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
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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
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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
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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.
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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:
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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
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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
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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.
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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
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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.
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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.
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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
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- 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.
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- 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
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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.
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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:
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(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
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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.
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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
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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.
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(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
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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.
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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
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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.
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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.
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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.
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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
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(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
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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
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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.
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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.
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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.
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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.
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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: ______________________________
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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.
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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
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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
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Amended Marana Regular Council Meeting 06/16/2015 Page 98 of 223
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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)
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(I)
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CITY SUBTOTAL ..................................................................................$$$ $
ADD SUBTOTALS OF CITY ADDITIONAL TRANSACTIONS TO THE 3RD PAGE OF RETURN
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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
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CODE
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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
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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.
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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
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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
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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.
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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.
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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:
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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Document comparison by Workshare Compare on Monday, June 15, 2015
10:59:01 AM
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Description 03-05-15 Silverbell Overlay IGA (COT TOM) Draft 3-5-15
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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-
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{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.
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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
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{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.
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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
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