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HomeMy WebLinkAbout06/20/2023 Regular Council Meeting Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 20, 2023, 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 June 20, 2023, 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 Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 1 of 263 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 Town Council Meeting Agenda Packet June 20, 2023 Page 2 of 263   PROCLAMATIONS   PR1 Proclamation Recognizing Water Billing Specialist Renee Sommerville (David L. Udall)   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 Ordinance No. 2023.020: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule by modifying the Vacation Service Fee note to eliminate the six-month requirement for the vacation disconnect period and to clarify that monthly water and sewer base rate fees still apply during the vacation disconnect period; and designating an effective date (Jing Luo)   C2 Ordinance No. 2023.021: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), chapter 17-5 (Subdivisions), section 17-5-4 (Performance guarantee) to add permit hold forms of assurance as an acceptable form of substitute assurance to guarantee the completion of subdivision improvements; and declaring an emergency (Jane Fairall)   C3 Resolution No. 2023-057: Relating to Development; accepting public improvements for maintenance for the intersection of Twin Peaks and Camino De Manana (Jason Angell)   C4 Resolution No. 2023-058: Relating to Development; approving a final plat Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 3 of 263 C4 Resolution No. 2023-058: Relating to Development; approving a final plat for Solana Canyon, Lots 1-4 and Common Area "A" (Private Street), generally located northeast of the intersection of Sunset Gallery Place and Sunset Gallery Drive within Section 14, Township 11 South and Range 12 East (Scott S. Radden)   C5 Resolution No. 2023-059: Relating to Economic Development; approving and authorizing the Mayor to execute a Funding and In-Kind Support and Assistance Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2023-2024 to support operation of the Marana Visitor Center and provision of services to the Marana community (Curt Woody)   C6 Resolution No. 2023-060: Relating to Municipal Court; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2023-2024 (Laine McDonald)   C7 Resolution No. 2023-061: Relating to Parks and Recreation; approving and authorizing the acceptance of grant funding from Gila River Indian Community State-Shared Revenue Program funds for the purchase of exercise equipment to be used in the Marana Senior Wellness Improvement Program; and approving and authorizing the Town Manager to sign any and all documents required to accept the grant (Jim Conroy)   C8 Resolution No. 2023-062: Relating to Parks and Recreation; approving and authorizing the Mayor to execute the first amendment to an intergovernmental agreement for educational services and programming between the Town of Marana and Pima County (Jim Conroy)   C9 Resolution No. 2023-063: 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 resource officers in support of the District's School Safety Program (Libby Shelton)   C10 Resolution No. 2023-064: Relating to the Police Department; approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2023 through June 30, 2024 (Jane Fairall)   C11 Resolution No. 2023-065: Relating to Public Works; approving and Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 4 of 263 C11 Resolution No. 2023-065: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Jihong Kai, LLC for the construction of Driveway improvements as part of the Tangerine Road widening project Phase 2A (Jane Fairall)   C12 Resolution No. 2023-066: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Trico Electric Cooperative, Inc for the construction of water improvements as part of the Tangerine Road water main project (Jane Fairall)   C13 Resolution No. 2023-067: Relating to Utilities; authorizing Town staff to apply for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund the design and construction costs for a Marana Park emerging contaminants water treatment facility (Jing Luo)   C14 Approval of Regular Council Meeting Summary Minutes of June 6, 2023, and Special Council Meeting Summary Minutes of June 7, 2023   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #010 Beer and Wine Store Liquor License submitted by Lauren Kay Merrett on behalf of Maverik, located at 9171 West Tangerine Road, Marana, AZ 85658 (David L. Udall)   BOARDS, COMMISSIONS AND COMMITTEES   B1 Resolution No. 2023-068: Relating to Boards, Commissions and Committees; approving and authorizing the creation of the Marana Civic Committee as a special committee of the Town of Marana (Andrea Caicedo)     B2 Resolution No. 2023-069: Relating to Boards, Commissions and Committees; approving the appointment of Tom Sommerville to the Marana Public Safety Personnel Retirement System (PSPRS) local board and to the Marana Correctional Officer Retirement Plan (CORP) local board; and approving the appointment of George A. Kennedy to the CORP local board (David L. Udall)   Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 5 of 263 COUNCIL ACTION   A1 Resolution No. 2023-070: Relating to Public Works; authorizing Town staff and representatives to acquire, by negotiations or condemnation, lands and property rights needed for the following Town of Marana projects: Tangerine Road Corridor Widening, Phase 2A (ST098), and Tangerine Road Corridor Widening, Phase 2B (ST060) (George Cardieri)   A2 Resolution No. 2023-071: Relating to Water; approving and authorizing the Mayor to sign the Third Amendment to Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project (David L. Udall)   ITEMS FOR DISCUSSION / POSSIBLE ACTION   D1 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema)      D2 Relating to Development; review, discussion, and possible direction regarding the proposed Town of Marana Public Art Policy (Jason Angell)   D3 PUBLIC HEARING: Relating to Budget; public hearing regarding the Town of Marana's fiscal year 2023-2024 final budget (Yiannis Kalaitzidis)   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).      E2 Executive Session pursuant to A.R.S. §38-431.03 (A)(3) for discussion or consultation for legal advice with the Town’s attorneys regarding the Town’s interests in the property located at 12545 W. Moore Road, Marana, AZ.      FUTURE AGENDA ITEMSMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 6 of 263 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 Town Council Meeting Agenda Packet June 20, 2023 Page 7 of 263      Council-Regular Meeting   PR1        Meeting Date:06/20/2023   Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney Date:June 20, 2023 Subject:Proclamation Recognizing Water Billing Specialist Renee Sommerville (David L. Udall) Attachments Proclamation Recognizing Renee Sommerville Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 8 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 9 of 263      Council-Regular Meeting   C1        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Jing Luo, Water Director From:Humberto Del Castillo, Business Financial Manager Date:June 20, 2023 Strategic Plan Focus Area: Proactive Public Services Subject:Ordinance No. 2023.020: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule by modifying the Vacation Service Fee note to eliminate the six-month requirement for the vacation disconnect period and to clarify that monthly water and sewer base rate fees still apply during the vacation disconnect period; and designating an effective date (Jing Luo) Discussion: Pursuant to the Town's Comprehensive Fee Schedule, water customers who are on vacation or live in the Town seasonally are currently allowed to halt their service billing cycles for a period of six months. For years, it has been the practice of the Marana Water Department to not assess water and sewer base rate fees during the six-month vacation disconnect period. During that period, the water meter is shut off and padlocked, which does not allow for any water consumption. Once the six-month interruption period has expired, the monthly water and sewer base rates are reimposed. The practice of waiving base rate fees during a vacation disconnect period is no longer in line with the Best Management Practice (BMP) of the industry. Therefore, staff recommends modifying the Vacation Service Fee note on page 54 of the Comprehensive Fee Schedule, adopted via Marana Ordinance No. 2021.008 on May 18, 2021 and amended from time to time, to eliminate the six-month requirement for the vacation disconnect period and adjust the note language so that it is clear that customers must still pay the monthly base rate fees while on the vacation disconnect Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 10 of 263 period. If adopted, this change would allow customers who pay the Vacation Service Fee to have their water meters shut off and padlocked for a period beyond six months and would require them to continue paying their monthly base rate fees during the vacation disconnect period. Financial Impact: Fiscal Year:2024 Budgeted Y/N:N Amount:$2,140 The estimated amount is insignificant to the department's revenues. Staff Recommendation: Staff recommends approval of Ordinance No. 2023.020. Suggested Motion: I move to adopt Ordinance No. 2023.020, mending the Town of Marana Comprehensive Fee Schedule by modifying the Vacation Service Fee note to eliminate the six-month requirement for the vacation disconnect period and to clarify that monthly water and sewer base rate fees still apply during the vacation disconnect period; and designating an effective date.  Attachments Ordinance No. 2023.020 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 11 of 263 Ordinance No. 2023.020 - 1 - MARANA ORDINANCE NO. 2023.020 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE BY MODIFYING THE VACATION SERVICE FEE NOTE TO ELIMINATE THE SIX-MONTH REQUIREMENT FOR THE VACATION DISCONNECT PERIOD AND TO CLARIFY THAT MONTHLY WATER AND SEWER BASE RATE FEES STILL APPLY DURING THE VACATION DISCONNECT PERIOD; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the finances of the Town; and WHEREAS the Town Council, via Ordinance No. 2021.008, adopted an amended comprehensive fee schedule on May 18, 2021, which was made a public record by and attached as Exhibit A to Resolution No. 2021-071; and WHEREAS from time to time the Town Council has adopted amendments to the comprehensive fee schedule, most recently on May 16, 2023, via Ordinance No. 2023.017; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2021.008, as previously amended, is hereby amended as follows (with deletions denoted with strikeouts and additions denoted with double underlining; all other fees remain unchanged): Fee/Description Amount Unit of Measure Notes PUBLIC SERVICES: WATER Vacation Service Fee $14.00 Per service Fee assessed when a current customer requests to halt service billing cycle due to vacation or seasonal residence. Interruption good up to 6 Months. Customer still responsible for applicable Water Meter Monthly Base Rate and Wastewater Monthly Service fees during this time. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 12 of 263 Ordinance No. 2023.020 2 SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on the 31st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 13 of 263      Council-Regular Meeting   C2        Meeting Date:06/20/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Thriving Commerce,  Proactive Public Services Subject:Ordinance No. 2023.021: Relating to Land Development; revising Marana Town Code Title 17 (Land Development), chapter 17-5 (Subdivisions), section 17-5-4 (Performance guarantee) to add permit hold forms of assurance as an acceptable form of substitute assurance to guarantee the completion of subdivision improvements; and declaring an emergency (Jane Fairall) Discussion: State law (A.R.S. §9-463.01) provides that the legislative body of every municipality shall regulate the subdivision of all lands within its corporate limits and that the legislative body shall exercise this authority by, among other items, prescribing by ordinance the posting of performance bonds, assurances or such other security as may be appropriate and necessary to assure the installation of required street, sewer, electric and water utilities, drainage, flood control and improvements meeting established minimum standards of design and construction. Section 17-5-4 (Performance guarantee) of the Marana Town Code requires the posting of assurances by subdividers to guarantee the completion of required subdivision improvements, as required by A.R.S. §9-463.01. Section 17-5-4(A) lists two forms of acceptable subdivisions assurances: 1) Financial forms of assurance, including cash, letter of credit, performance bond, or other similar instruments, and 2) third party trust forms of assurances. Financial forms of assurance must be provided in an amount equal to the sum of the cost of construction for all required improvements for the subdivision, including surveying, construction management, testing, and inspections, as determined by the Town Engineer, plus a 15% contingency. These assurances guarantee completion of necessary subdivision improvements by providing the 1. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 14 of 263 Town with a financial means to complete the work itself if the subdivider defaults. Section 17-5-4 provides that when, in the opinion of the Council, the subdivider has failed or neglected to install the required improvements or make required corrections within a timely manner, the Council may, after a public hearing on the matter, use the proceeds from the assurances to install the required improvements. Third party trust forms of assurance guarantee necessary infrastructure is constructed by prohibiting the transfer of any individual subdivision lot or block for which required subdivision improvements have not yet been installed. The property owner must convey title to the subdivision lots or blocks into a third party trust and may not sell the property to an end user unless and until the Town releases the lots or blocks from the assurance because infrastructure has been completed, or because substitute assurances have been provided. 2. Section 17-5-4(B) provides that the Town Manager is authorized to execute substitute subdivision assurances in a form approved as to substance by the Town Engineer and approved as to form by the Town Attorney, if the Town Manager and Town Engineer are satisfied that the substitute assurances protect the Town to an extent equal to or greater than the original assurances. Substitute assurances are generally provided when property within a subdivision is sold prior to the completion of required improvements for that portion of the subdivision. Like original assurances, substitute assurances are typically either financial forms of assurance or third party trust forms of assurance as well. The proposed ordinance will amend Section 17-5-4(B) to list acceptable forms of substitute assurance. Subparagraph 1 lists financial and third party trust forms of assurance. Subparagraph 2 proposes to allow a new type of assurance to be used as a substitute assurance, that being a permit hold form of assurance. A permit hold form of assurance will guarantee the completion of necessary improvements by prohibiting the issuance of any building permits on any individual subdivision lot or block for which required subdivision improvements have not yet been installed. The proposed ordinance will limit the use of this new type of assurance to substitute assurances only, and only when the Town Manager and Town Engineer find that the permit hold form of assurance is appropriate in a given situation. This type of assurance will most likely be appropriate when subdivision blocks have been purchased or held speculatively for future commercial, industrial, and multi-family uses. Town staff believes that the permit hold form of assurance, when used in appropriate circumstances, will be preferable to a financial assurance. There will be significantly less administrative work for the Town because there is no need to calculate the principal amount of the assurances and account for and maintain the financial assurances. The permit hold is a more secure way to guarantee infrastructure because the property cannot be developed without building permits, whereas with financial assurances, the principal amount of the financial assurances is a fixed amount; with construction cost increases, what is sufficient at the time of the posting will likely not be sufficient at the time of development if it occurs years later. The permit hold assurance will also be simpler and less expensive for the developer, while still protecting the ultimate consumer from an apartment or business with inadequate Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 15 of 263 subdivision infrastructure. Staff Recommendation: Staff recommends approval of the ordinance amending MTC Section 17-5-4. Suggested Motion: I move to adopt Ordinance No. 2023.021, revising Marana Town Code section 17-5-4. Attachments Ordinance No. 2023.021 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 16 of 263 00089350.DOCX /1 Ordinance No. 2023.021 - 1 - MARANA ORDINANCE NO. 2023.021 RELATING TO LAND DEVELOPMENT; REVISING MARANA TOWN CODE TITLE 17 (LAND DEVELOPMENT), CHAPTER 17-5 (SUBDIVISIONS), SECTION 17-5-4 (PERFORMANCE GUARANTEE) TO ADD PERMIT HOLD FORMS OF ASSURANCE AS AN ACCEPTABLE FORM OF SUBSTITUTE ASSURANCE TO GUARANTEE THE COMPLETION OF SUBDIVISION IMPROVEMENTS; AND DECLARING AN EMERGENCY WHEREAS A.R.S. §9-463.01 provides that the legislative body of every municipality shall regulate the subdivision of all lands within its corporate limits and that the legislative body shall exercise this authority by, among other items, prescribing by ordinance the posting of performance bonds, assurances or such other security as may be appropriate and necessary to assure the installation of required street, sewer, electric and water utilities, drainage, flood control and improvements meeting established minimum standards of design and construction; and WHEREAS Section 17-5-4 (Performance guarantee) of the Marana Town Code requires the posting of assurances by subdividers to guarantee the completion of required subdivision improvements, as required by A.R.S. §9-463.01; and WHEREAS the Mayor and Council of the Town of Marana find that revising Marana Town Code Section 17-5-4 to add permit hold forms of assurance as an acceptable form of substitute assurance as set forth in this ordinance is in the best interests of the Town and its residents. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 17 (Land Development), Chapter 17-5 (Subdivisions), Section 17-5-4 (Performance guarantee) is hereby amended as follows (with additions shown with double underlining): 17-5-4 Performance guarantee [No revisions to existing paragraph A] B. The town manager is authorized to execute substitute subdivision assurances in a form approved as to substance by the town engineer and approved as to form by the town attorney, Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 17 of 263 00089350.DOCX /1 Ordinance No. 2023.021 - 2 - if the town manager and town engineer are satisfied that the substitute assurances protect the town to an extent equal to or greater than the original assurances. 1. Financial forms of assurance and third party trust forms of assurance may be used as substitute subdivision assurances. 2. Permit hold forms of assurance prohibiting the issuance of any building permits on any individual subdivision lot or block for which required subdivision improvements have not yet been installed are permitted as substitute forms of assurance at the discretion of the town engineer and town manager when the town engineer and town manager find that the permit hold form of assurance is an appropriate mechanism to guarantee that required improvements are installed in a timely manner for the development in question. [No revisions to existing paragraph C] SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 20th day of June 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 18 of 263      Council-Regular Meeting   C3        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Jason Angell, Development Services Director From:Dustin Ward, Development Engineering Division Manager Date:June 20, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-057: Relating to Development; accepting public improvements for maintenance for the intersection of Twin Peaks and Camino De Manana (Jason Angell) Discussion: The preserve at Twin Peaks Lots 1-190 is located north of Lambert Lane along Twin Peaks Road. The subdivider has completed the public improvements for the intersection of Twin Peaks Road and Camino De Manana acceptable to the Town Standards in accordance with the accepted Traffic Impact Analysis (TRA1307-002), approved on August 16, 2019. The estimated value of the public improvements is $443,077.21. If approved, this resolution will accept the traffic signals and intersection pavement markings for maintenance. Staff Recommendation: Staff recommends accepting the public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2023-057, accepting public improvements for maintenance for the intersection of Twin Peaks and Camino De Manana. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 19 of 263 Attachments Resolution No. 2023-057 Location Map Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 20 of 263 Resolution No. 2023-057 - 1 - MARANA RESOLUTION NO. 2023-057 RELATING TO DEVELOPMENT; ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE FOR THE INTERSECTION OF TWIN PEAKS AND CAMINO DE MANANA WHEREAS the final plat for The Preserve at Twin Peaks Lots 1 thru 190 and Common Area “A” (Private Streets), Common Areas “B1” – “B5” (Natural Open Space, Drainage, Landscape, Pedestrian, Public Sewer and Utilities) and Common Areas “C1”, “C2” (Active Open Space) was recorded in the Pima County Recorder’s Office on March 6, 2020 at Sequence 20200660138; and WHEREAS the Subdivider has completed the public improvements for the intersection of Twin Peaks Road and Camino De Manana acceptable to Town standards in accordance with the Accepted Traffic Impact Analysis (TRA1307-002), approved on August 16, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town hereby accepts for maintenance the traffic signals and intersection pavement markings at the intersection of Twin Peaks Road and Camino De Manana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 21 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 22 of 263      Council-Regular Meeting   C4        Meeting Date:06/20/2023   To:Mayor and Council From:Scott Radden, Senior Planner Date:June 20, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-058: Relating to Development; approving a final plat for Solana Canyon, Lots 1-4 and Common Area "A" (Private Street), generally located northeast of the intersection of Sunset Gallery Place and Sunset Gallery Drive within Section 14, Township 11 South and Range 12 East (Scott S. Radden) Discussion: Request  Baker & Associates Engineering, Inc. on behalf of the property owner, is requesting approval of a final plat consisting of four lots and Common Area "A" (Private Streets) on approximately 29.4 acres within the Dove Mountain Specific Plan area. Location  The proposed subdivision is located within the Dove Mountain development, northeast of the existing Gallery, Parcel 4A residential subdivision street intersection of Sunset Gallery Place and Sunset Gallery Drive. Zoning The zoning of the property is "SP" Dove Mountain Specific Plan with land use designation of Estate (E).  Land Use  The final plat proposes four large residential lots and common area for private streets. The proposed subdivision provides a minimum lot size of 170,976 square feet and a maximum lot size of 647,917 square feet, with an average proposed lot size of 317,809 square feet. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 23 of 263 square feet. Access and Traffic Circulation  The subdivision will be directly accessed from Boulder Bridge Pass and proposes 0.1 miles of new private streets.  Infrastructure and Utilities Water service will be provided to the subdivision by Tucson Water. Wastewater service will be provided by Pima County Regional Wastewater.  Staff Recommendation: Staff has reviewed the request against the requirements of the Dove Mountain Specific Plan, the Marana Town Code, and the Marana General Plan. This final plat is in substantial conformance with all required development regulations, and staff recommends approval.    Suggested Motion: I move to adopt Resolution No. 2023-058, approving a final plat for Solana Canyon, Lots 1-4 and Common Area "A" (Private Street). Attachments Resolution No. 2023-058 PRV2301-003 Final Plat PRV2301-003 Location Map PRV2301-003 Application Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 24 of 263 00089378.DOCX /1 Resolution No. 2023-058 - 1 - MARANA RESOLUTION NO. 2023-058 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR SOLANA CANYON, LOTS 1-4 AND COMMON AREA "A" (PRIVATE STREET), GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF SUNSET GALLERY PLACE AND SUNSET GALLERY DRIVE WITHIN SECTION 14, TOWNSHIP 11 SOUTH AND RANGE 12 EAST WHEREAS, on May 31, 1989, the Mayor and Town Council adopted Ordinance No. 89.22, approving the Dove Mountain Specific Plan (then known as the Tortolita Mountain Properties Specific Plan) which has been amended from time to time by ordinance; and WHEREAS, on December 15, 2009, the Mayor and Town Council adopted Resolution No. 2009-198, approving the Final Plat for The Gallery Parcel 5, Lots 1-14, Block A, & Common Areas “A”, “B”, “C-1”-“C-3” (“The Gallery Parcel 5 Final Plat”); and WHEREAS Baker & Associates, Inc., representing the property owner, has applied for approval of a final plat for Solana Canyon, Lots 1-4 and Common Area "A" (Private Street), being a resubdivision of Block A of The Gallery Parcel 5 Final Plat, generally located northeast of the intersection of Sunset Gallery Place and Sunset Gallery Drive within Section 14, Township 11 South and Range 12 East; and WHEREAS, the Mayor and Town Council, at its June 20, 2023 meeting, determined that the final plat for Solana Canyon, Lots 1-4 and Common Area "A" should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that that the final plat for Solana Canyon, Lots 1-4 and Common Area "A" is hereby approved. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 25 of 263 00089378.DOCX /1 Resolution No. 2023-058 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 26 of 263 REF.: PRV-04114F JOB #2531.1 SHEET 1 OF 3DATE: JUNE 1, 2023 Baker & Associates Engineering, Inc. 3561 E. Sunrise Drive, Suite #225 Fax (520) 318-1930Tucson, Arizona 85718 (520) 318-1950REGISTERED L A ND S U RVEYORARIZONA U .S .A16784 WILLIAM H. BAKER, JR.Da te Signed _ _ _ _ _ _ _ _CER T IF I CATE N O . LIVERNOIS BRIAN J 58324 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 27 of 263 REF.: PRV-04114F JOB #2531.1 SHEET 2 OF 3DATE: JUNE 1, 2023 Baker & Associates Engineering, Inc. 3561 E. Sunrise Drive, Suite #225 Fax (520) 318-1930Tucson, Arizona 85718 (520) 318-1950 REGISTERE D L A ND S U RVEYORARIZONA U .S .A16784 WILLIAM H. BAKER, JR.Da te Signed _ _ _ _ _ _ _ _CERT IF I CATE N O . Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 28 of 263 REF.: PRV-04114F JOB #2531.1 SHEET 3 OF 3DATE: JUNE 1, 2023 Baker & Associates Engineering, Inc. 3561 E. Sunrise Drive, Suite #225 Fax (520) 318-1930Tucson, Arizona 85718 (520) 318-1950REGISTERED L A ND S URVEYORARIZONA U .S .A16784 WILLIAM H. BAKER, JR.Da te Signed _ _ _ _ _ _ _ _CERT IF I CATE N O . Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 29 of 263 © Latitude Geographics Group Ltd. 0.4 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.4 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.190 1:12,000 Final Plat for Solana Canyon Lots 1-4Town of Marana Planning Marana Town Limits Parcels (Black) Marana Streets Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 30 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023Page 31 of 263      Council-Regular Meeting   C5        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Curt Woody, Director of Economic Development and Tourism From:Curt Woody, Director of Economic Development and Tourism Date:June 20, 2023 Strategic Plan Focus Area: Thriving Commerce Subject:Resolution No. 2023-059: Relating to Economic Development; approving and authorizing the Mayor to execute a Funding and In-Kind Support and Assistance Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2023-2024 to support operation of the Marana Visitor Center and provision of services to the Marana community (Curt Woody) Discussion: The Marana Chamber of Commerce was established in 1987 with a vision to "Build Business and Community Relationships." The Chamber’s mission is for staff and members to work collaboratively with all industries and levels of government to build a balance between economic growth and quality of life in our community. For many years, the Town and the Chamber have worked collaboratively to promote economic development and commerce in the Town of Marana, with the Town providing annual funding to the Chamber for these purposes pursuant to a funding agreement approved by Council.  Under the proposed agreement for FY 23-24, the Town will provide $70,000 in funding for the Chamber's operation of the Marana Visitor Center and for other activities undertaken by the Chamber pursuant to the agreement.  Additionally, the Town will provide in-kind support and assistance for the Chamber's new Impact Marana Program ("Program"), which will launch at the beginning of fiscal year 2024.  Participants in the Program will gain a comprehensive understanding of all facets of Marana in order to become more impactful business and community leaders driving Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 32 of 263 the future of our economy.  Under the agreement, the Chamber will: 1. Operate the Marana Visitor Center during established business hours of 9:00 AM – 4:00 PM, Monday through Thursday and 9:00 AM-12:00 PM on Fridays, observing regular holidays, and will comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Information Centers. The Chamber and Town will also collaborate on finding ways to improve the Visitor Center’s appearance and experience, and in finding volunteer staffing for the Center;  2. Provide a link to the Town’s tourism website for visitor information; 3. Provide opportunities, as requested, for representatives of the Town to address the Marana community. These opportunities may be as part of another event organized by the Chamber, including Chamber networking breakfasts, Quarterly Business Connection lunches, community and regional updates, legislative and economic development briefings, or other similar events; 4. Produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. The Town may request up to 2,500 maps and directories from the Chamber for the Town's own distribution; 5. Organize and execute the “State of the Town” event to provide Town officials the opportunity to address the community on current affairs; 6. Collaborate with the Town on questions and methodology used to conduct surveys of the Marana community regarding the local business climate; 7. Partner with the Town to promote tourism, including participating in any tourism development initiatives organized and implemented by the Town. 8. Partner with the Marana Tourism Office on events and activities to promote the film industry in the Town; and 9. Plan, develop, and administer the Program. The Chamber will monitor and report quarterly on progress in each of the above categories. Under the Agreement, the Town will commit to $70,000 in funding from the Town's Fiscal Year 2023-2024 budget to the Chamber.  Additionally, the Town will provide in-kind support and assistance to support the Program, including logo design services, administrative support assistance, cross promotion on Town platforms.   The term of the agreement is one year, expiring on June 30, 2024. Financial Impact: Fiscal Year:2024 Budgeted Y/N:Y Amount:$70,000 The amount remains unchanged from the prior year agreement. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 33 of 263 Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2023-059, approving and authorizing the Mayor to execute a Funding and In-Kind Support and Assistance Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2023-2024 to support the operation of the Marana Visitor Center and provision of services to the Marana community. Attachments Resolution No. 2023-059 Exhibit A to Resolution Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 34 of 263 00089345.DOCX /1 Resolution No. 2023-059 - 1 - MARANA RESOLUTION NO. 2023-059 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AND IN-KIND SUPPORT AND ASSISTANCE AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA CHAMBER OF COMMERCE, INC. FOR FISCAL YEAR 2023-2024 TO SUPPORT OPERATION OF THE MARANA VISITOR CENTER AND PROVISION OF SERVICES TO THE MARANA COMMUNITY WHEREAS the Marana Strategic Plan 5 includes “Thriving Commerce” as a focus area with a principle statement to recruit and maintain a diverse commercial sector that is supported by local workforce training and funding opportunities; and WHEREAS the Marana Chamber of Commerce operates the Marana Visitor Center and provides other services to the Town and the community; and WHEREAS the Marana Chamber of Commerce will launch the Impact Marana Program (“Program”) at the beginning of fiscal year 2024; and WHEREAS participants in the Program will gain a comprehensive understanding of all the facets of Marana in order to become more impactful business and community leaders driving the future of our community; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the funding and in-kind support and assistance agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2023-2024, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT 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 funding agreement. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 35 of 263 00089345.DOCX /1 Resolution No. 2023-059 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 36 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 1 - FUNDING AND IN-KIND SUPPORT AND ASSISTANCE AGREEMENT MARANA CHAMBER OF COMMERCE, INC. THIS FUNDING AND IN-KIND SUPPORT AND ASSISTANCE AGREEMENT (“Agree- ment”) is entered into by and between the TOWN OF MARANA, an Arizona munici- pal corporation (“Town”) and the MARANA CHAMBER OF COMMERCE, INC., an Ari- zona 501(c)(6) nonprofit corporation (“Chamber”). The Town and Chamber are sometimes referred to collectively as the “Parties,” either of which is sometimes individually referred to as a “Party.” RECITALS A. Town has established a need for economic development activities to en- sure a sustainable community and is dedicated to providing exceptional commu- nity programs and services that create opportunities for citizen and business en- gagement as directed by the Thriving Commerce focus area of the Town’s Strategic Plan. B. Chamber is a nonprofit corporation that serves to improve the economic environment for its members and the community as a whole and operates a Visitor Center and provides other services for the community that provide information about Town’s attractions and business services benefitting the Town and its resi- dents. C. Town has determined that the general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. D. Town has determined that the general welfare of the citizens of Marana will be substantially advanced by Town providing in-kind support and assistance to Chamber’s implementation of the Impact Marana Program (“Progr am”), wherein Program participants gain a comprehensive understanding of all facets of Marana in order to become more impactful business and community leaders driv- ing the future of our community. E. Town finds that the benefits to Town resulting from Chamber’s Program have a value at least equal to the fair market value of the in-kind support and as- sistance to be provided to Chamber by Town pursuant to this Agreement. F. The Parties acknowledge that tracking Town payments and Chamber outputs and outcomes resulting from Town funding is prudent practice to assure Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 37 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC 2 that public funds are appropriately used and that the public receives the antici- pated benefits of the funding. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: Section 1. Funding. Town hereby commits $70,000 of funding from Town’s Fiscal Year 2023-2024 budget to Chamber to assist in funding Chamber’s activities under this Agreement. Section 2. Support and Assistance. Between July 1, 2023 and June 30, 2024, Town shall provide in-kind support and assistance, at no cost to Chamber, as set forth in Exhibit A, attached hereto and incorporated herein by this refer- ence. In addition to the in-kind support and assistance listed in Exhibit A, Town shall also: 2.1. Cross-promote the Program through Town’s media and communi- cation outlets. 2.2. Assist Chamber in creating a Program logo design with a maxi- mum of two reviews. 2.3. Assist Chamber in the participant application process, including reviewing applications and interviewing applicants. Section 3. Outputs. Between July 1, 2023 and June 30, 2024, Chamber hereby agrees to provide the following outputs with Town’s general assistance, funding, and in-kind support and assistance provided under this Agreement: 3.1. Chamber will operate the Marana Visitor Center during estab- lished business hours of Monday through Thursday, 9:00 am to 4:00 pm, and Friday 9:00 am to 12:00 pm, observing regular holidays, and will com- ply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Information Centers. Chamber and Town will collaborate on finding ways to improve the Visitor Center’s appear- ance and experience, and staffing from volunteers. 3.2. Chamber will provide a link on its website to the Town’s tourism website for visitor information. 3.3. Chamber will provide opportunities, as requested, for representa- tives of Town to address the Marana community. These opportunities may be as part of another event organized by Chamber, including Chamber net- working breakfasts, Quarterly Business Connection lunches, community and regional updates, legislative and economic development briefings, or other similar events. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 38 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 3 - 3.4. Chamber will produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. Town may request from Chamber a maximum of 2,500 maps and 2,500 directories for its own distribution. 3.5. Chamber will organize and execute the “State of the Town” event to provide Town officials the opportunity to address the community on current affairs. 3.6. Chamber will collaborate with Town on questions and methodol- ogy used to conduct surveys of the Marana community regarding the local business climate. 3.7. Chamber will partner with Town to promote tourism, including, but not limited to, participating in any tourism development initiatives or- ganized and implemented by Town. 3.8. Chamber will partner with the Marana Tourism office on events and activities to promote the film industry in Town. 3.9. Chamber shall plan, develop and administer the Program at 13251 N. Lon Adams Road as follows: 3.9.1. Schedule to launch the Program at the beginning of Fiscal Year 2024 and aim to continue the Program on a yearly basis with different participants. 3.9.2. Chamber shall recruit, select, approve, and contract with presenters required for each of the Program’s topic sessions. 3.9.3. Chamber shall recruit and select the Program participants and administer the participant application process. 3.9.4. Chamber shall provide sufficient staffing to present and administer the Program. 3.9.5. Chamber shall include Town’s logo on Chamber’s social media, website and any printed and electronic Program marketing material. 3.9.6. Chamber may assess, collect, and retain fees from partici- pants in the Program and shall make available to the Town for in- spection any books, ledgers or statements kept by Chamber regard- ing activities conducted pursuant to this Agreement. Chamber shall be liable for all taxes applicable to the proceeds received by Cham- ber under this Agreement. Section 4. Payments. Town shall pay Chamber in three installments of $23,333.33 each, once per quarter, except the fourth quarter of Town’s fiscal year, Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 39 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 4 - upon receipt of a completed Payment Request Form in substantially the form attached as Exhibit B. Section 5. Reporting. Within 15 days after the end of each calendar quar- ter for which Chamber receives funding under this Agreement or before receiv- ing its next quarterly payment, whichever occurs first, Chamber shall complete and submit to Town a written quarterly report in substantially the form attached as Exhibit C, demonstrating Chamber’s progress toward the outputs listed in Section 33 of this Agreement. Town may additionally request a written or oral report from Chamber at any time demonstrating Chamber’s progress in comply- ing with each of the outputs listed in Section 33 of this Agreement. Section 6. Required Insurance. Before receiving any payment under this Agreement, Chamber shall deliver to Town one or more certificates of insurance with carriers acceptable to Town evidencing the following minimum coverages for at least the term of this Agreement: 6.1. $1,000,000 per occurrence commercial general liability coverage with Town listed as additional insured. Chamber shall deliver an addi- tional insured endorsement along with the certificate(s) of insurance re- quired by this Section. As an additional insured, Town shall be provided coverage for any liability arising out of operations performed in whole or in part by or on behalf of Chamber. 6.2. $1,000,000 per occurrence business automobile liability (if the Chamber has vehicles). 6.3. $1,000,000 per occurrence directors and officers coverage with Town listed as additional insured. 6.4. State of Arizona minimum workers’ compensation coverage (if Chamber has paid staff). 6.5. The coverage requirements specified in this Section may not be changed or modified except by written agreement signed by all Parties. Section 7. Corporate Documents. Before receiving initial payment under this Agreement, Chamber shall ensure that copies of the following Chamber doc- umentation, including any and all amendments are on file with Town: 7.1. Articles of incorporation. 7.2. Current bylaws. 7.3. List of current members of Chamber’s Board of Directors. 7.4. Current fiscal year’s budget approved by Chamber’s Board of Di- rectors. 7.5. Internal Revenue Service designation letter. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 40 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 5 - Section 8. Amendments to Insurance and Documentation. True and accu- rate copies of any amendments during the term of this Agreement to coverages or terms of insurance required by Section 6 above or to Chamber’s corporate documentation listed in Section 7 above shall be provided to Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance coverages below the minimums set forth in Section 6 above or that in Town’s reasonable opinion materially affect Chamber’s ability to deliver the outputs set forth in Section 3 above constitute default for which Town may withhold payment until Chamber restores the minimum insurance coverages or restores Chamber’s ability to de- liver the outputs. Section 9. Default and Dispute Resolution. If either Party defaults (the “Defaulting Party”) with respect to any of that Party’s obligations under this Agreement, the other Party (the “Non-Defaulting Party”) shall be entitled to give written notice in the manner prescribed in Section 11 below to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have 20 days from the date of the notice within which to cure the default. If any default is not cured within 20 days, then the Non-Defaulting Party shall be entitled to begin the mediation and arbi- tration proceedings set forth in paragraphs 9.1 and 9.2 below. 9.1. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve among themselves, the Parties agree that there shall be a 21-day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before com- mencement of arbitration. The mediation shall be held under the commer- cial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Chamber and Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter Town shall (on its be- half and on behalf of Chamber) request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an inde- pendent mediator. The cost of mediation shall be divided equally between the mediating Parties. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the mor- atorium period. 9.2. Arbitration. If mediation (paragraph 9.1 above) fails to result in res- olution of the dispute, the dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by all Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award ren- dered by the arbitrator(s) may be entered in a court having jurisdiction. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 41 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 6 - Section 10. Indemnification. Chamber agrees to defend, save, hold harm- less, and indemnify Town, its officials, employees, agents, successors, and as- signs from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and de- mands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from Chamber’s errors, omissions, or negligent acts in the performance of activities pursuant to this Agreement. Section 11. Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To Town: TOWN OF MARANA Director of Economic Development and Tourism 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To Chamber: MARANA CHAMBER OF COMMERCE, INC. President and CEO 13251 N. Lon Adams Rd. Marana, Arizona 85653 Section 12. Waiver. No delay in exercising any right or remedy shall con- stitute a waiver of that right or remedy, and no waiver by Town or Chamber of the breach of any term of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. Section 13. Attorney’s Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasona ble costs and reasonable attorneys’ fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word “lawsuit” in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 42 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 7 - Section 14. Headings. The descriptive headings of this Agreement are in- serted to assist in understanding the meaning and construction of this Agree- ment. Section 15. Recitals. The Recitals set forth at the beginning of this Agree- ment are hereby acknowledged, confirmed to be accurate and incorporated here. Section 16. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. Section 17. Time Essence. Time is of the essence for purposes of this Agreement. Section 18. No Assignment. Chamber’s obligations under this Agreement may not be assigned without the written consent of the Town Manager or de- signee. Section 19. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any part- nership, joint venture or other arrangement between Town and Chamber. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. Section 20. Other Instruments. Each Party shall, promptly upon the re- quest of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evi- dence or give effect to the provisions of this Agreement. Section 21. Imposition of Duty by Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. Section 22. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agree- ment. All prior and contemporaneous agreements, representation and under- standing of the Parties, oral or written, are hereby superseded and merged in this Agreement. Section 23. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed by this Agreement. Section 24. Good Standing; Authority. Chamber represents and warrants to Town that it is duly formed and validly existing under the laws of the State of Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 43 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 8 - Arizona. Town represents and warrants to Chamber that it is an Arizona munic- ipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. Section 25. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. Section 26. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Par- ties agree that any litigation or arbitration shall take place in Pima County, Ari- zona. Section 27. Interpretation. This Agreement has been negotiated by Town and Chamber, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. Section 28. Force Majeure. If any Party is unable to perform under this Agreement by reason of “force majeure,” then the failure to perform shall not constitute a default under this Agreement as long as the non-performing Party uses its best effort to remedy with all reasonable speed the event or condition causing the non-performance and performance can be restored within a reason- able amount of time. “Force majeure” means any condition or event not reason- ably within the control of a Party, including without limitation, “acts of God,” strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidem- ics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Section 29. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts by government en- tities in certain instances involving conflicts of interest. Section 30. Immigration Laws. Chamber warrants that it, and any subcon- tractor who performs any work for Chamber under this Agreement, will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23-214 (A). Chamber acknowledges that pursuant to A.R.S. § 41-4401 and effective Septem- ber 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that Town retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 44 of 263 Exhibit A to Marana Resolution No. 2023-059 00088699.DOCX /2Chamber contract FY 23-24.DOC - 9 - Section 31. Israel Boycott Divestments. Chamber certifies that it is not cur- rently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of Israel as defined by A.R.S. §35-393. Section 32. Effective Date; Term. This Agreement is effective on the date of the last Party’s signature below and shall automatically terminate and shall thereafter be void for all purposes on June 30, 2024, unless sooner terminated by the mutual consent of the Parties. IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. Town: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Chamber: MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c)(6) non-profit corpora- tion By: Printed: Its: Date: Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 45 of 263 00088699.DOCX /2 EXHIBITS A. In-Kind Support and Assistance B. Payment Request Form C. Quarterly Report Form Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 46 of 263 00088699.DOCX /2 EXHIBIT A IN-KIND SUPPORT AND ASSISTANCE Town In-Kind Support to Marana Chamber Impact Marana Program Implementation In-Kind Contribution Type Unit Unit Quantity Program Logo Design Services (Graphic Designer) hour 20 / year Administrative Support Assistance (Assistant to the Town Manager) hour 25 / year Cross Promotion on Town Platforms (Communications Manager) hour 2 / year Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 47 of 263 00088699.DOCX /2 TOWN OF MARANA EXHIBIT B - PAYMENT REQUEST FORM (FY 2023-2024) Agency/Contractor: Marana Chamber of Commerce, Inc. Project Name: Visitor’s Center Operations Prepared by: Name: Title: Authorized by: Authorized Signer Date: Period Reimbursement Requested For: Payment Number: Expenditures This Period: $ + / - Adjustments (Program Income/Other): $ Net Request This Period: $ Line Approved Expenditures Expenditures Item Line Item Description Budget (A) This Period (B) Prior Periods (C) Balance (D) 1. Services Support $ 70,000.00 $ -0- $ -0- $ 70,000.00 2. 3. 4. 5. TOTAL (must total Town of Marana award) $ $ $ $ NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGER APPROVAL: QUARTERLY REPORT RECEIVED:  YES DATE: FINANCE APPROVAL: CHECK NUMBER: DATE: All requests for budget changes are required to be submitted in writing and approved by Economic Development and Tourism. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance measures reports may delay the processing of payment requests. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 48 of 263 00088699.DOCX /2 Town of Marana Quarterly Report – Exhibit C Fiscal Year 2023-2024 Agency Name: Marana Chamber of Commerce, Inc. Project: Visitor’s Center Operations Projected Annual Performance Outcomes and Measurement July 1- September 30 2023 October 1- December 31 2023 January 1- March 31 2024 April 1- June 30 2024 Year-to- Date Totals List of Activities with Date Output: The Chamber will pro- duce and distribute 8,000 Mem- bership Directories. Data Source: Chamber rec- ords Output: The Chamber will dis- tribute 8,000 Marana maps to area merchants, visitor centers, and attractions. Data Source: Chamber rec- ords Output: The Visitor’s Center will operate Monday - Thursday, 9:00 am to 4:00 pm, and Friday 9:00 am to 12:00 pm, observing regular holidays. Data Source: Calendar Output: The Chamber will track the number of hits on the Visitor section on its website. Data Source: Website Counter Output: The Visitor’s Center will track the number of visitors to the center. Data Source: Chamber rec- ords Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 49 of 263      Council-Regular Meeting   C6        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Laine McDonald, Town Magistrate From:Trudi Shumate, Court Administrator Date:June 20, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-060: Relating to Municipal Court; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners for 2023-2024 (Laine McDonald) Discussion: Marana Municipal Court uses technology and staff from the Pima County Adult Detention Center to conduct video hearings for prisoners who have been arrested, held, or sentenced for their Marana Municipal Court charges.  This is the most efficient way to ensure these individuals are seen by a judge in Marana in a timely manner without having to bear the cost, risk, and complications associated with transporting these defendants to the court to be seen in person. The attached IGA is substantially the same as the IGA approved by the Council for 2022-2023.  This resolution approves the agreement and authorizes the Mayor to execute it on behalf of the Town.  The agreement has a one-year term, from July 1, 2023 to June 30, 2024, and may be extended for an additional four years. Financial Impact: Fiscal Year:2023 - 2024 Budgeted Y/N: Y Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 50 of 263 Amount:$12,000 Staff Recommendation: Staff recommends approval of the IGA.   Suggested Motion: I move to adopt Resolution No. 2023-060, approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for the provision of video-court hearings of municipal prisoners for 2023-2024.   Attachments Resolution No. 2023-060 Exhibit A to Resolution Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 51 of 263 1 Marana Resolution No. 2023-060 MARANA RESOLUTION NO. 2023-060 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO -COURT HEARINGS OF MUNICIPAL PRISONERS FOR 2023-2024 WHEREAS individuals who are incarcerated pursuant to charges and orders under the jurisdiction of the Marana Municipal Court are held at the Pima County Adult Detention Center; and WHEREAS the Pima County Adult Detention Center has the staff and technology necessary for these prisoners to appear in Marana Municipal Court via video- conferencing; and WHEREAS the Town of Marana and Pima County desire to enter into an agreement to provide video-court hearings for Marana Municipal Court prisoners; and WHEREAS the parties may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S § 11-952, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners attached as Exhibit A to and incorporated by this reference in this resolution is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 52 of 263 2 Marana Resolution No. 2023-060 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 53 of 263 Exhibit A to Marana Resolution No. 2023-060 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 54 of 263 Exhibit A to Marana Resolution No. 2023-060 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 55 of 263 Exhibit A to Marana Resolution No. 2023-060 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 56 of 263 Exhibit A to Marana Resolution No. 2023-060 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 57 of 263 Exhibit A to Marana Resolution No. 2023-060 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 58 of 263 Exhibit A to Marana Resolution No. 2023-060 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 59 of 263 Exhibit A to Marana Resolution No. 2023-060 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 60 of 263      Council-Regular Meeting   C7        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Wayne Barnett, Deputy Director Parks & Recreation Date:June 20, 2023 Strategic Plan Focus Area: Healthy Lifestyles Strategic Plan Focus Area Additional Info: The Town of Marana's Strategic Plan places an emphasis on Healthy Lifestyles, with a goal of offering a wide variety of recreational programs and amenities for residents of all ages and abilities. Subject:Resolution No. 2023-061: Relating to Parks and Recreation; approving and authorizing the acceptance of grant funding from Gila River Indian Community State-Shared Revenue Program funds for the purchase of exercise equipment to be used in the Marana Senior Wellness Improvement Program; and approving and authorizing the Town Manager to sign any and all documents required to accept the grant (Jim Conroy) Discussion: The Parks and Recreation Department strives to offers a wide variety of services for Marana residence of all ages. The Marana Senior program is one of the department's most popular programs with nearly 500 members. This program provides participants with opportunities to participate in many different activities. Health and Wellness is a major focus of programming in this program. The current Community Center has an exercise room that is available to all members. The equipment in this room is outdated. Providing new equipment will offer safer, more welcoming fitness opportunities for Seniors. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 61 of 263 The passage of Proposition 202 by the voters of Arizona in November 2002 set the stage for new gaming compacts between the State and the respective tribes. An important provision of Proposition 202 is the sharing of gaming revenues with the State. A portion of the revenue to be shared can be retained by a tribe and distributed itself. Specifically, Proposition 202 states: “The Tribe shall make twelve percent (12%) of its total annual contribution under Section 12(B) in either or both of the following forms: (1) Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development. (2) Deposits to the Commerce and Economic Development Commission Local Communities Fund established by A.R.S. Section 41-1505.12.” The Gila River Indian Community (GRIC) has opted for option one above and therefore distributes these “12 percent” funds directly to cities, towns, or counties through our State Shared Revenue Grants Program. Since 2003 the Gila River Indian Community has contributed over 70 million dollars to Arizona communities through this revenue sharing program alone. The Marana Parks & Recreation Department, Senior Program Wellness Improvement, has been selected to receive a grant award in the amount of $19,574.00. In accordance with GRIC guidelines, in order to move this application forward through the final approval process, a resolution from the Town of Marana approving and authorizing the acceptance of the funds for the purposes outlined in the grant application is required.  This document must be provided no later than August 18, 2023.  Financial Impact: Budget funding capacity for this program exists in Fund 2015 (Grants) for FY2024. Staff Recommendation: Staff recommends approval of the resolution. Suggested Motion: I move to adopt Resolution No. 2023-061, approving and authorizing the acceptance of grant funding from Gila River Indian Community State-Shared Revenue Program funds for the purchase of exercise equipment to be used in the Marana Senior Program, and approving and authorizing the Town Manager to sign any and all documents required to accept the grant.  Attachments Resolution No. 2023-061 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 62 of 263 Resolution No. 2023-061 - 1 - MARANA RESOLUTION NO. 2023-061 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE ACCEPTANCE OF GRANT FUNDING FROM GILA RIVER INDIAN COMMUNITY STATE-SHARED REVENUE PROGRAM FUNDS FOR THE PURCHASE OF EXERCISE EQUIPMENT TO BE USED IN THE MARANA SENIOR WELLNESS IMPROVEMENT PROGRAM; AND APPROVING AND AUTHORIZING THE TOWN MANAGER TO SIGN ANY AND ALL DOCUMENTS REQUIRED TO ACCEPT THE GRANT WHEREAS the Gila River Indian Community, through their State-Shared Revenue Program, provides funds to cities, towns, and counties related to government services in the areas of economic development, education, healthcare, public safety, and transportation; and WHEREAS the Town of Marana’s Gila River Indian Community Grant Application (Grant Cycle 2023) dated March 29, 2023 (the “Grant Application”) submitted to the Gila River State-Shared Revenue Program has been recommended for approval, and the Town of Marana is willing to accept $19,574.00 in grant funding to be paid over a period of one year for the Marana Parks & Recreation Department’s Senior Wellness Improvement Program; and WHEREAS the Mayor and Council find that this resolution is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1: The acceptance of grant funding in the amount of $19,574.00, to be paid to the Town of Marana over a period of one year from the Gila River Indian Community State-Shared Revenue Program funds for the purposes outlined in the Town’s Grant Application, is hereby authorized and approved. SECTION 2: The Town Manager is hereby authorized and directed to sign any and all documents necessary to fulfill the acceptance requirements of the Gila River Indian Community State-Shared Revenue Program, and the Town’s Manager and staff are hereby authorized and directed to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the grant. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 63 of 263 Resolution No. 2023-061 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 64 of 263      Council-Regular Meeting   C8        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Jim Conroy, Parks & Recreation Director From:Libby Shelton, Deputy Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Healthy Lifestyles Strategic Plan Focus Area Additional Info: Focus Area 4: Healthy Lifestyles Goal: Offer a wide variety of recreational programs and amenities for residents of all ages and abilities.   Subject:Resolution No. 2023-062: Relating to Parks and Recreation; approving and authorizing the Mayor to execute the first amendment to an intergovernmental agreement for educational services and programming between the Town of Marana and Pima County (Jim Conroy) Discussion: On March 5, 2019, the Town Council approved Resolution No. 2019-018 authorizing an intergovernmental agreement ("IGA") for educational services and programming between the Town of Marana and Pima County.  The IGA authorized collaboration between the Town and Pima County to deliver environmental education and interpretive programs in Marana by authorizing Pima County staff to deliver programming and services at designated Town parks, trails, preserves, and facilities.   On September 6, 2022, the Town of Marana council adopted the Town of Marana Strategic Plan Five, identifying as a focus area "Healthy Lifestyles" with a goal to offer a wide variety of recreational programs and amenities for residents of all ages and abilities.  Approval of this first amendment to the IGA, will extend the term of the IGA for an Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 65 of 263 additional four years from July 1, 2023 through June 30, 2027.  Additionally, the IGA amends the financing structure for the agreement.  The IGA originally provided for the Town to share program revenues and retain 25% of paid registration fees.  The amendment to the IGA would change the financing and have the County invoice the Town $75.00 per class for Outdoor Classes with up to 20 people and $200.00 per class for Workshops with up to 20 people. Financial Impact: This agreement generates revenue for the Town which is immaterial to the Town's overall revenues. Staff Recommendation: Staff recommends approval of the first amendment to the intergovernmental agreement for educational services and programming between the Town of Marana and Pima County. Suggested Motion: I move to adopt Resolution No. 2023-062, approving and authorizing the Mayor to execute the first amendment to an intergovernmental agreement for educational services and programming between the Town of Marana and Pima County. Attachments Resolution No. 2023-062 Exhibit A to Resolution Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 66 of 263 - 1 - Resolution No. 2023-062 RESOLUTION NO. 2023-062 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT FOR EDUCATIONAL SERVICES AND PROGRAMMING BETWEEN THE TOWN OF MARANA AND PIMA COUNTY WHEREAS the Town and Pima County may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS on March 5, 2019, the Town Council approved Resolution No. 2019- 018 executing an intergovernmental agreement (IGA) between the Town of Marana and Pima County authorizing Pima County staff to provide educational services and programming at designated Town parks, trails, preserves, and facilities; and WHEREAS the Town and Pima County seek to amend the IGA to extend the term for another four years from July 1, 2023 through June 30, 2027 and to amend the financing structure of the agreement; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the first amendment to an intergovernmental agreement between the Town of Marana and Pima County for the delivery of educational services and programming at designated Town parks, trails, preserves, and facilities, attached to this resolution and incorporated by this reference as Exhibit A, is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 67 of 263 - 2 - Resolution No. 2023-062 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 68 of 263 Exhibit A to Marana Resolution No. 2023-062 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 69 of 263 Exhibit A to Marana Resolution No. 2023-062 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 70 of 263 Exhibit A to Marana Resolution No. 2023-062 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 71 of 263 Exhibit A to Marana Resolution No. 2023-062 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 72 of 263 05/25/2023 Exhibit A to Marana Resolution No. 2023-062 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 73 of 263      Council-Regular Meeting   C9        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Libby Shelton, Deputy Town Attorney From:Libby Shelton, Deputy Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Vibrant Community Subject:Resolution No. 2023-063: 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 resource officers in support of the District's School Safety Program (Libby Shelton) Discussion: Beginning in 2014, the Marana Unified School District (MUSD), with the support of the Town, has 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. This grant cycle, MUSD again applied for funding for two SRO positions at Marana Middle School and Marana High School.  MUSD was awarded grant funding for both SRO positions for three years.   The grant provides for the salary and benefits of the SROs at Marana Middle School and Marana High School for the next three school calendar years. The officer will be on site at the school during the ten-month school year. During the 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 SROs 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 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 74 of 263 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:2024 Budgeted Y/N:Y Amount:$222,136 Budget capacity was included in the FY2024 budget 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 are to be funded by grants which cover the majority of salary costs.  Staff Recommendation: Staff recommends approval of the service agreement. Suggested Motion: I move adopt Resolution No. 2023-063, approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide two school resource officers in support of the District's School Safety Program. Attachments Resolution No. 2023-063 Exhibit A to Resolution Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 75 of 263 00088962.DOCX /1 Resolution No. 2023-063 - 1 - MARANA RESOLUTION NO. 2023-063 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 RESOURCE OFFICERS IN SUPPORT OF THE DISTRICT’S SCHOOL SAFETY PROGRAM 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 o ne another to further the goals of the District’s School Safety Program; and WHEREAS in the 2023 grant cycle, the District applied for and received funding from the Arizona Department of Education (ADE) to fund two school resource officer (SRO) positions for three years; and WHEREAS the District and the Town desire to enter into a new service agreement that incorporates the new terms of the grant; 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 resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 76 of 263 00088962.DOCX /1 Resolution No. 2023-063 - 2 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 77 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 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 updated 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 individual 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, 2023, and shall terminate on June 30, 2026 (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. 3. Administrative and School Safety Services Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 78 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 2 A. Duties and Obligations of District 1. The District shall provide a teacher to be present in the classroom, at all times, while the SROs implement LRE classroom instruction. The teacher and the SROs shall co-present. 2. The District shall provide a School Administrator who must complete a SRO performance assessment twice a year. The assessment must be shared with the SROs’ supervisors. 3. The School Administrators, not the SROs, are responsible for school discipline. The School Administrators shall not interfere with the duties of the SROs as sworn law enforcement officers. 4. The District shall facilitate collaboration between the SROs 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 meetings and trainings for the SROs 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 SROs involved in the delivery of LRE. 7. The District shall participate in the selection process of the SROs. 8. The District shall provide office space that provides privacy for the SROs. The office shall include the equipment necessary for the SROs 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 SROs 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 SROs shall not be called away from their designated schools. If the SROs are called away for police business (not including mandatory training, meetings or crisis), the District shall Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 79 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 3 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 SROs 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 SROs 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 for 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 SROs 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 Town Council Meeting Agenda Packet June 20, 2023 Page 80 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 4 12. The SROs 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 SROs 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 SROs 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 Town Council Meeting Agenda Packet June 20, 2023 Page 81 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 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 compliance 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 SROs 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 be 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 therefore, 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 Town Council Meeting Agenda Packet June 20, 2023 Page 82 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 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 origin 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 employees, 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 passive 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 Town Council Meeting Agenda Packet June 20, 2023 Page 83 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 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- mentioned 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 solely 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 Town Council Meeting Agenda Packet June 20, 2023 Page 84 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 8 [Signature page follows] Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 85 of 263 Exhibit A to Marana Resolution No. 2023-063 00088963.DOCX /1SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD/TOWN OF MARANA 9 IN WITNESS HEREOF, the parties sign this Agreement: Dated this ____ day of ____________, 2023, 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 of the State of Arizona to the Marana Unified School District. By: _______________________________ Legal Counsel for the Marana Unified School District Dated this _____ day of ___________, 2023, 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 Town Council Meeting Agenda Packet June 20, 2023 Page 86 of 263      Council-Regular Meeting   C10        Meeting Date:06/20/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-064: Relating to the Police Department; approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2023 through June 30, 2024 (Jane Fairall) Discussion: For many years, the Town of Marana and Pima County have had an intergovernmental agreement (IGA) which sets forth a fee schedule for the payment of the costs associated with the incarceration of Town municipal prisoners at the Pima County Jail.  The IGA typically expires at the end of each fiscal year. The proposed IGA is for the time period of July 1, 2023 through June 30, 2024.  Under the IGA, the Town's costs for the first day of prisoner incarceration will decrease from $401.17 to $396.30, and the rate for each additional day thereafter will slightly increase from $107.43 per day to $107.81 per day. Financial Impact: Fiscal Year:2024 Budgeted Y/N:Y Amount:$261,500 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 87 of 263 Funds are budgeted in the General Fund Police Department budget.The financial impact of this increase will depend on the number of people booked during the fiscal year.  Based upon trend, staff reasonably expects for there to be adequate budget capacity for this IGA. Staff Recommendation: Staff recommends approval of the IGA. Suggested Motion: I move to adopt Resolution No. 2023-064, approving and authorizing the Mayor to execute an Intergovernmental Agreement between Pima County and the Town of Marana for payment for the incarceration of municipal prisoners for the period of July 1, 2023 through June 30, 2024. Attachments Resolution No. 2023-064 Exhibit A to Resolution Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 88 of 263 Resolution No. 2023-064 MARANA RESOLUTION NO. 2022-064 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR PAYMENT FOR THE INCARCERA- TION OF MUNICIPAL PRISONERS FOR THE PERIOD OF JULY 1, 20 23 THROUGH JUNE 30, 2024 WHEREAS the Town of Marana and Pima County desire to enter into an agree- ment to provide for payment by the Town for the costs of incarcerating Town municipal prisoners at the Pima County Adult Detention Center (PCADC); and WHEREAS the parties may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the intergovernmental agreement for the incar- ceration of municipal prisoners for the period of July 1 , 2023 through June 30, 2024, at- tached to this resolution as Exhibit A, and authorizing the Mayor to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 89 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 90 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 91 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 92 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 93 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 94 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 95 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 96 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 97 of 263 Exhibit A to Marana Resolution No. 2023-064 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 98 of 263      Council-Regular Meeting   C11        Meeting Date:06/20/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Thriving Commerce,  Proactive Public Services Subject:Resolution No. 2023-065: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Jihong Kai, LLC for the construction of Driveway improvements as part of the Tangerine Road widening project Phase 2A (Jane Fairall) Discussion: Jihong Kai, LLC ("Kai") owns approximately 130 acres of land located on the south side of Tangerine Road, approximately one-third of a mile east of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel number 216-12-0190 (the “Subject Property"). Kai intends to develop the Subject Property in the future, for which Kai needs a driveway (the “Driveway Improvements”). The Town of Marana has entered into a design contract with Psomas, Inc. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”). Additionally, Marana has selected Borderland Construction Company, Inc. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project.  Kai has requested that the Town build the Driveway Improvements as a part of its Road Project, with Kai being responsible for all design and construction costs. The proposed public improvement participation agreement ("PIPA") provides that Kai shall deposit with the Town the full anticipated costs of design and construction of the Driveway Improvements ($15,997.55) in order for the Town to complete the Driveway Improvements for Kai.  No later than 30 days after substantial completion of the Driveway Improvements, the Town will provide to Kai an itemized statement of the Town's construction and design costs for the Driveway Improvements and a check or invoice representing the difference between Marana’s costs and Kai’s cash deposit. If Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 99 of 263 invoice representing the difference between Marana’s costs and Kai’s cash deposit. If Kai’s cash deposit was insufficient to cover Kai’s obligations under this Agreement, Kai will pay Marana the balance of the construction and design costs for the Driveway Improvements as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Kai. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. It is anticipated that the Driveway Improvements for and on the Subject Property will be completed by August 2024. Financial Impact: No financial impact to the Town is anticipated due to this agreement, as Jihong Kai, LLC will pay for all costs associated with the Driveway Improvements. Staff Recommendation: Staff recommends approval of the PIPA. Suggested Motion: I move to adopt Resolution No. 2023-065, approving and authorizing the Mayor to sign a public improvement participation agreement with Jihong Kai, LLC for the construction of Driveway improvements as part of the Tangerine Road widening project Phase 2A. Attachments Resolution No. 2023-065 Kai Tangerine PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 100 of 263 00089341.DOCX /1 Resolution No. 2023-065 - 1 - MARANA RESOLUTION NO. 2023-065 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT WITH JIHONG KAI, LLC FOR THE CONSTRUCTION OF DRIVEWAY IMPROVEMENTS AS PART OF THE TANGERINE ROAD WIDENING PROJECT PHASE 2A WHEREAS the Town has entered into a design contract with Psomas, Inc. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”), and has selected Borderland Construction Company, Inc. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project; and WHEREAS Jihong Kai, LLC (“Kai”) owns approximately 130 acres of land located on the south side of Tangerine Road, approximately one-third of a mile east of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel number 216-12-0190 (the “Subject Property”); and WHEREAS Kai intends to develop the Subject Property in the future, for which Kai needs a driveway (the “Driveway Improvements”); and WHEREAS Town staff has negotiated an agreement with Kai to assure payment of all costs associated with the construction of the Driveway Improvements as part of the Road Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the construction of the Driveway Improvements as part of the Road Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement with Jihong Kai, LLC for the construction of the Driveway Improvements as part of the Road Project, in the form provided in the agenda materials associated with this Council agenda item, is hereby approved, and the Mayor is authorized to sign it for and on behalf of the Town of Marana. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 101 of 263 00089341.DOCX /1 Resolution No. 2023-065 - 2 - 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 agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 102 of 263 00088553.DOCX /1 6/12/2023 2:36 PM KAI/MARANA TANGERINE ROAD PIPA - 1 - PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA, ARIZONA This Public Improvement Participation Agreement (this “Agreement”) is made and entered into by and between JIHONG KAI, LLC, an Arizona limited liability company (“Kai”), and the TOWN OF MARANA, an Arizona municipal corporation (“Marana”). Kai and Marana are sometimes collectively referred to in this Agreement as the “Parties,” either of which is sometimes referred to as a “Party.” RECITALS A. Marana has entered into a design contract with PSOMAS, INC. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”). Additionally, Marana has selected BORDERLAND CONSTRUCTION COMPANY, INC. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project. B. Kai owns approximately 130 acres of land located on the south side of Tangerine Road, approximately one-third of a mile east of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel number 216-12-0190 and referred to in this Agreement as the “Subject Property.” C. Kai intends to develop the Subject Property in the future, for which Kai needs a driveway (the “Driveway Improvements”). D. Construction of the Road Project is expected to be underway by June 2023. E. The Parties believe that the most economical and least disruptive way to accomplish the prompt Driveway Improvements for and on the Subject Property is for the Parties to arrange to have the work completed by Borderland, with design by Psomas, in connection with the construction of the Road Project. F. Borderland has provided the Parties with a proposed price of $14,045.55 for the Driveway Improvements. Psomas has provided the Parties with a proposed price of $1,952.00 for additional design work needed for the Driveway Improvements. True and correct copies of Borderland’s and Psomas’s proposals are attached to and incorporated in this Agreement as Exhibit A collectively. G. The purpose of this Agreement is to facilitate Marana’s completion of the Driveway Improvements for and on the Subject Property as part of the Road Project with design and construction funding provided by Kai. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: 1. Depiction of the Driveway Improvements for and on the Subject Property. The Driveway Improvements depiction attached as Exhibit B show the nature and extent of the work Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 103 of 263 00088553.DOCX /1 6/12/2023 2:36 PM KAI/MARANA TANGERINE ROAD PIPA - 2 - to be completed by Borderland pursuant to this Agreement, which Marana and Borderland shall incorporate into the Road Project design. 2. Grant of right of entry and temporary construction easement. Kai hereby grants Marana and Borderland a right of entry and temporary construction easement over the Subject Property, to accommodate completion of the Driveway Improvements located on the Subject Property. 3. Kai’s obligation to pay costs for the Driveway Improvements as described in Exhibit A. Kai shall pay all costs associated with the completion of the Driveway Improvements for and on the Subject Property. Marana and Kai agree that the construction costs for the Driveway Improvements are anticipated to be $14,045.55, and that the additional design costs for the Driveway Improvements are anticipated to be $1,952.00, as itemized and attached to this Agreement as Exhibit A. Marana and Kai anticipate that the Driveway Improvements for and on the Subject Property will be completed by August 2024. 4. Cash deposit to secure Kai’s obligations under this Agreement. Kai’s obligations under this Agreement, including without limitation Kai’s obligations under paragraph 3 above, shall be secured by a cash deposit to Marana in the amount of $15,997.55, referred to in this Agreement as “Kai’s Cash Deposit.” Kai shall provide Kai’s Cash Deposit to the Town within 15 business days after the Effective Date of this Agreement. 5. Reconciliation and final payment. No later than 30 days after substantial completion of the Driveway Improvements for and on the Subject Property, Marana shall provide to Kai an itemized statement of Marana’s construction and design costs for the Driveway Improvements for and on the Subject Property and a check or invoice representing the difference between Marana’s costs and Kai’s Cash Deposit. If Kai’s Cash Deposit was insufficient to cover Kai’s obligations under this Agreement, Kai shall pay Marana the balance of the construction and design costs for the Driveway Improvements for and on the Subject Property as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Kai. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 6. Recording. This Agreement shall not be recorded. 7. Notices. All notices shall be in writing and shall be sufficiently given and served upon the other Party by electronic mail, receipt of which has been acknowledged by the other Party, or by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: Kai: JIHONG KAI, LLC c/o Jihong Kai, Manager 8217 N. Fairway View Drive Tucson, AZ 85742 Marana: TOWN OF MARANA c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 8. Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 104 of 263 00088553.DOCX /1 6/12/2023 2:36 PM KAI/MARANA TANGERINE ROAD PIPA - 3 - obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 9. Court costs and reasonable attorneys’ fees to prevailing Party in dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and costs determined pursuant to A.R.S. § 12-341.01. 10. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 11. Cancellation for conflicts. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 12. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 13. Effective Date of Agreement. The date of this Agreement (the “Effective Date”) shall for all purposes be the date of the Mayor’s signature on this Agreement. [SIGNATURE PAGE FOLLOWS] Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 105 of 263 00088553.DOCX /1 6/12/2023 2:36 PM KAI/MARANA TANGERINE ROAD PIPA - 4 - Kai: JIHONG KAI, LLC, an Arizona limited liability company By: Jihong Kai, Manager Date: Marana: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by Jihong Kai, Manager of JIHONG KAI, LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 106 of 263 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES AMOUNT $ 10,734.62 $ 536.73 $ 11,271.35 $ - $ 906.22 $ 37.44 $ 125.01 $ 1,068.67 $ 12,340.02 $ 840.25 $ 13,180.27 $ 865.28 $ 14,045.55 $ - $ 14,045.55 For supporting documentation - see also: Attachment #2 - Concept Driveway Configuration Exhibit Attachment #1 - Schedule of Values PIPA - COST SUMMARY OTHER PROJECT COSTS: IX. Owner's Contingency SUBTOTAL (Direct Cons. Cost + Gen Cond + Overhead + Insurance + Bonds + Fee) VIII. Arizona Gross Receipts Tax CONSTRUCTION COSTS: I. Cost of Construction II. CMAR Contingency SUBTOTAL (Direct Construction Cost) INDIRECT CONSTRUCTION COSTS: VI. Payment and Performance Bonds ESTIMATED TOTAL CONTRACT COST (if constructed simultaneously with Tangerine Rd Phase 2A project) CONSTRUCTION Town of Marana Marana Project Number: ST098 Updated: April 18, 2023 TANGERINE RD PHASE 2A (KAI DRIVEWAY SOUTH OF TRICO - REIMBURSEMENT ITEMS ONLY) SUBTOTAL (Direct Construction Cost + Indirect Construction Cost) ESTIMATED TOTAL CMAR COST (Future Anticipated GMP Amount) III. General Conditions IV. Overhead VII. Construction Fee V. General Liability Insurance SUBTOTAL (Indirect Construction Cost) ST098 - Tangerine Road Phase 2A CMAR Pre-Construction Services PIPA COST SUMMARY Page 1 of 3 Exhibit A to Kai/Marana Tangerine Road PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 107 of 263 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount 1 - 2 - $ - 3 2010011 Clearing and Grubbing LS 1.00 $ 77.57 $ 77.57 4 2030300 Roadway Excavation (190 SY)LS 1.00 $ 1,858.47 $ 1,858.47 5 3030003 Aggregate Base CY 22.00 $ 92.19 $ 2,028.18 6 4060001 Asphaltic Concrete (No. 1)TON 32.00 $ 117.75 $ 3,768.00 7 9080402 Concrete Header LF 80.00 $ 32.53 $ 2,602.40 8 9250001 Construction Survey and Layout LS 1.00 $ 400.00 $ 400.00 9 $ - 10 - $ 10,734.62 11 - 12 299.004 UNFORESEEN CONDITIONS/MATERIAL OR FUEL INCREASES (5% OF COST OF CONS.) LS 1.00 $ 536.73 $ 536.73 13 299.100 $ 536.73 14 - $ 11,271.35 15 - 16 - 17 - 18 300.001 N/A - to occur simultaneously with Tangerine Rd Phase 2A Construction - - $ - $ - 19 300.100 $ - 20 - $ 11,271.35 21 400.100 IV. CMAR OVERHEAD (8.04% of Subtotal C)LS 1.00 $ 906.22 $ 906.22 22 - $ 12,177.57 ATTACHMENT #1 - SCHEDULE OF VALUES COST OF CONSTRUCTION - LINE ITEMS SUBTOTAL SUBTOTAL A. (DIRECT CONSTRUCTION COSTS) TANGERINE RD PHASE 2A (KAI DRIVEWAY SOUTH OF TRICO - REIMBURSEMENT ITEMS ONLY) Updated: April 18, 2023 CMAR CONTINGENCY - LINE ITEMS SUBTOTAL I. COST OF CONSTRUCTION - LINE ITEMS II. CMAR CONTINGENCY KAI DRIVEWAY (SOUTH OF TRICO) (to be constructed simultaneously with Tangerine Rd Phase 2A project) SUBTOTAL C. (DIRECT COSTS + GENERAL CONDITIONS) INDIRECT CONSTRUCTION COSTS III. GENERAL CONDITIONS SUBTOTAL B. (III. GENERAL CONDITIONS) SUBTOTAL D. (DIRECT COSTS + GENERAL CONDITIONS + OVERHEAD) KAI DRIVEWAY (SOUTH OF TRICO) ST098 - Tangerine Road Phase 2A CMAR Pre-Construction Services Att #1-Schedule of Values Page 2 of 3 Exhibit A to Kai/Marana Tangerine Road PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 108 of 263 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount ATTACHMENT #1 - SCHEDULE OF VALUES TANGERINE RD PHASE 2A (KAI DRIVEWAY SOUTH OF TRICO - REIMBURSEMENT ITEMS ONLY) Updated: April 18, 2023 23 700.100 VII. CONSTRUCTION FEE (6.90% of Subtotal D)LS 1.00 $ 840.25 $ 840.25 24 500.100 V.a. GENERAL LIABILITY INSURANCE (0.2876% of Subtotal D + VIII + V)LS 1.00 $ 37.44 $ 37.44 25 600.100 VI. PAYMENT & PERFORMANCE BONDS LS 1.00 $ 125.01 $ 125.01 26 - $ 13,180.27 27 800.100 $ 865.28 28 - $ 14,045.55 29 - 30 900.001 N/A - Excluded - 0.00 $ - $ - 31 900.100 $ - 32 $ 14,045.55 ESTIMATED TOTAL CONTRACT COST IX. OWNER'S CONTINGENCY SUBTOTAL E. (SUBTOTAL D + VIII + V + VI + VII) ESTIMATED TOTAL CMAR COST (Future Anticipated GMP Amount) SUBTOTAL F. (OWNER'S CONTINGENCY) VIII. TOWN OF MARANA SALES TAX (10.1% at 65% of Subtotal E) ST098 - Tangerine Road Phase 2A CMAR Pre-Construction Services Att #1-Schedule of Values Page 3 of 3 Exhibit A to Kai/Marana Tangerine Road PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 109 of 263 ST098 Tangerine Rd Kai Driveway PIPA PSOMAS ESTIMATED DIRECT LABOR (Psomas) Classification Estimated Man-hours Burdened Labor Rate Burdened Labor Costs Project Principal 0 $251.00 -$ Sr. Project Manager 2 $202.00 404.00$ Sr. Engineer 4 $167.00 668.00$ Project Engineer 0 $137.00 -$ Designer 8 $110.00 880.00$ GIS Sr. Consultant 0 $260.00 -$ Survey Manager 0 $151.00 -$ Project Surveyor 0 $141.00 -$ 2-Man Survey Crew 0 $160.00 -$ Administration 0 $92.00 -$ Party Chief 0 $90.00 -$ Survey Tech 0 $90.00 -$ Total 14 Total Estimated Labor (Psomas)1,952.00$ ESTIMATED DIRECT EXPENSES (Psomas and Subs: Listed by Item at Estimated Actual Cost) Item Quantity Amount Total -$ -$ -$ -$ -$ -$ Direct Expenses TOTAL -$ Subconsultant Total -$ -$ -$ -$ -$ -$ -$ -$ Sub-Consultant TOTAL -$ TOTAL ESTIMATED LABOR (Psomas)1,952.00$ TOTAL ESTIMATED DIRECT COSTS (Psomas)-$ TOTAL ESTIMATED OUTSIDE SERVICES (not to exceed)-$ SUBTOTAL 1,952.00$ TOTAL ESTIMATED COST 1,952.00$ ADDITIONAL SERVICES (To be authorized by Town on an as-needed basis)-$ CONTRACT TOTAL 1,952.00$ Rev 4/13/23 1 Exhibit A to Kai/Marana Tangerine Road PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 110 of 263 Exhibit B to Kai/Marana Tangerine Road PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 111 of 263      Council-Regular Meeting   C12        Meeting Date:06/20/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Thriving Commerce,  Proactive Public Services Subject:Resolution No. 2023-066: Relating to Public Works; approving and authorizing the Mayor to sign a public improvement participation agreement with Trico Electric Cooperative, Inc for the construction of water improvements as part of the Tangerine Road water main project (Jane Fairall) Discussion: Trico Electric Cooperative ("Trico") owns approximately 35 acres of land located on the north side of Tangerine Road,  approximately one-half mile east of the Interstate 10 and Tangerine Road traffic interchange (the “Subject Property”). Trico operates its headquarters on the Subject Property, for which Trico needs certain water improvements (the “Water Improvements”). The Town of Marana has entered into a design contract with Psomas, Inc. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”). Additionally, Marana has selected Borderland Construction Company, Inc. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project. As a part of the Road Project, Marana will also construct a water main, Town of Marana Project No. WT053 (the “Water Main Project”). Psomas and Borderland are the design professional and CMAR, respectively, for the Water Main Project as well. Trico has requested that the Town build the Water Improvements as a part of its Water Main Project, with Trico being responsible for all design and construction costs. The proposed public improvement participation agreement ("PIPA") provides that Trico shall deposit with the Town the full anticipated costs of design and construction of the Water Improvements ($297,967.27) in order for the Town to complete the Water Improvements for Trico.  No later than 30 days after substantial completion of the Water Improvements, the Town will provide to Trico an itemized statement of the Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 112 of 263 Water Improvements, the Town will provide to Trico an itemized statement of the Town's construction and design costs for the Water Improvements and a check or invoice representing the difference between Marana’s costs and Trico's cash deposit. If Trico’s cash deposit was insufficient to cover Trico’s obligations under this Agreement, Trico will pay Marana the balance of the construction and design costs for the Water Improvements as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Trico. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. Construction of the Water Main Project is currently underway. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2023-066, approving and authorizing the Mayor to sign a public improvement participation agreement with Trico Electric Cooperative, Inc for the construction of water improvements as part of the Tangerine Road water main project. Attachments Resolution No. 2023-066 Trico Tangerine Road PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 113 of 263 00088896.DOCX /1 Resolution No. 2023-066 - 1 - MARANA RESOLUTION NO. 2023-066 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT WITH TRICO ELECTRIC COOPERATIVE, INC. FOR THE CONSTRUCTION OF WATER IMPROVEMENTS AS PART OF THE TANGERINE ROAD WATER MAIN PROJECT WHEREAS the Town has entered into a design contract with Psomas, Inc. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”), and has selected Borderland Construction Company, Inc. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project; and WHEREAS as a part of the Road Project, the Town will also construct a water main, Town of Marana Project No. WT053 (the “Water Main Project”) and Psomas and Borderland are the design professional and CMAR, respectively, for the Water Main Project as well; and WHEREAS Trico Electric Cooperative, Inc. (“Trico”) owns approximately 35 acres of land located on the north side of Tangerine Road, approximately one-half mile east of the Interstate 10 and Tangerine Road traffic interchange, bearing Pima County Assessor’s Parcel number 218-49-011A (the “Subject Property”); and WHEREAS Trico operates its headquarters on the Subject Property, for which Trico needs certain water improvements (the “Water Improvements”); and WHEREAS Town staff has negotiated an agreement with Trico to assure payment of all costs associated with the construction of the Water Improvements as part of the Water Main Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the construction of the Water Improvements as part of the Water Main Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement with Trico Electric Cooperative, Inc. for the construction of the Water Improvements as part of the Water Main Project, in the form provided in the agenda materials associated with this Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 114 of 263 00088896.DOCX /1 Resolution No. 2023-066 - 2 - Council agenda item, is hereby approved, and the Mayor is authorized to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 115 of 263 00088541.DOCX /2 5/31/2023 11:46 AM TRICO/MARANA TANGERINE ROAD PIPA - 1 - PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA, ARIZONA This Public Improvement Participation Agreement (this “Agreement”) is made and entered into by and between TRICO ELECTRIC COOPERATIVE, INC., an Arizona non-profit corporation (“Trico”), and the TOWN OF MARANA, an Arizona municipal corporation (“Marana”). Trico and Marana are sometimes collectively referred to in this Agreement as the “Parties,” either of which is sometimes referred to as a “Party.” RECITALS A. Marana has entered into a design contract with PSOMAS, INC. (“Psomas”) for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No. ST098 (the “Road Project”). Additionally, Marana has selected BORDERLAND CONSTRUCTION COMPANY, INC. (“Borderland”) as the Construction Manager at Risk (“CMAR”) for the Road Project. B. As a part of the Road Project, Marana will also construct a water main, Town of Marana Project No. WT053 (the “Water Main Project”). Psomas and Borderland are the design professional and CMAR, respectively, for the Water Main Project as well. C. Trico owns approximately 35 acres of land located on the north side of Tangerine Road, approximately one-half mile east of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor’s Parcel number 218-49-011A and referred to in this Agreement as the “Subject Property.” D. Trico operates its headquarters on the Subject Property, for which Trico needs certain water improvements (the “Water Improvements”). E. Construction of the Water Main Project is currently underway. F. The Parties believe that the most economical and least disruptive way to accomplish the prompt Water Improvements for and on the Subject Property is for the Parties to arrange to have the work completed by Borderland, with design by Psomas, in connection with the construction of the Water Main Project. G. Borderland has provided the Parties with a proposed price of $296,467.27 for the Water Improvements. Psomas has provided the Parties with a proposed price of $1,500.00 for additional design work needed for the Water Improvements. True and correct copies of Borderland’s and Psomas’s proposals are attached to and incorporated in this Agreement as Exhibit A collectively. H. The purpose of this Agreement is to facilitate Marana’s completion of the Water Improvements for and on the Subject Property as part of the Water Main Project with design and construction funding provided by Trico. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 116 of 263 00088541.DOCX /2 5/31/2023 11:46 AM TRICO/MARANA TANGERINE ROAD PIPA - 2 - AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: 1. Depiction of the Water Improvements for and on the Subject Property. The Water Improvements depiction attached as Exhibit B show the nature and extent of the work to be completed by Borderland pursuant to this Agreement, which Marana and Borderland shall incorporate into the Water Main Project design. 2. Grant of right of entry and temporary construction easement. Trico hereby grants Marana and Borderland a right of entry and temporary construction easement over the Subject Property, to accommodate completion of the Water Improvements located on the Subject Property. 3. Trico’s obligation to pay costs for the Water Improvements as described in Exhibit A. Trico shall pay all costs associated with the completion of the Water Improvements for and on the Subject Property. Marana and Trico agree that the construction costs for the Water Improvements are anticipated to be $296,467.27, and that the additional design costs for the Water Improvements are anticipated to be $1,500.00, as itemized and attached to this Agreement as Exhibit A. Marana and Trico anticipate that the Water Improvements for and on the Subject Property will be completed by September 2023. 4. Cash deposit to secure Trico’s obligations under this Agreement. Trico’s obligations under this Agreement, including without limitation Trico’s obligations under paragraph 3 above, shall be secured by a cash deposit to Marana in the amount of $297,967.27, referred to in this Agreement as “Trico’s Cash Deposit.” Trico shall provide Trico’s Cash Deposit to the Town within 15 business days after the Effective Date of this Agreement. 5. Reconciliation and final payment. During design and construction, Marana will provide Trico with timely (within 3 days of receipt by Marana) written notice of any change orders, updated cost estimates, updated project schedules, or other documentation of changes in cost or schedule. No later than 30 days after substantial completion of the Water Improvements for and on the Subject Property, Marana shall provide to Trico an itemized statement of Marana’s construction and design costs for the Water Improvements for and on the Subject Property (along with such reasonable documentation of such costs as may be requested by Trico) and a check or invoice representing the difference between Marana’s costs and Trico’s Cash Deposit. If Trico’s Cash Deposit was insufficient to cover Trico’s obligations under this Agreement, Trico shall pay Marana the balance of the construction and design costs for the Water Improvements for and on the Subject Property as set forth in the invoice within 30 days after the itemized statement and invoice are provided to Trico. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. All invoices, documentation, and updates to Trico shall be sent to Charlie Gourdin (cgourdin@trico.coop) and Eric Hawkins (ehawkins@trico.coop). 6. Recording. This Agreement shall not be recorded. 7. Notices. All notices shall be in writing and shall be sufficiently given and served upon the other Party by electronic mail, receipt of which has been acknowledged by the other Party, or by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 117 of 263 00088541.DOCX /2 5/31/2023 11:46 AM TRICO/MARANA TANGERINE ROAD PIPA - 3 - Trico: TRICO ELECTRIC COOPERATIVE,, INC. c/o Eric Hawkins, COO and General Counsel P.O. Box 930 Marana, AZ 85653 Copy to: legal@trico.coop Marana: TOWN OF MARANA c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 8. Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 9. Court costs and reasonable attorneys’ fees to prevailing Party in dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and costs determined pursuant to A.R.S. § 12-341.01. 10. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 11. Cancellation for conflicts. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 12. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 13. Effective Date of Agreement. The date of this Agreement (the “Effective Date”) shall for all purposes be the date of the Mayor’s signature on this Agreement. [SIGNATURE PAGE FOLLOWS] Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 118 of 263 00088541.DOCX /2 5/31/2023 11:46 AM TRICO/MARANA TANGERINE ROAD PIPA - 4 - Trico: TRICO ELECTRIC COOPERATIVE, INC., an Arizona non-profit corporation By: Eric Hawkins, COO and General Counsel Date: Marana: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by Eric Hawkins, COO and General Counsel of TRICO ELECTRIC COOPERATIVE, INC., an Arizona non-profit corporation, on behalf of the corporation. (Seal) Notary Public Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 119 of 263 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES AMOUNT $ 215,615.36 $ 6,468.46 $ 222,083.82 $ 11,594.22 $ 18,787.71 $776.19 $ 2,086.19 $ 33,244.31 $ 255,328.13 $ 17,420.14 $ 272,748.27 $ 17,905.92 $ 290,654.19 $ 5,813.08 $ 296,467.27 For supporting documentation - see also: Attachment #1 - Schedule of Values PIPA - COST SUMMARY OTHER PROJECT COSTS: IX. Owner's Contingency SUBTOTAL (Direct Cons. Cost + Gen Cond + Overhead + Insurance + Bonds + Fee) VIII. Arizona Gross Receipts Tax CONSTRUCTION COSTS: I. Cost of Construction II. CMAR Contingency SUBTOTAL (Direct Construction Cost) INDIRECT CONSTRUCTION COSTS: VI.Payment and Performance Bonds ESTIMATED TOTAL CONTRACT COST CONSTRUCTION Water & Water Reclamation Town of Marana Marana Project Number: WT053 Updated: February 16, 2023 TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 2 - TRICO REIMBURSEMENT ITEMS ONLY) SUBTOTAL (Direct Construction Cost + Indirect Construction Cost) ESTIMATED TOTAL CMAR COST (Future Anticipated GMP Amount) III. General Conditions IV.Overhead VII.Construction Fee V. General Liability Insurance SUBTOTAL (Indirect Construction Cost) WT053 - 16" Transmission Main CMAR Pre-Construction Services PIPA COST SUMMARY Page 1 of 3 Exhibit A to TRICO/MARANA TANGERINE ROAD PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 120 of 263 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount 1 - 2 - $- 3 1060000 Contractor Quality Control (Compaction Testing)AL 1.00 $ 5,000.00 $ 5,000.00 4 2020029 Removal Of Bituminous Pavement SY 60.00 $ 11.75 $705.00 5 4060011 Pavement Patch (SD-650) (Type 2) (6" RAP ABC, 4" PAG#1 W/RAP)SY 60.00 $ 171.89 $ 10,313.40 6 5101112A Potable Water Pipe, DI, 12" (CL 350) (Material Buy Only)LF 464.00 $ 102.94 $ 47,764.16 7 5101112B Potable Water Pipe, DI, 12" (CL 350) (Installation Only)LF 464.00 $ 108.07 $ 50,144.48 8 5102212A Potable Water, Gate Valve, 12" (Box & Cover) (Material Buy Only)EA 4.00 $ 3,817.19 $ 15,268.76 9 5102212B Potable Water, Gate Valve, 12" (Box & Cover) (Installation Only)EA 4.00 $ 717.51 $ 2,870.04 10 5102216A Potable Water, Gate Valve, 16" (Box & Cover) (Material Buy Only)EA 2.00 $ 9,071.93 $ 18,143.86 11 5102216B Potable Water, Gate Valve, 16" (Box & Cover) (Installation Only)EA 2.00 $ 1,067.76 $ 2,135.52 12 5102608A Potable Water, Combination Air Release Valve, 2" (Box & Cover) (Material Buy Only) EA 2.00 $ 5,226.08 $ 10,452.16 13 5102608B Potable Water, Combination Air Release Valve, 2" (Box & Cover) (Installation Only) EA 2.00 $ 2,259.34 $ 4,518.68 14 5102802A Potable Water, Modified Drain Valve Assembly (Material Buy Only)EA 2.00 $ 1,992.62 $ 3,985.24 15 5102802B Potable Water, Modified Drain Valve Assembly (Installation Only)EA 2.00 $ 1,521.37 $ 3,042.74 16 7010005 Temporary Traffic Control LS 1.00 $ 10,100.00 $ 10,100.00 17 7010100 Provide Detours (Temporary Shoulder Widening - Traffic Maintained On Compacted Millings) EA 2.00 $ 7,261.52 $ 14,523.04 18 9010001 Mobilization LS 1.00 $ 11,648.28 $ 11,648.28 19 9250001 Construction Survey And Layout AL 1.00 $ 5,000.00 $ 5,000.00 20 - $ 215,615.36 ATTACHMENT #1 - SCHEDULE OF VALUES COST OF CONSTRUCTION - LINE ITEMS SUBTOTAL TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 2 - TRICO REIMBURSEMENT ITEMS ONLY) Updated: February 16, 2023 I. COST OF CONSTRUCTION - LINE ITEMS PHASE 2 - TRICO 12" WATER LATERALS WT053 - 16" Transmission Main CMAR Pre-Construction Services Att #1-Schedule of Values Page 2 of 3 Exhibit A to TRICO/MARANA TANGERINE ROAD PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 121 of 263 CONSTRUCTION MANAGER AT-RISK (CMAR) - PRE-CONSTRUCTION SERVICES Line No. Item No.Item Description Unit Quantity Unit Cost Extended Amount ATTACHMENT #1 - SCHEDULE OF VALUES TANGERINE RD 16-INCH X-ZONE TRANSMISSION MAIN (PHASE 2 - TRICO REIMBURSEMENT ITEMS ONLY) Updated: February 16, 2023 21 - 22 299.004 UNFORESEEN CONDITIONS (3% OF TRICO COST OF CONS.)LS 1.00 $ 6,468.46 $ 6,468.46 23 299.100 $ 6,468.46 24 - $ 222,083.82 25 - 26 - 27 - 28 300.001 FIELD ENGINEER WK 0.00 $ 2,304.00 $- 29 300.002 SUPERINTENDENT (1/4 TIME)WK 1.00 $ 4,350.00 $ 4,350.00 30 300.003 SMALL TOOLS/GPS WK 2.00 $ 500.00 $ 1,000.00 31 300.004 PORTABLE RESTROOMS MO 1.00 $ 500.00 $500.00 32 300.005 TRASH DUMPSTER MO 1.00 $ 750.00 $750.00 33 300.006 STORAGE CONTAINER MO 1.00 $ 300.00 $300.00 34 300.007 TEMPORARY STAGING/ MATERIAL STORAGE YARD LS 0.33 $ 6,649.16 $ 2,194.22 35 300.008 PERMIT ALLOWANCE (AIR QUALITY/SWPPP/ROW/ETC.)LS 1.00 $ 2,500.00 $ 2,500.00 36 300.100 $ 11,594.22 37 - $ 233,678.04 38 400.100 IV. CMAR OVERHEAD (8.04% of Subtotal C)LS 1.00 $ 18,787.71 $ 18,787.71 39 - $ 252,465.75 40 700.100 VII. CONSTRUCTION FEE (6.90% of Subtotal D)LS 1.00 $ 17,420.14 $ 17,420.14 41 500.100 V.a. GENERAL LIABILITY INSURANCE (0.2876% of Subtotal D + VIII + V)LS 1.00 $ 776.19 $776.19 42 600.100 VI. PAYMENT & PERFORMANCE BONDS LS 1.00 $ 2,086.19 $ 2,086.19 43 - $ 272,748.27 44 800.100 $ 17,905.92 45 - $ 290,654.19 46 - 47 900.001 OWNER-DIRECTED CHANGES AND/OR UNFORESEEN SITE CONDITIONS (2% OF ANTICIPATED GMP AMOUNT) LS 1.00 $ 5,813.08 $ 5,813.08 48 900.100 $ 5,813.08 49 $ 296,467.27 SUBTOTAL A. (DIRECT CONSTRUCTION COSTS) CMAR CONTINGENCY - LINE ITEMS SUBTOTAL II. CMAR CONTINGENCY ESTIMATED TOTAL CONTRACT COST SUBTOTAL C. (DIRECT COSTS + GENERAL CONDITIONS) INDIRECT CONSTRUCTION COSTS III. GENERAL CONDITIONS IX.OWNER'S CONTINGENCY SUBTOTAL B. (III. GENERAL CONDITIONS) SUBTOTAL D. (DIRECT COSTS + GENERAL CONDITIONS + OVERHEAD) SUBTOTAL E. (SUBTOTAL D + VIII + V + VI + VII) ESTIMATED TOTAL CMAR COST (Future Anticipated GMP Amount) SUBTOTAL F. (OWNER'S CONTINGENCY) VIII. TOWN OF MARANA SALES TAX (10.1% at 65% of Subtotal E) PHASE 2 - TRICO 12" WATER LATERALS WT053 - 16" Transmission Main CMAR Pre-Construction Services Att #1-Schedule of Values Page 3 of 3 Exhibit A to TRICO/MARANA TANGERINE ROAD PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 122 of 263 01/26/2023 Tangerine Road 16-inch X-Zone Transmission Main Mandarina Blvd to Marana Tech Park Task Project Manager (Hours) PM Rate Project Engineer (Hours) PE Rate AMOUNT 2 $202.00 $404.00 8 $137.00 $1,096.00 $1,500.00 Lateral Relocation for Trico Driveway Total for Trico T:\7TMA210204\ENGR\COST EST\Sealed Tangerine Water Main Ext_2023-01-06.xlsx Exhibit A to TRICO/MARANA TANGERINE ROAD PIPA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 123 of 263 COMW14 W18LATERAL PLAN AND PROFILE - PHASE 2 TOWN OF MARANA - PROJECT NO. WT053 FOR TANGERINE RD 16-INCH X-ZONE MANDARINA BLVD TO MARANA TECH PARK FOR TRANSMISSION MAIN Exhibit B to TRICO/MARANA TANGERINE ROAD PIPAMarana Regular Town Council Meeting Agenda Packet June 20, 2023Page 124 of 263      Council-Regular Meeting   C13        Meeting Date:06/20/2023   To:Mayor and Council From:Jing Luo, Water Director Date:June 20, 2023 Strategic Plan Focus Area: Proactive Public Services Subject:Resolution No. 2023-067: Relating to Utilities; authorizing Town staff to apply for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund the design and construction costs for a Marana Park emerging contaminants water treatment facility (Jing Luo) Discussion: The United States Environmental Protection Agency (EPA) has proposed a Maximum Contaminant Level (MCL) related to perfluorinated compounds (PFAS) at a lower threshold than what is currently existing at wells feeding the North Marana water system. The main facility that serves this system is the Marana Park facility, where water from two existing wells is pumped into an existing one-million-gallon reservoir, afterwhich, it is distributed to Marana Water customers. An additional well and larger reservoir are currently under construction. Without treatment, water in this system will not meet the minimum requirements for potable water under the new MCL if it is established at that level, and Marana Water will be unable to meet existing demands in the system. Because multiple wells feed this site, it is an ideal location to place a water treatment facility. The intended solution is to construct a treatment facility utilizing the granular activated carbon (GAC) method of removing perfluorinated compounds and other related emerging contaminants at this site, which will allow the water to meet the MCL at the entry point to the distribution system. Financial Impact: Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 125 of 263 Fiscal Year:FY2025-2026 Budgeted Y/N: N Amount:$7,055,000 There is no financial impact in FY24 as staff does not anticipate spending the loan proceeds until the following fiscal year. Staff will include appropriate adjustments to the project as well as to the water fund for corresponding debt service payments. Based on available information from WIFA the amount to be forgiven will be around 50%.  Annual debt service payments estimated to range between $280,000 and $330,000 would be funded by water user rates. Staff Recommendation: Staff recommends approval of Resolution No. 2023-067.  Suggested Motion: I move to adopt Resolution No. 2023-067, authorizing Town staff to apply for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona (WIFA) to fund the design and construction costs for a Marana Park emerging contaminants water treatment facility.  Attachments Resolution No. 2023-067 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 126 of 263 Resolution No. 2023-067 1 MARANA RESOLUTION NO. 202 3-067 RELATING TO UTILITIES; AUTHORIZING TOWN STAFF TO APPLY FOR A DRINKING WATER REVOLVING FUND LOAN FROM THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA (WIFA) TO FUND THE DESIGN AND CONSTRUCTION COSTS FOR A MARANA PARK EMERGING CONTAMINANTS WATER TREATMENT FACILITY WHEREAS the United States Environmental Protection Agency (EPA) has proposed a Maximum Contaminant Level (MCL) related to perfluorinated compounds (PFAS) at a lower threshold than that currently existing at wells feeding the North Marana water system; and WHEREAS the Marana Park facility is the main facility that serves the North Marana water system, and it is an ideal location to place a water treatment facility designed to remove PFAS and other related emerging contaminants in order to meet the new MCL requirements; and WHEREAS the Town desires to apply for a loan through the Water Infrastructure Finance Authority of Arizona (WIFA) in an amount not to exceed $7,055,000.00 for the design and construction of such a water treatment facility at that location; and WHEREAS pursuant to A.R.S. § 9-571, the Town may obligate the revenues generated by its Water Department and other revenues, including excise taxes, otherwise authorized by law to be used to repay long -term obligations to repay a loan from WIFA; and WHEREAS the Town of Marana, located in Pima and Pinal Counties, certifies that at the time of this request the population of the community is less than 150,000 as of the most recent U.S. Census date, which meets the requirement under A.R.S. § 9-571; and WHEREAS the Mayor and Council of the Town of Marana find that it is in the Town’s best interest to pursue and apply for financial assistance from WIFA in an amount not to exceed $7,055,000.00 to fund all or a portion of the design and construction costs for a Marana Park emerging contaminants water treatment facility. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Manager is hereby authorized to sign for and on behalf Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 127 of 263 Resolution No. 2023-067 2 of the Town of Marana all applications, agreements, and other documentation necessary or beneficial for Drinking Water Revolving Fund financial assistance from WIFA in an amount not to exceed $7,055,000.00 payable from revenues of the Marana Water Department and other revenues, including excise taxes, otherwise authorized by law to be used to repay long -term obligations, to cover design and construction costs for a Marana Park emerging contaminants treatment facility. SECTION 2. All actions of the officers and agents of the Town of Marana which conform to the purposes and intent of this resolution and which further the completion of the actions as contemplated by this resolution, whether heretofore or hereafter taken, are hereby ratified, confirmed and approved. The proper officers and agents of the Town are hereby authorized and directed to do all such acts and things and to execute and deliver all such WIFA application documents on behalf of the Town and to conduct such procurement activities as may be necessary to carry out the terms and intent of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 128 of 263      Council-Regular Meeting   C14        Meeting Date:06/20/2023   To:Mayor and Council From:David L. Udall, Town Clerk/Assistant Town Attorney Date:June 20, 2023 Subject:Approval of Regular Council Meeting Summary Minutes of June 6, 2023, and Special Council Meeting Summary Minutes of June 7, 2023 Attachments Regular Council Meeting Summary Minutes, 06/06/2023 Special Council Meeting Summary Minutes, 06/07/2023 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 129 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 1 of 8 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 6, 2023, 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 6:03 PM and directed the Town Clerk to call the roll. Council Member Kai was absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea APPROVAL OF AGENDA Mayor Honea asked for a motion to approve the agenda. Council Member Ziegler moved to approve the agenda as presented. Vice Mayor Post seconded the motion. Motion passed, 6-0. CALL TO THE PUBLIC Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 130 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 2 of 8 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea said he was the keynote speaker at a Marana High School Class of 1973 50th reunion. He said he attended a Metropolitan Pima Alliance (MPA) awards event at the Fox Theatre in Downtown Tucson with Town Manager Terry Rozema, helped out at the Marana Community Church, attended a Regional Transportation Authority/Pima Association of Governments meeting, and attended an event at the Ritz Carlton with Finance Director Yiannis Kalaitzidis where they met with State Treasurer Kimberly Yee. He also reported on being the keynote speaker at a Memorial Day event at the Veteran’s Cemetery and on his interview on WakeUp! Tucson. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Mr. Rozema said the Town issued 98 single-family residential permits in May. He said that is the highest number for this fiscal year, and that the numbers are up likely due to rental homes being built. He highlighted the opening of the Marana pool, the increasing popularity of the El Rio Preserve, and the construction of the shared use bike path along El Rio preserve. He also highlighted the upcoming Cal Portland shared use path project, the Sandario Road roundabout’s recent project-of-the-year award, and the new episode of the Real Talk with the Town podcast with Development Services Director Jason Angell related to annexation. PRESENTATIONS P1 Relating to Community and Neighborhood Services; presentation on the Pima County Regional Affordable Housing Commission and the Prosperity Initiative Working Group (Lisa Shafer) Community and Neighborhood Services Director Lisa Shafer introduced this item and its presenters, Bonnie Bazata with the Prosperity Initiative and Carla Blackwell, Director of Development Services for Pima County on behalf of the Affordable Housing Commission. A copy of the presentation slides is on file with the Town Clerk’s Office. Ms. Bazata presented on behalf of the Prosperity Initiative and discussed Pima County’s poverty rate, the four approaches for addressing poverty, the purpose of the Prosperity Initiative, applicable timelines, stakeholder outreach, examples of what the research thus far has shown, implementation ideas, housing mobility and stability, transportation, access to healthcare and services, workforce development, post-secondary education, digital inclusion, and financial capability. Please see the presentation slides for details, including graphical information, statistics, and maps. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 131 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 3 of 8 Ms. Blackwell presented on the work of the Affordable Housing Commission. She highlighted the need for housing to be addressed on a region-wide basis. During her presentation, she discussed the background of Pima County’s efforts, the Affordable Housing Taskforce recommendations to build more across the housing continuum and to improve access to affordable housing, accomplishments to date, and ongoing action items. Please see the presentation slides for details, including depictions. Mayor Honea said that home ownership seems to be slipping away from the younger generation. He asked if the Affordable Housing Commission has done any research to assist young working families to get into housing. Ms. Blackwell said Pima County’s Industrial Development Authority is looking into doing a single-family home mortgage program that would allow for lower-interest mortgages for first-time homebuyers. Mayor Honea said part of the issue is that while young people can afford monthly mortgage payments, they cannot afford the down payment to actually get into a house. Ms. Blackwell said Mayor Honea touched on a very important issue, and highlighted that cash buyers are pushing out others in the marketplace. Vice Mayor Post thanked both presenters for the work they and their organizations are doing and complemented the presentations. He asked if they are utilizing nonprofit groups already doing similar work. Ms. Bazata said there is a lot of expertise in the community they home to draw upon. Council Member Officer highlighted that one of the issues for those entering into affordable housing options is not having the training needed for maintenance of the home long term. Ms. Bazata agreed and said she would raise the concern with the Habitat for Humanity and other organizations. Council Member Ziegler asked what gap financing was as related to affordable housing. Ms. Blackwell explained that it involved grant funding to fill gaps in financing needed to complete a project and was given on a project-by-project basis. CONSENT AGENDA C1 Resolution No. 2023-048: Relating to Administration; designating Yiannis Kalaitzidis as the Chief Fiscal Officer for officially submitting the Fiscal Year 2024 Expenditure Limitation Report to the Arizona Auditor General (Libby Shelton) C2 Resolution No. 2023-049: Relating to Administration; approving and authorizing the Mayor to execute Amendment Two to the Intergovernmental Agreement with Pima County for Pima Early Education Program (Lisa Shafer) Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 132 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 4 of 8 C3 Resolution No. 2023-050: Relating to Development; approving a release of assurances for Little Lambert Lots 1-5 and Common Area A (Private Street) (Jason Angell) C4 Resolution No. 2023-051: Relating to Development; approving an amended final plat for Tangerine/I-10 Lots 3A - 3D, Lots 4A - 4C, and Block "1" (Future Development), Blocks "2" and "3” (Open Space/Drainage) generally located south of Tangerine Road and a quarter-mile west of Interstate 10 (Steve Cheslak) C5 Resolution No. 2023-052: Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with Triadvocates, LLC for Fiscal Year 2024 (Andrea Caicedo) C6 Resolution No. 2023-053: Relating to the Police Department; approving and authorizing the Police Chief or his designee to execute a Memorandum of Understanding between the City of Tucson and Marana Police Department to set forth their relationships concerning the Southern Arizona Crime Gun Intelligence Center (Libby Shelton) C7 Resolution No. 2023-054: Relating to Public Works; authorizing the Town Manager to sign all documents and do all other things necessary or prudent to obtain land use rights from the Central Arizona Project (CAP) needed for the Tangerine Road TI (Traffic Interchange) project, Town project ST107 (Jane Fairall) C8 Approval of Regular Town Council Meeting Summary Minutes of May 16, 2023 (David L. Udall) Vice Mayor Post and Council Member Ziegler moved to approve the consent the consent agenda. Mayor Honea said the motion was moved and seconded. Motion passed, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2023-055: Relating to Boards, Commissions, and Committees; making appointments to the Town of Marana Planning Commission (David L. Udall) Council Member Comerford said the Council Committee for Planning Commission and Board of Adjustment Appointments met earlier in the evening and had a recommendation for the full Town Council. She asked if Council Member Officer would like to make a motion regarding the recommendation. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 133 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 5 of 8 Council Member Officer moved to reappoint John Flint, Thomas Schnee, Joseph Parsons, and John Mc Intyre to the Town of Marana Planning Commission. Vice Mayor Post seconded the motion. Mayor Honea asked for any discussion prior to voting on the motion. Council Member Ziegler highlighted applicant Kelley Lee’s resume and wished to discuss her application before voting. She asked to go into executive session. Mayor Honea wished to move forward with the vote. He said many good applicants applied, but that the incumbents were doing a good job. Council Member Ziegler agreed, but said she wanted to ensure the best were brought onto the Planning Commission. Council Member Ziegler moved to go into executive session. There was no second. Mayor Honea called for a vote on the motion on the floor made by Council Member Officer and seconded by Vice Mayor Post. Motion passed, 4-2, with Mayor Honea, Vice Mayor Post, Council Member Officer, and Council Member Comerford voting Aye, and Council Member Ziegler and Council Member Craig voting Nay. COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No 2023.019: Relating To Development; approving a rezoning of approximately 1.7 acres of land, generally located 300 feet northwest of the intersection of W. Ina Road and N. Oldfather Road, from MR-2 (Multi- Family Residential) and NC (Neighborhood Commercial) to VC (Village Commercial) (Scott S. Radden) Mayor Honea opened the public hearing at 6:54 PM. Senior Planner Scott Radden presented on this item. A copy of the presentation slides is on file with the Town Clerk’s Office. Mr. Radden explained that the item involved a non-site analysis rezoning to Village Commercial (VC). On a map, he showed where the relevant zoning would take place and explained the intent of the zoning as outlined in the presentation slides. The Planning Commission voted unanimously to recommend the rezoning. For more details, including to view maps related to the rezoning, please view the presentation slides. Council Member Ziegler moved to adopt Ordinance No 2023.019 subject to the recommended conditions. Vice Mayor Post seconded the motion. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 134 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 6 of 8 Mayor Honea closed the public hearing at 6:57 PM. Motion passed, 6-0. A2 Resolution No. 2023-056: Relating to Administration; adopting the Town of Marana Public Safety Personnel Retirement System (PSPRS) Pension Funding Policy for FY 2023-2024 (Yiannis Kalaitzidis) Mr. Kalaitzidis presented on this item. A copy of the presentation slides is on file with the Town Clerk’s Office. Mr. Kalaitzidis explained the statutory purpose of this item and discussed data in the presentation slides related to net unfunded liability in the program, the fiscal year 2024 employer contribution rates, and the funding objectives, which he said remain largely unchanged from the previous year. He further explained Town staff’s recommendation to: accept the actuarial report’s funded target ratio and date (100% by 2036), always contribute 100% of ARC from operating revenues, and authorize the Town Manger to propose additional measures as part of the annual budget process based on projected financial conditions and Town operational needs. Please see the presentation slides for details, including graphical information and statistics. Council Member Ziegler moved to adopt Resolution No. 2023-056. Vice Mayor Post seconded the motion. Motion passed, 6-0. 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) Mr. Angell provided an update on public and private projects and development applications in the Town, as currently listed on the following website: https://experience.arcgis.com/experience/9bcda179c412496a8be2a5af29727745/. During the presentation, Mr. Angell answered questions about the various projects. D2 Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema) Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 135 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 7 of 8 Mr. Rozema said the Legislature has not been in session for the last three weeks, and said there are no updates at this time. Mayor Honea provided a brief update on the zoning-related bills in the Legislature and said they likely will not be moving forward. D3 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (Terry Rozema) There was no update presented regarding the fiscal year 2023/2024 budget. 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). E2 Executive Session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion, consideration, and possible interviews of candidates for appointment to the Planning Commission. 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). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Officer seconded the motion. Motion passed, 6-0. Meeting adjourned at 7:15 PM. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 136 of 263 Regular Council Meeting Summary Minutes June 6, 2023 Page 8 of 8 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on June 6, 2023. I further certify that a quorum was present. ________________________________________ David L. Udall, Town Clerk Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 137 of 263 Special Council Meeting Summary Minutes June 7, 2023 Page 1 of 5 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, June 7, 2023, at or after 5:00 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 approximately 5:05 PM and directed the Town Clerk to call the roll. Vice Mayor Post, Council Member Craig, and Council Member Officer were absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea APPROVAL OF AGENDA Council Member Comerford moved to approve the agenda as presented. Council Member Kai seconded the motion. Motion passed, 4-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Parks and Recreation: Presentation and discussion regarding public art concepts for fabrication and installation in the Multi-Generational Community Center Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 138 of 263 Special Council Meeting Summary Minutes June 7, 2023 Page 2 of 5 and Aquatics Facility and possible direction related to the final public art design concept and next steps. Town Manager Terry Rozema introduced this item and its presenters, Joseph O’Connell, Founder/Artist at Creative Machines, Inc., and Adan Banuelos, Design Engineer at Creative Machines, Inc. Mr. Rozema said these artists have been working on two different design concepts of the outdoor artwork for the Community and Aquatic Center, and he said that this meeting is the time for Council to provide input on which design concept to select so the project can continue on schedule. Clarifying questions were asked and answered throughout the presentation. Mr. O’Connell explained where they were in the design process and showed a presentation slide outlining the process. A copy of the presentation slides is on file with the Town Clerk’s Office. Please see the slides for details, including depictions, photographs, and images related to the concept designs. Mr. O’Connell explained that once the design concept was chosen, there would be opportunities for feedback on schematics and other specifics related to the chosen concept. Mr. O’Connell showed several photos related to Marana’s heritage and natural beauty. He showed slides related to concept number one, Points in Time, which involved different sized shadow-box circles that would have artwork depicting Marana’s heritage and natural beauty with backlighting, along with port holes to see through the wall. He then showed slides related to concept number two, At Home in the Desert, which involved a mountain landscape with similar, but bigger, layered heritage artwork on a that would also have backlighting at night. Sample materials of the artwork layers (big and small for each concept) were passed around and handled by Council Members. Mr. Rozema asked if the concepts would be painted blue as depicted in the slides. Mr. O’Connell said that was the current design, but that they could be painted in different colors, and he welcomed input. Mr. Rozema pointed out that the photographs shown in the slides would be incorporated into the heritage artwork in both concepts, and that the samples passed around and shown in the slides were only examples. Council Member Kai expressed concern that the artwork might detract from the architecture of the Community Center building itself. Mr. Rozema explained that the location of the artwork was on a section of the building that would not block the windows and covered the community room area where it was not desirable to see inside the building. He also explained that the artwork wrapped around the wall to pull people from the sidewalk into the front door of the building. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 139 of 263 Special Council Meeting Summary Minutes June 7, 2023 Page 3 of 5 Mayor Honea said he really liked both concepts, especially concept number one. He highlighted that the modern history of Marana was based on the cotton industry and wanted to see more cotton and farming depicted in the heritage artwork. Mr. Rozema stated those things would be incorporated and that what was shown in the slides was only by way of example. Mayor Honea asked if the heritage artwork could depict people from different cultures. Mr. Rozema said it would be difficult to depict ethnicity and race in this art form, but that it could be done on the artwork in the interior of the building. Council Member Comerford said she did not care for the circles concept in concept number one because they looked like bubbles. Council Member Ziegler agreed. Mr. Rozema said that concept number one had a water-flow feel that would help the artwork tie into the aquatics center. He asked the artists which concept would depict the most detail, and Mr. Banuelos said concept number one because the artwork would be smaller and easier to detail and people would need to come up closer to the artwork to see it. Mr. O’Connell clarified that concept number two had the same amount of detail, but that it was enlarged against the mountain backdrop and designed to be viewed more from a distance. Council Member Ziegler said she was not a fan of the circles in concept number one and really liked the mountain landscape in concept number two. She said she liked the detail and lighting of concept number one, but not the bubble effect. Council Member Comerford agreed and asked if the Points in Time could go on top of the mountain landscape. Mr. Rozema and Mr. O’Connell clarified that both concepts would have layered heritage artwork with backlighting, but that the primary difference was the scale of the artwork. Mayor Honea said that the Town has adopted a turquoise and copper color theme, and he asked if the mountains in concept number two could be in those colors instead of in blue. Council Member Ziegler agreed, and Council Member Comerford asked if the heritage artwork, which is made of stainless steel, could be colored to be more of a copper color. The artists said they could do that and would look into the color scheme. Mayor Honea and Council Member Ziegler asked if the Town’s old and new logos could be included as part of the heritage artwork. Mr. Rozema said these selections were not the primary issue at this meeting and that it would be discussed more down the road after the concept design was selected. Mr. Rozema requested feedback from the architect regarding the two concepts. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 140 of 263 Special Council Meeting Summary Minutes June 7, 2023 Page 4 of 5 Mr. John Kane, Founding Partner and Design Principal at Architekton said both concepts were good, but concept number one covered three zones along the wall instead of two and radiated light really well. He preferred concept number one. Council Member Comerford asked whether the Points in Time circles could be placed in the empty space along the wall where the mountain backdrops do not cover the wall in concept number two. Mr. Banuelos and Mr. Rozema said they could do one concept or the other, but not both for budgetary reasons. Council Member Ziegler, Council Member Kai, and Council Member Comerford said they preferred the mountain landscape of concept number two. Council Member Comerford requested staff input. Public Works Director Fausto Burruel explained that concept number one would be easier to maintain from a maintenance perspective. Mayor Honea said it would be safer to do concept number one. Parks and Recreation Director Jim Conroy asked the artists what the concepts would look like at night. Mr. O’Connell said they don’t know for sure, but concept number one would have tiny perforations of light illuminating against the wall in addition to the backlighting of the heritage artwork and the mountain landscape would have a more radiating backdrop of backlighting on a larger scale. Mayor Honea said he would go with either concept number one or number two, but highlighted the benefits of concept number one. Council Member Ziegler and Council Member Comerford said they preferred the landscape background of concept number two. Council Member Kai said it seemed like more heritage artwork could be displayed with concept number one than number two, and Council Member Ziegler said concept number one actually provides Marana history in the artwork. Council Member Kai agreed. Council Member Ziegler said that with a historian joining the Marana team soon, she could tolerate the circles because she likes how it shows the history. Mayor Honea said concept number one gives a more detailed history, which is what the Town is looking for. Council Member Comerford said the background for the heritage artwork was really the only difference between the two. Mayor Honea asked for a motion. Council Member Kai moved to select design concept number one (Points in Time). Council Member Ziegler seconded the motion. Motion passed, 4-0. 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. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 141 of 263 Special Council Meeting Summary Minutes June 7, 2023 Page 5 of 5 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 Mayor Honea asked for a motion to adjourn. Council Member Comerford moved to adjourn the meeting. Motion passed, 4-0. Meeting adjourned at 6:08 PM. CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council Special Meeting held on June 7, 2023. I further certify that a quorum was present. David L. Udall, Town Clerk Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 142 of 263      Council-Regular Meeting   L1        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney From:Nolette Hernandez, Records Clerk Date:June 20, 2023 Strategic Plan Focus Area: Not Applicable Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a new series #010 Beer and Wine Store Liquor License submitted by Lauren Kay Merrett on behalf of Maverik, located at 9171 West Tangerine Road, Marana, AZ 85658 (David L. Udall) Discussion: This application is for a new series #010 Beer and Wine Store liquor license at Maverik located at 9171 West Tangerine Road Marana, AZ 85658.   Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one-mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building, and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 143 of 263 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 include 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 a new series #010 Beer and Wine Store liquor license submitted by Lauren Kay Merrett on behalf of Maverik, located at 9171 West Tangerine Road, Marana, AZ 85658.   OPTION 2:    I move to approve and submit to the DLLC an order recommending disapproval of an application for a new series #010 Beer and Wine Store liquor license application submitted by Lauren Kay Merrett on behalf of Maverik, located at 9171 West Tangerine Road, Marana, AZ 85658. Attachments Redacted Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Liquor Licenses Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 144 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 145 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 146 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 147 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 148 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 149 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 150 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 151 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 152 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 153 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 154 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 155 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 156 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 157 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 158 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 159 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 160 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 161 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 162 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 163 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 164 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 165 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 166 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 167 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 168 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 169 of 263 1:1''/'' 4'',-..4 gdTl POSTING Job# DLLC use only Y ,.... A:' L,, `'4:SV l9 Arizona Dept.of Liquor Licenses and Control 4/Z4** 800 W.Washington St. 5th Floor Phoenix,AZ 85007 602)542-5141 Type or Print with Black Ink Date of Posting: 05 / 11 /23 Date of Posting Removal: S / 1/ / Z3 Applicant's Name: Merrett Lauren Kay Last First Middle Business Address: 9171 W Tangerine Rd Marana 85658 Street City Zip I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. JR Burns Housing Rehabilitation Specialist (520) 990-2496 Print Name of City/County Official Title Phone Number Signature r D6te Signed Return this affidavit with your recommendations or any other related documents. If you have any questions please call(602)542-5141 and ask for the Licensing Division. 7/21/2022 Individuals requiring ADA accommodations please call(602)542-2999Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 170 of 263 7/21/2022 Individuals requiring ADA accommodations please call (602)542-2999 Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5th Floor Phoenix, AZ 85007 (602) 542-5141 Type or Print with Black Ink City or Town of: Liquor License/Application #: (Circle one) (Arizona license/application #) County of: City/Town/County #: Licensed establishment that will be operating 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. The at a meeting held (Governing body) (Regular or special) on the of , considered the application of (Day) (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in the application as provided by A.R.S §4 -201. 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 85007. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) Local Governing Body Recommendation A.R.S. § 4-201(C) Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 171 of 263 Department of Liquor Licenses and Control 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 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off- sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provide d for the bar. Payment must be made no later than the time of delivery. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 172 of 263 Department of Liquor Licenses and Control 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 the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 173 of 263      Council-Regular Meeting   B1        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:Andrea Caicedo, Assistant to the Town Manager From:Andrea Caicedo, Assistant to the Town Manager Date:June 20, 2023 Strategic Plan Focus Area: Vibrant Community Subject:Resolution No. 2023-068: Relating to Boards, Commissions and Committees; approving and authorizing the creation of the Marana Civic Committee as a special committee of the Town of Marana (Andrea Caicedo)   Discussion: During the Strategic Plan Five planning process, a strategy was identified to revamp the Marana Citizens’ Forum to increase program effectiveness and participation. On February 21, 2023, the Town Council adopted Resolution No. 2023-018, rescinding Resolution No. 2011-100 and dissolving the Marana Citizens’ Forum in an effort to establish a new committee to increase citizen engagement and foster community participation in projects or programs that require public input before implementation. After receiving feedback from Council, Town staff developed procedures for a new special committee aimed at increasing citizen engagement and that addresses areas of opportunity identified in the 2011 Marana Citizens’ Forum. The new special committee, Marana Civic Committee, will offer appointed citizens an opportunity to be involved in the Town’s decision-making processes by providing input on important matters to Town Council. The Committee will act in an advisory capacity for various Town issues, projects, and programs which will benefit from public input. The Marana Civic Committee includes the following elements (additional information can be found in Exhibit A to the proposed Resolution): Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 174 of 263 A quorum exists when a majority of the members are present. Each Town of Marana Council Member may appoint one member and each Marana Regional Partner may appoint one member (total of 11 members). Members will serve three-year terms; a minimum of one year off is required prior to being eligible for reappointment. Town Council and staff may convene the Marana Civic Committee at any time (with sufficient notice). Upon Council approval, next steps will include identifying Council Member and Regional Partner appointments to the Committee and the first topic to be addressed. Staff Recommendation: Staff recommends approval of the resolution creating the Marana Civic Committee.   Suggested Motion: I move to adopt Resolution No. 2023-068, approving and authorizing the creation of the Marana Civic Committee as a special committee of the Town of Marana.   Attachments Resolution No. 2023-068 Exhibit A - Marana Civic Committee Procedures Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 175 of 263 1 Marana Resolution No. 2023-068 MARANA RESOLUTION NO. 2023-068 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE CREATION OF THE MARANA CIVIC COMMITTEE AS A SPECIAL COMMITTEE OF THE TOWN OF MARANA WHEREAS Section 2-6-1(A) of the Marana Town Code authorizes the Town Council to create and dissolve those special and standing boards, commissions, and committees as the Council deems necessary; and WHEREAS Section 2-6-1(B) of the Marana Town Code provides that the resolution creating a board, commission, or committee shall describe the powers and purpose of the board, commission, or committee and shall establish the number and qualifications of its membership; and WHEREAS Section 2-6-2 of the Marana Town Code sets forth procedures for the application, recommendation, appointment, and removal of board, commission, or committee members; and WHEREAS Section 2-6-3 of the Marana Town Code sets forth the terms of office for members of any special boards, commissions, and committees which shall be determined by the Town Council based on the purpose of the special board, commission, or committee; and WHEREAS Section 2-6-4 of the Marana Town Code provides that the Council may by resolution modify any of the procedures set forth in Chapter 2-6 related to the application, recommendation, appointment, and removal of board, commission, or committee members for a particular board, commission, or committee as the Council deems appropriate; and WHEREAS on February 21, 2023, the Town Council adopted Resolution No. 2023-018, rescinding Resolution No. 2011-100 and dissolving the Marana Citizens’ Forum in an effort to establish a new committee that serves as a better tool for civic engagement; and WHEREAS the Town Council desires to create the Marana Civic Committee as a special committee of the Town of Marana to increase citizen engagement and foster community participation in projects or programs that will benefit from public input before implementation; and WHEREAS the Town Council finds that the creation of the Marana Civic Committee is in the best interest of the Town. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 176 of 263 2 Marana Resolution No. 2023-068 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Marana Civic Committee, as described in Exhibit A, attached to and incorporated by this reference in this resolution, is hereby created as a special committee of the Town of Marana, and its powers, purpose, number of members, qualifications of members, and member terms of office shall be as set forth in Exhibit A. SECTION 2. Pursuant to Section 2-6-4 of the Marana Town Code, the procedures set forth in Section 2-6-3 regarding application, recommendation, appointment, and removal of board, commission and committee members are hereby modified for the Marana Civic Committee and the application, recommendation, appointment, and removal of the members of the Marana Civic Committee shall be as set forth in Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 177 of 263 Exhibit A to Marana Resolution No. 2023-068 1 Town of Marana Marana Civic Committee Introduction The Marana Civic Committee is created as a special committee of the Town of Marana. The purpose of the Committee is to increase citizen engagement and foster community participation in projects or programs that will benefit from public input before implementation. Powers The Marana Civic Committee acts in an advisory capacity for various Town issues, projects, and programs which will benefit from public input. Quorum A quorum is the number of members needed for there to be a proper meeting of the committee. A quorum exists when a majority of the members are present. Appointment Each Town of Marana Councilmember may appoint one member and each Marana Regional Partner, defined below, may appoint one member to the Committee, for a total of 11 members. These Councilmember and Regional Partner appointees do not require consideration and approval by the full Town Council. Councilmember and Regional Partner appointments can be made at any time there is a vacancy. If made during an active session, the appointment will become effective at the next scheduled session. If a Councilmember or Regional Partner member resigns or is not re-elected the Town will seek a new appointment from his or her replacement. Marana Regional Partners are the following organizations: Marana Chamber of Commerce, Marana Unified School District, MHC Healthcare, and Northwest Fire District. Term Terms of office for Marana Civic Committee members shall be three years. In an effort to allow fresh perspectives and input, members shall not serve consecutive terms. A minimum of one year off is required prior to reappointment. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 178 of 263 Exhibit A to Marana Resolution No. 2023-068 2 Removal of Members Removal of Marana Civic Committee members shall be in accordance with Section 2-6-2 (G) of the Marana Town Code, which provides for removal with or without cause by a majority vote of the Town Council, except for removal of members due to poor attendance at meetings. Committee members who are absent without prior excuse from two or more consecutive meetings per session may be considered to have resigned and the Town shall not be required to take any further action to remove the member. Marana Civic Committee Process The Marana Civic Committee serves in an advisory capacity for various Town issues, projects, and programs on an as-needed basis. Town Council or Staff may convene the Marana Civic Committee at any time (with sufficient notice) to request public input on an issue or issues presented to the Committee by Town Council or Staff. The number of meetings for each session will vary depending on the topic’s complexity. Marana Civic Committee meetings shall be held in compliance with the Arizona open meeting law. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 179 of 263 Exhibit A to Marana Resolution No. 2023-068 3 REVISION HISTORY DESCRIPTION OF CHANGE DATE RESOLUTION NO. OR Original Adoption 6/20/2023 Resolution No. 2023-XXX Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 180 of 263      Council-Regular Meeting   B2        Meeting Date:06/20/2023   To:Mayor and Council From:David L. Udall, Town Clerk/Assistant Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Proactive Public Services Subject:Resolution No. 2023-069: Relating to Boards, Commissions and Committees; approving the appointment of Tom Sommerville to the Marana Public Safety Personnel Retirement System (PSPRS) local board and to the Marana Correctional Officer Retirement Plan (CORP) local board; and approving the appointment of George A. Kennedy to the CORP local board (David L. Udall) Discussion: Under state law, the Town of Marana is required to maintain a local board to administer the Public Safety Personnel Retirement System (PSPRS) for its PSPRS-eligible employees and a Correctional Officer Retirement Plan (CORP) for its CORP-eligible employees. Both local boards must include the mayor or his designee, two PSPRS- or CORP-eligible employees elected by their peers, and two citizens appointed by the mayor with the approval of the Town Council. Town staff determined in April of 2023 that it would be best to combine the citizen membership of the PSPRS and CORP local boards. As a result, Mayor Honea is seeking Council approval for the appointment of Tom Sommervile to the PSPRS local board as well as to the CORP local board for four-year terms ending on June 30, 2027. Mayor Honea is also seeking Council approval for the appointment of George A. Kennedy to the CORP local board for a two-year term ending on June 30, 2025, so as to coincide with the term of his existing PSPRS local board appointment ending on that same date.  Staff Recommendation: Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 181 of 263 Council's pleasure. Suggested Motion: I move to adopted Resolution No. 2023-069, approving the appointment of Tom Sommerville to the Marana Public Safety Personnel Retirement System (PSPRS) local board and to the Marana Correctional Officer Retirement Plan (CORP) local board; and approving the appointment of George A. Kennedy to the CORP local board. Attachments Resolution No. 2023-069 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 182 of 263 Resolution No. 2023-069 - 1 - MARANA RESOLUTION NO. 2023-069 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE APPOINTMENT OF TOM SOMMERVILLE TO THE MARANA PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM (PSPRS) LOCAL BOARD AND TO THE MARANA CORRECTIONAL OFFICER RETIREMENT PLAN (CORP) LOCAL BOARD; AND APPROVING THE APPOINTMENT OF GEORGE A. KENNEDY TO THE CORP LOCAL BOARD WHEREAS the Town of Marana has created the Marana Public Safety Personnel Retirement System (PSPRS) local board pursuant to A.R.S. § 38 -847 to administer the system for the Town and to make the provisions of the system effective for the Town; and WHEREAS A.R.S. § 38-847 provides that two members of the PSPRS local board shall be citizens appointed by the Mayor with the approval of the Town Council; and WHEREAS the Town of Marana has created the Marana Correctional Officer Retirement Plan (CORP) local board pursuant to A.R.S. § 38-893 to administer the plan for the Town and to make the provisions of the plan effective for the Town; and WHEREAS A.R.S. § 38-893 provides that two members of the CORP local board shall be citizens appointed by the Mayor with the approval of the Town Council; and WHEREAS Town staff determined in April of 2023 that it would be best to combine the citizen membership of the PSPRS and CORP local boards; and WHEREAS Mayor Ed Honea desires to appoint Tom Sommerville to the PSPRS local board as well as to the CORP local board for four-year terms ending on June 30, 2027; and WHEREAS Mayor Ed Honea desires to appoint George A. Kennedy to the Marana CORP local board for a two-year term ending on June 30, 2025, so as to coincide with the term of his existing PSPRS local board appointment ending on that same date; and WHEREAS the Mayor and Council find that the appointments addressed by this resolution are in the best interests of the Town and its citizens. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 183 of 263 Resolution No. 2023-069 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1: Tom Sommerville is hereby appointed to the Marana Public Safety Personnel Retirement System (PSPRS) local board for a four-year term ending June 30, 2027. SECTION 2: Tom Sommerville is hereby appointed to the Marana Correctional Officer Retirement Plan (CORP) local board for a four-year term ending June 30, 2027. SECTION 3: George A. Kennedy is hereby appointed to the Marana Correctional Officer Retirement Plan (CORP) local board for a two-year term ending June 30, 2025. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 184 of 263      Council-Regular Meeting   A1        Meeting Date:06/20/2023   To:Mayor and Council Submitted For:George Cardieri, Real Property Manager From:George Cardieri, Real Property Manager Date:June 20, 2023 Strategic Plan Focus Area: Thriving Commerce Strategic Plan Focus Area Additional Info: Attract and maintain career-oriented commerce. Ensure capital improvement projects advance the community’s economic development goals and adhere to aesthetic standards. Subject:Resolution No. 2023-070: Relating to Public Works; authorizing Town staff and representatives to acquire, by negotiations or condemnation, lands and property rights needed for the following Town of Marana projects: Tangerine Road Corridor Widening, Phase 2A (ST098), and Tangerine Road Corridor Widening, Phase 2B (ST060) (George Cardieri) Discussion: The Town sometimes needs to acquire property rights for a capital improvement project. These property rights could include rights of entry, temporary or permanent easements, and additional real property or right of way. Traditionally, staff brought each project forward individually. In an effort to simplify this effort, staff is grouping projects that are active or expected to be active in the near term. Therefore, this resolution is Council's authorization for Town staff to acquire property rights by negotiation or condemnation for the following two budgeted public works projects:  Tangerine Road Widening, Phase 2A (ST098) Tangerine Road Widening, Phase 2B (ST060) Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 185 of 263 Staff will start negotiations with owners after Council approval and anticipates most acquisitions will happen next fiscal year. Financial Impact: Both projects presented below are included in the Town's five-year capital improvement plan.  Budget authorization in FY2024 exists for the Tangerine Road Windening, Phase 2A (ST098) project.  Staff anticipates existing budget authorization will be adequate to complete these purchases.  However, if additional budget capacity is needed for this specific purpose staff may return for Council approval of further appropriations. Staff Recommendation: Staff recommends adoption of Resolution No. 2023-070, authorizing Town staff to acquire property rights needed for the two public works projects. Suggested Motion: I move to adopt Resolution No. 2023-070, authorizing Town staff to acquire property rights needed for the two public works projects. Attachments Resolution No. 2023-070 Project Map Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 186 of 263 00079621.DOCX /1 Resolution No. 2023-070 - 1 - MARANA RESOLUTION NO. 2023-070 RELATING TO PUBLIC WORKS; AUTHORIZING TOWN STAFF AND REPRESENTATIVES TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION, LANDS AND PROPERTY RIGHTS NEEDED FOR THE FOLLOWING TOWN OF MARANA PROJECTS: TANGERINE ROAD CORRIDOR WIDENING, PHASE 2A (ST098), AND TANGERINE ROAD CORRIDOR WIDENING, PHASE 2B (ST060) WHEREAS the Town of Marana is constructing or will soon begin constructing the following Town projects: Tangerine Road Corridor Widening, Phase 2A (ST098), and Tangerine Road Corridor Widening, Phase 2B (ST060) (the "Projects"); and WHEREAS the Town of Marana needs to acquire certain rights-of-way, easements and other property rights to construct the improvements needed for the Projects, (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The particular rights-of-way, easements, and other property rights that constitute the "Needed Property" will be set forth on the right-of-way plans prepared for each of the Projects. Section 2. Town staff and representatives are hereby authorized and directed to negotiate the Town's acquisition of the Needed Property based on offer amounts believed to be just compensation as determined based on an independent fee appraisal or, if the just compensation is believed to be $10,000 or less, on an internal market analysis. Section 3. Before procuring an appraisal on any of the real estate included in the Needed Property, Town staff and representatives are authorized to offer the owner the Town staff's estimated cost of obtaining an appraisal. Section 4. The Town Manager, Town Engineer, Town Real Property Manager, and Town staff and representatives are hereby authorized to execute on the Town's behalf any and all documents necessary to acquire the Needed Property on terms consistent with sections 2 or 3 of this resolution. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 187 of 263 00079621.DOCX /1 Resolution No. 2023-070 - 2 - Section 5. If Town staff and representatives are unable to acquire the Needed Property on terms consistent with sections 2 or 3 of this resolution, the Town Attorney is hereby authorized and directed to bring one or more actions under the power of eminent domain to acquire the Needed Property for just compensation as determined by the Court or jury. Section 6. Town staff and representatives are authorized to pay all survey, environmental investigation, title, escrow, recording, and filing fees and costs associated with these acquisitions. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of June 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 188 of 263 TangerineBusiness Lp La ChollaBlvdLa Cañada DrInt e r s t a t e 1 0 DoveMountainBlvdThornydaleRdTwinPeaksRdTangerine Rd 10 Cmo deOesteCmo d e M añanaCurrently in Progress Phase 2B Future Construction Phase 1 Complete Phase 2AAd o n i s R d Marana Tech DrMap Phase 2A Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 189 of 263      Council-Regular Meeting   A2        Meeting Date:06/20/2023   To:Mayor and Council From:David L. Udall, Town Clerk/Assistant Town Attorney Date:June 20, 2023 Strategic Plan Focus Area: Proactive Public Services Subject:Resolution No. 2023-071: Relating to Water; approving and authorizing the Mayor to sign the Third Amendment to Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project (David L. Udall) Discussion: In June of 2012, the Town of Marana entered into an Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project (the "Saguaro Bloom WSA"), which was subsequently amended to address matters not relevant for the purposes of this item in April of 2015 and in May of 2020. The Saguaro Bloom WSA requires the Developer to meet the Town's source capacity and redundancy requirements by providing a second potable water well or by providing capacity improvements to an existing well in the Town's Airline/Lambert/Saguaro Springs/La Puerta del Norte water system (the "Water System"). The Developer has elected to provide a second well, which is estimated to be completed in August of 2023. The Saguaro Bloom WSA also requires the Developer, prior to the issuance of the 1,000th residential building permit, to pay for a Town-conducted well capacity and redundancy evaluation of the Water System to determine the number of additional units that can be served before the system no longer has the capacity to serve peak daily demand with the largest well (Saguaro Bloom Well No. 1) out of service. Once that happens, the Saguaro Bloom WSA requires the number of residential units to be capped at the number that, in the Town's opinion, the Water System has the peak daily Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 190 of 263 capped at the number that, in the Town's opinion, the Water System has the peak daily demand capacity to serve. The cap remains in place until the second well is installed. The 1,000th residential building permit was issued for the Saguaro Bloom development some time ago. In December of 2022, the Water Department conducted a well capacity and redundancy evaluation and determined the Water System no longer has the capacity to serve peak daily demand with the Saguaro Bloom Well No. 1 out of service. As a result, in a letter dated April 17, 2023, a residential unit cap was set at the 19 additional residential units that, as of January 31, 2023, were under contract to be sold. No further residential units may be constructed until the requirements of the Saguaro Bloom WSA have been fully satisfied. Because the Developer is in the process of equipping the second well with an estimated completion date of August of 2023, and due to complicating factors involving PFAS and 1,4-Dioxane contamination, as explained more fully in the letter dated April 17, 2023 in the backup materials to this agenda item, Town staff and the Developer thought an alternative proposed in the third amendment to the Saguaro Bloom WSA attached to the resolution accompanying this agenda item would be appropriate. If approved, this third amendment would allow the Developer to construct 81 additional residential units over and above the current residential unit cap of 19 (bringing the total cap up to 100) in exchange for the Developer being required to pay for any emergency measures needed, as determined by the Town, in order to continue the uninterrupted flow of water to affected developments in the event the Saguaro Bloom Well No. 1 actually goes out of service. The Developer will also be required to install a quick connection/disconnection coupling to allow for a quick connection to the existing reservoir in order to expedite any filing activities in the event of such an emergency, and the Developer will be required to prepare an emergency management plan for the Town's review and approval within 30 days after the third amendment becomes effective. Staff Recommendation: Staff recommends approval of Resolution No. 2023-071. Suggested Motion: I move to adopt Resolution No. 2023-071: approving and authorizing the Mayor to sign the Third Amendment to Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project. Attachments Resolution No. 2023-071 Exhibit A - Third WSA Amendment Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 191 of 263 April 17, 2023 Letter and Original Restated Saguaro Bloom WSA Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 192 of 263 - 1 - Resolution No. 2023-071 MARANA RESOLUTION NO. 2023-071 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT WHEREAS The Town and D.R. Horton’s predecessor in interest entered into an instrument entitled, “Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project,” recorded in the office of the Pima County Recorder on June 29, 2012 at Sequence No. 20121810303, as amended by the “First Amendment to Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project,” recorded in the office of the Pima County Recorder on April 10, 2015 at Sequence 20151000319, and as further amended by the “Second Amendment to Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project,” recorded in the office of the Pima County Recorder on May 11, 2020 at Sequence 20201320064; and WHEREAS Town staff has negotiated a Third Amendment to Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project (the “Third WSA Amendment”); and WHEREAS the Town Council finds that entering into the Third WSA Amendment 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: The Third WSA Amendment between the Town of Marana and D.R. Horton, Inc., substantially in the same form attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and the Town’s Manager and staff are hereby directed and authori zed to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the amendment. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 193 of 263 - 2 - Resolution No. 2023-071 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 194 of 263 Exhibit A to Marana Resolution No. 2023-071 00088933.DOC /3 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT Town of Marana, Arizona THIS THIRD AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT (this “Third WSA Amendment”) is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”), and D.R. HORTON, INC., a Delaware corporation (the “Developer”). The Town and the Developer are sometimes referred to collectively as the “Parties,” either of which is some- times individually referred to as a “Party.” RECITALS A. The Town and the Developer’s predecessor in interest entered into an instrument entitled, “AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT” (the “Restated WSA”), recorded in the office of the Pima County Recorder on June 29, 2012 at Sequence No. 20121810303, as amended by the “FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT,” recorded in the office of the Pima County Recorder on April 10, 2015 at Sequence 20151000319, and as further amended by the “SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT,” recorded in the office of the Pima County Recorder on May 11, 2020 at Sequence 20201320064. B. As relevant here, paragraph 3.6 of the Restated WSA requires the Developer to “meet the Town’s source water capacity and redundancy requirements by either provid- ing a second potable water well” or “by providing capacity improvements to an existing well in the Town’s existing Airline/Lambert/Saguaro Springs/La Puerta del Norte water system as necessary to provide production well capacity sufficient to convey and deliver peak daily demand within the Project [as that term is defined in subparagraph 2.6 of the Restated WSA].” C. Subparagraph 3.6.1 requires the Developer, prior to issuance of the 1,000th resi- dential building permit within the Project, to pay for a Town-conducted “well capacity and redundancy evaluation of the then-existing” Water System to determine the number of additional residential units that can be served within the Project “before the system no Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 195 of 263 Exhibit A to Marana Resolution No. 2023-071 00088933.DOC /3 - 2 - longer has the capacity to serve peak daily demand within the Project with the largest well out of service.” D. When the Town evaluation concludes the system no longer has such capacity, subparagraph 3.6.1.2 of the Restated WSA requires the number of residential units to “be capped at the number that, in the Town’s reasonable opinion, the system has the peak daily demand capacity to serve.” The cap shall remain in place until the Developer in- stalls the second well or provides capacity improvements to an existing well. E. Pursuant to subparagraph 3.6.1.1 of the Restated WSA, “when a Developer- funded Town evaluation concludes that, with the largest then-existing Airline/Lam- bert/Saguaro Springs/La Puerta del Norte water system well [the Saguaro Bloom Well No. 1] out of service, the system has capacity to serve the Project as fully built out,” the Developer “shall be relieved of any further obligation to provide capacity improvements to the system.” F. The Parties agree that the 1,000th residential building permit was issued for the Saguaro Bloom development some time ago. G. In December of 2022, the Marana Water Department conducted a well capacity and redundancy evaluation and concluded that the Town’s existing Airline/Lam- bert/Saguaro Springs/La Puerta del Norte water system no longer has the capacity to serve peak daily demand with Saguaro Bloom Well No. 1 out of service. H. The Town sent the Developer a letter dated April 17, 2023, entitled, “Notice of Residential Unit Cap and Potential Alternative,” a copy of which is on file with the Ma- rana Water Department (the “Letter”), which, among other things, set the residential unit cap pursuant to subparagraph 3.6.1.2 of the Restated WSA at the 19 additional residential units that, as of January 31, 2023, were under contract to be sold. Under the imposed cap, no further residential units may be constructed until the requirements of paragraph 3.6 of the Restated WSA are fully satisfied. I. Pursuant to the provisions of subparagraph 3.6.2 of the Restated WSA, the Devel- oper has procured a contractor to equip a second well and connect it to the Town’s exist- ing Airline/Lambert/Saguaro Springs/La Puerta del Norte water system. The contractor has an estimated project completion date of August 2023. J. Given that timeline, and in light of unforeseen circumstances related to PFAS/1,4 Dioxane contamination requiring adjustments to the water system, as explained more fully in the Letter, the Parties now desire to amend the Restated WSA, as previously amended, as set forth in this Third WSA Amendment. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual cove- nants set forth in this Third WSA Amendment, the Parties hereby agree as follows: Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 196 of 263 Exhibit A to Marana Resolution No. 2023-071 00088933.DOC /3 - 3 - 1. The Developer’s representation of ownership. By entering into this Third WSA Amend- ment, D.R. HORTON, INC., the “Developer” under this Third WSA Amendment, repre- sents that it is the sole beneficiary of TITLE SECURITY 201434-T and is entitled to enter into this Third WSA Amendment. 2. Additional Developer-Installed Water Facilities Requirements. Paragraph 3.6 of the Lease is hereby amended by adding the following (with additions denoted by double underlining): 3.6 Additional Developer-Installed Water Facilities Requirements. The Developer shall meet the Town's source water capacity and redundancy requirements by either providing a second potable water well (well #2) within the Project or by providing capacity im- provements to an existing well in the Town’s existing Airline/Lambert/Saguaro Springs/La Puerta del Norte water system as necessary to provide production well ca- pacity sufficient to convey and deliver peak daily demand within the Project. 3.6.1. Prior to the issuance of the 1,000th residential building permit within the Project, the Developer shall pay the reasonable costs for and the Town sh all per- form a well capacity and redundancy evaluation of the then-existing Airline/Lam- bert/ Saguaro Springs/La Puerta del Norte water system, for the purpose of eval- uating the number of additional residential units can be served within the Project before the system no longer has the capacity to serve peak daily demand within the Project with the largest well out of service. If the Town’s evaluation determines that the then-existing system has capacity to serve more than 100 more homes in the Project, no further action is required until an additional 100 residential units (or such additional number of units as the Parties agree by a letter signed by rep- resentatives of the Parties) are constructed within the Project. At that time, the De- veloper shall pay the reasonable costs for and the Town shall perform another well capacity and redundancy evaluation. This process shall continue until one of the following occurs: [No changes to subparagraph 3.6.1.1.] 3.6.1.2. A Developer-funded Town evaluation concludes that, with the largest then-existing Airline/Lambert/Saguaro Springs/La Puerta del Norte water system well out of service, system capacity improvements will be required to serve the next 100 residential units. At that point, the number of residential units to be served within the Project shall be capped at the number that, in the Town’s reasonable opinion, the system has the peak daily demand capacity to serve unless and until the Developer installs well #2 in accordance with paragraph 3.6.2 below or the Developer provides Town-approved capacity improvements to an existing well in the Town’s existing Airline/Lambert/Saguaro Springs/La Puerta del Norte water sys- tem as necessary to provide production well capacity sufficient to convey and deliver peak daily demand to the Project at its then-projected total max- imum development potential. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 197 of 263 Exhibit A to Marana Resolution No. 2023-071 00088933.DOC /3 - 4 - 3.6.1.2.1 Notwithstanding subparagraph 3.6.1.2, the Developer may construct, and the system will serve, 81 additional units over and above the residential unit cap imposed on April 17, 2023 by the Town as set forth in the Letter until the time that the requirements of subparagraph 3.6.2 of the Restated WSA have been met and well #2 is fully functional. Until the requirements of subparagraph 3.6.2 of the Restated WSA have been met and well #2 is fully functional, the Developer shall fund any emergency measures deemed necessary by the Town to continue the uninterrupted flow of water to the affected development(s) in the event the largest then-existing Airline/Lam- bert/Saguaro Springs/La Puerta del Norte water system well actu- ally goes out of service until it is fully functional again, including, but not limited to: hauling water to the affected development(s); in- stalling temporary, above-ground (jumper) water lines and associ- ated temporary facilities; and/or any other emergency measure deemed necessary by the Town for continued water service. Within 30 days after this Third WSA Amendment becomes effective, he De- veloper shall install an engineer-designed quick connection/discon- nection coupling of adequate size, which would allow for a quick connection to the existing reservoir to expedite any filling activities in the event the largest then-existing Airline/Lambert/Saguaro Springs/La Puerta del Norte water system well actually goes out of service. The Developer shall also prepare an emergency manage- ment plan for the Town’s review and approval within 30 days after this Third WSA Amendment becomes effective. [The remainder of paragraph 3.6 remains unchanged.] 3. Other terms and provisions. All other terms and provisions of the Restated WSA and its exhibits, as previously amended, not specifically changed by this Third WSA Amendment, shall remain in effect and be binding upon the Parties as provided for in the Restated WSA, as previously amended. Words and phrases having a defined meaning in the Restated WSA have the same respective meanings when used in this Third WSA Amendment unless otherwise expressly stated. 4. Recitals. The recitals set forth at the beginning of this Third WSA Amendment are hereby acknowledged, confirmed to be accurate, and incorporated herein by this reference. 5. Entire agreement. This Third WSA Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Third WSA Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Third WSA Amendment. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 198 of 263 Exhibit A to Marana Resolution No. 2023-071 00088933.DOC /3 - 5 - 6. Governing law. This Third WSA Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and any actions to enforce or interpret the terms and provisions of this Third WSA Amendment shall be brought and maintained in Pima County, Arizona. 7. Counterparts. Third WSA Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8. Good standing. The Developer represents and warrants to the Town that it is duly formed and validly existing and authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Third WSA Amendment under applicable state laws. 9. Authority. Each Party represents and warrants that the individual executing this Third WSA Amendment on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 10. Interpretation. This Third WSA Amendment has been negotiated by the Parties, and no Party shall be deemed to have drafted this Third WSA Amendment for purposes of construing any portion of this Third WSA Amendment for or against any Party. 11. Binding effect. This Third WSA Amendment shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the Parties. 12. Assignment. The Developer may not assign this Third WSA Amendment without the prior written consent of the Town. 13. Cancellation for conflict of interest. This Third WSA Amendment is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. 14. Recording. This Third WSA Amendment shall be recorded in the office of the Recorder of Pima County, Arizona. 15. Effective date. This Third WSA Amendment shall be effective as of the signature date of the last Party to sign this Third WSA Amendment. 16. Term. This Third WSA Amendment shall terminate upon the termination of the Restated WSA. [SIGNATURE PAGE FOLLOWS.] Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 199 of 263 Exhibit A to Marana Resolution No. 2023-071 00088933.DOC /3 - 6 - IN WITNESS WHEREOF, the Parties have duly executed this instrument below. The “TOWN”: an Arizona municipal corporation By: Ed Honea, Mayor Date: ______________ ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney The “DEVELOPER”: D.R. HORTON, INC., a Delaware corpora- tion By: Title:____________________________ Date: ______________ STATE OF ARIZONA ) ss. County of ____________ ) The foregoing instrument was acknowledged before me this day of , 2023 by ________________________________, _______________________ of D.R. HORTON, INC., a Delaware corporation, on behalf of the corporation. (Seal) Notary Public Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 200 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 201 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 202 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 203 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 204 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 205 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 206 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 207 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 208 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 209 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 210 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 211 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 212 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 213 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 214 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 215 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 216 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 217 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 218 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 219 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 220 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 221 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 222 of 263      Council-Regular Meeting   D2        Meeting Date:06/20/2023   To:Mayor and Council From:Jason Angell, Development Services Director Date:June 20, 2023 Strategic Plan Focus Area: Cherished Heritage Strategic Plan Focus Area Additional Info: One of the goals of Strategic Plan 5 is to "Embed heritage in policy and planning to ensure continued preservation of Marana's Heritage."  To help accomplish this goal, one of the adopted strategies is to "Expand current art policy to require the integration of public art into public and private development projects that captures Marana's heritage." Subject:Relating to Development; review, discussion, and possible direction regarding the proposed Town of Marana Public Art Policy (Jason Angell) Discussion: As part of the Council retreat in March 2023, staff presented a draft Public Art Policy for Council consideration.  Based upon the feedback received during the retreat, staff made updates to the draft policy to incorporate the requested changes suggested by the Council. The changes that have been made since our March discussion include the following: added definitions; further defined which projects the policy would apply to; established a rate of 1% of building permit valuation for commercial, office and multi-family uses and 0.5% of building permit valuation for industrial uses; and established a maximum contribution for any one private development project of $150,000. The attached policy was crafted by looking at what other communities are doing within our region, as well as throughout the state and in other parts of the country.  In comparing how other communities approach and implement their public art programs, staff feels the attached policy is comparable to the approach that other communities are taking, while also unique in that it allows Marana to display public art throughout the Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 223 of 263 community, which will strengthen Marana's identity, spirit, and pride.   Staff Recommendation: If the Council finds the attached policy to be acceptable, staff will begin the process to amend the adopted fee schedule to add the necessary fee.  Given the notice requirements that are necessary to amend the fee schedule, staff will target a September 2023 meeting for final adoption of the policy and approval of the fee schedule changes.   Suggested Motion: Council's discretion. Attachments Art Policy Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 224 of 263 1 TOWN OF MARANA PUBLIC ART POLICY Title: Town of Marana Public Art Policy Effective Date: [Date, 2023] Type of Action: Approved by Council Resolution No. 2023-xxx Purpose The purposes of the Town of Marana Public Art Policy are to: ▪ Identify community beautification opportunities that will strengthen Marana’s identity, spirit, and pride; ▪ Establish a Marana Public Art Fund; ▪ Establish a Marana Public Art Review Committee; ▪ Provide direction for the selection of high-quality public art. Definitions 1. Development Project: A project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. 2. Marana 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 owned property or Town Capital Improvement Projects. 3. Public Art: 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. 4. Tenant Improvements: The customized alterations a building owner makes to rental space as part of a lease agreement, in order to configure the space for the needs of that particular tenant. For the purpose of this policy, tenant improvements shall exclude general maintenance and repair. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 225 of 263 2 TOWN OF MARANA PUBLIC ART POLICY Marana Public Art Fund The Marana Public Art Fund is established and dedicated to funding high -quality public art installations, and maintenance, throughout the Marana community. Contributions to the Fund shall be collected from private developments and Town of Marana Capital Improvement Projects. Decisions on how to allocate the funds shall be made by the Marana Public Art Review Committee. Marana Public Art Review Committee The Marana Public Art Review Committee shall designate locations for public art installation and review design proposals according to the Marana Public Art Design Principles. The Marana Public Art Review Committee shall consist of the Town of Marana’s Public Works Director, Town Engineer, Development Services Director, Communications Manager, Parks & Recreation Director, and two members of the local art community. Private Development Contributions Any development project that meets the following conditions shall contribute to the Marana Public Art Fund in the form of a cash donation: ▪ New construction of a project containing 10,000 square feet or more net floor area of any commercial, industrial, or office use within any zoning district; or ▪ Phased projects with one or more buildings that contain a total of 10,000 square feet or more net floor area of commercial, industrial, or office use within any zoning district; ▪ New construction of any multi-family development site consisting of 50 or more units; ▪ Tenant improvements of 10,000 square feet or more net floor area of any commercial, industrial, or office use within any zoning district. Commercial, office, and multi-family uses shall contribute 1% of the building permit valuation to the Fund. Industrial uses shall contribute 0.5% of the building permit valuation to the Fund. The contribution shall be collected at the time of the building permit issuance. If a development consists of multiple buildings, the property owners(s) shall contribute the appropriate amount with each building permit pulled. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 226 of 263 3 TOWN OF MARANA PUBLIC ART POLICY Where a building shell is constructed and tenant improvements are done separately, the building shell will be charged 50% of the applicable contribution requirement and tenant improvements will be charged the remaining 50%. Maximum Contribution The maximum contribution for any one private development project shall be $150,000. Town of Marana Capital Improvement Projects Contributions All Town of Marana Capital Improvement Projects (CIP) with an estimated budget of $500,000 or more shall include 1% of the total project cost as a contribution to the Marana Public Art Fund. The Town Engineer will assure that this 1% cost is added to the project’s total budget. All or a portion of the contributions derived from the Marana Capital Improvement Project may fund artwork for the specific CIP project, or the balance of the funds may be deposited into the Marana Public Art Fund. Waiver: The Town Manager may waive the public art contribution requirement for projects that are determined to be solely maintenance obligations. Any waiver shall be made in writing and sent to Development Services to be placed in the project permit file. Designated Public Art Locations The Marana Public Art Review Committee shall identify locations for public art installations throughout the community. A list of locations, and priority ranking, will be presented to the Town Council for approval. The list of locations and priority ranking shall be updated as new facilities are accepted or as priorities change. Each installation shall allow for unrestricted viewing from a variety of vantage points. To assure the general public has access, installations shall be within or adjacent to public parks, trails, or other publicly-owned property that is easily accessible and clearly visible to the general public. Public art installations shall not be located in a proposed or existing Town right -of-way unless the public art installation is intended to be part of a Capital Improvement Project, or as approved by the Town Engineer. Marana Public Art Design Principles The committee will use the following design principles in considering conceptual art proposals. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 227 of 263 4 TOWN OF MARANA PUBLIC ART POLICY 1. Design. Artwork should incorporate aspects of Marana’s natural and cultural heritage and should be a “uniquely Marana” piece. 2. Quality. Artwork demonstrates originality, artistic quality, and excellence in design and artisanship, demonstrated through renderings, explanation of construction, materials, and artist resume. 3. 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. 4. Durability. Artwork demonstrates structural and surface integrity and permanence; material provides protection against theft, vandalism, weathering, and excessive maintenance and repair costs. 5. Safety. Artwork does not present a hazard or create unsafe conditions. 6. Diversity. Artwork contributes to a diversity of style, scale, media, artists, community values, and forms of expression within the Town. 7. 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. 8. Feasibility. Artwork is likely to be successfully completed based on the project budget, timeline, artist’s experience, soundness of materials, and any other relevant factors. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 228 of 263      Council-Regular Meeting   D3        Meeting Date:06/20/2023   To:Mayor and Council From:Yiannis Kalaitzidis, Finance Director Date:June 20, 2023 Strategic Plan Focus Area: Thriving Commerce,  Vibrant Community,  Cherished Heritage,  Proactive Public Services,  Recreation,  Healthy Lifestyles Subject:PUBLIC HEARING: Relating to Budget; public hearing regarding the Town of Marana's fiscal year 2023-2024 final budget (Yiannis Kalaitzidis) Discussion: On May 16, 2023, Mayor and Council adopted a tentative budget for fiscal year 2023-2024. In adopting the tentative budget, Mayor and Council established the expenditure limitation for the Town for the fiscal year. This public hearing is the last formal step in the budgeting process prior to adopting the final budget. After receiving public input, Mayor and Council will be asked at a special meeting immediately following the regular Council meeting to consider adopting a final budget that shall not exceed $336,261,198.  No changes were made to the budget after adoption of the Tentative Budget. The fiscal year 2023-2024 budget is structurally balanced with ongoing revenues covering ongoing expenditures.  The current year budget includes $5.0 million of General Fund contingency funding.    The following highlights certain items included in the proposed final budget: Authorized Positions Including position adjustments made during the current fiscal year, staffing increased 14.5 FTE from 429.6 positions in FY 2023 to 444.1 in FY 2024.  Positions were added to a variety of departments, including police, parks & recreation, public works, finance,Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 229 of 263 variety of departments, including police, parks & recreation, public works, finance, human resources, development services, and water.  The fiscal year 2023-2024 budget provides for performance pay adjustments up to 4%. The Town will also be increasing the minimum and maximum salary ranges within each paygrade by 2% in fiscal year 2024. Employees eligible for the Team Performance Pay adjustment will receive no more than 4% within their newly adjusted paygrade, not to exceed the new maximum of their paygrade.  These actions will align the Town's pay structure with market conditions. The fiscal year 2023-2024 schedule of salaries is attached.  This schedule might undergo further minor revisions as the Human Resources department is still in the process of determining the appropriate grade and class for some of the new positions.  That determination, which has no impact on the pay ranges presented, will be completed prior to the recruitment of those positions.   Staff has included the official budget forms required by the State of Arizona’s Auditor General’s office (Exhibit A) as published for tonight’s public hearing. Upon adoption of the final budget, staff will publish and distribute to Council and department heads a budget document that provides more detailed information.  Additionally, this published budget will be submitted to the Government Finance Officers Association for consideration of the Distinguished Budget Presentation Award. Financial Impact: Fiscal Year:2024 Budgeted Y/N: Y Amount:$336,261,198 The final budget amount of $336,261,198 is the same as the tentative budget amount approved on May 16, 2023.  There were no adjustments between tentative and final budget. Staff Recommendation: None, public hearing on the budget only. Suggested Motion: No motion is necessary. Attachments FY2024 Budget Presentation Exhibit A - 2023-2024 Final Budget Auditor General Schedules 5 year CIP Plan Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 230 of 263 FY2024 Compensation Memo FY2023-2024 Salary Schedule Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 231 of 263 FINAL BUDGET Yiannis Kalaitzidis, Finance Director 6/20/2023 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 232 of 263 FY2024 Budget Timeline January –Presented preliminary revenue outlook for FY2024 and solicited Council and public feedback March –Presented initial 5 year Capital Improvement Plan for consideration and feedback April –Presented Manager’s recommended comprehensive budget for consideration and additional feedback May –Presented and adopted Tentative Budget during public hearing which set overall expenditure limitation for Town June –Adoption of Final Budget for Fiscal Year 2023-2024 2 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 233 of 263 F/Y 2024 Budget Expenditure Summary 3 Primary Entity F/Y 2023 Adopted F/Y 2024 Tentative $ Change % Change General Fund $ 73,268,176 $ 77,026,555 $ 3,758,379 5.1% Special Revenue Funds 10,487,968 13,051,469 2,563,501 24.4% Capital Projects Funds 69,992,530 154,097,667 84,105,137 120.2% Debt Service Funds 6,405,137 6,247,451 (157,686)-2.5% Enterprise Funds 56,594,941 69,386,635 12,791,694 22.6% Internal Service Funds 5,289,950 5,696,168 406,218 7.7% Primary entity 222,038,702 325,505,945 103,467,243 46.6% Component Units Special Districts 11,454,435 10,755,253 (699,182)-6.1% Total $ 233,493,137 $ 336,261,198 $ 102,768,061 44.0% Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 234 of 263 Fiscal year 2023-2024 Overview Summary 4 Sales Tax, $47.7M, 19%Intergovernmental, $87.9M, 34% Licenses, Permits & Fees, $14.6M, 6% Charges for Services, $12.9M, 5% Other, $15M, 6% Bonds/loan, $79.1M, 31% Revenues $257.2 Million Operating, $100.4M, 30% Capital Outlay, $219.1M, 65% Debt Service, $16.8M, 5% Expenditure by Category $336.3 Million Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 235 of 263 DISCUSSION 5 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 236 of 263 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 237 of 263 Town of Marana Table of Contents Fiscal year 2024 Resolution for the adoption of the budget Schedule A—Summary Schedule of estimated revenues and expenditures/expenses Schedule B—Tax levy and tax rate information Schedule G—Full-time employees and personnel compensation Schedule C—Revenues other than property taxes Schedule D—Other financing sources/(uses) and interfund transfers Schedule E—Expenditures/expenses by fund Schedule F—Expenditures/expenses by department (as applicable) 3/22 Arizona Auditor General Official City/Town Budget Forms Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 238 of 263 Fiscal year General Fund Special Revenue Fund Debt Service Fund Capital Projects Fund Permanent Fund Enterprise Funds Available Internal Service Funds Total all funds 2023 Adopted/adjusted budgeted expenditures/expenses* E 1 73,268,176 10,487,968 16,411,822 71,440,280 0 56,594,941 5,289,950 233,493,137 2023 Actual expenditures/expenses** E 2 60,919,029 7,398,556 16,498,922 14,671,543 0 19,485,826 5,704,772 124,678,648 2024 Beginning fund balance/(deficit) or net position/(deficit) at July 1*** 3 93,588,862 11,530,105 7,302,986 58,624,223 0 34,203,719 2,169,738 207,419,633 2024 Primary property tax levy B 4 0 0 2024 Secondary property tax levy B 5 2,174,869 260,625 2,435,494 2024 Estimated revenues other than property taxes C 6 69,786,496 9,943,033 2,207,059 59,846,142 0 28,202,379 5,696,168 175,681,277 2024 Other financing sources D 7 0 0 4,850,000 53,000,000 0 21,273,043 0 79,123,043 2024 Other financing (uses) D 8 0 0 0 0 0 0 0 0 2024 Interfund transfers in D 9 0 100,000 6,360,436 100,000 0 8,169,474 0 14,729,910 2024 Interfund Transfers (out) D 10 4,516,981 0 0 2,083,950 0 8,128,979 0 14,729,910 2024 Line 11: Reduction for fund balance reserved for future budget year expenditures Maintained for future debt retirement 0 Maintained for future capital projects 0 Maintained for future financial stability 17,446,624 17,446,624 Maintained for future retirement contributions 0 0 2024 Total financial resources available 12 141,411,753 21,573,138 22,895,350 169,747,040 0 83,719,636 7,865,906 447,212,823 2024 Budgeted expenditures/expenses E 13 77,026,555 13,051,469 15,356,954 155,743,417 0 69,386,635 5,696,168 336,261,198 Expenditure limitation comparison 2023 2024 1 Budgeted expenditures/expenses 233,493,137$ 336,261,198$ 2 Add/subtract: estimated net reconciling items 3 Budgeted expenditures/expenses adjusted for reconciling items 233,493,137 336,261,198 4 Less: estimated exclusions 5 Amount subject to the expenditure limitation 233,493,137$ 336,261,198$ 6 EEC expenditure limitation $ $ * ** *** Town of Marana Summary Schedule of estimated revenues and expenditures/expenses Fiscal year 2024 Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. Amounts on this line represent beginning fund balance/(deficit) or net position/(deficit) amounts except for nonspendable amounts (e.g., prepaids and inventories) or amounts legally or contractually required to be maintained intact (e.g., principal of a permanent fund). S c h Funds Includes expenditure/expense adjustments approved in the current year from Schedule E. The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. 11 X1A0T 3/22 Arizona Auditor General Schedule A Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 239 of 263 2023 2024 1. $$ 2. $ 3.Property tax levy amounts A. Primary property taxes $$ B. Secondary property taxes 2,086,010 2,435,494 C.Total property tax levy amounts $2,086,010 $2,435,494 4.Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years’ levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $2,054,993 (2) Prior years’ levies 13,676(3) Total secondary property taxes $2,068,669 C. Total property taxes collected $2,068,669 5.Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate 2.8000 2.8000 (3) Total city/town tax rate 2.8000 2.8000 B. Special assessment district tax rates Secondary property tax rates—As of the date the proposed budget was prepared, the three special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * city/town was operating Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) Town of Marana Tax levy and tax rate information Fiscal year 2024 Maximum allowable primary property tax levy. A.R.S. §42-17051(A) Property tax judgment Property tax judgment Property tax judgment Property tax judgment X2A0T 3/22 Arizona Auditor General Schedule B Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 240 of 263 Estimated revenues Actual revenues* Estimated revenues 2023 2023 2024 General Fund Local taxes Sales taxes $36,215,052 $41,886,312 $35,123,831 Licenses and permits Building and development fees 7,526,500 6,058,249 3,516,000 Business and license fees 145,000 146,592 145,000 Animal fees 86,500 75,285 81,500 Franchise fees 575,000 595,168 575,000 Host fees 300,000 314,919 300,000 Intergovernmental State shared sales taxes 7,429,849 8,048,317 8,263,841 Urban revenue sharing 10,018,695 10,413,667 14,720,978 Auto lieu 2,700,192 2,784,318 2,960,801 Federal - ARPA 8,187,523 Charges for services Charges for services 807,000 812,234 823,000 Fines and forfeits Court fines and fees 391,500 332,395 389,500 Interest on investments Interest 150,000 4,280,344 2,000,000 Contributions Voluntary contributions 154,100 271,199 146,100 Miscellaneous Other miscellaneous 626,871 560,411 740,945 Total General Fund $75,313,782 $76,579,410 $69,786,496 * Special revenue funds Community development block grants $180,000 $65,380 $260,000 Affordable housing revolving 10,000 12,927 2,000 Other grants and contributions 3,057,149 1,571,826 3,057,149 RICO 20,000 16,171 20,000 $3,267,149 $1,666,304 $3,339,149 Impound $16,000 $11,700 $11,600 Bed tax 1,338,158 1,833,725 1,450,000 Local JCEF 8,000 6,468 8,000 Fill the GAP 4,500 2,676 4,500 $1,366,658 $1,854,569 $1,474,100 Local technology enhancement $50,000 $29,756 $50,000 Highway user revenue 4,807,629 4,985,520 5,079,784 $4,857,629 $5,015,276 $5,129,784 Total special revenue funds $9,491,436 $8,536,149 $9,943,033 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Town of Marana Revenues other than property taxes Fiscal Year 2024 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Source of revenues X3A0T 3/22 Arizona Auditor General Schedule C Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 241 of 263 Estimated revenues Actual revenues* Estimated revenues 2023 2023 2024 Town of Marana Revenues other than property taxes Fiscal Year 2024 Source of revenues X3A0T Debt service funds Tangerine farms road improvement district $2,020,059 $2,014,725 $2,020,059 Gladden farms CFD debt Gladden farms II CFD debt 187,000 Saguaro springs CFD debt $2,020,059 $2,014,725 $2,207,059 Total debt service funds $2,020,059 $2,014,725 $2,207,059 Capital projects funds Transportation $6,800,000 $13,933,279 $4,200,000 Half cent sales tax 6,000,000 7,480,472 6,561,367 Impact fee funds 3,329,780 5,197,898 1,545,684 Other capital projects 8,538,533 1,574,757 23,878,438 $24,668,313 $28,186,406 $36,185,489 Downtown reinvestment $228,500 $504,395 $456,500 Regional transportation authority 7,300,000 39,073 13,431,903 Pima association of governments 757,751 9,772,250 $8,286,251 $543,468 $23,660,653 Total capital projects funds $32,954,564 $28,729,874 $59,846,142 * Permanent funds $$$ Total permanent funds $$$ Enterprise funds Water utility $18,364,741 $14,866,424 $15,145,285 Airport 5,385,568 1,711,679 7,376,814 Water reclamation utility 7,003,340 5,736,248 5,680,280 $30,753,649 $22,314,351 $28,202,379 Total enterprise funds $30,753,649 $22,314,351 $28,202,379 * Internal service funds Health benefits $4,937,950 $5,173,850 $5,344,168 Dental benefits 352,000 334,485 352,000 $5,289,950 $5,508,335 $5,696,168 Total internal service funds $5,289,950 $5,508,335 $5,696,168 Total all funds $155,823,440 $143,682,844 $175,681,277 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 242 of 263 Fund Sources (Uses)In (Out) General Fund Other grants and contributions $$$$100,000 2013 debt service 1,259,000 2014 debt service 663,436 2017 debt service 547,300 Airport 960,871 Water utility 986,374 Water reclamation utility Total General Fund $$$$4,516,981 Special revenue funds Other grants and contibutions $$$100,000 $ Total special revenue funds $$$100,000 $ Debt service funds 2013 debt service $$$3,065,750 $ 2014 debt service 663,436 2017 debt service 2,631,250 Saguaro springs CFD 4,850,000 Total debt service funds $4,850,000 $$6,360,436 $ Capital projects funds Transportation $$$100,000 $860,419 Impact fees 1,223,531 Half cent sales tax 53,000,000 Total capital projects funds $53,000,000 $$100,000 $2,083,950 Permanent funds $$$$ Total permanent funds $$$$ Enterprise funds Airport $$$960,871 $ Water utility 21,273,043 4,361,958 4,683,494 Water reclamation utility 2,846,645 3,445,485 Total enterprise funds $21,273,043 $$8,169,474 $8,128,979 Internal service funds $$$$ Total Internal Service Funds $$$$ Total all funds $79,123,043 $$14,729,910 $14,729,910 2024 2024 Town of Marana Other financing sources/(uses) and interfund transfers Fiscal year 2024 Other financing Interfund transfers X4A0T 3/22 Arizona Auditor General Schedule D Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 243 of 263 Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses Fund/Department 2023 2023 2023 2024 General Fund Non-departmental $3,554,741 $$3,385,323 $3,925,801 Mayor and council 365,991 328,155 387,745 Town manager 1,794,483 105,000 1,685,579 1,600,517 Town clerk 643,116 485,757 570,215 Human resources 1,373,076 192,369 1,370,489 1,772,626 Finance 2,040,118 (192,369)1,597,598 1,898,127 Legal 1,204,385 1,099,835 1,244,565 Technology services 4,405,011 750,000 3,737,928 5,889,155 Economic development and tourism 315,461 316,355 326,774 Development services 4,365,603 (105,000)3,447,759 4,559,388 Police 24,274,975 585,000 24,044,729 21,631,429 Courts 1,248,115 1,191,566 1,326,710 Public works 7,075,536 190,000 5,780,957 8,354,401 Parks and recreation 7,158,378 (160,000)6,503,273 7,593,941 Community development 1,302,824 1,326,943 1,319,486 Capital outlay 7,146,363 4,616,783 9,625,675 Contingency 5,000,000 (1,365,000)5,000,000 Total General Fund $73,268,176 $$60,919,029 $77,026,555 Special revenue funds Highway user revenue $5,358,694 $$4,355,081 $6,765,028 Revolving affordable housing 87,435 2,593 105,000 Local JCEF 131,805 3,831 131,805 Fill the GAP 34,500 34,500 Local technology 78,000 22,583 78,000 Community development block grants 180,000 65,380 260,000 Bed tax 1,338,158 1,153,620 1,950,000 Other grants and contributions 3,157,149 1,736,164 3,580,336 RICO 87,500 38,177 121,800 Impound fees 34,727 21,127 25,000 Total special revenue funds $10,487,968 $$7,398,556 $13,051,469 Debt service funds Series 2013 debt $3,030,300 $$3,030,300 $3,016,125 Series 2014 debt 794,337 794,337 651,201 Series 2017 debt 2,580,500 2,580,500 2,580,125 Tangerine farms ID debt 2,020,059 2,068,231 2,333,819 Gladden farms CFD debt 779,357 780,006 777,557 Galdden farms, Phase II CFD debt 6,532,494 6,607,998 608,477 Saguaro springs CFD debt 674,775 637,550 5,389,650 Total debt service funds $16,411,822 $$16,498,922 $15,356,954 Expenditures/expenses by fund Fiscal year 2024 Town of Marana X5A0T 3/22 Arizona Auditor General Schedule E Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 244 of 263 Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses Fund/Department 2023 2023 2023 2024 Expenditures/expenses by fund Fiscal year 2024 Town of Marana X5A0T Capital projects funds Transportation $26,104,856 $$7,983,773 $28,793,914 Impact fee funds 14,370,041 1,178,341 13,359,676 Other capital projects 8,821,182 600,000 1,245,130 25,144,227 Downtown reinvestment 638,700 45,941 425,000 Pima association of governments 757,751 9,772,250 Regional tranportation authority 7,300,000 (600,000)39,073 13,431,903 Half cent sale tax fund 12,000,000 4,175,010 63,170,697 Gladden farms CFD 1,028,500 1,500 1,128,500 Galdden farms, Phase II CFD 54,750 1,375 52,750 Saguaro springs CFD 364,500 1,400 464,500 Total capital projects funds $71,440,280 $$14,671,543 $155,743,417 Permanent funds $$$$ Total permanent funds $$$$ Enterprise funds Water utility $37,378,527 $$13,930,527 $39,059,108 Airport 6,170,859 1,788,571 8,337,685 Water reclamation utility 13,045,555 3,766,728 21,989,842 Total enterprise funds $56,594,941 $$19,485,826 $69,386,635 Internal service funds Health benefits $4,937,950 $$5,433,218 $5,344,168 Dental benefits 352,000 271,554 352,000 Total internal service funds $5,289,950 $$5,704,772 $5,696,168 Total all funds $233,493,137 $$124,678,648 $336,261,198 *Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule E Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 245 of 263 Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses 2023 2023 2023 2024 Economic development and tourism General fund $315,461 $$316,355 $326,774 Bed tax fund 561,333 376,795 1,139,816 Department total $876,794 $$693,150 $1,466,590 List department: Police: General fund $25,308,683 $$24,044,729 $22,530,049 Grants and contributions 1,768,456 1,636,164 1,190,336 RICO 87,500 38,177 121,800 Impound fees 34,727 21,127 25,000 Department total $27,199,366 $$25,740,197 $23,867,185 List department: Court: General fund $1,248,115 $$1,191,566 $1,326,710 Local JCEF 131,805 3,831 131,805 Fill the GAP 34,500 34,500 Local tech enhancement 78,000 22,583 78,000 Department total $1,492,420 $$1,217,980 $1,571,015 List department: Public works: General fund $9,927,376 $$5,780,957 $11,314,661 Highway user revenue fund 4,834,644 3,802,412 6,162,888 Department total $14,762,020 $$9,583,369 $17,477,549 List department: Parks and recreation: General fund $8,390,053 $$6,503,273 $8,617,693 Highway user revenue fund 524,050 552,669 482,150 Department total $8,914,103 $$7,055,942 $9,099,843 List department: Community development: General fund $1,302,824 $$1,326,943 $1,319,486 CDBG 180,000 65,380 260,000 Revolving affordable housing 87,435 2,593 105,000 Department total $1,570,259 $$1,394,916 $1,684,486 * Expenditures/expenses by department Fiscal year 2024 Town of Marana Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Department/Fund X6A0T 3/22 Arizona Auditor General Schedule F Official City/Town Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 246 of 263 Full-time equivalent (FTE) Employee salaries and hourly costs Retirement costs Healthcare costs Other benefit costs Total estimated personnel compensation 2024 2024 2024 2024 2024 2024 395.60 $29,188,786 $6,723,799 $5,213,369 $2,975,946 $44,101,900 Bed tax 1.50 $114,993 $13,887 $23,988 $9,085 $161,953 Total special revenue funds 1.50 $114,993 $13,887 $23,988 $9,085 $161,953 Water utility 35.00 $2,564,026 $302,262 $445,001 $232,772 $3,544,061 Airport 4.00 216,811 25,277 55,525 26,749 324,362 Water reclamation utility 8.00 550,294 61,307 115,201 54,142 780,944 Total enterprise funds 47.00 $3,331,131 $388,846 $615,727 $313,663 $4,649,367 Total all funds 444.10 $32,634,910 $7,126,532 $5,853,084 $3,298,694 $48,913,220 Fund Town of MaranaFull-time employees and personnel compensationFiscal year 2024 General Fund Special revenue funds Enterprise funds X7A0T 3/22 Arizona Auditor General Schedule G Official City/Towns Budget FormsMarana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 247 of 263 FISCAL YEAR 2023-2024 TOWN OF MARANA FIVE YEAR CAPITAL IMPROVEMENT PLAN Project Name 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Grand Total ADA Compliance Program 400,000 200,000 200,000 800,000 Adonis Road Extension Phase 2 2,600,000 2,600,000 Airport Control Tower, Construction 12,000,000 12,000,000 Airport Control Tower, Design 1,300,000 1,300,000 Airport Control Tower, Ea 301,000 301,000 Airport Control Tower, Siting Study 44,990 44,990 Airport Drainage Study 400,000 400,000 Airport NW Well Rehabilatation 140,000 140,000 Airport Security Fence 323,962 323,962 Airport Southeast Well Site Upgrade 75,000 600,000 675,000 Avra Valley Rd, Overlay, FY2024 2,000,000 2,000,000 AWOS Replacement 61,105 61,105 Barnett Channel, Tang Farms ConArch 1,188,000 1,188,000 B-Zone Booster and Transmission Line 381,002 4,032,276 4,413,278 B-Zone Reservoir 65,250 552,450 617,700 CAP Subcontract - NIA Reallocation 215,500 215,500 215,500 646,500 Civic Center Dr, Electrical Improvements 36,244 36,244 Continental Reserve 24-inch Tie-in 2,386,984 501,085 2,888,069 C-Zone Booster 192,188 1,627,187 1,819,375 Dove Mountain Bl-Moore Rd Signal, North 740,250 740,250 East Apron Reconstruction Ph-1, Construct 2,055,000 2,055,000 East Apron Reconstruction Ph-1, Design 22,163 22,163 East Apron Reconstruction Ph-2, Construct 2,250,000 2,250,000 East Tangerine, Segment 1 Pipeline, Upsizing 2,508,431 2,508,431 El Rio Disc Golf 257,695 257,695 El Rio Preserve Expansion 455,770 455,770 El Rio Recreation Area Parking Lot 26,557 26,557 Gladden Farms Baseball Fields 1,162,654 1,162,654 Hartman Booster Station Electrical Upgrade 220,000 220,000 Heritage Park Water Plant 315,741 2,506,191 2,506,191 5,328,123 Honea East Well Upgrade 193,675 193,675 Honea Heights Emergency Sewer Program 75,000 75,000 75,000 75,000 75,000 375,000 Honea Heights Park, East 200,000 850,000 1,050,000 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 248 of 263 FISCAL YEAR 2023-2024 TOWN OF MARANA FIVE YEAR CAPITAL IMPROVEMENT PLAN Project Name 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Grand Total Integrated Water Resources Plan and DAWS 222,183 222,183 Land Acquisition of State Land 323,962 323,962 LED Street Lighting AZ Pavilions North 319,000 319,000 LED Street Lighting AZ Pavilions South 230,000 230,000 LED Street Lighting Near Crossroads Park 34,903 34,903 LED Street Lighting, Business Park Dr 420,000 420,000 Lon Adams Rd, Reconstruction 5,785,498 5,785,498 Mandarina Community Park 700,000 700,000 Marana Community Center and Aquatic Complex 60,670,697 60,670,697 Marana Estates Improvements 200,000 200,000 200,000 200,000 200,000 1,000,000 Marana Park Reservoir 4,364,914 4,364,914 Marana Park Well 1,206,980 1,206,980 Marana Park Well, Booster, Electric Upgrade 220,000 220,000 Marana Public Safety Facility 514,289 514,289 Marana Rd Traffic Interchange 6,600,000 6,600,000 Marana WRF, Screw Press 2 1,873,601 1,873,601 MMC Drainage Improvements 34,454 34,454 MMC Fiber Optic Upgrade 100,000 100,000 MMC Generator Upgrade 2,100,750 2,100,750 MMC HVAC Mechanical Systems Upgrade 100,000 1,000,000 1,100,000 MMC Interior Lighting Improvements 258,000 258,000 MMC Reception Remodel 200,000 200,000 MOC Fleet Warehouse Roof, HVAC, Replacement 500,000 500,000 MOC Generator Replacement 600,000 600,000 MOC Parking Lot Reconstruction 150,000 150,000 MOC Security Walls, New Entry Gate 499,087 499,087 Moore Rd Rehabilitation, Sanders Rd to I-10 700,000 700,000 Moore Rd Rehabilitation, East and West of Dove Mtn 220,000 220,000 New Renewable Water Resource Acquisition 8,889,500 8,889,500 North Marana Drainage Improvements 152,070 152,070 North Marana Pavement Rehab Phase 2 550,000 550,000 North Marana Sewer Interceptor 14,996,940 14,996,940 NW Recharge, Recovery, and Delivery System 4,281,904 7,509,530 3,642,612 15,434,046 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 249 of 263 FISCAL YEAR 2023-2024 TOWN OF MARANA FIVE YEAR CAPITAL IMPROVEMENT PLAN Project Name 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Grand Total Ora Mae Harn Park Facility Expansion 400,000 400,000 Oshrin Line Replacement 223,620 140,000 363,620 Oshrin Well Rehabilatation 140,000 140,000 Palo Verde Well Rehabilatation 140,000 140,000 Picture Rocks Interconnect 183,563 1,370,000 1,553,563 Pines Settlement Repair, FY2022 20,000 20,000 Pines Settlement Repair, FY2023 435,229 435,229 Pioneer Well Electrical Upgrade 220,000 220,000 Recharge Basins Phase II 400,476 3,604,290 4,004,766 Rillito Vista Lift Station Upgrade 137,575 1,000,000 1,137,575 RWY 30 Safety Mitigate Project, EA 150,000 150,000 RWY 3-21, TWY-B, Hang-6, Reconstruct, Construction 6,000,000 6,000,000 RWY 3-21, TWY-B, Hang-6, Reconstruct, Design 647,924 647,924 RWY 3-21, TWY-B, Hang-6, Reconstruct, EA 480,000 480,000 Saguaro Bloom Community Park, Phase 2 350,000 2,227,783 2,227,783 4,805,566 Sandario Well Rehabilitation 20,000 20,000 Sanders Rd 24-inch Water Line 356,095 4,522,407 4,878,502 Santa Cruz Shared Use Path, at Calportland 3,606,698 3,606,698 SCADA and Integrated Telemetry 323,910 323,910 Sewer Conveyance System Rehab 661,282 552,533 574,635 1,788,450 Tangerine 16-Inch with Break Tanks 560,700 100,000 4,647,260 5,307,960 Tangerine Farms Rd Extension 2,800,000 19,000,000 21,800,000 Tangerine Farms Rd, Irrigation Improvements 120,000 120,000 Tangerine Rd Widening, Phase 2A 34,600,027 34,600,027 Tangerine Rd Widening, Phase 2B 29,286,848 15,000,000 44,286,848 Tangerine Sky Park, Phase 2 181,883 1,100,000 1,281,883 Tangerine TI Improvements 2,720,000 3,500,000 6,220,000 Taxiway A Reconstruction, MITL, Design 700,000 700,000 Taxiway A Reconstruction, MITL, Construction 8,860,000 8,860,000 Taxiway C Reconstruction, Construction 2,310,000 2,310,000 Taxiway C Reconstruction, Design 190,000 190,000 Tortolita Preserve Improvements 248,617 248,617 Twin Peaks Rd, Rattlesnake Pass Widening 29,759,393 7,540,438 37,299,831 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 250 of 263 FISCAL YEAR 2023-2024 TOWN OF MARANA FIVE YEAR CAPITAL IMPROVEMENT PLAN Project Name 2023-2024 2024-2025 2025-2026 2026-2027 2027-2028 Grand Total TWY B, E, Lighting Upgrade, Constuction 1,500,000 1,500,000 TWY B, E, Lighting Upgrade, Design 150,000 150,000 West Apron Reconstruction Ph-1, Construct 2,250,000 2,250,000 West Apron Reconstruction Ph-1, Design 932,303 932,303 West Apron Reconstruction Ph-2, Construct 7,290,000 7,290,000 WRF Phase II Design 2,900,824 18,130,145 18,130,145 39,161,114 Grand Total 209,422,553 73,538,355 71,887,966 65,724,667 4,922,260 425,495,801 Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 251 of 263 Town of Marana Fiscal Year 2024 Team Performance Pay The Town is committed to providing fair and competitive compensation to its employees through performance and behavior based pay that align with the Town’s strategic plan, policies, directives and cultural values (dedicated service, respect, teamwork, and engaged innovation). Our compensation philosophy is to have a strategy that attracts, retains and motivates employees to accomplish the organization’s goals and objectives. The Town’s compensation strategy focuses on annual team performance and behavior in lieu of market-based adjustments. After careful review of the fiscal year 2024 budget, funding is available to grant eligible employees a Team Performance Pay adjustment of up to 4%. The Town will also be increasing the minimum and maximum salary ranges within each paygrade by 2% in fiscal year 2024. Employees eligible for the Team Performance Pay adjustment will receive no more than 4% within their newly adjusted paygrade, not to exceed the new maximum of their paygrade. If the Team Performance Pay adjustment for an eligible employee exceeds the new maximum of their paygrade, they will receive a lump sum payment up to $750, not to exceed the total increase eligible if not at the maximum of their paygrade. An employee who falls below the new minimum of their paygrade, after any eligible Team Performance Pay adjustments have been made, will receive an increase up to the new minimum of the paygrade. Team Performance Pay Eligibility 1. Regular full- and part-time classified, sworn, and unclassified employees, hired on or before July 1, 2022 and not at the top of their pay range, are eligible to receive the Team Performance Pay of 4% if not otherwise disqualified by the criteria set forth below. 2. Regular full- and part-time classified, sworn, and unclassified employees hired between July 2, 2022 and December 31, 2022 and not at the top of their pay range, are eligible to receive a pro-rated Team Performance Pay adjustment of the 4% if not otherwise disqualified by the criteria set forth below. 3. Employees hired during January 1, 2023 through March 31, 2023 will receive a lump sum of $500. 4. Employees hired during April 1, 2023 through June 30, 2023 will receive a lump sum of $250. 5. Employees classified in term-limited temporary (TLT) and short-term temporary (STT) positions (i.e. Lifeguards, Sports Officials, Interns, etc.) are not eligible to receive the Team Performance Pay adjustment. 6. Contract employees’ (Town Manager and Town Magistrate) eligibility shall be determined by the terms of any employment agreement approved by the Council. 7. Regular full- and part-time classified, sworn, and unclassified employees who are at the top of their pay range are eligible to receive a lump sum payment of $750 if not otherwise disqualified by the criteria set forth below. 8. Regular full- and part-time classified, sworn, and unclassified employees who receive a partial increase and reach top of their pay range are eligible to receive a lump sum payment of up to $750, not to exceed the total increase eligible if they had not reached the top of the grade, if not otherwise disqualified by the criteria set forth below. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 252 of 263 2 9. Regular full- and part-time classified, sworn, and unclassified employees who have received a corrective action memo during Fiscal Year 2023 are eligible to receive a 2% Team Performance Pay adjustment or reduced lump sum payment of $375. 10. Regular full- and part-time classified, sworn, and unclassified employees who have received a written reprimand during Fiscal Year 2023 are eligible to receive a 1% Team Performance Pay adjustment or reduced lump sum payment of $185. 11. Employees who have been on leave status for more than six months, suspended, involuntarily demoted, or have received more than one corrective action memo and/or written reprimand during Fiscal Year 2023 are not eligible to receive the Team Performance Pay adjustment. Employees receiving a combination of a Work or Performance Improvement Plan (WIP/PIP ) and either a corrective action memo related to expectations outlined in the WIP/PIP or written reprimand during Fiscal Year 2023 are not eligible to receive the Team Performance Pay adjustment. 12. A department head has the option to seek approval from the Town Manager for a 6 month delayed pay adjustment regarding the withheld adjustment if no further WIP/PIP or disciplinary action is issued to the employee during that 6 month period. Implementation 1. No adjustment to base pay shall cause an employee’s salary to exceed the maximum of the grade for the employee’s position. 2. Calculation of the increase will be based on an employee’s regular base pay rate, exclusive of other types of compensation (i.e. special assignment pay, overtime pay, shift differential, etc.) Pay Administration 1. Eligible employees will receive the Team Performance Pay adjustment and/or Salary Schedule adjustment (for those who fall below the minimum of their paygrade) with the paycheck beginning August 4, 2023. 2. Compensation will be paid in accordance with the Town’s bi-weekly regular payroll cycle. 3. Compensation will be subject to normal payroll taxes and other regular payroll deductions. 4. Compensation will be subject to pension contributions as provided by state law. 5. Federal and State withholding will be calculated based on the current exemptions on file. Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 253 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum $51,581.08 $64,477.19 $77,372.18 Annual 713 Airport Operations Supervisor Exempt 198 Communications Specialist Exempt 439 Executive Assistant to the Town Manager Exempt 205 Human Resources Generalist Exempt 707 Parks Project Specialist Exempt 515 Planner Exempt 223 Procurement Specialist Exempt 327 Safety & Health Specialist Exempt 840 Visual Communications Designer Exempt 487 Water Business Services Supervisor Exempt 479 Water Conservation Analyst Exempt $56,739.75 $70,924.69 $85,109.63 Annual 475 Business Process Supervisor Exempt 718 Chief Water Quality Operator Exempt 237 CIP Process Analyst Exempt 477 Development Services Analyst Exempt 202 Economic Development Specialist Exempt 252 GIS Analyst Exempt 276 Management Assistant Exempt 752 Parks Maintenance Supervisor Exempt 214 Payroll Administrator Exempt 712 Public Works Supervisor Exempt 753 Recreation Supervisor Exempt Classified Positions GRADE 110 Exempt Positions Human Resources Salary Schedules Fiscal Year 2023-2024 GRADE 109 **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 254 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum 485 Revenue and Customer Service Manager Exempt 335 Safety & Health Coordinator Exempt 210 Senior Accountant Exempt 203 Senior Human Resources Generalist Exempt 246 Senior Planner Exempt 268 Technology Analyst Exempt 722 Water Distribution Supervisor Exempt 723 Water Production Supervisor Exempt $62,981.00 $78,725.67 $94,471.48 Annual 655 Asset Systems Manager Exempt 719 Chief Water Reclamation Operator Exempt 239 Construction & Inspection Manager Exempt 814 Crime Scene Property & Evidence Supervisor Exempt 400 Deputy Town Clerk Exempt 163 Environmental Project Manager Exempt 229 Floodplain Manager Exempt 217 Grants Manager Exempt 199 HRIS and Payroll Manager Exempt 341 Network Administrator Exempt 211 Procurement Officer Exempt 467 SCADA Administrator Exempt 320 Software Developer Exempt 502 Superintendent Exempt 201 Tourism & Marketing Manager Exempt $70,538.94 $88,173.38 $105,807.83 Annual 124 Assistant Building Official Exempt 222 Associate Town Attorney Exempt 177 Chief Code Enforcement and Animal Control Officer Exempt 197 Organizational Development Manager Exempt 161 Project Manager Exempt 319 Real Property Manager Exempt GRADE 111 GRADE 112 **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 255 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum 329 Risk Manager Exempt 258 Senior GIS Analyst Exempt 340 Senior Network Administrator Exempt 339 Senior Software Developer Exempt 241 Technology Supervisor Exempt 247 Technology Support Supervisor Exempt 489 Water Resources Administrator Exempt $79,709.03 $99,635.73 $119,562.43 Annual 261 Assistant Town Attorney Exempt 275 Budget Manager Exempt 488 Business Financial Manager Exempt 230 Civil Engineer Exempt 170 Court Administrator Exempt 274 Finance Manager Exempt 240 Technology Manager Exempt 263 Traffic Manager Exempt 159 Water Operations Manager Exempt 153 Water Reclamation Operations Manager Exempt $90,070.97 $112,588.68 $135,106.43 Annual 175 Chief Building Official Exempt 151 CIP Engineering Division Manager Exempt 147 Development Engineering Division Manager Exempt 245 Planning Manager Exempt 262 Senior Assistant Town Attorney Exempt 167 Water Engineering Manager Exempt $101,779.69 $127,225.18 $152,669.53 Annual 129 Development Services Deputy Director Exempt 149 Finance Deputy Director Exempt 250 Human Resources Deputy Director Exempt 155 Parks & Recreation Deputy Director Exempt GRADE 113 GRADE 115 GRADE 114 **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 256 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum 158 Public Works Deputy Director Exempt 135 Technology Services Deputy Director Exempt 148 Water Deputy Director Exempt $115,011.05 $143,764.45 $172,516.57 Annual 154 Deputy Town Attorney Exempt $32,470.36 $39,776.88 $47,082.62 Annual $15.6108 $19.1235 $22.6359 Hourly 406 Administrative Assistant Non-exempt 746 Custodian Non-exempt 680 Customer Service Representative Non-exempt 703 Parks and Recreation Maintenance Associate I Non-exempt 701 Public Works Maintenance Associate I Non-exempt $34,743.80 $42,561.48 $50,379.42 Annual $16.7037 $20.4623 $24.2209 Hourly 417 Accounting Associate Non-exempt 456 Court Clerk Non-exempt 408 Customer Service Specialist Non-exempt 429 Legal Clerk Non-exempt 598 Parks and Recreation Maintenance Associate II Non-exempt 444 Police Records Clerk Non-exempt 599 Public Works Maintenance Associate II Non-exempt 443 Property & Evidence Records Clerk Non-exempt 423 Records Clerk Non-exempt 442 Water Billing Specialist Non-exempt $37,176.36 $45,540.56 $53,905.80 Annual $17.8733 $21.8945 $25.9162 Hourly 450 Court Collections Specialist Non-exempt 620 Courtroom Specialist Non-exempt 748 Faciliites Technician I Non-exempt 614 Fleet Technician I Non-exempt 747 Lead Custodian Non-exempt GRADE 210 GRADE 209 GRADE 208 Non-Exempt Positions GRADE 116 **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 257 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum 427 Legal Document Specialist Non-exempt 607 Parks and Recreation Maintenance Associate III Non-exempt 605 Public Works Maintenance Associate III Non-exempt $39,778.70 $48,728.16 $57,678.40 Annual $19.1244 $23.4270 $27.7300 Hourly 660 Assets Coordinator Non-exempt 453 Court Operations Specialist Non-exempt 242 Court Probation Monitor Non-exempt 812 Court Security Officer Non-exempt 810 Crime Scene Specialist Non-exempt 434 Development Coordinator Non-exempt 336 Engineering Aide Non-exempt 741 Equipment Operator I Non-exempt 749 Facilities Technician II Non-exempt 508 Fleet Technician II Non-exempt 419 License & Tax Specialist Non-exempt 413 Payroll Technician Non-exempt 433 Permit Technician Non-exempt 665 Police Assets Coordinator Non-exempt 445 Police Records Specialist Non-exempt 547 Project Coordinator-CIP Non-exempt 323 Real Property Coordinator Non-exempt 418 Senior Accounting Associate Non-exempt 455 Senior Court Clerk Non-exempt 621 Senior Courtroom Specialist Non-exempt 704 Signs and Markings Technician I Non-exempt $42,960.58 $52,626.86 $62,293.14 Annual $20.6541 $25.3014 $29.9486 Hourly 527 Animal Control Officer Non-exempt 603 Aquatic Maintenance Technician Non-exempt 729 Associate Water Reclamation Mechanic Non-exempt 517 Code Enforcement Technician Non-exempt 448 Dispatcher Non-exempt 616 Equipment Mechanic Non-exempt GRADE 211 GRADE 212 **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 258 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum 743 Equipment Operator II Non-exempt 438 Executive Assistant Non-exempt 744 Irrigation Control Technician Non-exempt 426 Legal Assistant Non-exempt 466 Recreation Programmer Non-exempt 309 Technology Support Specialist I Non-exempt 736 Water Operator I Non-exempt $46,398.04 $56,837.04 $67,276.82 Annual $22.3068 $27.3255 $32.3446 Hourly 522 Code Enforcement Officer I Non-exempt 461 Community Outreach Coordinator Non-exempt 525 Construction Inspector Non-exempt 224 Environmental Technician Non-exempt 754 Facilities Specialist Non-exempt 414 Human Resources Specialist Non-exempt 510 Lead Fleet Technician Non-exempt 526 Right of Way Inspector Non-exempt 431 Senior Legal Assistant Non-exempt 705 Signs and Markings Specialist Non-exempt 372 Traffic Technician II Non-exempt 737 Water Operator II Non-exempt 532 Water Quality Technician Non-exempt 730 Water Reclamation Operator I Non-exempt $50,573.38 $61,952.28 $73,331.70 Annual $24.3141 $29.7847 $35.2556 Hourly 471 Administrative Supervisor Non-exempt 518 Building Inspector I Non-exempt 315 Business Process Analyst Non-exempt 521 Code Enforcement Officer II Non-exempt 560 Engineering Specialist Non-exempt 225 Environmental Specialist Non-exempt 751 Facilities Tradesman Non-exempt 219 Financial Specialist Non-exempt 514 Housing Rehabilitation Specialist Non-exempt 302 Plans Examiner Non-exempt GRADE 214 GRADE 213 **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 259 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum 470 Police Records Supervisor Non-exempt 313 Technology Support Specialist II Non-exempt 738 Water Operator III Non-exempt 533 Water Quality Specialist Non-exempt 728 Water Reclamation Mechanic Non-exempt 731 Water Reclamation Operator II Non-exempt 469 Water Technology Support Specialist II Non-exempt $55,630.38 $68,147.56 $80,664.74 Annual $26.7454 $32.7632 $38.7811 Hourly 452 Court Supervisor Non-exempt 464 Police Telecommunications Supervisor Non-exempt 249 Senior Crime Analyst Non-exempt 561 Senior Engineering Specialist Non-exempt 373 Traffic Technician III Non-exempt $61,193.86 $74,962.42 $88,731.50 Annual $29.4201 $36.0396 $42.6594 Hourly 516 Building Inspector II Non-exempt 300 Senior Plans Examiner Non-exempt Shift Differential Pay $1.15 per hour On-Call/Stand-By Pay $1.00 per hour *Final paygrade/title subject to position review later in the year Additional Pay (Applies only to Non Exempt Positions) GRADE 215 Pay for employees who stand ready to work during non-work hours when assigned. Pay for employees who work between 6:00 p.m. and 6:00 a.m. GRADE 216 **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 260 of 263 Job Code Grade Job Title Salary Schedules 806 PO Police Officer Non-Exempt Minimum Midpoint Maximum Annual $59,595.64 $71,725.68 $83,856.50 Hourly $28.6517 $34.4835 $40.3156 804 DET Police Detective Non-Exempt Minimum Midpoint Maximum Annual $63,767.08 $76,746.54 $89,726.52 Hourly $30.6573 $36.8974 $43.1377 802 SGT Police Sergeant Non-Exempt Minimum Midpoint Maximum Annual $84,432.92 $93,530.06 $102,627.46 Hourly $40.5927 $44.9664 $49.3401 800 LT Police Lieutenant Exempt Minimum Midpoint Maximum Annual $99,517.22 $116,439.72 $133,362.20 801 CAPT Police Captain Exempt Minimum Midpoint Maximum Annual $109,468.32 $130,240.68 $151,013.04 5% added to base pay Auto Theft Task Force 5% added to base pay Lead Police Officer 5% added to base pay Counter Narcotics Alliance 5% added to base pay DART 5% added to base pay DEA Task Force 5% added to base pay EOD (Explosives) 5% added to base pay GIITEM Task Force 5% added to base pay Investigator 5% added to base pay K9 5% added to base pay Motorcycles 5% added to base pay School Resource Officer (SRO) 5% added to base pay SWAT 5% added to base pay Volunteer Coordinator Field Training Officer Additional Pay for Sworn Positions (Applies only to Non-Exempt Sworn) $1.15 per hour $1.00 per hour Pay for employees who work between 6:00 p.m. and 6:00 a.m. Pay for employees who stand ready to work during non-work hours as assigned. Police Officer Special Assignments Pays Classified Sworn Positions Non-Exempt Positions Exempt Positions Shift Differential On-Call/Stand-By Pay One additional hour of pay per shift paid at time and one-half rate when serving as FTO **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 261 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum $47,295.13 $59,118.62 $70,943.24 Annual 190 Historian Exempt $70,538.94 $88,173.38 $105,807.83 Annual 260 Assistant to the Town Manager Exempt $79,709.03 $99,635.73 $119,562.43 Annual 141 Communications Manager Exempt $90,070.97 $112,588.68 $135,106.43 Annual 143 Airport Manager Exempt $122,135.63 $152,670.21 $183,203.43 Annual 182 Deputy Chief of Police Exempt $116,993.67 $149,166.50 $181,339.31 Annual 114 Community and Neighborhood Services Director Exempt 127 Development Services Director Exempt 115 Director of Economic Development and Tourism Exempt 118 Finance Director Exempt 116 Human Resources Director Exempt 136 Parks and Recreation Director Exempt 180 Public Works Director Exempt 134 Technology Services Director Exempt 106 Town Clerk Exempt 146 Water Director Exempt $131,032.91 $167,066.48 $203,100.03 Annual 138 Chief of Police Exempt 110 Deputy Town Manager Exempt 120 Town Attorney Exempt Unclassified Positions Exempt Positions Town Officers Grade II Town Officers Grade III Grade AA Grade C Grade E Grade B Grade A **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 262 of 263 Job Code Job Title FLSA** Status Minimum Midpoint Maximum 828 *Head Lifeguard Non-exempt $17.00 $17.25 $17.50 $17.75 $18.00 826 *Lifeguard Non-exempt $16.00 $16.25 $16.50 $16.75 $17.00 824 *Recreation Aide Non-exempt $14.00 $14.25 $14.50 $14.75 $15.00 Job Code Job Title FLSA** Status High School College Grad School Law School 480 Intern Non-exempt $13.85 $14.85 $15.85 $16.85 Job Code Job Title FLSA** Status half day session full day session 169 Judge Pro Tempore Exempt $150.00 $300.00 Flat Rate Job Code Job Title FLSA** Status Flat Rate 805 Background Investigator Non-exempt $17.8733 447 Dispatcher STT Non-exempt $20.6541 $1.15 per hour Pay for employees who work between 6:00 p.m. and 6:00 a.m. $1.00 per hour Temporary Positions Additional Pay (Applies only to Non-Exempt position) Pay for employees who stand ready to work as assigned during non-work hours when assigned. Shift Differential On-Call/ Stand-by *returning employees may receive a $.25 (cents) increase each year *if less than half day session rate is $50 per hour **Fair Labor Standards Act Revised July 15, 2023Marana Regular Town Council Meeting Agenda Packet June 20, 2023 Page 263 of 263