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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 09-07-2021MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 7, 2021, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, 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 September 7, 2021, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 6:00 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 Marana Regular Council Meeting 09/07/2021 Page 1 of 235 Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. 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.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 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.maranaaz.gov under Agendas and Minutes. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda.Marana Regular Council Meeting 09/07/2021 Page 2 of 235 future agenda. PROCLAMATIONS P1 Proclamation declaring September 2021 as Guardians of the Children Month (Cherry L. Lawson) P2 Proclamation recognizing September 2021 as, "Ovarian Cancer Awareness Month" (Cherry L. Lawson) P3 Proclamation recognizing and commemorating the 20th Anniversary of September 11, 2001 (9-11) (Cherry L. Lawson) 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. C1 Resolution No. 2021-120:  Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4-16-7 "Employee Reimbursement of Parental Paid Time Off Pay" (Curry C. Hale) C2 Resolution No. 2021-121: Relating to Marana Regional Airport; approving and authorizing the Town Manager to sign the "Airport Rescue Grant - Grant Agreement," Airport Rescue Grant No. 3-04-0058-026-2021, with the Federal Aviation Administration for funding in an amount not to exceed $59,000 to help offset expenses as a result of the COVID-19 public health emergency (Kristin Taft) C3 Resolution No. 2021-122: Relating to the Marana Regional Airport; approving Marana Regular Council Meeting 09/07/2021 Page 3 of 235 C3 Resolution No. 2021-122: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to sign five Airport Development Reimbursable Grant Agreements between the State of Arizona, by and through the Arizona Department of Transportation (ADOT), and the Town of Marana for the purpose of aiding in financing projects entitled "Install Rotating Beacon," "Apron, Rehabilitate East Hangar Apron Reconstruction," "Apron, Rehabilitate West Hangar Apron Reconstruction," "Runway MIRL/HIRL Construct," and "Apron Lighting PAPIs on Runways 12-30 and 3-21” (Kristin Taft)   C4 Resolution No. 2021-123: Relating to the Police Department; approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide two school resources officers in support of the District's School Safety Program and terminating the service agreement approved by Resolution No. 2020-049 (Libby Shelton)   C5 Resolution No. 2021-124:Relating to the Police Department; approving and authorizing the Chief of Police to execute the Intergovernmental Agreement Regarding Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) State Gang Task Force between the Town of Marana Police Department and the State of Arizona through its Department of Public Safety (AZDPS); rescinding Resolution No. 2021-029 (Libby Shelton)   C6 Approval of the Regular Council Meeting Summary Minutes of August 17, 2021, and the Council Study Session Meeting Summary Minutes of August 24, 2021 (Cherry L. Lawson)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License submitted by Amy S. Nations on behalf of Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743 (Cherry L. Lawson)   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 Resolution No. 2021-125: Relating to Administration; authorizing the Town Manager to sign grant agreements on behalf of the Town of Marana (Jane Fairall)     Marana Regular Council Meeting 09/07/2021 Page 4 of 235 A2 Resolution No. 2021-126: Relating to Administration; approving the Town of Marana Public Art Policy; rescinding Resolution No. 2001-100 (Jane Fairall)     ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town’s Marana Current and Proposed Projects internet site (Jason Angell)      D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema)      EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters.   E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).      FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B).   ADJOURNMENT     Marana Regular Council Meeting 09/07/2021 Page 5 of 235      Council-Regular Meeting   P1        Meeting Date:09/07/2021   From:Hilary H. Hiser, Deputy Town Clerk Date:September 7, 2021 Subject:Proclamation declaring September 2021 as Guardians of the Children Month (Cherry L. Lawson) Attachments Guardians of the Children Proclamation Marana Regular Council Meeting 09/07/2021 Page 6 of 235 Marana Regular Council Meeting 09/07/2021 Page 7 of 235      Council-Regular Meeting   P2        Meeting Date:09/07/2021   Submitted For:Cherry L. Lawson, Town Clerk From:Cherry L. Lawson, Town Clerk Date:September 7, 2021 Subject:Proclamation recognizing September 2021 as, "Ovarian Cancer Awareness Month" (Cherry L. Lawson) Attachments Ovarian Awareness Month Proclamation Marana Regular Council Meeting 09/07/2021 Page 8 of 235 Marana Regular Council Meeting 09/07/2021 Page 9 of 235      Council-Regular Meeting   P3        Meeting Date:09/07/2021   From:Cherry L. Lawson, Town Clerk Date:September 7, 2021 Subject:Proclamation recognizing and commemorating the 20th Anniversary of September 11, 2001 (9-11) (Cherry L. Lawson) Attachments Proclamation Commemorating the 20th Anniversary of 9-11 Marana Regular Council Meeting 09/07/2021 Page 10 of 235 Marana Regular Council Meeting 09/07/2021 Page 11 of 235      Council-Regular Meeting   C1        Meeting Date:09/07/2021   To:Mayor and Council From:Curry C. Hale, Human Resources Director Date:September 7, 2021 Strategic Plan Focus Area: Progress & Innovation Subject:Resolution No. 2021-120:  Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves by amending Section 4-16-7 "Employee Reimbursement of Parental Paid Time Off Pay" (Curry C. Hale) Discussion: This item proposes a revision to the Town's Personnel Policies and Procedures, Section 4-16-7 (A) "Employee Reimbursement of Parental Paid Time Off Pay".  The current language states: A.  If an employee fails to return to work after an approved parental paid time off, or resigns within 30 days following an approved leave during which parental paid time off is used, the employee shall reimburse the Town the amount of parental paid time off pay the employee received at the employee's regular hourly rate.   The proposed revision states: If an employee fails to return to work after an approved parental paid time off or has not worked at least 160 hours following an approved parental paid time off, the employee shall reimburse the Town the amount of parental paid time off pay the employee received at the employee's regular hourly rate. This change will not require the organization to track an employee's use of parental paid time off over the course of a year due to the employee using the time off intermittently.  Human Resources will track 160 hours worked after the use of intermittent parental paid time off to comply with the intent of this policy.        Marana Regular Council Meeting 09/07/2021 Page 12 of 235   Staff Recommendation: Staff recommends approval and adoption of amendments to the Town's Personnel Policies and Procedures, Chapter 4 - Employment Benefits and Leaves, Section 4-16-7 "Employee Reimbursement of Parental Paid Time Off".  Suggested Motion: I move to adopt Resolution No. 2021-120, approving and adopting amendments to the Town's Personnel Policies and Procedures, revisiting, Chapter 4 - Employment Benefits and Leaves, Section 4-16-7 "Employee Reimbursement of Parental Paid Time Off".  Attachments Resolution 2021-120 Marana Regular Council Meeting 09/07/2021 Page 13 of 235 - 1 - Marana Resolution No. 2021-120 MARANA RESOLUTION NO. 2021-120 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN’S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPT ER 4 - EMPLOYMENT BENEFITS AND LEAVES BY AMENDING SECTION 4-16-7 "EM- PLOYEE REIMBURSEMENT OF PARENTAL PAID TIME OFF PAY” WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council may adopt personnel policies, rules, and regulations that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99 -38 on May 18, 1999, which have been amended from time to time ; and WHEREAS the Council finds that adoption of the amendments to the Town’s Per- sonnel Policies and Procedures as set forth in this resolution is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Policy 4-16 of the Town’s Personnel Policies and Procedures, entitled “Parental Paid Time Off” is hereby amended as follows (with deletions shown with strikeouts and additions shown with double underlining ): POLICY 4 -16 PARENTAL PAID TIME OFF [No revisions to Sections 4 -16-1 through 4 -16-6] Section 4 -16-7 Employee Reimbursement of Parental Paid Time Off Pay A. If an employee fails to return to work after an approved parental paid time off , or resigns within has not worked at least 160 hours 30 days following an approved leave during which parental paid time off is used, the employee shall reimburse the Town the amount of parental paid time off pay the employee received at the employee’s regular hourly rate. B. The employee will not be required to reimburse the Town for employer contributions for benefits made during the parental paid time off period. C. This section shall not apply if: Marana Regular Council Meeting 09/07/2021 Page 14 of 235 - 2 - Marana Resolution No. 2021-120 1. The employee’s failure to return to work or resignation is due to the onset, recur- rence, or continuation of a “serious health condition” as defined in Section 4 -7 - 2(F) or “serious injury or illness” as defined in Section 4 -7 -2(G) to the employee or child; or 2. The employee’s failure to return to work is due to circumstances beyond the em- ployee’s control. [No revisions to Section 4-16-8] SECTION 2. All ordinances, resolutions, or motions and parts of ordinances, res- olutions, or motions of the Council in conflict with the provisions of this resolution are hereby repealed, effective as of the effective date of this resolution. SECTION 3. 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, obliga- tions, and objectives of the aforementioned amendme nts. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 7th day of September, 2021. Mayor Ed Honea ATTEST: Cherry Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/07/2021 Page 15 of 235    Council-Regular Meeting   C2        Meeting Date:09/07/2021   To:Mayor and Council From:Kristin Taft, Grants Manager Date:September 7, 2021 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2021-121: Relating to Marana Regional Airport; approving and authorizing the Town Manager to sign the "Airport Rescue Grant - Grant Agreement," Airport Rescue Grant No. 3-04-0058-026-2021, with the Federal Aviation Administration for funding in an amount not to exceed $59,000 to help offset expenses as a result of the COVID-19 public health emergency (Kristin Taft) Discussion: On July 6, 2021, Town staff submitted a grant request to the Federal Aviation Administration (FAA) for formula funding provided to airports under the Airport Rescue Grant Offer. This grant is provided in accordance with the American Rescue Plan Act to provide funding to eligible airports for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Airport Rescue Grant amounts to specific airports are derived by legislative formula. The purpose of this grant is to maintain safe and efficient airport operations. Grant funds can be used for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. New airport development projects may not be funded with this grant. Financial Impact: Fiscal Year:2021 Budgeted Y/N:Yes Amount:$59,000 Marana Regular Council Meeting 09/07/2021 Page 16 of 235 The FAA will provide reimbursements up to $59,000 with no match required from the Town of Marana. While the revenue from this grant was not budgeted, the amounts that this grant will be reimbursing were budgeted expenses in the Airport's operating budget. Staff Recommendation: Staff recommends that the Town Manager be authorized to sign the grant agreement with the FAA. Suggested Motion: I move to adopt Resolution No. 2021-121, approving and authorizing the Town Manager to sign the "Airport Rescue Grant - Grant Agreement," Airport Rescue Grant No. 3-04-0058-026-2021, with the Federal Aviation Administration for funding in an amount not to exceed $59,000 to help offset expenses as a result of the COVID-19 public health emergency.   Attachments Resolution 2021-121 Exhibit A - Airport American Rescue Plan Grant Marana Regular Council Meeting 09/07/2021 Page 17 of 235 - 1 - 00077051.DOCX /1 Resolution No. 2021 -121 MARANA RESOLUTION NO. 2021-121 RELATING TO MARANA R EGIONAL AIRPORT; APP ROVING AND AUTHORIZING THE TOWN MANAGER TO SIGN THE "AIRPORT RESCUE GRANT – GRANT AGREEMENT," AIRPORT RESCUE GRANT NO. 3-04-0058-026-2021, WITH THE FEDERAL AVIATION ADMINISTRATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $59,000 TO HE LP OFFSET EXPENSES AS A RESULT OF THE CO VID-19 PUBLIC HEALTH EMERGE NCY WHEREAS the Town of Marana and the Federal Aviation Administration desire to enter into a grant agreement for funding in an amount not to exceed $59,000 to help offset expenses as a result of the COVID-19 public health emergency ; and WHEREAS the Mayor and Council feel it is in the be st interests of the Town and its citizens to enter this grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that “Airport Rescue Grant – Grant Agreement," Airport Rescue Grant No. 3 -04-0058-026-2021, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby au thorized and directed to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned intergovernmental agreement. Marana Regular Council Meeting 09/07/2021 Page 18 of 235 - 2 - 00077051.DOCX /1 Resolution No. 2021 -121 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall , Town Attorney Marana Regular Council Meeting 09/07/2021 Page 19 of 235 3-04-0058-026-2021 1 U.S. Department of Transportation Federal Aviation Administration Airports Division Western-Pacific Region Arizona FAA PHX ADO 3800 N Central Ave Suite 1025 Phoenix, AZ 85012 Airport Rescue Grant Transmittal Letter {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Heath Vescovi-Chiordi 11555 W Civic Center Dr Marana, AZ 85653 Dear Mr. Vescovi-Chiordi: Please find the following electronic Airport Rescue Grant Offer, Grant No. 3-04-0058-026-2021 for Marana Regional Airport. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor’s authorized representative. b. The sponsor’s authorized representative must execute the grant, followed by the attorney’s certification, no later than August 26, 2021 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor’s legal signatory authority and then routed via email to the sponsor’s attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you draw down and expend these funds within four years. An airport sponsor may use these funds for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Please refer to the Airport Rescue Grants Frequently Asked Questions for further information. With each payment request you are required to upload an invoice summary directly to Delphi. The invoice summary should include enough detail to permit FAA to verify compliance with the American Rescue Plan Act (Public Law 117-2). Additional details or invoices may be requested by FAA during the review of your payment requests. As part of your final payment request, you are required to include in Delphi: A signed SF-425, Federal Financial Report A signed closeout report (a sample report is available here). Until the grant is completed and closed, you are responsible for submitting a signed and dated SF-425 annually, due 90 days after the end of each Federal fiscal year in which this grant is open (due December 31 of each year this grant is open). Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 20 of 235 3-04-0058-026-2021 2 As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. I am readily available to assist you and your designated representative with the requirements stated herein. The FAA sincerely values your cooperation in these efforts. Sincerely, {{Sig_es_:signer1: signature}} Mike N Williams Manager [ADO has discretion to delegate signature authority to Program Manager] Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 21 of 235 3-04-0058-026-2021 3 U.S. Department of Transportation Federal Aviation Administration AIRPORT RESCUE GRANT GRANT AGREEMENT Part I - Offer Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Marana Regional Airport Airport Rescue Grant No. 3-04-0058-026-2021 Unique Entity Identifier 017203188 TO: Town of Marana (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the “FAA”) WHEREAS, the Sponsor has submitted to the FAA an Airport Rescue Grant Application dated July 6, 2021, for a grant of Federal funds at or associated with the Marana Regional Airport, which is included as part of this Airport Rescue Grant Agreement; WHEREAS, the Sponsor has accepted the terms of FAA’s Airport Rescue Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the Airport Rescue Grant Application for the Marana Regional Airport, (herein called the “Grant” or “Airport Rescue Grant”) consisting of the following: WHEREAS, this Airport Rescue Grant is provided in accordance with the American Rescue Plan Act ( “ARP Act”, or “the Act”), Public Law 117-2, as described below, to provide eligible Sponsors with funding for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Airport Rescue Grant amounts to specific airports are derived by legislative formula (See Section 7102 of the Act). WHEREAS, the purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the coronavirus pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only for purposes directly related to the airport. Such purposes can include the reimbursement of an airport’s operational expenses or debt service payments in accordance with the limitations prescribed in the Act. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 22 of 235 3-04-0058-026-2021 4 Airport Rescue Grants may be used to reimburse airport operational expenses directly related to Marana Regional incurred no earlier than January 20, 2020. Airport Rescue Grants also may be used to reimburse a Sponsor’s payment of debt service where such payments occur on or after March 11, 2021. Funds provided under this Airport Rescue Grant Agreement will be governed by the same principles that govern “airport revenue.” New airport development projects not directly related to combating the spread of pathogens may not be funded with this Grant. Funding under this Grant for airport development projects to combat the spread of pathogens will be reallocated using an addendum to this Agreement for identified and approved projects. NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2, the representations contained in the Grant Application, and in consideration of (a) the Sponsor’s acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $59,000, allocated as follows: $59,000 ARPA KW2021 2. Grant Performance. This Airport Rescue Grant Agreement is subject to the following Federal award requirements: a. The Period of Performance: 1. Shall start on the date the Sponsor formally accepts this agreement, and is the date signed by the last Sponsor signatory to the agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance. The period of performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. (2 Code of Federal Regulations (CFR) § 200.1) b. The Budget Period: 1. For this Airport Rescue Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the budget period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. c. Close out and Termination. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 23 of 235 3-04-0058-026-2021 5 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the Grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344) 2. The FAA may terminate this Airport Rescue Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the ARP Act. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only. 5.Final Federal Share of Costs.The United States’ share of allowable Grant costs is 100%. 6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Airport Rescue Grant Agreement, the ARP Act, and the regulations, policies, standards, and procedures of the Secretary of Transportation (“Secretary”). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months or a 25 percent reduction in time devoted to the Grant, and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before August 26, 2021, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this Airport Rescue Grant Agreement, the ARP Act, or other provision of applicable law. For the purposes of this Airport Rescue Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Airport Rescue Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 24 of 235 3-04-0058-026-2021 6 Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Airport Rescue Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/index.jsf. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Agreement. 14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United States Code (U.S.C.) § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 16. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 17. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting the entity is not excluded or disqualified from participating; or Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 25 of 235 3-04-0058-026-2021 7 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g., subcontracts). c. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 18.Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Airport Rescue Grant or subgrant funded by this Grant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: A. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and B. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded by this Airport Rescue Grant. 19. Trafficking in Persons. a. You as the recipient, your employees, subrecipients under this Airport Rescue Grant, and subrecipients’ employees may not – 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the Airport Rescue Grant. b. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity – 1. Is determined to have violated a prohibition in paragraph a. of this Airport Rescue Grant Agreement term; or 2. Has an employee who is determined by the agency official authorized to terminate the Airport Rescue Grant Agreement to have violated a prohibition in paragraph a. of this Airport Rescue Grant term through conduct that is either – A. Associated with performance under this Airport Rescue Grant; or Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 26 of 235 3-04-0058-026-2021 8 B. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”as implemented by the FAA at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this Grant condition during this Airport Rescue Grant Agreement. d. Our right to terminate unilaterally that is described in paragraph a. of this Grant condition: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and 2. Is in addition to all other remedies for noncompliance that are available to the FAA under this Airport Rescue Grant. 20. Employee Protection from Reprisal. a. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) of this Grant condition, information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal employee responsible for oversight or management of a grant program at the relevant agency; e. A court or grand jury; f. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or g. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph a. of this Airport Rescue Grant Agreement may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint — A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 27 of 235 3-04-0058-026-2021 9 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). 21.Limitations.Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Airport Rescue Grant Agreement. 22. Face Coverings Policy. The sponsor agrees to implement a face-covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC) and Transportation Security Administration (TSA) requirements, as applicable, at all times while in all public areas of the airport property, except to the extent exempted under those requirements. This special condition requires the airport sponsor continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. SPECIAL CONDITIONS FOR USE OF AIRPORT RESCUE GRANT FUNDS CONDITIONS FOR EQUIPMENT - 1. Equipment or Vehicle Replacement. The Sponsor agrees that when using funds provided by this Grant to replace equipment, the proceeds from the trade-in or sale of such replaced equipment shall be classified and used as airport revenue. 2. Equipment Acquisition. The Sponsor agrees that for any equipment acquired with funds provided by this Grant, such equipment shall be used solely for purposes directly related to combating the spread of pathogens at the airport. 3. Low Emission Systems. The Sponsor agrees that vehicles and equipment acquired with funds provided in this Grant: a. Will be maintained and used at the airport for which they were purchased; and b. Will not be transferred, relocated, or used at another airport without the advance consent of the FAA. The Sponsor further agrees that it will maintain annual records on individual vehicles and equipment, project expenditures, cost effectiveness, and emission reductions. CONDITIONS FOR UTILITIES AND LAND- 4. Utilities Proration. For purposes of computing the United States’ share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport. 5. Utility Relocation in Grant. The Sponsor understands and agrees that: a. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs; Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 28 of 235 3-04-0058-026-2021 10 b. FAA participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility; and c. The utilities must serve a purpose directly related to the Airport. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 29 of 235 3-04-0058-026-2021 11 The Sponsor’s acceptance of this Offer and ratification and adoption of the Airport Rescue Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor. The Offer and Acceptance shall comprise an Airport Rescue Grant Agreement, as provided by the ARP Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to this Grant. The effective date of this Airport Rescue Grant Agreement is the date of the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. Dated {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION {{Sig_es_:signer1: signature}} (Signature) {{N_es_:signer1: fullname}} (Typed Name) {{*Ttl_es_:signer1: title}} (Title of FAA Official) Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 30 of 235 3-04-0058-026-2021 12 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Airport Rescue Grant Application and incorporated materials referred to in the foregoing Offer under Part I of this Airport Rescue Grant Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Airport Rescue Grant Application and all applicable terms and conditions provided for in the ARP Act and other applicable provisions of Federal law. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct. 1 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} Town of Marana (Name of Sponsor) {{Sig_es_:signer2: signature}} (Signature of Sponsor’s Designative Official/Representative) By: {{N_es_:signer2: fullname}} (Type Name of Sponsor’s Designative Official/Representative) Title:{{*Ttl_es_:signer2: title}} (Title of Sponsor’s Designative Official/Representative) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 31 of 235 3-04-0058-026-2021 13 CERTIFICATE OF SPONSOR'S ATTORNEY I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __Arizona__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the ARP Act. The Sponsor understands funding made available under this Grant Agreement may only be used for costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens at the airport incurred on or after January 20, 2020, or for debt service payments that are due on or after March 11, 2021. Further, it is my opinion the foregoing Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By:{{Sig_es_:signer3: signature}} (Signature of Sponsor's Attorney) Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 32 of 235 3-04-0058-026-2021 14 AIRPORT RESCUE GRANT ASSURANCES AIRPORT SPONSORS A. General. 1. These Airport Rescue Grant Assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the American Rescue Plan Act of 2021 (“ARP Act,” or “the Act”), Public Law 117-2. As used herein, the term “public agency sponsor” means a public agency with control of a public-use airport; the term “private sponsor” means a private owner of a public-use airport; and the term “sponsor” includes both public agency sponsors and private sponsors. 2. Upon acceptance of this Airport Rescue Grant offer by the sponsor, these assurances are incorporated into and become part of this Airport Rescue Grant Agreement. B. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this Airport Rescue Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Airport Rescue Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. Chapter 471, as applicable b. Davis-Bacon Act — 40 U.S.C. 276(a), et. seq. c. Federal Fair Labor Standards Act — 29 U.S.C. 201, et. seq. d. Hatch Act — 5 U.S.C. 1501, et. seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et. seq. f. National Historic Preservation Act of 1966 — Section 106 — 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 — 16 U.S.C. 469 through 469c. h. Native Americans Grave Repatriation Act — 25 U.S.C. Section 3001, et. seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 — Section 102(a) — 42 U.S.C. 4012a. l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 — 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 — 42 U.S.C. 6101, et. seq. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 33 of 235 3-04-0058-026-2021 15 q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 — 42 U.S.C. 4151, et. seq. s. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373. t. Contract Work Hours and Safety Standards Act — 40 U.S.C. 327, et. seq. u. Copeland Anti-kickback Act — 18 U.S.C. 874.1. v. National Environmental Policy Act of 1969 — 42 U.S.C. 4321, et. seq. w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 — 31 U.S.C. 7501, et. seq. 2 y. Drug-Free Workplace Act of 1988 — 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 – Equal Employment Opportunity b. Executive Order 11990 – Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 – Environmental Justice g. Executive Order 14005 – Ensuring the Future Is Made in All of America by All of America's Workers. FEDERAL REGULATIONS a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.3, 4 c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 – Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1 – Procedures for predetermination of wage rates.1 g. 29 CFR Part 3 – Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 34 of 235 3-04-0058-026-2021 16 h. 29 CFR Part 5 – Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 i. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements).1 j. 49 CFR Part 20 – New restrictions on lobbying. k. 49 CFR Part 21 – Nondiscrimination in Federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. l. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. m. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Program. n. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 o. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. p. 49 CFR Part 30 – Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial Assistance). r. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). s. 49 CFR Part 41 – Seismic safety of Federal and Federally assisted or regulated new building construction. FOOTNOTES TO AIRPORT RESCUE GRANT ASSURANCE B 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. 1. Purpose Directly Related to the Airport It certifies that the reimbursement sought is for a purpose directly related to the airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant’s governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 35 of 235 3-04-0058-026-2021 17 and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. 5. Consistency with Local Plans. Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the time of submission of the Airport Rescue Grant application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 6. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where any project undertaken by this Grant Agreement may be located. 7. Consultation with Users. In making a decision to undertake any airport development project undertaken by this Grant Agreement, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 36 of 235 3-04-0058-026-2021 18 8. Pavement Preventative Maintenance. With respect to a project undertaken by this Grant Agreement for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport, including Airport Rescue Grant funds provided under this Grant Agreement. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 9. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 10. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on the airport funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 11. Veteran's Preference. It shall include in all contracts for work on any airport development project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 12. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies for maintenance and Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 37 of 235 3-04-0058-026-2021 19 operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 13. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 14. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. 15. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if— a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and b. allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. 16. Airport Revenues. a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to prevent, prepare for, and respond to coronavirus. Funds provided under this Airport Rescue Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums for costs Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 38 of 235 3-04-0058-026-2021 20 related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments as prescribed in the Act. b. For airport development, 49 U.S.C. § 47133 applies. 17. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 18. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 19. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 39 of 235 3-04-0058-026-2021 21 as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 20. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 40 of 235 3-04-0058-026-2021 22 It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: “The Town of Marana, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT Acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: A. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and B. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. C. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. D. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 21. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 41 of 235 3-04-0058-026-2021 23 22. Policies, Standards and Specifications. It will carry out any project funded under an Airport Rescue Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects, as of July 6, 2021. 23. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 24. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 25. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micro- purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 42 of 235 3-04-0058-026-2021 24 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects View the most current Series 150 Advisory Circulars (ACs) for Airport Projects at http://www.faa.gov/airports/resources/advisory_circulars and http://www.faa.gov/regulations_policies/advisory_circulars Exhibit A to Marana Resolution No. 2021-121 Marana Regular Council Meeting 09/07/2021 Page 43 of 235    Council-Regular Meeting   C3        Meeting Date:09/07/2021   To:Mayor and Council From:Kristin Taft, Grants Manager Date:September 7, 2021 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 2: WE WILL SEEK AND RETAIN DIVERSE INDUSTRIES AND COMMERCE. Initiative 3: Invest in airport infrastructure and lease opportunities to grow airport operations. Subject:Resolution No. 2021-122: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to sign five Airport Development Reimbursable Grant Agreements between the State of Arizona, by and through the Arizona Department of Transportation (ADOT), and the Town of Marana for the purpose of aiding in financing projects entitled "Install Rotating Beacon," "Apron, Rehabilitate East Hangar Apron Reconstruction," "Apron, Rehabilitate West Hangar Apron Reconstruction," "Runway MIRL/HIRL Construct," and "Apron Lighting PAPIs on Runways 12-30 and 3-21” (Kristin Taft) Discussion: The Arizona Department of Transportation (ADOT), through its Multimodal Planning Division (the "State"), has provided the Town of Marana five grant agreements deriving from State funds for the purpose of aiding in financing projects at the Marana Regional Airport. The first project is entitled "Install Rotating Beacon" (grant agreement number E2S2E01C). This grant will fund the installation of a new rotating beacon. This will be installed for upgraded safety. The total project cost is $30,000; the maximum reimbursement available from the State to the Town for this Agreement is $27,000. The minimum funding participation from the Town is 10% of the total cost ($3,000). The second project is entitled "Apron, Rehabilitate East Hangar Apron Reconstruction"Marana Regular Council Meeting 09/07/2021 Page 44 of 235 The second project is entitled "Apron, Rehabilitate East Hangar Apron Reconstruction" (grant agreement number E2S2P01C). This grant will be for the design to reconstruct the east hangar apron. The total project cost is $250,000; the maximum reimbursement available from the State to the Town for this Agreement is $225,000. The minimum funding participation from the Town is 10% of the total cost ($25,000). The third project is entitled "Apron, Rehabilitate West Hangar Apron Reconstruction" (grant agreement number E2S2O01C). This grant will be for the design to reconstruct the west hangar apron. The total project cost is $250,000; the maximum reimbursement available from the State to the Town for this Agreement is $225,000. The minimum funding participation from the Town is 10% of the total cost ($25,000). The fourth project is entitled “Runway MIRL/HIRL Construct" (grant agreement number E2S2N01C). This construction grant will allow the Town to replace the current Medium Intensity Runway Lighting (MIRL) and High Intensity Runway Lighting (HIRL) and upgrade it for increased safety. The total project cost is $1,408,000; the maximum reimbursement available from the State to the Town for this Agreement is $1,267,200. The minimum funding participation from the Town is 10% of the total cost ($140,800). The fifth project is entitled “Apron Lighting PAPIs on Runways 12-30 and 3-21" (grant agreement number E2S2R01C). This construction grant will allow the Town to replace the current Precision Approach Path Indicator (PAPI) lighting and upgrade for increased safety. The total project cost is $250,000; the maximum reimbursement available from the State to the Town for this Agreement is $225,000. The minimum funding participation from the Town is 10% of the total cost ($25,000). These ADOT Airport Development Reimbursable Grant Agreements total 90% of the projects' costs, for a maximum reimbursement to the Town of Marana of $1,969,200. The total 10% match from the Town for all five projects will be $218,800. Financial Impact: Fiscal Year:2022 Budgeted Y/N:Yes Amount:$218,8000 The total amount for the five projects is $2,188,000.  The State reimburses $1,969,200 (90%) and the Town is responsible for the remaining $218,800 (10%). Budget capacity has been programmed in the Airport capital projects fund, along with scheduled transfers from the General fund to cover the Town's match for these projects. Staff Recommendation: Staff recommends that the Town Manager be authorized to sign the grant agreements with ADOT. Suggested Motion: Marana Regular Council Meeting 09/07/2021 Page 45 of 235 I move to adopt Resolution No. 2021-122, approving and authorizing the Town Manager to sign five Airport Development Reimbursable Grant Agreements between the State of Arizona, by and through the Arizona Department of Transportation (ADOT), and the Town of Marana for the purpose of aiding in financing projects entitled "Install Rotating Beacon," "Apron, Rehabilitate East Hangar Apron Reconstruction," "Apron, Rehabilitate West Hangar Apron Reconstruction," "Runway MIRL/HIRL Construct," and "Apron Lighting PAPIs on Runways 12-30 and 3-21.” Attachments Resolution 2021-122 Exhibit A (Beacon) Exhibit B (East Hangar) Exhibit C (West Hangar) Exhibit D (MIRL/HIRL) Exhibit E (PAPI) Marana Regular Council Meeting 09/07/2021 Page 46 of 235 - 1 - 00077052.DOCX /1 Resolution No. 2021 -122 MARANA RESOLUTION NO. 2021-122 RELATING TO MARANA R EGIONAL AIRPORT; APP ROVING AND AUTHORIZING THE TOWN MANAGER TO SIGN FIVE AIRPORT DE VELOPMENT REIMBURSAB LE GRANT AGREEMENTS BET WEEN THE STATE OF AR IZONA, BY AND THROUGH THE ARIZONA DEPARTMENT OF TRANSP ORTATION (ADOT), AND THE TOWN OF MARANA FOR THE PURPOSE OF AIDING IN FINANCING PROJECTS ENTITLED "INSTALL ROTATING BE ACON," "APRON, REHAB ILITATE EAST HANGAR APRON RECONSTRUCTION," "APRON, REHABILITATE WE ST HANGAR APRON RECONSTRUCTION," "RUNWAY MIRL/HIRL CO NSTRUCT," AND "APRON LIGHTING PAPIS ON RUNWAYS 12-30 AND 3-21” WHEREAS the Town of Marana and the State of Arizona, acting through the Arizona Department of Transportation through its Multimodal Planning Division (the “State”), desire to enter into five grant agreements for a total reimbursement funding amount of $1,969,200 from the State to assist the Town in financing various construction projects at the Marana Municipal Airport; and WHEREAS pursuant to the terms of the five agreements , the Town’s total 10% minimum funding participation obligations total $218,800 for the five projects ; and WHEREAS the Mayor and Council feel it is in the best interests of the To wn and its citizens to enter the se grant agreements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the following Airport Development Reimbursable Grant Agreements, in substantially the form attached to and incorporated by this reference in this resolution as Exhibits A through E , respectively, are hereby approved: (1) “Grant Number E2S2E01C” (Exhibit A), (2) “Grant Number E2S2P01C” (Exhibit B), (3) “Grant Number E2S2O01C” (Exhibit C), (4) “Grant Number E2S2N01C” (Exhibit D), and (5) “Grant Number E2S2R01C” (Exhibit E). The Town Manager is hereby authorized and directed to sign these agreements for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks requir ed or beneficial to carry out the terms, obligations, and objectives of the aforementioned intergovernmental agreements. Marana Regular Council Meeting 09/07/2021 Page 47 of 235 - 2 - 00077052.DOCX /1 Resolution No. 2021 -122 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall , Town Attorney Marana Regular Council Meeting 09/07/2021 Page 48 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 1 of 22 Arizona Department of Transportation Multimodal Planning Division Aeronautics Group Airport Development Reimbursable Grant Agreement Part I THIS AGREEMENT is entered into _________________________________, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, through its Multimodal Planning Division (the “State”) and the Town of Marana, a political subdivision of the State of Arizona (the “Sponsor”), for a grant of State funds for the purpose of aiding in financing a Project of Install Rotating Beacon (the “Project”), for the improvement of the Marana Regional Airport the “Airport”. WITNESSETH Recitals: 1)The Sponsor desires, in accordance with the authority granted by Arizona Revised Statutes (A.R.S.) Section 28-8413, funds from the State for the purpose of airport planning and/or development. 2)The Arizona State Transportation Board, as approved on July 7, 2021 and the Director of the Arizona Department of Transportation, in accordance with the authority granted by Sections 28-304, 28-363, and 28-401 and A.R.S. Title 28, Chapter 25, have authorized reimbursement to the Sponsor of funds expended for airport planning and/or development. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties herein to be kept and performed, the parties agree as follows: Sponsor’s Responsibility 1)The Sponsor shall accept this Agreement within 4 months of the date of the grant offer cover letter: August 5, 2021. This Grant offer, if not accepted by the Sponsor, shall expire at the end of the 4-month period. 2)The Sponsor shall commence the Project within 6 months of the date the grant was executed by the State. This Project will consist of the airport improvements as described in Exhibit C. The Sponsor shall proceed with due diligence and complete the Project in accordance with the provisions of this Agreement. The Sponsor shall provide and maintain competent supervision to complete the Project in conformance with the plans, specifications and work completion schedule incorporated as part of this Agreement. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 49 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 2 of 22 3) The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached hereto, as Exhibit C, Schedules Two and Three respectively and shall complete the Project within that schedule. Any change to the schedule shall be submitted in writing and be approved by the State. A time extension beyond the State's obligation to provide funds herein must be reflected by formal Amendment to this Agreement. 4) The Sponsor shall comply with the Sponsor Assurances and abide by and enforce the General Provisions and Specific Provisions incorporated herein as Exhibits A, B and C respectively. Obligations 1) The minimum funding participation from the Sponsor shall be $3000.00 10% as determined by the State. 2) The maximum reimbursement available from the State to the Sponsor for this Agreement shall be $27,000.00 (90%). 3) Except as otherwise provided herein for the State’s obligation to provide funds hereunder expires upon completion of the project required herein or 4 years August 1, 2025, whichever is earlier. 4) The State may, after agreeing to provide said funds to the Sponsor, withdraw/terminate the grant if the Project has not been initiated as evidenced by a Notice to Proceed within 6 months of the date the grant was executed by the State or has not progressed as scheduled over a period of 12 months or if the State determines that Sponsor is not otherwise complying with the terms of this Agreement. If it becomes necessary to terminate a grant at any time, the State will reimburse expenses of the Sponsor, approved by the State, up to the time of notification of cancellation provided Sponsor is not in default hereunder. 5) Sponsor acknowledges that in the event of a late payment or reimbursement by the State, the State shall have no obligation to pay a late payment fee or interest and shall not otherwise be penalized. 6) Notwithstanding anything to the contrary herein, in the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination at its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Preliminary Work Provision Any preliminary work, for which costs for this Project were incurred after July 7, 2021 shall be considered eligible for reimbursement provided that said costs are directly related to the Project on which this Agreement is written. The State shall review related records and determine eligibility at its sole discretion. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 50 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 3 of 22 Part II The Sponsor shall approve and attach to this agreement a resolution, or Motion, or Board Action by its governing body that certifies as follows: 1) The Sponsor has the legal power and authority: a) to do all things necessary, in order to undertake and carry out the Project; b) to accept, receive and disburse grant funds from the State in aid of the Project. 2) The Sponsor now has on deposit, or is in a position to secure _______________________________________ dollars ($ ___ ), or an equivalent amount represented by Sponsor’s proposed labor and equipment costs, for use in defraying Sponsor’s share of the costs of the Project. The present status of these funds is as follows: ____________________________________________________________________________________ (Enter local funding type and location) 3) The Sponsor hereby designates __________________________________, _______________________________ Name Title to receive payments representing the State’s share of project costs. _____________________________________________ __________________________________________ Signature of Sponsor’s Representative Title of Representative 4) The Sponsor has on file with ADOT the following vendor identification and address for project payments: Sponsor Vendor Id #: IV0000001820 Sponsor Vendor Address: Town of Marana 11555 W. Civic Ctr Dr, Marana, AZ 85653 Exhibits The following Exhibits are incorporated herewith and form a part of this Agreement. Exhibit A - Sponsor Assurances Exhibit B - General Provisions Exhibit C - Specific Provisions and Project Schedules Three Thousand 3,000 Town of Marana General Fund Yiannis Kalaitzdis Finance Director Town Manager Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 51 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 4 of 22 STATE: SPONSOR: State of Arizona Town of Marana Department of Transportation Marana Regional Airport Multimodal Planning Division By: _________________________ By: _________________________ Title: Gregory Byres, Division Director Title: _________________________ Date: _________________________ Date: _________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ Terry Rozema, Town Manager Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 52 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 5 of 22 EXHIBIT A Sponsor Assurances Upon acceptance of the grant offer by the Sponsor, these assurances will become a part of this Agreement. The Sponsor hereby covenants and agrees with the State as follows: General 1) That the Project is consistent with plans (existing at the time of approval of the Project) of political jurisdictions authorized by the State to plan for the development of the area surrounding the Airport and has given fair consideration to the interest of communities in or near where the Project is to be located. In making a decision to undertake any airport development Project under this Agreement the Sponsor insures that it has undertaken reasonable consultation with affected parties using the Airport at which the Project is proposed. All appropriate development standards of Federal Aviation Administration (FAA) Advisory Circulars, Orders, or Federal Regulations shall be complied with. All related state and federal laws shall be complied with. 2) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall remain in full force and effect throughout the useful life of the facilities or the planning project’s duration developed under the grant, but in any event, not less than twenty (20) years from the date of acceptance of the grant offer by the Sponsor. 3) The Sponsor certifies in this Agreement that it is a political subdivision of the State and is the public agency with control over a public-use Airport and/or on behalf of the possible future development of an Airport and is eligible to receive grant funds for the development or possible development of an Airport under its jurisdiction. 4) The Sponsor further agrees it holds good title, satisfactory to the State, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the State that good title will be acquired. 5) That the Sponsor is the owner or lessee of the property or properties on which the Airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the State. 6) The Sponsor agrees that it has sufficient funds available for that portion of the project costs which are not to be paid by the State (or the United States). 7) The Sponsor agrees to provide and maintain competent supervision to complete the Project in conformance with this Agreement. 8) Preserving Rights and Powers: The Sponsor agrees it shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions and assurances in this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or modify any outstanding rights or claims of right by others which would interfere with such performance by the Sponsor. This will be done in a manner acceptable to the State. The Sponsor shall not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on the airport property map included in the most recent FAA-approved Airport Layout Plan, or to that portion of the property upon which State Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 53 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 6 of 22 funds have been expended, for the duration of the terms, conditions and assurances in this Agreement without approval by the State. If the transferee is found by the State to be eligible under Title 49, United States Code, to assume the obligations of this Agreement and to have the power, authority and financial resources to carry out such obligations, the Sponsor shall insert in the contract or document transferring or disposing of Sponsor’s interest and make binding upon the transferee all the terms, conditions and assurances contained in this Agreement. 9) Public Hearings: In Projects involving the location of an Airport, an airport runway or a major runway extension, the Sponsor has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental impacts of the Airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the State, submit a copy of such hearings to the State. Financial Pursuant to A.R.S. 35-326, the Sponsor may elect to utilize the Local Government Investment Pool (“LGIP”) maintained by the state treasurer. The Sponsor shall request written approval from the State to use the LGIP. Thereafter, the State may deposit the funds authorized by the grant into the Sponsor’s account. After approval of the reimbursements by the state, the funds shall be disbursed through the LGIP account to the Sponsor. The disbursements shall be made pursuant to the applicable laws and regulations. The Sponsor shall establish and maintain for each Project governed by this Agreement, an adequate accounting record to allow State personnel to determine all funds received (including funds of the Sponsor and funds received from the United States or other sources) and to determine the eligibility of all incurred costs of the Project. The Sponsor shall segregate and group project costs into cost classifications as listed in the Specific Provisions of Exhibit C. Record Keeping The Sponsor shall maintain accurate records of all labor, equipment and materials used in this Project and that upon reasonable notice, shall make available to the State, or any of their authorized representatives, for the purpose of audit and examination all records, books, papers or documents of the recipient relating to work performed under this Agreement. For airport development Projects, make the Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the State upon reasonable request. Airport Based Aircraft Reporting The Sponsor shall furnish to the State on a quarterly basis, a current detailed listing (including: Registration/N Number, Name, Address and Phone Number of Owner) of all based aircraft on the Airport in a form approved by the State. Airport Layout Plan 1) The Sponsor shall maintain a current signed/approved Airport Layout Plan (ALP) of the Airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State an updated ALP of the Airport as changes are made. 2) The Sponsor shall be required to prepare an ALP for update or revalidation in accordance with current FAA and State standard guidelines. The ALP will indicate any deviations from FAA design standards as outlined in current FAA Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 54 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 7 of 22 Advisory Circulars, orders or regulations. A copy of the signed/approved ALP in electronic format shall be forwarded to the State after authentication by FAA or the State. 3) The Sponsor shall assure that there are no changes to the airport property boundaries, together with any off-site areas owned or controlled by the Sponsor which support the Airport or its operations as a part of this project. 4) If a change or alteration is made at the Airport which the State determines adversely affects the safety, utility or efficiency of the Airport, or any State funded property on or off Airport which is not in conformity with the ALP as approved by the State, the Sponsor will, if requested by the State, eliminate such adverse affect in a manner approved by the State. Immediate Vicinity Land Use Restriction The Sponsor shall restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal airport operations and to take appropriate action including the adoption of appropriate zoning laws. In addition, if the Project is for noise compatibility or to protect the 14 CFR Part 77 imaginary surfaces of the Airport, the Sponsor will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures or the imaginary surfaces of the Airport upon which State funds have been expended. Airport Operation 1) The Sponsor shall promote safe airport operations by clearing and protecting the approaches to the Airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. The Sponsor shall take appropriate action to assure such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by preventing the establishment or creation of future airport hazards. The Sponsor shall promptly notify airmen of any condition affecting aeronautical use of the Airport. 2) The Sponsor further agrees to operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other airport facilities. 3) In any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor shall insert and enforce provisions requiring said person, firm or corporation: a) to furnish services on a reasonable and not unjustly discriminatory basis to all users thereof and charge reasonable and not unjustly discriminatory prices for each unit or service; b) and be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers; Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 55 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 8 of 22 c) each Fixed Based Operator (FBO) and Air Carrier at the Airport shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other FBOs and Air Carriers making the same or similar uses of the Airport and utilizing the same or similar facilities; d) each Air Carrier using such Airport shall have the right to service itself or to use any FBO that is authorized or permitted by the Airport to serve any Air Carrier at the Airport. 4) The Sponsor shall not exercise or grant any right or privilege which operates to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance, repair and fueling) that it may choose to perform. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by a commercial aeronautical operator authorized by the Sponsor under these provisions. 5) The Sponsor shall suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 6) The Sponsor shall not permit an exclusive right for the use of the Airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, providing services at an Airport by a single FBO shall not be construed as an “exclusive right” if: a) it would be unreasonably costly, burdensome or impractical for more than one FBO; and b) if allowing more than one FBO to provide such services would require a reduction of space leased pursuant to an existing agreement between a single FBO and the Airport. Note: Aeronautical activities that are covered by this paragraph include, but are not limited to: charter flights, pilot training, aircraft rental, sightseeing, air carrier operations, aircraft sales and services, aerial photography, agricultural spraying, aerial advertising and surveying, sale of aviation petroleum products whether or not conducted in conjunction with any other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. 7) The Sponsor shall terminate any exclusive right to conduct an aeronautical activity now existing at the Airport before any grant of assistance from the State. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the Airport is used as an Airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with State funds. 8) Airport Pavement Preservation Program: The Sponsor certifies that they have implemented an effective pavement preservation management program at the Airport in accordance with Public Law 103-305 and with the most current associated FAA policies and guidance for the replacement, reconstruction or maintenance of pavement at the Airport. The Sponsor assures that it shall use and follow this program for the useful life of the pavement constructed, reconstructed or repaired with financial assistance from the State and that it will provide such reports on pavement condition and pavement management programs as may be required by the State. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 56 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 9 of 22 Sponsor Transactions The Sponsor shall refrain from entering into any transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the Sponsor, the Sponsor shall reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants or insure that such an arrangement also requires compliance therewith. Airport Revenues The Sponsor shall maintain a fee and rental structure for the facilities and services at the Airport which will make the Airport as self-sustaining as possible under the circumstances existing at the particular Airport, taking into account such factors as the volume of traffic and economy of collection. All revenues generated by the Airport (and any local taxes established after Dec 30, 1987), will be expended by it for the capital or operating costs of the Airport; the local airport system; or the local facilities which are owned or operated by the owner or operator of the Airport and which are directly or substantially related to the actual air transportation of passengers or property, on or off the Airport. Disposal of Land 1) For land purchased under a grant for airport development purposes (it is needed for aeronautical purposes, including runway protection zones, or serve as noise buffer land; and revenue from the interim use of the land contributed to the financial self-sufficiency of the Airport), the Sponsor shall apply to the State and FAA for permission to dispose of such land. If agreed to by the State and/or FAA, the Sponsor shall dispose of such land at fair market value and make available to the State and FAA an amount that is proportionate to the State and FAA’s share of the cost of the land acquisition. That portion of the proceeds of such disposition, which is proportionate to the share of the cost of acquisition of such land, shall be (a) reinvested in another eligible airport development Project or Projects approved by the State and FAA or (b) be deposited to the Aviation Trust Fund if no eligible Project exists. 2) Disposition of such land shall be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the Airport. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 57 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 10 of 22 EXHIBIT B General Provisions Employment of Consultants The term consultant, as used herein, includes planners, architects and/or engineers. If a consultant is to be used for this Project, the Sponsor agrees to consider at least three (3) consultant firms. If the Sponsor has contracted with or will contract with a consultant on a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at least three (3) consultants were or will be considered. The Sponsor shall submit to the State, for review and approval, a copy of the request for proposals and/or request for qualifications, and the proposed consultant contract prior to its execution and upon award of the contract, a fully executed copy. All requests for qualifications and requests for proposals shall be in accordance with A.R.S. 34, Chapters 1, 2 and 6, and shall include a list of projects and project locations to be awarded project contracts. Contracts 1) The Sponsor as an independent entity and not as an agent of the State may obtain the services required in order to fulfill the work outlined in the Project Description as approved by the State for funding in the Airport Capital Improvement Program. All contracts awarded to accomplish the project work described in this Agreement shall state: a) The name of the consultant authorized to perform the work and to communicate on behalf of the Sponsor; b) The Sponsor must insure that contracts issued under this Agreement comply with the provisions of Arizona Executive Order 75-5 as amended by Arizona Executive Order 2009-9, relating to equal opportunity; c) The terms for termination of the contract either for failure to perform or in the best interest of the Sponsor; d) The duly authorized representatives of the State shall have access to any books, documents, papers and records of the consultant and/or contractor which are in any way pertinent to the contract for a period of five years, in accordance with A.R.S. 35-214, for the purpose of making inspections, audits, examinations, excerpts and transcriptions. 2) All contracts shall stipulate and make clear: a) The responsibilities of the consultant to gain authorization for changes on the Project which may have an affect on the contract price, scope, or schedule; b) That all construction contractors and sub-contractors hired to perform services, shall be in compliance with A.R.S. 32, Chapter 10. c) That any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. That these items shall be made available to the public. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 58 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 11 of 22 d) That any travel shall be reimbursable by the State only within the rules and costs in accordance with the State of Arizona Travel Policy. 3) Liability of Subcontractors 1) It shall be the responsibility of the Sponsor to ensure through contractual agreement that any independent contractor, subcontractors, or sub consultants utilized by the Sponsor, defend, indemnify, save, and hold harmless the State and any of their departments, divisions, agencies, officers, or employees who may be obligated to pay by reason of any liability imposed upon any of the above for damages arising out of any error, negligence, omissions, or act of the independent contractor, subcontractor, or sub consultant. Conflict of Interest Each consultant submitting a proposal shall certify that it shall comply with, in all respects, the rules of professional conduct set forth in Arizona Administrative Code R4-30-301. In addition, a conflict of interest shall be cause for disqualifying a consultant from consideration; or terminating a contract if the conflict should occur after the contract is made. A potential conflict of interest includes, but is not limited to: 1) Accepting an assignment where duty to the client would conflict with the consultant's personal interest, or interest of another client. 2) Performing work for a client or having an interest which conflicts with this contract. Reports 1) Reimbursement Requirements a). The Sponsor shall submit quarterly Grant Reimbursement Requests (GRR’s) to the Aeronautics Grant Manager after the date of the grant agreement has been signed by both Sponsor and State. b). The Sponsor shall prepare quarterly (GRR) forms with the appropriate invoices attached which clearly indicate the project’s progress to date and the amount of reimbursement due by virtue of that progress. All GRR’s for payment shall be for work completed unless otherwise agreed to by State. (i). The State has the right to withhold reimbursement payments if the Sponsor does not fill out the State GRR form correctly. If the State does decide to withhold payments to the Sponsor for any reason, it must provide written notification and an explanation to the Sponsor within ten (10) days of the date of the invoice submitted. c). The State has the right to suspend any current or future grants should the Sponsor neglect to make a grant reimbursement request after 180 days as stated on the Projected Reimbursement Requests / State Cash Flow section of the grant agreement under Exhibit C, Schedule 2. d). An Airport may be awarded a pavement management agreement through the State’s Airport Pavement Management System (APMS Program). Sponsors receiving APMS treatment will be responsible for 10% of the eligible construction cost. Outstanding balances after final costs reconciliation shall be paid to the State upon Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 59 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 12 of 22 written notice. Any unpaid balance by the Sponsor can result in suspension of participation in the State’s Airport Pavement Management System and State/Local Grants. 2) The Sponsor shall submit monthly status reports during planning, shall submit monthly status reports during design, and shall submit weekly reports during construction. All reports shall reflect, at a minimum, the progress accomplished in relation to the Grant and Project schedules and milestones, the reasons for any changes, and the recommended corrections of problems encountered. Upon completion of the Project, the Sponsor shall submit a letter to the State specifying that the Project has been completed to their satisfaction and that the consultant and the contractor have completed their contractual responsibilities. Changes Any changes to the consultant contract, authorized by the Sponsor, that include additional funds, time and/or scope, shall be by amendment and shall be approved by the State prior to being made in order to be eligible for reimbursement. Approval of a change by the State shall not obligate the State to provide reimbursement beyond the maximum funds obligated by this Agreement. Any increase to the amount of funds authorized hereunder, to the expiration date of this agreement, or to the scope of work included in this agreement must be by formal amendment, and signed by all parties. Any changes to the contract documents, authorized by the Sponsor, must be approved by the State prior to any changes being made in order to be eligible for reimbursement. Audit Upon completion of the Project, the Sponsor agrees to have an audit performed. The audit examination may be a separate project audit or in accordance with the Single Audit Act of 1984 (Single Audit). If the Sponsor is required under law to have a Single Audit, this Project shall be considered for inclusion in the scope of examination. The Sponsor shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Project supplied by other sources, and such other financial records pertinent to the Project. The accounts and records will be kept in accordance with A.R.S. 35-214. In any case in which an independent audit is made of the accounts of a Sponsor relating to the disposition of the proceeds of a grant relating to the Project in connection with which the grant was given or used, it shall file a certified copied of such audit with the State not later than six (6) months following the close of the fiscal year in which the audit was made. The Sponsor shall make available to the State or any of their other duly authorized representatives, for the purpose of audit and examination, any books, documents, papers and records of the recipient that are pertinent to the grant. The Sponsor further agrees to provide the State a certified copy of the audit report. The State is to determine the acceptability of this audit. Suspension If the Sponsor fails to comply with any conditions of this Agreement, the State, by written notice to the Sponsor, may suspend participation and withhold payments until appropriate corrective action has been taken by the Sponsor. Costs incurred during a period of suspension may not be eligible for reimbursement by the State. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 60 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 13 of 22 Failure to Perform If the Sponsor fails to comply with the conditions of this Agreement the State, may by written notice to the Sponsor, terminate this Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and the eligibility of costs incurred prior to termination. The State shall not reimburse any costs incurred after the date of termination. Termination for Convenience When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder, the State may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. In the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination as its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Waiver by State No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a default, failure to perform or to take any other action on account of any violation that continues or repeats. Compliance with Laws The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances, policies, advisory circulars, and decrees that are applicable to the performance hereunder. Arbitration In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. Section 12-1518. Jurisdiction Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of competent jurisdiction within Maricopa County, State of Arizona. Excess of Payments If it is found that the total payments to the Sponsor exceed the State's share of allowable project costs, the Sponsor shall promptly return the excess to the State. Final determination of the State's share of allowable costs shall rest solely with the State. Any reimbursement to the Sponsor by the State not in accordance with this Agreement or unsubstantiated by project records will be considered ineligible for reimbursement and shall be returned promptly to the State. State Inspectors Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 61 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 14 of 22 At any time and/or prior to final payment of funds for work performed under this Agreement, the State may perform an inspection of the work performed to assure compliance with the terms herein and to review the workmanship of the Sponsor's contractors and/or consultants. No inspector is authorized to change any provisions of this Agreement or any provisions of Agreements between the Sponsor and the Sponsor's contractor and/or consultant. Indemnification The State of Arizona, acting by and through the Arizona Department of Transportation, does not assume any liability to third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting from the performance of this Agreement or any subcontract hereunder. The Sponsor shall indemnify and hold harmless the State, any of their departments, agencies, officers and employees from any and all liability, loss or damage the State may suffer as a result of claims, demands, costs or judgments of any character arising out of the performance or non-performance of the Sponsor or its independent contractors in carrying out any provisions of this Agreement. In the event of any action, this indemnification shall include, but not be limited to, court costs, expenses of litigation and reasonable attorney's fees. Required Provisions Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. Property of the Sponsor and State Any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. The Sponsor shall give the State unrestricted authority to publish, disclose, distribute and otherwise use at no cost to the State any of the material prepared in connection with this grant. At the completion of the project, the Sponsor shall provide the State with an electronic copy, in a format useable by the State, and one hard copy in a format useable by the State, of final plans, specifications, reports, planning documents, and/or other published materials as produced as a result of this project. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this Agreement, the Sponsor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Sponsor”) agrees to comply with the following non-discrimination statutes and authorities, Including but not limited to: 1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 2) 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation – Effectuation of Title VI of The Civil Rights Act of 1964); 3) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 62 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 15 of 22 4) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5) The Age Discrimination Act of 1957, as amended, (42 U.S. C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs of activities” to include all the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8) Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10) Executive Order 12898, Federal Actions to Address Environmental justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin, discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discrimination because of sex in education programs or activities (20 U.S.C 1681 et. Seq.). 13) All parties shall comply with all applicable federal, state, county, cities, and local laws, rules, regulations, and assurances in addition to all applicable provisions of Title 14 (Aeronautics and Space Chapter 1 – Federal Aviation Administration, Department of Transportation) and Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 63 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 16 of 22 EXHIBIT C Specific Provisions and Project Schedules Provisions for Design/Construction Financial Cost Categories The Sponsor shall segregate and group project costs in categories as follows: 1) “Design/Engineering Services” (as applicable), including topographic surveys/mapping, geometric design, plans preparation, geotechnical and pavement design, specifications, contract documents. 2) “Construction” (must be accounted for in accordance with approved work items as presented in the bid tabulation). 3) “Construction Engineering” (as applicable), including contract administration, inspection/field engineering, materials testing, construction staking/as-built plans and other. 4) “Sponsor Administration” directly associated with this Project (not to exceed 5% of project costs). 5) “Sponsor Force Account” contribution (if applicable). 6) “Contingencies” (not to exceed 5% of construction costs). 7) “Other” with prior approval of the State. Design Review – Plans, Specifications and Estimates Plans, specifications and estimates shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall conduct a Concept Design Review meeting with the State and Sponsor’s consultant at approximately the thirty percent (30%) completion point in the design of the Project, and a Final Design Review at one hundred percent (100%) plan completion. These mandatory reviews shall be completed before the Sponsor will be permitted to proceed with the Project. The State shall issue an approval to proceed with final design upon satisfactory completion of the 30% review. The State shall issue an approval of the 100% plans, specifications and estimates upon satisfactory completion of the 100% review. Upon State approval, the Sponsor may proceed to advertising if construction is included in the scope of the Project, or must close the Project and submit a final grant reimbursement request if the grant is for design only. Any modification to the approved plans, specifications and estimates authorized by the Sponsor shall also be subject to approval of the State. Changes made to approved plans, specifications, and estimates at any time must be authorized by the State prior to executing the changes in order to be eligible for reimbursement by the State. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 64 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 17 of 22 The National Environmental Policy Act (NEPA) documentation must be complete and approved by the State and/or FAA prior to construction. The Sponsor shall submit a copy of the documentation to the State. FAA Notice of Proposed Construction The Sponsor agrees to submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration before construction, installation or alteration of any Project under this Agreement that falls under the requirements of Subpart B to Part 77, Objects Affecting Navigable Airspace. Bidding - Alternate Bidding Methods Design, Bid, Build is the standard and preferred method for project delivery for State airport development grant projects. Alternative contracting methods (Design Build, Construction Manager at Risk, Task Order Contract) may be used in accordance with A.R.S. Title 34, Chapters 1, 2 and 6. Use of an alternative contracting method shall be reviewed and approved by the State prior to the Sponsor executing a contract for the work. If a project is approved for an alternative contracting method, the Sponsor must comply with all Federal, State, and Local policies, regulations, rules, and laws, as well as all requirements of this grant agreement within that method. Based on Bids If a Sponsor has requested a match to a Federal construction grant that was based on bids (the project was already advertised by the Sponsor with no existing State airport development grant for the design work), then all design coordination with the State required by this agreement must have been met during the design process for any prior design work to be considered eligible for reimbursement by the State. The State shall review any documentation and work done prior to bidding and, at its sole discretion, determine the eligibility of the work. Only work items necessary to complete the Project as stated in Exhibit C, Schedule One, Project Description, may be considered eligible. Contractor Allowance This item may only be used to cover costs of unknown, unforeseen circumstances within the scope of the grant that are necessary for Project completion. (For example: if unknown underground utilities must be removed or relocated to accomplish the Project) This item must have prior approval of the State for each use of the item during construction in order to be eligible for reimbursement by the State. The bid item shall be clearly defined in the contract documents with concise language describing when it may be utilized. It shall also be specified that the item may not be used at all. The allowance may only be used for unforeseen items directly related to the Project. Contingencies Contingencies are to be used as an estimating tool during the preliminary phases of Project development. They are intended to allow room in the grant funding level for reasonable price increases or approved added items during design. Contingencies are not eligible for reimbursement by the State as bid items in a construction contract. Itemized Allowance Use of an itemized allowance items may only be included in a contract with prior approval of the State. Any use of an itemized allowance bid item as part of a grant must be for a clearly defined portion of the project. (For example: cabinet allowance – cabinets in terminal storage room as shown on plans to be selected by Sponsor, or carpet allowance – industrial Berber carpet for 200 SF lobby to be selected by Sponsor) Each contract allowance item must be approved by Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 65 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 18 of 22 the State in order to be included in the bid package. The State will not approve use of an item to cover expenses not directly related to the item. (For example: Left over funds from cabinet allowance cannot be used to purchase light fixtures) Construction Inspection Airport planning, design, project estimates, bidding, and construction inspection are the direct responsibility of the Sponsor and may be accomplished by the Sponsor's staff or by a qualified consultant. The Sponsor shall provide and maintain competent technical supervision throughout the Project to assure that the work conforms to the plans, specifications and schedules approved by the State and the Sponsor. Construction inspection shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall subject the construction work and any related documentation on any Project contained in an approved Project application to inspection and approval by the State and the FAA. The State shall, if in accordance with regulations and procedures, prescribe such work as needed for the Project. Change Orders The Sponsor shall notify the State in advance of the need for a change. Such notification shall clearly define the changed or added bid items, the locations of changed work, the quantities and costs of changed work, and the time required for the change. Justification for the change must be provided to the State by the Sponsor. Change orders may be approved by the State only if they are clearly necessary to accomplish the original grant scope. If approval is granted by the State, the Sponsor shall follow up with the written change order for the State’s review and approval in a timely manner. The Sponsor may not request reimbursement for the work done under a change order until the change order is approved by the State. Construction Contract Documents Any changes to the construction contract documents (including scope, time and amount), authorized by the Sponsor, must be approved by the State prior to being implemented by the Sponsor in order to be eligible for reimbursement under the grant. All changes, as well as any notifications and approvals related to the changes, shall be documented in the final contract documents, change orders, and as built plans provided to the State at the end of the contract. Verbal requests and approvals are not sufficient as documentation for reimbursement. Final reimbursements will not be made until all documentation is received by the State. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 66 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 19 of 22 Design/Construction Project Schedules The Schedule Forms are intended to identify and monitor project scope, costs, and basic milestones that will be encountered during various phases of the Project. The Sponsor shall complete these three schedules showing the project description and total costs, project reimbursements (cash flow) schedule and project milestones. Schedule One shows the total Project estimated costs associated with each share - State and Federal and Local. Schedule Two shows a projected cash flow for State funds only. The Sponsor is to estimate requests to the State for Project reimbursement. Schedule Three shows anticipated dates of Project milestones. These schedules will be used to keep track of the Project’s progress. Be sure to develop realistic schedules. As the project progresses, and the original reimbursement schedule and or milestone dates change, the Sponsor must submit a revised Schedule to the State for approval. Schedule One Design/Construction Project Description and Funding Allocation Detailed Project Description: Install Rotating Beacon Project Cost Category Total Estimated Project Cost Estimated Local Share Estimated Federal Share Estimated State Share* Design/Engineering Services $ $ $ $ Construction $ $ $ $ Construction Engineering $ $ $ $ Sponsor Administration** $ $ $ $ Sponsor Force Account Work*** $ $ $ $ Contingencies $ $ $ $ Total Project Costs $ $ $ $ *Total of this column to be used in Schedule Two. ** Sponsor Administration is not eligible for reimbursement above 5% of the project costs. *** All force account work is to be approved by the State prior to the grant agreement being signed. NOTE: The Sponsor must attach a project plan based upon the ALP that clearly shows the scope and the limits of the work. 30,000 30,000 3,000 3,000 27,000 27,000 Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 67 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 20 of 22 Schedule Two Design/Construction Project Reimbursement Schedule The Sponsor must complete this Project Reimbursement Schedule showing the projected cash flow of State grant funds only for this Project. Projections must include all consultant and contractor services. The reimbursement schedule should be a realistic schedule and will be used to keep track of a project’s progress. Reimbursement requests must be submitted regularly by the Sponsor while the grant is active. The cash flow should reflect when a request is submitted to the State, not when invoices are paid by the Sponsor. Instructions: 1) For “Total State Funds” below, enter the Total Project Costs/Estimated State Share from Schedule One. 2) For each month/year, indicate the projected reimbursement request amount for State Funds Only (use whole dollars only, e.g. $540 or $1,300). 3) Continue the process by entering a Zero (Ø) in the month/year for which no reimbursement is anticipated and/or a dollar amount of the reimbursement, until the total State funds are accounted for in the cash flow. Total State Funds: $27,000.00 Projected Reimbursement Requests / State Cash Flow Calendar Year Jan Feb Mar Apr May Jun 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Calendar Year Jul Aug Sep Oct Nov Dec 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 68 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 21 of 22 Grants expire 4 years from the date of the grant offer. The Sponsor shall schedule the work to be completed within the 4 years. Schedule Three Design/Construction Project Milestones Milestone Duration Guidelines The below duration periods are intended to provide guidelines for you to consider. These are average time periods (in calendar days), but it is understood these periods may vary by Sponsor and Project, and are subject to modification. If an entry on the form is not applicable, write N/A. 1) The Consultant Selection Phase for all Projects, regardless of type, is approximately ninety (90) days but should not exceed one hundred eighty (180) days. 2) The Design/Engineering Phase is subject to the type and complexity of the Project, however, most designs can be accomplished within one hundred eighty (180) days to two hundred and seventy (270) days. 3) The Bidding Phase typically should be sixty (60) days or less. 4) The Construction Phase is dependent upon the type of Project, the airport traffic, and the available construction season, generally ninety (90) days to three hundred sixty (360) days. 5) The State review periods should be fifteen (15) days. Design/Construction Milestone Schedule Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 69 of 235 Grant Number E2S2E01C Town of Marana Marana Regional Airport Page 22 of 22 Milestones Duration # of Days Start Date Completion Date Proposed Actual Proposed Actual Consultant Selection Phase Submit Scope for State Review/Approval* Submit Contract for State Review/Approval Award Consultant Contract Design & Engineering Phase Sponsor Issue Notice to Proceed/Start Design Conduct 30% Design Review/Approval Conduct Final Design Review/Bid Set Submitted (100%) for Review/Approval Bidding Phase Bid Set Submitted (100%) for Review/Approval Issue Invitation for Bids Submit Bid Tab for State Review/Approval Award Construction Contract/Submit to the State Construction Phase Pre-Construction Meeting Issue NTP – Begin Construction Final Inspection Submit As-Builts & Final Documentation Submit Final Reimbursement Request and Sponsor Closeout Letter * The solicitation for qualifications and the service agreements must contain a list of projects, including this grant project, per A.R.S. 34-Chapter 6. Exhibit A to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 70 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 1 of 22 Arizona Department of Transportation Multimodal Planning Division Aeronautics Group Airport Development Reimbursable Grant Agreement Part I THIS AGREEMENT is entered into _________________________________, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, through its Multimodal Planning Division (the “State”) and the Town of Marana, a political subdivision of the State of Arizona (the “Sponsor”), for a grant of State funds for the purpose of aiding in financing a Project of Apron, Rehabilitate East Hangar Apron Reconstruction (the “Project”), for the improvement of the Marana Regional Airport (the “Airport”). WITNESSETH Recitals: 1)The Sponsor desires, in accordance with the authority granted by Arizona Revised Statutes (A.R.S.) Section 28-8413, funds from the State for the purpose of airport planning and/or development. 2)The Arizona State Transportation Board, as approved on July 9, 2021 and the Director of the Arizona Department of Transportation, in accordance with the authority granted by Sections 28-304, 28-363, and 28-401 and A.R.S. Title 28, Chapter 25, have authorized reimbursement to the Sponsor of funds expended for airport planning and/or development. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties herein to be kept and performed, the parties agree as follows: Sponsor’s Responsibility 1)The Sponsor shall accept this Agreement within 4 months of the date of the grant offer cover letter: August 6, 2021. This Grant offer, if not accepted by the Sponsor, shall expire at the end of the 4-month period. 2)The Sponsor shall commence the Project within 6 months of the date the grant was executed by the State. This Project will consist of the airport improvements as described in Exhibit C. The Sponsor shall proceed with due diligence and complete the Project in accordance with the provisions of this Agreement. The Sponsor shall provide and maintain competent supervision to complete the Project in conformance with the plans, specifications and work completion schedule incorporated as part of this Agreement. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 71 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 2 of 22 3)The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached hereto, as Exhibit C, Schedules Two and Three respectively and shall complete the Project within that schedule. Any change to the schedule shall be submitted in writing and be approved by the State. A time extension beyond the State's obligation to provide funds herein must be reflected by formal Amendment to this Agreement. 4)The Sponsor shall comply with the Sponsor Assurances and abide by and enforce the General Provisions and Specific Provisions incorporated herein as Exhibits A, B and C respectively. Obligations 1)The minimum funding participation from the Sponsor shall be $25,000.00 (10%) as determined by the State. 2)The maximum reimbursement available from the State to the Sponsor for this Agreement shall be $225,000.00 (90%) 3)Except as otherwise provided herein for the State’s obligation to provide funds hereunder expires upon completion of the project required herein or August 1, 2025, whichever is earlier. 4)The State may, after agreeing to provide said funds to the Sponsor, withdraw/terminate the grant if the Project has not been initiated as evidenced by a Notice to Proceed within 6 months of the date the grant was executed by the State or has not progressed as scheduled over a period of 12 months or if the State determines that Sponsor is not otherwise complying with the terms of this Agreement. If it becomes necessary to terminate a grant at any time, the State will reimburse expenses of the Sponsor, approved by the State, up to the time of notification of cancellation provided Sponsor is not in default hereunder. 5)Sponsor acknowledges that in the event of a late payment or reimbursement by the State, the State shall have no obligation to pay a late payment fee or interest and shall not otherwise be penalized. 6)Notwithstanding anything to the contrary herein, in the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination at its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Preliminary Work Provision Any preliminary work, for which costs for this Project were incurred after July 9, 2021 shall be considered eligible for reimbursement provided that said costs are directly related to the Project on which this Agreement is written. The State shall review related records and determine eligibility at its sole discretion. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 72 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 3 of 22 Part II The Sponsor shall approve and attach to this agreement a resolution, or Motion, or Board Action by its governing body that certifies as follows: 1)The Sponsor has the legal power and authority: a)to do all things necessary, in order to undertake and carry out the Project; b)to accept, receive and disburse grant funds from the State in aid of the Project. 2)The Sponsor now has on deposit, or is in a position to secure _______________________________________ dollars ($ ___ ), or an equivalent amount represented by Sponsor’s proposed labor and equipment costs, for use in defraying Sponsor’s share of the costs of the Project. The present status of these funds is as follows: ____________________________________________________________________________________ (Enter local funding type and location) 3)The Sponsor hereby designates __________________________________, _______________________________ Name Title to receive payments representing the State’s share of project costs. _____________________________________________ __________________________________________ Signature of Sponsor’s Representative Title of Representative 4)The Sponsor has on file with ADOT the following vendor identification and address for project payments: Sponsor Vendor Id #: IV0000001820 Sponsor Vendor Address: Town of Marana 11555 W. Civic Ctr Dr, Marana, AZ 85653 Twenty Five Thousand 25,000 Town of Marana General Fund Yiannis Kalaitzdis Finance Director Town Manager Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 73 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 4 of 22 Exhibits The following Exhibits are incorporated herewith and form a part of this Agreement. Exhibit A - Sponsor Assurances Exhibit B - General Provisions Exhibit C - Specific Provisions and Project Schedules STATE: SPONSOR: State of Arizona Town of Marana Department of Transportation Marana Regional Airport Multimodal Planning Division By: _________________________ By: _________________________ Title: Gregory Byres, Division Director Title: _________________________ Date: _________________________ Date: _________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ Terry Rozema, Town Manager Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 74 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 5 of 22 EXHIBIT A Sponsor Assurances Upon acceptance of the grant offer by the Sponsor, these assurances will become a part of this Agreement. The Sponsor hereby covenants and agrees with the State as follows: General 1)That the Project is consistent with plans (existing at the time of approval of the Project) of political jurisdictions authorized by the State to plan for the development of the area surrounding the Airport and has given fair consideration to the interest of communities in or near where the Project is to be located. In making a decision to undertake any airport development Project under this Agreement the Sponsor insures that it has undertaken reasonable consultation with affected parties using the Airport at which the Project is proposed. All appropriate development standards of Federal Aviation Administration (FAA) Advisory Circulars, Orders, or Federal Regulations shall be complied with. All related state and federal laws shall be complied with. 2)That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall remain in full force and effect throughout the useful life of the facilities or the planning project’s duration developed under the grant, but in any event, not less than twenty (20) years from the date of acceptance of the grant offer by the Sponsor. 3)The Sponsor certifies in this Agreement that it is a political subdivision of the State and is the public agency with control over a public-use Airport and/or on behalf of the possible future development of an Airport and is eligible to receive grant funds for the development or possible development of an Airport under its jurisdiction. 4)The Sponsor further agrees it holds good title, satisfactory to the State, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the State that good title will be acquired. 5)That the Sponsor is the owner or lessee of the property or properties on which the Airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the State. 6)The Sponsor agrees that it has sufficient funds available for that portion of the project costs which are not to be paid by the State (or the United States). 7)The Sponsor agrees to provide and maintain competent supervision to complete the Project in conformance with this Agreement. 8)Preserving Rights and Powers: The Sponsor agrees it shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions and assurances in this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or modify any outstanding rights or claims of right by others which would interfere with such performance by the Sponsor. This will be done in a manner acceptable to the State. The Sponsor shall not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on the airport property map included in the most recent FAA-approved Airport Layout Plan, or to that portion of the property upon which State Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 75 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 6 of 22 funds have been expended, for the duration of the terms, conditions and assurances in this Agreement without approval by the State. If the transferee is found by the State to be eligible under Title 49, United States Code, to assume the obligations of this Agreement and to have the power, authority and financial resources to carry out such obligations, the Sponsor shall insert in the contract or document transferring or disposing of Sponsor’s interest and make binding upon the transferee all the terms, conditions and assurances contained in this Agreement. 9)Public Hearings: In Projects involving the location of an Airport, an airport runway or a major runway extension, the Sponsor has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental impacts of the Airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the State, submit a copy of such hearings to the State. Financial Pursuant to A.R.S. 35-326, the Sponsor may elect to utilize the Local Government Investment Pool (“LGIP”) maintained by the state treasurer. The Sponsor shall request written approval from the State to use the LGIP. Thereafter, the State may deposit the funds authorized by the grant into the Sponsor’s account. After approval of the reimbursements by the state, the funds shall be disbursed through the LGIP account to the Sponsor. The disbursements shall be made pursuant to the applicable laws and regulations. The Sponsor shall establish and maintain for each Project governed by this Agreement, an adequate accounting record to allow State personnel to determine all funds received (including funds of the Sponsor and funds received from the United States or other sources) and to determine the eligibility of all incurred costs of the Project. The Sponsor shall segregate and group project costs into cost classifications as listed in the Specific Provisions of Exhibit C. Record Keeping The Sponsor shall maintain accurate records of all labor, equipment and materials used in this Project and that upon reasonable notice, shall make available to the State, or any of their authorized representatives, for the purpose of audit and examination all records, books, papers or documents of the recipient relating to work performed under this Agreement. For airport development Projects, make the Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the State upon reasonable request. Airport Based Aircraft Reporting The Sponsor shall furnish to the State on a quarterly basis, a current detailed listing (including: Registration/N Number, Name, Address and Phone Number of Owner) of all based aircraft on the Airport in a form approved by the State. Airport Layout Plan 1)The Sponsor shall maintain a current signed/approved Airport Layout Plan (ALP) of the Airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State an updated ALP of the Airport as changes are made. 2)The Sponsor shall be required to prepare an ALP for update or revalidation in accordance with current FAA and State standard guidelines. The ALP will indicate any deviations from FAA design standards as outlined in current FAA Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 76 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 7 of 22 Advisory Circulars, orders or regulations. A copy of the signed/approved ALP in electronic format shall be forwarded to the State after authentication by FAA or the State. 3)The Sponsor shall assure that there are no changes to the airport property boundaries, together with any off-site areas owned or controlled by the Sponsor which support the Airport or its operations as a part of this project. 4)If a change or alteration is made at the Airport which the State determines adversely affects the safety, utility or efficiency of the Airport, or any State funded property on or off Airport which is not in conformity with the ALP as approved by the State, the Sponsor will, if requested by the State, eliminate such adverse affect in a manner approved by the State. Immediate Vicinity Land Use Restriction The Sponsor shall restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal airport operations and to take appropriate action including the adoption of appropriate zoning laws. In addition, if the Project is for noise compatibility or to protect the 14 CFR Part 77 imaginary surfaces of the Airport, the Sponsor will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures or the imaginary surfaces of the Airport upon which State funds have been expended. Airport Operation 1)The Sponsor shall promote safe airport operations by clearing and protecting the approaches to the Airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. The Sponsor shall take appropriate action to assure such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by preventing the establishment or creation of future airport hazards. The Sponsor shall promptly notify airmen of any condition affecting aeronautical use of the Airport. 2)The Sponsor further agrees to operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other airport facilities. 3)In any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor shall insert and enforce provisions requiring said person, firm or corporation: a)to furnish services on a reasonable and not unjustly discriminatory basis to all users thereof and charge reasonable and not unjustly discriminatory prices for each unit or service; b)and be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers; Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 77 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 8 of 22 c)each Fixed Based Operator (FBO) and Air Carrier at the Airport shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other FBOs and Air Carriers making the same or similar uses of the Airport and utilizing the same or similar facilities; d)each Air Carrier using such Airport shall have the right to service itself or to use any FBO that is authorized or permitted by the Airport to serve any Air Carrier at the Airport. 4)The Sponsor shall not exercise or grant any right or privilege which operates to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance, repair and fueling) that it may choose to perform. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by a commercial aeronautical operator authorized by the Sponsor under these provisions. 5)The Sponsor shall suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 6)The Sponsor shall not permit an exclusive right for the use of the Airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, providing services at an Airport by a single FBO shall not be construed as an “exclusive right” if: a) it would be unreasonably costly, burdensome or impractical for more than one FBO; and b)if allowing more than one FBO to provide such services would require a reduction of space leased pursuant to an existing agreement between a single FBO and the Airport. Note: Aeronautical activities that are covered by this paragraph include, but are not limited to: charter flights, pilot training, aircraft rental, sightseeing, air carrier operations, aircraft sales and services, aerial photography, agricultural spraying, aerial advertising and surveying, sale of aviation petroleum products whether or not conducted in conjunction with any other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. 7)The Sponsor shall terminate any exclusive right to conduct an aeronautical activity now existing at the Airport before any grant of assistance from the State. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the Airport is used as an Airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with State funds. 8)Airport Pavement Preservation Program: The Sponsor certifies that they have implemented an effective pavement preservation management program at the Airport in accordance with Public Law 103-305 and with the most current associated FAA policies and guidance for the replacement, reconstruction or maintenance of pavement at the Airport. The Sponsor assures that it shall use and follow this program for the useful life of the pavement constructed, reconstructed or repaired with financial assistance from the State and that it will provide such reports on pavement condition and pavement management programs as may be required by the State. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 78 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 9 of 22 Sponsor Transactions The Sponsor shall refrain from entering into any transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the Sponsor, the Sponsor shall reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants or insure that such an arrangement also requires compliance therewith. Airport Revenues The Sponsor shall maintain a fee and rental structure for the facilities and services at the Airport which will make the Airport as self-sustaining as possible under the circumstances existing at the particular Airport, taking into account such factors as the volume of traffic and economy of collection. All revenues generated by the Airport (and any local taxes established after Dec 30, 1987), will be expended by it for the capital or operating costs of the Airport; the local airport system; or the local facilities which are owned or operated by the owner or operator of the Airport and which are directly or substantially related to the actual air transportation of passengers or property, on or off the Airport. Disposal of Land 1)For land purchased under a grant for airport development purposes (it is needed for aeronautical purposes, including runway protection zones, or serve as noise buffer land; and revenue from the interim use of the land contributed to the financial self-sufficiency of the Airport), the Sponsor shall apply to the State and FAA for permission to dispose of such land. If agreed to by the State and/or FAA, the Sponsor shall dispose of such land at fair market value and make available to the State and FAA an amount that is proportionate to the State and FAA’s share of the cost of the land acquisition. That portion of the proceeds of such disposition, which is proportionate to the share of the cost of acquisition of such land, shall be (a) reinvested in another eligible airport development Project or Projects approved by the State and FAA or (b) be deposited to the Aviation Trust Fund if no eligible Project exists. 2)Disposition of such land shall be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the Airport. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 79 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 10 of 22 EXHIBIT B General Provisions Employment of Consultants The term consultant, as used herein, includes planners, architects and/or engineers. If a consultant is to be used for this Project, the Sponsor agrees to consider at least three (3) consultant firms. If the Sponsor has contracted with or will contract with a consultant on a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at least three (3) consultants were or will be considered. The Sponsor shall submit to the State, for review and approval, a copy of the request for proposals and/or request for qualifications, and the proposed consultant contract prior to its execution and upon award of the contract, a fully executed copy. All requests for qualifications and requests for proposals shall be in accordance with A.R.S. 34, Chapters 1, 2 and 6, and shall include a list of projects and project locations to be awarded project contracts. Contracts 1)The Sponsor as an independent entity and not as an agent of the State may obtain the services required in order to fulfill the work outlined in the Project Description as approved by the State for funding in the Airport Capital Improvement Program. All contracts awarded to accomplish the project work described in this Agreement shall state: a)The name of the consultant authorized to perform the work and to communicate on behalf of the Sponsor; b)The Sponsor must insure that contracts issued under this Agreement comply with the provisions of Arizona Executive Order 75-5 as amended by Arizona Executive Order 2009-9, relating to equal opportunity; c)The terms for termination of the contract either for failure to perform or in the best interest of the Sponsor; d)The duly authorized representatives of the State shall have access to any books, documents, papers and records of the consultant and/or contractor which are in any way pertinent to the contract for a period of five years, in accordance with A.R.S. 35-214, for the purpose of making inspections, audits, examinations, excerpts and transcriptions. 2)All contracts shall stipulate and make clear: a) The responsibilities of the consultant to gain authorization for changes on the Project which may have an affect on the contract price, scope, or schedule; b)That all construction contractors and sub-contractors hired to perform services, shall be in compliance with A.R.S. 32, Chapter 10. c)That any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. That these items shall be made available to the public. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 80 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 11 of 22 d)That any travel shall be reimbursable by the State only within the rules and costs in accordance with the State of Arizona Travel Policy. 3)Liability of Subcontractors 1) It shall be the responsibility of the Sponsor to ensure through contractual agreement that any independent contractor, subcontractors, or sub consultants utilized by the Sponsor, defend, indemnify, save, and hold harmless the State and any of their departments, divisions, agencies, officers, or employees who may be obligated to pay by reason of any liability imposed upon any of the above for damages arising out of any error, negligence, omissions, or act of the independent contractor, subcontractor, or sub consultant. Conflict of Interest Each consultant submitting a proposal shall certify that it shall comply with, in all respects, the rules of professional conduct set forth in Arizona Administrative Code R4-30-301. In addition, a conflict of interest shall be cause for disqualifying a consultant from consideration; or terminating a contract if the conflict should occur after the contract is made. A potential conflict of interest includes, but is not limited to: 1)Accepting an assignment where duty to the client would conflict with the consultant's personal interest, or interest of another client. 2)Performing work for a client or having an interest which conflicts with this contract. Reports 1) Reimbursement Requirements a). The Sponsor shall submit quarterly Grant Reimbursement Requests (GRR’s) to the Aeronautics Grant Manager after the date of the grant agreement has been signed by both Sponsor and State. b). The Sponsor shall prepare quarterly (GRR) forms with the appropriate invoices attached which clearly indicate the project’s progress to date and the amount of reimbursement due by virtue of that progress. All GRR’s for payment shall be for work completed unless otherwise agreed to by State. (i). The State has the right to withhold reimbursement payments if the Sponsor does not fill out the State GRR form correctly. If the State does decide to withhold payments to the Sponsor for any reason, it must provide written notification and an explanation to the Sponsor within ten (10) days of the date of the invoice submitted. c). The State has the right to suspend any current or future grants should the Sponsor neglect to make a grant reimbursement request after 180 days as stated on the Projected Reimbursement Requests / State Cash Flow section of the grant agreement under Exhibit C, Schedule 2. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 81 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 12 of 22 d). An Airport may be awarded a pavement management agreement through the State’s Airport Pavement Management System (APMS Program). Sponsors receiving APMS treatment will be responsible for 10% of the eligible construction cost. Outstanding balances after final costs reconciliation shall be paid to the State upon written notice. Any unpaid balance by the Sponsor can result in suspension of participation in the State’s Airport Pavement Management System and State/Local Grants. 2)The Sponsor shall submit monthly status reports during planning, shall submit monthly status reports during design, and shall submit weekly reports during construction. All reports shall reflect, at a minimum, the progress accomplished in relation to the Grant and Project schedules and milestones, the reasons for any changes, and the recommended corrections of problems encountered. Upon completion of the Project, the Sponsor shall submit a letter to the State specifying that the Project has been completed to their satisfaction and that the consultant and the contractor have completed their contractual responsibilities. Changes Any changes to the consultant contract, authorized by the Sponsor, that include additional funds, time and/or scope, shall be by amendment and shall be approved by the State prior to being made in order to be eligible for reimbursement. Approval of a change by the State shall not obligate the State to provide reimbursement beyond the maximum funds obligated by this Agreement. Any increase to the amount of funds authorized hereunder, to the expiration date of this agreement, or to the scope of work included in this agreement must be by formal amendment, and signed by all parties. Any changes to the contract documents, authorized by the Sponsor, must be approved by the State prior to any changes being made in order to be eligible for reimbursement. Audit Upon completion of the Project, the Sponsor agrees to have an audit performed. The audit examination may be a separate project audit or in accordance with the Single Audit Act of 1984 (Single Audit). If the Sponsor is required under law to have a Single Audit, this Project shall be considered for inclusion in the scope of examination. The Sponsor shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Project supplied by other sources, and such other financial records pertinent to the Project. The accounts and records will be kept in accordance with A.R.S. 35-214. In any case in which an independent audit is made of the accounts of a Sponsor relating to the disposition of the proceeds of a grant relating to the Project in connection with which the grant was given or used, it shall file a certified copied of such audit with the State not later than six (6) months following the close of the fiscal year in which the audit was made. The Sponsor shall make available to the State or any of their other duly authorized representatives, for the purpose of audit and examination, any books, documents, papers and records of the recipient that are pertinent to the grant. The Sponsor further agrees to provide the State a certified copy of the audit report. The State is to determine the acceptability of this audit. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 82 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 13 of 22 Suspension If the Sponsor fails to comply with any conditions of this Agreement, the State, by written notice to the Sponsor, may suspend participation and withhold payments until appropriate corrective action has been taken by the Sponsor. Costs incurred during a period of suspension may not be eligible for reimbursement by the State. Failure to Perform If the Sponsor fails to comply with the conditions of this Agreement the State, may by written notice to the Sponsor, terminate this Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and the eligibility of costs incurred prior to termination. The State shall not reimburse any costs incurred after the date of termination. Termination for Convenience When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder, the State may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. In the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination as its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Waiver by State No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a default, failure to perform or to take any other action on account of any violation that continues or repeats. Compliance with Laws The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances, policies, advisory circulars, and decrees that are applicable to the performance hereunder. Arbitration In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. Section 12-1518. Jurisdiction Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of competent jurisdiction within Maricopa County, State of Arizona. Excess of Payments If it is found that the total payments to the Sponsor exceed the State's share of allowable project costs, the Sponsor shall promptly return the excess to the State. Final determination of the State's share of allowable costs shall rest solely with Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 83 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 14 of 22 the State. Any reimbursement to the Sponsor by the State not in accordance with this Agreement or unsubstantiated by project records will be considered ineligible for reimbursement and shall be returned promptly to the State. State Inspectors At any time and/or prior to final payment of funds for work performed under this Agreement, the State may perform an inspection of the work performed to assure compliance with the terms herein and to review the workmanship of the Sponsor's contractors and/or consultants. No inspector is authorized to change any provisions of this Agreement or any provisions of Agreements between the Sponsor and the Sponsor's contractor and/or consultant. Indemnification The State of Arizona, acting by and through the Arizona Department of Transportation, does not assume any liability to third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting from the performance of this Agreement or any subcontract hereunder. The Sponsor shall indemnify and hold harmless the State, any of their departments, agencies, officers and employees from any and all liability, loss or damage the State may suffer as a result of claims, demands, costs or judgments of any character arising out of the performance or non-performance of the Sponsor or its independent contractors in carrying out any provisions of this Agreement. In the event of any action, this indemnification shall include, but not be limited to, court costs, expenses of litigation and reasonable attorney's fees. Required Provisions Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. Property of the Sponsor and State Any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. The Sponsor shall give the State unrestricted authority to publish, disclose, distribute and otherwise use at no cost to the State any of the material prepared in connection with this grant. At the completion of the project, the Sponsor shall provide the State with an electronic copy, in a format useable by the State, and one hard copy in a format useable by the State, of final plans, specifications, reports, planning documents, and/or other published materials as produced as a result of this project. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this Agreement, the Sponsor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Sponsor”) agrees to comply with the following non-discrimination statutes and authorities, Including but not limited to: Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 84 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 15 of 22 1)Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 2)49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation – Effectuation of Title VI of The Civil Rights Act of 1964); 3)The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 4)Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5)The Age Discrimination Act of 1957, as amended, (42 U.S. C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6)Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7)The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs of activities” to include all the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8)Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9)The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10)Executive Order 12898, Federal Actions to Address Environmental justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11)Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin, discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12)Title IX of the Education Amendments of 1972, as amended, which prohibits you from discrimination because of sex in education programs or activities (20 U.S.C 1681 et. Seq.). 13)All parties shall comply with all applicable federal, state, county, cities, and local laws, rules, regulations, and assurances in addition to all applicable provisions of Title 14 (Aeronautics and Space Chapter 1 – Federal Aviation Administration, Department of Transportation) and Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 85 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 16 of 22 EXHIBIT C Specific Provisions and Project Schedules Provisions for Design/Construction Financial Cost Categories The Sponsor shall segregate and group project costs in categories as follows: 1)“Design/Engineering Services” (as applicable), including topographic surveys/mapping, geometric design, plans preparation, geotechnical and pavement design, specifications, contract documents. 2)“Construction” (must be accounted for in accordance with approved work items as presented in the bid tabulation). 3)“Construction Engineering” (as applicable), including contract administration, inspection/field engineering, materials testing, construction staking/as-built plans and other. 4)“Sponsor Administration” directly associated with this Project (not to exceed 5% of project costs). 5)“Sponsor Force Account” contribution (if applicable). 6)“Contingencies” (not to exceed 5% of construction costs). 7) “Other” with prior approval of the State. Design Review – Plans, Specifications and Estimates Plans, specifications and estimates shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall conduct a Concept Design Review meeting with the State and Sponsor’s consultant at approximately the thirty percent (30%) completion point in the design of the Project, and a Final Design Review at one hundred percent (100%) plan completion. These mandatory reviews shall be completed before the Sponsor will be permitted to proceed with the Project. The State shall issue an approval to proceed with final design upon satisfactory completion of the 30% review. The State shall issue an approval of the 100% plans, specifications and estimates upon satisfactory completion of the 100% review. Upon State approval, the Sponsor may proceed to advertising if construction is included in the scope of the Project, or must close the Project and submit a final grant reimbursement request if the grant is for design only. Any modification to the approved plans, specifications and estimates authorized by the Sponsor shall also be subject to approval of the State. Changes made to approved plans, specifications, and estimates at any time must be authorized by the State prior to executing the changes in order to be eligible for reimbursement by the State. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 86 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 17 of 22 The National Environmental Policy Act (NEPA) documentation must be complete and approved by the State and/or FAA prior to construction. The Sponsor shall submit a copy of the documentation to the State. FAA Notice of Proposed Construction The Sponsor agrees to submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration before construction, installation or alteration of any Project under this Agreement that falls under the requirements of Subpart B to Part 77, Objects Affecting Navigable Airspace. Bidding - Alternate Bidding Methods Design, Bid, Build is the standard and preferred method for project delivery for State airport development grant projects. Alternative contracting methods (Design Build, Construction Manager at Risk, Task Order Contract) may be used in accordance with A.R.S. Title 34, Chapters 1, 2 and 6. Use of an alternative contracting method shall be reviewed and approved by the State prior to the Sponsor executing a contract for the work. If a project is approved for an alternative contracting method, the Sponsor must comply with all Federal, State, and Local policies, regulations, rules, and laws, as well as all requirements of this grant agreement within that method. Based on Bids If a Sponsor has requested a match to a Federal construction grant that was based on bids (the project was already advertised by the Sponsor with no existing State airport development grant for the design work), then all design coordination with the State required by this agreement must have been met during the design process for any prior design work to be considered eligible for reimbursement by the State. The State shall review any documentation and work done prior to bidding and, at its sole discretion, determine the eligibility of the work. Only work items necessary to complete the Project as stated in Exhibit C, Schedule One, Project Description, may be considered eligible. Contractor Allowance This item may only be used to cover costs of unknown, unforeseen circumstances within the scope of the grant that are necessary for Project completion. (For example: if unknown underground utilities must be removed or relocated to accomplish the Project) This item must have prior approval of the State for each use of the item during construction in order to be eligible for reimbursement by the State. The bid item shall be clearly defined in the contract documents with concise language describing when it may be utilized. It shall also be specified that the item may not be used at all. The allowance may only be used for unforeseen items directly related to the Project. Contingencies Contingencies are to be used as an estimating tool during the preliminary phases of Project development. They are intended to allow room in the grant funding level for reasonable price increases or approved added items during design. Contingencies are not eligible for reimbursement by the State as bid items in a construction contract. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 87 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 18 of 22 Itemized Allowance Use of an itemized allowance items may only be included in a contract with prior approval of the State. Any use of an itemized allowance bid item as part of a grant must be for a clearly defined portion of the project. (For example: cabinet allowance – cabinets in terminal storage room as shown on plans to be selected by Sponsor, or carpet allowance – industrial Berber carpet for 200 SF lobby to be selected by Sponsor) Each contract allowance item must be approved by the State in order to be included in the bid package. The State will not approve use of an item to cover expenses not directly related to the item. (For example: Left over funds from cabinet allowance cannot be used to purchase light fixtures) Construction Inspection Airport planning, design, project estimates, bidding, and construction inspection are the direct responsibility of the Sponsor and may be accomplished by the Sponsor's staff or by a qualified consultant. The Sponsor shall provide and maintain competent technical supervision throughout the Project to assure that the work conforms to the plans, specifications and schedules approved by the State and the Sponsor. Construction inspection shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall subject the construction work and any related documentation on any Project contained in an approved Project application to inspection and approval by the State and the FAA. The State shall, if in accordance with regulations and procedures, prescribe such work as needed for the Project. Change Orders The Sponsor shall notify the State in advance of the need for a change. Such notification shall clearly define the changed or added bid items, the locations of changed work, the quantities and costs of changed work, and the time required for the change. Justification for the change must be provided to the State by the Sponsor. Change orders may be approved by the State only if they are clearly necessary to accomplish the original grant scope. If approval is granted by the State, the Sponsor shall follow up with the written change order for the State’s review and approval in a timely manner. The Sponsor may not request reimbursement for the work done under a change order until the change order is approved by the State. Construction Contract Documents Any changes to the construction contract documents (including scope, time and amount), authorized by the Sponsor, must be approved by the State prior to being implemented by the Sponsor in order to be eligible for reimbursement under the grant. All changes, as well as any notifications and approvals related to the changes, shall be documented in the final contract documents, change orders, and as built plans provided to the State at the end of the contract. Verbal requests and approvals are not sufficient as documentation for reimbursement. Final reimbursements will not be made until all documentation is received by the State. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 88 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 19 of 22 Design/Construction Project Schedules The Schedule Forms are intended to identify and monitor project scope, costs, and basic milestones that will be encountered during various phases of the Project. The Sponsor shall complete these three schedules showing the project description and total costs, project reimbursements (cash flow) schedule and project milestones. Schedule One shows the total Project estimated costs associated with each share - State and Federal and Local. Schedule Two shows a projected cash flow for State funds only. The Sponsor is to estimate requests to the State for Project reimbursement. Schedule Three shows anticipated dates of Project milestones. These schedules will be used to keep track of the Project’s progress. Be sure to develop realistic schedules. As the project progresses, and the original reimbursement schedule and or milestone dates change, the Sponsor must submit a revised Schedule to the State for approval. Schedule One Design/Construction Project Description and Funding Allocation Detailed Project Description: Apron, Rehabilitate East Hangar Apron Reconstruction Project Cost Category Total Estimated Project Cost Estimated Local Share Estimated Federal Share Estimated State Share* Design/Engineering Services $ $ $ $ Construction $ $ $ $ Construction Engineering $ $ $ $ Sponsor Administration** $ $ $ $ Sponsor Force Account Work*** $ $ $ $ Contingencies $ $ $ $ Total Project Costs $ $ $ $ *Total of this column to be used in Schedule Two. ** Sponsor Administration is not eligible for reimbursement above 5% of the project costs. *** All force account work is to be approved by the State prior to the grant agreement being signed. NOTE: The Sponsor must attach a project plan based upon the ALP that clearly shows the scope and the limits of the work. 250,000 250,000 25,000 25,000 225,000 225,000 Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 89 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 20 of 22 Schedule Two Design/Construction Project Reimbursement Schedule The Sponsor must complete this Project Reimbursement Schedule showing the projected cash flow of State grant funds only for this Project. Projections must include all consultant and contractor services. The reimbursement schedule should be a realistic schedule and will be used to keep track of a project’s progress. Reimbursement requests must be submitted regularly by the Sponsor while the grant is active. The cash flow should reflect when a request is submitted to the State, not when invoices are paid by the Sponsor. Instructions: 1)For “Total State Funds” below, enter the Total Project Costs/Estimated State Share from Schedule One. 2)For each month/year, indicate the projected reimbursement request amount for State Funds Only (use whole dollars only, e.g. $540 or $1,300). 3)Continue the process by entering a Zero (Ø) in the month/year for which no reimbursement is anticipated and/or a dollar amount of the reimbursement, until the total State funds are accounted for in the cash flow. Total State Funds: $225,000.00 Projected Reimbursement Requests / State Cash Flow Calendar Year Jan Feb Mar Apr May Jun 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Calendar Year Jul Aug Sep Oct Nov Dec 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 90 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 21 of 22 Grants expire 4 years from the date of the grant offer. The Sponsor shall schedule the work to be completed within the 4 years. Schedule Three Design/Construction Project Milestones Milestone Duration Guidelines The below duration periods are intended to provide guidelines for you to consider. These are average time periods (in calendar days), but it is understood these periods may vary by Sponsor and Project, and are subject to modification. If an entry on the form is not applicable, write N/A. 1)The Consultant Selection Phase for all Projects, regardless of type, is approximately ninety (90) days but should not exceed one hundred eighty (180) days. 2)The Design/Engineering Phase is subject to the type and complexity of the Project, however, most designs can be accomplished within one hundred eighty (180) days to two hundred and seventy (270) days. 3)The Bidding Phase typically should be sixty (60) days or less. 4)The Construction Phase is dependent upon the type of Project, the airport traffic, and the available construction season, generally ninety (90) days to three hundred sixty (360) days. 5)The State review periods should be fifteen (15) days. Design/Construction Milestone Schedule Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 91 of 235 Grant Number E2S2P01C Town of Marana Marana Regional Airport Page 22 of 22 Milestones Duration # of Days Start Date Completion Date Proposed Actual Proposed Actual Consultant Selection Phase Submit Scope for State Review/Approval* Submit Contract for State Review/Approval Award Consultant Contract Design & Engineering Phase Sponsor Issue Notice to Proceed/Start Design Conduct 30% Design Review/Approval Conduct Final Design Review/Bid Set Submitted (100%) for Review/Approval Bidding Phase Bid Set Submitted (100%) for Review/Approval Issue Invitation for Bids Submit Bid Tab for State Review/Approval Award Construction Contract/Submit to the State Construction Phase Pre-Construction Meeting Issue NTP – Begin Construction Final Inspection Submit As-Builts & Final Documentation Submit Final Reimbursement Request and Sponsor Closeout Letter * The solicitation for qualifications and the service agreements must contain a list of projects, including this grant project, per A.R.S. 34-Chapter 6. Exhibit B to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 92 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 1 of 22 Arizona Department of Transportation Multimodal Planning Division Aeronautics Group Airport Development Reimbursable Grant Agreement Part I THIS AGREEMENT is entered into _________________________________, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, through its Multimodal Planning Division (the “State”) and the Town of Marana, a political subdivision of the State of Arizona (the “Sponsor”), for a grant of State funds for the purpose of aiding in financing a Project of Apron, Rehabilitate West Hangar Apron Reconstruction (the “Project”), for the improvement of the Marana Regional Airport (the “Airport”). WITNESSETH Recitals: 1)The Sponsor desires, in accordance with the authority granted by Arizona Revised Statutes (A.R.S.) Section 28-8413, funds from the State for the purpose of airport planning and/or development. 2)The Arizona State Transportation Board, as approved on July 9, 2021 and the Director of the Arizona Department of Transportation, in accordance with the authority granted by Sections 28-304, 28-363, and 28-401 and A.R.S. Title 28, Chapter 25, have authorized reimbursement to the Sponsor of funds expended for airport planning and/or development. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties herein to be kept and performed, the parties agree as follows: Sponsor’s Responsibility 1)The Sponsor shall accept this Agreement within 4 months of the date of the grant offer cover letter: August 6, 2021. This Grant offer, if not accepted by the Sponsor, shall expire at the end of the 4-month period. 2)The Sponsor shall commence the Project within 6 months of the date the grant was executed by the State. This Project will consist of the airport improvements as described in Exhibit C. The Sponsor shall proceed with due diligence and complete the Project in accordance with the provisions of this Agreement. The Sponsor shall provide and maintain competent supervision to complete the Project in conformance with the plans, specifications and work completion schedule incorporated as part of this Agreement. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 93 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 2 of 22 3) The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached hereto, as Exhibit C, Schedules Two and Three respectively and shall complete the Project within that schedule. Any change to the schedule shall be submitted in writing and be approved by the State. A time extension beyond the State's obligation to provide funds herein must be reflected by formal Amendment to this Agreement. 4) The Sponsor shall comply with the Sponsor Assurances and abide by and enforce the General Provisions and Specific Provisions incorporated herein as Exhibits A, B and C respectively. Obligations 1) The minimum funding participation from the Sponsor shall be $25,000.00 (10%) as determined by the State. 2) The maximum reimbursement available from the State to the Sponsor for this Agreement shall be $225,000.00 (90%) 3) Except as otherwise provided herein for the State’s obligation to provide funds hereunder expires upon completion of the project required herein or August 1, 2025, whichever is earlier. 4) The State may, after agreeing to provide said funds to the Sponsor, withdraw/terminate the grant if the Project has not been initiated as evidenced by a Notice to Proceed within 6 months of the date the grant was executed by the State or has not progressed as scheduled over a period of 12 months or if the State determines that Sponsor is not otherwise complying with the terms of this Agreement. If it becomes necessary to terminate a grant at any time, the State will reimburse expenses of the Sponsor, approved by the State, up to the time of notification of cancellation provided Sponsor is not in default hereunder. 5) Sponsor acknowledges that in the event of a late payment or reimbursement by the State, the State shall have no obligation to pay a late payment fee or interest and shall not otherwise be penalized. 6) Notwithstanding anything to the contrary herein, in the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination at its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Preliminary Work Provision Any preliminary work, for which costs for this Project were incurred after July 9, 2021 shall be considered eligible for reimbursement provided that said costs are directly related to the Project on which this Agreement is written. The State shall review related records and determine eligibility at its sole discretion. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 94 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 3 of 22 Part II The Sponsor shall approve and attach to this agreement a resolution, or Motion, or Board Action by its governing body that certifies as follows: 1) The Sponsor has the legal power and authority: a) to do all things necessary, in order to undertake and carry out the Project; b) to accept, receive and disburse grant funds from the State in aid of the Project. 2) The Sponsor now has on deposit, or is in a position to secure _______________________________________ dollars ($ ___ ), or an equivalent amount represented by Sponsor’s proposed labor and equipment costs, for use in defraying Sponsor’s share of the costs of the Project. The present status of these funds is as follows: ____________________________________________________________________________________ (Enter local funding type and location) 3) The Sponsor hereby designates __________________________________, _______________________________ Name Title to receive payments representing the State’s share of project costs. _____________________________________________ __________________________________________ Signature of Sponsor’s Representative Title of Representative 4) The Sponsor has on file with ADOT the following vendor identification and address for project payments: Sponsor Vendor Id #: IV0000001820 Sponsor Vendor Address: Town of Marana 11555 W. Civic Ctr Dr, Marana, AZ 85653 Twenty Five Thousand 25,000 Town of Marana General Fund Town Manager Finance Director Yiannis Kalaitzdis Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 95 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 4 of 22 Exhibits The following Exhibits are incorporated herewith and form a part of this Agreement. Exhibit A - Sponsor Assurances Exhibit B - General Provisions Exhibit C - Specific Provisions and Project Schedules STATE: SPONSOR: State of Arizona Town of Marana Department of Transportation Marana Regional Airport Multimodal Planning Division By: _________________________ By: _________________________ Title: Gregory Byres, Division Director Title: _________________________ Date: _________________________ Date: _________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ Terry Rozema, Town Manager Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 96 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 5 of 22 EXHIBIT A Sponsor Assurances Upon acceptance of the grant offer by the Sponsor, these assurances will become a part of this Agreement. The Sponsor hereby covenants and agrees with the State as follows: General 1) That the Project is consistent with plans (existing at the time of approval of the Project) of political jurisdictions authorized by the State to plan for the development of the area surrounding the Airport and has given fair consideration to the interest of communities in or near where the Project is to be located. In making a decision to undertake any airport development Project under this Agreement the Sponsor insures that it has undertaken reasonable consultation with affected parties using the Airport at which the Project is proposed. All appropriate development standards of Federal Aviation Administration (FAA) Advisory Circulars, Orders, or Federal Regulations shall be complied with. All related state and federal laws shall be complied with. 2) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall remain in full force and effect throughout the useful life of the facilities or the planning project’s duration developed under the grant, but in any event, not less than twenty (20) years from the date of acceptance of the grant offer by the Sponsor. 3) The Sponsor certifies in this Agreement that it is a political subdivision of the State and is the public agency with control over a public-use Airport and/or on behalf of the possible future development of an Airport and is eligible to receive grant funds for the development or possible development of an Airport under its jurisdiction. 4) The Sponsor further agrees it holds good title, satisfactory to the State, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the State that good title will be acquired. 5) That the Sponsor is the owner or lessee of the property or properties on which the Airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the State. 6) The Sponsor agrees that it has sufficient funds available for that portion of the project costs which are not to be paid by the State (or the United States). 7) The Sponsor agrees to provide and maintain competent supervision to complete the Project in conformance with this Agreement. 8) Preserving Rights and Powers: The Sponsor agrees it shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions and assurances in this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or modify any outstanding rights or claims of right by others which would interfere with such performance by the Sponsor. This will be done in a manner acceptable to the State. The Sponsor shall not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on the airport property map included in the most recent FAA-approved Airport Layout Plan, or to that portion of the property upon which State Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 97 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 6 of 22 funds have been expended, for the duration of the terms, conditions and assurances in this Agreement without approval by the State. If the transferee is found by the State to be eligible under Title 49, United States Code, to assume the obligations of this Agreement and to have the power, authority and financial resources to carry out such obligations, the Sponsor shall insert in the contract or document transferring or disposing of Sponsor’s interest and make binding upon the transferee all the terms, conditions and assurances contained in this Agreement. 9) Public Hearings: In Projects involving the location of an Airport, an airport runway or a major runway extension, the Sponsor has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental impacts of the Airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the State, submit a copy of such hearings to the State. Financial Pursuant to A.R.S. 35-326, the Sponsor may elect to utilize the Local Government Investment Pool (“LGIP”) maintained by the state treasurer. The Sponsor shall request written approval from the State to use the LGIP. Thereafter, the State may deposit the funds authorized by the grant into the Sponsor’s account. After approval of the reimbursements by the state, the funds shall be disbursed through the LGIP account to the Sponsor. The disbursements shall be made pursuant to the applicable laws and regulations. The Sponsor shall establish and maintain for each Project governed by this Agreement, an adequate accounting record to allow State personnel to determine all funds received (including funds of the Sponsor and funds received from the United States or other sources) and to determine the eligibility of all incurred costs of the Project. The Sponsor shall segregate and group project costs into cost classifications as listed in the Specific Provisions of Exhibit C. Record Keeping The Sponsor shall maintain accurate records of all labor, equipment and materials used in this Project and that upon reasonable notice, shall make available to the State, or any of their authorized representatives, for the purpose of audit and examination all records, books, papers or documents of the recipient relating to work performed under this Agreement. For airport development Projects, make the Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the State upon reasonable request. Airport Based Aircraft Reporting The Sponsor shall furnish to the State on a quarterly basis, a current detailed listing (including: Registration/N Number, Name, Address and Phone Number of Owner) of all based aircraft on the Airport in a form approved by the State. Airport Layout Plan 1) The Sponsor shall maintain a current signed/approved Airport Layout Plan (ALP) of the Airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State an updated ALP of the Airport as changes are made. 2) The Sponsor shall be required to prepare an ALP for update or revalidation in accordance with current FAA and State standard guidelines. The ALP will indicate any deviations from FAA design standards as outlined in current FAA Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 98 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 7 of 22 Advisory Circulars, orders or regulations. A copy of the signed/approved ALP in electronic format shall be forwarded to the State after authentication by FAA or the State. 3) The Sponsor shall assure that there are no changes to the airport property boundaries, together with any off-site areas owned or controlled by the Sponsor which support the Airport or its operations as a part of this project. 4) If a change or alteration is made at the Airport which the State determines adversely affects the safety, utility or efficiency of the Airport, or any State funded property on or off Airport which is not in conformity with the ALP as approved by the State, the Sponsor will, if requested by the State, eliminate such adverse affect in a manner approved by the State. Immediate Vicinity Land Use Restriction The Sponsor shall restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal airport operations and to take appropriate action including the adoption of appropriate zoning laws. In addition, if the Project is for noise compatibility or to protect the 14 CFR Part 77 imaginary surfaces of the Airport, the Sponsor will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures or the imaginary surfaces of the Airport upon which State funds have been expended. Airport Operation 1) The Sponsor shall promote safe airport operations by clearing and protecting the approaches to the Airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. The Sponsor shall take appropriate action to assure such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by preventing the establishment or creation of future airport hazards. The Sponsor shall promptly notify airmen of any condition affecting aeronautical use of the Airport. 2) The Sponsor further agrees to operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other airport facilities. 3) In any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor shall insert and enforce provisions requiring said person, firm or corporation: a) to furnish services on a reasonable and not unjustly discriminatory basis to all users thereof and charge reasonable and not unjustly discriminatory prices for each unit or service; b) and be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers; Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 99 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 8 of 22 c) each Fixed Based Operator (FBO) and Air Carrier at the Airport shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other FBOs and Air Carriers making the same or similar uses of the Airport and utilizing the same or similar facilities; d) each Air Carrier using such Airport shall have the right to service itself or to use any FBO that is authorized or permitted by the Airport to serve any Air Carrier at the Airport. 4) The Sponsor shall not exercise or grant any right or privilege which operates to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance, repair and fueling) that it may choose to perform. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by a commercial aeronautical operator authorized by the Sponsor under these provisions. 5) The Sponsor shall suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 6) The Sponsor shall not permit an exclusive right for the use of the Airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, providing services at an Airport by a single FBO shall not be construed as an “exclusive right” if: a) it would be unreasonably costly, burdensome or impractical for more than one FBO; and b) if allowing more than one FBO to provide such services would require a reduction of space leased pursuant to an existing agreement between a single FBO and the Airport. Note: Aeronautical activities that are covered by this paragraph include, but are not limited to: charter flights, pilot training, aircraft rental, sightseeing, air carrier operations, aircraft sales and services, aerial photography, agricultural spraying, aerial advertising and surveying, sale of aviation petroleum products whether or not conducted in conjunction with any other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. 7) The Sponsor shall terminate any exclusive right to conduct an aeronautical activity now existing at the Airport before any grant of assistance from the State. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the Airport is used as an Airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with State funds. 8) Airport Pavement Preservation Program: The Sponsor certifies that they have implemented an effective pavement preservation management program at the Airport in accordance with Public Law 103-305 and with the most current associated FAA policies and guidance for the replacement, reconstruction or maintenance of pavement at the Airport. The Sponsor assures that it shall use and follow this program for the useful life of the pavement constructed, reconstructed or repaired with financial assistance from the State and that it will provide such reports on pavement condition and pavement management programs as may be required by the State. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 100 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 9 of 22 Sponsor Transactions The Sponsor shall refrain from entering into any transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the Sponsor, the Sponsor shall reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants or insure that such an arrangement also requires compliance therewith. Airport Revenues The Sponsor shall maintain a fee and rental structure for the facilities and services at the Airport which will make the Airport as self-sustaining as possible under the circumstances existing at the particular Airport, taking into account such factors as the volume of traffic and economy of collection. All revenues generated by the Airport (and any local taxes established after Dec 30, 1987), will be expended by it for the capital or operating costs of the Airport; the local airport system; or the local facilities which are owned or operated by the owner or operator of the Airport and which are directly or substantially related to the actual air transportation of passengers or property, on or off the Airport. Disposal of Land 1) For land purchased under a grant for airport development purposes (it is needed for aeronautical purposes, including runway protection zones, or serve as noise buffer land; and revenue from the interim use of the land contributed to the financial self-sufficiency of the Airport), the Sponsor shall apply to the State and FAA for permission to dispose of such land. If agreed to by the State and/or FAA, the Sponsor shall dispose of such land at fair market value and make available to the State and FAA an amount that is proportionate to the State and FAA’s share of the cost of the land acquisition. That portion of the proceeds of such disposition, which is proportionate to the share of the cost of acquisition of such land, shall be (a) reinvested in another eligible airport development Project or Projects approved by the State and FAA or (b) be deposited to the Aviation Trust Fund if no eligible Project exists. 2) Disposition of such land shall be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the Airport. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 101 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 10 of 22 EXHIBIT B General Provisions Employment of Consultants The term consultant, as used herein, includes planners, architects and/or engineers. If a consultant is to be used for this Project, the Sponsor agrees to consider at least three (3) consultant firms. If the Sponsor has contracted with or will contract with a consultant on a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at least three (3) consultants were or will be considered. The Sponsor shall submit to the State, for review and approval, a copy of the request for proposals and/or request for qualifications, and the proposed consultant contract prior to its execution and upon award of the contract, a fully executed copy. All requests for qualifications and requests for proposals shall be in accordance with A.R.S. 34, Chapters 1, 2 and 6, and shall include a list of projects and project locations to be awarded project contracts. Contracts 1) The Sponsor as an independent entity and not as an agent of the State may obtain the services required in order to fulfill the work outlined in the Project Description as approved by the State for funding in the Airport Capital Improvement Program. All contracts awarded to accomplish the project work described in this Agreement shall state: a) The name of the consultant authorized to perform the work and to communicate on behalf of the Sponsor; b) The Sponsor must insure that contracts issued under this Agreement comply with the provisions of Arizona Executive Order 75-5 as amended by Arizona Executive Order 2009-9, relating to equal opportunity; c) The terms for termination of the contract either for failure to perform or in the best interest of the Sponsor; d) The duly authorized representatives of the State shall have access to any books, documents, papers and records of the consultant and/or contractor which are in any way pertinent to the contract for a period of five years, in accordance with A.R.S. 35-214, for the purpose of making inspections, audits, examinations, excerpts and transcriptions. 2) All contracts shall stipulate and make clear: a) The responsibilities of the consultant to gain authorization for changes on the Project which may have an affect on the contract price, scope, or schedule; b) That all construction contractors and sub-contractors hired to perform services, shall be in compliance with A.R.S. 32, Chapter 10. c) That any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. That these items shall be made available to the public. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 102 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 11 of 22 d) That any travel shall be reimbursable by the State only within the rules and costs in accordance with the State of Arizona Travel Policy. 3) Liability of Subcontractors 1) It shall be the responsibility of the Sponsor to ensure through contractual agreement that any independent contractor, subcontractors, or sub consultants utilized by the Sponsor, defend, indemnify, save, and hold harmless the State and any of their departments, divisions, agencies, officers, or employees who may be obligated to pay by reason of any liability imposed upon any of the above for damages arising out of any error, negligence, omissions, or act of the independent contractor, subcontractor, or sub consultant. Conflict of Interest Each consultant submitting a proposal shall certify that it shall comply with, in all respects, the rules of professional conduct set forth in Arizona Administrative Code R4-30-301. In addition, a conflict of interest shall be cause for disqualifying a consultant from consideration; or terminating a contract if the conflict should occur after the contract is made. A potential conflict of interest includes, but is not limited to: 1) Accepting an assignment where duty to the client would conflict with the consultant's personal interest, or interest of another client. 2) Performing work for a client or having an interest which conflicts with this contract. Reports 1) Reimbursement Requirements a). The Sponsor shall submit quarterly Grant Reimbursement Requests (GRR’s) to the Aeronautics Grant Manager after the date of the grant agreement has been signed by both Sponsor and State. b). The Sponsor shall prepare quarterly (GRR) forms with the appropriate invoices attached which clearly indicate the project’s progress to date and the amount of reimbursement due by virtue of that progress. All GRR’s for payment shall be for work completed unless otherwise agreed to by State. (i). The State has the right to withhold reimbursement payments if the Sponsor does not fill out the State GRR form correctly. If the State does decide to withhold payments to the Sponsor for any reason, it must provide written notification and an explanation to the Sponsor within ten (10) days of the date of the invoice submitted. c). The State has the right to suspend any current or future grants should the Sponsor neglect to make a grant reimbursement request after 180 days as stated on the Projected Reimbursement Requests / State Cash Flow section of the grant agreement under Exhibit C, Schedule 2. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 103 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 12 of 22 d). An Airport may be awarded a pavement management agreement through the State’s Airport Pavement Management System (APMS Program). Sponsors receiving APMS treatment will be responsible for 10% of the eligible construction cost. Outstanding balances after final costs reconciliation shall be paid to the State upon written notice. Any unpaid balance by the Sponsor can result in suspension of participation in the State’s Airport Pavement Management System and State/Local Grants. 2) The Sponsor shall submit monthly status reports during planning, shall submit monthly status reports during design, and shall submit weekly reports during construction. All reports shall reflect, at a minimum, the progress accomplished in relation to the Grant and Project schedules and milestones, the reasons for any changes, and the recommended corrections of problems encountered. Upon completion of the Project, the Sponsor shall submit a letter to the State specifying that the Project has been completed to their satisfaction and that the consultant and the contractor have completed their contractual responsibilities. Changes Any changes to the consultant contract, authorized by the Sponsor, that include additional funds, time and/or scope, shall be by amendment and shall be approved by the State prior to being made in order to be eligible for reimbursement. Approval of a change by the State shall not obligate the State to provide reimbursement beyond the maximum funds obligated by this Agreement. Any increase to the amount of funds authorized hereunder, to the expiration date of this agreement, or to the scope of work included in this agreement must be by formal amendment, and signed by all parties. Any changes to the contract documents, authorized by the Sponsor, must be approved by the State prior to any changes being made in order to be eligible for reimbursement. Audit Upon completion of the Project, the Sponsor agrees to have an audit performed. The audit examination may be a separate project audit or in accordance with the Single Audit Act of 1984 (Single Audit). If the Sponsor is required under law to have a Single Audit, this Project shall be considered for inclusion in the scope of examination. The Sponsor shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Project supplied by other sources, and such other financial records pertinent to the Project. The accounts and records will be kept in accordance with A.R.S. 35-214. In any case in which an independent audit is made of the accounts of a Sponsor relating to the disposition of the proceeds of a grant relating to the Project in connection with which the grant was given or used, it shall file a certified copied of such audit with the State not later than six (6) months following the close of the fiscal year in which the audit was made. The Sponsor shall make available to the State or any of their other duly authorized representatives, for the purpose of audit and examination, any books, documents, papers and records of the recipient that are pertinent to the grant. The Sponsor further agrees to provide the State a certified copy of the audit report. The State is to determine the acceptability of this audit. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 104 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 13 of 22 Suspension If the Sponsor fails to comply with any conditions of this Agreement, the State, by written notice to the Sponsor, may suspend participation and withhold payments until appropriate corrective action has been taken by the Sponsor. Costs incurred during a period of suspension may not be eligible for reimbursement by the State. Failure to Perform If the Sponsor fails to comply with the conditions of this Agreement the State, may by written notice to the Sponsor, terminate this Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and the eligibility of costs incurred prior to termination. The State shall not reimburse any costs incurred after the date of termination. Termination for Convenience When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder, the State may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. In the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination as its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Waiver by State No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a default, failure to perform or to take any other action on account of any violation that continues or repeats. Compliance with Laws The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances, policies, advisory circulars, and decrees that are applicable to the performance hereunder. Arbitration In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. Section 12-1518. Jurisdiction Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of competent jurisdiction within Maricopa County, State of Arizona. Excess of Payments If it is found that the total payments to the Sponsor exceed the State's share of allowable project costs, the Sponsor shall promptly return the excess to the State. Final determination of the State's share of allowable costs shall rest solely with Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 105 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 14 of 22 the State. Any reimbursement to the Sponsor by the State not in accordance with this Agreement or unsubstantiated by project records will be considered ineligible for reimbursement and shall be returned promptly to the State. State Inspectors At any time and/or prior to final payment of funds for work performed under this Agreement, the State may perform an inspection of the work performed to assure compliance with the terms herein and to review the workmanship of the Sponsor's contractors and/or consultants. No inspector is authorized to change any provisions of this Agreement or any provisions of Agreements between the Sponsor and the Sponsor's contractor and/or consultant. Indemnification The State of Arizona, acting by and through the Arizona Department of Transportation, does not assume any liability to third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting from the performance of this Agreement or any subcontract hereunder. The Sponsor shall indemnify and hold harmless the State, any of their departments, agencies, officers and employees from any and all liability, loss or damage the State may suffer as a result of claims, demands, costs or judgments of any character arising out of the performance or non-performance of the Sponsor or its independent contractors in carrying out any provisions of this Agreement. In the event of any action, this indemnification shall include, but not be limited to, court costs, expenses of litigation and reasonable attorney's fees. Required Provisions Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. Property of the Sponsor and State Any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. The Sponsor shall give the State unrestricted authority to publish, disclose, distribute and otherwise use at no cost to the State any of the material prepared in connection with this grant. At the completion of the project, the Sponsor shall provide the State with an electronic copy, in a format useable by the State, and one hard copy in a format useable by the State, of final plans, specifications, reports, planning documents, and/or other published materials as produced as a result of this project. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this Agreement, the Sponsor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Sponsor”) agrees to comply with the following non-discrimination statutes and authorities, Including but not limited to: Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 106 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 15 of 22 1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 2) 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation – Effectuation of Title VI of The Civil Rights Act of 1964); 3) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 4) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5) The Age Discrimination Act of 1957, as amended, (42 U.S. C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs of activities” to include all the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8) Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10) Executive Order 12898, Federal Actions to Address Environmental justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin, discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discrimination because of sex in education programs or activities (20 U.S.C 1681 et. Seq.). 13) All parties shall comply with all applicable federal, state, county, cities, and local laws, rules, regulations, and assurances in addition to all applicable provisions of Title 14 (Aeronautics and Space Chapter 1 – Federal Aviation Administration, Department of Transportation) and Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 107 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 16 of 22 EXHIBIT C Specific Provisions and Project Schedules Provisions for Design/Construction Financial Cost Categories The Sponsor shall segregate and group project costs in categories as follows: 1) “Design/Engineering Services” (as applicable), including topographic surveys/mapping, geometric design, plans preparation, geotechnical and pavement design, specifications, contract documents. 2) “Construction” (must be accounted for in accordance with approved work items as presented in the bid tabulation). 3) “Construction Engineering” (as applicable), including contract administration, inspection/field engineering, materials testing, construction staking/as-built plans and other. 4) “Sponsor Administration” directly associated with this Project (not to exceed 5% of project costs). 5) “Sponsor Force Account” contribution (if applicable). 6) “Contingencies” (not to exceed 5% of construction costs). 7) “Other” with prior approval of the State. Design Review – Plans, Specifications and Estimates Plans, specifications and estimates shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall conduct a Concept Design Review meeting with the State and Sponsor’s consultant at approximately the thirty percent (30%) completion point in the design of the Project, and a Final Design Review at one hundred percent (100%) plan completion. These mandatory reviews shall be completed before the Sponsor will be permitted to proceed with the Project. The State shall issue an approval to proceed with final design upon satisfactory completion of the 30% review. The State shall issue an approval of the 100% plans, specifications and estimates upon satisfactory completion of the 100% review. Upon State approval, the Sponsor may proceed to advertising if construction is included in the scope of the Project, or must close the Project and submit a final grant reimbursement request if the grant is for design only. Any modification to the approved plans, specifications and estimates authorized by the Sponsor shall also be subject to approval of the State. Changes made to approved plans, specifications, and estimates at any time must be authorized by the State prior to executing the changes in order to be eligible for reimbursement by the State. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 108 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 17 of 22 The National Environmental Policy Act (NEPA) documentation must be complete and approved by the State and/or FAA prior to construction. The Sponsor shall submit a copy of the documentation to the State. FAA Notice of Proposed Construction The Sponsor agrees to submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration before construction, installation or alteration of any Project under this Agreement that falls under the requirements of Subpart B to Part 77, Objects Affecting Navigable Airspace. Bidding - Alternate Bidding Methods Design, Bid, Build is the standard and preferred method for project delivery for State airport development grant projects. Alternative contracting methods (Design Build, Construction Manager at Risk, Task Order Contract) may be used in accordance with A.R.S. Title 34, Chapters 1, 2 and 6. Use of an alternative contracting method shall be reviewed and approved by the State prior to the Sponsor executing a contract for the work. If a project is approved for an alternative contracting method, the Sponsor must comply with all Federal, State, and Local policies, regulations, rules, and laws, as well as all requirements of this grant agreement within that method. Based on Bids If a Sponsor has requested a match to a Federal construction grant that was based on bids (the project was already advertised by the Sponsor with no existing State airport development grant for the design work), then all design coordination with the State required by this agreement must have been met during the design process for any prior design work to be considered eligible for reimbursement by the State. The State shall review any documentation and work done prior to bidding and, at its sole discretion, determine the eligibility of the work. Only work items necessary to complete the Project as stated in Exhibit C, Schedule One, Project Description, may be considered eligible. Contractor Allowance This item may only be used to cover costs of unknown, unforeseen circumstances within the scope of the grant that are necessary for Project completion. (For example: if unknown underground utilities must be removed or relocated to accomplish the Project) This item must have prior approval of the State for each use of the item during construction in order to be eligible for reimbursement by the State. The bid item shall be clearly defined in the contract documents with concise language describing when it may be utilized. It shall also be specified that the item may not be used at all. The allowance may only be used for unforeseen items directly related to the Project. Contingencies Contingencies are to be used as an estimating tool during the preliminary phases of Project development. They are intended to allow room in the grant funding level for reasonable price increases or approved added items during design. Contingencies are not eligible for reimbursement by the State as bid items in a construction contract. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 109 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 18 of 22 Itemized Allowance Use of an itemized allowance items may only be included in a contract with prior approval of the State. Any use of an itemized allowance bid item as part of a grant must be for a clearly defined portion of the project. (For example: cabinet allowance – cabinets in terminal storage room as shown on plans to be selected by Sponsor, or carpet allowance – industrial Berber carpet for 200 SF lobby to be selected by Sponsor) Each contract allowance item must be approved by the State in order to be included in the bid package. The State will not approve use of an item to cover expenses not directly related to the item. (For example: Left over funds from cabinet allowance cannot be used to purchase light fixtures) Construction Inspection Airport planning, design, project estimates, bidding, and construction inspection are the direct responsibility of the Sponsor and may be accomplished by the Sponsor's staff or by a qualified consultant. The Sponsor shall provide and maintain competent technical supervision throughout the Project to assure that the work conforms to the plans, specifications and schedules approved by the State and the Sponsor. Construction inspection shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall subject the construction work and any related documentation on any Project contained in an approved Project application to inspection and approval by the State and the FAA. The State shall, if in accordance with regulations and procedures, prescribe such work as needed for the Project. Change Orders The Sponsor shall notify the State in advance of the need for a change. Such notification shall clearly define the changed or added bid items, the locations of changed work, the quantities and costs of changed work, and the time required for the change. Justification for the change must be provided to the State by the Sponsor. Change orders may be approved by the State only if they are clearly necessary to accomplish the original grant scope. If approval is granted by the State, the Sponsor shall follow up with the written change order for the State’s review and approval in a timely manner. The Sponsor may not request reimbursement for the work done under a change order until the change order is approved by the State. Construction Contract Documents Any changes to the construction contract documents (including scope, time and amount), authorized by the Sponsor, must be approved by the State prior to being implemented by the Sponsor in order to be eligible for reimbursement under the grant. All changes, as well as any notifications and approvals related to the changes, shall be documented in the final contract documents, change orders, and as built plans provided to the State at the end of the contract. Verbal requests and approvals are not sufficient as documentation for reimbursement. Final reimbursements will not be made until all documentation is received by the State. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 110 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 19 of 22 Design/Construction Project Schedules The Schedule Forms are intended to identify and monitor project scope, costs, and basic milestones that will be encountered during various phases of the Project. The Sponsor shall complete these three schedules showing the project description and total costs, project reimbursements (cash flow) schedule and project milestones. Schedule One shows the total Project estimated costs associated with each share - State and Federal and Local. Schedule Two shows a projected cash flow for State funds only. The Sponsor is to estimate requests to the State for Project reimbursement. Schedule Three shows anticipated dates of Project milestones. These schedules will be used to keep track of the Project’s progress. Be sure to develop realistic schedules. As the project progresses, and the original reimbursement schedule and or milestone dates change, the Sponsor must submit a revised Schedule to the State for approval. Schedule One Design/Construction Project Description and Funding Allocation Detailed Project Description: Apron, Rehabilitate West Hangar Apron Reconstruction Project Cost Category Total Estimated Project Cost Estimated Local Share Estimated Federal Share Estimated State Share* Design/Engineering Services $ $ $ $ Construction $ $ $ $ Construction Engineering $ $ $ $ Sponsor Administration** $ $ $ $ Sponsor Force Account Work*** $ $ $ $ Contingencies $ $ $ $ Total Project Costs $ $ $ $ *Total of this column to be used in Schedule Two. ** Sponsor Administration is not eligible for reimbursement above 5% of the project costs. *** All force account work is to be approved by the State prior to the grant agreement being signed. NOTE: The Sponsor must attach a project plan based upon the ALP that clearly shows the scope and the limits of the work. 250,000 25,000 225,000 250,000 25,000 225,000 Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 111 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 20 of 22 Schedule Two Design/Construction Project Reimbursement Schedule The Sponsor must complete this Project Reimbursement Schedule showing the projected cash flow of State grant funds only for this Project. Projections must include all consultant and contractor services. The reimbursement schedule should be a realistic schedule and will be used to keep track of a project’s progress. Reimbursement requests must be submitted regularly by the Sponsor while the grant is active. The cash flow should reflect when a request is submitted to the State, not when invoices are paid by the Sponsor. Instructions: 1) For “Total State Funds” below, enter the Total Project Costs/Estimated State Share from Schedule One. 2) For each month/year, indicate the projected reimbursement request amount for State Funds Only (use whole dollars only, e.g. $540 or $1,300). 3) Continue the process by entering a Zero (Ø) in the month/year for which no reimbursement is anticipated and/or a dollar amount of the reimbursement, until the total State funds are accounted for in the cash flow. Total State Funds: $225,000.00 Projected Reimbursement Requests / State Cash Flow Calendar Year Jan Feb Mar Apr May Jun 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Calendar Year Jul Aug Sep Oct Nov Dec 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 112 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 21 of 22 Grants expire 4 years from the date of the grant offer. The Sponsor shall schedule the work to be completed within the 4 years. Schedule Three Design/Construction Project Milestones Milestone Duration Guidelines The below duration periods are intended to provide guidelines for you to consider. These are average time periods (in calendar days), but it is understood these periods may vary by Sponsor and Project, and are subject to modification. If an entry on the form is not applicable, write N/A. 1) The Consultant Selection Phase for all Projects, regardless of type, is approximately ninety (90) days but should not exceed one hundred eighty (180) days. 2) The Design/Engineering Phase is subject to the type and complexity of the Project, however, most designs can be accomplished within one hundred eighty (180) days to two hundred and seventy (270) days. 3) The Bidding Phase typically should be sixty (60) days or less. 4) The Construction Phase is dependent upon the type of Project, the airport traffic, and the available construction season, generally ninety (90) days to three hundred sixty (360) days. 5) The State review periods should be fifteen (15) days. Design/Construction Milestone Schedule Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 113 of 235 Grant Number E2S2O01C Town of Marana Marana Regional Airport Page 22 of 22 Milestones Duration # of Days Start Date Completion Date Proposed Actual Proposed Actual Consultant Selection Phase Submit Scope for State Review/Approval* Submit Contract for State Review/Approval Award Consultant Contract Design & Engineering Phase Sponsor Issue Notice to Proceed/Start Design Conduct 30% Design Review/Approval Conduct Final Design Review/Bid Set Submitted (100%) for Review/Approval Bidding Phase Bid Set Submitted (100%) for Review/Approval Issue Invitation for Bids Submit Bid Tab for State Review/Approval Award Construction Contract/Submit to the State Construction Phase Pre-Construction Meeting Issue NTP – Begin Construction Final Inspection Submit As-Builts & Final Documentation Submit Final Reimbursement Request and Sponsor Closeout Letter * The solicitation for qualifications and the service agreements must contain a list of projects, including this grant project, per A.R.S. 34-Chapter 6. Exhibit C to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 114 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 1 of 22 Arizona Department of Transportation Multimodal Planning Division Aeronautics Group Airport Development Reimbursable Grant Agreement Part I THIS AGREEMENT is entered into _________________________________, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, through its Multimodal Planning Division (the “State”) and the Town of Marana, a political subdivision of the State of Arizona (the “Sponsor”), for a grant of State funds for the purpose of aiding in financing a Project of Runway MIRL/HIRL Construct (the “Project”), for the improvement of the Marana Regional Airport (the “Airport”). WITNESSETH Recitals: 1)The Sponsor desires, in accordance with the authority granted by Arizona Revised Statutes (A.R.S.) Section 28-8413, funds from the State for the purpose of airport planning and/or development. 2)The Arizona State Transportation Board, as approved on July 9, 2021 and the Director of the Arizona Department of Transportation, in accordance with the authority granted by Sections 28-304, 28-363, and 28-401 and A.R.S. Title 28, Chapter 25, have authorized reimbursement to the Sponsor of funds expended for airport planning and/or development. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties herein to be kept and performed, the parties agree as follows: Sponsor’s Responsibility 1)The Sponsor shall accept this Agreement within 4 months of the date of the grant offer cover letter: August 6, 2021. This Grant offer, if not accepted by the Sponsor, shall expire at the end of the 4-month period. 2)The Sponsor shall commence the Project within 6 months of the date the grant was executed by the State. This Project will consist of the airport improvements as described in Exhibit C. The Sponsor shall proceed with due diligence and complete the Project in accordance with the provisions of this Agreement. The Sponsor shall provide and maintain competent supervision to complete the Project in conformance with the plans, specifications and work completion schedule incorporated as part of this Agreement. 3)The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached hereto, as Exhibit C, Schedules Two and Three respectively and shall complete the Project within that schedule. Any Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 115 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 2 of 22 change to the schedule shall be submitted in writing and be approved by the State. A time extension beyond the State's obligation to provide funds herein must be reflected by formal Amendment to this Agreement. 4) The Sponsor shall comply with the Sponsor Assurances and abide by and enforce the General Provisions and Specific Provisions incorporated herein as Exhibits A, B and C respectively. Obligations 1) The minimum funding participation from the Sponsor shall be $140,800.00 (10%) as determined by the State. 2) The maximum reimbursement available from the State to the Sponsor for this Agreement shall be $1,267,200.00 (90%) 3) Except as otherwise provided herein for the State’s obligation to provide funds hereunder expires upon completion of the project required herein or August 1, 2025, whichever is earlier. 4) The State may, after agreeing to provide said funds to the Sponsor, withdraw/terminate the grant if the Project has not been initiated as evidenced by a Notice to Proceed within 6 months of the date the grant was executed by the State or has not progressed as scheduled over a period of 12 months or if the State determines that Sponsor is not otherwise complying with the terms of this Agreement. If it becomes necessary to terminate a grant at any time, the State will reimburse expenses of the Sponsor, approved by the State, up to the time of notification of cancellation provided Sponsor is not in default hereunder. 5) Sponsor acknowledges that in the event of a late payment or reimbursement by the State, the State shall have no obligation to pay a late payment fee or interest and shall not otherwise be penalized. 6) Notwithstanding anything to the contrary herein, in the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination at its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Preliminary Work Provision Any preliminary work, for which costs for this Project were incurred after July 9, 2021 shall be considered eligible for reimbursement provided that said costs are directly related to the Project on which this Agreement is written. The State shall review related records and determine eligibility at its sole discretion. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 116 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 3 of 22 Part II The Sponsor shall approve and attach to this agreement a resolution, or Motion, or Board Action by its governing body that certifies as follows: 1) The Sponsor has the legal power and authority: a) to do all things necessary, in order to undertake and carry out the Project; b) to accept, receive and disburse grant funds from the State in aid of the Project. 2) The Sponsor now has on deposit, or is in a position to secure _______________________________________ dollars ($ ___ ), or an equivalent amount represented by Sponsor’s proposed labor and equipment costs, for use in defraying Sponsor’s share of the costs of the Project. The present status of these funds is as follows: ____________________________________________________________________________________ (Enter local funding type and location) 3) The Sponsor hereby designates __________________________________, _______________________________ Name Title to receive payments representing the State’s share of project costs. _____________________________________________ __________________________________________ Signature of Sponsor’s Representative Title of Representative 4) The Sponsor has on file with ADOT the following vendor identification and address for project payments: Sponsor Vendor Id #: IV0000001820 Sponsor Vendor Address: Town of Marana 11555 W. Civic Ctr Dr, Marana, AZ 85653 One Hundred Fourty Thousand and Eight Hundred 140,800 Town of Marana General Fund Yiannis Kalaitzdis Finance Director Town Manager Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 117 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 4 of 22 Exhibits The following Exhibits are incorporated herewith and form a part of this Agreement. Exhibit A - Sponsor Assurances Exhibit B - General Provisions Exhibit C - Specific Provisions and Project Schedules STATE: SPONSOR: State of Arizona Town of Marana Department of Transportation Marana Regional Airport Multimodal Planning Division By: _________________________ By: _________________________ Title: Gregory Byres, Division Director Title: _________________________ Date: _________________________ Date: _________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ Terry Rozema, Town Manager Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 118 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 5 of 22 EXHIBIT A Sponsor Assurances Upon acceptance of the grant offer by the Sponsor, these assurances will become a part of this Agreement. The Sponsor hereby covenants and agrees with the State as follows: General 1) That the Project is consistent with plans (existing at the time of approval of the Project) of political jurisdictions authorized by the State to plan for the development of the area surrounding the Airport and has given fair consideration to the interest of communities in or near where the Project is to be located. In making a decision to undertake any airport development Project under this Agreement the Sponsor insures that it has undertaken reasonable consultation with affected parties using the Airport at which the Project is proposed. All appropriate development standards of Federal Aviation Administration (FAA) Advisory Circulars, Orders, or Federal Regulations shall be complied with. All related state and federal laws shall be complied with. 2) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall remain in full force and effect throughout the useful life of the facilities or the planning project’s duration developed under the grant, but in any event, not less than twenty (20) years from the date of acceptance of the grant offer by the Sponsor. 3) The Sponsor certifies in this Agreement that it is a political subdivision of the State and is the public agency with control over a public-use Airport and/or on behalf of the possible future development of an Airport and is eligible to receive grant funds for the development or possible development of an Airport under its jurisdiction. 4) The Sponsor further agrees it holds good title, satisfactory to the State, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the State that good title will be acquired. 5) That the Sponsor is the owner or lessee of the property or properties on which the Airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the State. 6) The Sponsor agrees that it has sufficient funds available for that portion of the project costs which are not to be paid by the State (or the United States). 7) The Sponsor agrees to provide and maintain competent supervision to complete the Project in conformance with this Agreement. 8) Preserving Rights and Powers: The Sponsor agrees it shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions and assurances in this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or modify any outstanding rights or claims of right by others which would interfere with such performance by the Sponsor. This will be done in a manner acceptable to the State. The Sponsor shall not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on the airport property map included in the most recent FAA-approved Airport Layout Plan, or to that portion of the property upon which State Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 119 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 6 of 22 funds have been expended, for the duration of the terms, conditions and assurances in this Agreement without approval by the State. If the transferee is found by the State to be eligible under Title 49, United States Code, to assume the obligations of this Agreement and to have the power, authority and financial resources to carry out such obligations, the Sponsor shall insert in the contract or document transferring or disposing of Sponsor’s interest and make binding upon the transferee all the terms, conditions and assurances contained in this Agreement. 9) Public Hearings: In Projects involving the location of an Airport, an airport runway or a major runway extension, the Sponsor has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental impacts of the Airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the State, submit a copy of such hearings to the State. Financial Pursuant to A.R.S. 35-326, the Sponsor may elect to utilize the Local Government Investment Pool (“LGIP”) maintained by the state treasurer. The Sponsor shall request written approval from the State to use the LGIP. Thereafter, the State may deposit the funds authorized by the grant into the Sponsor’s account. After approval of the reimbursements by the state, the funds shall be disbursed through the LGIP account to the Sponsor. The disbursements shall be made pursuant to the applicable laws and regulations. The Sponsor shall establish and maintain for each Project governed by this Agreement, an adequate accounting record to allow State personnel to determine all funds received (including funds of the Sponsor and funds received from the United States or other sources) and to determine the eligibility of all incurred costs of the Project. The Sponsor shall segregate and group project costs into cost classifications as listed in the Specific Provisions of Exhibit C. Record Keeping The Sponsor shall maintain accurate records of all labor, equipment and materials used in this Project and that upon reasonable notice, shall make available to the State, or any of their authorized representatives, for the purpose of audit and examination all records, books, papers or documents of the recipient relating to work performed under this Agreement. For airport development Projects, make the Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the State upon reasonable request. Airport Based Aircraft Reporting The Sponsor shall furnish to the State on a quarterly basis, a current detailed listing (including: Registration/N Number, Name, Address and Phone Number of Owner) of all based aircraft on the Airport in a form approved by the State. Airport Layout Plan 1) The Sponsor shall maintain a current signed/approved Airport Layout Plan (ALP) of the Airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State an updated ALP of the Airport as changes are made. 2) The Sponsor shall be required to prepare an ALP for update or revalidation in accordance with current FAA and State standard guidelines. The ALP will indicate any deviations from FAA design standards as outlined in current FAA Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 120 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 7 of 22 Advisory Circulars, orders or regulations. A copy of the signed/approved ALP in electronic format shall be forwarded to the State after authentication by FAA or the State. 3) The Sponsor shall assure that there are no changes to the airport property boundaries, together with any off-site areas owned or controlled by the Sponsor which support the Airport or its operations as a part of this project. 4) If a change or alteration is made at the Airport which the State determines adversely affects the safety, utility or efficiency of the Airport, or any State funded property on or off Airport which is not in conformity with the ALP as approved by the State, the Sponsor will, if requested by the State, eliminate such adverse affect in a manner approved by the State. Immediate Vicinity Land Use Restriction The Sponsor shall restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal airport operations and to take appropriate action including the adoption of appropriate zoning laws. In addition, if the Project is for noise compatibility or to protect the 14 CFR Part 77 imaginary surfaces of the Airport, the Sponsor will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures or the imaginary surfaces of the Airport upon which State funds have been expended. Airport Operation 1) The Sponsor shall promote safe airport operations by clearing and protecting the approaches to the Airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. The Sponsor shall take appropriate action to assure such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by preventing the establishment or creation of future airport hazards. The Sponsor shall promptly notify airmen of any condition affecting aeronautical use of the Airport. 2) The Sponsor further agrees to operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other airport facilities. 3) In any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor shall insert and enforce provisions requiring said person, firm or corporation: a) to furnish services on a reasonable and not unjustly discriminatory basis to all users thereof and charge reasonable and not unjustly discriminatory prices for each unit or service; b) and be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers; Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 121 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 8 of 22 c) each Fixed Based Operator (FBO) and Air Carrier at the Airport shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other FBOs and Air Carriers making the same or similar uses of the Airport and utilizing the same or similar facilities; d) each Air Carrier using such Airport shall have the right to service itself or to use any FBO that is authorized or permitted by the Airport to serve any Air Carrier at the Airport. 4) The Sponsor shall not exercise or grant any right or privilege which operates to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance, repair and fueling) that it may choose to perform. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by a commercial aeronautical operator authorized by the Sponsor under these provisions. 5) The Sponsor shall suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 6) The Sponsor shall not permit an exclusive right for the use of the Airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, providing services at an Airport by a single FBO shall not be construed as an “exclusive right” if: a) it would be unreasonably costly, burdensome or impractical for more than one FBO; and b) if allowing more than one FBO to provide such services would require a reduction of space leased pursuant to an existing agreement between a single FBO and the Airport. Note: Aeronautical activities that are covered by this paragraph include, but are not limited to: charter flights, pilot training, aircraft rental, sightseeing, air carrier operations, aircraft sales and services, aerial photography, agricultural spraying, aerial advertising and surveying, sale of aviation petroleum products whether or not conducted in conjunction with any other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. 7) The Sponsor shall terminate any exclusive right to conduct an aeronautical activity now existing at the Airport before any grant of assistance from the State. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the Airport is used as an Airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with State funds. 8) Airport Pavement Preservation Program: The Sponsor certifies that they have implemented an effective pavement preservation management program at the Airport in accordance with Public Law 103-305 and with the most current associated FAA policies and guidance for the replacement, reconstruction or maintenance of pavement at the Airport. The Sponsor assures that it shall use and follow this program for the useful life of the pavement constructed, reconstructed or repaired with financial assistance from the State and that it will provide such reports on pavement condition and pavement management programs as may be required by the State. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 122 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 9 of 22 Sponsor Transactions The Sponsor shall refrain from entering into any transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the Sponsor, the Sponsor shall reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants or insure that such an arrangement also requires compliance therewith. Airport Revenues The Sponsor shall maintain a fee and rental structure for the facilities and services at the Airport which will make the Airport as self-sustaining as possible under the circumstances existing at the particular Airport, taking into account such factors as the volume of traffic and economy of collection. All revenues generated by the Airport (and any local taxes established after Dec 30, 1987), will be expended by it for the capital or operating costs of the Airport; the local airport system; or the local facilities which are owned or operated by the owner or operator of the Airport and which are directly or substantially related to the actual air transportation of passengers or property, on or off the Airport. Disposal of Land 1) For land purchased under a grant for airport development purposes (it is needed for aeronautical purposes, including runway protection zones, or serve as noise buffer land; and revenue from the interim use of the land contributed to the financial self-sufficiency of the Airport), the Sponsor shall apply to the State and FAA for permission to dispose of such land. If agreed to by the State and/or FAA, the Sponsor shall dispose of such land at fair market value and make available to the State and FAA an amount that is proportionate to the State and FAA’s share of the cost of the land acquisition. That portion of the proceeds of such disposition, which is proportionate to the share of the cost of acquisition of such land, shall be (a) reinvested in another eligible airport development Project or Projects approved by the State and FAA or (b) be deposited to the Aviation Trust Fund if no eligible Project exists. 2) Disposition of such land shall be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the Airport. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 123 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 10 of 22 EXHIBIT B General Provisions Employment of Consultants The term consultant, as used herein, includes planners, architects and/or engineers. If a consultant is to be used for this Project, the Sponsor agrees to consider at least three (3) consultant firms. If the Sponsor has contracted with or will contract with a consultant on a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at least three (3) consultants were or will be considered. The Sponsor shall submit to the State, for review and approval, a copy of the request for proposals and/or request for qualifications, and the proposed consultant contract prior to its execution and upon award of the contract, a fully executed copy. All requests for qualifications and requests for proposals shall be in accordance with A.R.S. 34, Chapters 1, 2 and 6, and shall include a list of projects and project locations to be awarded project contracts. Contracts 1) The Sponsor as an independent entity and not as an agent of the State may obtain the services required in order to fulfill the work outlined in the Project Description as approved by the State for funding in the Airport Capital Improvement Program. All contracts awarded to accomplish the project work described in this Agreement shall state: a) The name of the consultant authorized to perform the work and to communicate on behalf of the Sponsor; b) The Sponsor must insure that contracts issued under this Agreement comply with the provisions of Arizona Executive Order 75-5 as amended by Arizona Executive Order 2009-9, relating to equal opportunity; c) The terms for termination of the contract either for failure to perform or in the best interest of the Sponsor; d) The duly authorized representatives of the State shall have access to any books, documents, papers and records of the consultant and/or contractor which are in any way pertinent to the contract for a period of five years, in accordance with A.R.S. 35-214, for the purpose of making inspections, audits, examinations, excerpts and transcriptions. 2) All contracts shall stipulate and make clear: a) The responsibilities of the consultant to gain authorization for changes on the Project which may have an affect on the contract price, scope, or schedule; b) That all construction contractors and sub-contractors hired to perform services, shall be in compliance with A.R.S. 32, Chapter 10. c) That any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. That these items shall be made available to the public. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 124 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 11 of 22 d) That any travel shall be reimbursable by the State only within the rules and costs in accordance with the State of Arizona Travel Policy. 3) Liability of Subcontractors 1) It shall be the responsibility of the Sponsor to ensure through contractual agreement that any independent contractor, subcontractors, or sub consultants utilized by the Sponsor, defend, indemnify, save, and hold harmless the State and any of their departments, divisions, agencies, officers, or employees who may be obligated to pay by reason of any liability imposed upon any of the above for damages arising out of any error, negligence, omissions, or act of the independent contractor, subcontractor, or sub consultant. Conflict of Interest Each consultant submitting a proposal shall certify that it shall comply with, in all respects, the rules of professional conduct set forth in Arizona Administrative Code R4-30-301. In addition, a conflict of interest shall be cause for disqualifying a consultant from consideration; or terminating a contract if the conflict should occur after the contract is made. A potential conflict of interest includes, but is not limited to: 1) Accepting an assignment where duty to the client would conflict with the consultant's personal interest, or interest of another client. 2) Performing work for a client or having an interest which conflicts with this contract. Reports 1) Reimbursement Requirements a). The Sponsor shall submit quarterly Grant Reimbursement Requests (GRR’s) to the Aeronautics Grant Manager after the date of the grant agreement has been signed by both Sponsor and State. b). The Sponsor shall prepare quarterly (GRR) forms with the appropriate invoices attached which clearly indicate the project’s progress to date and the amount of reimbursement due by virtue of that progress. All GRR’s for payment shall be for work completed unless otherwise agreed to by State. (i). The State has the right to withhold reimbursement payments if the Sponsor does not fill out the State GRR form correctly. If the State does decide to withhold payments to the Sponsor for any reason, it must provide written notification and an explanation to the Sponsor within ten (10) days of the date of the invoice submitted. c). The State has the right to suspend any current or future grants should the Sponsor neglect to make a grant reimbursement request after 180 days as stated on the Projected Reimbursement Requests / State Cash Flow section of the grant agreement under Exhibit C, Schedule 2. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 125 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 12 of 22 d). An Airport may be awarded a pavement management agreement through the State’s Airport Pavement Management System (APMS Program). Sponsors receiving APMS treatment will be responsible for 10% of the eligible construction cost. Outstanding balances after final costs reconciliation shall be paid to the State upon written notice. Any unpaid balance by the Sponsor can result in suspension of participation in the State’s Airport Pavement Management System and State/Local Grants. 2) The Sponsor shall submit monthly status reports during planning, shall submit monthly status reports during design, and shall submit weekly reports during construction. All reports shall reflect, at a minimum, the progress accomplished in relation to the Grant and Project schedules and milestones, the reasons for any changes, and the recommended corrections of problems encountered. Upon completion of the Project, the Sponsor shall submit a letter to the State specifying that the Project has been completed to their satisfaction and that the consultant and the contractor have completed their contractual responsibilities. Changes Any changes to the consultant contract, authorized by the Sponsor, that include additional funds, time and/or scope, shall be by amendment and shall be approved by the State prior to being made in order to be eligible for reimbursement. Approval of a change by the State shall not obligate the State to provide reimbursement beyond the maximum funds obligated by this Agreement. Any increase to the amount of funds authorized hereunder, to the expiration date of this agreement, or to the scope of work included in this agreement must be by formal amendment, and signed by all parties. Any changes to the contract documents, authorized by the Sponsor, must be approved by the State prior to any changes being made in order to be eligible for reimbursement. Audit Upon completion of the Project, the Sponsor agrees to have an audit performed. The audit examination may be a separate project audit or in accordance with the Single Audit Act of 1984 (Single Audit). If the Sponsor is required under law to have a Single Audit, this Project shall be considered for inclusion in the scope of examination. The Sponsor shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Project supplied by other sources, and such other financial records pertinent to the Project. The accounts and records will be kept in accordance with A.R.S. 35-214. In any case in which an independent audit is made of the accounts of a Sponsor relating to the disposition of the proceeds of a grant relating to the Project in connection with which the grant was given or used, it shall file a certified copied of such audit with the State not later than six (6) months following the close of the fiscal year in which the audit was made. The Sponsor shall make available to the State or any of their other duly authorized representatives, for the purpose of audit and examination, any books, documents, papers and records of the recipient that are pertinent to the grant. The Sponsor further agrees to provide the State a certified copy of the audit report. The State is to determine the acceptability of this audit. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 126 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 13 of 22 Suspension If the Sponsor fails to comply with any conditions of this Agreement, the State, by written notice to the Sponsor, may suspend participation and withhold payments until appropriate corrective action has been taken by the Sponsor. Costs incurred during a period of suspension may not be eligible for reimbursement by the State. Failure to Perform If the Sponsor fails to comply with the conditions of this Agreement the State, may by written notice to the Sponsor, terminate this Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and the eligibility of costs incurred prior to termination. The State shall not reimburse any costs incurred after the date of termination. Termination for Convenience When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder, the State may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. In the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination as its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Waiver by State No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a default, failure to perform or to take any other action on account of any violation that continues or repeats. Compliance with Laws The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances, policies, advisory circulars, and decrees that are applicable to the performance hereunder. Arbitration In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. Section 12-1518. Jurisdiction Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of competent jurisdiction within Maricopa County, State of Arizona. Excess of Payments If it is found that the total payments to the Sponsor exceed the State's share of allowable project costs, the Sponsor shall promptly return the excess to the State. Final determination of the State's share of allowable costs shall rest solely with Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 127 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 14 of 22 the State. Any reimbursement to the Sponsor by the State not in accordance with this Agreement or unsubstantiated by project records will be considered ineligible for reimbursement and shall be returned promptly to the State. State Inspectors At any time and/or prior to final payment of funds for work performed under this Agreement, the State may perform an inspection of the work performed to assure compliance with the terms herein and to review the workmanship of the Sponsor's contractors and/or consultants. No inspector is authorized to change any provisions of this Agreement or any provisions of Agreements between the Sponsor and the Sponsor's contractor and/or consultant. Indemnification The State of Arizona, acting by and through the Arizona Department of Transportation, does not assume any liability to third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting from the performance of this Agreement or any subcontract hereunder. The Sponsor shall indemnify and hold harmless the State, any of their departments, agencies, officers and employees from any and all liability, loss or damage the State may suffer as a result of claims, demands, costs or judgments of any character arising out of the performance or non-performance of the Sponsor or its independent contractors in carrying out any provisions of this Agreement. In the event of any action, this indemnification shall include, but not be limited to, court costs, expenses of litigation and reasonable attorney's fees. Required Provisions Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. Property of the Sponsor and State Any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. The Sponsor shall give the State unrestricted authority to publish, disclose, distribute and otherwise use at no cost to the State any of the material prepared in connection with this grant. At the completion of the project, the Sponsor shall provide the State with an electronic copy, in a format useable by the State, and one hard copy in a format useable by the State, of final plans, specifications, reports, planning documents, and/or other published materials as produced as a result of this project. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this Agreement, the Sponsor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Sponsor”) agrees to comply with the following non-discrimination statutes and authorities, Including but not limited to: Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 128 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 15 of 22 1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 2) 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation – Effectuation of Title VI of The Civil Rights Act of 1964); 3) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 4) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5) The Age Discrimination Act of 1957, as amended, (42 U.S. C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs of activities” to include all the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8) Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10) Executive Order 12898, Federal Actions to Address Environmental justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin, discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discrimination because of sex in education programs or activities (20 U.S.C 1681 et. Seq.). 13) All parties shall comply with all applicable federal, state, county, cities, and local laws, rules, regulations, and assurances in addition to all applicable provisions of Title 14 (Aeronautics and Space Chapter 1 – Federal Aviation Administration, Department of Transportation) and Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 129 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 16 of 22 EXHIBIT C Specific Provisions and Project Schedules Provisions for Design/Construction Financial Cost Categories The Sponsor shall segregate and group project costs in categories as follows: 1) “Design/Engineering Services” (as applicable), including topographic surveys/mapping, geometric design, plans preparation, geotechnical and pavement design, specifications, contract documents. 2) “Construction” (must be accounted for in accordance with approved work items as presented in the bid tabulation). 3) “Construction Engineering” (as applicable), including contract administration, inspection/field engineering, materials testing, construction staking/as-built plans and other. 4) “Sponsor Administration” directly associated with this Project (not to exceed 5% of project costs). 5) “Sponsor Force Account” contribution (if applicable). 6) “Contingencies” (not to exceed 5% of construction costs). 7) “Other” with prior approval of the State. Design Review – Plans, Specifications and Estimates Plans, specifications and estimates shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall conduct a Concept Design Review meeting with the State and Sponsor’s consultant at approximately the thirty percent (30%) completion point in the design of the Project, and a Final Design Review at one hundred percent (100%) plan completion. These mandatory reviews shall be completed before the Sponsor will be permitted to proceed with the Project. The State shall issue an approval to proceed with final design upon satisfactory completion of the 30% review. The State shall issue an approval of the 100% plans, specifications and estimates upon satisfactory completion of the 100% review. Upon State approval, the Sponsor may proceed to advertising if construction is included in the scope of the Project, or must close the Project and submit a final grant reimbursement request if the grant is for design only. Any modification to the approved plans, specifications and estimates authorized by the Sponsor shall also be subject to approval of the State. Changes made to approved plans, specifications, and estimates at any time must be authorized by the State prior to executing the changes in order to be eligible for reimbursement by the State. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 130 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 17 of 22 The National Environmental Policy Act (NEPA) documentation must be complete and approved by the State and/or FAA prior to construction. The Sponsor shall submit a copy of the documentation to the State. FAA Notice of Proposed Construction The Sponsor agrees to submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration before construction, installation or alteration of any Project under this Agreement that falls under the requirements of Subpart B to Part 77, Objects Affecting Navigable Airspace. Bidding - Alternate Bidding Methods Design, Bid, Build is the standard and preferred method for project delivery for State airport development grant projects. Alternative contracting methods (Design Build, Construction Manager at Risk, Task Order Contract) may be used in accordance with A.R.S. Title 34, Chapters 1, 2 and 6. Use of an alternative contracting method shall be reviewed and approved by the State prior to the Sponsor executing a contract for the work. If a project is approved for an alternative contracting method, the Sponsor must comply with all Federal, State, and Local policies, regulations, rules, and laws, as well as all requirements of this grant agreement within that method. Based on Bids If a Sponsor has requested a match to a Federal construction grant that was based on bids (the project was already advertised by the Sponsor with no existing State airport development grant for the design work), then all design coordination with the State required by this agreement must have been met during the design process for any prior design work to be considered eligible for reimbursement by the State. The State shall review any documentation and work done prior to bidding and, at its sole discretion, determine the eligibility of the work. Only work items necessary to complete the Project as stated in Exhibit C, Schedule One, Project Description, may be considered eligible. Contractor Allowance This item may only be used to cover costs of unknown, unforeseen circumstances within the scope of the grant that are necessary for Project completion. (For example: if unknown underground utilities must be removed or relocated to accomplish the Project) This item must have prior approval of the State for each use of the item during construction in order to be eligible for reimbursement by the State. The bid item shall be clearly defined in the contract documents with concise language describing when it may be utilized. It shall also be specified that the item may not be used at all. The allowance may only be used for unforeseen items directly related to the Project. Contingencies Contingencies are to be used as an estimating tool during the preliminary phases of Project development. They are intended to allow room in the grant funding level for reasonable price increases or approved added items during design. Contingencies are not eligible for reimbursement by the State as bid items in a construction contract. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 131 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 18 of 22 Itemized Allowance Use of an itemized allowance items may only be included in a contract with prior approval of the State. Any use of an itemized allowance bid item as part of a grant must be for a clearly defined portion of the project. (For example: cabinet allowance – cabinets in terminal storage room as shown on plans to be selected by Sponsor, or carpet allowance – industrial Berber carpet for 200 SF lobby to be selected by Sponsor) Each contract allowance item must be approved by the State in order to be included in the bid package. The State will not approve use of an item to cover expenses not directly related to the item. (For example: Left over funds from cabinet allowance cannot be used to purchase light fixtures) Construction Inspection Airport planning, design, project estimates, bidding, and construction inspection are the direct responsibility of the Sponsor and may be accomplished by the Sponsor's staff or by a qualified consultant. The Sponsor shall provide and maintain competent technical supervision throughout the Project to assure that the work conforms to the plans, specifications and schedules approved by the State and the Sponsor. Construction inspection shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall subject the construction work and any related documentation on any Project contained in an approved Project application to inspection and approval by the State and the FAA. The State shall, if in accordance with regulations and procedures, prescribe such work as needed for the Project. Change Orders The Sponsor shall notify the State in advance of the need for a change. Such notification shall clearly define the changed or added bid items, the locations of changed work, the quantities and costs of changed work, and the time required for the change. Justification for the change must be provided to the State by the Sponsor. Change orders may be approved by the State only if they are clearly necessary to accomplish the original grant scope. If approval is granted by the State, the Sponsor shall follow up with the written change order for the State’s review and approval in a timely manner. The Sponsor may not request reimbursement for the work done under a change order until the change order is approved by the State. Construction Contract Documents Any changes to the construction contract documents (including scope, time and amount), authorized by the Sponsor, must be approved by the State prior to being implemented by the Sponsor in order to be eligible for reimbursement under the grant. All changes, as well as any notifications and approvals related to the changes, shall be documented in the final contract documents, change orders, and as built plans provided to the State at the end of the contract. Verbal requests and approvals are not sufficient as documentation for reimbursement. Final reimbursements will not be made until all documentation is received by the State. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 132 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 19 of 22 Design/Construction Project Schedules The Schedule Forms are intended to identify and monitor project scope, costs, and basic milestones that will be encountered during various phases of the Project. The Sponsor shall complete these three schedules showing the project description and total costs, project reimbursements (cash flow) schedule and project milestones. Schedule One shows the total Project estimated costs associated with each share - State and Federal and Local. Schedule Two shows a projected cash flow for State funds only. The Sponsor is to estimate requests to the State for Project reimbursement. Schedule Three shows anticipated dates of Project milestones. These schedules will be used to keep track of the Project’s progress. Be sure to develop realistic schedules. As the project progresses, and the original reimbursement schedule and or milestone dates change, the Sponsor must submit a revised Schedule to the State for approval. Schedule One Design/Construction Project Description and Funding Allocation Detailed Project Description: Runway MIRL/HIRL Construct Project Cost Category Total Estimated Project Cost Estimated Local Share Estimated Federal Share Estimated State Share* Design/Engineering Services $ $ $ $ Construction $ $ $ $ Construction Engineering $ $ $ $ Sponsor Administration** $ $ $ $ Sponsor Force Account Work*** $ $ $ $ Contingencies $ $ $ $ Total Project Costs $ $ $ $ *Total of this column to be used in Schedule Two. ** Sponsor Administration is not eligible for reimbursement above 5% of the project costs. *** All force account work is to be approved by the State prior to the grant agreement being signed. NOTE: The Sponsor must attach a project plan based upon the ALP that clearly shows the scope and the limits of the work. 140,800 140,800 1,480,000 1,480,000 1,267,200 1,267,200 Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 133 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 20 of 22 Schedule Two Design/Construction Project Reimbursement Schedule The Sponsor must complete this Project Reimbursement Schedule showing the projected cash flow of State grant funds only for this Project. Projections must include all consultant and contractor services. The reimbursement schedule should be a realistic schedule and will be used to keep track of a project’s progress. Reimbursement requests must be submitted regularly by the Sponsor while the grant is active. The cash flow should reflect when a request is submitted to the State, not when invoices are paid by the Sponsor. Instructions: 1) For “Total State Funds” below, enter the Total Project Costs/Estimated State Share from Schedule One. 2) For each month/year, indicate the projected reimbursement request amount for State Funds Only (use whole dollars only, e.g. $540 or $1,300). 3) Continue the process by entering a Zero (Ø) in the month/year for which no reimbursement is anticipated and/or a dollar amount of the reimbursement, until the total State funds are accounted for in the cash flow. Total State Funds: $1,267,200.00 Projected Reimbursement Requests / State Cash Flow Calendar Year Jan Feb Mar Apr May Jun 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Calendar Year Jul Aug Sep Oct Nov Dec 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 134 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 21 of 22 Grants expire 4 years from the date of the grant offer. The Sponsor shall schedule the work to be completed within the 4 years. Schedule Three Design/Construction Project Milestones Milestone Duration Guidelines The below duration periods are intended to provide guidelines for you to consider. These are average time periods (in calendar days), but it is understood these periods may vary by Sponsor and Project, and are subject to modification. If an entry on the form is not applicable, write N/A. 1) The Consultant Selection Phase for all Projects, regardless of type, is approximately ninety (90) days but should not exceed one hundred eighty (180) days. 2) The Design/Engineering Phase is subject to the type and complexity of the Project, however, most designs can be accomplished within one hundred eighty (180) days to two hundred and seventy (270) days. 3) The Bidding Phase typically should be sixty (60) days or less. 4) The Construction Phase is dependent upon the type of Project, the airport traffic, and the available construction season, generally ninety (90) days to three hundred sixty (360) days. 5) The State review periods should be fifteen (15) days. Design/Construction Milestone Schedule Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 135 of 235 Grant Number E2S2N01C Town of Marana Marana Regional Airport Page 22 of 22 Milestones Duration # of Days Start Date Completion Date Proposed Actual Proposed Actual Consultant Selection Phase Submit Scope for State Review/Approval* Submit Contract for State Review/Approval Award Consultant Contract Design & Engineering Phase Sponsor Issue Notice to Proceed/Start Design Conduct 30% Design Review/Approval Conduct Final Design Review/Bid Set Submitted (100%) for Review/Approval Bidding Phase Bid Set Submitted (100%) for Review/Approval Issue Invitation for Bids Submit Bid Tab for State Review/Approval Award Construction Contract/Submit to the State Construction Phase Pre-Construction Meeting Issue NTP – Begin Construction Final Inspection Submit As-Builts & Final Documentation Submit Final Reimbursement Request and Sponsor Closeout Letter * The solicitation for qualifications and the service agreements must contain a list of projects, including this grant project, per A.R.S. 34-Chapter 6. Exhibit D to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 136 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 1 of 22 Arizona Department of Transportation Multimodal Planning Division Aeronautics Group Airport Development Reimbursable Grant Agreement Part I THIS AGREEMENT is entered into _________________________________, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, through its Multimodal Planning Division (the “State”) and the Town of Marana, a political subdivision of the State of Arizona (the “Sponsor”), for a grant of State funds for the purpose of aiding in financing a Project of Apron Lighting PAPIs on Runways 12-30 and 3- 21 (the “Project”), for the improvement of the Marana Regional Airport (the “Airport”). WITNESSETH Recitals: 1)The Sponsor desires, in accordance with the authority granted by Arizona Revised Statutes (A.R.S.) Section 28-8413, funds from the State for the purpose of airport planning and/or development. 2)The Arizona State Transportation Board, as approved on July 9, 2021 and the Director of the Arizona Department of Transportation, in accordance with the authority granted by Sections 28-304, 28-363, and 28-401 and A.R.S. Title 28, Chapter 25, have authorized reimbursement to the Sponsor of funds expended for airport planning and/or development. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements made by the parties herein to be kept and performed, the parties agree as follows: Sponsor’s Responsibility 1)The Sponsor shall accept this Agreement within 4 months of the date of the grant offer cover letter: August 6,, 2021. This Grant offer, if not accepted by the Sponsor, shall expire at the end of the 4-month period. 2)The Sponsor shall commence the Project within 6 months of the date the grant was executed by the State. This Project will consist of the airport improvements as described in Exhibit C. The Sponsor shall proceed with due diligence and complete the Project in accordance with the provisions of this Agreement. The Sponsor shall provide and maintain competent supervision to complete the Project in conformance with the plans, specifications and work completion schedule incorporated as part of this Agreement. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 137 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 2 of 22 3) The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached hereto, as Exhibit C, Schedules Two and Three respectively and shall complete the Project within that schedule. Any change to the schedule shall be submitted in writing and be approved by the State. A time extension beyond the State's obligation to provide funds herein must be reflected by formal Amendment to this Agreement. 4) The Sponsor shall comply with the Sponsor Assurances and abide by and enforce the General Provisions and Specific Provisions incorporated herein as Exhibits A, B and C respectively. Obligations 1) The minimum funding participation from the Sponsor shall be $25,000.00 (10%) as determined by the State. 2) The maximum reimbursement available from the State to the Sponsor for this Agreement shall be $225,000.00 (90%) 3) Except as otherwise provided herein for the State’s obligation to provide funds hereunder expires upon completion of the project required herein or August 1, 2025, whichever is earlier. 4) The State may, after agreeing to provide said funds to the Sponsor, withdraw/terminate the grant if the Project has not been initiated as evidenced by a Notice to Proceed within 6 months of the date the grant was executed by the State or has not progressed as scheduled over a period of 12 months or if the State determines that Sponsor is not otherwise complying with the terms of this Agreement. If it becomes necessary to terminate a grant at any time, the State will reimburse expenses of the Sponsor, approved by the State, up to the time of notification of cancellation provided Sponsor is not in default hereunder. 5) Sponsor acknowledges that in the event of a late payment or reimbursement by the State, the State shall have no obligation to pay a late payment fee or interest and shall not otherwise be penalized. 6) Notwithstanding anything to the contrary herein, in the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination at its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Preliminary Work Provision Any preliminary work, for which costs for this Project were incurred after July 9, 2021 shall be considered eligible for reimbursement provided that said costs are directly related to the Project on which this Agreement is written. The State shall review related records and determine eligibility at its sole discretion. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 138 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 3 of 22 Part II The Sponsor shall approve and attach to this agreement a resolution, or Motion, or Board Action by its governing body that certifies as follows: 1) The Sponsor has the legal power and authority: a) to do all things necessary, in order to undertake and carry out the Project; b) to accept, receive and disburse grant funds from the State in aid of the Project. 2) The Sponsor now has on deposit, or is in a position to secure _______________________________________ dollars ($ ___ ), or an equivalent amount represented by Sponsor’s proposed labor and equipment costs, for use in defraying Sponsor’s share of the costs of the Project. The present status of these funds is as follows: ____________________________________________________________________________________ (Enter local funding type and location) 3) The Sponsor hereby designates __________________________________, _______________________________ Name Title to receive payments representing the State’s share of project costs. _____________________________________________ __________________________________________ Signature of Sponsor’s Representative Title of Representative 4) The Sponsor has on file with ADOT the following vendor identification and address for project payments: Sponsor Vendor Id #: IV0000001820 Sponsor Vendor Address: Town of Marana 11555 W. Civic Ctr Dr, Marana, AZ 85653 Twenty Five Thousand Town of Marana General Fund Yiannis Kalaitzdis Finance Director Town Manager 25,000 Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 139 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 4 of 22 Exhibits The following Exhibits are incorporated herewith and form a part of this Agreement. Exhibit A - Sponsor Assurances Exhibit B - General Provisions Exhibit C - Specific Provisions and Project Schedules STATE: SPONSOR: State of Arizona Town of Marana Department of Transportation Marana Regional Airport Multimodal Planning Division By: _________________________ By: _________________________ Title: Gregory Byres, Division Director Title: _________________________ Date: _________________________ Date: _________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ WITNESSED BY: Signature: ________________________ Print Name: ________________________ Date: ________________________ Terry Rozema, Town Manager Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 140 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 5 of 22 EXHIBIT A Sponsor Assurances Upon acceptance of the grant offer by the Sponsor, these assurances will become a part of this Agreement. The Sponsor hereby covenants and agrees with the State as follows: General 1) That the Project is consistent with plans (existing at the time of approval of the Project) of political jurisdictions authorized by the State to plan for the development of the area surrounding the Airport and has given fair consideration to the interest of communities in or near where the Project is to be located. In making a decision to undertake any airport development Project under this Agreement the Sponsor insures that it has undertaken reasonable consultation with affected parties using the Airport at which the Project is proposed. All appropriate development standards of Federal Aviation Administration (FAA) Advisory Circulars, Orders, or Federal Regulations shall be complied with. All related state and federal laws shall be complied with. 2) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall remain in full force and effect throughout the useful life of the facilities or the planning project’s duration developed under the grant, but in any event, not less than twenty (20) years from the date of acceptance of the grant offer by the Sponsor. 3) The Sponsor certifies in this Agreement that it is a political subdivision of the State and is the public agency with control over a public-use Airport and/or on behalf of the possible future development of an Airport and is eligible to receive grant funds for the development or possible development of an Airport under its jurisdiction. 4) The Sponsor further agrees it holds good title, satisfactory to the State, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the State that good title will be acquired. 5) That the Sponsor is the owner or lessee of the property or properties on which the Airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the State. 6) The Sponsor agrees that it has sufficient funds available for that portion of the project costs which are not to be paid by the State (or the United States). 7) The Sponsor agrees to provide and maintain competent supervision to complete the Project in conformance with this Agreement. 8) Preserving Rights and Powers: The Sponsor agrees it shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions and assurances in this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or modify any outstanding rights or claims of right by others which would interfere with such performance by the Sponsor. This will be done in a manner acceptable to the State. The Sponsor shall not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on the airport property map included in the most recent FAA-approved Airport Layout Plan, or to that portion of the property upon which State Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 141 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 6 of 22 funds have been expended, for the duration of the terms, conditions and assurances in this Agreement without approval by the State. If the transferee is found by the State to be eligible under Title 49, United States Code, to assume the obligations of this Agreement and to have the power, authority and financial resources to carry out such obligations, the Sponsor shall insert in the contract or document transferring or disposing of Sponsor’s interest and make binding upon the transferee all the terms, conditions and assurances contained in this Agreement. 9) Public Hearings: In Projects involving the location of an Airport, an airport runway or a major runway extension, the Sponsor has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental impacts of the Airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the State, submit a copy of such hearings to the State. Financial Pursuant to A.R.S. 35-326, the Sponsor may elect to utilize the Local Government Investment Pool (“LGIP”) maintained by the state treasurer. The Sponsor shall request written approval from the State to use the LGIP. Thereafter, the State may deposit the funds authorized by the grant into the Sponsor’s account. After approval of the reimbursements by the state, the funds shall be disbursed through the LGIP account to the Sponsor. The disbursements shall be made pursuant to the applicable laws and regulations. The Sponsor shall establish and maintain for each Project governed by this Agreement, an adequate accounting record to allow State personnel to determine all funds received (including funds of the Sponsor and funds received from the United States or other sources) and to determine the eligibility of all incurred costs of the Project. The Sponsor shall segregate and group project costs into cost classifications as listed in the Specific Provisions of Exhibit C. Record Keeping The Sponsor shall maintain accurate records of all labor, equipment and materials used in this Project and that upon reasonable notice, shall make available to the State, or any of their authorized representatives, for the purpose of audit and examination all records, books, papers or documents of the recipient relating to work performed under this Agreement. For airport development Projects, make the Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the State upon reasonable request. Airport Based Aircraft Reporting The Sponsor shall furnish to the State on a quarterly basis, a current detailed listing (including: Registration/N Number, Name, Address and Phone Number of Owner) of all based aircraft on the Airport in a form approved by the State. Airport Layout Plan 1) The Sponsor shall maintain a current signed/approved Airport Layout Plan (ALP) of the Airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State an updated ALP of the Airport as changes are made. 2) The Sponsor shall be required to prepare an ALP for update or revalidation in accordance with current FAA and State standard guidelines. The ALP will indicate any deviations from FAA design standards as outlined in current FAA Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 142 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 7 of 22 Advisory Circulars, orders or regulations. A copy of the signed/approved ALP in electronic format shall be forwarded to the State after authentication by FAA or the State. 3) The Sponsor shall assure that there are no changes to the airport property boundaries, together with any off-site areas owned or controlled by the Sponsor which support the Airport or its operations as a part of this project. 4) If a change or alteration is made at the Airport which the State determines adversely affects the safety, utility or efficiency of the Airport, or any State funded property on or off Airport which is not in conformity with the ALP as approved by the State, the Sponsor will, if requested by the State, eliminate such adverse affect in a manner approved by the State. Immediate Vicinity Land Use Restriction The Sponsor shall restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal airport operations and to take appropriate action including the adoption of appropriate zoning laws. In addition, if the Project is for noise compatibility or to protect the 14 CFR Part 77 imaginary surfaces of the Airport, the Sponsor will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures or the imaginary surfaces of the Airport upon which State funds have been expended. Airport Operation 1) The Sponsor shall promote safe airport operations by clearing and protecting the approaches to the Airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. The Sponsor shall take appropriate action to assure such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by preventing the establishment or creation of future airport hazards. The Sponsor shall promptly notify airmen of any condition affecting aeronautical use of the Airport. 2) The Sponsor further agrees to operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other airport facilities. 3) In any agreement, contract, lease or other arrangement under which a right or privilege at the Airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor shall insert and enforce provisions requiring said person, firm or corporation: a) to furnish services on a reasonable and not unjustly discriminatory basis to all users thereof and charge reasonable and not unjustly discriminatory prices for each unit or service; b) and be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers; Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 143 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 8 of 22 c) each Fixed Based Operator (FBO) and Air Carrier at the Airport shall be subject to the same rates, fees, rentals and other charges as are uniformly applicable to all other FBOs and Air Carriers making the same or similar uses of the Airport and utilizing the same or similar facilities; d) each Air Carrier using such Airport shall have the right to service itself or to use any FBO that is authorized or permitted by the Airport to serve any Air Carrier at the Airport. 4) The Sponsor shall not exercise or grant any right or privilege which operates to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees (including but not limited to maintenance, repair and fueling) that it may choose to perform. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by a commercial aeronautical operator authorized by the Sponsor under these provisions. 5) The Sponsor shall suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 6) The Sponsor shall not permit an exclusive right for the use of the Airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, providing services at an Airport by a single FBO shall not be construed as an “exclusive right” if: a) it would be unreasonably costly, burdensome or impractical for more than one FBO; and b) if allowing more than one FBO to provide such services would require a reduction of space leased pursuant to an existing agreement between a single FBO and the Airport. Note: Aeronautical activities that are covered by this paragraph include, but are not limited to: charter flights, pilot training, aircraft rental, sightseeing, air carrier operations, aircraft sales and services, aerial photography, agricultural spraying, aerial advertising and surveying, sale of aviation petroleum products whether or not conducted in conjunction with any other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. 7) The Sponsor shall terminate any exclusive right to conduct an aeronautical activity now existing at the Airport before any grant of assistance from the State. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the Airport is used as an Airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with State funds. 8) Airport Pavement Preservation Program: The Sponsor certifies that they have implemented an effective pavement preservation management program at the Airport in accordance with Public Law 103-305 and with the most current associated FAA policies and guidance for the replacement, reconstruction or maintenance of pavement at the Airport. The Sponsor assures that it shall use and follow this program for the useful life of the pavement constructed, reconstructed or repaired with financial assistance from the State and that it will provide such reports on pavement condition and pavement management programs as may be required by the State. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 144 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 9 of 22 Sponsor Transactions The Sponsor shall refrain from entering into any transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the Sponsor, the Sponsor shall reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants or insure that such an arrangement also requires compliance therewith. Airport Revenues The Sponsor shall maintain a fee and rental structure for the facilities and services at the Airport which will make the Airport as self-sustaining as possible under the circumstances existing at the particular Airport, taking into account such factors as the volume of traffic and economy of collection. All revenues generated by the Airport (and any local taxes established after Dec 30, 1987), will be expended by it for the capital or operating costs of the Airport; the local airport system; or the local facilities which are owned or operated by the owner or operator of the Airport and which are directly or substantially related to the actual air transportation of passengers or property, on or off the Airport. Disposal of Land 1) For land purchased under a grant for airport development purposes (it is needed for aeronautical purposes, including runway protection zones, or serve as noise buffer land; and revenue from the interim use of the land contributed to the financial self-sufficiency of the Airport), the Sponsor shall apply to the State and FAA for permission to dispose of such land. If agreed to by the State and/or FAA, the Sponsor shall dispose of such land at fair market value and make available to the State and FAA an amount that is proportionate to the State and FAA’s share of the cost of the land acquisition. That portion of the proceeds of such disposition, which is proportionate to the share of the cost of acquisition of such land, shall be (a) reinvested in another eligible airport development Project or Projects approved by the State and FAA or (b) be deposited to the Aviation Trust Fund if no eligible Project exists. 2) Disposition of such land shall be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the Airport. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 145 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 10 of 22 EXHIBIT B General Provisions Employment of Consultants The term consultant, as used herein, includes planners, architects and/or engineers. If a consultant is to be used for this Project, the Sponsor agrees to consider at least three (3) consultant firms. If the Sponsor has contracted with or will contract with a consultant on a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at least three (3) consultants were or will be considered. The Sponsor shall submit to the State, for review and approval, a copy of the request for proposals and/or request for qualifications, and the proposed consultant contract prior to its execution and upon award of the contract, a fully executed copy. All requests for qualifications and requests for proposals shall be in accordance with A.R.S. 34, Chapters 1, 2 and 6, and shall include a list of projects and project locations to be awarded project contracts. Contracts 1) The Sponsor as an independent entity and not as an agent of the State may obtain the services required in order to fulfill the work outlined in the Project Description as approved by the State for funding in the Airport Capital Improvement Program. All contracts awarded to accomplish the project work described in this Agreement shall state: a) The name of the consultant authorized to perform the work and to communicate on behalf of the Sponsor; b) The Sponsor must insure that contracts issued under this Agreement comply with the provisions of Arizona Executive Order 75-5 as amended by Arizona Executive Order 2009-9, relating to equal opportunity; c) The terms for termination of the contract either for failure to perform or in the best interest of the Sponsor; d) The duly authorized representatives of the State shall have access to any books, documents, papers and records of the consultant and/or contractor which are in any way pertinent to the contract for a period of five years, in accordance with A.R.S. 35-214, for the purpose of making inspections, audits, examinations, excerpts and transcriptions. 2) All contracts shall stipulate and make clear: a) The responsibilities of the consultant to gain authorization for changes on the Project which may have an affect on the contract price, scope, or schedule; b) That all construction contractors and sub-contractors hired to perform services, shall be in compliance with A.R.S. 32, Chapter 10. c) That any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. That these items shall be made available to the public. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 146 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 11 of 22 d) That any travel shall be reimbursable by the State only within the rules and costs in accordance with the State of Arizona Travel Policy. 3) Liability of Subcontractors 1) It shall be the responsibility of the Sponsor to ensure through contractual agreement that any independent contractor, subcontractors, or sub consultants utilized by the Sponsor, defend, indemnify, save, and hold harmless the State and any of their departments, divisions, agencies, officers, or employees who may be obligated to pay by reason of any liability imposed upon any of the above for damages arising out of any error, negligence, omissions, or act of the independent contractor, subcontractor, or sub consultant. Conflict of Interest Each consultant submitting a proposal shall certify that it shall comply with, in all respects, the rules of professional conduct set forth in Arizona Administrative Code R4-30-301. In addition, a conflict of interest shall be cause for disqualifying a consultant from consideration; or terminating a contract if the conflict should occur after the contract is made. A potential conflict of interest includes, but is not limited to: 1) Accepting an assignment where duty to the client would conflict with the consultant's personal interest, or interest of another client. 2) Performing work for a client or having an interest which conflicts with this contract. Reports 1) Reimbursement Requirements a). The Sponsor shall submit quarterly Grant Reimbursement Requests (GRR’s) to the Aeronautics Grant Manager after the date of the grant agreement has been signed by both Sponsor and State. b). The Sponsor shall prepare quarterly (GRR) forms with the appropriate invoices attached which clearly indicate the project’s progress to date and the amount of reimbursement due by virtue of that progress. All GRR’s for payment shall be for work completed unless otherwise agreed to by State. (i). The State has the right to withhold reimbursement payments if the Sponsor does not fill out the State GRR form correctly. If the State does decide to withhold payments to the Sponsor for any reason, it must provide written notification and an explanation to the Sponsor within ten (10) days of the date of the invoice submitted. c). The State has the right to suspend any current or future grants should the Sponsor neglect to make a grant reimbursement request after 180 days as stated on the Projected Reimbursement Requests / State Cash Flow section of the grant agreement under Exhibit C, Schedule 2. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 147 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 12 of 22 d). An Airport may be awarded a pavement management agreement through the State’s Airport Pavement Management System (APMS Program). Sponsors receiving APMS treatment will be responsible for 10% of the eligible construction cost. Outstanding balances after final costs reconciliation shall be paid to the State upon written notice. Any unpaid balance by the Sponsor can result in suspension of participation in the State’s Airport Pavement Management System and State/Local Grants. 2) The Sponsor shall submit monthly status reports during planning, shall submit monthly status reports during design, and shall submit weekly reports during construction. All reports shall reflect, at a minimum, the progress accomplished in relation to the Grant and Project schedules and milestones, the reasons for any changes, and the recommended corrections of problems encountered. Upon completion of the Project, the Sponsor shall submit a letter to the State specifying that the Project has been completed to their satisfaction and that the consultant and the contractor have completed their contractual responsibilities. Changes Any changes to the consultant contract, authorized by the Sponsor, that include additional funds, time and/or scope, shall be by amendment and shall be approved by the State prior to being made in order to be eligible for reimbursement. Approval of a change by the State shall not obligate the State to provide reimbursement beyond the maximum funds obligated by this Agreement. Any increase to the amount of funds authorized hereunder, to the expiration date of this agreement, or to the scope of work included in this agreement must be by formal amendment, and signed by all parties. Any changes to the contract documents, authorized by the Sponsor, must be approved by the State prior to any changes being made in order to be eligible for reimbursement. Audit Upon completion of the Project, the Sponsor agrees to have an audit performed. The audit examination may be a separate project audit or in accordance with the Single Audit Act of 1984 (Single Audit). If the Sponsor is required under law to have a Single Audit, this Project shall be considered for inclusion in the scope of examination. The Sponsor shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Project supplied by other sources, and such other financial records pertinent to the Project. The accounts and records will be kept in accordance with A.R.S. 35-214. In any case in which an independent audit is made of the accounts of a Sponsor relating to the disposition of the proceeds of a grant relating to the Project in connection with which the grant was given or used, it shall file a certified copied of such audit with the State not later than six (6) months following the close of the fiscal year in which the audit was made. The Sponsor shall make available to the State or any of their other duly authorized representatives, for the purpose of audit and examination, any books, documents, papers and records of the recipient that are pertinent to the grant. The Sponsor further agrees to provide the State a certified copy of the audit report. The State is to determine the acceptability of this audit. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 148 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 13 of 22 Suspension If the Sponsor fails to comply with any conditions of this Agreement, the State, by written notice to the Sponsor, may suspend participation and withhold payments until appropriate corrective action has been taken by the Sponsor. Costs incurred during a period of suspension may not be eligible for reimbursement by the State. Failure to Perform If the Sponsor fails to comply with the conditions of this Agreement the State, may by written notice to the Sponsor, terminate this Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and the eligibility of costs incurred prior to termination. The State shall not reimburse any costs incurred after the date of termination. Termination for Convenience When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder, the State may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. In the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State’s best interest, the State shall have the right of termination as its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. The Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Waiver by State No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a default, failure to perform or to take any other action on account of any violation that continues or repeats. Compliance with Laws The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, ordinances, policies, advisory circulars, and decrees that are applicable to the performance hereunder. Arbitration In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. Section 12-1518. Jurisdiction Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of competent jurisdiction within Maricopa County, State of Arizona. Excess of Payments If it is found that the total payments to the Sponsor exceed the State's share of allowable project costs, the Sponsor shall promptly return the excess to the State. Final determination of the State's share of allowable costs shall rest solely with Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 149 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 14 of 22 the State. Any reimbursement to the Sponsor by the State not in accordance with this Agreement or unsubstantiated by project records will be considered ineligible for reimbursement and shall be returned promptly to the State. State Inspectors At any time and/or prior to final payment of funds for work performed under this Agreement, the State may perform an inspection of the work performed to assure compliance with the terms herein and to review the workmanship of the Sponsor's contractors and/or consultants. No inspector is authorized to change any provisions of this Agreement or any provisions of Agreements between the Sponsor and the Sponsor's contractor and/or consultant. Indemnification The State of Arizona, acting by and through the Arizona Department of Transportation, does not assume any liability to third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting from the performance of this Agreement or any subcontract hereunder. The Sponsor shall indemnify and hold harmless the State, any of their departments, agencies, officers and employees from any and all liability, loss or damage the State may suffer as a result of claims, demands, costs or judgments of any character arising out of the performance or non-performance of the Sponsor or its independent contractors in carrying out any provisions of this Agreement. In the event of any action, this indemnification shall include, but not be limited to, court costs, expenses of litigation and reasonable attorney's fees. Required Provisions Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. Property of the Sponsor and State Any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. The Contractor/Consultant is not entitled to a patent or copyright on these materials and may not transfer the patent or copyright to anyone else. The Sponsor shall give the State unrestricted authority to publish, disclose, distribute and otherwise use at no cost to the State any of the material prepared in connection with this grant. At the completion of the project, the Sponsor shall provide the State with an electronic copy, in a format useable by the State, and one hard copy in a format useable by the State, of final plans, specifications, reports, planning documents, and/or other published materials as produced as a result of this project. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this Agreement, the Sponsor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Sponsor”) agrees to comply with the following non-discrimination statutes and authorities, Including but not limited to: Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 150 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 15 of 22 1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 2) 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation – Effectuation of Title VI of The Civil Rights Act of 1964); 3) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); 4) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5) The Age Discrimination Act of 1957, as amended, (42 U.S. C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs of activities” to include all the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8) Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; 9) The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10) Executive Order 12898, Federal Actions to Address Environmental justice in Minority Populations and Low- Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin, discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12) Title IX of the Education Amendments of 1972, as amended, which prohibits you from discrimination because of sex in education programs or activities (20 U.S.C 1681 et. Seq.). 13) All parties shall comply with all applicable federal, state, county, cities, and local laws, rules, regulations, and assurances in addition to all applicable provisions of Title 14 (Aeronautics and Space Chapter 1 – Federal Aviation Administration, Department of Transportation) and Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 151 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 16 of 22 EXHIBIT C Specific Provisions and Project Schedules Provisions for Design/Construction Financial Cost Categories The Sponsor shall segregate and group project costs in categories as follows: 1) “Design/Engineering Services” (as applicable), including topographic surveys/mapping, geometric design, plans preparation, geotechnical and pavement design, specifications, contract documents. 2) “Construction” (must be accounted for in accordance with approved work items as presented in the bid tabulation). 3) “Construction Engineering” (as applicable), including contract administration, inspection/field engineering, materials testing, construction staking/as-built plans and other. 4) “Sponsor Administration” directly associated with this Project (not to exceed 5% of project costs). 5) “Sponsor Force Account” contribution (if applicable). 6) “Contingencies” (not to exceed 5% of construction costs). 7) “Other” with prior approval of the State. Design Review – Plans, Specifications and Estimates Plans, specifications and estimates shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall conduct a Concept Design Review meeting with the State and Sponsor’s consultant at approximately the thirty percent (30%) completion point in the design of the Project, and a Final Design Review at one hundred percent (100%) plan completion. These mandatory reviews shall be completed before the Sponsor will be permitted to proceed with the Project. The State shall issue an approval to proceed with final design upon satisfactory completion of the 30% review. The State shall issue an approval of the 100% plans, specifications and estimates upon satisfactory completion of the 100% review. Upon State approval, the Sponsor may proceed to advertising if construction is included in the scope of the Project, or must close the Project and submit a final grant reimbursement request if the grant is for design only. Any modification to the approved plans, specifications and estimates authorized by the Sponsor shall also be subject to approval of the State. Changes made to approved plans, specifications, and estimates at any time must be authorized by the State prior to executing the changes in order to be eligible for reimbursement by the State. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 152 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 17 of 22 The National Environmental Policy Act (NEPA) documentation must be complete and approved by the State and/or FAA prior to construction. The Sponsor shall submit a copy of the documentation to the State. FAA Notice of Proposed Construction The Sponsor agrees to submit an FAA Form 7460-1, Notice of Proposed Construction or Alteration before construction, installation or alteration of any Project under this Agreement that falls under the requirements of Subpart B to Part 77, Objects Affecting Navigable Airspace. Bidding - Alternate Bidding Methods Design, Bid, Build is the standard and preferred method for project delivery for State airport development grant projects. Alternative contracting methods (Design Build, Construction Manager at Risk, Task Order Contract) may be used in accordance with A.R.S. Title 34, Chapters 1, 2 and 6. Use of an alternative contracting method shall be reviewed and approved by the State prior to the Sponsor executing a contract for the work. If a project is approved for an alternative contracting method, the Sponsor must comply with all Federal, State, and Local policies, regulations, rules, and laws, as well as all requirements of this grant agreement within that method. Based on Bids If a Sponsor has requested a match to a Federal construction grant that was based on bids (the project was already advertised by the Sponsor with no existing State airport development grant for the design work), then all design coordination with the State required by this agreement must have been met during the design process for any prior design work to be considered eligible for reimbursement by the State. The State shall review any documentation and work done prior to bidding and, at its sole discretion, determine the eligibility of the work. Only work items necessary to complete the Project as stated in Exhibit C, Schedule One, Project Description, may be considered eligible. Contractor Allowance This item may only be used to cover costs of unknown, unforeseen circumstances within the scope of the grant that are necessary for Project completion. (For example: if unknown underground utilities must be removed or relocated to accomplish the Project) This item must have prior approval of the State for each use of the item during construction in order to be eligible for reimbursement by the State. The bid item shall be clearly defined in the contract documents with concise language describing when it may be utilized. It shall also be specified that the item may not be used at all. The allowance may only be used for unforeseen items directly related to the Project. Contingencies Contingencies are to be used as an estimating tool during the preliminary phases of Project development. They are intended to allow room in the grant funding level for reasonable price increases or approved added items during design. Contingencies are not eligible for reimbursement by the State as bid items in a construction contract. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 153 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 18 of 22 Itemized Allowance Use of an itemized allowance items may only be included in a contract with prior approval of the State. Any use of an itemized allowance bid item as part of a grant must be for a clearly defined portion of the project. (For example: cabinet allowance – cabinets in terminal storage room as shown on plans to be selected by Sponsor, or carpet allowance – industrial Berber carpet for 200 SF lobby to be selected by Sponsor) Each contract allowance item must be approved by the State in order to be included in the bid package. The State will not approve use of an item to cover expenses not directly related to the item. (For example: Left over funds from cabinet allowance cannot be used to purchase light fixtures) Construction Inspection Airport planning, design, project estimates, bidding, and construction inspection are the direct responsibility of the Sponsor and may be accomplished by the Sponsor's staff or by a qualified consultant. The Sponsor shall provide and maintain competent technical supervision throughout the Project to assure that the work conforms to the plans, specifications and schedules approved by the State and the Sponsor. Construction inspection shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall subject the construction work and any related documentation on any Project contained in an approved Project application to inspection and approval by the State and the FAA. The State shall, if in accordance with regulations and procedures, prescribe such work as needed for the Project. Change Orders The Sponsor shall notify the State in advance of the need for a change. Such notification shall clearly define the changed or added bid items, the locations of changed work, the quantities and costs of changed work, and the time required for the change. Justification for the change must be provided to the State by the Sponsor. Change orders may be approved by the State only if they are clearly necessary to accomplish the original grant scope. If approval is granted by the State, the Sponsor shall follow up with the written change order for the State’s review and approval in a timely manner. The Sponsor may not request reimbursement for the work done under a change order until the change order is approved by the State. Construction Contract Documents Any changes to the construction contract documents (including scope, time and amount), authorized by the Sponsor, must be approved by the State prior to being implemented by the Sponsor in order to be eligible for reimbursement under the grant. All changes, as well as any notifications and approvals related to the changes, shall be documented in the final contract documents, change orders, and as built plans provided to the State at the end of the contract. Verbal requests and approvals are not sufficient as documentation for reimbursement. Final reimbursements will not be made until all documentation is received by the State. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 154 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 19 of 22 Design/Construction Project Schedules The Schedule Forms are intended to identify and monitor project scope, costs, and basic milestones that will be encountered during various phases of the Project. The Sponsor shall complete these three schedules showing the project description and total costs, project reimbursements (cash flow) schedule and project milestones. Schedule One shows the total Project estimated costs associated with each share - State and Federal and Local. Schedule Two shows a projected cash flow for State funds only. The Sponsor is to estimate requests to the State for Project reimbursement. Schedule Three shows anticipated dates of Project milestones. These schedules will be used to keep track of the Project’s progress. Be sure to develop realistic schedules. As the project progresses, and the original reimbursement schedule and or milestone dates change, the Sponsor must submit a revised Schedule to the State for approval. Schedule One Design/Construction Project Description and Funding Allocation Detailed Project Description: Apron Lighting PAPIs on Runways 12-30 and 3-21 Project Cost Category Total Estimated Project Cost Estimated Local Share Estimated Federal Share Estimated State Share* Design/Engineering Services $ $ $ $ Construction $ $ $ $ Construction Engineering $ $ $ $ Sponsor Administration** $ $ $ $ Sponsor Force Account Work*** $ $ $ $ Contingencies $ $ $ $ Total Project Costs $ $ $ $ *Total of this column to be used in Schedule Two. ** Sponsor Administration is not eligible for reimbursement above 5% of the project costs. *** All force account work is to be approved by the State prior to the grant agreement being signed. NOTE: The Sponsor must attach a project plan based upon the ALP that clearly shows the scope and the limits of the work. 250,000 250,000 25,000 225,000 225,00025,000 Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 155 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 20 of 22 Schedule Two Design/Construction Project Reimbursement Schedule The Sponsor must complete this Project Reimbursement Schedule showing the projected cash flow of State grant funds only for this Project. Projections must include all consultant and contractor services. The reimbursement schedule should be a realistic schedule and will be used to keep track of a project’s progress. Reimbursement requests must be submitted regularly by the Sponsor while the grant is active. The cash flow should reflect when a request is submitted to the State, not when invoices are paid by the Sponsor. Instructions: 1) For “Total State Funds” below, enter the Total Project Costs/Estimated State Share from Schedule One. 2) For each month/year, indicate the projected reimbursement request amount for State Funds Only (use whole dollars only, e.g. $540 or $1,300). 3) Continue the process by entering a Zero (Ø) in the month/year for which no reimbursement is anticipated and/or a dollar amount of the reimbursement, until the total State funds are accounted for in the cash flow. Total State Funds: $225,000.00 Projected Reimbursement Requests / State Cash Flow Calendar Year Jan Feb Mar Apr May Jun 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Calendar Year Jul Aug Sep Oct Nov Dec 2021 $ $ $ $ $ $ 2022 $ $ $ $ $ $ 2023 $ $ $ $ $ $ 2024 $ $ $ $ $ $ 2025 $ $ $ $ $ $ Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 156 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 21 of 22 Grants expire 4 years from the date of the grant offer. The Sponsor shall schedule the work to be completed within the 4 years. Schedule Three Design/Construction Project Milestones Milestone Duration Guidelines The below duration periods are intended to provide guidelines for you to consider. These are average time periods (in calendar days), but it is understood these periods may vary by Sponsor and Project, and are subject to modification. If an entry on the form is not applicable, write N/A. 1) The Consultant Selection Phase for all Projects, regardless of type, is approximately ninety (90) days but should not exceed one hundred eighty (180) days. 2) The Design/Engineering Phase is subject to the type and complexity of the Project, however, most designs can be accomplished within one hundred eighty (180) days to two hundred and seventy (270) days. 3) The Bidding Phase typically should be sixty (60) days or less. 4) The Construction Phase is dependent upon the type of Project, the airport traffic, and the available construction season, generally ninety (90) days to three hundred sixty (360) days. 5) The State review periods should be fifteen (15) days. Design/Construction Milestone Schedule Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 157 of 235 Grant Number E2S2R01C Town of Marana Marana Regional Airport Page 22 of 22 Milestones Duration # of Days Start Date Completion Date Proposed Actual Proposed Actual Consultant Selection Phase Submit Scope for State Review/Approval* Submit Contract for State Review/Approval Award Consultant Contract Design & Engineering Phase Sponsor Issue Notice to Proceed/Start Design Conduct 30% Design Review/Approval Conduct Final Design Review/Bid Set Submitted (100%) for Review/Approval Bidding Phase Bid Set Submitted (100%) for Review/Approval Issue Invitation for Bids Submit Bid Tab for State Review/Approval Award Construction Contract/Submit to the State Construction Phase Pre-Construction Meeting Issue NTP – Begin Construction Final Inspection Submit As-Builts & Final Documentation Submit Final Reimbursement Request and Sponsor Closeout Letter * The solicitation for qualifications and the service agreements must contain a list of projects, including this grant project, per A.R.S. 34-Chapter 6. Exhibit E to Marana Resolution No. 2021-122 Marana Regular Council Meeting 09/07/2021 Page 158 of 235    Council-Regular Meeting   C4        Meeting Date:09/07/2021   To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:September 7, 2021 Strategic Plan Focus Area: Community Subject:Resolution No. 2021-123: Relating to the Police Department; approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide two school resources officers in support of the District's School Safety Program and terminating the service agreement approved by Resolution No. 2020-049 (Libby Shelton) Discussion: In 2014, the Marana Unified School District (MUSD), with the support of the Town, applied for and received funding from the Arizona Department of Education (ADE) to fund School Resource Officer (SRO) positions at Marana Middle School and Marana High School as part of its School Safety Program. The parties entered into a 3-year service agreement regarding the School Resource Officers.  In 2017, the District applied for the same grant, but received funding for only one SRO position. The Town and MUSD entered into a 3-year agreement for this grant-funded position and the SRO was assigned to Marana Middle School. In 2018, the Town and MUSD entered into a two-year agreement to provide an SRO at Marana High School. Without grant-funding for the position, the parties agreed to share the costs of the SRO's compensation during the term of the agreement. In the 2020 grant cycle, MUSD again applied for grant funding from the ADE and received grant funding for one SRO position.  On May 19, 2020 the Town Council adopted Resolution No. 2020-049 authorizing the Mayor to execute a service agreement with MUSD ending June 30, 2023 to provide two school resource officers to MUSD with one SRO funded by the ADE grant funding and the other SRO funded equally by the Town and MUSD.  In 2021, MUSD's grant was reopened and ADE granted additional funding to MUSD toMarana Regular Council Meeting 09/07/2021 Page 159 of 235 In 2021, MUSD's grant was reopened and ADE granted additional funding to MUSD to fund the previously unfunded SRO position for the remainder of the original three-year grant period.  The proposed agreement will assign one grant-funded SRO position to Marana Middle School and one grant-funded SRO position to Marana High School. The agreement will be for two years, ending June 30, 2023.  Additionally, the agreement terminates the service agreement approved by Resolution No. 2020-049. The grant provides for the salary and benefits of the SROs at Marana Middle School and Marana High School for the next two school calendar years. The officer will be on site at the school for 10 months out of each year. During the two summer months, the Town will pick up the expense of the officer and will assign the officer to perform normal patrol officer duties. The intent of the School Safety Program is to place SROs on school grounds to contribute to safe school environments that are conducive to teaching and learning. The SRO will also be required to teach Law-Related Education to the students to promote a safe, orderly environment and good citizenship. Having officers in the schools provides a sense of safety to the students and the staff where they can feel free from the threat of physical harm and verbal abuse. These officers give students an adult to go to with safety concerns all while providing students with a positive view of law enforcement.   Financial Impact: Fiscal Year:2022 Budgeted Y/N:Y Amount:$311,452 Budget capacity was included in the FY2022 budget for one grant funded position, covering most of the salary costs and one additional position under an agreement sharing the salary costs.  This agreement is reducing the costs to the Town as both positions will now be funded by grants which cover the majority of salary costs.  Staff Recommendation: Staff recommends approval of the service agreement and terminating the service agreement approved by Resolution No. 2020-049. Suggested Motion: I move adopt Resolution No. 2021-123, approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide two school resources officers in support of the District's School Safety Program and terminating the service agreement approved by Resolution No. 2020-049. Attachments Resolution 2021-123 Marana Regular Council Meeting 09/07/2021 Page 160 of 235 Exhibit A - Service Agreement Marana Regular Council Meeting 09/07/2021 Page 161 of 235 00076826.DOCX /4 Resolution No. 20 21-123 - 1 - MARANA RESOLUTION NO. 2021-123 RELATING TO THE POLICE DEPARTMENT; APPRO VING AND AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE MARANA UNIFIED SCHOOL DISTR ICT TO PROVIDE TWO SCHOOL RESOURCE OFFICERS IN SUPPORT OF THE DISTR ICT’S SCHOOL SAFETY PROGRAM AND TERMINATING THE SERVICE AGREEMENT APPRO VED BY RESOLUTION NO . 2020-049 WHEREAS the Marana Unified School District (“District”) and the Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952; and WHEREAS the District and the Town desire to work in cooperation with one another to further the goals of the District’s School Safety Program; and WHEREAS in the 2020 grant cycle, the District applied for and received funding from the Arizona Department of Education (ADE) to fund one school resource officer (SRO) position for three years; and WHEREAS on May 19, 2020, the Town Council adopted Resolution No. 2020-049 approving and authorizing the Mayor to execute a service agreement with the District ending June 30, 2023, for the purpose of providing two school resource officers to the District (the “2020 Service Agreement”), with one SRO funded by ADE grant funding, and the other SRO funded equally by the Town and the District; and WHEREAS in 2021, the District's grant was reopened and ADE granted additional funding to the District to fund the previously unfunded SRO position for the remainder of the original three -year grant period ; and WHEREAS the District and the Town desire to enter into a new service agreement that incorporates the new terms of the grant and terminates the 2020 Service Agreement; 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, ARIZONA, AS FOLLOWS: SECTION 1. The service agreement between the Town of Marana and the Marana Unified School District, attached to and incorporated by this reference in this r esolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Marana Regular Council Meeting 09/07/2021 Page 162 of 235 00076826.DOCX /4 Resolution No. 20 21-123 - 2 - 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 agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/07/2021 Page 163 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 1 SERVICE AGREEMENT by and between MARANA UNIFIED SCHOOL DISTRICT NO. 6 and THE TOWN OF MARANA This Service Agreement (“Agreement”) is entered into by and between Marana Unified School District No. 6 (hereinafter known as “District”) and Town of Marana (hereinafter known as “Town”); WHEREAS, the District and the Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -952; and WHEREAS, the District is the recipient of a three-year grant from the Arizona Department of Education to provide one School Resource Officer (“SRO”) at Marana Middle School and one SRO at Marana High School; and WHEREAS, the District and the Town desire to work in cooperation with one another to further the goals of the District’s School Safety Program by providing SROs at Marana Middle School and Marana High School. NOW THEREFORE, in consideration of the mutual agreements set forth, the parties agree as follows: 1. Purpose The purpose of this Agreement is to establish the terms and conditions under which the Town will furnish administrative and other resources , and will provide one SRO at Marana Middle School and one SRO at Marana High School in support of the District’s School Safety Program. In the provision of services under this Agreement, both parties agree to comply with the provisions described in the School Safety Program Guidance Manual up dated July 31, 2017 (“Guidelines”) prepared by the Arizona Department of Education to the maximum extent practicable or required . The objectives of this Agreement are to instill feelings of safety in students and staff in the school environment, to provide a specific adult to address individua l student safety concerns, to engender a positive view of law enforcement personnel, and to provide students with Law-Related Education (“LRE”). 2. Term This Agreement shall commence and be effective on July 1, 20 21, and shall terminate on June 30, 2023 (the “Term”), unless terminated by either party as provided for in this Agreement. Payment, performance and obligations for any fiscal period are subject to the availability and appropriation of monies. The parties agree that the 2020 Service Agreement approved by Marana Town Council Resolution No. 2020-049 is terminated upon signature by all parties to this Service Agreement. Marana Regular Council Meeting 09/07/2021 Page 164 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 2 3. Administrative and School Safety Services A. Duties and Obligations of District 1. The District shall provide a teacher to be present in the classroom, at all times, while the SRO s implement LRE classroom instruction. The teacher and the SRO s shall co-present. 2. The District shall provide a School Administrator who must complete a SRO performance assessment twice a ye ar. The assessment must be shared with the SROs ’ supervisors. 3. The School Administrators, not the SRO s, are responsible for school discipline. The School Administrators shall not interfere with the duties of the SRO s as sworn law enforcement officers. 4. The District shall facilitat e collaboration between the SRO s and other school personnel on school-wide safety strategies such as staff trainings, emergency response planning, needs assessment and prevention programming. 5. The District shall provide time at regular staff mee tings and trainings for the SRO s to deliver LRE instruction relevant to school-wide prevention and safety related updates. 6. The District shall promote the integration of LRE into the classrooms and direct staff development of teachers and SRO s involved in the delivery of LRE. 7. The District shall participate in the selection process of the SRO s. 8. The District shall provide office space that provides privacy for the SRO s. The office shall include the equipment necessary for the SRO s to effectively perform their duties; i.e., telephone, desk, chair, filing cabinet and up-to -date computer and printer. B. Duties and Obligations of Town 1. The Town shall provide two SROs, who will be present and accessible on the school campus to which they are assigned. One SRO shall be assigned to Marana High School and one to Marana Middle School. Except as otherwise required by A.R.S. §23 - 1022 for Workers’ Compensation purposes only (see Paragraph 17 below), the SRO s shall at all times be employees of the Town and not the District. 2. The SROs shall be present for a ten-month, full-time position, at 40 hours per week. The ten-month period shall be defined as the District’s school year for each of the school years occurring during the term of this Agreement. Absent an emergency, the SRO s shall not be called away from their designated schools. If the SRO s are called away Marana Regular Council Meeting 09/07/2021 Page 165 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 3 for police business (not including mandatory training, meetings or crisis), the District shall not be invoiced for that time. If the SROs are absent due to sick, vacation, personal or other leave, the District shall not be invoiced for that time. 3. The SRO s must teach, have positive interactions with students, and serve as active members of the school community. 4. The SROs must provide 180 hours of LRE instruction per year. The LRE instruction requirement must include: • At least 80 hours of LRE classroom instruction to ongoing cohort groups of students i. Three to five classrooms, six sessions per classroom, within one quarter to the same group of students • At least 100 hours of universal LRE instruction i. 60 hours or more of universal LRE classroom instruction ii. Up to 20 hours for LRE planning and preparation iii. Up to 20 hours for LRE instruction to school staff and school community 5. The SROs shall keep a weekly activity log that tracks LRE instruction hours, teacher and subject or staff/community group, the topic of each LRE lesson, and the time the officer is off campus during duty hours, regardless of the reason. 6. The Town shall use its best efforts to maintain the same SRO s at each site during the Term of this Agreement. Under no circumstances can either site have more than three different SROs during the Term. 7. It may be necessary to request the assistance of an SRO to respond to a community situation/problem or traffic accident. When the SRO is off campus on business that does not pertain to the school, those hours should be prorated and not paid fo r by the District. The invoice from the Town should reflect only hours the SRO actually was involved in school business. 8. The SROs shall serve as members of the School Safety Assessment and Prevention Team. 9. The SRO s shall utilize expertise and agency resources for intervention and prevention of potential crime. 10. The SROs shall collaborate with school personnel on school-wide safety strategies (e.g., staff trainings, emergency response planning, needs assessment and prevention programming). 11. The SROs shall build relationships with students, parents and staff that promote a positive image of law enforcement. Marana Regular Council Meeting 09/07/2021 Page 166 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 4 12. The SRO s shall fulfill their duties as sworn law enforcement officers of the State of Arizona. 13. If required, the SROs and their supervisors shall attend annual training provided by the Arizona Department of Education at the beginning of each school year. C. Joint Duties and Obligations 1. The SROs’ supervisors and School Administrator shall support, oversee and review the SROs’ activity logs to ensure fulfillment of this Agreement. 2. The SROs’ supervisors and School Administrator shall meet formally at least once per semester. 3. The School Administrator shall take the lead on school policy violations and will determine when to involve the SRO s when a student’s conduct violates a law. 4. As partners in school safety, the SROs and administrators shall work together to develop procedures for ongoing communication to ensure timely, uniform and appropriate reporting of criminal activities. The parties shall develop and maintain a written document describing the general chain of command and channels of communication 5. The parties shall follow the following guidelines as set forth in the School Safety Program Guidelines to the maximum extent practicable : a. SRO Recommended Qualifications and Recommended Job Description b. The Hiring Process c. Officer Training d. The Appeal Procedure e. Performance Evaluation D. Compensation. In exchange for the Town’s provision of the SRO s and related services, District will pay to the Town during each ten-month school year during the Term of this Agreement the following amounts: 1. The full cost of the SRO’s monthly compensation for the SRO assigned to Marana Middle School. 2. The full cost of the SRO ’s monthly compensation for the SRO assigned to Marana High School. The SROs’ compensation shall be established by the Town. The Town shall submit invoices to District on a monthly basis and the invoices shall be payable within 30 days after receipt of the Marana Regular Council Meeting 09/07/2021 Page 167 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 5 Town’s invoice. Amounts outstanding after 30 days following invoice dates will be subject to a 10% late fee. E. Student Information. The confidentiality of personally identifiable education records of District students is protected and regulated by a federal law known as the Family Educational Rights and Privacy Act of 1974 (“FERPA”). The District, SROs and Town agree that any disclosure and/or re-disclosure of student educational records shall occur in c ompliance with FERPA. F. Confidential Information. If as a result of this Agreement the Town’s administrative staff and/or the SROs are provided access to confidential information pertaining to District employees, Town administrative staff and SRO s agree that they will not disclose such confidential information to any person not preauthorized by District. For purposes of this section, confidential information does not include (a) information that is known to Town on the date of this agreement, (b) information that is in or enters the public domain through no fault of Town or its representatives or agents, or (c) information that is made known to Town on a non-confidential basis from an unsolicited source (other than the District) provided Town has no reason to know or believe that such source obtained the information improperly or is bound by an agreement not to disclose the information. G. Ownership of Equipment. Any equipment provided by Town shall remain the property of Town and any equipment provided by District shall remain the property of District. 4. Reporting and Records All books, accounts, reports, files and other records relating to this Agreement shall b e kept for five years after termination of this Agreement. 5. Termination, Extension and Modification A. Termination. This Agreement may be terminated by either party if in its judgment such action is necessary due to: i. funding unavailability ii. either party’s non-compliance with the Agreement Any termination must be in writing, stating the reason therefor e, be sent certified mail and upon 30 days’ notice to the other party. 6. Cancellation for Conflict of Interest The Parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. §38-511, the provisions of which are incorporated herein and made a part hereof. 7. Non-Discrimination Marana Regular Council Meeting 09/07/2021 Page 168 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 6 The parties shall comply with Executive Order 99 -4 and all other applicable State and Federal Employment laws, rules and regulations, mandating that all persons shall have equal access to employment opportunities, and that no person shall be discriminated against due to race, creed, color, religion, sex, national o rigin or disability. 8. Insurance Town and District each represent and warrant to the other that it shall at all times retain insurance coverage in compliance with State laws and shall name the other party as an additional insured. 9. Employees Except as otherwise provided by law, in the performance of this Agreement both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers or associates of each other. The e mployees, agents or subcontractors of one party shall not be deemed or construed to be employees or agents of the other party. 10. Mutual Indemnification To the fullest extent permitted by law, each party (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other party, its officers, officials, employees, agents, volunteers, successors, and assigns (as “Indemnitees”) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as “claims,” arising out of bodily injury to any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, volunteers, successor, or assigns, provided, however, that the Indemnitor shall have no obligation to indemnify the Indemnitee for the Indemnitee's pa ssive negligence. 11. Applicable Law This Agreement shall be governed and interpreted by the laws of the State of Arizona, and in the event a conflict exists between this Agreement and the laws of the State of Arizona, the laws of the State of Arizona shall control. Any reference to a particular statute in this agreement shall also refer to that statute as amended in the future. 12. Dispute Resolution Neither party may file a claim against the other without first participating in good faith in mediation with a trained and impartial mediator. The parties shall share the expenses of mediation, except that shared expenses shall not include the cost incurred by a party for representation by an attorney at the mediations, if such representation is desired . If the dispute is not resolved by mediation or negotiation, a claim may be brought by either party in Arizona Superior Court, Pima County. Marana Regular Council Meeting 09/07/2021 Page 169 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 7 13. Notice Any notice required or permitted under the terms of this Agreement shall be deemed given or served if sent by certified mail, return receipt requested, postage prepaid to: MARANA UNIFIED SCHOOL TOWN OF MARANA DISTRICT NO. 6 Attn: Superintendent Attn: Town Manager 11279 W. Grier Road 11555 W. Civic Center Drive Marana AZ 85653 Marana AZ 85653 14. Counterparts This Service Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same Agreement. 15. E-Verify, Records and Audits To the extent applicable under A.R.S. §41-4401, the parties warrant their compliance with all federal and immigration laws and regulations that relate to their employees and compliance with the E-Verify requirements under A.R.S. § 23 -214(A). A party’s breach of the above- me ntioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by either party under the terms of the Agreement. The parties each retain the legal right to randomly inspect the papers and records of the other party to ensure that the other party is complying with the above-mentioned warranty. The parties warrant to keep their respective papers and records open for random inspection during normal business hours by the other party. The parties shall cooperate with the other party’s random inspections, including granting the inspecting party entry rights onto their respective properties to perform the random inspection and waiving their respective rights to keep such papers and records confidential. 16. Amendments To the extent permitted by law, the Parties may amend this Agreement in writing signed by both Parties. 17. Workers’ Compensation For purposes of Workers' Compensation, an employee of a party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another party pursuant to this specific Agreement, is deemed to be an employee of both parties as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be s olely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each party shall comply with the notice provisions of A.R.S. § 23 -1022(E). Marana Regular Council Meeting 09/07/2021 Page 170 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 8 [Signature page follows] Marana Regular Council Meeting 09/07/2021 Page 171 of 235 Exhibit A to Marana Resolution No. 2021-123 00076755.DOCX /1SERVICE A GREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF M ARANA 9 IN WITNESS HEREOF, the parties sign this Agreement: Dated this ____ day of ____________, 2021, upon resolution of the Marana Unified School District No. 6 Governing Board approving this Agreement and authorizing its Superintendent to sign below: MARANA UNIFIED SCHOOL DISTRICT NO . 6 By: _______________________________ Superintendent Attorney approval: This Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and is within the powers and authority granted under the laws o f the State of Arizona to the Marana Unified School District. By: _______________________________ Legal Counsel for the Marana Unified School District Dated this _____ day of ___________, 2021, upon resolution of the Town Council of the Town of Marana approving this Agreement and authorizing its Mayor to sign below: TOWN OF MARANA By: ________________________________ Mayor Attorney approval: This Agreement has been reviewed by the undersigned attorney, 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 Town of Marana. By: ________________________________ Legal Counsel for the Town of Marana Marana Regular Council Meeting 09/07/2021 Page 172 of 235    Council-Regular Meeting   C5        Meeting Date:09/07/2021   To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:September 7, 2021 Strategic Plan Focus Area: Community Subject:Resolution No. 2021-124:Relating to the Police Department; approving and authorizing the Chief of Police to execute the Intergovernmental Agreement Regarding Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) State Gang Task Force between the Town of Marana Police Department and the State of Arizona through its Department of Public Safety (AZDPS); rescinding Resolution No. 2021-029 (Libby Shelton) Discussion: The Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) is a statewide multi-agency task force led by the Arizona Department of Public Safety Gang Enforcement Bureau.  The mission of the Arizona State Gang Task Force is, in collaboration with citizens, partnered agencies and intelligence resources, to suppress criminal gangs and transnational crime.   GIITEM’s unique approach brings together law enforcement from municipal, county, state, and federal jurisdictions in a coordinated, intelligence-driven approach to deal with gangs and violent human smuggling organizations on a large scale. Traditionally, Arizona agencies addressed the gang and illegal immigration problem individually rather than collectively.  This separate approach resulted in displacement rather than focused and directed enforcement efforts and identification.  The primary benefit of the GIITEM task force is the combined resolution of the involved agencies and citizens, who ultimately are the recipients of the project’s services, to cripple gangs and human smuggling organizations in the state rather than displacing these problems into adjoining jurisdictions. On March 16, 2021, the Town Council adopted Resolution No. 2021-029 approving andMarana Regular Council Meeting 09/07/2021 Page 173 of 235 On March 16, 2021, the Town Council adopted Resolution No. 2021-029 approving and authorizing the Chief of Police to execute an Intergovernmental Agreement (IGA) regarding the GIITEM State Gang Task Force between the Marana Police Department and the State of Arizona through AZDPS (the "GIITEM IGA").  Subsequent to the Town Council's approval of the GIITEM IGA, the State of Arizona revised the GIITEM IGA and requested that the Town execute this revised version of the IGA.  This version of the IGA is substantially the same as the previous version and there were no changes to the number of positions covered or costs. By signing this agreement, Marana Police Department agrees to assign up to two sworn law enforcement officers to GIITEM.  DPS will reimburse the Marana Police Department on a monthly basis for 75% of the payroll expenses related to the assignment and will assign a DPS vehicle to the Marana Department officer(s).  At this time, Marana Police Department will assign two law enforcement officers to GIITEM.  The duration of the IGA shall be through June 30, 2022 and shall renew annually for a period of time not to exceed four years.     Financial Impact: Budget capacity exists in Grant fund 2015 to cover the grant funded portion of this agreement, with the remainder to be paid from existing capacity from the General Fund. The exact amount will be determined based on the number and salary of those officers participating as well as the duration of their participation in this program during the course of the agreement. Staff Recommendation: Staff recommends adoption of Resolution No. 2021-124 authorizing the Police Chief to execute the Intergovernmental Agreement Regarding Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) State Gang Task Force. Suggested Motion: I move to adopt Resolution 2021-124, rescinding Resolution 2021-029, authorizing the Police Chief to execute the Intergovernmental Agreement Regarding Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) State Gang Task Force. Attachments Resolution 2021-124 Exhibit A - Intergovernmental Agreement Marana Regular Council Meeting 09/07/2021 Page 174 of 235 - 1 - 00077017.DOCX /3 Resolution No. 2021 -124 MARANA RESOLUTION NO. 202 1-124 RELATING TO POLICE DEPARTMENT ; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT RE- GARDING GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION (GIITEM) STATE GANG TASK FORCE BETWEEN THE TOWN OF MARANA POLICE DEPARTMENT AND THE STATE OF AR IZONA THROUGH ITS DE PART- MENT OF PUBLIC SAFETY (AZDPS); RESCINDING RESOLUTION NO. 2021-029 WHEREAS the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) is a statewide multi -agency task force led by the Arizona Department of Public Safety (AZ DPS) Gang Enforcement Bureau ; and WHEREAS the mission of GIITEM is, in collaboration with citizens, partnered agencies and intelligence resources, to suppress criminal gangs and transnational crime ; and WHEREAS the Town of Marana, through its Police Department , seeks to partici- pate in GIITEM and to receive reimbursement from AZDPS for its participation; and WHEREAS on March 16, 2021, the Town Council adopted Resolution No. 2021- 029 approving and authorizing the Chief of Police to execute an Intergovernmental Agreement Regarding GIITEM State Gang Task Force between the Town of Marana Po- lice Department and the State of Arizona through the AZDPS (the “GIITEM IGA” or “IGA”); and WHEREAS subsequent to the Town Council’s approval of the GIITEM IGA, the State of Arizona revised the IGA and requested that the Town execute this revised ver- sion of the IGA; and WHEREAS A.R.S. §11-952 authorizes the Town to enter into this intergovernmen- tal agreement; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the Intergovernmental Agreement regarding Marana Regular Council Meeting 09/07/2021 Page 175 of 235 - 2 - 00077017.DOCX /3 Resolution No. 2021 -124 Gang and Immigration Intelligence Team Enforcement Mission between the Arizona De- partment of Public Safety and the Marana Police Department, attached to and incorpo- rated within this resolution as Exhibit A, authorizing the Chief of Police to execute it for and on behalf of the Town of Marana, and rescinding Resolution No. 2021 -029 approving a previous version of the GIITEM IGA. 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, Ar- izona, this 7th day of September 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/07/2021 Page 176 of 235 Exhibit A to Marana Resolution No. 2021-124 Page 1 of 4Marana Regular Council Meeting 09/07/2021 Page 177 of 235 Exhibit A to Marana Resolution No. 2021-124 Marana Regular Council Meeting 09/07/2021 Page 178 of 235 Exhibit A to Marana Resolution No. 2021-124 Marana Regular Council Meeting 09/07/2021 Page 179 of 235 Exhibit A to Marana Resolution No. 2021-124 Marana Regular Council Meeting 09/07/2021 Page 180 of 235      Council-Regular Meeting   C6        Meeting Date:09/07/2021   To:Mayor and Council From:Cherry L. Lawson, Town Clerk Date:September 7, 2021 Subject:Approval of the Regular Council Meeting Summary Minutes of August 17, 2021, and the Council Study Session Meeting Summary Minutes of August 24, 2021 (Cherry L. Lawson) Attachments Regular Council Meeting Summary Minutes, 08/17/2021 Council Study Session Meeting Summary Minutes, 08/24/2021 Marana Regular Council Meeting 09/07/2021 Page 181 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 1 | P a g e MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers August 17, 2021, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler, John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post, moved and Council Member Kai second the motion approving the agenda as presented. Motion passes, 7-0. CALL TO THE PUBLIC Mayor Honea open the meeting to receive public comments. There were no comments offered by the public. Marana Regular Council Meeting 09/07/2021 Page 182 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 2 | P a g e PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea commented on his vacation as well as the fires in the Reno, Nevada area. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Rozema reported on the following: • Executive Report is available and is posted to the Town’s website • Development Services issued 39 single -family housing permits • Census numbers have placed Marana over 51,908 population total • Provided an update on the Multigenerational Community Center • Marana has added new employees in various departments, and a few notable employees who are leaving the organization. • Monsoon season has created some damage, but has credited the Town’s staff: Public Works, Parks & Recreation, and Public Safety who has done an outstanding job in keeping our roads open, and our citizens safe. • Town hosted another community meeting to discuss the half -cent sales tax with another meeting scheduled for September 9 at the Dove Mountain C -Stem School. To date, the response from the public has been very positive . • The news has reported that folks at the CAP has announced that a tier one shortage • Marana Police had a ceremony that recognized Town employee, Alex Villa who worked swiftly to save the life of a young man, as well as recognizing the landscaper (Daniel) who unfortunately died during the bee attack. PRESENTATIONS P1 Relating to Intergovernmental Relations; presentation on the results and activities of the 55th Arizona State Legislative Regular and Special Sessions, including a look forward to the upcoming Arizona State Legislative Session (Heath Vescovi -Chiordi) Assistant to the Town Manager Heath Vescovi-Chiordi introduced Julie Rees and Lourdes Pena from TriAdvocates to provide a recap of the most recent Arizona State Legislature Session, as well as discussed the upcoming session. (TriAdvocates PowerPoint Presentation is on file in the Town Clerk’s Office for review.) P2 Relating to Development; presentation of the Town of Marana Development Activity Annual Report Fiscal Year 2021 (Jason Angell) Marana Regular Council Meeting 09/07/2021 Page 183 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 3 | P a g e Development Services Director Jason Angell stated the annual report is available on line and contains highlights activities that occurred in Fiscal Year 2021 with summaries of new projects staff is reviewing for this fiscal year. P3 Relating to Finance; presentation of the Town's Fiscal Y ear 2020-2021 Fourth Quarter Investment Report and report regarding compliance with the Town's Investment Policy (Yiannis Kalaitzidis) Finance Director Yiannis Kalaitzidis provided a PowerPoint Presentation overview of the Town’s Investment Policy that was revised, and approved by the Town Council in October 2019. He explained the parameters within which funds are to be managed, the methods, procedures and practices used to create the framework for the Town’s investment activities. All to ensure the effective and judicious fiscal and investment management of the Town’s funds. The policy’s primary objectives of investment activities are safety, liquidity and yield, with investments managed with prudence and care, in an ethical manner, by the Finance Director under the direction of the Town Manager in accordance with the Town’s policy and Arizona Revised Statutes. The policy also provides for the regular reporting of the Town’s investment portfolio and return on a quarterly and annual basis. Town staf f coordinated with the Towns investment advisor, PFM, to present a short, easy to read report that provides a summary of the Town’s investment portfolio, including the portfolio’s compliance of the investment program with the Town’s policy. CONSENT AGENDA C1 Ordinance No. 2021.013: Relating to Development; approving the final plat for Summerstone Lots 1 through 150, and Common Areas “B” - Drainage /Detention Basin, “C”- Utility Access, and “D”- Recreation, Landscape, and Bufferyards, and Blocks 1-3, located south and west of Coachline Boulevard, north of Twin Peaks Road, and east of Silverbell Road; approving an exchange of Town-owned APN 226-05-149B for Block 1 dedicated by the final plat; approving an exchange of a 2 0-foot drainageway for all public rights-of-way, public easements, and drainage easements as shown on the Summerstone plat; and authorizing the Mayor to sign a special warranty deed and a quit claim deed for the exchanges, to be recorded in the Pima County Recorder’s office immediately prior to the recording of the final plat (Brian D. Varney) C2 Resolution No. 2021-117: Relating to Budget; approving the transfer of $371,374 in budgeted expenditure authority for all special events functions from th e General Fund Town Manager’s office to the Parks and Recreation department, in the fiscal year 2021 - 2022 budget (Yiannis Kalaitzidis) Marana Regular Council Meeting 09/07/2021 Page 184 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 4 | P a g e C3 Ordinance No. 2021.014: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to delete development services fees for significant land use changes and construction trailers and to delete descriptions to the fees for preliminary plat and final plat and add a description to pools and spas; permit fee using model engineering; and declaring an e mergency (Yiannis Kalaitzidis) C4 Resolution No. 2021-118: Relating to Economic Development; designating the Town of Marana as the official Destination Marking Organization (DMO) for the Town for the purpose of coordinating tourism promotion with the Arizona Office of Tourism (AOT) for fiscal year 2022 (Laura Cortelyou) C5 Approval of the Regular Council Meeting Summary Minutes of August 3, 2021, and the Council Study Session Meeting Summary Minutes of August 10, 2021 (Cherry L. Lawson) Council Member Ziegler moved and Vice Mayor Post second the motion approving the Consent Agenda as presented. Motion passes unanimously 7-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2021.015 ; Relating to Development; approving a rezoning of approximately 34 acres of land located east of Camino de Oeste and north of Tangerine Road from R -144 (Residential) to R -7 (Residential); and approving a minor amendment to the Marana General Plan land use designation from Low -Density Residential (LDR) to Traditional Neighborhood (TN) (Brian D. Varney) [6:47 PM Minutes:] Mayor Honea open the meeting to public testimony. Senior Planner Brian Varney provided an overview of the application request from Paradigm Land Design, LLC who are requesting approval to rezone approximately 34 acres of land from R -144 (Residential) to R -7 (Residential). (A copy of the council memo is available on the Town’s website for viewing.) Mr. Varney stated this is a discretionary item for the Town Council to consider. Should the Town Council wish to approve this item, staff recommends the approval be subject to the conditions set forth in the draft ordinance. Additionally , the Planning Commission considered this item during its meeting on July 28, 2021, and voted unanimously 5-0 to recommend to the Town Council for its consideration of the requested rezoning. Marana Regular Council Meeting 09/07/2021 Page 185 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 5 | P a g e Paul Oland, Paradigm Land Design , LLC provided a brief overview of the project requesting Council’s approval of the rezoning. Council Member Craig stated she likes the design of this project, however asked whether the homes slated for this project can all be single -story homes to ensure all homes blend into the land scape of the Dove Mountain area. Mr. Oland replied stating no more than half of the homes will be single story. The homebuilders will sell homes that people want to buy. Council Member Ziegler stated she appreciates the comments from Council Member Craig; however, the town is not into the homebuilding business. She thinks this project will be okay in that area of town. However, want to ensure the town remains competitive with its housing. Council Member Kai inquired as to the Camino de Oeste Rental Homes project in the community. Mr. Oland stated that project is not one of his, but that those homes appear to be single-story and the trade -off is the density. Council Member Comerford thanked Mr. Oland for the concessions of the open space. [7:02 PM Minutes:] Mayor Honea closed the public hearing. Council Member Kai moved and Council Member Ziegler second the motion to adopt Ordinance No. 2021.015, approving the Camino de Oeste rezoning and a minor amendment to the Marana General Plan, subject to the recommended conditions. Motion passes, 6-1 (Nay-Council Member Craig). A2 PUBLIC HEARING: O rdinance No. 2021.016: Relating to Development, approving a rezoning of approximately 49 acres of land located approximately one - quarter mile south of Ina Road, west of Silverbell Road, from R -16 (Residential) to R -6 (Residential) (Cynthia Ross) [7:03 PM Minutes:] Mayor Honea opened the public hearing to receive public testimony on this item. Senior Planner Cynthia Ross provided an overview of the application request from C & C Construction Co., Inc. requesting the Town Council to approve the rezoning of approximately 49 acres of land from R -16 (Residential) to R -6 (Residential) for the purpose of creating Silverbell Rid ge, a 57-lot residential clustered development. (A copy of the council memo is available on the Town’s website for viewing.) Ms. Ross stated this is a discretionary item for the Town Council to consider. That should the Council wish to approve this item; staff recommends the approval be subject to the Marana Regular Council Meeting 09/07/2021 Page 186 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 6 | P a g e conditions set forth in the draft ordinance. Additionally, the Planning Commission has considered this application request during its meeting on July 28, 2021, and voted 5 -0 unanimously to recommend approval to the Town Council. Brian Underwood of The Planning Center provided a presentation overview of the project, the property owners notified of the project and those who were impacted from the 2002 rezoning; and the request of Council to approve the rezonin g application. Council Member Ziegler inquired of the location of the project. Council Member Craig thanked Mr. Underwood and The Planning Center for working closely with the neighbors to accommodate them, as well as with the Coalition. Council Member C omerford commended The Planning Center on the 31 conditions as well as their work and efforts on this project. The following individuals provided public testimony on this item. F. Gust a resident of the Bridle Way community on the west side of the proposed development. He commented on the acreage of the homes in the area, and stated the residents are not happy with the proposed development. This project comes as a complete surprise to him. Most neighbors are adamantly opposed to t he development. Pam Gaiser provided some context to the past rezoning that no resident in that area wanted. She commented on one of the conditions related to mass grading of the area. She asked why the change in rezoning from an R -16 to R -6, and is Marana going to participate in a bait-and switch? She asked who would monitor this project to ensure that there will be no further changes to the number of housing proposed on the site. Amanda Comeau expressed concerns over the rezoning of the project, and aske d Council to reconsider the request to rezone the property for the proposed project. Carolyn Campbell representing the Coalition for Sonoran Desert Protection. She provided an overview of the mission of the Coalition, as well as having worked with Mr. Underwood on several conditions related to the project. The Coalition supports the project. Gayle Shemesh resident on Bridle Way, expressed concern over the development of the proposed project. She would like to maintain the natural beauty of the area, as well as the impact to the area, lights and noise that come with the development. The area needs to be preserved for the lifestyle that the current residents have. Chuck Dugan resident of Bridle Wood West expressed opposition to the project. He stated that the people who live in that neighborhood are responsible people who have Marana Regular Council Meeting 09/07/2021 Page 187 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 7 | P a g e built a community in that area. He questioned the zoning recommendations adding that these were the Council’s promises and commitments to ensure that [we] who have lived in that community for decades, while supporting Council and the community would honor the residents desire to live with that lifestyle. Council Member Ziegler commented the citizen has alleged asking Mr. Dugan where does that language exist whereby the Council promised what. Council Member Ziegler stated that any person has the right to purchase the land and request a rezoning. [7:38 PM Minutes:] Mayor Honea closed the public hearing. Mayor Honea asked who would be responsible for cutting the non -native species vegetation. He asked whether that belongs to the HOA. Mr. Underwood stated it would be the HOA responsibility and the environmental organization for upholding the conservation easement. Council Member Ziegler questioned the third party monitoring group as mentioned by Carolyn Campbell, as well as their responsibilities. Mr. Underwood stated the third party environmental group will be an environmental organization core responsibilities is to protect open space lands. Council Member Ziegler moved and Council Member Comerford second the motion to adopt Ordinance No. 2021.016 approving the Silverbell Ridge Rezoning subject to the recommended condition s. Motion passes unanimously, 7-0. A3 PUBLIC HEARING: Ordinance No. 2021.017: Relating to Development; approving a rezoning of approximately 97.4 acres of land generally located southeast of North Sanders Road and south of West Barnett Road from R -6 (Residential) to R -4 (Residential) (Ani ta McNamara) [7:44 PM Minutes:] Mayor Honea opened the public hearing to receive testimony on this item. Long-Range Planner Anita McNamara provided an overview of the application from Paradigm Land Design, LLC who is representing the owner, Tucson Farm s, LLC in its request to rezone the subject property currently known as Payson Farms subdivision, from R-6 (Residential) to R -4 (Residential). The existing residential development consists of +97.4-acres located at the southeast corner of the intersection Sanders Road and Barnett Road and is platted with 367 lots. The proposed rezoning will permit a slightly higher density residential subdivision with 457 homes. The southeast portion of Remington Ranch adjacent to existing homes in Rancho Marana and Fianchetto Farms subdivisions will retain its existing 6,000 square -foot minimum lot size to ensure compatibility with Marana Regular Council Meeting 09/07/2021 Page 188 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 8 | P a g e existing neighbors to the south and the remaining lots will vary in size from 4,600 to 5,400 square feet. Ms. McNamara stated this is a discretionary item for the Town Council to consider. That should the Council wish to approve this item staff recommends the approval be subject to the conditions set forth in the draft ordinance. Addition ally, the Planning Commission has considered this application during its meeting on July 28, 2021, and voted unanimously, 5-0 to recommend approval to the Council. Mayor Honea expressed concern with the rezoning of this project going from an R -6 to an R-4. The Fianchetto to the south of this proposed project is approximately R -6.5; the Rancho Marana Solara projects the Meritage projects to the east are all 6,000. This property was purchased with R -6 on it. In his opinion, the property should stay that way. He does not see the benefit of going to a smaller lot size in an effort to add an additional 100 homes on the site. Council Member Ziegler stated she concurs with Mayor Honea. Mr. Oland of Paradigm Land Design stated the land site was approved for 300 homes commenting on the site design map. They have looked at what is around the site and have in terms of lot sizes and approved lot sizes, and have adjusted parts of this plan to react to market demand while pres erving open spaces. Council Member Craig asked whether there is a development for this project. Mr. Oland stated there is not one at this time. Council Member Ziegler asked who the applicant is on this property. Mr. Oland stated it is Remington Nevada. Council Member Ziegler asked the location of Remington Nevada and the nature of its business. Mr. Oland stated Remington Nevada is an investment group located in Nevada. Council Member Ziegler asked whether Remington Nevada has visited the area. Mr. Oland stated that they have and like the area, and people want to move to Marana; that is why Remington Nevada like the site. [7:54 PM Minutes] Mayor Honea closed the public hearing. Mayor Honea moved and Council Member Kai second the motion to deny the adoption of Ordinance No. 2021.017. Mayor Honea requested a roll call of the Council. Ayes: Mayor Honea, Vice Mayor Post, Council Members Craig, Comerford, Kai, Ziegler and Officer. Nays: None. Motion passes unanimously, 7-0. Marana Regular Council Meeting 09/07/2021 Page 189 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 9 | P a g e A4 PUBLIC HEARING: Ordinance No. 2021.018: Relating to Development; approving a rezoning of approximately 281 acres of land located along the west side of Interstate 10 approximately 575 feet northwest of the Tangerine Road and Interstate 10 interchange, from F-Specific Plan: Shops at Tangerine & 1 -10 Motorplex Specific Plan to SP -Specific Plan: Crossroads at Gladden Specific Plan (Cynthia Ross) Resolution No. 2021-119: Relating to Development; declaring as a public record filed with the Town Clerk the Crossroads at Gladden Specific Plan adopted by Ordinance No. 2021.018 (Cynthia Ross) [7:56 PM Minutes:] Mayor Honea opened the public hearing to receive testimony on this item. Ms. Ross provided an overview of the application from Westcor Marana, LLC requesting approval of a rezoning of approximately 281 acres of land from F -Specific Plan: Shops at Tangerine & I-10 Motorplex Specific Plan to SP -Specific Plan: Crossroads at Gladden Specific Plan for the purpose of establishing th e Crossroads at Gladden Specific Plan, a master-planned development that allows for a variety of residential commercial, office and commerce park land uses. This rezoning request will replace the current Shops at Tangerine & I -10 Motorplex Specific Plan entitlements, which allow for an auto mall and regional retail center, with a new set of development regulations and standards that allow for mix of transitional, commercial and commerce parkland uses. Ms. Ross stated this is a discretionary item for the Town Council to consider. That should the Council wish to approve this item staff recommends the approval be subject to the conditions set forth in the draft ordinance. The Planning Commission has considered this item during its meeting on July 28, 2021 a nd voted unanimously 5-0 to recommend approval of the rezoning to the Council subject to the recommended conditions ; and with an additional recommended condition requiring that building heights in the Rezoning Area must be graduated, from lower heights to higher heights from west to east, from Clark Farms Boulevard east to Interstate 10. The condition recommended by the Planning Commission is added as condition #21 on the proposed ordinance. Town Attorney Jane Fairall provided clarification on the last slide that it indicate a maximum amount of residential units in the TR zone. There is no condition as of now in the zoning ordinance or the specific plan, and restricts the number of residential units. The Specific Plan states at maximum build out, that would be the maximum number of residential units. There are no restrictions within the ordinance or the Specific Plan. Lexy Wellott of The Planning Center provided an overview of the application requesting to rezone 281-acre site. It is immediately adjacent to Gladden Farms and will be Marana Regular Council Meeting 09/07/2021 Page 190 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 10 | P a g e developed by the Crown West, who is the same master developer responsible for Gladden Farms. Vice Mayor Post asked whether the condition meets the needs of the plans for this property. Ms. Wellott replied asking whether Vice Mayor Post is referring to the height of the buildings, to which she replied yes. She commented on the condition recommended by the Planning Commission stating that it did not have enough teeth to it. That it suggested height shall be on the west side of their property. As the buildings move to the east, the height can go up. Ms. Wellott stated they would like to re quest a revision to that condition to ensure that it does add some substance to the project residential and commercial for the anticipated user. She suggested a condition stating they would like to revise Condition 21 recommended by the Planning Commission, but rather to revise Condition 21 to state Building heights and the transitional and commercial land use designation shall require a minimum 1:1 ratio of building height to building setback from C lark Farms as it moves towards the interstate. Council Member Craig asked whether there would be an opportunity to have a mixed - use area, such as apartments, townhouses and restaurants. Ms. Welottl replied stating that is the goal of creating this trans itional land. Council Member Craig stated the owner proposed suggested recommendation would interfere with the project leading to restrictions. She would not be in favor of the revised condition. Council Member Comerford stated she likes the project; however, would like to see the commercial part of the project transition towards the freeway. Also, not have residential homes near the freeway. Mayor Honea stated he is concern with the high density residential, as it may not be completed —having small lots on this property. No comments offered by the public during the public hearing on this item. [8:08PM Minutes:] Mayor Honea closed the public hearing. Vice Mayor Post moved and Council Member Ziegler second the motion to adopt Ordinance No. 2021.018, and Resolution No. 2021-119 approving the Crossroads at Gladden Specific Plan with the proposed amended Condition 21 as stated by Lexi Well. Motion passes unanimously, 7-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION Marana Regular Council Meeting 09/07/2021 Page 191 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 11 | P a g e D1 Relating to Facilities; discussion, consideration and dir ection regarding possibly naming the Town of Marana building located at 13251 N. Lon Adams Road in honor of Ed Stolmaker (Jane Fairall) Town Attorney Jane Fairall provided an overview of this item stating Ed Stolmaker had passed away on June 22, 2021, after having served at the Marana Chamber of Commerce for 15 years as the President and CEO. Mr. Stolmaker was influential in the growth of the town during that time. The Chamber was voted the best Chamber of Commerce in Tucson for three years in a row. He served on the Marana Health Center Board of Directors and served as President of the Sanctuary Cove’s Board of Directors. He was voted Man of the Year by the Rotary Club. Ed had retired in 2018, and in 2019, he received the Town of Marana’s Branding Iron Award in recognition of the mark he left on the community. Mayor Honea and Council Members discussed the naming the Town building at 13251 N. Lon Adams Road in honor of Ed Stolmaker. Vice Mayor Post moved and Council Member Officer second the motion to name the Town building located at 13251 N. Lon Adams Road the Ed Stolmaker Building in honor of Ed Stolmaker. Motion passes unanimously, 7-0. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) Mr. Rozema had no reports to offer. 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. Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2 -4-2(B). ADJOURNMENT Marana Regular Council Meeting 09/07/2021 Page 192 of 235 Reg ular Council Meeting Summary Minutes August 17, 2021 12 | P a g e Mayor Honea asked for a motion to adjourn the meeting. Council Member Comerford, moved and Council Member Kai second the motion to adjourn the meeting. Motion passes unanimously, 7-0. Meeting adjourned at 8:13 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 17, 2021. I further certify that a quorum was present. ________________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 09/07/2021 Page 193 of 235 Council Study Session Meeting Summary Minutes August 24, 2021 1 | P a ge MARANA TOWN COUNCIL STUDY SESSION MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 24, 2021, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the roll. Mayor Honea, Council Members: Jackie Craig, Patti Comerford, Roxanne Ziegler, John Officer, and Herb Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor Honea. APPROVAL OF AGENDA Vice Mayor Post moved and Council Member Officer second the motion to approve the agenda as presented. Motion passes unanimously, 7-0. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to Water; discussion, consideration, and direction regarding the Town's Designation of Assured Water Supply (DAWS), including the Town's demands, designated supplies, and current and future water portfolio (Jing Luo) Marana Regular Council Meeting 09/07/2021 Page 194 of 235 Council Study Session Meeting Summary Minutes August 24, 2021 2 | P a ge Water Director Jing Luo provided an overview of the PowerPoint Presentation regarding the Town’s Designation of Assured Water Supply (DAWS), including the Town’s demands, designated supplies, and current and future water portfolio. Mayor Honea and Council Members discussed the subject matter, as Ms. Luo replied to the questions and concerns voiced by Council. There was no motion on this item, discussion only. 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. Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A). 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 Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post, moved and Council Member Officer second the motion to adjo urn the meeting. Motion passes unanimously, 7-0. Meeting adjourned at 6:48 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes for the Study Session Meeting of the Marana Town Council meeting held on August 24 , 2021. I further certify that a quorum was present. ____________________________________ Cherry L. Lawson, Town Clerk Marana Regular Council Meeting 09/07/2021 Page 195 of 235      Council-Regular Meeting   L1        Meeting Date:09/07/2021   To:Mayor and Council Submitted For:Cherry L. Lawson, Town Clerk From:Nolette Hernandez, Records Clerk Date:September 7, 2021 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info:   1. Leverage the Town’s coordinating capability to facilitate enhanced customer interaction with multiple governmental and external agencies.          a. Ensure Marana residents and business owners experience excellent customer service interactions. Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License submitted by Amy S. Nations on behalf of Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743 (Cherry L. Lawson) Discussion: This is an application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License at Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743.   Per advisement from Detective Risa Williams with the Arizona Department of Liquor, the application was not required to be posted for 20 days at the premises where the business is to be conducted.    Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.  Marana Regular Council Meeting 09/07/2021 Page 196 of 235   The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the Town Council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona State Liquor Board will take place, unless the director of the DLLC, the liquor board or a resident within a one-mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one-mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Town staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1:   I move to approve and submit to the DLLC an order recommending approval of an application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License submitted by Amy S. Nations on behalf of Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743.   OPTION 2:   I move to approve and submit to the DLLC an order recommending disapproval of an application for an Acquisition of Control of a Series #7 Beer and Wine Bar Liquor License submitted by Amy S. Nations on behalf of Quarry Pines Golf Club, located at 8480 North Continental Drive, Tucson, Arizona 85743. Attachments Quarry Pines Golf Redacted Application Local Governing Body Recommendation Marana Regular Council Meeting 09/07/2021 Page 197 of 235 Descriptions of Common Liquor Licenses Marana Regular Council Meeting 09/07/2021 Page 198 of 235 Marana Regular Council Meeting 09/07/2021 Page 199 of 235 Marana Regular Council Meeting 09/07/2021 Page 200 of 235 Marana Regular Council Meeting 09/07/2021 Page 201 of 235 Marana Regular Council Meeting 09/07/2021 Page 202 of 235 Marana Regular Council Meeting 09/07/2021 Page 203 of 235 Marana Regular Council Meeting 09/07/2021 Page 204 of 235 Marana Regular Council Meeting 09/07/2021 Page 205 of 235 Marana Regular Council Meeting 09/07/2021 Page 206 of 235 Marana Regular Council Meeting 09/07/2021 Page 207 of 235 Marana Regular Council Meeting 09/07/2021 Page 208 of 235 Marana Regular Council Meeting 09/07/2021 Page 209 of 235 Marana Regular Council Meeting 09/07/2021 Page 210 of 235 Marana Regular Council Meeting 09/07/2021 Page 211 of 235 Marana Regular Council Meeting 09/07/2021 Page 212 of 235 Marana Regular Council Meeting 09/07/2021 Page 213 of 235 Marana Regular Council Meeting 09/07/2021 Page 214 of 235 Marana Regular Council Meeting 09/07/2021 Page 215 of 235 Marana Regular Council Meeting 09/07/2021 Page 216 of 235 Marana Regular Council Meeting 09/07/2021 Page 217 of 235 Marana Regular Council Meeting 09/07/2021 Page 218 of 235 Marana Regular Council Meeting 09/07/2021 Page 219 of 235 Marana Regular Council Meeting 09/07/2021 Page 220 of 235 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Regular Council Meeting 09/07/2021 Page 221 of 235 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on - & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Regular Council Meeting 09/07/2021 Page 222 of 235 Department of Liquor Licenses and Con trol Descriptions of Common Types of Liquor Licenses {00018233.DOC / 2} Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, thi s liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from th e premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (li quor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its regi stered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Council Meeting 09/07/2021 Page 223 of 235      Council-Regular Meeting   A1        Meeting Date:09/07/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:September 7, 2021 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 2 WE WILL APPROACH CITIZEN ENGAGEMENT IN UNIQUE AND CREATIVE WAYS.  Initiative 6. Increase external funding through grants and other funding sources. Subject:Resolution No. 2021-125: Relating to Administration; authorizing the Town Manager to sign grant agreements on behalf of the Town of Marana (Jane Fairall)   Discussion: The Town applies for and is awarded various grants from various entities from time to time, many of which are awarded on an annual basis. The Town's Finance Department has implemented a Grants Management program, which requires Town departments and staff to seek approval prior to applying for a grant, to ensure that the grant is consistent with Town objectives and that adequate budget capacity exists to support the grant. The Town's Grant Management Manual describes the policies and procedures of grant administration for the Town of Marana regarding: • Grant proposal development methodologies for federal, state, and private grantor agencies • Receipt and management of grant awards • Responsibility guidelines pertaining to the management of grant funds and compliance with grantor agency and Town procedures. The manual assists Town personnel throughout the lifetime of a grant, including Marana Regular Council Meeting 09/07/2021 Page 224 of 235 identifying a grant funding opportunity, applying for a grant, accepting a grant, tracking a grant, and closing out a grant. These policies and procedures provide a framework for Town personnel to maximize grant award benefits and minimize waste, confusion, and non-compliance.  Once the Town applies for a grant, grant awards and grant agreements are often provided to the Town by the granting agencies with fast turnaround times, making it difficult for Town staff to place the grant agreements on a Council agenda in a timely manner. The proposed resolution will authorize the Town Manager to sign grant agreements, rather than bringing them to Council, as long as the Town Manager, in consultation with the Finance Director or designee, determines that the Town has the current budget capacity to accept the award; and the Town Attorney or designee has reviewed and approved the grant agreement as to form and substance. Staff Recommendation: Staff recommends approval of the resolution. Suggested Motion: I move to adopt Resolution No. 2021-125, authorizing the Town Manager to sign grant agreements on behalf of the Town of Marana. Attachments Resolution 2021-125 Marana Regular Council Meeting 09/07/2021 Page 225 of 235 00076929.DOCX /1 Resolution No. 20 21-125 - 1 - MARANA RESOLUTION NO. 202 1-125 RELATING TO ADMINISTRATION; AUTHORIZING THE TOWN MANAGER TO SIGN GRANT AGREEMENTS ON BEHALF OF THE TOWN OF MAR ANA WHEREAS the Town of Marana applies for and is awarded various grants from various entities from time to time, many of which are awarded on an annual basis; and WHEREAS prior to applying for a grant, a Town department must submit a budget worksheet and the Finance Department must approve submission of the grant application, e nsuring that the Town has the current budget capacity to accept the award if granted; and WHEREAS grant awards and grant agreements are often provided to the Town by the granting agencies with fast turnaround times, making it difficult for Town staff to place the grant agreements on a Council agenda in a timely manner; and WHEREAS the Mayor and Council of the Town of Marana find that authorizing the Town Manager to sign grant agreements i s in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Town Manager is hereby authorized to sign grant agreements on behalf of the Town of Marana under the following circumstances: A. When the Town Manager, in consultation with the Finance Director or designee, determines that the Town has the current budget capacity to accept the award; and B. When the Town Attorney or designee has reviewed and approved the grant agreement as to form and substance . Marana Regular Council Meeting 09/07/2021 Page 226 of 235 00076929.DOCX /1 Resolution No. 20 21-125 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/07/2021 Page 227 of 235    Council-Regular Meeting   A2        Meeting Date:09/07/2021   To:Mayor and Council From:Jane Fairall, Town Attorney Date:September 7, 2021 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: PRINCIPLE STATEMENT 2 WE WILL APPROACH CITIZEN ENGAGEMENT IN UNIQUE AND CREATIVE WAYS.  Initiative 7. Develop a Town-wide public art policy to install and showcase unique pieces reflecting and celebrating the community. Subject:Resolution No. 2021-126: Relating to Administration; approving the Town of Marana Public Art Policy; rescinding Resolution No. 2001-100 (Jane Fairall)   Discussion: On August 7, 2001, the Town Council approved Resolution No. 2001-100, establishing the Marana Public Works Arts Project Committee and an accompanying policy for funding public art associated with Town public works projects. Town records indicate that the Committee has not been active since approximately 2003. The proposed resolution will rescind Resolution No. 2001-100 and establish a new Public Art Policy for the Town. Under the new policy, the Town will fund public art projects associated with a Capital Improvement Project from a percentage of the budget of the project. The Town Engineer will determine the individual budget for each project, but public art funding will not exceed 1% of the total project cost. The Town may use the funding derived from the project on artwork for the planned Capital Improvement Project itself, or the Town may deposit the funds as an In-Lieu Fee into the Public Art Fund for future public art projects. The Town may also use In-Lieu Fees for the maintenance of publicly owned artwork. The Town will fund public art projects that are not associated with a planned Capital Improvement Project through grant funding or other available outside funding sources, or through the Public Art Fund. Marana Regular Council Meeting 09/07/2021 Page 228 of 235 The Project Manager will work with the Procurement Officer to develop and issue a Request for Proposals (RFP) for Conceptual Art Proposals.The Project Manager will also establish a committee to review the proposals and select an artist. This committee will be composed of Town staff and the Community Input Group, made up of a small group of Marana Citizens Forum delegates, and other interested community members.The Community Input Group will continue to act in an ad-hoc advisory capacity to the Project Manager throughout the duration of the project, providing input on the specific artistic criteria for the project, local and neighborhood considerations related to the design and installation, and any other aspects of the project as deemed necessary. The committee will review all submitted Conceptual Art Proposals based on the criteria set forth in the policy and recommend a proposal for review and possible approval by the Town Council. The policy also sets forth criteria related to Public Art Design Principles, Design and Location Requirements, and Installation and Maintenance.   Financial Impact: The allocation of up to 1% of CIP project funding for public art projects is not anticipated to have a significant impact on the CIP budget. Grant funding or funding from other outside sources will be reviewed to ensure the Town has adequate budgetary capacity. Staff Recommendation: Staff recommends approval of the Public Art Policy. Suggested Motion: I move to adopt Resolution No. 2021-126, approving the Town of Marana Public Art Policy and rescinding Resolution No. 2001-100. Attachments Resolution 2021-126 Exhibit A - Public Art Policy Marana Regular Council Meeting 09/07/2021 Page 229 of 235 - 1 - Resolution No. 2021-126 MARANA RESOLUTION NO. 2021-126 RELATING TO ADMINIST RATION; APPROVING THE TOWN O F MARANA PUBLIC ART POLICY; RESCINDING RESOLUTIO N NO. 2001-100 WHEREAS the Town of Marana Strategic Plan Four, includes an Initiative to de- velop a Town-wide public art policy to install and showcase unique pieces reflecting and celebrating the community; and WHEREAS on August 7, 2001, the Town Council adopted Resolution No. 2001 - 100, establishing the Marana Public Works Arts Project Committee and an accompanying policy; and WHEREAS the Town Council finds that adopting this resolution approving a new Public Art Policy 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. Resolution No. 2001-100 adopted by the Marana Town Council on August 7, 2001, is hereby rescinded. SECTION 2. The Town of Marana Public Art Policy attached to this resolution and incorporated by this reference as Exhibit A is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 7th day of September, 2021. Mayor Ed Honea ATTEST: Cherry L. Lawson, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Council Meeting 09/07/2021 Page 230 of 235 Exhibit A to Marana Resolution No. 2021-126 1 TOWN OF MARANA PUBLIC ART POLICY Title: Public Art Policy Effective Date: September 7, 2021 Type of Action: Approved by Council Resolution No. 2021 -126 Purpose This policy describe s the Town of Marana’s Public Art program for Capital Improvement Projects, as well as other projects that are not a part of the Capital Improvement Program, including funding, artistic criteria, and the public involvement process. This policy is subject to revision by the Town Council in whole o r in part at any time and for any reason. Background The Town of Marana is dedicated to preserving its natural and cultural heritage. Art in Marana has existed for millennia, as evidenced by the petroglyphs found on rock formations in multiple sites throu ghout the incorporated area. The Town seeks to build on this heritage through artistic representations in our landscapes, streetscapes, and buildings. Marana has grown from an agricultural community to a thriving and fast-growing town, and the public art within its borders ought to reflect its varied past and exciting future. This Public Art Policy is designed to facilitate the creation of such works of art within Marana. Definitions 1. Community Input Group: A group made up of 5 to 7 Marana Citizens’ Forum delegates and community and business leaders in the Town to provide input on Public Art projects . The Town may select different community and business leaders to be a part of this Group for different projects, based on the type of pr oject and its location. 2. Conceptual Art Proposal: A design submitted by a professional artist to the Town in response to a Request for Proposals which includes a reasonably accurate rendering of the artwork, a detailed budget for the project, a project timeline , and any other requirements deemed necessary by the Project Manager. 3. In-Lieu Fee: A fee of up to 1% of a project’s total cost deposited in the Town’s Public Art Fund in lieu of procuring and incorporating public art on a particular project. Marana Regular Council Meeting 09/07/2021 Page 231 of 235 Exhibit A to Marana Resolution No. 2021-126 2 TOWN OF MARANA PUBLIC ART POLICY 4. Project Manager: Town staff member assigned to manage the public art project, including budget, performance of contractors, and quality assurance. 5. Public Art or Artwork: Artistic creations of a professional artist within a public space or spaces. The artwork is typically large scale and may include sculpture, mosaic, painting, ceramic, video, photography, works of light, integrated artist designed land works, aesthetic landscaping and monuments, and other works determined by the Town to meet the requirements of the project. For this purposes of this policy, Public Art structures may also include performance art spaces. 6. Public Art Fund: Either a separate account within the Town’s General Fund or a separate book or ledger entry designation for funding public art on Town Capital Improvement Projects. Funding for Public Art 1. Capital Improvement Projects a. The Town will fund p ublic art projects from a percentage of the budget of a planned Capital Improvement Project. b. The Town Engineer will determine t he individual budget for each project, but public art funding will not exceed 1% of the total project cost. c. The Town may use the funding derived from the project on artwork for the planned Capital Improvement Project itself, or the Town may deposit the funds as an In-Lieu Fee into the Public Art Fund for future public art projects. 2. Other Projects. The Town will fund public art pro jects that are not associated with a planned Capital Improvement Project through grant funding or other available outside funding sources, or through the Public Art Fund. 3. Maintenance. The Town may also use In-Lieu Fees for the maintenance of publicly owned artwork. Projects Funded by Grants or Other Outside Funding Sources When grants or other outside funding sources fund Public Art projects , the Town shall comply with all requirements of the grant or outside funding source. If any provision o f this policy conflicts with the requirements of the grant or outside funding source, the latter shall prevail. Call for Art Proposals 1. The Project Manager will work with the Procurement Officer to develop and issue a Request for Proposals (RFP) for Conceptual Art Proposals . 2. The RFP will describe the specific parameters for the Public Art installation, including: a. Total budgeted amount Marana Regular Council Meeting 09/07/2021 Page 232 of 235 Exhibit A to Marana Resolution No. 2021-126 3 TOWN OF MARANA PUBLIC ART POLICY b. Location and space available for installation c. Selection criteria 3. Respondents must include a Conceptual Art Proposal , as defined above , and a resume of past work and references. Review Process 1. The Project Manager will establish a committee to review the proposals and select an artist. This committee will be composed of Town staff and the Community Input Group. 2. The Community Input Group will continue to act in an ad-hoc advisory capacity to the Project Manager throughout the duration of the project, providing input on the specific artistic criteria for the project, local and neighborhood considerations related to the design and installation, and any other aspects of the project as deemed necessary. 3. The committee will review all submitted Conceptual Art Proposal s based on the criteria set forth in this policy and recommend a proposal for review and possible approval by the Town Council. Public Art Design Principles The committee will use the following design principles in assessing Conceptual Art Proposals. 1. Quality. Artwork demonstrates originality, artistic quality, and excellence in design and artisanship , demonstrated through renderings, explanation of construction, materials, and artist resume. 2. Community Relevance. Artwork is appropriate in scale, material, form and content for the immediate and general social, economic , and physical environments with which it is to relate. 3. Durability. Artwork demonstrates structural and surface integrity and permanence; material provides protection against theft, vandalism, weathering, and excessive maintenance and repair costs. 4. Safety. Artwork does not present a hazard or create unsafe conditions. 5. Diversity. Artwork contribute s to a diversity of style, scale, media, artists, community values, and forms of expression within the Town. 6. Visibility. Artwork is visible and accessible for the purposes of public enjoyment and security, considering pedestrian and vehicular traffic, lighting, active hours on site, future development, and vegetation growth. 7. Feasibility. Artwork is l ikely to be successful ly completed based on the project budget, timeline, artist’s experience , soundness of materials , and any other relevant factors. Marana Regular Council Meeting 09/07/2021 Page 233 of 235 Exhibit A to Marana Resolution No. 2021-126 4 TOWN OF MARANA PUBLIC ART POLICY Design and Location Requirements 1. A professional artist must design all artwork . If the Town employs a design team to create public artwork, at least one team member shall be a professional artist. 2. Artwork shall not include any of the following elements unless the review committee has specifically approved the element and an artist designed the item: a. Architectural elements or structural parts of a building or other structure b. Fixtures or features such as grates, shade screens, streetlights, benches, signs, and bike racks. 3. Artwork must be in an area easily accessible and clearly visible to the general public. The location shall allow for unrestricted viewing from a variety of va ntage points. 4. Artwork may be located on a publicly viewable building facade, provided the location improves overall public accessibility to the artwork. 5. Artwork may be located within a building or structure if approved by the Town. The artist shall demonstrate that the interior location for the Public Art provides equal or superior public access relative to outdoor locations. Indoor locations must be areas that are readily accessible to the public, such as lobbies and entryways , and shall be accessible to the public for a minimum of 40 hours each week. 6. Artwork shall not be located in sight visibility triangles. 7. Artwork shall not be located in a proposed or existing Town right -of-way unless approved by the Town Engineer. Installation and Maintenance 1. Public Art must be installed, inspected , and certified complete prior to the issuance of a final payment to the artist. 2. The artist must submit an artwork installation schedule addressing timing, budget allocation, artwork location(s), and specific details for each phase of a phased development project to the Project Manager. 3. Public Art must remain on public display and be maintained in the condition in which it was originally installed. 4. Artwork projects shall have a small plaque identifying the title, date , and artist, and shall reference the funding source for the project, and community partners involved in the process. 5. Unless otherwise specified in a separate agreement, c ontinued maintenance of the artwork shall be the responsibility of the Town. If the artwork is on private property, the Town will enter into an agreement with the property owner to allow access to the artwork. 6. The artwork shall be maintained to p reserve its intended appearance. Marana Regular Council Meeting 09/07/2021 Page 234 of 235 Exhibit A to Marana Resolution No. 2021-126 5 TOWN OF MARANA PUBLIC ART POLICY 7. The artist must submit a maintenance plan specifying the requ ired maintenance steps and frequency of maintenance with the final plans for Public Art. Marana Regular Council Meeting 09/07/2021 Page 235 of 235