lots 1-96 and Common Areas A 1 - A4 and B 1 - B S located approximately at the southeast corner of Postvale and Moore Roads (Steven Vasquez) Discussion: Request Rick Engineering, on behalf of Crown West Land Group, is requesting the approval of a final plat consisting of 96 lots and common areas on 24.62 acres within Block 26 of the Gladden Farms Phase II development. Location The proposed subdivision is located in Block 26 of the Gladden Farms Block 26 - 43 block plat (Book 62, Page 64), at the southeast corner of Postvale and Moore Roads. Zoning The zoning for Block 26 is F - Gladden Farms II Specific Plan. The land use designation for Block 26 is Single-Family Detached 6 with a required 6,000 square foot minimum lot area. The minimum lot size within the proposed subdivision is 6,000 square feet with an average lot size of 6,300 square feet. Transportation This subdivision will have access from Mike Etter Boulevard. Mike Etter Boulevard will be constructed prior to development of Block 26. The internal street section is a 42 foot wide right-of-way and the entry street section is a 60 foot wide right-of-way. One of the internal streets (Denton Way) will connect to adjacent Block 30. Marana Regular Council Meeting 11/07/2017 Page 71 of 309 Park Requirement Block 26 requires a minimum of 17,760 square feet of developed recreation area. A total of 270,487 square feet of developed recreation area will be provided. Trail Connectivity The trail system created in the first phase of Gladden Farms is continued within Gladden Farms II. The lineal open space between this subdivision and the first phase of Gladden Farms will connect the two developments and provide access to Moore Roads and Tangerine Farms Roads. Along the southern boundary between Blocks 26 and 30 is an El Paso Natural Gas line easement. A trail will be created within the El Paso Natural Gas line easement area which will connect the trails from the lineal open space and trails within Block 26 and 30 to Mike Etter Boulevard. Staff Recommendation: Staff has reviewed the request against the requirements of the Gladden Farms II Specific Plan, the Marana Land Development Code, the Town Code and the Marana General Plan. This final plat is in substantial conformance with all required development regulations and staff recommends approval with the condition that a landscape plan must be submitted prior to the final plat being recorded. Suggested Motion: I move to adopt Resolution No. 2017-104 approving a final plat for Gladden Farms Block 26 Lots 1-96 and Common Areas A 1 - A4 and B 1 - B 5 located approximately at the southeast corner of Postvale and Moore Roads with the recommended condition. Attachments Resolution No. 2017-104 PRV 1707-002 GF Blk 26 FP PRV 1707-002 GF Blk 26 FP Map PRV 1707-002 GF Blk 26 FP App Marana Regular Council Meeting 11/07/2017 Page 72 of 309 MARANA RESOLUTION NO. 2017-104 RELATING TO DEVELOPMENT; AP P RO VIN G A FINAL PLAT FOR GLADDEN F ARM S BLOCK 26 LOTS 1-96 AND COMMON AREAS A-1 - A-4 AND B-1 — B5 LOCATED APPROXIMATELY AT THE SOUTHEAST CORNER OF PO STVALE AND MOORE ROADS WHEREAS, on March 7, 2006, the Mayor and Town Council adopted Ordinance No. 2006.03, approving a rezoning to create the Gladden Farms II Specific Plan; and WHEREAS, on May 16, 2007, the Mayor and Town Council adopted Resolution No. 2007-075, approving the final block plat for Gladden Farms Blocks 26-43, Book 62, Page 64; and WHEREAS, on December 4, 2012, the Mayor and Town Council adopted Resolution No. 2012-097, approving a preliminary plat for Gladden Farms Blocks 26 & 30; and WHEREAS, Rick Engineering Company, on behalf of Crown West Land Group, has applied for approval of a final plat for a 96-lot single-family residential home subdivision within Block 26 of the Gladden Farms Blocks 26-43 block plat located approximately at the southeast corner of Postvale and Moore Roads; and WHEREAS, the Marana. Town Council, at the regularly scheduled meeting on November 7, 2017, determined that the final plat for Gladden Farms Block 26 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona., that the final plat for Gladden Farms Block 26 Lots 1-96 and Common Areas A-1 — A-4 and B-1 — B-5 is hereby approved on condition that a landscape plan must be submitted prior to the final plat being recorded. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona., this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No.2017-104 Marana Regular Council Meeting 11/07/2017 Page 73 of 309 r w CD H 'Z QP.--F >0 V) m LL r. < Q C) = W Z cc M LO V3 .J 3c V) W CF) z w C3 Q 1- LLJ DC ACt a. Q =:) L: Z: LO z C3 C:) CM m ter- N re) C) W C.) � r � (n � z ;m CC C7 W C7 V) 0 �„� z Q ft.,... < LLJ co LLJ 7- L.LJ Ir- M-3 Z: C:� i F- V) =3 LL. = w Z! 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IC V) Ao cm C:> CDC:) ik 0 Lij V) cm C5 0 z11 N cr) C3 �zb. �C:> oLn COCD LL. � N � aoo /� Q. , M C) LL N\ r•o Q� 5 N b ap�, / Q LL TLL O �2 / Ln N -4400' LL QD 1 sling LL. CM V) LO1?7 orn Qp Cb LO w U UD zQ ton CL J p w� NI LT) rA LLI Q I U � � —1 �7 LQ 1 �� Gladden Farms Block 26 DSs Lots 1-96 & Common Areas MARANA Az Final Plat E STAB i4=H C 1977 Case: PRV1707-002 (EBB NJ l ljt`II CAIS 6 - A request for final plat approval fora 96-lot detached single family residential subdivision on 24.62 acres in Block 26 of the Gladden Farms Blocks 26-43 block plat. Manna Regular Council Meeting 11/07/2017 Page 78 of 309 - Development Services 1 planning@maranaaz.gov I'Vol A R A.N A 11555 West Civic Center Drive 1 lvlarana, Az 85653 Ph (520) 382-26001 Fax (520) 382-2641 1 maranaaz. ov N/NXI PROJECT APPLICATION PROJECT INFORMATION 6 Project Name: Gladden Farms II Block 26 Final Plat Description of Project: Single-family Residential Subdivision Number of Lots: 95 Parcel No.(s): 217-54-0110 Gross Area (Acres): 24.6 Project Address: Located at the southwest corner of Moore Road and Mike Etter Boulevard. Ref. Project No.: PRV-08032; PRV0805-001; DRA 1208-002 •.. .. e e A P lm.N X k x�•u'!"" YX M 8 NH'.W4 H'^i"^*4'i W: # , r .. • " 27 � ,,ma � p w " V a o ril, i�•;`11r X� ',.W h,.i 4 m i Y,S M j vF ;;'''fie',�"."a gyp;''�w�d i� "!"M" "..r" ""d" ... "• .:1..f414 dar Wi Owner: Fidelity National Title Agency Trust No. 60.423 Contact Name: Marty Hill,Trust officer Address: 6245 E. Broadway Boulevard, Suite 184 City: Tucson State: Az Zip: 85711 Email: mhill@fnf.com Phone No.: (520) 751-2974 Applicant: Crown West Land Group Contact Name: Dean Wingert Address: 333 East Wetmore Road, Suite 250 City: Tucson State: Az Zip: 85705 Email: dwingert@crownwest.com Phone No.: (520) 888-3962 Consultant/Engineer: Rick Engineering Company, Inc. Contact Name: Dan Castro Address: 3945 East Fort Lowell Road, Suite 1 11 City: Tucson State: AZ Zip: 85712 Email: dcastro@rickengineering.com Phone No.: (520) 795-1000 6' * • ; ■ +T! 0111 v wY.,•a„ a : I, the undersigned, certify that all of the facts set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owne 4a1f h wdtlen authorization from the owner.) Dan Castro _ _� -7 113 Applicant Name (PRINT) Signature Date ■ • • • Project No.Fate Received � ❑ Annexation ❑ Rezone ❑ Specific Plan ❑ General Plan Amendment ❑ Preliminary Plat ❑ Final Plat ❑Significant Land Use Change ❑ Minor Land Division ❑ Variance ❑ Development Plan ❑ Development Plan Package ❑ Dedications 1 Easements ❑ Lic. Agreement ❑ Landscape Plan ❑ Conditional Use Permit ❑ Report (Type} ❑ SWPP ❑ Native Plant Plan ❑ Native Plant Exception ❑ other: ❑ Improvement Plan (Type): Revision �i 11 11 6 6 e Marana Regular Council Meeting 11/07/2017 SUBMITTAL NO, Pa a 79 of 309 .Ad MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C8 Meeting Date: 11/07/2017 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: November 7, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017-105: Relating to Community Development; approving and authorizing the Mayor to execute Amendment No. 1 to the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2017-2018 Community Development Block Grant Program (Lisa Shafer) Discussion: The Community Development Block Grant (CDBG) program, established by Congress in 1974, provides communities with resources to address a wide range of unique community development needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local government and states. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives. Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan cities with populations of at least 50,000; and qualified urban counties with populations of at least 200,000 (excluding the population of entitled cities). HUD determines the amount of each entitlement grant by a statutory dual formula which uses several obj ective Marana Regular Council Meeting 11/07/2017 Page 80 of 309 measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. Because the Town does not meet the entitled communities criteria, any CDBG funding received by the Town must be allocated by Pima County. These funds are subject to both the federal CDBG guidelines and the HUD-approved plan developed by Pima County. The Town is able to apply for use of a portion of Pima County's CDBG funding through an annual proposal process. Earlier this year the Town applied for funding in four specific programs (Colonia Neighborhood Cleanup, Emergency Home Repair and Owner Occupied Housing Rehabilitation) and for funding to cover the cost of administering programs that address the needs of low-to moderate-income families. Pima County awarded the Town of Marana $60,000 from the 2017-2018 Community Development Block Grant Program. The grant provided funding for Administration ($13,000), Colonia Clean-up ($10,000), Emergency Home Repair ($18,500) and Owner Occupied Housing Rehabilitation ($18,500). This is a decrease in funding from the 2016-2017 award of$94,800. Pima County has chosen to amend the 2016-2017 contract by extending the termination date to September 30. 2018 and adding the new $60,000 award amount. Financial Impact: Fiscal Year: 2018 Budgeted Y/N: Yes Amount: $60,000 This funding does not require any match or leveraged funding. All services will be provided with direct cost reimbursement. Staff Recommendation: Staff recommends approval of amendment one the intergovernmental agreement with Pima County for the management and implementation of the 2017-2018 Community Development Block Grant Program. Suggested Motion: I move to adopt Resolution No. 2017-105, approving and authorizing the Mayor to execute Amendment No. 1 to the intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2017-2018 Community Development Block Grant Program. Attachments Resolution No. 2017-105 Contract Marana Regular Council Meeting 11/07/2017 Page 81 of 309 MARANA RESOLUTION NO. 2017-105 RELATING TO C O MMMUN I TY DEVELOPMENT; AP P RO VIN G AND AUTH O RIZIN G THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE IN TERGO VERN MENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima. County has been awarded funding from the U.S. Department for Hous- ing and Urban Development under the CDBG program for the 2017-2018 federal fiscal year; and WHEREAS the Town of Marana has been selected as a sub-grantee through Pima. Coun- ty's proposal process; and WHEREAS Pima. County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §11-952 et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to approve Amendment N o. 1 to this intergovernmental agreement. NOW, THEREFORE, BE IT RES O LVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Amendment No. 1 to the intergovernmental agreement between Pima. County and the Town of Marana, 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 b- jectives of the amendment to the intergovernmental agreement. 00054749.DOCX/1 Marana Resolution No.2017-105 - 1 - Marana Regular Council Meeting 11/07/2017 Page 82 of 309 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of November, 2017. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00054749.DOCX/1 Marana Resolution No.2017-105 - 2 - Marana Regular Council Meeting 11/07/2017 Page 83 of 309 PIMA COUNTY COMMUNITY DEVELOPMENT AND NEIGHBORHOOD CONSERVATION D EPAR TM EN T Program Name: Management and Implementation of the Community Development Block Grant ("CDBG') Program Subrecipient: Town of Marana. 115 5 5 W. C ivic C enter Drive Marana, AZ 85653 DUNS No.: 098034143 Funding: U.S. Department of Housing &Urban Development Community Development Block Grant Contract No.: CT-CD-17%210 Federal Contract No.: B-17-UC-04-0502 Amendment No.: One (1) CFDA Program Description Nation Funding Pima County Award Community Development Block 14.218 FY 2017 $3,060,000,000.00 FY 2017 $2,589,081.00 Grant (CDBG) Original Contract Term: 10/1/16-9/30/17 Contract Amount: $9400.00 Termination date this amend: 9/30/18 Amount this amendment: $6000.00 TOTAL contract amount: $15400.00 Pima. County ("County'), a body politic and corporate of the State of Arizona., and Town of Marana. ("Subrecipient"), a municipal corporation of the State of Arizona., entered into the above-referenced Agreement. AMENDMENT NO. ONE (1) RECITALS A. County and Subrecipient may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951 et seq. B. Subrecipient is authorized by A.R.S. § 9-500.11 to expend public monies for and in connection with economic development activities. C. County is authorized by A.R.S. § § 11-254.04, 11-251 (5) and 11-251 (17), to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the County. D. County applied for and received Community Development Block Grant ("CDBG") funds for Federal Fiscal Year 2017-2018 in the amount of $2,589,081.00 from the U.S. Department of Housing and Urban Development ("HUD"), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383). E. Under solicitation number CDNC-10-19-16-CDBG-ESG("the 2017-2018 Community Planning Application"), County sought proposals for programs and activities that would qualify for CDBG funding during FY 2017-2018. F. Subrecipient submitted a satisfactory response to the 2017-2018 Community Planning Application. 00054MrNO'/Y I,r Council Meeting 11/07/2017 Page 84 Wa3goe 91 of 6 G. County has reviewed Subrecipient's performance utilizing the FY 2016-2017 CDBG funds and finds it satisfactory. H. On June 6, 2017, the Pima County Board of Supervisors authorized inclusion of Subrecipient's proposal for use of CDBG funds in the 2017-2018 Annual Action Plan that County submitted to HUD. I. On June 6, 2017, the Pima County Board of Supervisors passed Resolution No. 2017-38 approving an allocation of CDBG funds to Subrecipient. J. The 2017-2018 Annual Action Plan County submitted to HUD to obtain the FY 2017-2018 CDBG funds, included Subrecipients proposal. K. CDBG funds in the amount of$60,000.00 have been allocated to Subrecipient for FY 2017-2018. NOW THEREFORE, County and Subrecipient, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: 1.0 SECTION 1.0 -- TERM AND EXTENSIONS, Paragraph 1.1 is amended as follows: 1.1 The termination date is changed: FROM: September 30, 2017 TO: September 30, 2018 1.2 The last sentence is deleted in its entirety and replaced with the following: This Agreement may not be renewed. 2.0 SECTION 4.0 -- COMPENSATION AND PAYMENT, is amended as follows: 2.1 Paragraph 4.1 is amended as follows: 2.1.1 The Maximum Allocated Amount is increased: FROM: $ 9400.00 TO: $15400.00 2.1.2 The following allocation table is added: Contract between HUD and Maximum Allocated Maximum Allocated Pima County Amount FY 2016-2017 Amount FY 2017-2018 B-16-UC-04-0502 $9400.00 -0- B-17-UC-04-0502 -0- $6000.00 2.2 Paragraph 4.4 is amended to add: Pursuant to the agreement between HUD and County (Pima. County Contract No. B-17-UC-04- 0502) and the Pima County Board of Supervisor's approval of this allocation of CDBG funds to S ubre cipie nt on June 6, 2017, S ubre cipie nt may be reimbursed for eligible costs associated with FY 2017-2018 activities under this Agreement from and after October 1, 2017. Notwithstanding the limitations above, Subre cipie nt may be reimbursed for administrative costs incurred for performance under this Agreement beginning on July 1, 2017. 2.3 Paragraph 4.6.4.4 is deleted and replaced with the following: If reimbursement is authorized for personnel costs, time sheets or other records that specify the hours worked on the grant(s) and the total hours worked in the pay period. Time sheets must show the days and hours worked and must be signed by the employee and the 00054M.'NO'T"'Council Meeting 11/07/2017 Page 85 Va3goe 92 of 6 employee's immediate supervisor with direct knowledge of employee's efforts for this Agreement. 3.0 SECTION 8.0 -- COMPLIANCE WITH LAWS, is deleted in its entirety and replaced with the following: 8.1. Compliance with Laws; Changes. Subrecipient will comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. Any changes in the governing laws, rules, and regulations during the terms of this Agreement will apply, but do not require an amendment. 8.2. Licensing. Subrecipient warrants that it is appropriately licensed to provide the services under this Agreement and that its subcontractors will be appropriately licensed. 8.3. Choice of Law; Venue. The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement must be brought in a court of the State of Arizona. in Pima County. 8.4. Compliance with 24 CFR 570. Subrecipient will comply with the requirements of 24 CFR 570, including subpart K of these regulations, except the Subrecipient does not assume: 8.4.1. County's environmental responsibilities described in 24 CFR 570.604; and 8.4.2. County's responsibility for initiating the review process under the provisions of 24 CFR Part 52. 8.5. Use of CDBG Funds. Subrecipient warrants that CDBG funds provided or personnel employed in the administration of the program funded under this Agreement will not be used for: 8.5.1. Political activities; 8.5.2. Inherently religious activities; 8.5.3. Lobbying; 8.5.4. Political patronage; or 8.5.5. Nepotism activities. 8.6. Compliance with Federal Law, Rules and Regulations. Subrecipient will comply with the applicable provisions of: 8.6.1. Davis-Bacon Act (Public Law 107-217), as amended; 8.6.2. Contract Work Hours and Safety Standards Act (40 USC 327 et seq.); 8.6.3. Copeland Anti-Kick Back Act (18 USC 874 et seq.); 8.6.4. Section 3 of the HUD Act of 1968 as amended; and 8.6.5. All rules and regulations applicable to the Acts set forth above. 8.7. Cooperation. Subrecipient will fully cooperate with County, HUD and any other federal agency in the review and determination of compliance with the above provisions. 4.0 SECTION 26.0—PUBLIC INFORMATION, is deleted in its entirety and replaced with the following: 26.0 Public Records 26.1 Disclosure. Pursuant to Arizona. Public Records law, A.R.S. § 39-121 et seq., and A.R.S. § 34-603(H) in the case of construction or architectural and engineering 0005ARWO'/?""Council Meeting 11/07/2017 Page 86 Wa3goe of 6 services procured under A.R.S. § Title 34, Chapter 6, all documents submitted in response to the solicitation resulting in an award of this Agreement, including, but not limited to pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors. 26.2 Records Marked Confidential; Notice and Protective Order. 26.2.1 If Subrecipient reasonably believes that some of the records described in paragraph 26.1 above contain proprietary, trade-secret or otherwise- confidential information, Subrecipient must prominently mark those records "CONFIDENTIAL." 26.2.2 In the event that a public records request is submitted to County for records marked "CONFIDENTIAL," County will notify Subrecipient of the request as soon as reasonably possible. 26.2.3 County will release the records ten (10)business days after the date of notice provided pursuant to paragraph 26.2.2, unless Subrecipient has, within that period, secured an appropriate order from a court of competent jurisdiction, enjoining the release of the records. 26.2.4 County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order. 5.0 SECTION 28.0—LEGAL ARIZONA WORKERS ACT COMPLIANCE, is deleted in its entirety and replaced with the following: 28.1 Compliance with Immigration Laws. Subrecipient hereby warrants that it will at all times during the term of this Agreement comply with all federal immigration laws applicable to Subrecipient's employment of its employees, and with the requirements of A.R.S. § 23-214 (A) (together the "State and Federal Immigration Laws'). Subrecipient will further ensure that each subcontractor who performs any work for Subrecipient under this Agreement likewise complies with the State and Federal Immigration Laws. 28.2 Books and Records. County has the right at any time to inspect the books and records of Subrecipient and any subcontractor in order to verify such party's compliance with the State and Federal Immigration Laws. 28.3 Remedies for Breach of Warranty. Any breach of Subrecipient's or any subcontractor's warranty of compliance with the State and Federal Immigration Laws, or of any other provision of this Section 28.0 is a material breach of this Agreement subjecting Subrecipient to penalties up to and including suspension or termination of this Agreement. If the breach is by a subcontractor, and the subcontract is suspended or terminated as a result, Subrecipient will be required to take such steps as may be necessary to either self-perform the services that would have been provided under the subcontract or retain a replacement subcontractor, as soon as possible so as not to delay project completion. Any additional costs attributable directly or indirectly to such remedial action are the responsibility of Subrecipient. 28.4 Subcontractors. Subrecipient will advise each subcontractor of County's rights, and the subcontractor's obligations, under this Section 28.0 by including a provision in each subcontract substantially in the following form: 0005ARWO'/?""Councii Meeting 11/07/2017 Page 87 Va3goe 94 of 6 "Subcontractor hereby warrants that it will at all times dining the term of this contract comply with all federal immigration laws applicable to Subcontractor's employees, and with the requirements of A.R.S. §23-214 (A). Subcontractor further agrees that County may inspect the Subcontractor's books and records to insure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this contract. " 6.0 EXHIBIT A—SCOPE OF WORK Except as set forth with specificity below, the provisions of Exhibit A remain in full force and effect: 6.1 Section 2—Program Purpose: In FY 2017-2018, Subrecipient will provide the eligible CDBG activities listed in paragraphs 2.1, 2.3 and 2.4. 6.2 Section 3 —Program Activities: In FY 2017-2018, Subrecipient will provide the CDBG activities set forth in paragraphs 3.1, 3.3, and 3.4. 6.3 Section 6—Metrics available to measure performance: The metrics set forth in paragraphs 6.2 and 6.3 will apply for HY 2017-2018. 6.4 Section 8 --Budget is deleted in its entirety and replaced with the following: 8.1 Budget: CDBG Program Funded Activities FY 2016-17 Budget FY 2017-18 Budget Administration $1400.00 $13,000 Colonia Neighborhood Re-Investment Program $2500.00 -0- Emergency Home Repair $2000.00 $18,500.00 Owner-Occupied Housing $2500.00 $18,500.00 Colonia-Neighborhood Cleanup $1000.00 $10,000.00 Total $949800.00 $609000.00 8.2 Funds allocated for FY 2016-2017, but not expended, will not be available for services during FY 2017-2018. REMAINDER OF PAGE IN TEN TION ALLY LEFT B LAN K 0005ARWO' "'Council Meeting 11/07/2017 Page 88 Wa3goe 95 of 6 7.0 EXHIBIT B—MONTHLY FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS, is deleted in its entirety. Pima County will provide Subrecipient with a form similar to that attached hereto as Exhibit B-1 upon execution of this Amendment. All other provisions of this Agreement, not specifically changed by this amendment, will remain in effect and be binding upon the parties. PIMA COUNTY SUBRECIPIENT Chair, Board of Supervisors Signature Date: Printed name and title ATTEST: Date: Clerk of the Board Date: APPROVED AS TO CONTENT: Director, Community Development and Neighborhood Conservation APPROVED AS TO FORM: Karen S. Friar, Deputy County Attorney 00054MrNO'/Y I,r Council Meeting 11/07/2017 Page 89 Wa3goe%of 6 EXHIBIT B2 INVOICE REQUEST TEMPLATE —FY 17-18 .} �* q T * rro rn n ren * v .. rj `1 0 Un 6 � u 4& �. :� r tii a y 03 to f r ww Cr �r Cr Crv m r 5 r. ^ r, a 69 v w+ wT � - � Asti r'1 rp q is rp 11 RD rm :3 .;t ` u �+ -a Op rip - 3 Cr Ir 1 .. � mll ri 10, C3 � fb T _ _ rr J o r n {5 W r _ r . 21 ad a � 0 G T L Z" S f 5 ' r+ C _ 8i' r r A rP - '� �• � T ;OIL 0 � 1'7'1 r, � „ w 3 r nU0 . 13 f a- 1"r (D A -„ CL a m .j, r , r_ _ &I APML Cr b rm ELm V - _ r i r; crq C: — m "i r r — 0 3 o rm 2 92 �T� C� m C2 QQ + — ? n r rm ell f m a " 4rm FA ^ — 5 .r S 7 �I { - J 0 W m C3 rp � W LA G L OL 5 r' Q 7013 r W j � �• ® .. Im ^ ¢ rt el G [ > rnz h en eb -7 z Lb a' h P. U P z 00054M�r�m Re/yular Council Meeting 11/07/2017 Page 90 of 309 'Ad � MARANA AZ ESTABLISHED 1977 Council-Regular Meeting C9 Meeting Date: 11/07/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: November 7, 2017 Subject: Approval of October 17, 2017 Regular Council Meeting Minutes and October 30, 2017 Special Council Meeting Minutes (Jocelyn C. Bronson) Attachments Draft October 17, 2017 Regular Council Meeting Minutes Draft October 30, 2017 Special Council Meeting Minutes Marana Regular Council Meeting 11/07/2017 Page 91 of 309 MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona. 85653 Council Chambers, October 17, 2017, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll Vice Mayor Post was excused. Council Members Bowen, Comerford, Kai, McGorray and Ziegler were present. There was a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Kai, second by Council Member Comerford. Passed 6-0. CALL TO THE PUBLIC. Linda Hampton, Executive Director of the Marana. Community Food Bank, announced the Grand Opening of the Marana. Resource Center and invited Council to the ribbon cutting ceremony on Monday, October 30 from 3-6 p.m. If you are unable to attend the ribbon cutting, there will be a second open house for clients on November 2, with a more in- depth discussion of their program offerings that night. She asked Council to pause and consider the root cause of poverty. There are many reasons, and it is her hope that the Resource Center will be able to address those issues. Ms. Hampton also noted the various partners engaged in assisting with services provided by the Resource Center. She also noted that the generous donation of office space by Cottonwood Properties, architectural services and construction services by other businesses will change the way social services are being provided in Marana. PROCLAMATIONS October 17,2017 Regular Council Meeting Minutes 1 Marana Regular Council Meeting 11/07/2017 Page 92 of 309 P1 Proclaiming October 25 - 26, 2017 as Construction Career Days (Jocelyn C. Bronson) M s. Bronson noted that the representative for this proclamation was unable to attend the me a ting. Therefore, the proclamation was not read, but will be included as part of the official and permanent record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Mayor Hone a noted that he attended an event at Twin Peaks Elementary School where 80 7-year olds were able to ask him questions about himself and what he does. He thoroughly enjoyed the experience. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson announced that the annual Cotton Festival will be this Saturday, October 21, 2017, at the Heritage River Park from 4-9 p.m. There will be fun events for the entire family. The event is free, including a carnival, and there will be food available for purchase. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed 6-0. C1 Resolution No. 2017-096: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute Governor's Officer of Highway Safety (GOHS) Contract Numbers 2018-II-003, 2018-PTS-033, and 2018-405d-025 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI/Impaired Driving Enforcement and STEP Enforcement and Know Your Limit Program (Lisa Shafer) C2 Resolution No. 2017-097: Relating to Development; approving a final plat for Marana Center II, Lots 1-3 located east of Interstate 10 and southeast of Twin Peaks Road (Brian D. Varney) C3 Approval of Regular Council Meeting Minutes from October 3, 2017 and Study Session Meeting Minutes from October 10, 2017 (Jocelyn C. Bronson) LIQUOR LICENSES L1 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 Kimberly R. Scanlan on behalf of Baja Cafe, located at 3900 W. Ina. Road, Suite #322, Tucson, Arizona. 85741 (Jocelyn C. Bronson). Ms. Bronson noted that this application was properly reviewed, and staff is recommending approval Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed 6-0. L2 Relating to Liquor Licenses; recommendation to the Arizona. Department of Liquor Licenses and Control regarding an Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by Robert Coleman Sprouse on behalf of Western Express #811, October 17,2017 Regular Council Meeting Minutes 2 Marana Regular Council Meeting 11/07/2017 Page 93 of 309 located at 7810 N. Silverbell Road, Tucson, Arizona. 85743 (Jocelyn C. Bronson). Presented by Ms. Bronson, who noted that this application was properly reviewed and posted. No protests were received, and staff is recommending approval. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed 6-0. L3 Relating to Liquor Licenses; recommendation to the Arizona. Department of Liquor Licenses and Control regarding an Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by Robert Coleman Sprouse on behalf of Giant Store #628, located at 12030 N. Dove Mountain Blvd., Marana, Arizona. 85642 (Jocelyn C. Bronson). Presented by Ms. Bronson, who noted that this application was properly reviewed and posted. No protests were received, and staff is recommending approval. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed 6-0. L4 Relating to Liquor Licenses; recommendation to the Arizona. Department of Liquor Licenses and Control regarding an Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by Robert Coleman Sprouse on behalf of Giant Store #612, located at 4202 W. Ina. Road, Tucson, Arizona. 85741 (Jocelyn C. Bronson) Presented by Ms. Bronson, who noted that this application was properly reviewed and posted. No protests were received, and staff is recommending approval. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed 6-0. L5 Relating to Liquor Licenses; recommendation to the Arizona. Department of Liquor Licenses and Control regarding an Acquisition of Control series #10 Beer and Wine Store liquor license application submitted by Robert Coleman Sprouse on behalf of Giant Store #919, located at 4180 W. Ina. Road, Tucson, Arizona. 85741 (Jocelyn C. Bronson). Presented by Ms. Bronson, who noted that this application was properly reviewed and posted. No protests were received, and staff is recommending approval. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed 6-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2017.020: Relating to development; approving a rezoning of approximately 28.22 acres of land located at the northeast corner of Tangerine Road and Camino de Oeste, from 'R-144' Residential to 'F' Dove Mountain Specific Plan; and approving a minor amendment to the General Plan (Cynthia Ross). Mayor Hone a opened the public hearing. Presented by Ms. Ross. Ms. Ross indicated that staff is recommending approval. David Lutz, a resident of unincorporated Pima. County, spoke in opposition due to his concern about the impact Marana's growth will have on him in the form of higher property taxes because of the concurrent expansion of municipal services. He isn't opposed to the commercial development that will pay for itself but high density residential puts more of a burden on the taxpayer, and more desert is destroyed. There being no further speakers, Mayor Hone a closed the public hearing. Motion to approve by Council Member Bowen, second by Council Member Kai. Passed 6-0. October 17,2017 Regular Council Meeting Minutes 3 Marana Regular Council Meeting 11/07/2017 Page 94 of 309 A2 PUBLIC HEARING: Ordinance No. 2017.021: Relating to Development; approving a rezoning of approximately 79.1 acres of land consisting of 37.79 acres from 'R-36' Residential to 'R-6' Residential, 22.46 acres from 'C' Large Lot Zone to 'NC' Neighborhood Commercial, and 18.85 acres from 'C' Large Lot Zone to 'R-6' Residential, generally located near the southeast corner of Twin Peaks Road and Tangerine Road (Cynthia Ross). Mayor Hone a opened the public hearing. Presented by Ms. Ross. Ms. Ross indicated that staff is recommending approval. David Lutz, a resident of unincorporated Pima County, spoke in opposition to the project raising the same concerns he indicated in the previous item. He also noted that in this rezoning there is more accommodation for open space, but his main concern here is the requirement for additional water. There being no further speakers, Mayor Hone a closed the public hearing. Motion to approve by Council Member Kai, second by Council Member Ziegler. Passed 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION DI 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). No report. 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. Motion to adjourn at 7:23 p.m. by Council Member McGorray, second by Council Member Kai. Passed 6-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana. Town Council meeting held on October 17, 2017. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk- October lerkOctober 17,2017 Regular Council Meeting Minutes 4 Marana Regular Council Meeting 11/07/2017 Page 95 of 309 ESTABLISHED 1977 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona. 85653 Council Chambers, October 30, 2017, at or after 9:00 AM 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 SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 9:01 a.m. Town Clerk Bronson called roll Vice Mayor Post was excused until the executive session. There was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Dispensed with. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed 6-0. CALL TO THE PUBLIC. No speaker cards were presented. EXECUTIVE SESSIONS. Motion to go into executive session at 9:05 a.m. on item EI by Council Member Ziegler, second by Council Member McGorray. Mayor and Council and Mr. Davidson were in attendance in executive session. Mayor Honea noted that other staff may be called in as necessary. Council Member Comerford took notes for the executive session. Mr. Jams he e d Mehta was requested in executive session at 10:30 a.m. Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. October 30,2017 Special Council Meeting Minutes 1 Marana Regular Council Meeting 11/07/2017 Page 96 of 309 E1 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) to discuss the resignation of Town Manager Gilbert Davidson. Mayor and Council returned to the dais at 10:34 a.m. for the public session. Mayor Honea announced that the Council accepted with regret, the resignation of Gilbert Davidson effective November 17, 2017. Motion to accept the resignation by Council Member Bowen, second by Council Member Kai. Passed unanimously 7-0. E2 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. ITEMS FOR DISCUSSION/POSSIBLE ACTION DI Relating to Administration; appointing an interim Town Manager (Mayor Ed Honea). Mayor Honea announced the appointment of Jamsheed Mehta as the interim Town Manager effective November 18, 2017. Motion to accept the appointment by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 7-0. D2 Relating to Administration; discussion and approval of Town Manager recruitment and selection process (Curry C. Hale). Mayor Honea noted that Council would not be taking any action toward the recruitment of a Town Manager at this time. 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 10:35 a.m. by Vice Mayor Post, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes for the Special Meeting of the Marana. Town Council meeting held on October 30, 2017. I further certify that a quorum was present. Jocelyn C. Bronson Town Clerk- October lerkOctober 30,2017 Special Council Meeting Minutes 2 Marana Regular Council Meeting 11/07/2017 Page 97 of 309 'Ad � MARANA AZ ESTABLISHED 1977 Council-Regular Meeting L1 Meeting Date: 11/07/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: November 7, 2017 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Acquisition of Control series 10 Beer and Wine Store liquor license application submitted by Jodi L. Vurnovas on behalf of Good 2 Go, located at 8333 N. Cortaro Road, Marana, Arizona 85743 (Jocelyn C. Bronson) Discussion: This application is for a series 10 Beer and Wine Store liquor license at Good 2 Go, located at 8333 N. Cortaro Road, Marana, Arizona 8 5 743. 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 11/07/2017 Page 98 of 309 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 an Acquisition of Control series 10 Beer and Wine Store liquor license application submitted by Jodi L. Vurnovas on behalf Good 2 Go, located at 8333 N. Cortaro Road, Marana, Arizona 85743. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of an Acquisition of Control series 10 Beer and Wine Store liquor license application submitted by Jodi L. Vurnovas on behalf Good 2 Go, located at 8333 N. Cortaro Road, Marana, Arizona 85743. Attachments Application Affidavit of Posting Local Governing Body of Recommendation Descriptions of Common Types of Liquor Licenses Marana Regular Council Meeting 11/07/2017 Page 99 of 309 77 a,,, DLLC USE ONLY State ofW C� L.a' "� �,�' #'#r# �� aate Processed. .� Pp()* qiMqr1tp9fLUqq. qj�nses and Control CSR. +r'� 800 W. Washington 5th Floor 01. - � Phoenix, AI 85P47CEIVED 60th Day* .. Z. (602) 542-5141 OCT 0 6 2017r. APPLICATION FOR AGENT CHANGE ACQUISITI dWdWNTROL RESTRUCTURE V'. NOTE: 1)The fee for an agent change MUST be submitted with this applic tan: 0 for the first application and$50.00 foiach additional application,not to exceed$1,000.00. (A.R.S.4-209.H)NOTE 2)the$100.00 fee for restructure/acquisition of control;rUST be submitted with this application.(A.R.S.4-209.A) SECTION 1 Check the [DAgent Change FVIAcquisffion of Control []Restructure appropriate Complete Sections 1,2,3,4,5&7 Complete Sections 1,2,3& 7 Complete Sections 1,2,3,6& 7 boxes SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) 1. Name: Vurnovas,Jodi L 10103800 (EXISTING AGENT OR NEW AGENT) Last First Middle Liquor License# 2. Owner Name: Good 2 Go Stores, LLC Corp File #: R20588663 (Exactly as It appears on Liquor License) (If applicable) 3. Business Name: Good 2 Go Email: Admin@good2gostores.com (Exactly as It appears on Liquor License) 4. Business Location Address: 8388 N. Cortaro Road, Marana, Pima, 85743 (Do not use P.O.Box Number) City COUNTY Zip 5. Is the Business located within the incorporated limits of the above City or Town?w' es[:]No 6. 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?Des[2]No If Yes,what City,Town or Tribal Reservation is this Business located in: 7. Mailing Address: PO Box 50430, Idaho Fails, ID 83405 City State Zip 8. Business Phone. r� �'-3#-V MW V16411 Daytime Contact Phone 9. Does this transaction involve the sale of any portion of the percentage of ownership or corporate stock?EYesllo If yes, submit a certified copy of minutes. 10. Has there been any change of Controlling Persons?r7lyes[lo if yes,submit a copy of the minutes,amended articles of organization and/or amended operating agreement showing change SECTION 3 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) Each new person listed In section III must submit a questionnaire(form LIC0101)and a Department approved fingerprint card which may be obtained at the Department of Liquor. A Controlling Person already disclosed to the Department is not required to submit a questionnaire. 1. List all Controlling Persons to be disclosed,current and new. New Last First Middle Title Address C State Zi HSLC Holdings, LLC Member PO Box 50520, Idaho Falls, ID 83405 Q Adams, David G t,�.f Manager PO Box 50430, Idaho Falls, ID 84505 El (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) 2. List stockholders, percentage owners and/or Controlling Members owning 10%or more New Last First Middle %Owned Address CRY State 7i -0 1 HSLC Holdings, LLC 05% PO Box 50620, Idaho Falls, ID 83405 F] See Attached Flow Chart (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) If the ownership is owned by another entity,ATTACH AN OWNERSHIP FLOWCHART SHOWING THE OFFICERS MEMBERS CONTROLLING PERSON AND la o OR MORE OWNERS FOR THE ENTITIES.Attach additional sheets as necessary in order to disclose all persons. 11/18/2015 Marana Regular Council Meeting 11/0 Page 100 of 309 Page 1 of 3 {✓te�i,.ice.it l^r.-. .,i.:...r.. A f1 A --,I 1/1'xnl C An nnr%7