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HomeMy WebLinkAboutCouncil Agenda Packet 6-16-2015            Amended at 2:45 P.M. on June 15, 2015 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 16, 2015, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on June 16, 2015, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Amended Marana Regular Council Meeting 06/16/2015 Page 1 of 223 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) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING              CALL TO ORDER AND ROLL CALL   PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE   APPROVAL OF AGENDA   CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector/document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda.   PROCLAMATIONS Amended Marana Regular Council Meeting 06/16/2015 Page 2 of 223   1 Proclamation: Recognizing Paul Ashcraft   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C 1 Resolution 2015-057: Relating to Tourism; supporting the development of United States Bicycle Route 90 within the Town of Marana (Brian Varney)   C 2 Resolution No. 2015-058: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for incarceration of municipal prisoners for the period of July 1, 2015 through June 30, 2016 (Jane Fairall)   C 3 Resolution No. 2015-059: Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with Triadvocates, LLC, for the 2015-2016 fiscal year (Anthony Hunter)   C 4 Resolution No. 2015-060: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute Grant agreement Number DUIAC-E-056 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUIAC) and the Town of Marana for grant funding for a DUI Warrant Detail (Lisa Shafer)   C 5 Resolution No. 2015-061: Relating to Transaction Privilege Tax; approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona Department of Revenue and the Town of Marana regarding the administration, collection, audit and/or licensing of transaction privilege tax and affiliated excise taxes imposed by the Town of Marana (Erik Montague)   C 6 Resolution No. 2015-062: Relating to the Police Department; exempting undercover Amended Marana Regular Council Meeting 06/16/2015 Page 3 of 223 C 6 Resolution No. 2015-062: Relating to the Police Department; exempting undercover vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles to be used in felony investigations or activities of a confidential nature (Terry Rozema)   C 7 "ADDED LATE" Resolution No. 2015-066 : Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between and among Pima County, the City of Tucson, and the Town of Marana for the design and construction of the Silverbell Roadway Overlay Project; and superseding Marana Resolution No. 2015-053 (Frank Cassidy)   C 8 Approval of June 2, 2015 Council Committee for Planning Commission and Board of Adjustment Appointments Meeting Minutes and approval of June 2, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson)   LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   B 1 Resolution No. 2015-063: Relating to Boards, Commissions and Committees; making appointments to the Town of Marana Planning Commission (Ryan Mahoney)   COUNCIL ACTION   A 1 PUBLIC HEARING: Resolution No. 2015-064: Relating to Budget; adopting the Town of Marana's fiscal year 2015-2016 final budget (Erik Montague)   A 2 PUBLIC HEARING: Resolution No. GFCFD 2015-02: [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016.   A 3 PUBLIC HEARING: Resolution No. GFCFD2 2015-02: [Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms (Phase II) Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms (Phase II) Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016.   A 4 PUBLIC HEARING: Resolution No. SSCFD 2015-02: [Marana Town Council Amended Marana Regular Council Meeting 06/16/2015 Page 4 of 223 A 4 PUBLIC HEARING: Resolution No. SSCFD 2015-02: [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of the Saguaro Springs Community Facilities District, Pima County, Arizona, approving the final budget for the Saguaro Springs Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016.   A 5 PUBLIC HEARING: Resolution No. VFCFD 2015-02: [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016.   A 6 Ordinance 2015.014: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to increase dog licensing fees; and declaring an emergency (Lisa Shafer)   A 7 Resolution No. 2015-065: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2015-2016 to support operation of the Marana Visitor Center and provision of services to the Marana community (Curt Woody)   ITEMS FOR DISCUSSION/POSSIBLE ACTION   D 1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson)   EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E 1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda.   E 2 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Town of Marana Planning Commission.   FUTURE AGENDA ITEMS Amended Marana Regular Council Meeting 06/16/2015 Page 5 of 223 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     Amended Marana Regular Council Meeting 06/16/2015 Page 6 of 223  Item   1            From:Jocelyn C. Bronson, Town Clerk Date:June 16, 2015 Subject:Proclamation: Recognizing Paul Ashcraft Attachments: Paul Ashcraft Proclamation Amended Marana Regular Council Meeting 06/16/2015 Page 7 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 8 of 223  Item   C 1            To:Mayor and Council From:Brian Varney, Planner II Date:June 16, 2015 Strategic Plan Focus Area: Commerce, Community, Recreation Subject:Resolution 2015-057: Relating to Tourism; supporting the development of United States Bicycle Route 90 within the Town of Marana (Brian Varney) Discussion: The American Association of State Highway and Transportation Officials (AASHTO) has designated a bicycle corridor traversing the United States from California to Florida to be developed and designated as United States Bicycle Route 90 (USBR 90). The designation of USBR 90 is in support of improving bicycle tourism and connecting people and communities. Bicycle tourism is a growing industry in the United Stated and contributes to the economies of communities that provide facilities for it. USBR 90 is part of a developing national network of bicycle tourism routes that connect urban, suburban, and rural areas utilizing existing roads, trails, paths, and other facilities appropriate for bicycle travel. The Town of Marana will incur no cost for the designation of USBR 90 through the Town. The Arizona Department of Transportation (ADOT) supports AASHTO's designated bicycle routes through Arizona, and is currently working with the firm of Kimley-Horn to develop a plan for implementation of routes through the state. The stretch of the proposed USBR 90 which passes through the Town of Marana largely utilizes the Interstate 10 frontage roads under the jurisdiction of ADOT; however, portions of the route utilize the following segments of existing Town roadways as well as the Santa Cruz River Shared-Use Path: Tiffany Loop from the west frontage road to Twin Peaks Road Twin Peaks Road from Tiffany Loop west to the Santa Cruz River Shared-Use Path Santa Cruz River Shared-Use Path south from Twin Peaks Road to Ina Road Although the segment of the Santa Cruz River Shared-Use Path south of Ina Road to the Town's southern boundary is located within the Town of Marana, the path traverses land owned by Pima Amended Marana Regular Council Meeting 06/16/2015 Page 9 of 223 County and is maintained by the County. The development of USBR 90 through the Town of Marana is supported by AASHTO and ADOT. Staff has considered the proposed route and finds it to be suitable for our community at this time. Staff Recommendation: Staff recommends that Resolution 2015-057 be adopted, formally supporting the development of the proposed United States Bicycle Route 90 within the Town of Marana. Suggested Motion: I move to adopt Resolution 2015-057, supporting the development of United States Bicycle Route 90 within the Town of Marana. Attachments: Resolution No. 2015-057 Exhibit 'A' US Corridor Map Amended Marana Regular Council Meeting 06/16/2015 Page 10 of 223 Marana Resolution No. 2015-057 6/3/2015 10:30 AM BDV MARANA RESOLUTION NO. 2015-057 RELATING TO TOURISM; SUPPORTING THE DEVELOPMENT OF UNITED STATES BICYCLE ROUTE 90 WITHIN THE TOWN OF MARANA WHEREAS, the bicycle tourism industry is a growing industry in North America, contributing to the economies of communities that provide facilities for such tourists; and WHEREAS, the American Association of State Highway and Transportation Officials (AASHTO) has designated an east / west corridor crossing the state of Arizona to be developed as United States Bicycle Route 90 (USBR 90); and WHEREAS, the Arizona Department of Transportation is supportive of AASHTO designated bicycle routes through Arizona, subject to ongoing collaboration with affected jurisdictions to designate specific facilities the routes will traverse; and WHEREAS, the proposed USBR 90 traverses the Town of Marana utilizing the following Town-owned roads and shared-use paths and is expected to provide a benefit to the local residents and businesses: Tiffany Loop from the west frontage road to Twin Peaks Road Twin Peaks Road from Tiffany Loop west to the Santa Cruz River Shared-Use Path Santa Cruz River Shared-Use Path from Twin Peaks Road south to Ina Road WHEREAS, the Town has duly considered the proposed route and found it to be a suitable route through the Town of Marana at this time and desires that the route be formally designated so that it can be appropriately mapped and potentially signed, thereby promoting bicycle tourism in our area; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Marana Town Council supports the development of USBR 90 through the Town of Marana as depicted on Exhibit ‘A’ attached to this resolution. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions, and objectives of this resolution. Amended Marana Regular Council Meeting 06/16/2015 Page 11 of 223 Marana Resolution No. 2015-057 6/3/2015 10:30 AM BDV PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 12 of 223 4 0 10.5 Miles Data Disclaimer: The Town of Marana provides this map information "As Is"at the request of the user with the understanding that it is not guaranteedto be accurate, correct or complete and conclusions drawn from such informationare the responsibility of the user. In no event shall The Town of Marana becomeliable to users of these data, or any other party, for any loss or direct, indirect,special, incidental or consequential damages, including but not limitedto time, money or goodwill, arising from the use or modification of the data.U:\Planning\Bike Data\US Bicycle Route 90.mxd JPC RecommendedU.S BicycleRoute 90 Proposed Route EXHIBIT 'A' Amended Marana Regular Council Meeting 06/16/2015 Page 13 of 223 UNITED STATES BICYCLE ROUTE SYSTEM NATIONAL CORRIDOR PLAN May 2015 America’s bicycle travel experts The goal of The United States Bicycle Route System is to connect America through a network of numbered interstate bicycle routes. Prioritized Corridors are not routes, but 50-mile wide areas where a route may be developed. These corridors have been assigned route numbers. Alternate Corridors provide additional consideration for interstate routing. These corridors have not been assigned route numbers but may be prioritized. Corridors may be added or existing corridors shied as needed. Established U.S. Bicycle Routes designated by aashto appear as defined lines on the Corridor Map. For specific route information visit www.adventu- recycling.org/ routes/usbrs. [ ][ ][ ][ ]private orpublic ferryalternatecorridorprioritizedcorridor united statesbicycle route 97 108 208 8 95 87 36 36 41 14 66 21 121 21 7 23 66 76 76 76 95 95 85 65 45 45 45 15 15 51 51 9 25 25 25 90 90 90 5050 50 85 87 87 79 79 35 8 35 11 70 70 20 20 20 84 84 30 30 30 5 40 40 10 10 10 10 8075 1 1 1 55 55 37 Albany Albuquerque Atlanta Augusta Austin San Antonio Fort Worth Dallas Houston El Paso Phoenix Tucson Denver Bakersfield Los Angeles San Diego San Jose SacramentoSan Francisco Portland Reno Salt Lake City Boise Idaho Falls New Orleans Chicago Miami Key West Baton Rouge Baltimore Boston Canton Tallahassee Mobile ChattanoogaMemphis Gulfport Little Rock Charlotte Fayetteville Cincinnati Columbus Columbia Cleveland Pittsburgh Detroit Colorado Springs Corpus Christi Daytona Beach Davenport Des Moines Dayton Eugene Fort Collins Fresno New York Hartford Pensacola Jackson Jacksonville Philadelphia Lincoln Knoxville Lansing Las Vegas Lexington Nashville Louisville Lubbock McAllen Sault Ste Marie Milwaukee Minneapolis New Haven Oklahoma City Omaha Orlando Raleigh Providence Riverside Salem Seattle Spokane Savannah Tampa Syracuse Scranton St. Louis Shreveport Springfield Sarasota Richmond Virginia Beach Rochester Toledo Tulsa Washington D.C. Wichita Kansas City Melbourne Provo Santa Rosa Billings Casper Fargo DuluthBismarck Sioux Falls Pierre Wilmington Manchester Burlington Portland Fort Lauderdale W. Palm Beach Helena Missoula Springfield Topeka Montgomery Santa Fe Cheyenne Homer Anchorage Fairbanks Deadhorse Haines Skagway Juneau Honolulu Hilo Amended Marana Regular Council Meeting 06/16/2015 Page 14 of 223  Item   C 2            To:Mayor and Council Submitted For:Jane Fairall, Deputy Town Attorney From:Jocelyn C. Bronson, Town Clerk Date:June 16, 2015 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2015-058: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for incarceration of municipal prisoners for the period of July 1, 2015 through June 30, 2016 (Jane Fairall) Discussion: For many years, the Town of Marana and Pima County have had an intergovernmental agreement (IGA) which sets forth a fee schedule for the payment of the costs associated with the incarceration of Town municipal prisoners at the Pima County Jail. The IGA typically expires at the end of each fiscal year. The proposed IGA is for the time period of July 1, 2015 through June 30, 2016. Under the IGA, the Town's costs for the first day of prisoner incarceration would increase from $257.83 to $279.51. The rate for each additional day thereafter will increase from $80.10 to $85.15 per day. Financial Impact: It is not possible to quantify the exact impact of the cost increase since the Town's total costs are entirely dependent upon the number of people from our jurisdiction who are arrested and/or held at the Pima County Jail. Jail costs have been budgeted for FY 15-16 with an amount anticipated to be sufficient to cover the costs. Staff Recommendation: Staff recommends approval of the IGA. Amended Marana Regular Council Meeting 06/16/2015 Page 15 of 223 Suggested Motion: I move to adopt Resolution No. 2015-058, approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for incarceration of municipal prisoners for the period of July 1, 2015 through June 30, 2016. Attachments: Resolution No. 2015-058 IGA FY 15-16 Incarceration of Prisoners Amended Marana Regular Council Meeting 06/16/2015 Page 16 of 223 Marana Resolution No. 2015-058 MARANA RESOLUTION NO. 2015-058 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR PAYMENT FOR THE INCARCERATION OF MU- NICIPAL PRISONERS FOR THE PERIOD OF JULY 1, 2015 THROUGH JUNE 30, 2016 WHEREAS the Town of Marana requires the use of an appropriate facility for the incar- ceration of its prisoners; and WHEREAS the Mayor and Council of the Town of Marana have determined that the Pi- ma County Adult Detention Center (PCADC), owned and operated by Pima County, Arizona, will fulfill the Town’s needs; and WHEREAS the Town of Marana and Pima County desire to enter into an agreement to provide for payment by the Town for the costs of incarcerating Town municipal prisoners at PCADC; and WHEREAS the parties may contract for services and enter into agreements with one an- other for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement (IGA). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the intergovernmental agreement for the incarceration of mu- nicipal prisoners for the period of July 1, 2015 through June 30, 2016, attached to this resolution as Exhibit A, and authorizing the Mayor to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the IGA. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 17 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 18 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 19 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 20 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 21 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 22 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 23 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 24 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 25 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 26 of 223  Item   C 3            To:Mayor and Council From:Anthony Hunter, Management Assistant Date:June 16, 2015 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2015-059: Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with Triadvocates, LLC, for the 2015-2016 fiscal year (Anthony Hunter) Discussion: Phoenix-based firm Triadvocates has provided lobbying services to the Town of Marana for several years. The primary duty of this service is representing the Town in state legislative affairs. The contract for this services agreement is renewed annually for each fiscal year. Financial Impact: Fiscal Year:2015-2016 Budgeted Y/N: Y Amount:$45,999.96 Staff Recommendation: Based on past performance, staff recommends renewing the Lobbying Services Agreement with Triadvocates. Suggested Motion: I move to adopt Resolution No. 2015-059, approving and authorizing the Town Manager to execute a Lobbying Services Agreement with Triadvocates, LLC, for the 2015-2016 fiscal year. Attachments: Resolution No. 2015-059 Amended Marana Regular Council Meeting 06/16/2015 Page 27 of 223 Attachments: Resolution No. 2015-059 Exhibit A - Lobbying Services Agreement Amended Marana Regular Council Meeting 06/16/2015 Page 28 of 223 Marana Resolution No. 2015-059 MARANA RESOLUTION NO. 2015-059 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AUTHORIZ- ING THE TOWN MANAGER TO EXECUTE A LOBBYING SERVICES AGREEMENT WITH TRIADVOCATES, LLC, FOR THE 2015-2016 FISCAL YEAR BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARA- NA, ARIZONA, that the Town Manager is hereby authorized to execute, and the Town’s staff is hereby directed and authorized to undertake all other and further tasks required to carry out the terms and obligations of, a lobbying services agreement between the Town of Marana and Triad- vocates, LLC, attached to and incorporated by this reference in this resolution as Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 29 of 223 {00038198.DOC /}- 1 -6/5/2014 JF LOBBYING SERVICES AGREEMENT This Agreement for lobbying services (this “Agreement”) is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”) and TRIADVOCATES LLC, a Delaware limited liability company (“TRIADVOCATES”). IN CONSIDERATION of the mutual obligations contained in this Agreement, the parties mutually agree as follows: ARTICLE I. SCOPE OF WORK/COMPENSATION A. ENGAGEMENT AND SCOPE OF SERVICES:The Town retains TRIADVOCATES in the capacity of lobbyist. TRIADVOCATES shall provide lobbying services at the direction of the Town Manager as approved and directed by the Mayor and Council. TRIADVOCATES’ duties shall include providing lobbying services for the Town before state government bodies and officials. B. REPRESENTATION OF OTHER CLIENTS:Nothing in this Agreement shall be in- terpreted to prohibit TRIADVOCATES from representing other clients so long as that repre- sentation does not constitute a legal conflict of interest. The Town may waive conflicts to the extent permitted by law. C. COMPENSATION:For the services contemplated in this Agreement, the Town shall pay TRIADVOCATES a fee of $3,833.33 per month, with total compensation under this Agreement not to exceed $45,999.96. D. CHARGES FOR COSTS AND EXPENSES: With the Town Manager’s prior written approval,the Town shall reimburse TRIADVOCATES for any reasonable out-of-pocket costs, including costs for travel time or mileage, which TRIADVOCATES may incur as a di- rect result of its lobbying efforts on the part of the Town. TRIADVOCATES will not markup any of its costs. E. BILLING:TRIADVOCATES shall bill the Town for its services on or about the first day of each month. The Town shall pay invoices within 30 days of receipt. ARTICLE II. TERM This Agreement shall begin on and be effective as of July 1, 2015, and shall continue in full force and effect until June 30, 2016, unless sooner terminated pursuant to Article III. ARTICLE III. TERMINATION/MODIFICATIONS A. TERMINATION:This Agreement may be terminated by either the Town or TRIADVOCATES at any time, subject to payment of all fees and costs incurred through the date of termination, by giving written notice to the other party. The written notice shall be Amended Marana Regular Council Meeting 06/16/2015 Page 30 of 223 {00038198.DOC /}- 2 -6/5/2014 JF delivered personally or by certified mail, and termination shall take effect 30 days after receipt of the written notice by the receiving party. B. MODIFICATION:This Agreement may not be modified except by an instrument in writing duly executed by all parties. ARTICLE IV. MISCELLANEOUS A. ENTIRE AGREEMENT:This Agreement supersedes any and all agreements previous- ly made between the parties relating to the subject matter of this Agreement,and there are no understandings or agreements other than those incorporated in this Agreement. B. NO ASSIGNMENT:TRIADVOCATES may not assign any rights or obligations under this Agreement without the Town’s prior written consent. C. INDEPENDENT CONTRACTOR STATUS:TRIADVOCATES is an independent con- tractor and nothing in this Agreement shall make TRIADVOCATES an employee of the Town. TRIADVOCATES is solely responsible for all federal, state and local taxes, including but not limited to FICA, unemployment compensation and workers’ compensation, and will not be subject to the personnel policies or entitled to any benefits of the Town. D. GOVERNING LAW:This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Arizona. E. ATTORNEYS’FEES:If there is a breach of this Agreement that results in litigation, the prevailing party shall be awarded its attorneys’ fees and court costs incurred in the lit- igation. F. SEVERABILITY:If any provision of this Agreement shall under any circumstances be deemed invalid or inoperative, this Agreement shall be construed with the invalid or in- operative provision deleted and the rights and obligations construed and enforced accord- ingly. G. CONFLICT OF INTEREST: This Agreement is subject to the provisions of A.R.S.§ 38-511, which provides for termination in certain instances involving conflicts of interest. H. COMPLIANCE WITH IMMIGRATION LAWS: TRIADVOCATES warrants that it complies with all federal immigration laws and regulations that relate to its employees and with A.R.S. § 23-214 (A). TRIADVOCATES acknowledges that pursuant to A.R.S. § 41-4401, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to inspect the papers of any employee who works on the Agreement to en- sure compliance with this warranty. Amended Marana Regular Council Meeting 06/16/2015 Page 31 of 223 {00038198.DOC /}- 3 -6/5/2014 JF IN WITNESS WHEREOF, the parties have executed this Agreement on the last signature date below. TOWN OF MARANA: By: Gilbert Davidson, Town Manager Date: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Deputy Town Attorney TRIADVOCATES LLC: By: Its: EIN/SSN: Date: Amended Marana Regular Council Meeting 06/16/2015 Page 32 of 223  Item   C 4            To:Mayor and Council From:Lisa Shafer, Community Development Director Date:June 16, 2015 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2015-060: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute Grant agreement Number DUIAC-E-056 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUIAC) and the Town of Marana for grant funding for a DUI Warrant Detail (Lisa Shafer) Discussion: The Town of Marana Police Department has been awarded DUI Abatement Grant funding of $15,000 by the State of Arizona by and through the Oversight Council on Driving or Operating under the Influence Abatement. The purpose of this grant is to provide funding to the police department, allowing them to conduct high profile DUI warrant sweeps. These State DUI Abatement funds will support personnel services (Overtime) and employee related expenses (fringe benefits) for those officers participating in the warrant sweeps. The Marana Police Department is very active in DUI enforcement and education. Since 2012 the PD has had over 550 DUI arrests. A large number of people arrested for DUI violations are not appearing in court or paying fines, resulting in warrants being issued for their arrest. Suspects listed in these warrants are often repeat offenders who regularly put the public at risk by continuing to drive on public roadways while impaired, uninsured, or with suspended and/or revoked driving privileges. The department regularly provides patrol officers with lists of active warrants. Officers are expected to clear many of these when time and staffing permit. However, the daily call load does not always allow extra time for the officer to proactively pursue these DUI offenders. This past year Marana PD was the recipient of Abatement Council funding from May of 2014 through April of 2015. The department completed seven high profile, aggressive warrant sweeps that resulted in 69 arrests and $150,091 in recovered bond money and fines. The overtime allowed Amended Marana Regular Council Meeting 06/16/2015 Page 33 of 223 officers the additional time needed to prioritize offenders, research warrants, locate offenders, and complete necessary case paperwork. Financial Impact: Fiscal Year:2016 Budgeted Y/N:Y Amount:$15,000 All of the officers' overtime will be fully reimbursed by this grant. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution 2015-060, approving and authorizing the Chief of Police and the Town Manager to execute Grant agreement Number DUIAC-E-056 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUIAC) and the Town of Marana for grant funding for a DUI Warrant Detail. Attachments: Resolution No. 2015-060 Grant Agreement Amended Marana Regular Council Meeting 06/16/2015 Page 34 of 223 Marana Resolution No. 2015-060 - 1 - MARANA RESOLUTION NO. 2015-060 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE GRANT AGREEMENT NUMBER DUIAC-E-056 BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE OVERSIGHT COUNCIL ON DRIVING OR OPERATING UNDER THE INFLUENCE ABATEMENT (DUIAC) AND THE TOWN OF MARANA FOR GRANT FUNDING FOR A DUI WARRANT DETAIL WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving driving under the influence; and WHEREAS the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUIAC) has awarded grant funding to the Town under the DUI Abatement Grant Program for overtime and employee-related expenses (fringe benefits) for those officers participating in high-profile DUI warrant sweeps; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a grant agreement with the State by and through DUIAC to be eligible to receive funds under the DUI Abatement Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. Grant Agreement Number DUIAC-E-056 between the State of Arizona by and through the Oversight Council on Driving or Operating Under the Influence Abatement (DUIAC) and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Chief of Police and the Town Manager are hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant agreement. Amended Marana Regular Council Meeting 06/16/2015 Page 35 of 223 Marana Resolution No. 2015-060 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of June, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 36 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 37 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 38 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 39 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 40 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 41 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 42 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 43 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 44 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 45 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 46 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 47 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 48 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 49 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 50 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 51 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 52 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 53 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 54 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 55 of 223  Item   C 5            To:Mayor and Council From:Erik Montague, Finance Director Date:June 16, 2015 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2015-061: Relating to Transaction Privilege Tax; approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona Department of Revenue and the Town of Marana regarding the administration, collection, audit and/or licensing of transaction privilege tax and affiliated excise taxes imposed by the Town of Marana (Erik Montague) Discussion: On May 29, 2015, the Town received the Arizona Department of Revenue's cancelation notice for the current Intergovernmental Agreement (IGA), including all modifications, at the end of its current term of June 30, 2015. This termination notice was sent along with the intent of re-entering into a new IGA with an effective date of July 1, 2015 forward. This new intergovernmental agreement (IGA) was negotiated with the Department of Revenue (DOR) by city representatives included a finance director, a tax administrator, and two attorneys, along with assistance from the League of Arizona Cities and Towns. Additionally, several attorneys and tax experts from many cities and towns reviewed and commented on the language during the process, resulting in a document that provides the maximum level of information and assurances for the cities possible. Local Transaction Privilege Tax (TPT) administration is governed by A.R.S. § 42-6001. This statute was recently modified for the purpose of tax simplification with the passage of House Bill 2111 in 2013 and House Bill 2389 in 2014. This statute now requires the Arizona Department of Revenue (DOR) to administer the transaction privilege and use taxes imposed by all cities and towns and to enter into a new intergovernmental agreement (IGA) with each city and town to reflect these changes and clearly define the working relationship between DOR and Arizona cities and towns. Amended Marana Regular Council Meeting 06/16/2015 Page 56 of 223 State administration for the current self-collecting cities is predicated on DOR having the capability to provide an electronic means for collecting and distributing detailed taxpayer information including specific gross receipts and deductions by classification and by business location. This IGA intends to cover all aspects of administration after DOR takes over for all cities and towns, but it also includes language allowing self-collecting cities to continue their own tax and license programs until such time that DOR is able to perform the administrative functions documented in statute. Although tax simplification will have the greatest impact on those cities and towns that are currently self-collecting local taxes, there are also considerable improvements for cities and towns in the State collection program as a result of simplification, particularly in the form of receiving much more detailed taxpayer data. The IGA covers all aspects of local tax administration. First and foremost, the IGA addresses confidentiality, including the authorized handling of confidential taxpayer information, expectations for the discreet use of taxpayer data to prevent unauthorized disclosure, and the process we will follow in the event of a disclosure. There is also clarified and simplified guidance on the use of aggregated taxpayer data for public reporting and analysis. The IGA includes clear direction regarding the sharing of general taxpayer license information, legal interpretations and written guidance, rate and fee tables, and any other pertinent tax information that needs to be shared between the cities and towns and DOR. Importantly, the IGA identifies exactly which license and tax return data fields must be provided by DOR, and identifies in detail a series of new reports DOR will soon provide to all cities, both of which will serve to greatly expand the data available to the city for analysis purposes. The first changes related to tax simplification that went into effect were new rules dealing with auditing, which DOR and the cities began following in January 2015. The IGA formalizes both the concepts included in statute and the main concepts used in practice by auditors in the field. Key factors include a commitment to audit for all jurisdictions whenever any audit is being done; the continued authority for any city or town to perform an audit of a taxpayer that is engaged in business only in their town; the general guidance that DOR will lead all multi-jurisdictional audits, coupled with the option for DOR to delegate actual audit performance to a city or town when circumstances indicate it would be the most efficient means of completing the audit. The IGA also provides guidance for handling voluntary disclosure by taxpayers, closing agreements in lieu of litigation, and sets up the responsibilities and authorities of both parties in terms of code or statute interpretations and legal support for protests. Most importantly, the new IGA provides for a formal review process using the new "State and Local Uniformity Group" made up of four city and four DOR tax experts who will work together to iron out any problems or conflicts between the cities and the State. The term of this IGA is from July 1, 2015 through June 30, 2016, and it renews automatically each year. Either party has the right to reopen and renegotiate the terms according to provisions within the agreement. Amended Marana Regular Council Meeting 06/16/2015 Page 57 of 223 Staff Recommendation: Staff recommends approval of Resolution 2015-061, authorizing the execution of the intergovernmental agreement with the Arizona Department of Revenue. Suggested Motion: I move to adopt Resolution 2015-061, approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona Department of Revenue and the Town of Marana regarding the administration, collection, audit and/or licensing of transaction privilege tax and affiliated excise taxes imposed by the Town of Marana. Attachments: Resolution No. 2015-061 Exhibit A to Resolution - IGA ADOR IGA_Appendix A & B ADOR IGA_Appendix C1 ADOR_IGA_Appendix C2 Amended Marana Regular Council Meeting 06/16/2015 Page 58 of 223 - 1 - Marana Resolution No. 2015-061 MARANA RESOLUTION NO. 2015-061 RELATING TO TRANSACTION PRIVILEGE TAX; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA DEPARTMENT OF REVENUE AND THETOWN OF MARANA REGARDING THE ADMINISTRATION, COLLECTION, AUDIT AND/OR LICENSING OF TRANSACTION PRIVILEGE TAX AND AFFILIATED EXCISE TAXES IMPOSED BY THE TOWN OF MARANA WHEREAS A.R.S. § 11-952 authorizes two or more public agencies to enter into intergov- ernmental agreements to contract for services, if authorized by their legislative or governing bodies; and WHEREAS A.R.S. § 42-6001 et seq. provides that the Arizona Department of Revenue (“Department”) shall collect and administer any transaction privilege and affiliated excise taxes im- posed by any city or town in Arizona and that the Department and each city or town shall enter into an intergovernmental contract or agreement pursuant to A.R.S. § 11-952 to provide a uniform meth- od of administration, collection, audit and licensing of transaction privilege and affiliated excise tax- es imposed by the state, cities or towns; and WHEREAS the Town Council finds that entering into this intergovernmental agreement is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreementbetween the Arizona Department of Revenue and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhib- it A, 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 undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. Amended Marana Regular Council Meeting 06/16/2015 Page 59 of 223 - 2 - Marana Resolution No. 2015-061 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of June, 2015. ATTEST: ___________________________________ Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: __________________________ Frank Cassidy, Town Attorney ___________________________________ Mayor Ed Honea Amended Marana Regular Council Meeting 06/16/2015 Page 60 of 223 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AGREEMENT is entered into this ______ day of _______________, 2015, by and between the Arizona Department of Revenue, hereinafter referred to as Department, and the Town of Marana, an Arizona municipal corporation, hereinafter referred to as Town. This Agreement shall supersede and replace all previous intergovernmental agreements, including amendments thereto, entered into by the Department and Town regarding the administration, collection, audit and/or licensing of transaction privilege tax, use tax, severance tax, jet fuel excise and use taxes and rental occupancy taxes imposed by the State, cities or towns. R E C I T A L S WHEREAS, Title 11, Chapter 7, Article 3 (A.R.S. § 11-952) authorizes two or more public agencies to enter into intergovernmental agreements to contract for services, if authorized by their legislative or governing bodies. WHEREAS, A.R.S. § 42-6001 et seq. was amended effective January 1, 2015 to provide that the Department shall collect and administer any transaction privilege and affiliated excise taxes imposed by any city or town in Arizona and that the Department and each city or town shall enter into an intergovernmental contract or agreement pursuant to A.R.S. § 11-952 to provide a uniform method of administration, collection, audit and licensing of transaction privilege and affiliated excise taxes imposed by the State, cities or towns. WHEREAS, Town has taken appropriate action by ordinance, resolution or otherwise, pursuant to the laws applicable to the governing body of Town, to approve and authorize Town to enter into this Agreement. A G R E E M E N T NOW, THEREFORE, in consideration of the foregoing, the Department and Town enter into this intergovernmental agreement as follows: 1. Definitions 1.1 A.R.S.means the Arizona Revised Statutes. 1.2 Adoption of an Ordinance means final approval by majority vote of the Town council. 1.3 Audit means a review to determine the correct amount of tax owed by a taxpayer and includes, but is not limited to,desk reviews and reviews of claims for refund. 1.4 Closing Agreement means an agreement to compromise or settle a tax liability. 1.5 Confidential Information means all such information as defined in A.R.S. § 42- 2001. Amended Marana Regular Council Meeting 06/16/2015 Page 61 of 223 2 1.6 Confidentiality Standards means the standards set forth in Appendix A or such other written standards mutually agreed to by the Department and Town. 1.7 Federal Tax Information means federal return or return information the Department receives from the Internal Revenue Service including any information created by the Department derived from that information. Documents obtained from a taxpayer or State records are not considered Federal Tax Information. 1.8 Model City Tax Code means the document defined in A.R.S. § 42-6051. The official copy of the Model City Tax Code is published at modelcitytaxcode.az.gov. 1.9 Modification means a change to an assessment required or authorized by statute. 1.10 Municipal Tax(es)means transaction privilege and affiliated excise taxes, including use tax, severance tax, jet fuel excise and use tax, and rental occupancy tax, imposed by Town in accordance with the Model City Tax Code. Unless the context provides otherwise, this definition includes tax, license fees, penalties, interest and other similar charges. 1.11 State means the State of Arizona. 1.12 State and Local Uniformity Group (“SLUG”) means an advisory group comprised of four representatives from municipal taxing jurisdictions and four representatives of the Department as set forth in Section 13 below. 1.13 Taxpayer Information means information protected from disclosure pursuant to Model City Tax Code § 510. 2. Disclosure of Information by Town to Department 2.1 Qualified Recipients of Information:The Department shall provide a list of the names and job titles of Department employees authorized to request and receive Taxpayer Information from Town. The Department shall inform Town of any additions, deletions or changes to this list within fifteen calendar days after the change occurs and shall provide an updated list at least annually. This information shall be sent via email to Town at financemgr@maranaaz.gov. The Town will not disclose Taxpayer Information to a Department employee whose name is not included on this list. Town may contact the Department with any questions related to qualified recipients by contacting the Cities Unit at CitiesUnit@azdor.gov. 2.2 Use of Information: Any Taxpayer Information released by Town to the Department may only be used by the Department for tax administration and collection purposes, and may not be disclosed to the public in any manner that does not comply with the Model City Tax Code. All Taxpayer Information shall be stored and destroyed in accordance with the Confidentiality Standards. 2.3 Municipal Ordinance: Amended Marana Regular Council Meeting 06/16/2015 Page 62 of 223 3 (a) Town shall provide the Department with a copy of its Municipal Tax code or any Town ordinances imposing the taxes to be collected hereunder within ten calendar days of a request for such information from the Department. This information shall be sent via email to the Cities Unit at CitiesUnit@azdor.gov. (b) Town shall provide the Department with a copy of any ordinance adopted by Town after execution of this Agreement that imposes or modifies the Municipal Taxes to be collected hereunder, including a new or different tax rate as defined by A.R.S. § 42-6053(E), within ten calendar days of Adoption of an Ordinance. This information shall be sent via email to the Cities Unit at CitiesUnit@azdor.gov. No such ordinance shall take effect on a date other than the first day of the month that is at least sixty calendar days after Town provides notice to the Department unless Town and the Department agree otherwise. The Department shall add the change to the official copy of the Model City Tax Code within ten business days of receipt of notice from Town. Town is responsible for confirming the change has been made. Pursuant to A.R.S. § 42-6053(E)(2), changes in tax rates have no effect unless reflected in the official copy of the Model City Tax Code. (c) Within fifteen calendar days following the adoption of an annexation ordinance, one copy of the ordinance and notification of the effective date of such ordinance shall be sent to the Department via email at GIS@azdor.gov. Town shall also include with the notice a list of businesses Town knows to be located in the annexed area. The Department shall not be obligated to begin collection of Municipal Tax any sooner than the first day of the month that is at least sixty calendar days after the date the Department received notice from Town of the annexation. 2.4 Development and Impact Fees: Upon request, Town shall provide to the Department any information regarding development and impact fees to assist the Department with the auditing of taxpayers and billing and collection of taxes. 2.5 Audits: Upon request by the Department, Town shall allow inspections and copies of any Town tax audits. 2.6 Other Information: Town shall also provide other relevant information necessary for tax administration and collection purposes as requested by the Department. 2.7 Statutory Authority: The disclosure of confidential Town tax information is governed by Model City Tax Code Section 510. 3. Disclosure of Information by Department to Town. 3.1 Qualified Recipients of Information: Town shall provide a list of the names and job titles of Town employees and any independent auditors acting on behalf of Amended Marana Regular Council Meeting 06/16/2015 Page 63 of 223 4 Town authorized to receive Confidential Information. Town shall inform the Department of any additions, deletions or changes to this list within fifteen calendar days after the change occurs and shall provide an updated list at least annually. This information shall be sent via email to the Cities Unit at CitiesUnit@azdor.gov. The Department will not disclose any Confidential Information to a Town employee or independent auditor whose name is not included on this list. The Department may contact Town with any questions related to qualified recipients by contacting financemgr@maranaaz.gov. 3.2 Suspension of Information: The Department will not withhold Confidential Information from Town so long as Town complies with A.R.S. § 42-2001 et seq. and the Confidentiality Standards. (a) If the Department has information to suggest Town, or any of its duly authorized representatives, has violated A.R.S. § 42-2001 or the Confidentiality Standards, the Department will send written notice to Town detailing the alleged breach as understood by the Department and requesting a response to the allegation within twenty calendar days of the date of the letter. (b) The Department will review the written response from Town and consider the information contained therein and all relevant circumstances surrounding the alleged violation before making a written determination as to whether a suspension of information is warranted and the length of the suspension. (c) If Town is dissatisfied with the Department’s determination it may within ten calendar days, submit a written request to SLUG requesting the group review the determination. (d) If the Department has information to suggest Town has violated the Confidentiality Standards, the Department may inspect Town’s records, facilities, and equipment to confirm whether there has been a violation. 3.3 Information to be Provided: Within the restrictions outlined in this Section, the Department shall provide all of the information detailed in Appendix B, which may be modified by the mutal agreement of the parties. The Department shall not provide Federal Tax Information to Town. In addition to the information detailed in Appendix B, Town may obtain upon request: (a) Inspections and/or copies of Department tax audits, including all information related to all cities and towns included in the tax audit; and (b) Other relevant information necessary for tax administration and collection purposes, including all information necessary to verify Town received all revenues collected by the Department on behalf of Town. Amended Marana Regular Council Meeting 06/16/2015 Page 64 of 223 5 3.4 Storage and Destruction of Confidential Information: All Confidential Information provided by the Department to Town shall be stored, protected, and destroyed in accordance with the Confidentiality Standards. 3.5 Statutory Authority:The Department may disclose Confidential Information to Town pursuant to A.R.S. § 42-2003(H) if the information relates to a taxpayer who is or may be taxable by a county, city or town. Any Confidential Information released to Town: (a) May only be used for internal tax administration purposes as defined in A.R.S. § 42-2001(4); and (b) May not be disclosed to the public in any manner that does not comply with the Confidentiality Standards. A.R.S. § 42-2003(H)(2) provides that any release of Confidential Information that violates the Confidentiality Standards will result in the immediate suspension of any rights of Town to receive taxpayer information pursuant to A.R.S. § 42-2003(H). 3.6 Specificity of Data: A.R.S. § 42-6001 provides that taxpayers shall file and pay Municipal Taxes to the Department if the Department has developed the electronic and nonelectronic tools necessary to capture data with sufficient specificity to meet the needs of all taxing jurisdictions, including specific data regarding each tax classification and any corresponding deductions at each business location of the taxpayer. Pursuant to A.R.S. § 42-5015, the electronic system utilized by the Department must be able to capture data with sufficient specificity to meet the needs of the taxing jurisdiction. The Department and Town agree that JT2 and TPT2 (as summarized in Appendix C) are required to meet the specificity needs of Town. (a) Non-Program Town: If Town performed its own Municipal Tax administration, collection, and licensing prior to July 1, 2015, then if the Department is unable to commit by September 1, 2015 that the data detail behind the JT2 and TPT2 will be provided to Town beginning and from January 1, 2016, the following shall take place: (1) The term of the agreement entered into by the Department and Town pertaining to Town performing municipal licensing services on behalf of the Department shall be extended for one (1) year; and (2) All provisions in this Agreement pertaining to the administration, collection, and licensing of Municipal Taxes shall not go into effect until such time as the Department is able to meet the requirements of A.R.S. § 42-6001 and A.R.S. § 42-5015, however all language in this Agreement related to audit functions shall remain in full force and effect. (b) Program Cities/Towns: If the Department performed Municipal Tax administration, collection and licensing for Town prior to July 1, 2015, then if the Department is unable to commit by September 1, 2015 that the data detail Amended Marana Regular Council Meeting 06/16/2015 Page 65 of 223 6 behind the JT2 and TPT2 will be provided to Town beginning and from January 1, 2016, the Department will contintinue to perform those functions. The continued provision of such service, however, shall not be deemed waiver of any legal rights or remedies afforded to Town including, but not limited to, a failure to meet the requirements of A.R.S. § 42-6001 and A.R.S. § 42-5015. 4. Audit. The Department shall administer the audit functions for Town in accordance with the following provisions. 4.1 Training: All auditors and supervisors shall be trained in accordance with the policies of the Department. Auditors who have not completed the training may only work in connection with a trained auditor and cannot be the only auditor assigned to the audit. The Department shall: (a) Provide audit training at least three times per year, or more frequently if there is a demonstrated need, and be responsible for its costs of the training and any associated materials; (b) Provide additional training when practical; (c) Notify Town of any training sessions at least thirty calendar days before the date of the training session; (d) Provide copies of State tax statutes, audit reference materials and audit procedures and manuals; (e) Permit Town auditors and supervisors to attend any scheduled training as space permits at designated training location: and (f) Provide additional training as needed to inform auditors and supervisors regarding changes in State law or Department policy. 4.2 Conflict of Interest:An auditor or supervisor trained and authorized to conduct an audit may not conduct any of the following prohibited acts: (a) Represent a taxpayer in any tax matter against the Department or Town while employed or in an independent contractor relationship with the Department or Town. (b) Attempt to use his/her official position to secure any valuable thing or valuable benefit for himself/herself or his/her family members. (c) Represent a taxpayer before the Department or Town concerning any matter in which he/she personally participated for a period of one year after he/she ends employment or the independent contractor relationship with the Department or Town. Amended Marana Regular Council Meeting 06/16/2015 Page 66 of 223 7 (d) Use information he/she acquires in the course of the official duties as an auditor or supervisor in a manner inconsistent with his/her official duties without prior written approval from the Department. (e) For a period of one year after he/she ends employment or an independent contractor relationship with the Department or Town, work in the same firm as a person who represents a taxpayer against the Department or Town unless the firm institutes formal barriers to prevent any sharing of information between the trained auditor or supervisor and the remainder of the firm. The Department may revoke an individual’s authority to audit and prohibit the use of any auditor or supervisor who violates this provision. 4.3 Audits and Refunds: (a) Town may conduct an audit of a taxpayer engaged in business only in Town. Before commencing such audit, Town shall notify the Department to ensure the taxpayer is not already scheduled for an audit. The Department will provide Town with a written response within fifteen calendar days of the notice from Town. (b) Except as permitted below, the Department shall conduct all audits of taxpayers having locations in two or more cities or towns. A Town auditor may participate in any audit Town requested the Department to perform. (c) Town shall notify the Department if it wants an audit of a taxpayer having locations in two or more Arizona cities or towns and whose primary business activity is in the following business classifications taxable by Town, but not a taxable activity under State law: 1. Residential rentals; 2. Commercial rentals; 3. Speculative Builders; or 4. Advertising. The Department will authorize such audits, to be overseen by the Department, unless there is already an audit of the taxpayer scheduled, or the Department determines the audit selection is discriminatory, an abuse of process or poses other similar defects. The Department will notify Town of its determination within thirty calendar days. No initial audit contact may occur between Town and a taxpayer until the Department approves the audit notice. (d) Town may request the Department conduct an audit of a taxpayer having locations in two or more Arizona cities or towns and whose primary business is subject to both city and state tax. The request must be made using the Department’s audit request form. Copies of the form can be obtained from the Department’s TPT Hub Unit at HubUnit@azdor.gov. The Department shall Amended Marana Regular Council Meeting 06/16/2015 Page 67 of 223 8 notify Town of the decision regarding the request within thirty calendar days of receipt of the request. (e) The Department may deny a request for an audit for the following reasons: 1. An audit is already scheduled or planned for the taxpayer within six months of the request; 2. The requested audit would interfere with strategic tax administration planning; 3. The audit selection is discriminatory, an abuse of process or poses other similar defects; 4. The request lacks sufficient information for the Department to determine whether it is appropriate; 5. The Taxpayer was audited within the previous two years; 6. The Department lacks sufficient resources to conduct the audit; or 7. The scope or subject of the audit does not justify the use of Department resources. (f) If the Department denies a request to conduct an audit because it either lacks resources to conduct the audit itself or the scope or subject of the audit does not justify the use of Department resources then Town shall notify the Department if it wants to conduct the audit under the supervision of the Department. No initial audit contact may occur between Town and a taxpayer until the Department appoints someone to supervise the audit. (g) Any decision by the Department denying Town’s request to conduct any audit may be referred to SLUG in accordance with Section 13 of this Agreement. (h) All audits conducted by Town shall be in accordance with standard audit procedures defined in the Department audit manual. All auditors shall be trained in accordance with Section 4.1 above. (i) The Department may appoint a manager to supervise any audit conducted by Town. (j) All audits shall include all taxing jurisdictions in the State regardless of which jurisdiction’s auditors participate in the audit. All desk reviews must include all taxing jurisdictions for which there is information available. (k) The Department shall issue all audit assessments on behalf of all taxing jurisdictions in a single notice to the taxpayer. (l) The Department shall issue Modifications to audit assessments on behalf of all taxing jurisdictions in a single notice to the taxpayer. Amended Marana Regular Council Meeting 06/16/2015 Page 68 of 223 9 4.4 Claims for Refund: (a) When a taxpayer files a request for refund, including refunds requested by filing amended returns, the Department shall process the request and review it for mathematical errors or for the failure of the taxpayer to properly compute the tax based on the taxable income reported on the return or refund request. (b) The Department will notify Town of all refund requests that are processed involving Town’s Municipal Taxes within thirty calendar days of processing the refund. Town may request an audit of the taxpayer as set forth in Section 4.3 above. (c) The Department may assign an auditor to review requests for refunds. The Department will notify Town, within thirty calendar days of initiating a review, of all refunds under review by an auditor pertaining to a taxpayer who engages in business within Town’s taxing jurisdiction and may request that Town assign an auditor to assist with such reviews. (d) Town is responsible for payment of all amounts to be refunded to taxpayers for Municipal Tax incorrectly paid to Town. The Department may offset a remittance to Town under this Agreement to cover the amounts of allowed refunds. If there are insufficient funds available to pay the refund, Town must pay the Department within sixty days of written demand from the Department. (e) The Department shall issue refund approvals/denials on behalf of all taxing jurisdictions in a single notice to the taxpayer. Town may request copies of such determinations. 4.5 Protests: Taxpayer protests of audit assessments and desk review assessments and refund denials shall be directed to the Department. Appeals of audit assessments, desk review assessments and refund denials shall be administered pursuant to Title 42, Chapter 1, Article 6, Arizona Revised Statues. Upon request, the Department shall notify Town of any appeals within 30 days of receipt of the protest. 4.6 Notice of Resolution:The Department shall notify Town when a protest is resolved, including information concerning the resolution of the protest, within 30 days after the resolution of a protest. 4.7 Status Reports: The Department shall keep SLUG apprised of the status of each protested matter involving the imposition of Municipal Taxes. Town may request to be on a distribution list for monthly status reports by contacting the Department’s Cities Unit. 5. Voluntary Disclosure Agreements Amended Marana Regular Council Meeting 06/16/2015 Page 69 of 223 10 The Department may enter into a voluntary disclosure agreement with a taxpayer. A voluntary disclosure agreement may limit the years subject to audit and waive penalties. Town may request to be kept informed of voluntary disclosure agreements involving Town Municipal Tax. If Town makes that request, the Department will notify Town of the Department’s intent to enter into an agreement and the Department will provide the taxpayer’s identity within thirty calendar days of disclosure. Town may request an audit of a taxpayer subject to a voluntary disclosure agreement pursuant to Section 4.3 above. 6. License Compliance 6.1 License Issuance and Renewal: The Department shall issue new Municipal Tax licenses and renew such licenses for Town Municipal Tax. The Department of Revenue shall provide Town with information about all persons obtaining and renewing tax licenses as set forth in Appendix B. 6.2 License Checks: The Department and Town shall coordinate efforts to conduct tax license compliance checks through canvassing and other compliance methods. 6.3 Confidentiality: Any tax license information Town obtains from the Department is considered Confidential Information and may only be disclosed as authorized by A.R.S. § 42- 2003. Any tax license information Town obtains through its own efforts may be disclosed as allowed by applicable Town laws. 6.4 Changes to License Fees: Within fifteen calendar days following the Adoption of an Ordinance (or official acknowledgment of approval of an ordinance by voters in an election of a charter city) issuing or modifying a tax license fee, one copy of the ordinance and notification of the effective date of such ordinance shall be sent to the Department via email at CitiesUnit@azdor.gov. The Department shall not be obligated to begin collection of the new or modified fee any sooner than sixty calendar days after the date the Department received the ordinance from Town. Notice of an ordinance concerning a renewal tax license fee must be received by the Department by July 31 in order to be collected the following calendar year. 7. Closing Agreements 7.1 Approval - The Department shall notify Town before entering into a Closing Agreement related to the tax levied and imposed by Town. The Department shall seek approval from either Town or SLUG before entering into such Closing Agreement. If the Closing Agreement concerns only Town, then the Department will attempt to obtain approval from Town first, and will only seek approval from SLUG if Town is unresponsive or the Department and Town cannot reach an agreement. Approval and notice is not required for Modifications of assessments. Amended Marana Regular Council Meeting 06/16/2015 Page 70 of 223 11 7.2 Litigation - During the course of litigation, the Department shall seek a range of settlement authority from Town or SLUG, unless the circumstances prevent such action. The Department may also request a telephonic meeting of SLUG if time and circumstances require immediate action. 8. Responsibility for Representation in Litigation. 8.1 Administrative Proceedings: The Department shall be responsible for coordinating the litigation and defending the assessment or refund denial in any administrative appeals before the Office of Administrative Hearings or the Director of the Department regardless of who conducted the audit. The Department shall be reasonably diligent in defending the interests of Town and Town shall assist in such representation as may be requested by the Department. 8.2 Further Appeals: The Arizona Attorney General is responsible for defending the assessment or refund denial at the Board of Tax Appeals, the Arizona Tax Court and all higher courts. Town shall assist the Attorney General in such representation and litigation as requested by the Attorney General’s Office. 8.3 Mutual Cooperation: The Department and Town agree they shall cooperate in the appeal and litigation processes and shall ensure their auditors, supervisors, and other necessary employees are available to assist the Department and the Attorney General for informal interviews, providing documents and computer records, preparing for depositions, attending depositions and trial as witnesses, and assisting in trial/hearing preparation as needed. 8.4 Administrative Decisions: The Department shall provide a copy of any and all administrative hearing level decisions, including Director’s decisions issued by the Department to all jurisdictions on a distribution list. Town may request to be on the distribution list by contacting the Department’s Cities Unit. Administrative decisions are Confidential Information and must be stored and destroyed in accordance with the Confidentiality Standards. 9. Collection of Municipal Taxes 9.1 Tax Returns: Taxpayers who are subject to Town Municipal Taxes shall pay such taxes to the Department. Tax payments shall be accompanied by a return prepared by taxpayer on a form prescribed by the Department. 9.2 Collection: The Department shall collect any Municipal Tax imposed by Town recorded on the Department’s tax accounting system. Amounts the Department collects for delinquent Town Municipal Tax accounts after the termination of this Agreement shall be forwarded to Town. Amended Marana Regular Council Meeting 06/16/2015 Page 71 of 223 12 9.3 Remittance: All amounts collected by the Department for Municipal Taxes under this Agreement shall be remitted to Town weekly on the basis of actual collections. The Department shall initiate the electronic payment by noon on the Monday after the end of the week in which the collections were made. Remittance shall be made in the form of immediately available funds transferred electronically to the bank account designated by Town. 9.4 Abatement: The Department, with the approval of the Attorney General, may abate tax under certain circumstances. During the ordinary course of business, the Department may determine for various reasons that certain accounts shall be closed or cancelled. The Department shall seek input from Town or SLUG before abating tax or closing accounts. The Department may request a telephonic meeting of SLUG if time and circumstances require immediate action. 9.5 Funds Owed to Town: At all times and under all circumstances payments remitted by a taxpayer to the Department for Town Municipal Taxes will be considered property of Town. The Department may not retain or fail to remit such funds to Town for any reason not specifically set forth in this Agreement including, but not limited to, during the course of a dispute between Town and the Department. 10. Financing Collection of Taxes. The costs incurred by the Department in administering this Agreement shall be financed through the State general fund appropriation to the Department. 11. Inter-Jurisdictional Transfers. All inter-jurisdictional transfers of Municipal Tax monies by the Department shall be handled in the following manner: 11.1 Requests: Requests for inter-jurisdictional transfers shall be made to the Department. The Department will review the request and will not automatically accept the request. 11.2 Notice: The Department shall notify Town and any other city or town implicated in the requested transfer a minimum of thirty calendar days prior to any inter- jurisdictional transfer of money. 11.3 Dispute Resolution: Any city or town subject to an inter-jurisdictional transfer shall resolve any dispute over the allocation of the tax in accordance with A.R.S. § 42-6003 and the Department shall transfer the funds subject to an inter- jurisdictional transfer in accordance with the agreed upon allocation in a timely manner. Amended Marana Regular Council Meeting 06/16/2015 Page 72 of 223 13 12. Educational Outreach. Town may conduct, at its own expense, educational outreach to taxpayers who are conducting business activities within Town’s taxing jurisdiction concerning the Model City Tax Code and the collection and administration of Municipal Taxes. Educational outreach shall be consistent with applicable law and Department written guidance. Upon request, Town shall provide information to the Department concerning such educational outreach efforts. 13. SLUG. The Department shall create an advisory group to help resolve issues 13.1 Members: The members shall consist of four seats representing municipal taxing jurisdictions and four seats representing the Department. Member seats may be split so some people fill the position for only certain issues, such as audit selection or collection abatement. There shall also be a list of alternate members, who may be asked by a regular member who is unable to attend a meeting to take that member's place at a SLUG meeting. 13.2 Selection: The Director of the Department shall appoint people to serve as members of SLUG. Municipal taxing jurisdictions shall nominate members from municipal taxing jurisdictions. All members shall serve for a period of one year unless they resign at an earlier date. Members may be appointed to serve consecutive terms. Members appointed to fill vacancies shall serve for the time remaining on the term. 13.3 Meetings: SLUG shall meet on a regular basis and at least monthly unless the members agree to cancel the meetings due to a lack of agenda items. It can schedule additional meetings as necessary to timely discuss issues presented. Alternate members may attend meetings, but cannot participate in any discussion or voting, unless filling the seat of a regular member. 13.4 Issues:Town may refer issues to SLUG involving the following: (a) Decisions by the Department to not audit a taxpayer; (b) Amendments to Department audit procedures or manuals; (c) Closing Agreements or a range of settlement authority; (d) Abatement or account closure in collections; (e) Suspension of disclosure of information from the Department; and Amended Marana Regular Council Meeting 06/16/2015 Page 73 of 223 14 (f) Other issues as authorized by the Director of the Department or agreed upon by the parties. 13.5 Recommendations: SLUG shall make recommendations to the Director of the Department. If the recommendation is approved by at least five members of SLUG, the Director will accept the recommendation of SLUG. If SLUG cannot reach a recommendation agreeable to at least five members of the group, the Director may act as he deems to be in the best interests of all parties. 13.6 Voting: Voting shall be by secret ballot. 13.7 Procedures: SLUG may develop procedures concerning the operation of the group as long as they are not inconsistent with this Agreement. 14. Funding of Additional Auditors by Town. 14.1 Funding: At the sole discretion of Town, Town may contribute funding to the Department to pay for additional auditors to assist the Department in the performance of audits of Municipal Tax owed to Town. Such additional auditors funded by Town shall at all times be deemed to be employees of the Department and under no circumstances shall be deemed to be employees or agents of Town. It is the parties’ intention that Town funding be used to increase the capabilities of the Department to perform Municipal Tax audits and not to subsidize or replace State funding required for audit and collection of taxes. 14.2 Use of Funds: Town funding for additional auditors under this Section shall be used to fund the auditors’ salaries and employee related expenses and shall not be used to pay for Department office space, utilities, equipment, supplies, or similar kinds of overhead. 14.3 Pool of Funds: The Department may pool any Town funding with any other similar funding provided by other municipal taxing jurisdictions to pay for additional auditors. The Department shall separately account for such funds in its annual budget. 14.4 Accounting: The Department shall provide an annual accounting to Town, by August 31 each year describing how Town funding was used during the prior fiscal year. 15. Satellite Offices for DepartmentAuditors. 15.1 Funding: Town, at its own expense and at its sole discretion, may provide one or more satellite offices and associated amenities for use by Department employees to provide audit and/or customer service to taxpayers. Use of such facilities by Department employees shall be at the sole discretion of the Department. Nothing Amended Marana Regular Council Meeting 06/16/2015 Page 74 of 223 15 in this section shall require the Department to make use of such facilities provided by Town. 15.2 Requirements: Any Department employee using a Town satellite office must meet reasonable requirements of Town related to the use of the facility. Town shall be responsible for notifying the Department of any concerns, and the Department shall be responsible for taking appropriate actions to resolve those concerns. 15.3 Termination: Once a satellite office is established, Town shall provide at least 180 calendar days written notice to the Department prior to the termination or relocation of a satellite office. The Department may discontinue the use of a satellite office at any time upon notice to Town and shall promptly remove all Department property. 15.4 License: All requirements of Town and the Department related to the satellite office shall be outlined in a mutually acceptable form of license and subject to separate approval. 16. Non-availability of Funds. Every payment obligation of the Department and the Town pursuant to this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation, except for the rendering of funds to Town paid by a taxpayer for Municipal Taxes or tax license fees of Town. If funds are not appropriated, allocated and available or if the appropriation is changed resulting in funds no longer being available for the continuance of this Agreement, this Agreement may be terminated at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this Section. The termination of this Agreement shall not entitle the Department to retain any Municipal Tax collected on behalf of Town pursuant to this Agreement. 17. Waiver. Nothing in this Agreement should be interpreted as Town relinquishing its legal rights under the Arizona Constitution or other applicable law, nor that Town is conceding the administration and collection of its Municipal Tax is not of a local interest or should not be under local control. 18. Cancellation The requirements of A.R.S. § 38-511 apply to this Agreement. The Department or Town may cancel this Agreement, without penalty or further obligation, if any person significantly involved Amended Marana Regular Council Meeting 06/16/2015 Page 75 of 223 16 in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Department or Town is, at any time while this Agreement or any extension is in effect, an employee, agent or consultant of the other party with respect to the subject matter of this Agreement. 19. Notice. (a) When any Notice to Town is required under the terms of this Agreement, such Notice shall be mailed to Town at the following address, directed to the attention of: Town of Marana Attn: Erik Montague, Finance Director 11555 W. Civic Center Drive Marana, AZ 85603 (b) When any Notice to the Department is required under the terms of this Agreement, such Notice shall be mailed to: Arizona Department of Revenue Attn: Director, Division Code 20 1600 W. Monroe Phoenix, AZ 85007 Notice to the Department’s Hub Unit or City Unit may be mailed to: Arizona Department of Revenue Division Code 16 1600 W. Monroe Phoenix, AZ 85007 20. Non-discrimination. The Department and Town shall comply with Executive Order 2009-9, which mandates all persons, regardless of race, color, religion, sex, age, or national origin, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The Department and Town shall take affirmative action to ensure applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. 21. Compliance with Immigration Laws and A.R.S. § 41-4401. Amended Marana Regular Council Meeting 06/16/2015 Page 76 of 223 17 21.1 The Department and Town shall comply with all Federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23- 214(A) which reads in part: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program.” 21.2 A breach of compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and may be grounds for the immediate termination of this Agreement. 21.3 The Department and Town retain the legal right to inspect the papers of any employee who works on the Agreement to ensure the Department and Town is complying with the applicable Federal immigration laws and regulations and State statutes as set forth above. 22. Audit of Records. Town and the Department shall retain all data, books, and other records (“Records”) relating to this Agreement for at least six (6) years (a) after termination of this Agreement, and (b) following each annual renewal thereof. All Records shall be subject to inspection by audit by the State at reasonable times. Upon request, the Department and Town shall produce any or all such records. This Agreement is subject to A.R.S. §§ 35-214 and -215. 23. Amendments. Any amendments to or modifications of this Agreement must be executed in writing in accordance with the provisions of this Agreement. 24. Mutual Cooperation. In the event of a disagreement between the parties with regard to the terms, provisions and requirements of this Agreement or in the event of the occurrence of any circumstances bearing upon or affecting this Agreement, parties hereby agree to mutually cooperate in order to resolve the said disagreement or deal with the said circumstance. 25. Arbitration. To the extent required by A.R.S. § 12-1518(B) and as provided for in A.R.S. § 12-133, the parties agree to resolve any dispute arising out of this Agreement by arbitration. The parties agree that any lawsuit filed by Town relating to the issues outlined in Section 17 of this Agreement is not considered to be a dispute arising out of this Agreement. Amended Marana Regular Council Meeting 06/16/2015 Page 77 of 223 18 26. Implementation. The implementation and execution of the provisions of this Agreement shall be the responsibility of the Director of the Department or his representative and the Mayor his/her designee, or another party with designated authority pursuant to applicable law or Town charter on behalf of Town. 27. Limitations. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of the parties in performing functions beyond those granted to them by law, or as requiring the parties to expend any sum in excess of their appropriations. 28. Duration. 28.1 The term of this Agreement shall be from July 1, 2015 through June 30, 2016. This Agreement shall automatically be renewed for successive one year terms thereafter unless either party shall terminate this Agreement by notice, in writing, no later than sixty calendar days prior to the expiration of the term then in effect. 28.2 If State legislation enacted subsequent to the date of this Agreement substantially affects the performance of this Agreement by either party or substantially diminishes the benefits either party would receive under this Agreement, either party may then terminate this Agreement by giving at least thirty calendar days’ notice to the other party. The termination will become effective immediately upon the expiration of the notice period unless otherwise agreed to by the parties. 28.3 Notwithstanding any provision to the contrary herein, both parties may by mutual agreement provide for the termination of this contract upon such terms and at such time as is mutually agreeable to them. 28.4 Any notice of termination shall be mailed and served on the other party in accordance with Section 19 of this Agreement. 28.5 During the term of this Agreement, the terms and conditions of this Agreement will undergo an annual review to be completed no later than March 1st of each year. The review will be performed by a committee made up of equal parts representatives of the Department and representatives of the municipal taxing jurisdictions entering into an IGA with the Department for the administration and collection of Municipal Taxes. 29. Choice of Law. Amended Marana Regular Council Meeting 06/16/2015 Page 78 of 223 19 The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes arising from this Agreement. 30. Entire Agreement. This document, including other documents referred herein, and any approved subcontracts, amendments and modifications made thereto, shall constitute the entire Agreement between the parties and shall supersede all other understandings, oral or written. 31. Signature Authority. 31.1 By signing below, the signer certifies he or she has the authority to enter into this Agreement on behalf of his or her respective party, and he or she has read the foregoing and agrees to accept the provisions herein on said party’s behalf. Amended Marana Regular Council Meeting 06/16/2015 Page 79 of 223 20 31.2 This Intergovernmental Agreement may be executed in counterpart. Signature Date Signature Date Typed Name and Title Typed Name and Title Ed Honea, Mayor Entity Name Entity Name Town of Marana Address Address 11555 W. Civic Center Drive City State Zip City State Zip Marana, Arizona 85653 RESERVED FOR THEATTORNEYGENERAL: RESERVED FOR TOWN ATTORNEY: This agreement between public agencies has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General who 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 Arizona Department of Revenue represented by the Attorney General. MARK BRNOVICH The Attorney General ___________________________________________ Signature Assistant Attorney General Date: __________________________ APPROVED AS TO FORM AND AUTHORITY: BY:________________________________ TOWNATTORNEY Date: ______________________________ Amended Marana Regular Council Meeting 06/16/2015 Page 80 of 223 APPENDIX A ARIZONA DEPARTMENT OF REVENUE CONFIDENTIALITY REQUIREMENTS 1. Confidential Information 1.1 Confidential Information is defined in A.R.S § 42-2001. Confidential Information may not be disclosed except as provided by statute. A.R.S. § 42-2001(B). 1.2 License information obtained from the Department of Revenue is Confidential Information and may only be disclosed as authorized by A.R.S. § 42-2003. License information obtained from other sources is not Confidential Information. 1.3 Information about a taxpayer’s identity obtained from the Department of Revenue is Confidential information and may only be disclosed as authorized by A.R.S. § 42-2003. Identity information obtained from other sources is not Confidential Information. 1.4 Confidential Information includes information about a single taxpayer and also aggregated information about a group of identified or identifiable taxpayers. Aggregated information from fewer than three taxpayers in a grouping on a statewide basis or fewer than ten taxpayers in a grouping for an area that is less than state level (city or town) may be Confidential Information. Such information may not be released unless the City/Town Administrator reviews the relevant information concerning the aggregate data and makes a determination in writing that the aggregate data does not reveal information about any specific taxpayer. Such determination should take into consideration the following: a. The proportionality of the tax information applicable to individual members of the group of taxpayers; no individual taxpayer’s information should be discernable due to its relative size/taxable sales, compared to other members of the group; b. The total aggregated tax information; the aggregate information cannot allow viewers to draw conclusions about individual taxpayers (e.g., there are 6 car dealers in the city and the total aggregate sales were $900,000 and none of them reported individual sales above the $20,000 mark, which would have qualified for the lower tax rate on large purchases) c. Any other factor that could cause the aggregate data to be used to determine information specific to a single taxpayer. 2. Protecting Information 2.1 City/Town must identify all places, both physical and logical, where Confidential Information is received, processed and stored and create a plan to adequately secure those areas. Amended Marana Regular Council Meeting 06/16/2015 Page 81 of 223 2.2 Confidential Information must be protected during transmission, storage, use, and destruction. City/Town must have policies and procedures to document how it protects its information systems, including Confidential Information contained therein. An example of appropriate protection standards is set forth in National Institute of Standards and Technology Special Publication 800-53. The publication may be found at http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r4.pdf 2.3 Employees are prohibited from inspecting information unless they have a business reason for the information. Browsing information concerning friends, neighbors, family members, or people in the news is strictly prohibited. 2.4 All removable media, including paper and CDs, containing Confidential Information must be secured when not in use and after normal business hours by placing all materials in a locked drawer or cabinet. During use, Confidential Information must be protected so that it is not visible to members of the public or anyone without a business need for the information. 2.5 All individuals accessing or storing Confidential Information from an alternative work site must enter into a signed agreement that specifies how the Confidential Information will be protected while at that site. Only trusted employees shall be permitted to access Confidential Information from alternative sites. Confidential Information may not be accessed while in public places such as restaurants, lounges, or pools. 2.6 Confidential Information may not be sent outside the local area network by unencrypted email. City/Town is responsible for ensuring in-flight email communications containing Confidential Information are sent through a secure process. This may include encryption of the email message, a secure mailbox controlled by City/Town, an encrypted point-to- point tunnel between the correspondents or use of Transport Layer Security (TLS) between correspondents. The acceptable encryption algorithms are set forth in the standards attached as Exhibit 1, which may be updated to accommodate changed technology. 2.7 Confidential Information may not be discussed in elevators, restrooms, the cafeteria, or other public areas. Terminals should be placed in such a manner that prohibits public viewing of Confidential Information. 2.8 When transporting confidential materials the materials should be covered so that others cannot see the Confidential Information. When sending Confidential Information by fax a cover sheet should always be used. 2.9 Any person with unsupervised access to Confidential Information shall receive training on the confidentiality laws and requirements to protect such information before being given access to such Information and annually thereafter. They must sign certificates after the training acknowledging that they understand their responsibilities. City/Town must keep records to document this training and certification. Amended Marana Regular Council Meeting 06/16/2015 Page 82 of 223 3. Disclosure of Information 3.1 Confidential Information may only be disclosed as permitted by A.R.S. § 42-2003. 3.2 Confidential Information is confidential by statute and, therefore, does not have to be disclosed in response to a public records request. A state agency may deny inspection of public records if the records are confidential by statute. Berry v. State, 145 Ariz. 12, 13 699 P.2d 387, 388 (App. 1985). 3.3 A taxpayer may designate a person to whom Confidential Information may be disclosed by completing a Department of Revenue Form 285, or such other form that contains the information included in the Form 285. City/Town may contact the Department of Revenue’s Disclosure Officer if there are any questions concerning this requirement. Disposal of Information 4.1 All removable media containing Confidential Information must be returned to the Department of Revenue or sanitized before disposal or release from the control of City/Town. 4.2 Confidential Information may be destroyed by shredding or burning the materials when no longer needed. Confidential Information may not be disposed of by placing the materials in the garbage or recycle bins. Destruction of Confidential Information may be performed by a third party vendor. City/Town must take appropriate actions to protect the Confidential Information in transit and storage before it is destroyed, such as periodic inspections of the vendor. 4.3 Computer system components and devices such as copiers and scanners that have been used to store or process Confidential Information may not be repurposed for non-tax administration uses unless the memory or hard drive of the device is sanitized to ensure under no circumstances Confidential Information can be restored or recovered. Amended Marana Regular Council Meeting 06/16/2015 Page 83 of 223 EXHIBIT 1 ENCRYPTION STANDARDS 1.0 Acceptable Encryption Algorithms – The following encryption algorithms are considered acceptable for use in information systems to protect the transmission or storage of Confidential Information and system access. 1.1.1 Acceptable Security Strength – the security strength of an encryption algorithm is a projection of the time frame during which the algorithm and the key length can be expected to provide adequate security. The security strength of encryption algorithms is measured in bits, a measure of the difficulty of discovering the key. a. The current minimum key strength for Confidential Information is 112 bits. 1.1.2 Symmetric Encryption Algorithms – The following symmetric encryption algorithms are considered acceptable for use. Algorithm Reference Acceptable Key Strengths Advanced Encryption Standard (AES) FIPS 197 128, 192 or 256 bits Triple Data EncryptionAlgorithm (TDEA) (three key 3DES) SP 800-67 168 bits 1.1.3 Key Agreement Schemes – The following key agreement schemes are considered acceptable for use Key Agreement Scheme Reference Acceptable Key Strengths Finite Fields Elliptical Curves Diffie-Hellman (DH) or MOV SP 800-56A SP 800-135 P = 2048 Q = 224 or 256 N: 224-255 and H=14 N: 256-383 and H=16 N: 384-511 and H=24 N: 512+ and H=32 RSA – based SP 800-131A N = 2048 1.1.4 Hash Functions – The following hash functions are considered acceptable for use Digital Signature Generation Digital Signature Verification Non-digital signature generation applications SHA-224 SHA-256 SHA-384 SHA-224 SHA-256 SHA-384 SHA-1 SHA-224 SHA-256 Amended Marana Regular Council Meeting 06/16/2015 Page 84 of 223 SHA-512 SHA-512 SHA-384 SHA-512 1.1.5 Digital Signature Algorithms – The following digital signature algorithms are considered acceptable for use. Digital Signature Algorithm FIPS Publication Digital Signature Generation Settings Digital Signature Verification Settings Relative Strengths Digital Signature Standard (DSA) FIPS 186-4 p>= 2048 q = 224 p>= 2048 q = 224 >= 112 bits RSA Digital Signature FIPS 186-4 2048 2048 >= 112 bits ECDSA FIPS 186-4 224 224 >= 112 bits 1.1.6 Message Signature Algorithms – The following digital signature algorithms are considered acceptable for use. Hash Algorithms Hash Generation Hash Verification HMAC >= 112 bits >= 112 bits CMAC AES, 3DES AES, 3DES CCM and GCM/GMAC AES AES Amended Marana Regular Council Meeting 06/16/2015 Page 85 of 223 APPENDIX B From the effective date of this Agreement until the new functionalities set forth below are implemented, the Department of Revenue will provide the following reports: City Payment Journal Detail; City Payment Journal Summary; New License Report Within 30 days after the first month’s implementation of the JT2, the Department of Revenue will provide a new License Report and License Update Report containing at least the following fields: NEW LICENSE REPORT AND LICENSE UPDATE REPORT Fields displayed: o Region Code o Run Date o Report Start Date o Report End Date o Update Date o ID Type o ID o Account ID o Entity Name o Ownership Type o License ID o OTO/Applied For indicator o Bankruptcy Indicator o Filing Frequency o Issue Date o Account Start Date o Business Start Date o Arizona Start Date o Doc Loc Nbr o Accounting Method o Close Date o Close Code o Business Description o NAICS1 o NAICS2 o NAICS3 o NAICS4 o Mailing Street1 o Mailing Street2 o Mailing Street3 o Mailing City Amended Marana Regular Council Meeting 06/16/2015 Page 86 of 223 o Mailing State o Mailing ZIP o Mailing Country o Mailing Phone Number o Mailing Address Add date o Mailing Address End Date o Audit Street1 o Audit Street 2 o Audit Street 3 o Audit City o Audit State o Audit Zip o Audit Country o Audit Phone Number o Audit Address Add Date o Audit Address End Date o Location Code o Business Codes o Location Name (DBA) o Number of Units o Location Street 1 o Location Street 2 o Location Street 3 o Location City o Location State o Location Zip o Location Country o Location Phone Number o Location Start Date o Location End Date o Primary Location Street 1 o Primary Location Street 2 o Primary Location Street 3 o Primary Location City o Primary Location State o Primary Location Zip Code o Primary Location Country o Primary Location Phone Number o Primary Location Start Date o Primary Location End Date o Owner Name o Owner Title o Owner Name 2 o Owner Title 2 o Owner Name 3 o Owner Title 3 Amended Marana Regular Council Meeting 06/16/2015 Page 87 of 223 Within 30 days of the implementation of the TPT2, the Department of Revenue will provide the following reports with at least the fields indicated below: CITY PAYMENT JOURNAL o Run Date o Report Start Date o Report End Date o GL Accounting Period o Period End Date o Payment received date o Return received date o Payment process date o Return process date o Filing Frequency o License ID o Entity Name o Location Code o Location Name (DBA) o Location Street 1 o Location Street 2 o Location Street 3 o Location City o Location State o Location Zip o Location Country o NAICS o Business Code o Doc Loc Nbr o Pmt Loc Nbr o Gross Receipts o Total Deductions o Tax or Fee Collected o P & I Collected o Audit Collections o Tran Type o Tran Subtype o Rev Type CITY PAYMENT JOURNAL SUMMARY o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Business Code o Number of Accounts Amended Marana Regular Council Meeting 06/16/2015 Page 88 of 223 o Collections Within 30 days after the first month’s implementation of the TPT2, the following reports with at least the fields indicated below: NO MONEY REPORT o Region Code o GL Accounting Period o Period End Date o Payment received date o Return received date o Payment process date o Return process date o Filing Frequency o License ID o Entity Name o Location Code o Location Name (DBA) o Location Street 1 o Location Street 2 o Location Street 3 o Location City o Location State o Location Zip o Location Country o NAICS o Business Code o Doc Loc Nbr o Pmt Loc Nbr o Gross Receipts o Total Deductions o Tax or Fee Collected o P & I Collected o Audit Collections o Tran Type o Tran Subtype DEDUCTION REPORT o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Period End Date o License ID o Entity Name Amended Marana Regular Council Meeting 06/16/2015 Page 89 of 223 o Location Code o Location Name (DBA) o Business Code o Doc Loc Nbr o Deduction Code o Deduction Amount o Tran Type o Tran Subtype o Rev Type Within 30 days after taxes (subject to fund distributions) are collected, the Department of Revenue will provide the following report with at least the fields indicated below: FUND DISTRIBUTION REPORT o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Period End Date o Payment Received Date o Return Received Date o Payment Processed Date o Return Processed Date o License ID o Entity Name o Location Code o Location Name (DBA) o Business Code o Doc Loc Nbr o Fund Allocation Code o Amount Distributed FUND DISTRIBUTION SUMMARY REPORT o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Fund Allocation Code o Amount Distributed Amended Marana Regular Council Meeting 06/16/2015 Page 90 of 223 FINALADOR 10196 (7/15) JT-2/UC-001 (7/15) IMPORTANT! Incomplete applications WILL NOT BE PROCESSED. • Please read form instructions while completing the application. Additional information and forms available at www.azdor.gov • Required information is designated with an asterisk (*). • Return completed application AND applicable license fee(s) to address shown at left. • For licensing questions regarding transaction privilege tax, call Taxpayer Information & Assistance: (602) 542-4576 License & Registration ARIZONA DEPARTMENT OF REVENUE PO BOX 29032Phoenix, AZ 85038-9032 SECTION A: Business Information 1* Federal Employer Identification No. or Social Security No. if sole proprietor without employees 2* License Type – Check all that apply:  Transaction Privilege Tax (TPT)  Withholding/Unemployment Tax (if hiring employees)  Use Tax  TPT for Cities ONLY 3* Type of Organization/Ownership – Tax exempt organizations must attach a copy of the Internal Revenue Service’s letter of determination.  Individual/Sole Proprietorship  Subchapter S Corporation  Government  Joint Venture  Corporation  Association  Estate  Receivership State of Inc.  Partnership  Trust Date of Inc. M M D D Y Y Y Y  Limited Liability Company  Limited Liability Partnership 4* Legal Business Name 5* Mailing Address – number and street City | State | ZIP Code | County/Region Country 6* Business Phone No. (with area code)7 Email Address 8 Fax Number (with area code) 9* Description of Business: Describe merchandise sold or taxable activity. 10* NAICS Codes: Available at www.azdor.gov 11 * Did you acquire or change the legal form of an existing business?  No  Yes  You must complete Section F. 12* Are you a construction contractor?  No  Yes (see bonding requirements) BONDING REQUIREMENTS: Prior to the issuance of a Transaction Privilege Tax license, new or out-of-state contractors are required to post a Taxpayer Bond for Contractors unless the contractor qualifies for an exemption from the bonding requirement. The primary type of contracting being performed determines the amount of bond to be posted. Bonds may also be required from applicants who are delinquent in paying Arizona taxes or have a history of delinquencies. Refer to the publication, Taxpayer Bonds, available online at www.azdor.gov or in Arizona Department of Revenue offices. WITHHOLDING LICENSE ONLY 13* Withholding Physical Location Number and street (Do not use PO Box, PMB or route numbers) City | State | ZIP Code | County/Region Country Continued on page 2  FOR AGENCY USE ONLY CASHIER’S STAMP ONLY. DO NOT MARK IN THIS AREA.  New  Change  Revise  Reopen ACCOUNT NUMBER DLN START TRANSACTION PRIVILEGE TAX S/E DATE WITHHOLDING / SSN / EIN COMPLETED DATE EMPLOYEE’S NAME LIABILITY LIABILITY ESTABLISHED You can file and pay for this application online at www.AZTaxes.gov. It is fast and secure. ARIZONA JOINT TAX APPLICATION (JT-2) Amended Marana Regular Council Meeting 06/16/2015 Page 91 of 223 FINALADOR 10196 (7/15) JT-2/UC-001 (7/15) ARIZONA JOINT TAX APPLICATION (JT-2) Name (as shown on page 1)FEIN or SSN (as shown on page 1) SECTION B: Identification of Owners, Partners, Corporate Officers Members/Managing Members or Officials of this Employing Unit If you need more space, attach Additional Owner, Partner, Corporate Officer(s) form available at www.azdor.gov. If the owner, partners, corporate officers or combination of partners or corporate officers, members and/or managing members own more than 50% of or control another business in Arizona, attach a list of the businesses, percentages owned and unemployment insurance account numbers or provide a Power of Attorney (Form 285) which must be filled out and signed by an authorized corporate officer.Owner 1*Social Security No. *Title *Last Name First Name Middle Intl. | | *Street Address *City *State * % Owned *ZIP Code *County *Phone Number (with area code)*Country Owner 2*Social Security No.*Title *Last Name First Name Middle Intl. | | *Street Address *City *State * % Owned *ZIP Code *County *Phone Number (with area code)*Country Owner 3*Social Security No.*Title *Last Name First Name Middle Intl. | | *Street Address *City *State * % Owned *ZIP Code *County *Phone Number (with area code)*Country SECTION C: Transaction Privilege Tax (TPT) 1* Date Business Started in Arizona M M D D Y Y Y Y 2* Date Sales Began M M D D Y Y Y Y 3 What is your anticipated annual income for your first twelve months of business? 4 Filing Frequency  Monthly  Quarterly  Seasonal  Annual If seasonal filer, check the months for which you intend to do business:  JAN  FEB  MAR  APR  MAY  JUN  JUL  AUG  SEP  OCT  NOV  DEC 5 Does your business sell tobacco products?  Yes   Retailer OR  Distributor 6 TPT Filing Method  Cash Receipts  Accrual 7 Does your business sell new motor vehicle tires or vehicles?  Yes  You will have to file Motor Vehicle Tire Fee form available at www.azdor.gov 8* Tax Records Physical Location – number and street (Do not use PO Box, PMB or route numbers) City State ZIP Code | | | County Country | 9* Name of Contact * Phone Number (with area code)Extension | SECTION D: Transaction Privilege Tax (TPT) Physical Location 1* Business Name, “Doing Business As” or Trade Name at this Physical Location 2* Physical Location of Business or Commercial/Residential Rental Number and street (Do not use PO Box, PMB or route numbers) City | State | ZIP Code | County/Region Country Residential Rental Only – Number of Units Reporting City (if different than the physical location city) 3* Additional County/Region Indian Reservation: County/Region and Indian Reservation Codes available at www.azdor.gov County/Region City Business Codes (Include all codes that apply): See instructions. Complete list available at www.azdor.gov State/ County City If you need more space, attach Additional Business Locations form available at www.azdor.gov Amended Marana Regular Council Meeting 06/16/2015 Page 92 of 223 FINALADOR 10196 (7/15) JT-2/UC-001 (7/15) ARIZONA JOINT TAX APPLICATION (JT-2) Name (as shown on page 1)FEIN or SSN (as shown on page 1) SECTION E: Withholding & Unemployment Tax Applicants 1* Regarding THIS application, Date Employees First Hired in Arizona M M D D Y Y Y Y 2 Are you liable for Federal Unemployment Tax?  Yes  First year of liability: YYYY 3 Are individuals performing services that are excluded from withholding or unemployment tax?  Yes  Describe services: 4 Do you have an IRS ruling that grants an exclusion from Federal Unemployment Tax?  Yes  Attach a copy of the Ruling Letter. 5 Do you have, or have you previously had, an Arizona unemployment tax number?  No Unemployment Tax Number:  Yes  Business Name: 6 First calendar quarter Arizona employees were/will be hired and paid (indicate quarter as 1, 2, 3, 4):Hired Year Hired Quarter Paid Year Paid Quarter YYYY Q YYYY Q 7 When did/will you first pay a total of $1,500 or more gross wages in a calendar quarter? (indicate quarter as 1, 2, 3, 4) Exceptions: $20,000 gross cash wages Agricultural: $1,000 gross cash wages Domestic/Household: not applicable to 501(c)(3) Non-Profit. Year Quarter YYYY Q 8 When did/will you first reach the 20th week of employing 1 or more individuals for some portion of a day in each of 20 different weeks in the same calendar year? (indicate quarter as 1, 2, 3, 4) Exceptions: 10 or more individuals Agricultural; 4 or more individuals 501(c)(3) Non-Profit; not applicable to Domestic/Household. Year Quarter YYYY Q SECTION F: Acquired Business Information If you answered “Yes” to Section A, question 11, you must complete Section F. 1* Did you acquire or change all or part of an existing business?  All  Part 2* Date of Acquisition M M D D Y Y Y Y 3* EIN of Business Under Previous Owner 4* Previous Owner’s Telephone Number 5* Name of Business Under Previous Owner 6* Name of Previous Owner 7* Did you change the legal form of all or part of the Arizona operations of your existing business? (e.g., change from sole proprietor to corporation or etc.)  All  Part 8* Date of Change M M D D Y Y Y Y 9* EIN of Previous Legal Form SECTION G: AZTaxes.gov Security Administrator (authorized users) By electing to register for www.AZTaxes.gov, you can have online access to account information, file and pay Arizona transaction privilege, use, and withholding taxes. You may also designate authorized users to access these services. Please provide the name of the authorized user for AZTaxes.gov. Name of Authorized User Title Email Address Phone Number (with area code) SECTION H: Required Signatures This application must be signed by either a sole owner, at least two partners, managing member or corporate officer legally responsible for the business, trustee or receiver or representative of an estate that has been listed in Section B. Under penalty of perjury I (we), the applicant, declare that the information provided on this application is true and correct. I (we) hereby authorize the security administrator, if one is listed in Section G, to access the AZTaxes.gov site for the business identified in Section A. This authority is to remain in full force and effect until the Arizona Department of Revenue has received written termination notification from an authorized officer. 1 Print or Type Name 2 Print or Type Name Title Title Date Date Signature Signature This application must be completed, signed, and returned as provided by A.R.S. § 23-722. Equal Opportunity Employer/Program This application available in alternative formats at Unemployment Insurance Tax Office. PLEASE COMPLETE SECTION I: STATE/COUNTY & CITY LICENSE FEE WORKSHEET TO CALCULATE AND REMIT TOTAL AMOUNT DUE WITH THIS APPLICATION. Amended Marana Regular Council Meeting 06/16/2015 Page 93 of 223 FINALADOR 10196 (7/15) JT-2/UC-001 (7/15) ARIZONA JOINT TAX APPLICATION (JT-2) Name (as shown on page 1)FEIN or SSN (as shown on page 1) SECTION I: State/County & City License Fee Worksheet ALL FEES ARE SUBJECT TO CHANGE. Check for updates at azdor.gov. To calculate CITY FEE: Multiply No. of Locations by the License Fee and enter sum in License Subtotal. City/Town Code No. of Loc’s License Fee License Subtotal City/Town Code No. of Loc’s License Fee License Subtotal City/Town Code No. of Loc’s License Fee License Subtotal Apache Junction AJ $50.00 Goodyear GY $5.00 Sahuarita SA $5.00 Avondale AV $40.00 Guadalupe GU $2.00 San Luis SU $2.00 Benson BS $5.00 Hayden HY $5.00 Scottsdale SC $50.00 Bisbee BB $1.00 Holbrook HB $1.00 Sedona SE $2.00 Buckeye BE $2.00 Huachuca City HC $2.00 Show Low SL $2.00 Bullhead City BH $2.00 Jerome JO $2.00 Sierra Vista SR $1.00 Camp Verde CE $2.00 Kearny KN $2.00 Snowflake SN $2.00 Carefree CA $10.00 Kingman KM $2.00 Somerton SO $2.00 Casa Grande CG $2.00 Lake Havasu LH $5.00 South Tucson ST $2.00 Cave Creek CK $20.00 Litchfield Park LP $2.00 Springerville SV $5.00 Chandler CH $50.00 Mammoth MH $2.00 St. Johns SJ $2.00 Chino Valley CV $2.00 Marana MA $5.00 Star Valley SY $2.00 Clarkdale CD $2.00 Maricopa MP $2.00 Superior SI $2.00 Clifton CF $2.00 Mesa ME $30.00 Surprise SP $10.00 Colorado City CC $2.00 Miami MM $2.00 Taylor TL $2.00 Coolidge CL $2.00 Nogales NO $25.00 Tempe TE $50.00 Cottonwood CW $2.00 Oro Valley OR $12.00 Thatcher TC $2.00 Dewey/Humboldt DH $2.00 Page PG $2.00 Tolleson TN $2.00 Douglas DL $5.00 Paradise Valley PV $2.00 Tombstone TS $1.00 Duncan DC $2.00 Parker PK $2.00 Tucson TU $45.00 Eagar EG $10.00 Patagonia PA $25.00 Tusayan TY $2.00 El Mirage EM $15.00 Payson PS $2.00 Wellton WT $2.00 Eloy EL $10.00 Peoria PE $50.00 Wickenburg WB $2.00 Flagstaff FS $46.00 Phoenix PX $50.00 Willcox WC $25.00 Florence FL $2.00 Pima PM $2.00 Williams WL $2.00 Fountain Hills FH $2.00 Pinetop/Lakeside PP $2.00 Winkelman WM $2.00 Fredonia FD $10.00 Prescott PR $25.00 Winslow WS $10.00 Gila Bend GI $2.00 Prescott Valley PL $2.00 Youngtown YT $10.00 Gilbert GB $2.00 Quartzsite QZ $2.00 Yuma YM $2.00 Glendale GE 50.00 Queen Creek QC $2.00 Globe GL $2.00 Safford SF $2.00 Subtotal City License Fees (column 1)$Subtotal City License Fees (column 2)$Subtotal City License Fees (column 3)$ AA TOTAL City License Fee(s) (column 1 + 2 + 3) ..........................................................................................................................$ No. of Loc’s Fee per Location TOTAL BB TOTAL State License Fee(s): Calculate by multiplying number of business locations by $12.00 $12.00 $ Residential Rental License Fees - Multiply the number of units per locations by $2.00 ($50.00 Annual Cap per license). No. of Units No. of Loc’s City Fee Residential Rental License-Chandler $ONLY CHANDLER, PHOENIX, and SCOTTSDALE need to use this section, and NOT the fee chart above, to calculate license fee(s). The amount for each city CANNOT EXCEED $50.00 Residential Rental License-Phoenix $ Residential Rental License-Scottsdale $ CC TOTAL City Residential Rental License Fees (Add Chandler, Phoenix, & Scottsdale) .............................................................$ DD TOTAL DUE (Add lines AA + BB + CC) ......................................................................................................................................$ • Make check payable to Arizona Department of Revenue. • Include FEIN or SSN on payment. • Do not send cash. • License will not be issued without full payment of fee. Amended Marana Regular Council Meeting 06/16/2015 Page 94 of 223 FINALADOR 10872 (5/15) TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX RETURN - (TPT-2) Arizona Department of Revenue PO Box 29010 - Phoenix, AZ 85038-9010For assistance out of state or in the Phoenix area: (602) 255-2060 orStatewide, toll free area codes 520 and 928: (800) 843-7196 TAXPAYER INFORMATION AMENDED RETURN  FINAL RETURN  CHECK HERE AND SIGN BELOW IF YOU (Cancel License) HAVE NO GROSS RECEIPTS TO REPORT BUSINESS NAME C/O MAILING ADDRESS CITY STATE ZIP CODE  ADDRESS CHANGED (MAILING ADDRESS ONLY)BUSINESS PHONE NUMBER TPT-2 return is due the 20th day of the month following the month in which the transactions were conducted TAXPAYER IDENTIFICATION NUMBER  SSN  EIN LICENSE NUMBER PERIOD BEGINNING M D D Y Y Y YM PERIOD ENDING M D D Y Y Y YM REVENUE USE ONLY. DO NOT MARK IN THIS AREA POSTMARK DATE RECEIVED DATE Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. TAXPAYER PRINTED NAME  The taxpayer designates the individual listed below as the person to contact to schedule an audit of this return and authorize the disclosure of confidential information to this individual. TAXPAYER SIGNATURE DATE PAID PREPARER’S SIGNATURE (OTHER THAN TAXPAYER) TAXPAYER PHONE NO. TITLE PAID PREPARER’S TIN PAID PREPARER’S PHONE NO. PLEASE MAKE CHECK PAYABLE TO ARIZONA DEPARTMENT OF REVENUE NOTE: A TRANSACTION DETAIL PAGE IS REQUIRED OR THE RETURN WILL NOT PROCESS CORRECTLY AND PENALTIES MAY APPLY. PAGE 1 OF AA NET AZ/COUNTY TAX (PAGE 2, LINE MM, COLUMN (M)) ............................................................................................................................................................................................................ BB NET CITY TAX (PAGE 3, LINE RR, COLUMN (M)) ......................................................................................................................................................................................................................... CC NET TAX DUE ON THIS RETURN (LINE AA + LINE BB = LINE CC) ............................................................................................................................................................................................. DD TPT ESTIMATED PAYMENTS TO BE USED ON THIS RETURN (JUNE RETURN ONLY, DUE IN JULY) .................................................................................................................................... EE TAX DUE NET OF TPT ESTIMATED PAYMENTS (LINE CC - LINE DD = LINE EE) ...................................................................................................................................................................... FF TOTAL AMOUNT REMITTED WITH THIS RETURN........................................................................................................................................................................................................................$ Amended Marana Regular Council Meeting 06/16/2015 Page 95 of 223 FINALADOR 10872 (5/15) PAGE 2 OF TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX RETURN - (TPT-2) LICENSE NUMBER: STATE (AZ) /COUNTY TRANSACTION DETAIL (See Table 1 on the Tax Rate Table, www.azdor.gov) (A) (B) REG. CODE (C) NAME OF REGION (D) BUS. CODE (E) DESC. OF BUS. ACTIVITY (F) GROSS RECEIPTS (G) DEDUCTIONS FROM SCHEDULE A (H) (F) - (G) = (H) NET TAXABLE (I) AZ / COUNTY TAX RATE (J) (H) X (I) = (J) TOTAL TAX (K) ACCTNG CREDIT RATE (L) (H) X (K) = (L) ACCOUNTING CREDIT (M) (J) - (L) = (M) AZ/COUNTY TAX DUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GG SUBTOTAL .......................................................................... HH TOTALS FROM ADDITIONAL AZ/COUNTY PAGE(S) ....... II TOTAL (LINE GG + LINE HH = LINE II) .............................. JJ EXCESS TAX COLLECTED .............................................................................................................................................................................................................................................................................................. KK EXCESS TAX ACCOUNTING CREDIT: (SEE INSTRUCTIONS) ..................................................................................................................................................................................................................................... LL NET AZ/COUNTY EXCESS TAX COLLECTED (LINE JJ, COLUMN (M) - LINE KK, COLUMN (M)) ............................................................................................................................................................................. MM NET AZ/COUNTY TAX (LINE II, COLUMN (M) + LINE LL, COLUMN (M)) ...................................................................................................................................................................................................................... Amended Marana Regular Council Meeting 06/16/2015 Page 96 of 223 FINALADOR 10872 (5/15) PAGE 3 OF TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX RETURN - (TPT-2) LICENSE NUMBER: CITY TRANSACTION DETAIL (See Table 2 on the Tax Rate Table, www.azdor.gov) (A) LOC. CODE (B) CITY CODE (C) NAME OF CITY (D) BUS. CODE (E) DESC. OF BUS. ACTIVITY (F) GROSS RECEIPTS (G) DEDUCTIONS FROM SCHEDULE A (H) (F) - (G) = (H) NET TAXABLE (I) CITY TAX RATE (J) (H) X (I) = (J) TOTAL TAX (K) (L) CITY CREDIT (M) (J) - (L) = (M) CITY TAX DUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NN CITY SUBTOTAL .................................................................................. OO CITY SUBTOTALS FROM ADDITIONAL CITY PAGE(S) .................... PP CITY TOTAL (LINE NN + LINE OO = LINE PP) ................................... QQ CITY EXCESS TAX COLLECTED ..................................................................................................................................................................................................................................................................................... RR NET CITY TAX (LINE PP, COLUMN (M) + LINE QQ, COLUMN (M)) ............................................................................................................................................................................................................................... Amended Marana Regular Council Meeting 06/16/2015 Page 97 of 223 FINALADOR 10872 (5/15) TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX RETURN - (TPT-2) LICENSE NUMBER: PAGE 2A OF ADDITIONAL TRANSACTIONS STATE (AZ) /COUNTY TRANSACTION DETAIL (See Table 1 on the Tax Rate Table, www.azdor.gov) (A) (B) REG. CODE (C) NAME OF REGION (D) BUS. CODE (E) DESC. OF BUS. ACTIVITY (F) GROSS RECEIPTS (G) DEDUCTIONS FROM SCHEDULE A (H) (F) - (G) = (H) NET TAXABLE (I) AZ / COUNTY TAX RATE (J) (H) X (I) = (J) TOTAL TAX (K) ACCTNG CREDIT RATE (L) (H) X (K) = (L) ACCOUNTING CREDIT (M) (J) - (L) = (M) AZ/COUNTY TAX DUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AZ/COUNTY SUBTOTAL ..................................................$$$$ ADD SUBTOTALS OF AZ/COUNTY ADDITIONAL TRANSACTIONS TO THE 2ND PAGE OF RETURN Amended Marana Regular Council Meeting 06/16/2015 Page 98 of 223 FINALADOR 10872 (5/15) TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX RETURN - (TPT-2) LICENSE NUMBER: PAGE 3A OF ADDITIONAL TRANSACTIONS CITY TRANSACTION DETAIL (See Table 2 on the Tax Rate Table, www.azdor.gov) (A) LOC. CODE (B) CITY CODE (C) NAME OF CITY (D) BUS. CODE (E) DESC. OF BUS. ACTIVITY (F) GROSS RECEIPTS (G) DEDUCTIONS FROM SCHEDULE A (H) (F) - (G) = (H) NET TAXABLE (I) CITY TAX RATE (J) (H) X (I) = (J) TOTAL TAX (K) (L) CITY CREDIT (M) (J) - (L) = (M) CITY TAX DUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY SUBTOTAL ..................................................................................$$$ $ ADD SUBTOTALS OF CITY ADDITIONAL TRANSACTIONS TO THE 3RD PAGE OF RETURN Amended Marana Regular Council Meeting 06/16/2015 Page 99 of 223 FINALADOR 10872 (5/15) TPT-2 – SCHEDULE A DEDUCTIONS – STATE/COUNTY LICENSE NUMBER: Page of TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX STATE (AZ) /COUNTY DEDUCTIONS DETAIL (A)(B) REGION CODE (C) BUSINESS CODE (D) DEDUCTION CODE (E) DEDUCTION AMOUNT (F) DESCRIPTION OF DEDUCTION CODE 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $ 11 $ 12 $ 13 $ 14 $ 15 $ 16 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 $ 29 $ 30 $ 31 $ 32 $ 33 $ 34 $ 35 $ AA SUBTOTAL OF DEDUCTIONS ...............................................................$ BB DEDUCTION TOTALS FROM ADDITIONAL AZ/COUNTY PAGE(S) ...$ CC TOTAL DEDUCTIONS (LINE AA + LINE BB = LINE CC) ......................$ TOTAL MUST EQUAL TOTAL ON PAGE 2, LINE II, COLUMN GAmended Marana Regular Council Meeting 06/16/2015 Page 100 of 223 FINALADOR 10872 (5/15) TPT-2 – SCHEDULE A DEDUCTIONS – CITY LICENSE NUMBER: Page of TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX CITY DEDUCTIONS DETAIL (A) LOCATION CODE (B) CITY CODE (C) BUSINESS CODE (D) DEDUCTION CODE (E) DEDUCTION AMOUNT (F) DESCRIPTION OF DEDUCTION CODE 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $ 11 $ 12 $ 13 $ 14 $ 15 $ 16 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 $ 29 $ 30 $ 31 $ 32 $ 33 $ 34 $ 35 $ AA SUBTOTAL OF DEDUCTIONS ...............................................................$ BB DEDUCTION TOTALS FROM ADDITIONAL CITY PAGE(S) .................$ CC TOTAL DEDUCTIONS (LINE AA + LINE BB = LINE CC) ......................$ TOTAL MUST EQUAL TOTAL ON PAGE 3, LINE PP, COLUMN GAmended Marana Regular Council Meeting 06/16/2015 Page 101 of 223  Item   C 6            To:Mayor and Council From:Laine Sklar, Senior Assistant Town Attorney Date:June 16, 2015 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2015-062: Relating to the Police Department; exempting undercover vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles to be used in felony investigations or activities of a confidential nature (Terry Rozema) Discussion: State law (A.R.S. §38-538) provides that all vehicles used by a political subdivision for official use must bear the name of the political subdivision and the words "for official use only." However, A.R.S. §38-538.03 allows the governing body of a political subdivision to exempt official vehicles that are used for felony investigations or activities of a confidential nature from these requirements. Undercover police vehicles may be exempted under this provision. Per the statute, the Council may grant the exemption for only one year at a time.This agenda item will grant the exemption from the provisions of A.R.S. §38-538 to the Marana Police Department's undercover police vehicles for the upcoming year. The item also authorizes the Chief of Police to take all necessary action to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for any new undercover police vehicles. Staff Recommendation: Staff recommends that Council exempt the undercover police vehicles from state laws regarding the designation of official vehicles and authorize the Chief of Police to obtain the necessary vehicle registrations. Suggested Motion: Amended Marana Regular Council Meeting 06/16/2015 Page 102 of 223 I move to adopt Resolution No. 2015-062, exempting the Marana Police Department's undercover police vehicles from Arizona state laws related to the designation of political subdivision motor vehicles and authorizing the Chief of Police to renew existing vehicle registrations for undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles. Attachments: Resolution No. 2015-062 Amended Marana Regular Council Meeting 06/16/2015 Page 103 of 223 Marana Resolution 2015-062 MARANA RESOLUTION NO. 2015-062 RELATING TO THE POLICE DEPARTMENT; EXEMPTING UNDERCOVER VEHICLES USED BY THE MARANA POLICE DEPARTMENT IN FELONY INVESTIGATIONS OR AC- TIVITIES OF A CONFIDENTIAL NATURE FROM ARIZONA STATE LAWS RELATED TO THE DESIGNATION OF POLITICAL SUBDIVISION MOTOR VEHICLES; AUTHORIZING THE CHIEF OF POLICE TO RENEW EXISTING VEHICLE REGISTRATIONS FOR THESE UNDERCOVER POLICE VEHICLES AND TO OBTAIN VEHICLE REGISTRATIONS FOR NEW UNDERCOVER POLICE VEHICLESTO BE USED IN FELONY INVESTIGATIONS OR ACTIVITIES OF A CONFIDENTIAL NATURE WHEREAS A.R.S. § 38-538.03 provides that the governing body of a political subdivision may grant anexemptionfor not more than one yearfrom Arizona state law regulating the designation of political subdivision motor vehicles for motor vehicles used in felony investigations or activities of a confidential nature; and WHEREAS the Town of MaranaPolice Department usesa number of undercover police ve- hicles in felony investigations and in activities of a confidential nature and maintains a list of those vehicles, which list includes the year, make, model and identification number of each vehicle; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to exempt these vehicles from state laws regulating the designation of political subdivision motor vehicles. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby exempts the undercover motor vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from state laws regulating the designation of political subdivision motor vehicles for a period of one year. Amended Marana Regular Council Meeting 06/16/2015 Page 104 of 223 Marana Resolution 2015-062 SECTION 2. The Chief of Police is hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this reso- lution, including maintaining a list of the vehicles in question, which list shall include the year, make, model and identification number of each vehicle,and renewingexistingvehicle registrations for Marana Police Department undercover vehiclesused in felony investigations and in activities of a confidential natureand obtaining vehicle registrations for new Marana Police Department undercov- er vehicles to be used in these activities. PASSED,ADOPTED, and APPROVEDby the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. ______________________________ Mayor Ed Honea ATTEST:APPROVED AS TO FORM: ____________________________________________________________ Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 105 of 223  Item   C 7            To:Mayor and Council From:Frank Cassidy, Town Attorney Date:June 16, 2015 Strategic Plan Focus Area: Not Applicable Subject:"ADDED LATE" Resolution No. 2015-066 : Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between and among Pima County, the City of Tucson, and the Town of Marana for the design and construction of the Silverbell Roadway Overlay Project; and superseding Marana Resolution No. 2015-053 (Frank Cassidy) Discussion: The Town Council approved the Silverbell overlay IGA by its adoption of Resolution 2015-053 on May 19. The City of Tucson approved an earlier and slightly different version of the IGA at its June 9 City Council meeting. The fastest way to get this project moving is for the Town to approve the form of agreement approved by the City of Tucson. Marana Resolution 2015-053 and the version of the IGA it approved are included with the backup material, along with a redline comparison draft showing the differences between the versions. The most substantive difference is the dollar amount of the parties' contributions, which were based on the engineer's estimate. The project has now been bid out, and the bid price is 17% lower than the engineer's estimate, and lower than the amount reflected in either of the versions of the Silverbell IGA. As a consequence, approval of this different version of the IGA has no additional financial effect. Staff Recommendation: Staff recommends adoption of Marana Resolution 2015-066, approving a modified version of the Silverbell overlay IGA and superseding Marana Resolution 2015-053. Suggested Motion: I move to adopt Marana Resolution 2015-066, approving a modified version of the Silverbell Amended Marana Regular Council Meeting 06/16/2015 Page 106 of 223 I move to adopt Marana Resolution 2015-066, approving a modified version of the Silverbell overlay IGA and superseding Marana Resolution 2015-053. Attachments: Resolution 2015-066 Exhibit A to Resolution Silverbell Overlay IGA PC Draft Backup Resolution 2015-053 Amended Marana Regular Council Meeting 06/16/2015 Page 107 of 223 {00042192.DOCX /} Resolution No. 2015-066 6/15/2015 11:22 AM FJC MARANA RESOLUTION NO. 2015-066 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG PIMA COUNTY, THE CITY OF TUCSON, AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF THE SILVERBELL ROADWAY OVERLAY PROJECT; AND SUPERSEDING MARANA RESOLUTION NO. 2015-053 WHEREAS Pima County, the City of Tucson, and the Town of Marana wish to cooperate in the design and construction of roadway improvements for the Silverbell Overlay Project, which traverses all three jurisdictions; and WHEREAS the Town Council approved a slightly different version of this intergovernmental agreement by the May 19, 2015 adoption of Marana Resolution No. 2015-053, but approval of this revised version is necessary to conform to the version adopted by the other entities; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution to coordinate and cooperatively fund and build these road improvements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between and among Pima County, the City of Tucson, and the Town of Marana for the design and construction of the Silverbell Roadway Overlay Project attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that Marana Resolution No. 2015-053, adopted on May 19, 2015, is superseded and replaced by this resolution. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 108 of 223 Silverbell Overlay DRAFT 3/5/15 1 Intergovernmental Agreement between Pima County, City of Tucson, And Town of Marana For the Design and Construction of the Silverbell Roadway Overlay Project This Intergovernmental Agreement (“Agreement”) is entered into by Pima County, a political subdivision and body politic of the State of Arizona; the City of Tucson, a municipal corporation of the State of Arizona; and the Town of Marana, a municipal corporation of the State of Arizona (collectively, “the Parties”); pursuant to Arizona Revised Statutes A.R.S. Section 11-952. Recitals A. Pima County (“County”) is authorized by A.R.S. § 11-251(4) to lay out, maintain, control, and manage public roads within Pima County. B. The City of Tucson (“City”) and Town of Marana (“Town”) are authorized by A.R.S. § 9-276 to lay out and establish, regulate the use, open, vacate, alter, widen, extend, grade, pave, plant trees or otherwise improve streets, alleys, avenues, sidewalks, parks, public grounds and off-street parking sites and acquire any property necessary or convenient for that purpose by the exercise of the right of eminent domain. C. The Parties wish to cooperate in the design and construction of roadway improvements for the Silverbell Overlay Project (“the Project.”) D. The Parties find it necessary to enter into an intergovernmental agreement for the purpose of funding the design and construction of the Project. NOW THEREFORE; the Parties, pursuant to the above and in consideration of the matters and things thereafter set forth, do mutually agree as follows: Amended Marana Regular Council Meeting 06/16/2015 Page 109 of 223 Silverbell Overlay DRAFT 3/5/15 2 AGREEMENT 1. Purpose.The purpose of this Agreement is to set forth the responsibilities of the Parties for the design and construction of the Project. 2. Project.The Project consists of the design and construction of a two-inch asphalt overlay on Silverbell Road from Goret Road to Ina Road, as more fully described in the attached Exhibit A. The County shall be responsible for the design and development activities, including environmental clearances (collectively, “Design”); and for the advertisement, award, execution, and administration of the construction element for the Project (collectively, “Construction”). The County will advertise and start Project activities prior to June 30, 2015 and thereafter diligently pursue the Project to completion. The City and Town will be responsible for reimbursing the County for their respective shares of the cost of Construction according to the terms set forth in this Agreement. 3. Costs, Funding and Payment. a. The engineer’s estimate of cost of Construction is approximately $1,416,000. The City shall pay to the County part of the actual cost of Construction that is performed within the City’s jurisdiction (“City Contribution”), currently estimated to be approximately $863,000.00. The City’s payment is to occur within one year of the execution of this Agreement. If the City does not pay the City Contribution in full within that period, the City will be liable for interest on the overdue amount at a rate of 8% per annum from the date due until paid. The Town shall pay to the County the actual cost of Construction that is performed within the Town’s jurisdiction (“Town Contribution”), currently estimated to be approximately $232,000. The County will invoice the Town for the Town Contribution at the completion of the Project. The Town must pay the Town Contribution to the County within 60 days after receipt of the invoice. If the Town does not pay the Town Contribution in full within that period, the Town will be liable for interest on the overdue amount at a rate of 8% per annum from the date due until paid. The County will be responsible for Construction that is performed within unincorporated Pima County (“County Contribution”), currently estimated to be approximately $321,000. b. The Parties acknowledge that construction bids could come in higher or lower than the engineer’s estimate, and that change orders executed during Construction could increase the cost over the amount of the accepted bid. If the bid that the County wishes to accept would cause the total cost of Construction to exceed the engineer’s estimate by more than 15%, the County will inform the City and Town. If any party notifies the other parties, within 10 days thereafter, that any entity cannot cover its share of the increased cost, the Parties will promptly discuss whether to cancel the Project, value-engineer the Project to lower the cost (if feasible), or alter their respective contributions. The Parties will, in that event, proceed as agreed upon at that time and will, if appropriate, amend this Agreement in writing. If neither the City nor the Town notifies the County in a timely manner, as provided in this paragraph, the Amended Marana Regular Council Meeting 06/16/2015 Page 110 of 223 Silverbell Overlay DRAFT 3/5/15 3 County may proceed with award and execution of the contract and each party will be liable for its share of the cost as set forth in subsection (a) above. The County will notify the City and Town if, during construction, change orders cause the Construction cost to increase by more than 10%. 4. Permits. Both the City and Town shall grant the County and its Contractors right of way use permits allowing full accessibility to perform the work as described. These permits shall be granted at no cost to the Project. 5. Changes. As lead agency for the Project, the County will have responsibility for Project oversight and administration of the construction contract. This includes responsibility for verification of quantities, quality of workmanship, contract change orders, and Project modifications as necessary. The County will exercise due diligence to consult with the City and Town on items and issues as they arise so that all Parties have ample opportunity to provide input. In the event that there is a disagreement over any Project elements, the County will retain the final decision making authority. 6. Ownership of Improvements.Upon completion of the Project, the County, City, and Town shall remain vested with title to the portions of the improvements falling within their respective geographical jurisdictions as designed pursuant to this Agreement,and shall be responsible for the continued operation and maintenance of same. 7. Effective Date and Term a. This Agreement shall be effective on the date of signature by the Chair of the County Board of Supervisors. b.This Agreement shall remain in effect through completion of the Project and completion of all payments required under this Agreement. 8. Legal Jurisdiction.Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of County, City, or Town. 9. No Joint Venture.It is not intended by this Agreement to, and nothing contained in this Agreement shall, be construed to create any partnership, joint venture or employer-employee relationship between County, City, and Town. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party as a result of this Agreement, including (without limitation) any party's obligation to withhold Social Security and income taxes for itself or its employees. 10. No Third Party Beneficiaries.This Agreement shall not create any right to any person or entity as a third party beneficiary. 11. Compliance with Laws.The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated Amended Marana Regular Council Meeting 06/16/2015 Page 111 of 223 Silverbell Overlay DRAFT 3/5/15 4 within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the Parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. a.Anti-Discrimination. The provisions of A.R.S. ' 41-1463 and Executive Order Number 99-4, as modified by Executive Order Number 2009-9,issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b.Americans with Disabilities Act.This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 12. Force Majeure.A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term uncontrollable forces shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to floods, earthquakes, acts of God, or orders of any regulatory government officer or court (excluding orders promulgated by the Parties themselves), which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 13. Waiver.Waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 14. Termination. a. For cause. A party may terminate this Agreement for material breach of the Agreement by any other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other parties of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, any other party may terminate this Agreement. Any such termination shall not relieve any party from liabilities or costs already incurred under this Agreement. b. A.R.S. ' 38-511. This Agreement may be terminated subject to the provisions of A.R.S. ' 38-511. c. Non-appropriation. It is acknowledged that, notwithstanding any other provision contained herein, this Agreement may be terminated if for any reason the Pima County Board of Supervisors, the City of Tucson Mayor and Council, or the Town of Marana Mayor and Council fails to appropriate sufficient monies for the Amended Marana Regular Council Meeting 06/16/2015 Page 112 of 223 Silverbell Overlay DRAFT 3/5/15 5 purpose of maintaining this Agreement. In the event of such cancellation, County, City, and Town shall have no further obligation to each other, other than for payment for services rendered prior to such termination. d. Ownership of property upon termination.Any termination of this Intergovernmental Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the Project constructed pursuant to this Agreement. 15. Indemnification. a.Mutual Indemnity.To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other parties, their governing boards or bodies, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney’s, consultant’s and accountant’s fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. b.Notice.Each party shall notify the others in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Article. Each party shall keep the other parties informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. c.Negligence of indemnified party. The obligations under this Article shall not extend to the negligence of an indemnified party, its agents or employees. d.Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. 16. Insurance.Each party warrants that it maintains self-insurance or other insurance covering that party’s liability regarding the Project. 17. Books and Records.Each party shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. All design and construction drawings, records, documentation and correspondence shall be the property of the County at the completion of the Project. Within six months after acceptance of the Project by the City and Town, the County shall provide, at no cost to the City and Town, As-Built original drawings of the Project. 18. Inspection and Audit of Records.The appropriate designated representatives of any party Amended Marana Regular Council Meeting 06/16/2015 Page 113 of 223 Silverbell Overlay DRAFT 3/5/15 6 may perform any inspection of the Project or reasonable audit of any books or records of any other party to satisfy itself that the monies on the Project have been spent and the Project operated and maintained in accordance with this Agreement. 19. Severability.In the event that any provision of the Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this extent the provisions of the Agreement are severable. 20. Notification.All notices or demands upon any party to this Agreement shall be in writing, unless other forms are specifically authorized by this Agreement, and shall be delivered in person or sent by mail addressed as follows: Town of Marana: Ryan Benavides, Director Department of Public Works 11555 West Civic Center Drive Marana, Arizona 85653-7006 City of Tucson: Daryl Cole, Director Department of Transportation 201 N. Stone Ave., 6th Floor Tucson, Arizona 85701 Pima County: Priscilla Cornelio, Director Pima County Department of Transportation 201 N. Stone, 4th Floor Tucson, Arizona 85701 Notices shall be deemed delivered and received on the date of delivery, if delivered in person, or on the third business day after mailing, if delivered by any form of mail. Any party may, by written notice to the other parties, designate another address or person for receipt of notices under this Agreement. In Witness Whereof, the City has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and Council and attested to by the City Clerk; the Town has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and Council and attested to by the Town Clerk; and the County has caused this Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board. Amended Marana Regular Council Meeting 06/16/2015 Page 114 of 223 Silverbell Overlay DRAFT 3/5/15 7 THEREFORE, the parties hereto have entered into this Agreement this day of , 2015. PIMA COUNTY: Chair, Board of Supervisors ATTEST: Clerk of the Board CITY OF TUCSON: Mayor of Tucson ATTEST: City Clerk TOWN OF MARANA: Mayor of Marana ATTEST: Town Clerk Amended Marana Regular Council Meeting 06/16/2015 Page 115 of 223 Silverbell Overlay DRAFT 3/5/15 8 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County, the City of Tucson, and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County: Deputy County Attorney Tucson: Assistant City Attorney Marana: Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 116 of 223 Silverbell Overlay DRAFT 3/5/15 9 Exhibit A In general, the project consists of the design and construction of a two-inch asphalt overlay of the existing Silverbell roadway from Goret Road to Ina Road. The specific activities for each section are as follows: Segment 1; Goret to the vicinity of Tucson City limits (including the small County portion at the vicinity of Sweetwater Drive) Mill and replace two inches of existing roadway. Crack sealing of the milled surface in order to seal larger cracks (greater than 1 ½ inches) will be included. The intersection of Silverbell and Camino del Cerro is excluded from this work. Segment 2; Vicinity of Tucson City limits to approximately 100 feet north of existing Sunset Road Place fog seal coating over the existing paved surface. Segment 3; Approximately 100 feet north of existing Sunset Road to approximately 1,000 feet south of Ina Road Place two inches of asphalt over existing roadway. Paving limits: The paving edge limits shall not extend past the edges of existing asphalt roadway. No shoulder improvements, turnouts or any other activities outside of the existing paved surfaces will be included. Intersections and cross streets For existing dirt side streets, no paving or improvement activities will be performed as part of this project. For existing paved side streets, the work will consist of a taper mill to match existing pavement. Striping: All temporary and final striping activities will be included in the project bid packages and documents. The County will be responsible for working with the project contractor to verify transitions, tapers, passing areas, etc. All striping and pavement marking in the County and Town of Marana will in accordance with PCDOT standards. All striping and pavement marking in the City of Tucson jurisdiction will in accordance with City of Tucson DOT standards. Traffic Control: All traffic control items, elements and configurations will be in accordance with PCDOT standards and guidelines. In addition, any Contractor requests for night work, or road closures that improve productivity and/or efficiency, will be reviewed and evaluated by all parties. Amended Marana Regular Council Meeting 06/16/2015 Page 117 of 223 Silverbell Overlay DRAFT 3/5/15 10 The approximate lengths for each agency are as follows: City: 3.16 miles Town: 1.15 miles County: 2.04 miles Public Notification: The City and Town shall each designate a person(s) responsible for disseminating all related project information within their respective organizations. The County will ensure that all project information and activities is shared with this individual(s) with adequate advance notice. Amended Marana Regular Council Meeting 06/16/2015 Page 118 of 223 Silverbell Overlay Final 4/8/15 1 Silverbell Overlay DRAFT 3/5/15 1 Intergovernmental Agreement between Pima County, City of Tucson, And Town of Marana For the Design and Construction of the Silverbell Roadway Overlay Project This Intergovernmental Agreement (“Agreement”) is entered into by Pima County, a political subdivision and body politic of the State of Arizona; the City of Tucson, a municipal corporation of the State of Arizona; and the Town of Marana, a municipal corporation of the State of Arizona (collectively, “the Parties”); pursuant to Arizona Revised Statutes section A.R.S. §Section 11-952. Recitals A. Pima County (“County”) is authorized by A.R.S. § 11-251(4) to lay out, maintain, control, and manage public roads within Pima County. B. The City of Tucson (“City”) isand Town of Marana (“Town”) are authorized by A.R.S. § 9--276 to lay out and establish, regulate the use, open, vacate, alter, widen, extend, grade, pave, plant trees or otherwise improve streets, alleys, avenues, sidewalks, parks, public grounds and off--street parking sites and acquire any property necessary or convenient for that purpose by the exercise of the right of eminent domain. C. The Town of Marana (“Town”) is authorized by A.R.S. § 9-240 to exercise exclusive control over the streets, alleys, avenues and sidewalks of the town and to widen, extend, straighten, regulate, grade, clean or otherwise improve them.D. The Parties wish to cooperate in the design and construction of roadway improvements for the Silverbell Overlay Project (“the Project.”) E.D. The Parties find it prudentnecessary to enter into an intergovernmental agreement for the purpose of funding the design and construction of the Project. NOW THEREFORE; the Parties, pursuant to the above and in consideration of the matters and things thereafter set forth, do mutually agree as follows: Amended Marana Regular Council Meeting 06/16/2015 Page 119 of 223 Silverbell Overlay Final 4/8/15 2 Silverbell Overlay DRAFT 3/5/15 2 AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties for the design and construction of the Project. 2. Project. The Project consists of the design and construction of a two-inch asphalt overlay on Silverbell Road from Goret Road to Ina Road, as more fully described in the attached Exhibit A. The County shall be responsible for the design and development activities, including environmental clearances (collectively, “Design”); and for the advertisement, award, execution, and administration of the construction element for the Project (collectively, “Construction”). The County will advertise and start Project activities prior to June 30, 2015 and thereafter diligently pursue the Project to completion. The City and Town will be responsible for reimbursing the County for their respective shares of the cost of Construction according to the terms set forth in this Agreement. 3. Costs, Funding and Payment. a. The engineer’s estimate of cost of Construction is approximately $1,518,000.1,416,000. The City shall pay to the County part of the actual cost of Construction that is performed within the City’s jurisdiction (“City Contribution”), currently estimated to be approximately $899,900.00.863,000.00. The City’s payment is to occur within one year of the execution of this Agreement. If the City does not pay the City Contribution in full within that period, the City will be liable for interest on the overdue amount at a rate of 48% per annum from the date due until paid. The Town shall pay to the County the actual cost of Construction that is performed within the Town’s jurisdiction (“Town Contribution”), currently estimated to be approximately $260,100.232,000. The County will invoice the Town for the Town Contribution at the completion of the Project. The Town must pay the Town Contribution to the County within 60 days after receipt of the invoice. If the Town does not pay the Town Contribution in full within that period, the Town will be liable for interest on the overdue amount at a rate of 48% per annum from the date due until paid. The County will be responsible for Construction that is performed within unincorporated Pima County (“County Contribution”), currently estimated to be approximately $358,000.321,000.. b. The Parties acknowledge that construction bids could come in higher or lower than the engineer’s estimate, and that change orders executed during Construction could increase the cost over the amount of the accepted bid. If the bid that the County wishes to accept would cause the total cost of Construction to exceed the engineer’s estimate by more than 15%, the County will inform the City and Town. If any party notifies the other parties, within 10 days thereafter, that it chooses not to payany entity cannot cover its share of the increased cost, the Parties will promptly discuss whether to cancel the Project, value-engineer the Project to lower the cost (if feasible), or alter their Amended Marana Regular Council Meeting 06/16/2015 Page 120 of 223 Silverbell Overlay Final 4/8/15 3 Silverbell Overlay DRAFT 3/5/15 3 respective contributions. The Parties will, in that event, proceed as agreed upon at that time and will, if appropriate, amend this Agreement in writing. If neither the City nor the Town notifies the County in a timely manner, as provided in this paragraph, the County may proceed with award and execution of the contract and each party will be liable for its share of the cost as set forth in subsection (a) above. The County will notify the City and Town if, during construction, change orders cause the City or Town’s share of the Construction cost to increase by more than 10%. 4. Permits. Both the City and Town shall grant the County and its Contractors right of way use permits allowing full accessibility to perform the work as described. These permits shall be granted at no cost to the Project. 5. Changes. As lead agency for the Project, the County will have responsibility for Project oversight and administration of the construction contract. This includes responsibility for verification of quantities, quality of workmanship, contract change orders, and Project modifications as necessary. The County will exercise due diligence to consult with the City and Town on items and issues as they arise so that all Parties have ample opportunity to provide input. In the event that there is a disagreement over any Project elements, the County will retain the final decision making authority. 6. Ownership of Improvements. Upon completion of the Project, the County, City, and Town shall remain vested with title to the portions of the improvements falling within their respective geographical jurisdictions as designed pursuant to this Agreement, and shall be responsible for the continued operation and maintenance of same. 7. Effective Date and Term a. a. This Agreement shall be effective on the date it is signedof signature by the last party to sign thisChair of the Agreement.County Board of Supervisors. b. b. This Agreement shall remain in effect through completion of the Project and completion of all payments required under this Agreement. 8. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the County, City, or Town. 9. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall, be construed to create any partnership, joint venture or employer-employee relationship between County, City, and Town. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party as a result of this Agreement, including (without limitation) any party's obligation to withhold Social Security and income taxes for itself or its employees. Amended Marana Regular Council Meeting 06/16/2015 Page 121 of 223 Silverbell Overlay Final 4/8/15 4 Silverbell Overlay DRAFT 3/5/15 4 10. No Third Party Beneficiaries. This Agreement shall not create any right to any person or entity as a third party beneficiary. 11. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the Parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. a. Anti-Discrimination. The provisions of A.R.S. §' 41-1463 and Executive Order Number 99-4, as modified by Executive Order Number 2009-9, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 12. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term uncontrollable forces shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to floods, earthquakes, acts of God, or orders of any regulatory government officer or court (excluding orders promulgated by the Parties themselves), which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 13. Waiver. Waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 14. Termination. a. For cause. A party may terminate this Agreement for material breach of the Agreement by any other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other parties of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, any other party may terminate this Agreement. Any such termination shall not relieve any party from liabilities or costs already incurred under this Agreement. Amended Marana Regular Council Meeting 06/16/2015 Page 122 of 223 Silverbell Overlay Final 4/8/15 5 Silverbell Overlay DRAFT 3/5/15 5 b. A.R.S. §' 38-511. This Agreement may be terminated pursuantsubject to the provisions of A.R.S. § 38-511 in certain instances involving conflict of interest.' 38-511. c. Non-appropriation. It is acknowledged that, notwithstanding any other provision contained herein, this Agreement may be terminated if for any reason the Pima County Board of Supervisors, the City of Tucson Mayor and Council, or the Town of Marana Mayor and Council fails to appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, County, City, and Town shall have no further obligation to each other, other than for payment for services rendered prior to such termination. d. Ownership of property upon termination. Any termination of this Intergovernmental Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the Project constructed pursuant to this Agreement. 15. Indemnification. a. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other parties, their governing boards or bodies, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney’s, consultant’s and accountant’s fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. b. Notice. Each party shall notify the others in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to seek indemnification from one or both of the other Parties pursuant to this paragraph. invoke the provisions of this Article. Each party shall keep the other Partiesparties informed on a current basis of its defense of any claims, demands, suits, or judgments relating tounder this AgreementArticle. c. Negligence of indemnified party. The obligations under this paragraph 15Article shall not extend to the negligence of an indemnified party, its agents or employees. d. Survival of termination. This paragraph 15Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. 16. Insurance. Each party warrants that it maintains self-insurance or other insurance covering Amended Marana Regular Council Meeting 06/16/2015 Page 123 of 223 Silverbell Overlay Final 4/8/15 6 Silverbell Overlay DRAFT 3/5/15 6 that party’s liability regarding the Project. 17. Books and Records. Each party shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. All design and construction drawings, records, documentation and correspondence shall be the property of the County at the completion of the Project. Within six months after acceptance of the Project by the City and Town, the County shall provide, at no cost to the City and Town, As-Built original drawings of the Project. 18. Inspection and Audit of Records. The appropriate designated representatives of any party may perform any inspection of the Project or reasonable audit of any books or records of any other party to satisfy itself that the monies on the Project have been spent and the Project operated and maintained in accordance with this Agreement. 19. Severability. In the event that any provision of the Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this extent the provisions of the Agreement are severable. 20. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are specifically authorized by this Agreement, and shall be delivered in person or sent by mail addressed as follows: Town of Marana: Ryan Benavides, Director Department of Public Works 11555 West Civic Center Drive Marana, Arizona 85653-7006 City of Tucson: Daryl Cole, Director Department of Transportation 201 N. Stone Ave., 6th Floor Tucson, Arizona 85701 Pima County: Priscilla S. Cornelio. P.E., Director Pima County Department of Transportation 201 N. Stone, 4th Floor Tucson, Arizona 85701 Notices shall be deemed delivered and received on the date of delivery, if delivered in person, or on the third business day after mailing, if delivered by any form of mail. Amended Marana Regular Council Meeting 06/16/2015 Page 124 of 223 Silverbell Overlay Final 4/8/15 7 Silverbell Overlay DRAFT 3/5/15 7 Any party may, by written notice to the other parties, designate another address or person for receipt of notices under this Agreement. IN WITNESS WHEREOFIn Witness Whereof, the City has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and Council and attested to by the City Clerk; the Town has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and Council and attested to by the Town Clerk; and the County has caused this Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board. date below. THEREFORE, the parties hereto have entered into this Agreement this day of , 2015. PIMA COUNTY: Chair, Board of Supervisors, Date ATTEST: Clerk of the Board CITY OF TUCSON: Mayor of Tucson, Date ATTEST: City Clerk Amended Marana Regular Council Meeting 06/16/2015 Page 125 of 223 Silverbell Overlay DRAFT 3/5/15 8 TOWN OF MARANA: Mayor of Marana, Date ATTEST: Town Clerk Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County, the City of Tucson, and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Pima County: Deputy County Attorney Tucson: Assistant City Attorney Marana: Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 126 of 223 Silverbell Overlay DRAFT 3/5/15 9 Exhibit A In general, the project consists of the design and construction of a two-inch asphalt overlay of the existing Silverbell roadway from Goret Road to Ina Road. The specific activities for each section are as follows: Segment 1; Goret to the vicinity of Tucson City limits (including the small County portion at the vicinity of Sweetwater Drive)   Mill and replace two inches of existing roadway. Crack sealing of the milled surface in order to seal larger cracks (greater than 1 ½ inches) will be included.   The intersection of Silverbell and Camino del Cerro is excluded from this work. Segment 2; Vicinity of Tucson City limits to approximately 100 feet north of existing Sunset Road   Place fog seal coating over the existing paved surface. Segment 3; Approximately 100 feet north of existing Sunset Road to approximately 1,000 feet south of Ina Road   Place two inches of asphalt over existing roadway. Paving limits: The paving edge limits shall not extend past the edges of existing asphalt roadway. No shoulder improvements, turnouts or any other activities outside of the existing paved surfaces will be included. Intersections and cross streets   For existing dirt side streets, no paving or improvement activities will be performed as part of this project.   For existing paved side streets, the work will consist of a taper mill to match existing pavement. Striping: All temporary and final striping activities will be included in the project bid packages and documents. The County will be responsible for working with the project contractor to verify transitions, tapers, passing areas, etc.   All striping and pavement marking in the County and Town of Marana will in accordance with PCDOT standards.   All striping and pavement marking in the City of Tucson jurisdiction will in accordance with City of Tucson DOT standards. Traffic Control: All traffic control items, elements and configurations will be in accordance with PCDOT standards and guidelines. In addition, any Contractor requests for night work, or road closures that improve productivity and/or efficiency, will be reviewed and evaluated by all parties. The approximate lengths for each agency are as follows:   City: 3.16 miles Amended Marana Regular Council Meeting 06/16/2015 Page 127 of 223 Silverbell Overlay DRAFT 3/5/15 10   Town: 1.15 miles   County: 2.04 miles Public Notification: The City and Town shall each designate a person(s) responsible for disseminating all related project information within their respective organizations. The County will ensure that all project information and activities is shared with this individual(s) with adequate advance notice. Amended Marana Regular Council Meeting 06/16/2015 Page 128 of 223 Document comparison by Workshare Compare on Monday, June 15, 2015 10:59:01 AM Input: Document 1 ID file://C:/Users/fcassidy/Documents/AGT 20150408 Silverbell Overlay IGA PC draft.docx Description AGT 20150408 Silverbell Overlay IGA PC draft Document 2 ID file://C:/Users/fcassidy/AppData/Local/Microsoft/Windows/ Temporary Internet Files/Content.Outlook/UFZFUU7C/03-05-15 Silverbell Overlay IGA (COT TOM) Draft 3-5-15.doc Description 03-05-15 Silverbell Overlay IGA (COT TOM) Draft 3-5-15 Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 38 Deletions 54 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 92 Amended Marana Regular Council Meeting 06/16/2015 Page 129 of 223 MARANA RESOLUTION NO 2015 053 RELATING TO PUBLIC WORKS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG PIMA COUNTY THE CITY OF TUCSON AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF TIIE SILVERBELL ROADWAY OVERLAY PROJECT WHEREAS Pima County the City of Tucson and the Town of Marana wish to cooperate in the design and construction of roadway improvements for the Silverbell overlay Project which traverses all three jurisdictions and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution to coordinate and cooperatively fund and build these road improvements NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA that the intergovernmental agreement between and among Pima County the City of Tucson and the Town of Marana for the design and construction of the Silverbell Roadway overlay Project attached to this resolution as Exhibit A is hereby approved and the Mayor is authorized to execute it for and on behalf of the Town of Marana IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms obligations conditions and obectives of the intergovernmental agreement PASSED AND ADOPTED by the Mayor and Council of the Town of Marana Arizona this 1 9th day of May 2015 ATTEST ocelyn C ronson Town Clerk 00041777DOCX 1 Marana Resolution No 2015 053 f Mayor d H nea APPROV i D TO FORM r r Cqs idy Town torney Amended Marana Regular Council Meeting 06/16/2015 Page 130 of 223 Intergovernmental Agreement between Pima County City of Tucson And Town of Marana For the Design and Construction of the Silverbell Roadway Overlay Project This Intergovernmental Agreement Agreement is entered into by Pinta County a political subdivision and body politic of the State of Arizona the City of Tucson a municipal corporation of the State of Arizona and the Town of Marana a municipal corporation of the State of Arizona collectively the Parties pursuant to Arizona Revised Statutes section ARS 11 952 Recitals A Pima County County is authorized by ARS 11 2514 to lay out maintain control and manage public roads within Pima County B The City of Tucson City is authorized by ARS 9 276 to lay out and establish regulate the use open vacate alter widen extend grade pave plant trees or otherwise improve streets alleys avenues sidewalks parks public grounds and offstreet parking sites and acquire any property necessary or convenient for that purpose by the exercise of the right of eminent domain C The Town of Marana Town is authorized by ARS 9 240 to exercise exclusive control over the streets alleys avenues and sidewalks of the town and to widen extend straighten regulate grade clean or otherwise improve them D The Parties wish to cooperate in the design and construction of roadway improvements for the Silverbell Overlay Project the Project E The Parties find it prudent to enter into an intergovernmental agreement for the purpose of funding the design and construction of the Project NOW THEREFORE the Parties pursuant to the above and in consideration of the matters and things thereafter set forth do mutually agree as follows Silverbell Overlay 1inal 418115 Amended Marana Regular Council Meeting 06/16/2015 Page 131 of 223 AGREEMENT 1 Purpose The purpose of this Agreement is to set forth the responsibilities of the Parties for the design and construction of the Project 2 Project The Project consists of the design and construction of a two inch asphalt overlay on Silverbell Road from Goret Road to Ina Road as more fully described in the attached Exhibit A The County shall be responsible for the design and development activities including environmental clearances collectively Design and for the advertisement award execution and administration of the construction element for the Project collectively Construction The County will advertise and start Project activities prior to June 30 2015 and thereafter diligently pursue the Project to completion The City and Town will be responsible for reimbursing the County for their respective shares of the cost of Construction according to the terms set forth in this Agreement 3 Costs Funding and Payment a The engineers estimate of cost of Construction is approximately 1518000 The City shall pay to the County part of the actual cost of Construction that is performed within the Citys jurisdiction City Contribution currently estimated to be approximately 89990000 The Citys payment is to occur within one year of the execution of this Agreement If the City does not pay the City Contribution in full within that period the City will be liable for interest on the overdue amount at a rate of 4 per annurn from the date due until paid The Town shall pay to the County the actual cost of Construction that is performed within the Towns jurisdiction Town Contribution currently estimated to be approximately 260100 The County will invoice the Town for the Town Contribution at the completion of the Prof ect The Town must pay the Town Contribution to the County within 60 days after receipt of the invoice If the Town does not pay the Town Contribution in full within that period the Town will be liable for interest on the overdue amount at a rate of 4 per annum from the date due until paid The County will be responsible for Construction that is performed within unincorporated Pima County County Contribution currently estimated to be approximately 358000 b The Parties acknowledge that construction bids could come in higher or lower than the engineers estimate and that change orders executed during Construction could increase the cost over the amount of the accepted bid If the bid that the County wishes to accept would cause the total cost of Construction to exceed the engineers estimate by more than 15 the County will inform the City and Town If any party notifies the other parties within 10 days thereafter that it chooses not to pay its share of the increased cost the Parties will promptly discuss whether to cancel the Project value engineer the Proj ect to lower the cost if feasible or alter their respective contributions The Parties will in that event proceed as agreed upon at that time and will if appropriate amend this Agreement in writing If neither the City nor the Town notifies the County in a timely manner as provided in this paragraph the County may silverbell Overlay Final 418115 2 Amended Marana Regular Council Meeting 06/16/2015 Page 132 of 223 proceed with award and execution of the contract and each party will be liable for its share of the cost as set forth in subsection a above The County will notify the City and Town if during construction change orders cause the City or Towns share of the Construction cost to increase by more than 10 4 Permits Both the City and Town shall grant the County and its Contractors right of way use permits allowing full accessibility to perform the work as described These permits shall be granted at no cost to the Project 5 Changes As lead agency for the Project the County will have responsibility for Project oversight and administration of the construction contract This includes responsibility for verification of quantities quality of workmanship contract change orders and Project modifications as necessary The County will exercise due diligence to consult with the City and Town on items and issues as they arise so that all Parties have ample opportunity to provide input In the event that there is a disagreement over any Project elements the County will retain the final decision making authority 6 ownership of Improvements Upon completion of the Project the County City and Town shall remain vested with title to the portions of the improvements falling within their respective geographical jurisdictions as designed pursuant to this Agreement and shall be responsible for the continued operation and maintenance of same 7 Effective Bate and Term a This Agreement shall be effective on the date it is signed by the last party to sign this Agreement b This Agreement shall remain in effect through completion of the Project and completion of all payments required under this Agreement 8 Legal Jurisdiction Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the County City or Town 9 No Joint Venture It is not intended by this Agreement to and nothing contained in this Agreement shall be construed to create any partnership j pint venture or employer employee relationship between County City and Town No party shall be liable for any debts accounts obligations nor other liabilities whatsoever of any other party as a result of this Agreement including without limitation any partys obligation to withhold Social Security and income taxes for itself or its employees 10 No Third Party Beneficiaries This Agreement shall not create any right to any person or entity as a third party beneficiary 11 Compliance with Laws The Parties shall comply with all applicable federal state and local laws rules regulations standards and executive orders without limitation to those designated Silverhell overlay 1s inal 418115 Amended Marana Regular Council Meeting 06/16/2015 Page 133 of 223 within this Agreement The laws and regulations of the State of Arizona shall govern the rights of the Parties the performance of this Agreement and any disputes hereunder Any action relating to this Agreement shall be brought in an Arizona court a Anti Discrimination The provisions of ARS 411463 and Executive Order Number 99 4 as modified by Executive Order Number 2009 9 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement b Americans with Disabilities Act This Agreement is subject to all applicable provisions of the Americans with Disabilities Act Public Law 101 336 42 USC 12101 12213 and all applicable federal regulations under the Act including 28 CFR Parts 35 and 36 12 Force Majeure A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces The term uncontrollable forces shall mean for the purpose of this Agreement any cause beyond the control of the party affected including but not limited to floods earthquakes acts of God or orders of any regulatory government officer or court excluding orders promulgated by the Parties themselves which by exercise of due diligence and foresight such party could not reasonably have been expected to avoid Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch 13 Waiver waiver by any party of any breach of any term covenant or condition herein contained shall not be deemed a waiver of any other term covenant or condition or any subsequent breach of the same or any other term covenant or condition herein contained 14 Termination a For cause A party may terminate this Agreement for material breach of the Agreement by any other party Prior to any termination under this paragraph the party allegedly in default shall be given written notice by the other parties of the nature of the alleged default The party said to be in default shall have forty five days to cure the default If the default is not cured within that time any other party may terminate this Agreement Any such termination shall not relieve any party from liabilities or costs already incurred under this Agreement b ARS 38511 This Agreement may be terminated pursuant to ARS 38 511 in certain instances involving conflict of interest C No n ion It is acknowledged that notwithstanding any other provision contained herein this Agreement may be terminated if for any reason the Pima County Board of Supervisors the City of Tucson Mayor and Council or the Town of Marana Mayor and Council fails to appropriate sufficient monies for the Silverbell Overlay inal 4815 4 Amended Marana Regular Council Meeting 06/16/2015 Page 134 of 223 purpose of maintaining this Agreement In the event of such cancellation County City and Town shall have no further obligation to each other other than for payment for services rendered prior to such termination d Ownership of property upon termination Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement nor affect any ownership of the Project constructed pursuant to this Agreement 15 Indemnification a Mutual Indemnity To the fullest extent permitted by law each party to this Agreement shall indemnify defend and hold the other parties their governing boards or bodies officers departments employees and agents harmless from and against any and all suits actions legal or administrative proceedings claims demands liens losses fines or penalties damages liability interest attorneys consultants and accountants fees or costs and expenses of whatsoever kind and nature resulting from or arising out of any act or omission of the indemnifying party its agents employees or anyone acting under its direction or control whether intentional negligent grossly negligent or amounting to a breach of contract in connection with or incident to the performance of this Agreement b Notice Each party shall notify the others in writing within thirty 30 days of the receipt of any claim demand suit or judgment against the receiving party for which the receiving party intends to seek indemnification from one or both of the other Parties pursuant to this paragraph Each party shall keep the other Parties informed on a current basis of its defense of any claims demands suits or judgments relating to this Agreement C Negligence cif indemnified party The obligations under this paragraph 1 S shall not extend to the negligence of an indemnified party its agents or employees d Survival of termination This paragraph 15 shall survive the termination cancellation or revocation whether in whole or in part ofthis Agreement 16 Insurance Each party warrants that it maintains selfinsurance or other insurance covering that partys liability regarding the Project 17 Books and Records Each party shall keep and maintain proper and complete books records and accounts which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times All design and construction drawings records documentation and correspondence shall be the property of the County at the completion ofthe Project Within six months after acceptance of the Project by the City and Town the Count y shall provide at no cost to the City and Town As Built original drawings of the Project silverbell Overlay 1 inal 418115 Amended Marana Regular Council Meeting 06/16/2015 Page 135 of 223 18 I nspection and Audit of Records The appropriate designated representatives of any party may perform any inspection of the Project or reasonable audit of any books or records of any other party to satisfy itself that the monies on the Project have been spent and the Project operated and maintained in accordance with this Agreement 19 Serverabiiity In the event that any provision of the Agreement or the application thereof is held invalid such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision or application and to this extent the provisions of the Agreement are severable 20 NotificationAll notices or demands upon any party to this Agreement shall be in writing unless other forms are specifically authorized by this Agreement and shall be delivered in person or sent by mail addressed as follows Town of Marana Ryan Benavides Director Department of Public Works 115 5 5 West C ivic Center Drive Marana Arizona 85653 7006 ty of Tucson Daryl Cole Director Department of Transportation 201 N Stone Ave 6 Floor Tucson Arizona 85701 Pima County Priscilla S Cornelio PE Director Pima County Department of Transportation 201 N Stone 4 Floor Tucson Arizona 85701 Notices shall be deemed delivered and received on the date of delivery if delivered in person or on the third business day after mailing if delivered by any form of nail Any party may by written notice to the other parties designate another address or person for receipt of notices under this Agreement IN WITNES WHEI OF the City has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by the City Clerk the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by the Town Clerk and the County has caused this Agreement to be executed by the Chairman of its Board of Supervisors upon resolution of the Board and attested to by the Clerk of the Board silverbell Overlay Final 418115 6 Amended Marana Regular Council Meeting 06/16/2015 Page 136 of 223 WHEREFORE the Parties have entered into this A on the last part si date below PIMA COtJNTY Chair Board of Supervisors Date ATTEST Clerk of the Board CITY OF TUCSON Ma of Tucson Date ATTEST Cit Clerk TOWN OT M ANA pl s a0 d Ma Marana Date ATTEST 0 o n ClerkV Silverbell Overla Fiwd 418115 7 Amended Marana Regular Council Meeting 06/16/2015 Page 137 of 223 Inter A Determination The fore Inter A between Pima Count the Cit of Tucson and the Town of Marana has been reviewed pursuant to AR S 11 952 b the undersi who have determined that it is in proper form and is within the powers and authorit granted under the laws of the State of Arizona to those parties to the Inter A represented b the undersi Pima Count D pDut Count Attorniav ANDREW FLAG Tucson INOW10M10 Silverbell Overla Final 418115 Assistant Cit Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 138 of 223 Exhibit A In general the project consists of the design and construction of a two inch asphalt overlay of the existing Silverbell roadway from Goret Road to Ina Road The specific activities for each section are as follows Segment 1 Goret to the vicinity of Tucson City limits including the small County portion at the vicinity of Sweetwater Drive Mill and replace two inches of existing roadway Crack sealing of the milled surface in order to seal larger cracks greater than 1 12 inches will be included The intersection of Silverbell and Camino del Cerro is excluded from this work Segment 2 Vicinity of Tucson City limits to approximately loo feet north of existing Sunset Road v Place fog seal coating over the existing paved surface Segment 3 Approximately 100 feet north of existing Sunset Road to approximately 1000 feet south of Ina Road V Place two inches of asphalt over existing roadway Paving limits The paving edge limits shall not extend past the edges of existing asphalt roadway No shoulder improvements turnouts or any other activities outside of the existing paved surfaces will be included Intersections and cross streets For existing dirt side streets no paving or improvement activities will be performed as part of this project For existing paved side streets the work will consist of a taper mill to match existing pavement Striping All temporary and final striping activities will be included in the project bid packages and documents The County will be responsible for working with the project contractor to verify transitions tapers passing areas etc All striping and pavement marking in the County and Town of Marana will in accordance with PCDOT standards v All striping and pavement marking in the City of Tucson jurisdiction will in accordance with City of Tucson DOT standards Traffic Control All traffic control items elements and configurations will be in accordance with PCDOT standards and guidelines In addition any Contractor requests for night work or road closures that improve productivity andor efficiency will be reviewed and evaluated by all parties Silverbell Overlay Final 4815 Amended Marana Regular Council Meeting 06/16/2015 Page 139 of 223 The approximate lengths for each agency are as follows City 316 miles Town 115 miles County 204 miles Public Notification The City and Town shall each designate a persons responsible for disseminating all related project information within their respective organizations The County will ensure that all project information and activities is shared with this individuals with adequate advance notice Silverbell Overlay 1 final 418115 10 Amended Marana Regular Council Meeting 06/16/2015 Page 140 of 223  Item   C 8            To:Mayor and Council Submitted For:Jocelyn C. Bronson, Town Clerk From:Suzanne Sutherland, Assistant to the Town Clerk Date:June 16, 2015 Subject:Approval of June 2, 2015 Council Committee for Planning Commission and Board of Adjustment Appointments Meeting Minutes and approval of June 2, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments: Draft 06-02-2015 Council Committee Meeting Minutes Draft 06-02-2015 Regular Council Meeting Minutes Amended Marana Regular Council Meeting 06/16/2015 Page 141 of 223 Council Committee Minutes June 2, 2015 MARANA TOWN COUNCIL COUNCIL COMMITTEE FOR PLANNING COMMISSION AND BOARD OF ADJUSTMENT APPOINTMENTS MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 1st Floor Executive Conference Room, June 2, 2015, at or after 6:00 PM Carol McGorray, Council Member Patti Comerford, Council Member Roxanne Ziegler, Council Member COUNCIL COMMITTEE FOR PLANNING COMMISSION AND BOARD OF ADJUSTMENT APPOINTMENTS MEETING CALL TO ORDER AND ROLL CALL. Town Clerk Bronson called the meeting to order at 6:00 p.m. She noted that Chair Carol McGorray was absent, and a new chair would need to be selected SELECTION OF CHAIR PERSON. Council Member Comerford was selected to act as chair. PLEDGE OF ALLEGIANCE. Dispensed with until the regular Council meeting at 7:00 p.m. APPROVAL OF AGENDA. Motion to approve by Council Member Ziegler, second by Council Member Comerford. CALL TO THE PUBLIC There were no speaker cards presented. Amended Marana Regular Council Meeting 06/16/2015 Page 142 of 223 Council Committee Minutes June 2, 2015 ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Marana Planning Commission vacancies a.Review of pending applications b. Selection of recommended appointments or select date(s) and times for interviews with all or some candidates c. Review of interview questions (if interviews are scheduled) Discussion regarding the requests and application submitted. Motion by Council Member Comerford, second by Council Member Ziegler to recommend to the full Council the four incumbents for re-appointment. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Council Committee may vote to go into executive session, which will not be open to the public, to discuss certain matters. 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council Committee may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Pursuant to A.R.S. § 38-431.03(A)(1) the Council Committee may discuss and consider candidates for appointment to the Town of Marana Planning Commission. ADJOURNMENT. Motion by Council Member Ziegler, second by Council Member McGorray to adjourn at 6:07 p.m. CERTIFICATION I certify that the foregoing are the true and correct minutes of the Council Committee for Planning Commission and Board of Adjustment Appointments meeting held on June 2, 2015. I further certify that a quorum was present. ________________________________ Jocelyn C. Bronson Town Clerk Amended Marana Regular Council Meeting 06/16/2015 Page 143 of 223 June 2, 2015 Meeting Minutes 1 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 2, 2015 at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson call roll. Vice Mayor Post and Council Member McGorray were excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve the amended agenda by removing item C 1, which will come before Council at a later date, by Council Member Comerford, second by Council Member Bowen. Passed unanimously 5-0. CALL TO THE PUBLIC. No speak cards were presents. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported that long-time resident and community leader, Dan Ryan, passed away. On behalf of the Council, she expressed her condolences to his family. Amended Marana Regular Council Meeting 06/16/2015 Page 144 of 223 June 2, 2015 Meeting Minutes 2 Mayor Honea echoed the sentiments regarding Dan Ryan and his contributions to the community as a friend and community leader. Mayor Honea also noted that Council Member McGorray was ill. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson presented on the Council Executive Report. PRESENTATIONS CONSENT AGENDA. Motion to approve Items C 2 and C3 by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 5-0. C 1 Resolution No. 2015-054: Relating to Development; approving a final plat for Los Saguaros at Dove Mountain, Lots 134-239 and Common Areas "A" (Private Streets), "B" (Open Space), "C" (Open Space/Drainage) and "D" (Open Space/Public Sewer) located south of Dove Mountain Boulevard and east of Saguaro Forest Drive (Steven Cheslak) C 2 Resolution No. 2015-056: Relating to Development; approving a final plat for Tortolita Vistas Phase II, Lots 23-35, 40-91, and 151-154, Common Area "A" (Private Streets) and Common Area "B" (Natural Undisturbed Open Space) located west of Thornydale Road and north of Tangerine Road (Brian Varney) C 3 Approval of May 19, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1 Resolution No. 2015-055: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute an Airport Development Reimbursable Grant Agreement for Grant Number E5S3N between the State of Arizona by and through the Department of Transportation and the Town of Marana for the purpose of aiding in financing a Project of Master Plan Update, GIS, Business Plan, Rates and Charges Study (Lisa Shafer) Presented by Steve Miller, Airport Manager, who gave a brief review of what is going on at the airport. The grant which is the subject of tonight’s item is for re-evaluating the airport in the current economy and rescaling the projects previously developed in 2007. The Arizona Department of Transportation (ADOT) has also awarded a grant as part of this package for a Amended Marana Regular Council Meeting 06/16/2015 Page 145 of 223 June 2, 2015 Meeting Minutes 3 business plan which has never been done. That will dovetail into the town’s Strategic Plan. Another component is to do an airport geographic information systems (GIS) survey that is requested by the Federal Aviation Administration (FAA) that will take us into the next generation aircraft system. The last piece is for a rates and charges survey that has not been done for ten years. Collectively, this is a $460K grant. He then gave a quick review of other projects that were awarded this year. For FY 2015-16, we received $3.2M for various projects, all of which are already in progress or will be starting soon. Among those are a pavement project for overlays on both runways and most of Taxiway B. The kickoff will be June 15, and construction will begin in August. That will be a 45-60 day project managed by Kimley Horn & Associates. Also received was a $550K grant to replace all of the runway and taxiways signs as well as two pairs of runway and identifier lights. That project began several months ago and will be completed by the end of the year. The airport was also the recipient of a wildlife hazard assessment which is fully funded by the FAA and ADOT. This $100K one-year project began in November and will evaluate the wildlife at the airport. The ultimate goal of the assessment is to determine if we need to have any wildlife mitigation projects. The master plan will take about 18 months. The business plan is about a one-year project. Lastly, six surveillance cameras are being installed on top of the rotating beacon tower which will record virtually all areas of the airport 24/7 for security purposes. He thanked Council for their support of projects begun since he started with the town about three and a half years ago. Going forward, there are a lot of exciting projects, and he’s looking forward to updating the master plan and the business plan and see where those lead. Council Member Ziegler asked how the rate and charges study would be incorporated into the town’s comprehensive fee schedule. Mr. Miller said that the current fees will be evaluated, and any recommendations for increasing or adding additional fees will go before Council for approval during the regular fee schedule process. It would be next year before any new fees are implemented. Council Member Kai asked how well the new gate access system was working. Mr. Miller responded that there have been a couple of mechanical issues which now appear to be resolved, but that the gate access system has been working well. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 5-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1 Relating to Finance; presentation, discussion and direction regarding conducting a special mid-decade census (Gilbert Davidson). Mr. Davidson noted that Marana has grown quite a bit Amended Marana Regular Council Meeting 06/16/2015 Page 146 of 223 June 2, 2015 Meeting Minutes 4 over the past few years, and it would have been to the town’s financial advantage with respect to state shared revenues to go forward with this process. However, after reaching out to the League of Arizona Cities and Towns, it was learned that a number of cities and towns are in the same situation. Several of the municipalities in the Maricopa region are working with the League support special legislation to be proposed in the next session that would use the state’s population estimates as the actual driver in the formulas with the state shared revenue. Other cities have agreed to that and will not be moving forward independent of that process, and the League stated that they would want Marana to go along with that request to the legislature to modify how they use the formula using the population counts for state shared revenues rather than doing a census count. However, if the Council wants to proceed with a census, staff estimates it would cost $1M plus, as we would have to hire all of the census takers and follow the federal guidelines. If the state does modify the statutes, it would save all the communities in Arizona a considerable amount of time and money by being able to use the official numbers that the state generates every year based on several factors. He recommends working with the League. Mayor Honea noted that he is on the League board, and most of the cities and towns are on board with this. D 2 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 E 1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:17 p.m. by Council Member Bowen, second by Council Member Kai. Passed unanimously 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 2, 2015. I further certify that a quorum was present. _______________________________________ Jocelyn C. Bronson, Town Clerk Amended Marana Regular Council Meeting 06/16/2015 Page 147 of 223  Item   B 1            To:Mayor and Council Submitted For:Ryan Mahoney, Director of Planning From:Terri Byler, Executive Assistant Date:June 16, 2015 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Initiative 8 - Evaluate and continuously improve citizen participation and community outreach. Subject:Resolution No. 2015-063: Relating to Boards, Commissions and Committees; making appointments to the Town of Marana Planning Commission (Ryan Mahoney) Discussion: The Council Committee for Planning Commission and Board of Adjustment Appointments established by Marana Resolution No. 2013-020 met June 2, 2015 to consider applications for the four Planning Commission terms set to expire June 30, 2015. The applicants are incumbents Thomas Schnee, Marcia Jakab, John Officer, and Theresa Fehrmann, and a new applicant, Nick Coury. Marana Town Code Section 2-6-3 establishes a four-year term for all standing boards, commissions and committees of the Town. The Committee recommendation is to re-appoint Thomas Schnee, Marcia Jakab, John Officer and Theresa Fehrmann for terms expiring June 30, 2019. At tonight's meeting, the Town Council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take any other action it deems appropriate. Amended Marana Regular Council Meeting 06/16/2015 Page 148 of 223 Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2105-063, appointing Thomas Schnee, Marcia Jakab, John Officer and Theresa Fehrmann to the Planning Commission with terms expiring June 30, 2019. Attachments: Resolution No. 2015-063 Planning Commission Applications Amended Marana Regular Council Meeting 06/16/2015 Page 149 of 223 Marana Resolution No. 2015-063 5/27/2015 11:39 AM MARANA RESOLUTION NO. 2015-063 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES: MAKING APPOINTMENTS TO THE TOWN OF MARANA PLANNING COMMISSION WHEREAS Marana Resolution No. 2013-020 established a Council Committee for Planning Commission and Board of Adjustment Appointments, and authorized the Committee to receive and review applications and interview prospective Planning Commission members and to make recommendations relating to the applicants to the full Town Council for consideration and possible action; and WHEREAS the Council Committee for Planning Commission and Board of Adjustment Appointments has reviewed applications for the vacancies on the Planning Commission and has made its recommendations to the full Council; and WHEREAS Marana Town Code Section 2-6-3 establishes four-year terms for members of all standing boards, commissions and committees of the Town; and WHEREAS the Mayor and Council desire to fill existing vacancies and find that the appointments addressed by this resolution are in the best interest of the town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, appointing Thomas Schnee, Marcia Jakab, John Officer and Theresa Fehrmann to the Marana Planning Commission with terms expiring June 30, 2019. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 150 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 151 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 152 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 153 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 154 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 155 of 223 Amended Marana Regular Council Meeting 06/16/2015 Page 156 of 223  Item   A 1            To:Mayor and Council From:Erik Montague, Finance Director Date:June 16, 2015 Strategic Plan Focus Area: Commerce, Community, Heritage, Recreation, Progress & Innovation Strategic Plan Focus Area Additional Info: Marana's Strategic Plan identifies financial sustainability as an overriding principle of Marana's strategic framework. Subject:PUBLIC HEARING: Resolution No. 2015-064: Relating to Budget; adopting the Town of Marana's fiscal year 2015-2016 final budget (Erik Montague) Discussion: On May 19, 2015, Mayor and Council adopted a tentative budget for fiscal year 2015-2016. In adopting the tentative budget, Mayor and Council established the expenditure limitation for the Town for the fiscal year. Adoption of the attached resolution, which requires a public hearing, is the last formal step in the process of adopting the final budget. After receiving public input, Mayor and Council are being asked to consider adopting a final budget that shall not exceed $144,999,608. There were minor reallocations of expenditure authority between certain line items and funds. Overall expenditures, however, did not change. The following highlights certain items included in the proposed final budget: Authorized Positions Including position adjustments made during the current fiscal year, staffing increased 10.40 FTE from 328.33 positions in FY 2015 to 338.73 in FY 2016. The following are the new positions added: Customer Service Clerk (1.0 FTE; General Fund) Senior Network Administrator (mid-year) (1.0 FTE; General Fund) Accounting Clerk – Licensing (0.4 FTE; General Fund)Amended Marana Regular Council Meeting 06/16/2015 Page 157 of 223 Accounting Clerk – Licensing (0.4 FTE; General Fund) Police Officer (2.0 FTE; General Fund) Facilities Technician (1.0 FTE; General Fund) Senior Maintenance Worker (1.0 FTE; General Fund) Laborer (1.0 FTE; General Fund) Irrigation Control Specialist (1.0 FTE; General Fund) Airport Maintenance Worker (1.0 FTE; Airport Enterprise) Utilities Operator II (1.0 FTE; Water Enterprise Fund) Market Adjustment The proposed final budget incorporates a 2.0% market-based pay increase for eligible employees. This market adjustment is considered an ongoing addition to base pay and will contribute towards accomplishing the Town's strategic goal for attracting and retaining quality staff. This market-based adjustment will also be applied to the salary structure for both grades which contain open salary ranges and those grades which contain steps. Regular full- and part-time classified, unclassified, term-limited temporary and short-term temporary employees (excluding seasonal positions) are eligible to receive this increase. Eligibility for contract employees (Town Manager and Town Magistrate) shall be determined as set forth in the respective employment agreements previously approved by Council. Performance Based Adjustments In accordance with the Town’s total compensation philosophy and the Town’s ability to pay, performance based adjustments will be granted to eligible employees. This adjustment recognizes employees who demonstrate performance excellence in their work. Regular full-and part-time classified and unclassified employees hired on or before July 1, 2014 are eligible to receive a full 1.5% performance based adjustment to pay (added to base salary). Employees hired between July 2, 2014 and December 31, 2014 are eligible to receive pro-rated adjustments. Term-limited temporary, short-term temporary employees, the Town Manager, and the Town Magistrate are not eligible to receive a performance based adjustment. Employees who fully meet expectations or exceed expectations, as documented in their annual performance appraisal, would receive a 1.5% adjustment to their base salary. Employees who do not meet expectations will not receive a performance based adjustment. Employees that exceed expectations will also be eligible to receive a one-time performance award. This one-time award will not be added to base pay. The amount of the one-time performance award will be a uniform amount not to exceed $1,500 and will be pro-rated for part-time employees. Additional information regarding these adjustments is included as supplemental materials to this item. Staff has also included official budget forms required by the State of Arizona’s Auditor General’s office (Exhibit A) as published for tonight’s public hearing. Upon adoption of the final budget, staff will publish and distribute to Council and department heads a budget document that provides more detailed information. Additionally, this published Amended Marana Regular Council Meeting 06/16/2015 Page 158 of 223 budget will be submitted to the Government Finance Officers Association for consideration of the Distinguished Budget Presentation Award. Financial Impact: Fiscal Year: 2016 Budgeted Y/N: Amount:$144,999,608 Adoption of final budget for fiscal year 2015-2016 and establishing the legal level of budgetary control. Staff Recommendation: Staff recommends approval of Resolution 2015-064, adopting the fiscal year 2015-2016 final budget. Suggested Motion: I move to adopt Resolution No. 2015-064, adopting the Town of Marana's fiscal year 2015-2016 final budget. Attachments: Resolution No. 2015-064 Resolution Exhibit A 2015-2016 Authorized Position Reconciliation 2015-2016 Five Year CIP Schedule 2015-2016 Compensation Adjustment Plan Amended Marana Regular Council Meeting 06/16/2015 Page 159 of 223 Marana Resolution No. 2015-064 MARANA RESOLUTION NO. 2015-064 ______________________________________________________________ RELATING TO BUDGET; ADOPTING THE TOWN OF MARANA’S FISCAL YEAR 2015- 2016 FINAL BUDGET WHEREAS in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised Statutes (A.R.S.), the Marana Town Council did, on May 19, 2015, make an estimate of the different amounts required to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Marana; and WHEREAS in accordance with said chapter of said title, and following due public notice, the Council met on June 16, 2015, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies; and WHEREAS it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 16, 2015, at the office of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates; and WHEREAS it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in A.R.S. §42-17051(A). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the said estimates of revenues and expenditures/expenses shown on the accompanying schedules, attached hereto as Exhibit A and incorporated herein by this reference, as now increased, reduced, or changed, are hereby adopted as the budget of the Town of Marana for the fiscal year 2015-2016. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June 2015. ______________________________ Mayor Ed Honea ATTEST:APPROVED AS TO FORM: ____________________________________________________ Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 160 of 223 Fiscal YearGeneral FundSpecial Revenue Fund Debt Service FundCapital Projects Fund Permanent FundEnterprise Funds AvailableInternal Service FundsTotal All Funds2015 Adopted/Adjusted Budgeted Expenditures/Expenses* E 36,906,6588,530,4578,412,67939,616,4010 19,774,0593,754,865116,995,1192015 Actual Expenditures/Expenses** E 29,191,8365,444,839703,9038,326,9210 6,730,7443,366,37853,764,6212016 Fund Balance/Net Position at July 1*** 25,478,2055,070,5271,034,45721,364,9095,680,499861,892 59,490,4892016 Primary Property Tax LevyB002016 Secondary Property Tax LevyB432,267121,927554,1942016 Estimated Revenues Other than Property Taxes C 37,335,5675,048,5722,309,821 41,791,5230 9,555,3633,907,01699,947,8622016 Other Financing Sources D000 5,500,0000 10,000,000015,500,0002016 Other Financing (Uses) D000000 0 02016 Interfund Transfers In D0100,0004,899,35900 4,425,52309,424,8822016 Interfund Transfers (Out) D6,591,68800 2,344,3310 488,86309,424,8822016 Reduction for Amounts Not AvailableLESS: Amounts for due from other funds2,539,7852,539,785Amounts for restricted grants and contributions2,044,8702,044,870Amounts for future debt retirement:299,595299,595Amounts for future capital projects:9,234,2952,620,73511,855,030Amounts for future health and dental benefits:861,892861,8922016 Total Financial Resources Available53,682,2998,174,2298,376,30957,199,7330 26,551,7873,907,016157,891,3732016 Budgeted Expenditures/ExpensesE 40,790,534 8,174,2298,376,309 57,199,7330 26,551,7873,907,016 144,999,608EXPENDITURE LIMITATION COMPARISON201520161. Budgeted expenditures/expenses116,995,119$ 144,999,608$ 2. Add/subtract: estimated net reconciling items3. Budgeted expenditures/expenses adjusted for reconciling items116,995,119 144,999,608 4. Less: estimated exclusions5. Amount subject to the expenditure limitation116,995,119$ 144,999,608$ 6. EEC expenditure limitation$ $ ******Amounts on this line represent Fund Balance/Net Position amounts except for amounts not in spendable form (e.g., prepaids and inventories) or legally or contractually required to be maintained intact (e.g., principal of a permanent fund).SchFUNDSIncludes Expenditure/Expense Adjustments Approved in the current year from Schedule E. The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted.TOWN OF MARANASummary Schedule of Estimated Revenues and Expenditures/ExpensesFiscal Year 2016Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal yea 4/15SCHEDULE AAmended Marana Regular Council Meeting 06/16/2015Page 161 of 223 2015 2016 1. $$ 2. $ 3. Property tax levy amounts A. Primary property taxes $$ B. Secondary property taxes 490,514 554,194 C. Total property tax levy amounts $490,514 $554,194 4. Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years’ levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ 485,609 (2) Prior years’ levies 405 (3) Total secondary property taxes $ 486,014 C. Total property taxes collected $486,014 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 2.8000 2.8000 (3) Total city/town tax rate 2.8000 2.8000 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the four special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * city/town was operating Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) TOWN OF MARANA Tax Levy and Tax Rate Information Fiscal Year 2016 Maximum allowable primary property tax levy. A.R.S. §42-17051(A) 4/15 SCHEDULE BAmended Marana Regular Council Meeting 06/16/2015 Page 162 of 223 ESTIMATED REVENUES ACTUAL REVENUES* ESTIMATED REVENUES 2015 2015 2016 GENERAL FUND Local taxes Sales taxes $ 21,034,795 $ 21,285,673 $ 22,674,325 Licenses and permits Building and development fees 2,988,953 3,198,850 2,653,000 Business and license fees 168,000 165,850 168,000 Franchise fees 350,000 344,675 350,000 Host Fees 225,500 189,276 350,000 Intergovernmental State shared sales taxes 3,159,019 3,129,090 3,339,932 Urban revenue sharing 4,231,997 4,231,997 4,209,300 Auto lieu 1,392,720 1,377,054 1,465,110 Other 10,000 79,723 85,000 Charges for services Charges for services 398,500 403,536 455,750 Fines and forfeits Court fines and fees 595,000 658,290 630,000 Interest on investments Interest 175,000 164,950 175,000 Contributions Voluntary contributions 125,400 166,817 161,000 Miscellaneous Other miscellaneus 551,170 574,106 619,150 Total General Fund $ 35,406,054 $ 35,969,887 $ 37,335,567 * SPECIAL REVENUE FUNDS Community development block grants $ 215,000 $49,745 $ 215,000 Affordable housing revolving 100,000 29,750 100,000 Other grants and contributions 1,270,613 549,934 1,043,178 RICO 30,515 Impound 50,000 Bed tax 919,413 920,755 925,450 Emergency telecommunications fund 65,000 Local JCEF 14,000 14,305 15,000 Fill the GAP 4,000 3,856 4,000 Local technology enhancement 118,000 138,346 140,000 Highway user revenue 2,464,723 2,378,063 2,460,429 TOWN OF MARANA Revenues Other Than Property Taxes Fiscal Year 2016 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. SOURCE OF REVENUES 4/15 SCHEDULE CAmended Marana Regular Council Meeting 06/16/2015 Page 163 of 223 ESTIMATED REVENUES ACTUAL REVENUES* ESTIMATED REVENUES 2015 2015 2016 TOWN OF MARANA Revenues Other Than Property Taxes Fiscal Year 2016 SOURCE OF REVENUES Total Special Revenue Funds $ 5,105,749 $ 4,084,754 $ 5,048,572 * DEBT SERVICE FUNDS Tangerine farms road improvement district $ 2,155,388 $ 2,216,755 $ 2,034,816 Gladden farms CFD debt 310,707 275,005 Saguaro springs CFD debt 2,303 Total Debt Service Funds $ 2,468,398 $ 2,216,755 $ 2,309,821 CAPITAL PROJECTS FUNDS Transportation $ 5,248,500 $ 5,021,979 $ 5,242,050 One-half cent sales tax fund 4,800,000 Impact fee funds 2,663,975 2,236,905 1,843,176 Other capital projects 10,500,030 785,690 10,710,028 Downtown reinvesement fund 125,000 127,292 125,000 Pima County bond fund 35,000 Regional transportation authority fund 16,526,839 2,115,920 18,690,634 Tangerine farms road improvement district 35,000 32,500 35,000 Gladden farms CFD capital 77,000 76,850 Gladden farms II CFD capital Vanderbilt CFD capital 27,500 5,790 27,500 Saguaro springs CFD capital 134,436 318,135 Total Capital Projects Funds $ 35,373,280 $ 10,402,926 $ 41,791,523 * ENTERPRISE FUNDS Water utility $ 4,526,344 $ 5,540,385 $ 5,049,571 Airport 2,901,313 391,236 2,937,313 Wastewater utility 1,441,046 1,534,685 1,568,479 $ 8,868,703 $ 7,466,306 $ 9,555,363 Total Enterprise Funds $ 8,868,703 $ 7,466,306 $ 9,555,363 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/15 SCHEDULE CAmended Marana Regular Council Meeting 06/16/2015 Page 164 of 223 ESTIMATED REVENUES ACTUAL REVENUES* ESTIMATED REVENUES 2015 2015 2016 TOWN OF MARANA Revenues Other Than Property Taxes Fiscal Year 2016 SOURCE OF REVENUES INTERNAL SERVICE FUNDS Health Benefits $ 3,498,046 $ 3,453,945 $ 3,648,964 Dental Benefits 256,819 255,598 258,052 $ 3,754,865 $ 3,709,543 $ 3,907,016 Total Internal Service Funds $ 3,754,865 $ 3,709,543 $ 3,907,016 TOTAL ALL FUNDS $ 90,977,049 $ 63,850,171 $ 99,947,862 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/15 SCHEDULE CAmended Marana Regular Council Meeting 06/16/2015 Page 165 of 223 FUND SOURCES <USES>IN <OUT> GENERAL FUND Series 2008 debt $$$$549,428 Series 2013 debt 1,257,150 Series 2014 debt 514,071 Other grants 100,000 Airport 171,039 Wastewater 4,000,000 Total General Fund $$$$6,591,688 SPECIAL REVENUE FUNDS Other grants $$$ 100,000 $ Transit Total Special Revenue Funds $ $ $ 100,000 $ DEBT SERVICE FUNDS Series 2008 debt $$$ 2,639,275 $ Series 2013 debt 1,746,013 Series 2014 debt 514,071 Total Debt Service Funds $$$ 4,899,359 $ CAPITAL PROJECTS FUNDS South Transportion Impact Fee $$$$623,120 North East Transportation Impact Fee 603,947 Transportation 862,780 Other Capital Projects Gladden Farms CFD 1,000,000 Saguaro Springs CFD 4,500,000 Total Capital Projects Funds $ 5,500,000 $$$ 2,344,331 PERMANENT FUNDS $$$$ Total Permanent Funds $$$$ ENTERPRISE FUNDS Water Utility $ 6,000,000 $$ 254,484 $ Wastewater Utility 4,000,000 171,039 4,000,000 488,863 Total Enterprise Funds $ 10,000,000 $ $ 4,425,523 $ 488,863 INTERNAL SERVICE FUNDS $$$$ 2016 2016 TOWN OF MARANA Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2016 OTHER FINANCING INTERFUND TRANSFERS 4/15 SCHEDULE DAmended Marana Regular Council Meeting 06/16/2015 Page 166 of 223 FUND SOURCES <USES>IN <OUT> 2016 2016 TOWN OF MARANA Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2016 OTHER FINANCING INTERFUND TRANSFERS Total Internal Service Funds $$$$ TOTAL ALL FUNDS $ 15,500,000 $$ 9,424,882 $ 9,424,882 4/15 SCHEDULE DAmended Marana Regular Council Meeting 06/16/2015 Page 167 of 223 ADOPTED BUDGETED EXPENDITURES/ EXPENSES EXPENDITURE/ EXPENSE ADJUSTMENTS APPROVED ACTUAL EXPENDITURES/ EXPENSES* BUDGETED EXPENDITURES/ EXPENSES 2015 2015 2015 2016 GENERAL FUND Non-departmental $ 615,675 $ 1,625,000 $ 577,532 $ 2,158,833 Mayor and council 291,166 248,926 294,338 Town Manager 1,403,427 1,285,363 1,503,103 Town clerk 273,052 245,700 280,565 Human resources 747,182 646,422 800,451 Finance 1,065,646 933,780 1,092,364 Legal 768,292 677,852 800,357 Technology services 2,130,538 2,043,350 2,517,151 Economic and tourism develop 168,770 140,438 192,356 Development services admin 214,039 207,939 233,359 Development records 522,099 134,462 175,115 Building safety 850,989 838,328 1,082,267 Planning 704,711 727,703 1,056,705 Engineering 2,244,498 1,948,704 2,248,345 Police 11,515,103 10,451,559 11,596,480 Courts 1,019,116 983,700 1,031,570 Public works 2,918,482 2,472,980 3,208,563 Parks and recreation 3,777,252 3,418,884 3,713,984 Community development 358,647 328,756 596,728 Capital outlay 1,117,974 879,458 1,207,900 Contingency 5,000,000 (2,425,000)5,000,000 Total General Fund $ 37,706,658 $(800,000)$ 29,191,836 $ 40,790,534 SPECIAL REVENUE FUNDS Highway user revenue $ 4,861,174 $$ 3,875,680 $ 3,768,678 Transit 100,000 95,150 Revolving affordable housing 70,000 70,000 Local JCEF 67,000 82,000 Fill the GAP 38,500 34,500 Local technology 434,282 42,598 475,408 Community development block grant 215,000 49,745 215,000 Bed tax 1,088,702 831,732 931,576 Other grants and contributions 1,655,799 549,934 1,373,346 RICO 1,086,621 Impound fees 65,350 Emergency telecommunications 71,750 Total Special Revenue Funds $ 8,530,457 $ $ 5,444,839 $ 8,174,229 DEBT SERVICE FUNDS Series 1997 debt $ 346,400 $$ 346,400 $ Series 2004 debt $ 667,625 $$ 667,625 $ Series 2008 debt 2,644,988 2,644,988 2,639,275 Series 2013 debt 1,849,875 1,849,875 2,034,816 Series 2014 debt 514,071 Tangerine farms ID debt 2,155,388 2,155,388 2,236,875 Gladden farms CFD debt $ 703,903 $$ 703,903 $ 701,272 Saguaro springs CFD debt 44,500 250,000 Total Debt Service Funds $ 8,412,679 $$ 703,903 $ 8,376,309 CAPITAL PROJECTS FUNDS Transportation $ 5,728,389 $$ 3,630,978 $ 8,271,013 One-half percent sales tax 685,825 685,825 4,500,000 Impact fee funds 1,929,496 486,458 8,437,236 Tangerine farms ID 35,000 7,895 35,000 Other capital projects 10,806,146 800,000 285,905 11,177,600 Downtown reinvestment fund 223,250 114,685 185,319 Pima County bond fund 35,000 Regional transportation authority 16,078,944 3,080,886 18,690,634 CFD capital projects Gladden farms CFD 1,124,184 32,595 1,228,152 Gladden farms II CFD 478 213 Saguaro springs CFD 30,189 459 4,642,000 Vanderbilt farms CFD 2,139,500 1,235 32,566 Total Capital Projects Funds $ 38,816,401 $ 800,000 $ 8,326,921 $ 57,199,733 ENTERPRISE FUNDS Water utility $ 8,568,111 $$ 5,088,105 $ 14,548,871 Airport 3,298,204 584,785 3,198,489 Wastewater utility 7,907,744 1,057,854 8,804,427 Total Enterprise Funds $ 19,774,059 $$ 6,730,744 $ 26,551,787 INTERNAL SERVICE FUNDS Health Benefits $ 3,498,046 $$ 3,020,730 $ 258,052 Dental Benefits 256,819 345,648 3,648,964 Total Internal Service Funds $ 3,754,865 $$ 3,366,378 $ 3,907,016 TOTAL ALL FUNDS $ 116,995,119 $$ 53,764,621 $ 144,999,608 * Expenditures/Expenses by Fund Fiscal Year 2016 TOWN OF MARANA Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. FUND/DEPARTMENT 4/15 SCHEDULE E Amended Marana Regular Council Meeting 06/16/2015 Page 168 of 223 ADOPTED BUDGETED EXPENDITURES/ EXPENSES EXPENDITURE/ EXPENSE ADJUSTMENTS APPROVED ACTUAL EXPENDITURES/ EXPENSES* BUDGETED EXPENDITURES/ EXPENSES 2015 2015 2015 2016 Town manager: General Fund $ 1,398,427 $$ 1,285,360 $ 1,503,103 Bed Tax Fund 51,809 46,899 41,727 Department Total $ 1,450,236 $$ 1,332,259 $ 1,544,830 Economic and tourism development: General Fund $ 167,770 $ $ 140,438 $ 192,356 Bed Tax Fund 244,884 50,031 267,129 Department Total $ 412,654 $$ 190,469 $ 459,485 Police: General Fund $ 11,460,603 $$ 10,451,599 $ 11,596,480 RICO 37,500 Impound Fees 65,350 Other Grants 495,381 519,848 372,346 Emergency telecommunications 71,750 Department Total $ 11,955,984 $$ 10,971,447 $ 12,143,426 Court: General Fund $ 1,012,116 $ $ 983,700 $ 1,031,570 Local JCEF 57,000 72,000 Fill the Gap 38,500 34,500 Local Tech Enhancement 434,282 42,598 475,408 Department Total $ 1,541,898 $$ 1,026,298 $ 1,613,478 Public works: General Fund $ 2,757,795 $$ 2,472,089 $ 3,208,563 Highway User Revenue Fund 3,506,277 2,623,284 2,758,717 Department Total $ 6,264,072 $$ 5,095,373 $ 5,967,280 Community development: General Fund $ 357,147 $ $ 328,756 $ 596,728 CDBG 215,000 15,314 215,000 Revolving Affordable Housing 70,000 23,564 70,000 Transit 100,000 95,150 Department Total $ 742,147 $$ 462,784 $ 881,728 * Expenditures/Expenses by Department Fiscal Year 2016 TOWN OF MARANA Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. DEPARTMENT/FUND 4/15 SCHEDULE FAmended Marana Regular Council Meeting 06/16/2015 Page 169 of 223 Full-Time Equivalent (FTE)Employee Salaries and Hourly Costs Retirement Costs Healthcare CostsOther Benefit CostsTotal Estimated Personnel Compensation201620162016201620162016285.1 $ 18,002,109 $ 2,524,604 $ 2,910,659 $ 1,509,512 $ 24,946,884Other grant funds11.2 $230,558 $54,315 $36,855 $ 18,118 $ 339,846Bed tax1.280,7618,9812,5576,55798,856Local technology1.030,9893,4402,52936,958Highway user revenue 11.2455,13947,03985,63633,073620,887Total Special Revenue Funds23.6 $797,447 $113,775 $125,048 $ 60,277 $ 1,096,547Water utility23.0 $ 1,287,584 $138,620 $241,537 $ 99,645 $ 1,767,386Airport3.0175,38019,07932,78313,216240,458Wastewater utility4.0265,27927,17741,49918,972352,927Total Enterprise Funds30.0 $ 1,728,243 $184,876 $315,819 $ 131,833 $ 2,360,771TOTAL ALL FUNDS338.7 $ 20,527,799 $ 2,823,255 $ 3,351,526 $ 1,701,622 $ 28,404,202SPECIAL REVENUE FUNDSENTERPRISE FUNDSFUNDTOWN OF MARANAFull-Time Employees and Personnel CompensationFiscal Year 2016GENERAL FUND 4/15SCHEDULE GAmended Marana Regular Council Meeting 06/16/2015Page 170 of 223 2013 2014 2014 2015 2015 2016 Actual Adopted Actual Adopted Estimated Final Town Manager Town Manager 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Town Manager 1.00 1.00 1.00 1.00 1.00 1.00 Management Assistant 1.00 1.00 2.00 2.00 2.00 2.00 Senior Executive Assistant - - 1.00 1.00 1.00 1.00 Administrative Assistant 0.50 0.50 1.00 1.00 1.00 1.00 Customer Service Clerk - - 1.13 1.13 1.13 1.13 Assistant Town Manager - - - 1.00 - - Senior Administrative Manager 1.00 1.00 - - - - Customer Service Specialist 2.13 2.13 - - - - Council Liaison 1.00 1.00 - - - - Communication and Marketing Division (20) Public Information Officer (PIO)1.00 1.00 1.00 1.00 1.00 1.00 Graphic Designer 1.00 1.00 1.00 1.00 1.00 1.00 Special Events Division (30) Assistant to the Town Manager - - - - 1.00 1.00 Special Events Coordinator - - - 1.00 1.00 Special Events Division (40) Emergency Management and Safety Coordinator - 1.00 1.00 1.00 1.00 1.00 Total Town Manager Office 9.63 10.63 10.13 11.13 12.13 12.13 Town Clerk Town Clerk 1.00 1.00 1.00 1.00 1.00 1.00 Records Administrator 1.00 1.00 1.00 1.00 1.00 1.00 Assistant to the Town Clerk 1.00 1.00 1.00 1.00 Deputy Town Clerk - - - - - - Agenda & Records Clerk 1.00 1.00 - - - - Total Town Clerk 3.00 3.00 3.00 3.00 3.00 3.00 Human Resources Human Resources Director 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Human Resources Director 1.00 1.00 1.00 1.00 Sr. Human Resources Analyst 2.00 2.00 2.00 2.00 2.00 2.00 Human Resources Analyst 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 Human Resources Technician 1.00 1.00 1.00 1.00 Human Resources Coordinator - - - - - - Employee Relations Administrator 1.00 1.00 - - - - Administrative Assistant 0.50 0.50 - - - - Total Human Resources 5.50 5.50 6.00 6.00 6.00 6.00 Finance Finance Director 1.00 1.00 1.00 1.00 1.00 1.00 Finance Manager 1.00 1.00 1.00 1.00 1.00 1.00 Management & Budget Analyst 1.00 1.00 1.00 1.00 1.00 1.00 Payroll Administrator 1.00 1.00 1.00 1.00 1.00 1.00 Procurement Officer 1.00 1.00 1.00 1.00 1.00 1.00 Contracts Administrator - 1.00 1.00 1.00 1.00 1.00 Senior Accountant 1.00 1.00 1.00 2.00 2.00 2.00 Senior Accounting Clerk 1.00 1.00 1.00 1.00 1.00 1.00 Accounting Clerk 1.35 1.35 1.35 1.35 1.35 1.75 Administrative Assistant 0.50 0.50 0.50 0.50 0.50 0.50 Total Finance 8.85 9.85 9.85 10.85 10.85 11.25 Amended Marana Regular Council Meeting 06/16/2015 Page 171 of 223 2013 2014 2014 2015 2015 2016 Actual Adopted Actual Adopted Estimated Final Legal Department Town Attorney 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Town Attorney 1.00 1.00 1.00 1.00 1.00 1.00 Senior Assistant Town Attorney 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Town Attorney - - - - - 1.00 Legal Assistant 1.00 1.00 1.00 1.00 1.00 1.00 Legal Document Clerk 1.00 1.00 1.00 1.00 Administrative Assistant 1.50 1.50 0.50 0.50 0.50 0.50 Associate Town Attorney 1.00 1.00 1.00 1.00 1.00 Real Property Acquisition Agent - - - - - - Office Support Assistant - - - - - - Total Legal Department 6.50 6.50 6.50 6.50 6.50 6.50 Technology Services Technology Services Director 1.00 1.00 1.00 1.00 1.00 1.00 Technology Manager 2.00 2.00 2.00 2.00 2.00 2.00 Senior Network Administrator - - - - 1.00 Network Administrator 1.00 1.00 1.00 1.00 1.00 1.00 Database Administrator 1.00 1.00 1.00 1.00 1.00 1.00 Website Administrator - 1.00 1.00 1.00 1.00 1.00 Senior GIS Analyst 1.00 1.00 1.00 1.00 1.00 1.00 GIS Analyst 1.00 1.00 1.00 1.00 1.00 1.00 Technology Analyst 1.00 1.00 1.00 1.00 1.00 1.00 Senior Technology Support Specialist 2.00 2.00 2.00 2.00 2.00 2.00 Technology Support Specialist 1.00 1.00 1.00 1.00 1.00 1.00 Business Process Analyst 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant - - - - - - Total Technology Services 12.00 13.00 13.00 13.00 13.00 14.00 Office of Economic and Tourism Development Director of Economic and Tourism Development - - - 1.00 1.00 1.00 Tourism Development Manager - - - 1.00 1.00 1.00 Total Strategic Initiatives - - - 2.00 2.00 2.00 Office of Strategic Initiatives Economic Development & Strategic Initiatives Manager - - - - - - Public Information Officer (PIO)- - - - - - Special Events Coordinator - - - - - - Graphic Designer - - - - - - Management Assistant - - - - - - Administrative Assistant - - - - - - Total Strategic Initiatives - - - - - - Community Development & Neighborhood Services Community Development Director 1.00 1.00 1.00 1.00 1.00 1.00 Grants & Housing Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 Housing Rehabilitation Specialist 1.00 1.00 1.00 1.00 1.00 1.00 Special Events Coordinator 1.00 1.00 1.00 - - - Total Community Development 4.00 4.00 4.00 3.00 3.00 3.00 Development Services Administration Development Services Center Manager 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 Customer Service Clerk - - - - 1.00 Development Services General Manager - 1.00 1.00 - - - Economic Development Manager 1.00 1.00 1.00 - - - Total GM - Development Services 3.00 4.00 4.00 2.00 2.00 3.00 Amended Marana Regular Council Meeting 06/16/2015 Page 172 of 223 2013 2014 2014 2015 2015 2016 Actual Adopted Actual Adopted Estimated Final Records Center Records Clerk 1.00 Document Imaging Clerk 1.50 1.50 1.50 1.50 1.50 0.50 Permits Center & Records Manager - - - - - - Real Property Acquisition Agent 1.00 - - - - - Senior Permit Clerk 1.00 1.00 1.00 - - - Development Coordinator 2.00 2.00 1.85 - - - Permit Clerk 3.00 3.00 3.00 - - - Project Coordinator 1.00 1.00 1.00 - - - Total Records Center 9.50 8.50 8.35 1.50 1.50 1.50 Building Safety Building Safety Director 1.00 1.00 1.00 1.00 1.00 1.00 Chief Building Inspector 1.00 1.00 1.00 1.00 1.00 1.00 Senior Plans Examiner 1.00 1.00 2.00 2.00 2.00 2.00 Plans Examiner 2.00 2.00 1.00 1.00 1.00 1.00 Plan Review Technician 1.00 1.00 1.00 1.00 1.00 1.00 Building Inspector II 1.00 2.00 2.00 2.00 2.00 2.00 Building Inspector I 1.00 1.00 1.00 1.00 1.00 1.00 Senior Permit Clerk - - - 1.00 1.00 1.00 Permit Clerk - - - 3.00 3.00 3.00 Code Enforcement Officer - - - - - - Total Building Safety 8.00 9.00 9.00 13.00 13.00 13.00 Planning Department Planning Director 1.00 1.00 1.00 1.00 1.00 1.00 Environmental Project Manager - 1.00 1.00 1.00 1.00 1.00 Senior Planner 1.00 Planner II 2.00 2.00 2.00 2.00 3.00 2.00 Planner I 4.00 4.00 4.00 4.00 3.00 3.00 Development Coordinator - - - 1.85 1.85 1.85 Assistant Planning Director - - - - - - Total Planning Department 7.00 8.00 8.00 9.85 9.85 9.85 Engineering Town Engineer 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Director of Engineering - 1.00 1.00 1.00 1.00 1.00 CIP Engineering Division Manager 1.00 1.00 1.00 1.00 1.00 1.00 Traffic Division Manager 1.00 1.00 1.00 1.00 1.00 1.00 Civil Engineer 1.00 1.00 1.00 1.00 1.00 1.00 Environmental Project Manager 2.00 1.00 1.00 1.00 1.00 1.00 Engineering Specialist 3.00 3.00 3.00 3.00 3.00 3.00 Engineering Aide 1.00 1.00 1.00 1.00 1.00 1.00 CIP Engineering Division Manager - 1.00 1.00 1.00 1.00 1.00 Construction Manager - 2.00 2.00 2.00 2.00 2.00 Project Coordinator - 1.00 1.00 2.00 2.00 2.00 Construction Inspector - 2.00 2.00 2.00 2.00 2.00 Right of Way Inspector - 1.00 1.00 1.00 1.00 1.00 Project Control Specialist - 1.00 1.00 1.00 1.00 1.00 Project Manager - 1.00 1.00 1.00 1.00 1.00 Real Property Acquisition Agent - 1.00 1.00 1.00 1.00 1.00 Executive Assistant - 1.00 1.00 1.00 1.00 1.00 Traffic Engineer 1.00 1.00 1.00 - - - Senior Plans Examiner - - - - - - Plans Examiner - - - - - - Plans Review Technician - - - - - - Total Engineering 11.00 22.00 22.00 22.00 22.00 22.00 Amended Marana Regular Council Meeting 06/16/2015 Page 173 of 223 2013 2014 2014 2015 2015 2016 Actual Adopted Actual Adopted Estimated Final Police Chief of Police 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Chief of Police - - 1.00 1.00 1.00 1.00 Police Captain 1.00 1.00 - 1.00 1.00 1.00 Police Lieutenant 3.00 3.00 3.00 2.00 2.00 2.00 Police Sergeant 11.00 11.00 11.00 11.00 11.00 11.00 Police Officer 57.00 58.00 63.00 65.00 65.00 67.00 Police Records Supervisor 1.00 1.00 2.00 2.00 1.00 1.00 Police Telecommunications Supervisor 1.00 1.00 1.00 1.00 2.00 2.00 Dispatcher 12.00 12.00 12.00 12.00 12.00 12.00 Police Records Clerk 6.00 6.00 5.00 5.00 5.00 6.00 Crime Scene/Property & Evidence Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 Crime Analyst 1.00 1.00 1.00 1.00 1.00 1.00 Crime Scene Specialist 2.00 2.00 2.00 3.00 3.00 3.00 Executive Assistant - - 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 1.00 Transcriptionist - - 1.00 1.00 1.00 - Detective 5.00 5.00 - - - - Police Telecommunications Manager 1.00 1.00 - - - - Administrative Manager 1.00 1.00 - - - - Total Police Department 105.00 106.00 106.00 109.00 109.00 111.00 Courts Town Magistrate 1.00 1.00 1.00 1.00 1.00 1.00 Court Services Operations Specialist - - 1.00 1.00 1.00 1.00 Court Administrator 1.00 1.00 1.00 1.00 1.00 1.00 Court Probation Monitor 1.00 1.00 1.00 1.00 1.00 1.00 Court Security Guard 2.00 2.00 2.00 2.00 2.00 2.00 Court Collections Specialist 1.00 1.00 1.00 1.00 1.00 1.00 Court Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 Courtroom Specialist II 1.00 1.00 1.00 1.00 1.00 1.00 Courtroom Specialist I - - 1.00 1.00 1.00 1.00 Court Clerk 5.00 5.00 4.00 4.00 4.00 4.00 Executive Assistant 1.00 1.00 - - - - Total Courts 14.00 14.00 14.00 14.00 14.00 14.00 Public Works Administration Public Works Director 1.00 1.00 1.00 1.00 1.00 1.00 Traffic Operations Engineering Manager - 1.00 1.00 1.00 Community Response Manager 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Public Works Director - 1.00 1.00 - - - Public Services General Manager 1.00 - - - - - Contracts Analyst 1.00 - - - - - Senior Administrative Assistant 1.00 - - - - - Code Enforcement Division (10) Code Enforcement Officer 2.00 2.00 2.00 2.00 2.00 2.00 Fleet Division (20) Superintendent - - - - 1.00 Foreman 1.00 Small Engine Mechanic 1.00 1.00 1.00 1.00 1.00 1.00 Fleet Technician II 1.00 1.00 2.00 2.00 2.00 2.00 Fleet Technician I 1.00 1.00 - - - - Airport Operations Coordinator 1.00 1.00 1.00 1.00 - - Facilities & Fleet Services Manager - - - - - - Amended Marana Regular Council Meeting 06/16/2015 Page 174 of 223 2013 2014 2014 2015 2015 2016 Actual Adopted Actual Adopted Estimated Final Streets Division (30) Superintendent - - - - 1.00 Traffic Signal Technician III 1.00 1.00 1.00 1.00 1.00 1.00 Traffic Signal Technician II 1.00 1.00 1.00 1.00 1.00 1.00 Foreman 4.00 4.00 4.00 4.00 4.00 2.00 Equipment Operator 3.00 3.00 3.00 3.00 3.00 3.00 Maintenance Worker 3.00 3.00 3.00 3.00 3.00 3.00 Signs & Markings Technician 1.00 1.00 1.00 1.00 1.00 1.00 Inmate Services Coordinator 4.00 4.00 4.00 4.00 4.00 4.00 Laborer 5.00 5.00 5.00 5.00 5.00 5.00 Facilities Division (40) Superintendent 2.00 3.00 3.00 3.00 3.00 1.00 Foreman - - - - - 1.00 Senior Facilities Technician 1.00 1.00 1.00 1.00 1.00 1.00 Facilities Technician 1.00 1.00 1.00 1.00 1.00 2.00 Total Public Works Department 39.00 38.00 38.00 38.00 37.00 38.00 Capital Improvement Program Assistant Public Works Director 1.00 - - - - - Construction Division Manager 1.00 - - - - - Engineering Division Manager 1.00 - - - - - Construction Manager 2.00 - - - - - Construction Inspector 2.00 - - - - - Right of Way Inspector 1.00 - - - - - Acceptance Inspector 1.00 - - - - - Project Control Specialist 1.00 - - - - - Engineering Technician - - - - - - Capital Improvement Project (CIP) Manager 1.00 - - - - - Project Coordinator 1.00 - - - - - Total Capital Improvement Program 12.00 - - - - - Parks - Administration Parks and Recreation Director 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Parks and Recreation Director 1.00 1.00 1.00 1.00 1.00 1.00 Executive Assistant 1.00 1.00 1.00 1.00 1.00 1.00 Assets Coordinator - - 1.00 1.00 1.00 1.00 Parks and Recreation Services Clerk 2.75 2.75 2.75 2.75 2.75 2.75 Special Events Coordinator - - - 1.00 - - Total - Parks Administration 5.75 5.75 6.75 7.75 6.75 6.75 Parks - Recreation (20) Recreation Coordinator 5.00 5.00 4.00 4.00 4.00 4.00 Recreation Programmer 2.00 2.00 2.00 2.00 2.00 2.00 Recreation Assistant 0.75 0.75 0.75 0.75 0.75 0.75 Total Parks - Recreation 7.75 7.75 6.75 6.75 6.75 6.75 Parks - Maintenance (30) Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 Parks Maintenance Supervisor 1.00 1.00 2.00 2.00 2.00 2.00 Irrigation Control Specialist - - - - 1.00 Senior Maintenance Worker 9.00 9.00 9.00 10.00 10.00 11.00 Laborer 6.00 6.00 6.00 7.00 7.00 8.00 Foreman 1.00 1.00 - - - - Total Parks - Maintenance 18.00 18.00 18.00 20.00 20.00 23.00 Parks - Senior Programs (40) Recreation Programmer 1.00 1.00 1.00 1.00 1.00 1.00 Recreation Assistant 0.75 0.75 0.75 1.00 1.00 1.00 Total - Parks Senior Programs 1.75 1.75 1.75 2.00 2.00 2.00 Total Parks Department 33.25 33.25 33.25 36.50 35.50 38.50 Amended Marana Regular Council Meeting 06/16/2015 Page 175 of 223 2013 2014 2014 2015 2015 2016 Actual Adopted Actual Adopted Estimated Final Water Department Utilities Director 1.00 1.00 1.00 1.00 1.00 1.00 Assistant Director of Utilities 1.00 Utilities Business Services Coordinator 1.00 1.00 Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 Water Distribution Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 Water Production Supervisor - - - 1.00 1.00 1.00 Utilities Resource Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 Water Quality Inspector 1.00 1.00 1.00 1.00 1.00 1.00 Construction Inspector - - - 1.00 1.00 1.00 Electric Pump & Well Technician 1.00 1.00 1.00 1.00 1.00 1.00 Water Mechanic - - - 1.00 1.00 1.00 Water Utilities Operator II 5.00 5.00 5.00 5.00 5.00 6.00 Water Utilities Operator I 1.00 1.00 1.00 1.00 1.00 1.00 Civil Engineer - 1.00 1.00 1.00 1.00 1.00 Utility Billing Specialist 2.10 2.10 3.00 3.00 3.00 3.00 Utilities Technology Coordinator 1.00 1.00 1.00 1.00 1.00 1.00 Water Operations Manager 1.00 1.00 1.00 1.00 1.00 - Utilities Services Supervisor 1.00 1.00 1.00 1.00 - - Customer Service Specialist - - - - - - Utilities Customer Service Clerk 1.00 1.00 - - - - Total Water Department 18.10 19.10 19.00 22.00 22.00 23.00 Waste Water Department Water Reclamation Operations Manager 1.00 1.00 1.00 1.00 1.00 1.00 Chief Water Reclamation Operator 1.00 1.00 Water Reclamation Operator II 1.00 1.00 1.00 1.00 1.00 1.00 Water Reclamation Operator I - 1.00 1.00 1.00 1.00 1.00 Water Reclamation Supervisor - - 1.00 1.00 Principal Wastewater Plant Operator 1.00 1.00 - - - - Total Waste Water Department 3.00 4.00 4.00 4.00 4.00 4.00 Airport Operations Airport Director 1.00 Airport Operations Coordinator - - - 1.00 1.00 Airport Maintenance Worker - - - - - 1.00 Airport Manager 1.00 1.00 1.00 1.00 1.00 - - - - - - Total Airport Operations 1.00 1.00 1.00 1.00 2.00 3.00 TOTAL TOWN AUTHORIZED POSITIONS 313.33 319.33 319.08 328.33 328.33 338.73 Amended Marana Regular Council Meeting 06/16/2015 Page 176 of 223 PROJECT NAME 2015 - 2016 2016 - 2017 2017 - 2018 2018 - 2019 2019 - 2020 AERIE DRIVE PAVEMENT RECONSTRUCTION 35,000.00 800,000.00 AIRPORT MASTER PLAN UPDATE 300,000.00 AIRPORT SAFETY LIGHTING & SIGNAGE 1,030,000.00 AIRPORT TERMINAL 150,000.00 325,000.00 7,000,000.00 AVRA VALLEY RD PAVEMENT RECONSTRUCT 2,794,400.00 BLUE CROSSING WAY ROADWAY REPAIR 117,041.00 C.R. DISTRICT PARK 99-012 22,000.00 CAMINO DE MANANA (2001-5 48,000.00 CAMINO MARTIN / JEREMY PLACE RESTOR 767,258.00 CAP CANAL TRAILHEAD IMPROVEMENTS 80,000.00 CAP SUBCONTRACT - NIA REALLOCATION 133,000.00 133,000.00 133,000.00 133,000.00 CMO DE OESTE, THORYNDALE, WIDENING 95,000.00 40,000.00 1,400,000.00 COACHLINE RD, RECONSTRUCTION 120,000.00 1,955,000.00 CONSTRUCTED RECHARGE FOR EFFLUENT 2,590,660.00 CONTENTAL RANCH 12A-B, RECONSTRUCT 1,310,000.00 CONTINENTAL RANCH PARCEL 28 RECONST 116,107.00 CONTINENTAL RESERVE 24-INCH TIE-IN 255,750.00 1,446,000.00 CRACKER BARREL ROAD RESTORATION 859,441.00 FIRE PROTECTION WATER LINE 1,515,000.00 GLADDEN FARMS RD - RECONSTRUCTION 50,000.00 1,000,000.00 GUIDANCE SIGNAGE, REHABILITATE 589,143.00 HERITAGE PARK, FARM IMPROVEMENTS 281,669.00 HERITAGE PARK, PLAZA AND OTH IMPRV 7,900,000.00 3,204,735.00 7,545,539.00 7,754,202.00 HERITAGE PARK, RANCH 1,500,000.00 HERITAGE PARK, SPLASH PAD 1,695,935.00 INA RD BRIDGE 4,041,259.00 INA RD PAVEMENT RECONSTRUCTION 107,000.00 2,283,430.00 INA RD RIGHT TURNBAYS ONTO THORNYDA 816,546.00 INA RD SIDEWALK-MEREDITH TO THORNYD 80,000.00 INA RD, RT TURNBAY TO OLDFATHER RD 448,000.00 INTEGRATED TELEMETRY & SCADA 1,219,750.00 LAND ACQUISITION FOR APPROACHES 150,000.00 5,100,000.00 LUCKETT RD EXTENSION 625,553.00 MARANA MAIN ST ROUNDABOUT RECONSTRC 209,000.00 MARANA PARK WELL 607,500.00 MARANA PUBLIC SAFETY FACILITY 5,900,000.00 9,900,000.00 7,000,000.00 MARANA ROAD REALIGNMENT 1,667,000.00 MARANA WATER RECLAIM 1MGD EXPANSION 1,000,000.00 11,000,000.00 MARANA WRF EXPANSION 500,000.00 MOORE ROAD IMPROVEMENTS (2014)306,911.00 ORA MAE HARN PARK BALL FIELD IMPRV 212,000.00 388,000.00 166,000.00 ORA MAE HARN PARK PARKING RECONSTRC 235,000.00 ORA MAE HARN PARK POOL RENOVATION 280,000.00 3,010,000.00 PAVEMENT PRESERVATION 232,000.00 PICTURE ROCKS INTERCONNECT 902,010.00 REHAB TRANSNT, TD, HELI, TERMNL APR 834,000.00 6,380,000.00 REHABILITATE TAXIWAY C 100,000.00 850,000.00 RUNWAY 12-30, TAXIWAY A, EXTEND E 225,000.00 100,000.00 800,000.00 SANDARIO ROAD SIDEWALK/PATH 72,320.00 SANTA CRUZ SHARED III (2009-16)1,303,335.00 SANTA CRUZ SUP EL RIO TO AVRA VAL 1,210,406.00 SCADA AND INTEGRATED TELEMETRY 1,000,450.00 997,500.00 740,675.00 521,400.00 533,250.00 SILVERBELL RD SIDEWALK, TP TO COACH 20,000.00 290,000.00 SILVERBELL ROAD (1999-50)3,115.00 TANGERINE COORIDOR COMMUNITY PARK 3,208,670.00 TANGERINE RD COORIDOR, I10 TO TOWN 17,822,070.00 29,511,980.00 3,965,000.00 TANGERINE W, X-ZONE BOOSTER & PRV 1,067,925.00 TANGERINE X-ZONE 16" WATER MAIN 444,226.00 TANGERINE X-ZONE RESRVR/BOOST UPGRD 1,437,065.00 TANGERINE/DOWNTWN SEWER CONVEY SYS 6,322,638.00 TAXIWAY C, MEDIUM TAXIWAY LIGHTS 200,000.00 THORNYDALE N TO SAG RANCH RESTOR 384,632.00 THORNYDALE RD, SAG RANCH RESTOR 4,485.00 TWIN PEAKS INTERCHANGE (01-4 12,902.00 TWIN PEAKS RD SHARED USE PATH ACCES 330,000.00 TWIN PEAKS RESERV, BOOSTER STATION 525,000.00 TWIN PEAKS WELL 513,471.00 UPDATE TO FAR PART 150 NOISE STUDY 300,000.00 W+ZONE I-10 16", SANLUCAS INTRCNNCT 969,580.00 TOTALS: 73,656,573.00 65,843,465.00 26,528,644.00 23,203,002.00 9,381,250.00 Town of Marana Proposed 5 Year Capital Improvement Program Amended Marana Regular Council Meeting 06/16/2015 Page 177 of 223 Page 1 of 4 Town of Marana Fiscal Year 2016 Compensation Adjustments The Fiscal Year 2016 budget includes pay adjustments for projected salary market movement and performance. These adjustments take into consideration the Town’s pay philosophy to maintain a competitive position in the market and to recognize and reward employees for ongoing satisfactory and excellent performance in their work. Each pay adjustment is described below. 2% Market Adjustment Effective June 27, 2015 The Fiscal Year 2016 budget contains funding to grant eligible employees a 2% market- based pay increase. This action will contribute to accomplishing the Town’s strategic goal for attracting and retaining quality professional staff. With the exception of the Temporary salary schedule used to pay seasonal staff, all other Town salary structures will be increased by 2%. Eligibility 1. Regular full- and part-time classified and unclassified employees, and term-limited temporary and short-term temporary employees paid from the salary schedule for Classified or Unclassified Positions, are eligible to receive this market adjustment in accordance with the implementation criteria listed below. 2. Employees (e.g. lifeguards, sports officials, interns, etc.) paid from the temporary salary schedule are not eligible to receive the increase. 3. Contract employees’ (Town Manager and Town Magistrate) eligibility shall be determined as set forth in the respective employment agreement approved by the Council. Definitions Employees are paid according to the Town’s compensation plan as follows: 1. Regular full- and part-time classified service employees a. Open pay grades (grades with a minimum and maximum pay rate) b. Grades containing steps with specific salary amounts (public safety) 2. Unclassified service employees a. At-will employees paid an annual salary within open pay grades 3. Temporary employees a. At-will employees paid either an hourly salary within an open pay grade or an hourly rate with no grade. Amended Marana Regular Council Meeting 06/16/2015 Page 178 of 223 Page 2 of 4 Implementation 1. Regular full- and part-time classified and unclassified employees within open pay grades a. The open pay grade salary structure will increase by 2%. Employees’ salaries will increase up to 2% within the existing pay grade provided the salary increase does not exceed the maximum of the grade. Additionally, there will be no lump sum payment for any amount in excess of the grade maximum. 2. Regular full- and part-time sworn employees in grades containing steps a. The salary step structure will increase by 2%. Employees paid on a step will receive the 2% structure adjustment. Employees will not advance to the next step in the grade as a result due to this structure adjustment. 3. Temporary employees a. Term-limited temporary and short-term employees paid from the salary schedule for Classified or Unclassified Positions: salaries will increase up to 2% within the existing pay grade provided the salary increase does not exceed the maximum of the grade. Additionally, there will be no lump sum payment for any amount in excess of the grade maximum. b. Employees paid from the temporary salary schedule are not eligible for this increase. 4. Calculation of the increase will be based on an employee’s regular base pay rate and exclusive of other types of compensation (e.g. special assignment pay, overtime pay, shift differential, etc.) Pay Administration 1. Employees will receive the market adjustment increase with the July 17, 2015 paycheck. 2. Compensation will be paid in accordance with the Town’s bi-weekly regular payroll cycle. 3. Compensation will be subject to normal payroll taxes and other regular payroll deductions. 4. Compensation will be subject to pension contributions as provided by state law. 5. Federal and state withholding will be calculated based on the current exemptions on file. Performance Based Adjustment – Effective September 11, 2015 In accordance with the Town’s total compensation philosophy and the Town’s ability to pay, performance based adjustments will be granted to eligible employees. This adjustment recognizes employees who demonstrate performance excellence in their work. Eligibility 1. Regular full-and part-time classified and unclassified employees hired on or before July 1, 2014 are eligible to receive a full 1.5% performance based adjustment to pay (added Amended Marana Regular Council Meeting 06/16/2015 Page 179 of 223 Page 3 of 4 to base salary). Employees hired between July 2, 2014 and December 31, 2014 are eligible to receive pro-rated adjustments. 2. Employees hired on or after January 1, 2015 are not eligible for performance based adjustments. 3. Part-time classified and unclassified employees and employees hired between July 2, 2014 and December 31, 2014 are eligible to receive a prorated one-time performance based adjustment payment. 4. Term-limited temporary, short-term temporary employees, the Town Manager, and the Town Magistrate are not eligible to receive a performance based adjustment. Performance Based Adjustment Distribution Eligible employees may be granted the following percentage adjustment to base pay and a one time performance based adjustment on the annual evaluation overall score as follows: Performance Review Overall Score Performance Rating Description Performance Based Adjustments Did Not Meet Expectations (0.0 – 1.5) Performance was less than expectations for the positon. Performance must improve to fully meet the expectations and cultural values to be a contributor to maintaining an organization of excellence. No adjustment Fully Met Expectations (1.51 – 2.50) Performance clearly and fully met all expectations of the position. It has been evaluated as solid performance in the position. Individual exhibits the cultural values in their performance and is a solid contributor to maintaining an organization of excellence. 1.5% (added to base salary) Exceeded Expectations (2.51 – 3.0) Performance frequently exceeded expectations of the position. Accomplishments were regularly above expected levels. Individual is a leader in representing the cultural values supporting an organization of excellence. 1.5% (added to base salary) + one- time performance based adjustment payment (not added to base salary) Amended Marana Regular Council Meeting 06/16/2015 Page 180 of 223 Page 4 of 4 Implementation 1. Performance evaluations will reflect work performed for fiscal year 2015 (July 1, 2014 – June 30, 2015). Managers/supervisors will complete annual evaluations for their employees no later than August 14, 2015. Regular full- and part-time classified and unclassified employees are eligible to receive an increase to their base salaries by 1.5% within the existing pay grade provided the salary increase does not exceed the maximum of the grade. A lump sum payment will be granted for any amount in excess of the grade maximum. 2. Regular full and part-time employees hired between July 2, 2014 and December 31, 2014 are eligible to receive prorated performance based pay adjustments. 3. Calculation of the increase will be based on an employee’s regular base pay rate and exclusive of other types of compensation (i.e. special assignment pay, overtime pay, shift differential, etc.) 4. The amount of the one time performance based adjustment payment to employees meeting the Exceeded Expectations performance category will be determined after all evaluations are completed (the one-time payment amount will be the same for all employees that achieve Exceeded Expectations rating and will be prorated for part-time eligible employees). One-time performance based payment amount is not to exceed $1,500. Pay Administration 1. Employees will receive the performance based increase on the September 11, 2015 paycheck. The one-time performance based adjustment payment will be made by separate check. 2. Compensation will be paid in accordance with the Town’s bi-weekly regular payroll cycle. 3. Compensation will be subject to normal payroll taxes and other regular payroll deductions. 4. Compensation will be subject to pension contributions as provided by state law. 5. Federal and state withholding will be calculated based on the current exemptions on file. Amended Marana Regular Council Meeting 06/16/2015 Page 181 of 223  Item   A 2            To:Mayor and Council From:Erik Montague, Finance Director Date:June 16, 2015 Strategic Plan Focus Area: Community Subject:PUBLIC HEARING: Resolution No. GFCFD 2015-02: [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016. Discussion: On May 19, 2015 the Board of Directors adopted a tentative budget for Gladden Farms Community Facilities District (GFCFD). The tentative and final budget include an ad valorem tax levy of $2.80 per one hundred ($100) of assessed valuation. After conducting a public hearing, the District Board is being asked to adopt Resolution GFCFD 2015-02, adopting the final budget and establishing an ad valorem tax levy of $2.80 per one hundred ($100) of assessed valuation for fiscal year 2015-2016. Financial Impact: Fiscal Year:2016 Budgeted Y/N: Amount:$1,929,424 Establishment of the final budget for fiscal year 2015-2016. Staff Recommendation: Staff recommends adoption of Resolution GFCFD 2015-02, adopting the final budget for fiscal Amended Marana Regular Council Meeting 06/16/2015 Page 182 of 223 Staff recommends adoption of Resolution GFCFD 2015-02, adopting the final budget for fiscal year 2015-2016. Suggested Motion: I move to adopt Resolution GFCFD 2015-02, adopting the final budget for the Gladden Farms Community Facilities District for fiscal year 2015-2016. Attachments: 2016GFCFD Final Budget Resolution 2016GFCFD_Final Budget 2016GFCFD_Published Notice Amended Marana Regular Council Meeting 06/16/2015 Page 183 of 223 RESOLUTION NO. GFCFD 2015-02 A RESOLUTION OF THE DISTRICT BOARD OF THE GLADDEN FARMS COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET BY THE GLADDEN FARMS COMMUNITY FACILITIES DISTRICT BOARD FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. WHEREAS, in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 19, 2015 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS, it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 16, 2015, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Gladden Farms Community Facilities District budget in the amount of $1,929,424 is hereby adopted as the budget of the Gladden Farms Community Facilities District, Pima County, Arizona for the fiscal year 2015-2016. PASSED AND ADOPTED by the District Board of Gladden Farms Community Facilities District, Pima County, Arizona, this 16 th day of June, 2015. ________________________________ Ed Honea, District Chairman ATTEST: ________________________________ Jocelyn C. Bronson, District Clerk APPROVED AS TO FORM: ________________________________ Frank Cassidy, District Counsel Attachment: Statements & Schedules Amended Marana Regular Council Meeting 06/16/2015 Page 184 of 223 GLADDEN FARMS COMMUNITY FACILITIES DISTRICT (GFCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2015-16 FY 2015 FY 2015 FY 2015 Adopted Amended Estimated FY 2016 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating)47,184$ 47,184$ 47,184$ 51,152$ Property Tax- Secondary (Debt Service)393,196 393,196 385,332 426,267 Developer Contributions 387,707 387,707 312,571 275,005 Total Revenues 828,087 828,087 745,087 752,424 EXPENDITURES CFD Administration 5,000 5,000 3,750 5,000 Costs of Issuance 100,000 100,000 - 100,000 Accounting/Auditing 2,500 2,500 1,150 2,500 Public Notification Expenses 1,000 1,000 52 1,000 Consultant Services 15,000 15,000 4,000 15,000 Outside Legal Counsel 5,000 5,000 - 5,000 Debt Service 697,903 697,903 697,903 695,272 Trustee Fees 6,000 6,000 4,500 6,000 Capital Improvements Acquisition 900,000 900,000 - 900,000 Maintenance and Operation 45,684 45,684 - 149,652 Replacement Reserve 50,000 50,000 - 50,000 Total Expenditures 1,828,087 1,828,087 711,355 1,929,424 Excess (Deficiency) of Revenues (1,000,000) (1,000,000) 33,732 (1,177,000) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds 1,000,000 1,000,000 - 1,000,000 Total Other Financing Sources 1,000,000 1,000,000 - 1,000,000 Excess (Deficiency) of Revenues and - - 33,732 (177,000) Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 583,482 583,482 644,350 678,082 Amended Marana Regular Council Meeting 06/16/2015 Page 185 of 223 GLADDEN FARMS COMMUNITY FACILITIES DISTRICT (GFCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2015-16 ENDING FUND BALANCE 583,482$ 583,482$ 678,082$ 501,082$ Amended Marana Regular Council Meeting 06/16/2015 Page 186 of 223 GLADDEN FARMS COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF THE GLADDEN FARMS COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM THE TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2015-2016 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of the Gladden Farms Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter-approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2015-2016 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes §§48-716 and 48-723. Such hearing will be held by the District Board on Tuesday, June 16, 2015, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382-1900. Dated this 1st day of June, 2015 /s/ Gilbert Davidson ………………………………….. District Manager Gladden Farms Community Facilities District Published: June 1st, 2015 Amended Marana Regular Council Meeting 06/16/2015 Page 187 of 223  Item   A 3            To:Mayor and Council From:Erik Montague, Finance Director Date:June 16, 2015 Strategic Plan Focus Area: Community Subject:PUBLIC HEARING: Resolution No. GFCFD2 2015-02: [Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms (Phase II) Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms (Phase II) Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016. Discussion: On May 19, 2015 the District Board adopted a tentative budget for Gladden Farms (Phase II) Community Facilities District (GFCFD2). The final budget will include an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation for operations and maintenance costs of the district for fiscal year 2015-2016. After conducting a public hearing, the District Board is being asked to adopt Resolution GFCFD2 2015-02, adopting the final budget. Financial Impact: Fiscal Year:2016 Budgeted Y/N: Amount:$213 Establishment of the final budget for fiscal year 2015-2016. Staff Recommendation: Staff recommends adoption of Resolution GFCFD2 2015-02, adopting the final budget for fiscal Amended Marana Regular Council Meeting 06/16/2015 Page 188 of 223 Staff recommends adoption of Resolution GFCFD2 2015-02, adopting the final budget for fiscal year 2015-2016. Suggested Motion: I move to adopt Resolution GFCFD2 2015-02, adopting the final budget for the Gladden Farms (Phase II) Community Facilities District for fiscal year 2015-2016. Attachments: 2016GFCFD2_Final Budget Resolution 2016GFCFD2_Final Budget 2016GFCFD2_Published Notice Amended Marana Regular Council Meeting 06/16/2015 Page 189 of 223 RESOLUTION NO. GFCFD2 2015-02 A RESOLUTION OF THE DISTRICT BOARD OF THE GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET BY THE GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT BOARD FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. WHEREAS, in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 19, 2015 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS, it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 16, 2015, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Gladden Farms (Phase II) Community Facilities District budget in the amount of $213 is hereby adopted as the budget of the Gladden Farms Community Facilities District, Pima County, Arizona for the fiscal year 2015-2016. PASSED AND ADOPTED by the District Board of Gladden Farms Community Facilities District, Pima County, Arizona, this 16 th day of June, 2015. ________________________________ Ed Honea, District Chairman ATTEST: ________________________________ Jocelyn C. Bronson, District Clerk APPROVED AS TO FORM: ________________________________ Frank Cassidy, District Counsel Attachment: Statements & Schedules Amended Marana Regular Council Meeting 06/16/2015 Page 190 of 223 GLADDEN FARMS (Phase II) COMMUNITY FACILITIES DISTRICT (GFCFD2) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2015-16 FY 2015 FY 2015 FY 2015 Adopted Amended Estimated FY 2016 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating)184$ 184$ 180$ 183$ Property Tax- Secondary (Debt Service)- - - - Developer Contributions - - - - Total Revenues 184 184 180 183 EXPENDITURES CFD Administration 100 100 100 100 Costs of Issuance - - - - Accounting/Auditing - - - - Public Notification Expenses 52 52 50 52 Consultant Services 278 278 - - Outside Legal Counsel - - - - Debt Service - - - - Trustee Fees - - - - Capital Improvements Acquisition - - - - Maintenance and Operation 48 48 - 61 Replacement Reserve - - - - Total Expenditures 478 478 150 213 Excess (Deficiency) of Revenues (294) (294) 30 (30) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds - - - - Total Other Financing Sources - - - - Excess (Deficiency) of Revenues and (294) (294) 30 (30) Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 25,027 25,027 25,000 25,030 ENDING FUND BALANCE 24,733$ 24,733$ 25,030$ 25,000$ Amended Marana Regular Council Meeting 06/16/2015 Page 191 of 223 GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM THE TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2015-2016 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of Gladden Farms (Phase II) Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter-approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2015-2016 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes §§48-716 and 48-723. Such hearing will be held by the District Board on Tuesday, June 16, 2015, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382-1900. Dated this 1st day of June, 2015 /s/ Gilbert Davidson ………………………………….. District Manager Gladden Farms (Phase II) Community Facilities District Published: June 1st, 2015 Amended Marana Regular Council Meeting 06/16/2015 Page 192 of 223  Item   A 4            To:Mayor and Council From:Erik Montague, Finance Director Date:June 16, 2015 Strategic Plan Focus Area: Community Subject:PUBLIC HEARING: Resolution No. SSCFD 2015-02: [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of the Saguaro Springs Community Facilities District, Pima County, Arizona, approving the final budget for the Saguaro Springs Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016. Discussion: On May 19, 2015 the Board of Directors adopted a tentative budget for Saguaro Springs Community Facilities District (SSCFD). The tentative and final budget include an ad valorem tax levy of $2.80 per one hundred ($100) of assessed valuation. After conducting a public hearing, the District Board is being asked to adopt Resolution SSCFD 2015-02, adopting the final budget and establishing an ad valorem tax levy of $2.80 per one hundred ($100) of assessed valuation for FY 2015-2016. Should debt not be issued in time for 2015-2016, the levy will be $0.30 per one hundred of assessed valuation for operations and maintenance. Financial Impact: Fiscal Year:2016 Budgeted Y/N: Amount:$4,892,000 Establishment of the final budget for fiscal year 2015-2016. Staff Recommendation: Amended Marana Regular Council Meeting 06/16/2015 Page 193 of 223 Staff recommends adoption of Resolution SSCFD 2015-02, adopting the final budget for fiscal year 2015-2016. Suggested Motion: I move to adopt Resolution SSCFD 2015-02, adopting the final budget for the Saguaro Springs Community Facilities District for fiscal year 2015-2016. Attachments: 2016SSCFD_Final Budget Resolution 2016SSCFD_Final Budget 2016SSCFD_Published Notice Amended Marana Regular Council Meeting 06/16/2015 Page 194 of 223 RESOLUTION NO. SSCFD 2015-02 A RESOLUTION OF THE DISTRICT BOARD OF THE SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET BY THE SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT BOARD FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. WHEREAS, in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 19, 2015 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS, it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 16, 2015, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Saguaro Springs Community Facilities District budget in the amount of $4,892,000 is hereby adopted as the budget of the Saguaro Springs Community Facilities District, Pima County, Arizona for the fiscal year 2015-2016. PASSED AND ADOPTED by the District Board of Saguaro Springs Community Facilities District, Pima County, Arizona, this 16 th day of June, 2015. ________________________________ Ed Honea, District Chairman ATTEST: ________________________________ Jocelyn C. Bronson, District Clerk APPROVED AS TO FORM: ________________________________ Frank Cassidy, District Counsel Attachment: Statements & Schedules Amended Marana Regular Council Meeting 06/16/2015 Page 195 of 223 SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT (SSCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2015-16 FY 2015 FY 2015 FY 2015 Adopted Amended Estimated FY 2016 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating)5,064$ 5,064$ 4,912$ 7,914$ Property Tax- Secondary (Debt Service)42,197 42,197 - 65,951 Developer Contributions 136,739 136,739 - 318,135 Total Revenues 184,000 184,000 4,912 392,000 EXPENDITURES CFD Administration 10,000 10,000 2,250 10,000 Costs of Issuance 200,000 200,000 - 450,000 Accounting/Auditing 2,500 2,500 350 2,500 Public Notification Expenses 2,000 2,000 52 2,000 Consultant Services 15,000 15,000 - 15,000 Outside Legal Counsel 10,000 10,000 - 10,000 Debt Service 42,000 42,000 - 250,000 Trustee Fees 2,500 2,500 - 2,500 Capital Improvements Acquisition 1,795,000 1,795,000 - 4,000,000 Maintenance and Operation 5,000 5,000 - 50,000 Replacement Reserve 100,000 100,000 - 100,000 Total Expenditures 2,184,000 2,184,000 2,652 4,892,000 Excess (Deficiency) of Revenues (2,000,000) (2,000,000) 2,260 (4,500,000) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds 2,000,000 2,000,000 - 4,500,000 Total Other Financing Sources 2,000,000 2,000,000 - 4,500,000 Excess (Deficiency) of Revenues and - - 2,260 - Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 30,260 30,260 3,000 5,260 Amended Marana Regular Council Meeting 06/16/2015 Page 196 of 223 SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT (SSCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2015-16ENDING FUND BALANCE 30,260$ 30,260$ 5,260$ 5,260$ Amended Marana Regular Council Meeting 06/16/2015 Page 197 of 223 SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM THE TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2015-2016 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of Saguaro Springs Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter-approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2015-2016 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes §§48-716 and 48-723. Such hearing will be held by the District Board on Tuesday, June 16, 2015, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382-1900. Dated this 1st day of June, 2015 /s/ Gilbert Davidson ………………………………….. District Manager Saguaro Springs Community Facilities District Published: June 1st, 2015 Amended Marana Regular Council Meeting 06/16/2015 Page 198 of 223  Item   A 5            To:Mayor and Council From:Erik Montague, Finance Director Date:June 16, 2015 Strategic Plan Focus Area: Community Subject:PUBLIC HEARING: Resolution No. VFCFD 2015-02: [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal year beginning July 1, 2015 and ending June 30, 2016. Discussion: On May 19, 2015, the Board of Directors adopted a tentative budget for Vanderbilt Farms Community Facilities District (VFCFD) in the amount of $30,189. The tentative and final budget include an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation. The debt component $2.50 per $100 of assessed valuation will not be levied as no general obligation debt has been issued. After conducting a public hearing, the District Board is being asked to adopt Resolution VFCFD 2015-02, adopting the final budget and establishing an ad valorem tax levy of $0.30 per one hundred ($100) of assessed valuation for fiscal year 2015-2016. Financial Impact: Fiscal Year:2016 Budgeted Y/N: Amount:$32,566 Establishment of the final budget for fiscal year 2015-2016. Staff Recommendation: Staff recommends adoption of Resolution VFCFD 2015-02, adopting the final budget for fiscal Amended Marana Regular Council Meeting 06/16/2015 Page 199 of 223 Staff recommends adoption of Resolution VFCFD 2015-02, adopting the final budget for fiscal year 2015-2016. Suggested Motion: I move to adopt Resolution VFCFD 2015-02, adopting the final budget for the Gladden Farms Community Facilities District for fiscal year 2015-2016. Attachments: 2016VFCFD_Final Budget Resolution 2016VFCFD_Final Budget 2016VFCFD_Published Notice Amended Marana Regular Council Meeting 06/16/2015 Page 200 of 223 RESOLUTION NO. VFCFD 2015-02 A RESOLUTION OF THE DISTRICT BOARD OF THE VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT, PIMA COUNTY, ARIZONA, APPROVING THE FINAL BUDGET BY THE VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT BOARD FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. WHEREAS, in accordance with Title 48, Section 716, Arizona Revised Statutes, and following public notice, the Board met on May 19, 2015 at which meeting any taxpayer in the District was privileged to appear and be heard in favor of or against any of the proposed expenditures or tax levies; and WHEREAS, it appears that publication has been duly made, as required by law, of said proposed budget together with a notice that the District Board would meet on June 16, 2015, at or after 7:00 P.M., in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona, for the purpose of making tax levies as set forth in said estimates; and NOW THEREFORE, BE IT RESOLVED that the Vanderbilt Farms Community Facilities District budget in the amount of $32,566 is hereby adopted as the budget of the Vanderbilt Farms Community Facilities District, Pima County, Arizona for the fiscal year 2015-2016. PASSED AND ADOPTED by the District Board of Vanderbilt Farms Community Facilities District, Pima County, Arizona, this 16 th day of June, 2015. ________________________________ Ed Honea, District Chairman ATTEST: ________________________________ Jocelyn C. Bronson, District Clerk APPROVED AS TO FORM: ________________________________ Frank Cassidy, District Counsel Attachment: Statements & Schedules Amended Marana Regular Council Meeting 06/16/2015 Page 201 of 223 VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT (VFCFD) FINAL BUDGET AND SUMMARY SCHEDULE OF ESTIMATED REVENUES AND EXPENDITURES FISCAL YEAR 2015-16 FY 2015 FY 2015 FY 2015 Adopted Amended Estimated FY 2016 REVENUES Budget Budget Acutal Budget Property Tax - General (Operating)2,689$ 2,689$ 2,635$ 2,727$ Property Tax- Secondary (Debt Service)- - - - Developer Contributions 27,500 27,500 - 27,500 Total Revenues 30,189 30,189 2,635 30,227 EXPENDITURES CFD Administration 500 500 250 500 Costs of Issuance - - - - Accounting/Auditing 2,500 2,500 - 2,500 Public Notification Expenses 50 50 46 50 Consultant Services 15,000 15,000 - 15,000 Outside Legal Counsel 10,000 10,000 - 10,000 Debt Service - - - - Trustee Fees - - - - Capital Improvements Acquisition - - - - Maintenance and Operation 2,139 2,139 - 4,516 Replacement Reserve - - - - Total Expenditures 30,189 30,189 296 32,566 Excess (Deficiency) of Revenues - - 2,339 (2,339) Over (Under) Expenditures Other Financing Sources (Uses) Bond Proceeds - - - - Total Other Financing Sources - - - - Excess (Deficiency) of Revenues and - - 2,339 (2,339) Other Financing Sources Over (Under) Expenditures and Other Financing Uses BEGINNING FUND BALANCE 27,471 27,471 25,000 27,339 ENDING FUND BALANCE 27,471$ 27,471$ 27,339$ 25,000$ Amended Marana Regular Council Meeting 06/16/2015 Page 202 of 223 VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT NOTICE OF FILING STATEMENTS AND ESTIMATES AND NOTICE OF PUBLIC HEARING NOTICE OF FILING STATEMENTS AND ESTIMATES OF THE OPERATION AND MAINTENANCE EXPENSES OF THE VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT, THE COSTS OF CAPITAL IMPROVEMENTS TO BE FINANCED BY THE AD VALOREM TAX LEVY, AND THE AMOUNT OF ALL OTHER EXPENDITURES FOR PUBLIC INFRASTRUCTURE AND ENHANCED MUNICIPAL SERVICES PROPOSED TO BE PAID FROM THE TAX LEVY AND OF THE AMOUNT TO BE RAISED TO PAY GENERAL OBLIGATION BONDS OF THE DISTRICT; AND NOTICE OF A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2015-2016 BUDGET OF THE DISTRICT, INCLUDING A HEARING ON THOSE PORTIONS OF THE STATEMENTS AND ESTIMATES NOT RELATING TO DEBT SERVICE ON GENERAL OBLIGATION BONDS. Notice is hereby given that statements and estimates have been filed in the Office of the District Clerk of the Vanderbilt Farms Community Facilities District of the operation and maintenance expenses of the District, the costs of capital improvements to be financed by the voter-approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the District, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the District. Notice is further given of a public hearing on the proposed Fiscal Year 2015-2016 budget of the District, including (but not limited to) a hearing on those portions of the statements and estimates not relating to debt service on general obligation bonds, all pursuant to Arizona Revised Statutes §§48-716 and 48-723. Such hearing will be held by the District Board on Tuesday, June 16, 2015, at or after 7:00 p.m. in the council chambers of the Town of Marana Civic Center, 11555 W. Civic Center Drive, Marana, Arizona. Copies of the budget are available from the Office of the District Treasurer, 11555 W. Civic Center Drive, Town of Marana, Arizona 85653, telephone number: (520) 382-1900. Dated this 1st day of June, 2015 /s/ Gilbert Davidson ………………………………….. District Manager Vanderbilt Farms Community Facilities District Published: June 1st, 2015 Amended Marana Regular Council Meeting 06/16/2015 Page 203 of 223  Item   A 6            To:Mayor and Council From:Lisa Shafer, Community Development Director Date:June 16, 2015 Strategic Plan Focus Area: Not Applicable Subject:Ordinance 2015.014: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to increase dog licensing fees; and declaring an emergency (Lisa Shafer) Discussion: The Town of Marana currently has and Intergovernmental Agreement (IGA) with Pima County through Pima Animal Care Center (PACC) to collect dog licensing fees from Town of Marana residents. The dog licensing fees are listed in the Town's Comprehensive Fee Schedule and reflect the same fees that unincorporated residents pay the County. All licensing fee revenue received by PACC from Marana residents is paid to the Town on a monthly basis. On May 19, 2015, the Pima County Board of Supervisors voted to increase all dog licensing fees by $1.00 per year for the next five years. The last time the licensing fee was increased was in 2009. Staff is requesting that the Town Council adopt the same fee increases to Marana's Comprehensive Fee Schedule. Based on the number of dogs that Marana residents currently license each year, the $1 increase for FY 2016 is expected to generate approximately $4,500 in additional revenues for the Town. By year five (FY 2020) the anticipated additional revenue would be approximately $22,500. The table below represents the current fees being charged as well as the proposed fees each year of the increase. The $1 increases would take place each year on July 1st. Fee/Description Current Amount FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Dog License Fees; Unaltered Dog; Standard Fee $60.00 $61.00 $62.00 $63.00 $64.00 $65.00 Dog License Fees; Unaltered Dog; Senior/Disabled Fee $17.00 $18.00 $19.00 $20.00 $21.00 $22.00 Amended Marana Regular Council Meeting 06/16/2015 Page 204 of 223 Dog License Fees; Altered Dog; Standard Fee $15.00 $16.00 $17.00 $18.00 $19.00 $20.00 Dog License Fees; Altered Dog; Senior/Disabled Fee $10.00 $11.00 $12.00 $13.00 $14.00 $15.00 Dog License Fees; Dog Declared Vicious, Destructive and/or Dangerous $100.00 $101.00$102.00$103.00$104.00$105.00 Through March of this fiscal year, the Town has received $69,165.92 in dog licensing fees. During this same time period, the Town has paid Pima County $140,877.46 for Animal Care services provided to the Town by PACC. Currently the revenues received from licensing fees cover approximately 49% of the charges the Town is charged for animal care services. Financial Impact: Fiscal Year:2016 Budgeted Y/N:Y Amount:$4,500 This fee increase would increase revenues by approximately $4,500 for FY 2016. Staff Recommendation: Staff recommends approving this change to the Comprehensive Fee Schedule. Suggested Motion: I move to adopt Ordinance 2015.014, amending the Town of Marana Comprehensive Fee Schedule to increase dog licensing fees; and declaring an emergency. Attachments: Ordinance No. 2015.014 County Fee Increase Ordinance Amended Marana Regular Council Meeting 06/16/2015 Page 205 of 223 Marana Ordinance No. 2015.014 - 1 - MARANA ORDINANCE NO. 2015.014 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE TO INCREASE DOG LICENSING FEES; AND DECLARING AN EMERGENCY 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 has adopted a comprehensive fee schedule for the Town of Marana; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town of Marana comprehensive fee schedule is hereby amended as follows (with deletions shown with strikeouts and additions shown with double underlining) (only amendments to the fee schedule are shown; the remainder of the fee schedule is unchanged): Fee/Description Amount Unit of Measure Miscellaneous Dog License Fees; Unaltered Dog; Standard Fee $60.0061.00 Per animal Dog License Fees; Unaltered Dog; Senior/Disabled Fee $17.0018.00 Per animal Dog License Fees; Altered Dog; Standard Fee $15.0016.00 Per animal Dog License Fees; Altered Dog; Senior/Disabled Fee $10.0011.00 Per animal Dog License Fees; Dog Declared Vicious, Destructive and/or Dangerous $100.00101.00 Per animal SECTION 2. Effective July 1, 2016, the dog license fees set forth in Section 1 above will increase on July 1 of each year by one dollar per year through July 1, 2019. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this Amended Marana Regular Council Meeting 06/16/2015 Page 206 of 223 Marana Ordinance No. 2015.014 - 2 - repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 5. 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 6. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 207 of 223 ORDINANCE 2015---=2=2 __ AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, RELATING TO ANIMALS; AMENDING PIMA COUNTY CODE CHAPTER 6.04 TO INCREASE DOG LICENSING FEES THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, FINDS THAT: 1. The Board of Supervisors has authority under A.R.S. § 11-1008 to set dog licensing fees. 2. It is in the best interests of the County to eliminate the reduced low-income licensing fee for unaltered dogs in order to encourage all dog owners to spay or neuter their pets. 3. It is in the best interests of the County to increase dog licensing fees to offset cost increases associated with operating the licensing program, sheltering unwanted and homeless pets, and providing animal welfare and rabies control enforcement service to the community. THEREFORE BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA: SECTION 1: Section 1 of Ordinance No. 2011-69 and subsections 6.04.070(B) and (H) of the Pima County Code are amended to read as follows: CHAPTER 6.04 ANIMAL CONTROL REGULATIONS 6.04.070 -Dog vaccinating, licensing and permitting procedure and fees within county limits. B. The licensing fees for dogs three months of age or over which are kept within the boundaries of the county for at least thirty consecutive days are as follows: 1. Regular, unaltered dog-sixty dollars. 1 of 2 Animal Control -Dog Licensing Fees Amended Marana Regular Council Meeting 06/16/2015 Page 208 of 223 2. Regular, altered dog-fifteen dollars. 3. Dogs declared dangerous or vicious-one hundred dollars. 4. Senior/disabled citizen owner, unaltered dog (limit four discounted dog licenses per household)-seventeen dollars. 5. Senior/disabled citizen owner, altered dog (limit four discounted dog licenses per household)-ten dollars. 6. Dogs ten years of age or older-fifteen dollars. 7. A dog ovmer v1ith a household income below the federal poverty level is eligible for a one time twenty seven dollar unaltered dog licensing fee per dog. zg_ A dog owner with a household income below the federal poverty level is eligible for an eight dollar dog licensing fee per altered dog (limit four discounted dog licenses per household). §.9. A guide dog belonging to a blind person who is a resident within Pima County, or a dog certified, in writing, as being trained to the standards of a service animal by a nationally recognized service dog training agency belonging to a resident within Pima County shall be licensed pursuant to this article without payment of a fee . .§!.:t-o. Processing/Postage fee per license, one dollar. H. This fee schedule is effective for the license cycle beginning June 2009. Effective July 1, 2015, fees authorized in subsections (8)(1) through (8)(7) of this section will increase on July 1 of each year by one dollar per year through July 1, 2019. SECTION 2. This Ordinance is effective July 1, 2015 or 30 days after the date of adoption, whichever is sooner. PASSED AND ADOPTED by the Board of Supervisors, Pima County, Arizona, this 19th day of r~ay '2015. MAY 1 ,9. 2015 Date ATTEST: A~ Deputy County Attorney JONATHAN PINKNEY-BAIR~ of 2 Animal Control -Dog Licensing Fees Amended Marana Regular Council Meeting 06/16/2015 Page 209 of 223  Item   A 7            To:Mayor and Council Submitted For:Curt Woody, Director of Economic Development and Tourism From:Jane Fairall, Deputy Town Attorney Date:June 16, 2015 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Marana Strategic Plan III Commerce focus area includes principle statements to support commerce and business by being creative and flexible and to seek and retain diverse industries and commerce in order to promote sustainable economic health. Subject:Resolution No. 2015-065: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2015-2016 to support operation of the Marana Visitor Center and provision of services to the Marana community (Curt Woody) Discussion: The Marana Chamber of Commerce was established in 1987 with a vision to "Build Business and Community Relationships." The Chamber’s mission is for staff and members to work collaboratively with all industries and levels of government to build a balance between economic growth and quality of life in our community. The Town and the Chamber have for many years worked collaboratively to promote economic development and commerce in the Town of Marana, with the Town providing annual funding to the Chamber for these purposes pursuant to a funding agreement approved by Council. Under the proposed agreement for FY 15-16, the Town will provide $40,000 in funding for the Chamber operation of the Marana Visitor Center, as well as funding of other activities undertaken by the Chamber pursuant to the agreement. Under the agreement, the Chamber will: 1. Operate the Marana Visitor Center during established business hours of 8:30 AM – 4:30 PM, Amended Marana Regular Council Meeting 06/16/2015 Page 210 of 223 Monday through Friday, observing regular holidays, and will comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Information Centers. The Chamber and Town will also collaborate on finding ways to improve the Visitor Center’s appearance and experience 2. Provide a link to visitor information on its website, until the Town’s new tourism website has been launched, and then the Chamber will provide a link to the new tourism website for visitor information. 3. Provide opportunities, as requested, for representatives of the Town to address the Marana community. These opportunities may be as part of another event organized by the Chamber, including Chamber networking breakfasts, Quarterly Business Connection lunches, community and regional updates, legislative and economic development briefings, or other similar events. 4. Produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. The Town may request up to 2,500 maps and directories from the Chamber for the Town's own distribution. 5. Organize and execute the “State of the Town” event to provide Town officials the opportunity to address the community on current affairs. 6. Collaborate with the Town on questions and methodology used to conduct surveys of the Marana community regarding the local business climate. 7. Partner with the Town to promote tourism, including participating in any tourism development initiatives organized and implemented by the Town. 8. Partner with the Town on supporting businesses during the closure of I-10 and Ina Road for the scheduled construction project at that location. The Chamber will monitor and report quarterly on progress in each of these categories. The term of the agreement is one year, expiring on June 30, 2016. Financial Impact: Fiscal Year:2016 Budgeted Y/N:Y Amount:$40,000 Staff Recommendation: Staff recommends approval of the funding agreement. Suggested Motion: I move to adopt Resolution No. 2015-065, approving and authorizing the Mayor to execute a Amended Marana Regular Council Meeting 06/16/2015 Page 211 of 223 I move to adopt Resolution No. 2015-065, approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2015-2016 to support operation of the Marana Visitor Center and provision of services to the Marana community. Attachments: Resolution No. 2015-065 Exhibit A - Funding Agreement Amended Marana Regular Council Meeting 06/16/2015 Page 212 of 223 Marana Resolution 2015-065 MARANA RESOLUTION NO. 2015-065 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA CHAMBER OF COMMERCE, INC. FOR FISCAL YEAR 2015-2016 TO SUPPORT OPERATION OF THE MARANA VISITOR CENTER AND PROVISION OF SERVICES TO THE MARANA COMMUNITY WHEREAS the Marana Strategic Plan III includes“Commerce”as a focus areawith princi- ple statements to support commerce and business by being creative and flexible and to seek and re- tain diverse industries and commerce in order to promote sustainable economic health; and WHEREASthe Marana Chamber of Commerce operates the Marana Visitor Center and pro- vides other services to the Town and the community; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The funding agreementbetween the Town of Marana and theMarana Chamber of Commerce, Inc., attached to and incorporated by this reference in this resolution as Exhibit A, 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 undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the funding agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2015. ATTEST: ___________________________________ Jocelyn C. Bronson, Town Clerk ___________________________________ Mayor Ed Honea APPROVED AS TO FORM: __________________________ Frank Cassidy, Town Attorney Amended Marana Regular Council Meeting 06/16/2015 Page 213 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 1 - FUNDING AGREEMENT MARANA CHAMBER OF COMMERCE,INC. THIS FUNDING AGREEMENT (“Agreement”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (“Town”) and the MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c)(6) nonprofit corpora- tion (“Chamber”). The Town and Chamber are sometimes referred to collectively as the “Parties,” either of which is sometimes individually referred to as a “Par- ty.” RECITALS A.Town has established a need for economic development activities to ensure a sustainable community. B.Commerce is identified as one of the five focus areas of the Marana Strategic Plan, adopted by the Town Council in February 2009, the Marana Stra- tegic Plan II, adopted in March 2012 and Strategic Plan III, adopted in January 2015. C.Chamber operates a Visitor Center and provides other services for the community that provide information about Town’s attractions and business ser- vices benefitting the Town and its residents. D.Town has determined that the general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. E.The Parties acknowledge that tracking Town payments and Chamber outputs and outcomes resulting from Town funding is prudent practice to assure that public funds are appropriately used and that the public receives the antici- pated benefits of the funding. AGREEMENT NOW,THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: Section 1. Funding. Town hereby commits $40,000 of funding from Town’s Fiscal Year 2015-2016 budget to Chamber to assist in funding Cham- ber’s activities under this Agreement. Section 2. Outputs. Between July 1, 2015 and June 30, 2016, Chamber hereby agrees to provide the following outputs with Town general assistance funding provided under this agreement: Amended Marana Regular Council Meeting 06/16/2015 Page 214 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 2 - 2.1. Chamber will operate the Marana Visitor Center during estab- lished business hours of 8:30 AM – 4:30 PM, Monday through Friday, ob- serving regular holidays, and will comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor In- formation Centers. The Chamber and Town will collaborate on finding ways to improve the Visitor Center’s appearance and experience. 2.2. Chamber will provide a link to visitor information on its website, until Town’s new tourism website has been launched, and then Chamber will provide a link to the new tourism website for visitor information. 2.3. Chamber will provide opportunities, as requested, for representa- tives of Town to address the Marana community. These opportunities may be as part of another event organized by Chamber, including Cham- ber networking breakfasts, Quarterly Business Connection lunches, community and regional updates, legislative and economic development briefings, or other similar events. 2.4. Chamber will produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. Town may request from Chamber a maximum of 2,500 maps and 2,500 directories for its own distribution. 2.5. Chamber will organize and execute the “State of the Town” event to provide Town officials the opportunity to address the community on current affairs. 2.6. Chamber will collaborate with Town on questions and methodol- ogy used to conduct surveys of the Marana community regarding the lo- cal business climate. 2.7. Chamber will partner with Town to promote tourism, including, but not limited to, participating in any tourism development initiatives organized and implemented by Town. 2.8. Chamber will partner with Town on supporting businesses dur- ing the closure of I10 and Ina Road for the scheduled construction project at that location. Section 3. Payments. Town shall pay Chamber in three installments of $13,333.33 each, once per quarter, except the fourth quarter of Town’s fiscal year, upon receipt of a completed Payment Request Form in substantially the form attached as Exhibit A. Section 4. Reporting. Within 15 days after the end of each calendar quar- ter for which Chamber receives funding under this Agreement or before receiv- ing its next quarterly payment, whichever occurs first, Chamber shall complete and submit to Town a written quarterly report in substantially the form at- Amended Marana Regular Council Meeting 06/16/2015 Page 215 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 3 - tached as Exhibit B, demonstrating Chamber’s progress toward the outputs listed in Section 2 of this Agreement. Town may additionally request a written or oral report from Chamber at any time demonstrating Chamber’s progress in complying with each of the outputs listed in Section 2 of this Agreement. Section 5. Required Insurance. Before receiving any payment under this Agreement, Chamber shall deliver to Town one or more certificates of insur- ance with carriers acceptable to Town evidencing the following minimum cov- erages for at least the term of this Agreement: 5.1. $1,000,000 per occurrence commercial general liability coverage with Town listed as additional insured. Chamber shall deliver an addi- tional insured endorsement along with the certificate(s) of insurance re- quired by this Section. As an additional insured, Town shall be provided coverage for any liability arising out of operations performed in whole or in part by or on behalf of Chamber. 5.2. $1,000,000 per occurrence business automobile liability (if the Chamber has vehicles). 5.3. $1,000,000 per occurrence directors and officers coverage with Town listed as additional insured. 5.4. State of Arizona minimum workers’ compensation coverage (if Chamber has paid staff). 5.5. The coverage requirements specified in this Section may not be changed or modified except by written agreement signed by all Parties. Section 6. Corporate Documents. Before receiving initial payment under this Agreement, Chamber shall ensure that copies of the following Chamber documentation, including any and all amendments are on file with Town: 6.1. Articles of incorporation. 6.2. Current bylaws. 6.3. List of current members of Chamber’s Board of Directors. 6.4. Current fiscal year’s budget approved by Chamber’s Board of Di- rectors. 6.5. Internal Revenue Service designation letter. Section 7. Amendments to Insurance and Documentation. True and ac- curate copies of any amendments during the term of this Agreement to cover- ages or terms of insurance required by Section 5 above or to Chamber’s corpo- rate documentation listed in Section 6 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance cov- erages below the minimums set forth in Section 5 above or that in the Town’s Amended Marana Regular Council Meeting 06/16/2015 Page 216 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 4 - reasonable opinion materially affect the Chamber’s ability to deliver the out- puts set forth in Section 2 above constitute default for which Town may with- hold payment until Chamber restores the minimum insurance coverages or re- stores Chamber’s ability to deliver the outputs. Section 8. Default and Dispute Resolution. If either Party defaults (the “Defaulting Party”) with respect to any of that Party’s obligations under this Agreement, the other Party (the “Non-Defaulting Party”) shall be entitled to give written notice in the manner prescribed in Section 10 below to the Default- ing Party, stating the nature of the default claimed and demanding that the de- fault be corrected. The Defaulting Party shall then have 20 days from the date of the notice within which to cure the default. If any default is not cured within 20 days, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 8.1 and 8.2 below. 8.1. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve among themselves, the Parties agree that there shall be a 21-day moratorium on arbitration during which time the Par- ties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Chamber and Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter Town shall (on its behalf and on behalf of Chamber) request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The cost of mediation shall be divided equally between the mediating Parties. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbi- tration after the moratorium period. 8.2. Arbitration. If mediation (paragraph 8.1 above) fails to result in resolution of the dispute, the dispute, controversy, claim or cause of ac- tion arising out of or relating to this Agreement shall be settled by sub- mission of the matter by all Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having ju- risdiction. Section 9. Indemnification. Chamber agrees to defend, save, hold harm- less, and indemnify Town, its officials, employees, agents, successors, and as- signs from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in con- Amended Marana Regular Council Meeting 06/16/2015 Page 217 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 5 - tract, or otherwise caused by or resulting from Chamber’s errors, omissions, or negligent acts in the performance of activities pursuant to this Agreement. Section 10.Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writ- ing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To Town: TOWN OF MARANA Director of Economic Development and Tourism 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To Chamber: MARANA CHAMBER OF COMMERCE,INC. President and CEO 13881 North Casa Grande Highway Marana, Arizona 85653 Section 11. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by Town or Cham- ber of the breach of any term of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. Section 12. Attorney’s Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all rea- sonable costs and reasonable attorneys’ fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word “lawsuit” in the preceding sentence shall constitute a waiver, requiring dis- putes to be resolved by binding arbitration. Section 13. Headings. The descriptive headings of this Agreement are in- serted to assist in understanding the meaning and construction of this Agree- ment. Amended Marana Regular Council Meeting 06/16/2015 Page 218 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 6 - Section 14. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorpo- rated here. Section 15. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. Section 16. Time Essence. Time is of the essence for purposes of this Agreement. Section 17. No Assignment. Chamber’s obligations under this Agree- ment may not be assigned without the written consent of the Town Manager or designee. Section 18. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any part- nership, joint venture or other arrangement between Town and Chamber. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. Section 19. Other Instruments. Each Party shall, promptly upon the re- quest of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to ev- idence or give effect to the provisions of this Agreement. Section 20. Imposition of Duty by Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. Section 21. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agree- ment. All prior and contemporaneous agreements, representation and under- standing of the Parties, oral or written, are hereby superseded and merged in this Agreement. Section 22. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Par- ties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals ex- pressed by this Agreement. Section 23. Good Standing; Authority. Chamber represents and warrants to Town that it is duly formed and validly existing under the laws of the State of Arizona. Town represents and warrants to Chamber that it is an Arizona municipal corporation with authority to enter into this Agreement under appli- cable state laws. Each Party represents and warrants that the individual execut- Amended Marana Regular Council Meeting 06/16/2015 Page 219 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 7 - ing this Agreement on its behalf is authorized and empowered to bind the Par- ty on whose behalf each such individual is signing. Section 24.Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agree- ment, which shall otherwise remain in full force and effect. Section 25. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Par- ties agree that any litigation or arbitration shall take place in Pima County, Ari- zona. Section 26. Interpretation. This Agreement has been negotiated by Town and Chamber, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. Section 27. Force Majeure. If any Party is unable to perform under this Agreement by reason of “force majeure,” then the failure to perform shall not constitute a default under this Agreement as long as the non-performing Party uses its best effort to remedy with all reasonable speed the event or condition causing the non-performance and performance can be restored within a rea- sonable amount of time. “Force majeure” means any condition or event not reasonably within the control of a Party, including without limitation, “acts of God,” strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or offi- cials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; ex- plosions; and partial or entire failure of utilities. Section 28. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts by government en- tities in certain instances involving conflicts of interest. Section 29. Immigration Laws. Chamber warrants that it, and any sub- contractor who performs any work for Chamber under this Agreement, will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23-214 (A). Chamber acknowledges that pursuant to A.R.S. § 41-4401 and effec- tive September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agree- ment, and that Town retains the legal right to inspect the papers of any em- ployee who works on the Agreement to ensure compliance with this warranty. Amended Marana Regular Council Meeting 06/16/2015 Page 220 of 223 {00042063.DOCX /}Chamber contract FY 15-16.DOC - 8 - Section 30. Effective Date; Term. This Agreement is effective on the date of the last Party’s signature below and shall automatically terminate and shall thereafter be void for all purposes on July 1, 2016, unless sooner terminated by the mutual consent of the Parties. IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. Town: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Chamber: MARANA CHAMBER OF COMMERCE,INC., an Arizona 501(c)(6) non-profit corpora- tion By: Printed: Its: Date: EXHIBITS A. Payment Request Form B. Quarterly Report Form Amended Marana Regular Council Meeting 06/16/2015 Page 221 of 223 {00042063.DOCX /} TOWN OF MARANA EXHIBIT A - PAYMENT REQUEST FORM (FY 2015-2016) Agency/Contractor: Marana Chamber of Commerce, Inc. Project Name: Visitor’s Center Operations Prepared by: Name: Title: Authorized by: Authorized Signer Date: Period Reimbursement Requested For: Payment Number: Expenditures This Period: $ + / - Adjustments (Program Income/Other): $ Net Request This Period: $ Line Approved Expenditures Expenditures Item Line Item Description Budget (A) This Period (B) Prior Periods (C) Balance (D) 1.Services Support $ 40,000.00 $ -0- $ -0- $ 40,000.00 2. 3. 4. 5. TOTAL (must total Town of Marana award)$ $ $ $ NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGER APPROVAL: QUARTERLY REPORT RECEIVED: YES DATE: FINANCE APPROVAL: CHECK NUMBER: DATE: All requests for budget changes are required to be submitted in writing and approved by Economic Development and Tourism. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance measures reports may delay the processing of payment requests. Amended Marana Regular Council Meeting 06/16/2015 Page 222 of 223 {00042063.DOCX /} Town of Marana Quarterly Report – Exhibit B Fiscal Year 2015-2016 Agency Name: Marana Chamber of Commerce, Inc.Project: Visitor’s Center Operations Projected Annual Performance Outcomes and Measurement July 1- September 30 2015 October 1- December 31 2015 January 1- March 31 2016 April 1- June 30 2016 Year-to- Date Totals List of Activities with Date Output: The Chamber will pro- duce and distribute 8,000 Mem- bership Directories. Data Source: Chamber rec- ords Output: The Chamber will dis- tribute 5,000 Marana maps to area merchants, visitor centers, and attractions. Data Source: Chamber rec- ords Output: The Visitor’s Center will operate the Monday – Friday, 8:30 am – 4:30 pm observing regular holidays. Data Source: Calendar Output: The Chamber will track the number of hits on the Visitor section on its website. Data Source: Website Counter Output: The Visitor’s Center will track the number of visitors to the center. Data Source: Chamber rec- ords Amended Marana Regular Council Meeting 06/16/2015 Page 223 of 223