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HomeMy WebLinkAbout2-20-2024 Regular Council Meeting Agenda PacketMARANA AZ E STAB L IS HE D 1 9 7 7 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 20, 2024, 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 February 20, 2024, 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 Town Council Regular Meeting Agenda Packet Page 1 of 161 February 20, 2024 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 Town Council Regular Meeting Agenda Packet Page 2 of 161 February 20, 2024 PROCLAMATIONS PR1 Proclamation Recognizing 20 Years of the Marana Police Volunteers Program (David L. Udall) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P1 Relating to Budget; presentation of second quarter results (July -December) for the Town's General Fund and other selected major funds for the 2023-2024 fiscal year (Yiannis Kalaitzidis) P2 Relating to Strategic Planning; presentation and discussion regarding the Town's progress in implementing the Marana Strategic Plan Five (Andrea De La Cruz) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2024-014: Relating to Development; approving a release of assurances for Tangerine Business Park Blocks 1-10 and Common Areas and accepting public water improvements for maintenance (Jason Angell) C2 Resolution No. 2024-015: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves, Section 4-1-5 "Request for Vacation Leave" and Chapter 5 - Work Rules and Employee Discipline, Policy 5-1 "Hours of Work" and Section 5-5-5 "Grounds for Disciplinary Action" (Curry C. Hale) Marana Town Council Regular Meeting Agenda Packet Page 3 of 161 February 20, 2024 C3 Resolution No. 2024-016: Relating to Utilities; approving and authorizing the Mayor to sign the Intergovernmental Agreement between the Town of Marana and Pima County for the Bike Path Construction & Cost Sharing (Jing Luo) C4 Resolution No. 2024-017: Relating to Water; approving and authorizing the Mayor to sign an agreement for construction of water facilities under private contract with Trico Electric Cooperative, Inc. (David L. Udall) C5 Approval of Regular Council Meeting Summary Minutes of February 6, 2024 (David L. Udall) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for an owner transfer of a series #007 Beer and Wine Bar liquor license submitted by Mark Wayne Hoesing on behalf of Quarry Pines Golf Club, located at 8480 North Continental Links Drive, Tucson, Arizona 85743 (David L. Udall) BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2024-018: Relating to Benefits; appointing Yiannis Kalaitzidis as a Trustee for the Marana Health Care Benefits Trust for a four-year term and making additional Trustee appointments for the Marana Health Care Benefits Trust, retroactively effective from November 20, 2023 (David L. Udall) COUNCIL ACTION Al Resolution No. 2024-019: Relating to Water; approving and authorizing the Mayor to sign a purchase and sale agreement for long term storage credits with the Tohono O'odham Nation (Jing Luo) 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) Marana Town Council Regular Meeting Agenda Packet Page 4 of 161 February 20, 2024 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 Marana Heath Care Benefits Trust Board. E3 Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4), discussion or consultation for legal advice with the Towri s attorneys and to consider the Town's position and instruct its attorneys regarding contemplated litigation to recover costs to remedy water quality issues resulting from perfluorinated compounds contamination. 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 Town Council Regular Meeting Agenda Packet Page 5 of 161 February 20, 2024 A6� C----* MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting PR1 Meeting Date: 02/20/2024 Submitted For: David L. Udall, Town Clerk/Assistant Town Attorney Date: February 20, 2024 Subject: Proclamation Recognizing 20 Years of the Marana Police Volunteers Program (David L. Udall) Proclamation Attachments Marana Town Council Regular Meeting Agenda Packet Page 6 of 161 February 20, 2024 MARANA AZ ESTABLISHED 1977 PROCLAMATION Recognizing 20 Years of the Marana Police Volunteers Program WHEREAS, the Marana Police Volunteer Program was established in January 2004 and now celebrates its 20th year of continuous service to the Marana Police Department and the Town of Marana; and WHEREAS, the Department alone cannot meet the all community needs and welcomes the willingness of volunteers who contribute their time and talents to fulfill shortfalls; and WHEREAS, the Marana Police Volunteer Program was established and continues to serve the Marana Police Department in various capacities of administrative support and patrol, augmenting the Community Resource Unit's outreach through its wide variety of programs; and WHEREAS, volunteers make themselves available to be called out day or night to assist officers by providing crash scene protection, traffic control, business security checks, and Vacation Watch programs, allowing sworn officers to focus on patrol duties; and WHEREAS, the Marana. Police Department expresses its gratitude to the more than one - hundred community member volunteers who contributed nearly 18,000 hours valued at more than $1.9 million in labor over the last 20 years of supporting the mission of the Marana Police Department. NOW, THEREFORE, I, Ed Honea, Mayor gf the Town of Marana, do hereby recognize and commend the Marana Police Volunteers for their 20 years of service and for the profound impact they have on the successes of the Town of Marana and Marana. Police. Dated this 7th day of February, 2024. David L. Udall, Town Clerk Ed Honea, Mayo Marana Town Council Regular Meeting Agenda Packet Page 7 of 161 February 20, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting P1 Meeting Date: 02/20/2024 To: Mayor and Council From: Yiannis Kalaitzidis, Finance Director Date: February 20, 2024 Strategic Plan Focus Area: Not Applicable Subject: Relating to Budget; presentation of second quarter results (July -December) for the Town's General Fund and other selected major funds for the 2023-2024 fiscal year (Yiannis Kalaitzidis) Discussion: The purpose of this item is to present a summary of the Town's second quarter financial results (July -December) for the Town's General Fund and other selected major funds for fiscal year 2023-2024. It is important to note that these results are preliminary, unaudited and subject to change based upon adjusting entries, as necessary. The attached provides a high-level revenue and expenditure summary at the end of the current quarter. Revenue Overall, revenues are within or above expectations for all funds at this time of the year, with the possible exception of the HURF fund. • Revenues for the General Fund are better than expected due to better than anticipated sales tax receipts in most categories with construction related taxes significantly above forecasts. • HURF fund is below expectations. Based on the current trend revenues are projected to be below budgeted levels at year end. • Bed Tax Fund revenues are within expectations, when adjusting the current balance for a one-time refund related to one of the hotel operators. Overall, hotel activity has shown a slight reduction in the six months, but remains higher as compared to pre -pandemic levels. If the current revenue trend continues, the one-time refund should not impact our overall revenue projection. Marana Town Council Regular Meeting Agenda Packet Page 8 of 161 February 20, 2024 • Half Cent Sales Tax fund revenues which will be used for the multi -generational community and aquatics center continues to average collections in excess of $600,000 per month since its inception as retail sales taxes remain strong through the first quarter. • Transportation fund revenues are significantly above expectations at this time of year as builders continue to request a higher number of permits than anticipated, and due to a number of large commercial projects. In addition, amounts collected reflect a one-time cash inflow related to recovered taxes from a prior year. • Charges for services revenues in the enterprise funds are within or above expectations for this time of year. Additional detail about these variances is included within the visualization slides attached to this item. Expenditures Expenditures in all funds are at or below expectations. This is partly due to the timing of one-time projects and programs which are expected to occur in future quarters. The Water and Water reclamation funds are within expectations when excluding debt service payments that happened during the first quarter of the fiscal year. The quarterly update will be available on the Town's website following tonight's meeting. The public may interact with the Power BI tool by drilling down into the data. The tool can be found on the following page: httl2://www.maranaaz.gov/financial-documents Staff Recommendation: Presentation of second quarter results only. Suggested Motion: Presentation of second quarter results only. Attachments 2nd Quarter Financial Update Marana Town Council Regular Meeting Agenda Packet Page 9 of 161 February 20, 2024 Financial Brief: Second Quarter Fiscal Year 2023 Prepared by: Finance Department 2024 Marana Town Council Regular Meeting Agenda Packet February 20, 2024 Page 10 of 161 Contents Summary General Fund Revenues2 General Fund Expenses ___________________________________________ 3 HURF Revenues 4 HURFExpenses------------------------------------------------------------5 Transportation Fund Revenues -------------------------------- 6 Transportation Fund Expenses ---------------------------------- 7 Bed Tax Fund Revenues8 Bed Tax Fund Expenses --------------------------------------------- 9 Half Cent Sales Tax Fund Revenues 10 Half Cent Sales Tax Fund Expenses ------------------------- 1 1 Water Revenues 12 WaterExpenses ----------------------------------------------------------- 13 Water Reclamation Revenues --------------------------------- 14 Water Reclamation Expenses ---------------------------------- 15 Airport Revenues --------------------------------------------------------- 16 Airport Expenses ---------------------------------------------------------- 17 Marana Town Council Regular Meeting Agenda Packet Page 11 of 161 February 20, 2024 FISCAL YEAR 2023 - 2024 SECOND QUARTER FINANCIAL BRI B This financial brief is intended to provide a broad overview and status of revenues and expenditures for the Town's selected major funds through the second quarter of fiscal year 2024 (July 2023 - December 2023). Major funds included in this financial brief are the General Fund, Highway User Revenue Fund (HURF), Bed Tax Fund, Half Cent Sales Tax Fund and Transportation Fund. Also included are the Airport, Water, and Water Reclamation enterprise funds. Please note that all amounts are preliminary, unaudited and subject to change based upon adjusting entries, as necessary_ The table below shows an overview for each fund. :� AEI1001 V Fund FY 2024 Budget Actual % Budget GENERAL FUND 69,792,496 44,371,452 640i( HURF 5,079,784 2,343,090 46% TRANSPORTATION FUND 4,300,000 8,686,839 20201,- BED TAX FUND 1,450,000 647,237 45% 112 CENT SALES TAX 59,561,367 3,748,496 6% WATER FUND 10,686,919 4,953,603 46% I WATER RECLAMATION FUND 4,047,125 2,038,826 50% AIRPORT FUND 647,162 94,897 15% Click HERE for a User Guide and FAQ about this report Marana T *:1,I�191k101Oki FY 2024 Budget 75,085,291 Actual % Budget 27,195,120 36% 6,765,028 2,246,757 33% 29,654,333 610,302 2% 1,950,000 848,927 44% 63,170, 697 5,500,146 9% 13,478,206 4,280,171 32% 5,658,587 867,937 15% 647,162 209,777 32% Council Regular Meeting Agenda Packet February 20, 2024 OVER/UNDER YTD Over/Under 17,175,481 96,333 8,076,537 -201,690 -1,751,650 673,432 1,170,857 -114,880 �w Page 12 of 161 MARANA FY 2023-2024 SECOND QUARTER: GENERAL FUND REVENUES Category Sales Tax Intergovernmental Licenses, Fees, & Permits Charges for Services Other FY 2024 Budget Actual 3 % Budget 35,123,831 22,374,659 64% 25,945,620 12,824,089 49% 4,617,500 4,482,955 97% 829,000 371,474 45% 3,276,545 4,318,274 132% 0M Select Revenue or Expense EXPENSES REVENUES 70M General Fund Relevant Information The General Fund is the Town's primary operating fund. Sales Tax, Intergovernmental revenues and Licenses, Fees, & Permits make up over 95% of budgeted revenues for the fund. Overall, collections are above expected levels through the second quarter of FY2024. Sales tax and contracting tax revenues are both well above last fiscal year's second quarter revenues despite continued economic uncertainty. Intergovernmental revenues include amounts received from the State's shared revenue program and are distributed based upon population estimates and economic conditions. Licenses, Fees, & Permits also are exceeding expectations with revenues greater after the second quarter this fiscal year when compared to last year due to Year • 2022 02023 02024 WCategory 20M Sales Tax 717,865,199 20,405,566 22,374,659 Intergovernmental 7'948,598 10,417,643 12,824'089 Licenses, Fees, & Permits 5,453,151 3,580,121 4,482,955 101M Charges for Services 521,080 481,782 371,474 Other 1,047,438 2,302,749 4,318,274 - Ial OM Sales Tax Intergovernmental Licenses, Fees, & Marana Town Council Regular Meeting Agenda Packet Charges for Other February 20, 2024 Page 13 of 161 Permits Services 2 FY 2023-2024 SECOND QUARTER: GENERAL FUND EXPENSES mmCategory Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Other Financing Uses Tota FY 2024 Budget Actual * % Budget 44,131,900 18,971,163 43% 10,335,756 3,902,190 38% 8,998,362 3,381,495 38% 6,898,792 554,726 8% 4,720,481 385,547 8% 0M A 27M Select Revenue or Expense EXPENSES REVENUES 75M General Fund Relevant Information General Fund expenses through the second quarter of FY2024 overall are lower than anticipated. Personnel & Benefits expenses are in line with expectations. Savings to date are due to vacancies across several departments. Capital Outlay is associated with a number of projects and capital equipment purchases, many of which will occur later in the fiscal year. Other Financing Uses is related to budgeted transfers which will also be completed later in the year. Year 2022 02023 2024 20M 10M 0M Marana Town Council Regular Meeting Capital Outlay February 20, 2024 EL.Category Personnel & Benefits Contracted Services Operating Supplies & Equipment Capital Outlay Other Financina Uses 14,798,293 22,476,945 18,971,163 2,746,187 3,311,795 3,902,190 2,622,777 2,737,145 3,381,495 357,220 1,224,720 554,726 390,087 314,393 385,547 Personnel & Benefits Contracted Services Operating Supplies & Equipment 3 FY 2023-2024 SECOND QUARTER: HURF REVENUES OIL— Category Other Intergovernmental FY 2024 Budget 110,000 Actua % Budget 81,511 74% •I• � • 54",079,784 2,343,090 46% 0M A 2 M Select Revenue or Expense EXPENSES REVENUES A& HURF Relevant Information The Highway User Revenue Fund or HURF is set by the collection of fees and taxes from users of the State's roads and highways which the State collects. Cities and towns receive a percentage of revenues based on population estimates and gasoline sales within each county. Second quarter HURF revenue collections are slightly below budgeted expectations. Charges for services are payment in lieu of fees collected from third parties to be expended for the preservation of roads. There were no charges for services revenues in the second quarter. Other revenue is comprised of investment income and reflects the current environment of higher interest rates. Year 2022 02023 _ 2024 2M 1M IN UV EL Category Intergovernmental Charges for Services Other Marana Town Council Regular Meeting Agenda Packet Charges for Services Other I February 20, 2024 2,083,093 2,298,042 2,261,579 48,098 115,029 7,620 61,443 81,511 Page 15 of 161 Intergovernmental 0 FY 2023-2024 SECOND QUARTER: HURF EXPENSES Select Revenue or Expense EXPENSES REVENUES Category FY 2024 Budget Actua % u ge Operating Supplies & Equipment 293,050 137,499 47% Capital Outlay 852,044 390,954 46% Contracted Services 5,419,934 1,718,304 32% Other Financing Uses 200,000 OM 2M 7M HURF Relevant Information HURF expenses are overall below budgeted amounts through the second quarter of FY2024. Contracted Services is below budget due to the timing of the Town's Pavement Preservation Program. The prior year preservation budget was carried forward to the current budget year due to a variety of reasons, and is ongoing during the second quarter, with additional funding available later this fiscal year. Operating Supplies & Equipment is overall in line with expectations. Capital Outlay is associated with vehicle/equipment purchases, some of which were carried forward, and ADA compliance and irrigation project funding that will be utilized in future periods. Other Financing Uses is restricted budget for possible monsoon storm damage or L- other unanto6nated needs - Year • 2022 02023 # 2024 2.OM 1.5M 1.0M 0.5 M 0.0M Contracted Services Operating Supplies & Equipment Contracted Services Operating Supplies & Equipm Capital Outlay E Marana Town Council Regular Meeting Agenda Packet Capital Outlay February 20, 2024 450,599 1,057,944 1,718,304 100,075 125,336 137,499 33,282 456,508 390,954 Page 16 of 161 5 FY 2023-2024 SECOND QUARTER: TRANSPORTATION FUND REVENUES Category Other Sales Tax FY 2024 Budget Actua % Budget 150,000 35,715 24% 4,150,000 8,651,124 208% IL 4,300,000 0M Select Revenue or Expense EXPENSES REVENUES 4M Transportation Fund Relevant Information The Transportation Fund is comprised of 75% of all contracting taxes collected by the Town, and is to be used for new road construction and reconstruction projects. Second quarter revenue collections have exceeded budget expectations for the year due to higher than anticipated residential and commercial construction activity throughout the Town. In addition, revenues reflect a one-time sales tax recovery from a prior period as the result of a statewide audit. Other budgeted revenue is comprised of investment income and one-time third party contributions. Year • 2022 02023 2024 10M 5M X"V MEMEL— Other WCategory Sales Tax Other Total Marana Town Council Regular Meeting Agenda Packet February 20, 2024 Page 17 of 161 Sales Tax FY 2023-2024 SECOND QUARTER: TRANSPORTATION FUND EXPENSES Category Other Financing Uses Debt Service Capital Outlay Operating Supplies & Equipment FY 2024 Budget Actua 1,260,419 93,890 10,000 12,084 27,733,914 492,048 650,000 12,280 % Budget Select Revenue or Expense EXPENSES REVENUES 610K OM � 30M Transportation Fund Relevant Information Transportation Fund expenses are below budgeted levels through the second quarter of FY2024.0 Operating Supplies & Equipment is associated with ongoing developer reimbursements p p 9 9 q p g pp9 9 p paid on a semi-annual basis. Capital Outlay is associated with multi -year CIP projects, including Tangerine Road widening east of 1-10 and Twin Peaks Road & Rattlesnake Pass widening. Other Financing Uses is primarily associated with planned transfers related to debt service. Year 2022 02023 2024 2M 0M Operating Supplies & Equipment Capital Outlay Debt Service Category EL 202 02024 23 2 J miAAWllllll Operating Supplies & Equipm... 78,549 56,402 12,280 Capital Outlay 170,109 2,280,790 492,048 Debt Service 12,154 11,561 12,084 Other Financing Uses 125,078 109,872 93,890 'Wal Marana Town Council Regular Meeting Agenda Packet Other Financing Usnbruary 20, 2024 Page 18 of 161 7 FY 2023-2024 SECOND QUARTER: BED TAX FUND REVENUES MCategory FY 2024 Budget Actua Sales Tax 1,450,000 647,237 Bed Tax Fund Relevant Information % Budget 45°ro 0M Select Revenue or Expense EXPENSES REVENUES fl& The Bed Tax Fund accounts for the collection of the discriminatory portion of revenues restricted for tourism initiatives. Second quarter revenue collections for FY2024 are slightly lower than last year due a refund issued to one of the properties. However, total revenues should not be impacted from this one-time event in a material manner. Overall, hotel revenues are proving to be resilient with room pricing rates remaining significantly above pre -pandemic levels while overall demand has fully recovered to normal prior year cycles. Year • 2022 •2023 02024 0.8 M 0.6 M 0.4 M 0.2 M 0.0 M I& Category 24 Sales Tax 736,486 745,648 647,237 Marana Town Council Regular Meeting Agenda Packet February 20, 2024 Page 19 of 161 Sales Tax V FY 2023-2024 SECOND QUARTER: BED TAX FUND EXPENSES Category Personnel & Benefits Contracted Services Operating Supplies & Equipment Other Financing Uses FY 2024 Budget Actua 161,953 70,368 1,079,056 178,403 530,588 778,560 % Budget 43% 72% 0M Select Revenue or Expense EXPENSES REVENUES JOP8 A49K zM Bed Tax Fund Relevant Information As a whole, the Bed Tax Fund spending is as expected through the second quarter of FY2024. Contracted services is primarily related to the annual State Land lease payment, which was paid during the second quarter, and also includes planned advertising costs in support of tourism activities. Operating Supplies & Equipment includes developer rebates. The latter are normally paid in later quarters. Other Financing Uses is restricted budget for unanticipated needs and includes $500,000 for future tourism related opportunities not yet identified by the department. Year • 2022 92023 02024 0.8 M 0.6M OAM 0.2 M 0.0M - EL.Calegory Personnel & Benefits Contracted Services Operating Supplies & Equipment Marana Town Council Regular Meeting Agenda Packet Operating Supplies & February 20, 2024 Equipment 67,709 19,907 70,368 697,524 719,672 778,560 30 Page 20 of 161 Personnel & Benefits Contracted Services I FY 2023-2024 SECOND QUARTER: HALF CENT SALES TAX FUND REVENUES Category Sales Tax Other FY 2024 Budget 6,561,367 53,000,000 Actual _dL_ 3,748,496 % Budget 5 7 io Select Revenue or Expense EXPENSES REVENUES 60M 112 Cent Sales Tax Fund Relevant Information Town Council adopted Ordinance 2021.022 to amend the Town Tax Code by increasing the tax rate on certain activities by one-half cent for a new multi -generational recreation facility. Collections through the second quarter of the fiscal year continue to exceed expectations as the economy continues to perform better than anticipated in an uncertain economic environment. Collections from the tax continue to average more than $600,000 per month. Other revenues are related to debt proceeds for future debt issuance. Year • 2023 •2024 4M 3M 2M 1M 0M EL Category 2023 202 Sales Tax 3,707,875 3,748,496 3,707,875•. Marana Town Council Regular Meeting Agenda Packet February 20, 2024 Page 21 of 161 10 Sales Tax FY 2023-2024 SECOND QUARTER: HALF CENT SALES TAX FUND EXPENSES Category Capital Outlay Debt Service FY 2024 Budget 60,670,697 2,500,000 Actual Ak_ 5, 500,146 % Budget y io o„ft 6M Select Revenue or Expense EXPENSES REVENUES 63M 112 Cent Sales Tax Fund Relevant Information The FY2024 budget is associated with the design and construction and equipping of a new multi -generational recreation facility. Construction of the facility began in the second quarterof 9 9 9 tY• Y g q FY2024. Moving forward additional facility construction costs will be shown here. Debt Service expense is related to future debt issuance. Year • 2023 •2024 6M 4M 2M 0M Category Capital Outlay Marana Town Council Regular Meeting Agenda Packet February 20, 2024 I5S2,721 S,500,146 552,721 5,500,146 Page 22 of 161 Capital Outlay FY 2023-2024 SECOND QUARTER: WATER OPERATING FUND REVENUES Category AL Intergovernmental Licenses, Fees, & Permits Charges for Services Other FY 2024 Budget Actual % Budget 328,000 130,000 125,727 97% 8,622,500 4,684,114 54% 1,606,419 143,763 9% Nva Select Revenue or Expense EXPENSES REVENUES HIM Water Fund Relevant Information The current rates and fees for Marana Water customers can be found at - htt //www.maranaaz. ov/water-rates-and-fees. Charges for Services water sales comprise the majority of the P� g g ( ) P J Y revenue for the fund. Revenue collections through the first half of FY2024 are slightly above expectations. Other revenue is primarily comprised of planned interfund transfers used for debt service payments. 4M 2M OM Category Licenses, Fees, & Permits Charges for Services Other Total 2022 2023 2024 58,866 127,591 125,727 3,499,514 3,853,4S8 4,684,114 183,286 133,549 143,763 Page 23 of 161 Intergovernmental Licenses, Fees, & Permits Marana Town Council Regular Meeting Agenda Packet Charges for Services Other February 20, 2024 12 FY 2023-2024 SECOND QUARTER: WATER OPERATING FUND EXPENSES Select Revenue or Expense EXPENSES REVENUES Category FY 2024 Budget Actua!1A % Budget Personnel & Benefits 3,544,061 1,434,669 40% Contracted Services 2,628,534 795,316 30% Operating Supplies & Equipment 2,457,813 1,070,984 44% Capital Outlay 322,000 Debt Service 1,372,213 979,203 71% ZM Other Financing Uses 3,153,585 OM h 13M 0. 4,280,171 Water Fund Relevant Information Overall, FY2024 second quarter expenses for the Water Operating Fund continue to be below budget levels but within expectations. Personnel & Benefits are below expectations due to turnover in a number of positions. Debt Service is related to WIFA loan payments made in the first quarter of FY2024. Capital costs associated with infrastructure and CIP projects are captured in separate funds. Other Financing Uses is associated with planned transfers to the Water Capital Fund for the construction of capital projects. WITI 41t��F.Pt��11�t.L l EL.Category lill Personnel & Benefits Contracted Services Operating Supplies & Equipm Capital Outlay Debt Service 2 BE 2023 352024 1,088,540 1,244,403 1,434, 669 783,916 728,271 795,316 819,494 1,003,859 1,070,984 134,067 7,200 1,085,612 1,110,510 979,203 Page 24 of 161 Personnel & Benefits Contracted Operating Supplies Services & Equipment Marana Town Council Regular Meeting Agenda Packet Capital Outlay Debt SerR&uary 20, 2024 13 FY 2023-2024 SECOND QUARTER: WATER RECLAMATION OPERATING FUND REVENUES Category Charges for Services Other Licenses, Fees, & Permits FY 2024 Budget Actual 3,070,105 847,020 130,000 1,590,370 404,527 43,928 % Budget 52% 48% 34% ffla Water Reclamation Fund Relevant Information The current rates and fees for Marana Sewer customers can be found at - http://www.maranaaz.gov/water-rates-and-fees. Char, revenue for the fund. Overall, preliminary FY2024 second quarter revenue collections meet expectations. The majority of Other I funds for debt service payments. Year • 2022 •2023 2024 2.0 M 1.5M 1.0 M 0.5M Category Licenses, Fees, & Permits Charges for Services Other Total , Select Revenue or Expense EXPENSES REVENUES 2022 2023 2024 68,762 8,387 43,928 1,241,687 1,388,798 1,590,370 416,734 404,539 404,527 Licenses, Fees, & Permits Charges for Services Other Town Council Regular Meeting Agenda Packet February 20, 2024 Page 25 of 161 14 FY 2023-2024 SECOND QUARTER: WATER RECLAMATION OPERATING FUND EXPENSES Category Personnel & Benefits Contracted Services Operating Supplies & Equipment Debt Service Capital Outlay FY 2024 Budget Actual 780,944 1,316,675 438,012 866,981 112,300 342,85z 311,014 173,742 40,329 % Budget 24% 40% I5% Select Revenue or Expense EXPENSES REVENUES 868K bM Water Reclamation Fund Relevant Information Overall, second quarter expenses for the Water Reclamation Operating Fund are within or below expectations at this time of year. Debt Service is related to annual WIFA loan payments. Capital costs associated with infrastructure and CIP projects are captured in separate funds. Other Financing Uses is associated with transfers for capital improvement projects. Year • 2022 92023 02024 0.6 M 0.4 M 0.2 M 0.0 M Personnel & Benefits Contracted Services Operating Supplies & Equipment Category Personnel & Benefits Contracted Services Operating Supplies & Equipm. Debt Service 'WaI - Marana Town Council Regular Meeting Agenda Packet Debt Service February 20, 2024 2022 2023 2024 291,198 284,524 342,852 677,249 420,286 311,014 188,577 182,922 173,742 44,325 39,401 40,329 !01,348 1927,133 1867,937 Page 26 of 161 15 FY 2023-2024 SECOND QUARTER: AIRPORT OPERATING FUND REVENUES WE&Ca1egc Charges for Services Other FY 2024 Budget 347,672 299,490 ActuLajl%Budget 94,657 27010 240 0% o„Aj 95K Select Revenue or Expense EXPENSES REVENUES 647K Airport Fund Relevant Information Overall, preliminary second quarter revenue collections for the Airport Fund are in line with expectations. Other revenue is primarily comprised of miscellaneous revenues and transfers between funds scheduled to be completed as the Town reconciles and closes the books at the end of the fiscal year. Year • 2022 •2023 2024 100K SOK 114 WCategory Charges for Services Other Marana Town Council Regular Meeting Agenda Packet February 20, 2024 2022MK2023 392024 96,168 91,224 94,657 7,715 10,745 240 Page 27 of 161 16 Charges for Services other FY 2023-2024 SECOND QUARTER: AIRPORT OPERATING FUND EXPENSES WMCategory Personnel & Benefits Contracted Services Operating Supplies & Equipment FY 2024 Budget 324,362 254,950 67,850 Actual 131,790 52,538 25,449 % Budget 41% OK Airport Fund Relevant Information Overall, expenses for the Airport Fund are in line with expectations through the second quarter of FY2024. Costs related to CIP Year • 2022 92023 02024 100K 50K W EL.Category Personnel & Benefits Contracted Services Operating Supplies & Equipm Marana Town Council Regular Meeting Agenda Packet Operating Supplies & February 20, 2024 Equipment Select Revenue or Expense EXPENSES REVENUES 132,567 101,381 131,790 105,267 68,566 52,538 21,086 25,212 25,449 Page 28 of 161 Personnel & Benefits Contracted Services 17 MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting P2 Meeting Date: 02/20/2024 To: Mayor and Council Submitted For: Andrea De La Cruz, Assistant to the Town Manager From: Andrea De La Cruz, Assistant to the Town Manager Date: February 20, 2024 Strategic Plan Focus Area: Thriving Commerce, Vibrant Community, Cherished Heritage, Proactive Public Services, Healthy Lifestyles Subject: Relating to Strategic Planning; presentation and discussion regarding the Town's progress in implementing the Marana Strategic Plan Five (Andrea De La Cruz) Discussion: The Marana Town Council adopted Strategic Plan Five on September 6, 2022. The purpose of the Strategic Plan is to provide focus for municipal operations during Fiscal Year 2023 to Fiscal Year 2025. The Strategic Plan sets out five strategic focus areas to guide the Town in budgetary and policy decisions: 1. Cherished Heritage 2. Vibrant Community 3. Thriving Commerce 4. Healthy Lifestyles 5. Proactive Public Services After adoption of Strategic Plan Five, Staff began the implementation process of the goals and strategies outlined in the plan and is tracking the plan's progress through the use of Envisio. The purpose of tonight's presentation is to report on the Town's progress for Quarter 2 of Fiscal Year 2024 and to highlight key accomplishments. This progress update serves as a commitment to the Marana residents and stakeholders to provide transparency regarding the goals and strategies identified in the plan. The public can view the Town's progress at maranaaz.gov/strategic-plan. Marana Town Council Regular Meeting Agenda Packet Page 29 of 161 February 20, 2024 Staff Recommendation: Presentation of Strategic Plan Five progress only. Suggested Motion: Presentation of Strategic Plan Five progress only. No file(s) attached. Attachments Marana Town Council Regular Meeting Agenda Packet Page 30 of 161 February 20, 2024 MARANA E STAB L IS HE D 1 9 7 7 Council -Regular Meeting C1 Meeting Date: 02/20/2024 To: Mayor and Council Submitted For: Jason Angell, Development Services Director From: Dustin Ward, Development Engineering Division Manager Date: February 20, 2024 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2024-014: Relating to Development; approving a release of assurances for Tangerine Business Park Blocks 1-10 and Common Areas and accepting public water improvements for maintenance (Jason Angell) Discussion: Tangerine Business Park Blocks 1-10 and Common Areas is located along the south side of Tangerine Road east of North Marana Tech Drive. The final plat was recorded in the Pima County Recorder's Office on February 10, 2012, at Sequence Number 20120410281. The Town has multiple assurance agreements assuring the completion of improvements needed to serve the subdivision. The subdivider has completed the improvements serving Tangerine Business Park Blocks 1-10 acceptable to town standards in accordance with the assurance agreements, including public infrastructure consisting of a potable water system and common areas which include the private streets within the subdivision. If approved, this resolution will release the Tangerine Business Park assurances and accept the water system for maintenance. Staff Recommendation: Marana Town Council Regular Meeting Agenda Packet Page 31 of 161 February 20, 2024 Staff recommends approval of Resolution No. 2024-014. Suggested Motion: I move to adopt Resolution No. 2024-014, approving a release of assurances for Tangerine Business Park Blocks 1-10 and Common Areas and accepting public water improvements for maintenance. Resolution No. 2024-014 Location Map Attachments Marana Town Council Regular Meeting Agenda Packet Page 32 of 161 February 20, 2024 MARANA RESOLUTION NO. 2024-014 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR TANGERINE BUSINESS PARK, BLOCKS 1-10 AND COMMON AREAS AND ACCEPTING PUBLIC WATER IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for Tangerine Business Park, Blocks 1-10, Parcel "A" (Well Site), Common Area "A" (Open Space), Common area "B" (N. Tangerine Business Place and West Section N. Tangerine Business Loop), and Common Area "C" (East Section N. Tangerine Business Loop) was recorded in the Pima County Recorder's Office on February 10, 2012 at Sequence 20120410281; and WHEREAS the Town has a cash assurance agreement between Rancho Palomita Advisors, LLC (the "Subdivider"), Landmark Title Assurance Agency of Arizona, LLC, under Trust No. 18206-T, and Republic Services of Arizona Hauling, LLC, recorded in the Pima County Recorder's office on February 10, 2012 at Sequence 20120410282, assuring the completion of public and private? improvements for Tangerine Business Park Block 5 (the "Block 5 Assurance Agreement"); and WHEREAS the Town has a substitute cash assurance agreement between the Subdivider and the Town of Marana, recorded in the Pima County Recorder's office on January 28, 2019 at Sequence 20190280260, assuring the completion of public and private improvements for Tangerine Business Park Blocks 9 and 10 (the "Blocks 9 and 10 Assurance Agreement"); and WHEREAS the Town has a substitute third party trust assurance agreement between the Subdivider, Title Security Agency, LLC, under Trust No. 202023R, and the Town of Marana, recorded in the Pima County Recorder's office on July 24, 2020 at Sequence 20202060329, assuring the completion of public and private improvements for Tangerine Business Park Blocks 1-8 and Common Areas "A," `B," and "C" (the "Blocks 1-8 Assurance Agreement"); and WHEREAS the Town has a substitute cash assurance agreement between the Subdivider and the Town of Marana, recorded in the Pima County Recorder's office on June 28, 2021 at Sequence 20211791260, assuring the completion of public and private improvements for Tangerine Business Park Blocks 7 and 8 (the "Block 7 and 8 Assurance Agreement"); and WHEREAS together, the Block 5 Assurance Agreement, the Blocks 9 and 10 Assurance Agreement, the Blocks 1-8 Assurance Agreement, and the Block 7 and 8 Assurance Agreement are hereinafter referred to as the "Assurance Agreements"; and WHEREAS the Subdivider has completed the private and public improvements for Tangerine Business Park Blocks 1-10 acceptable to Town standards in accordance with the Assurance Agreements. Resolution No. 2024-014 - 1 - Marana Town Council Regular Meeting Agenda Packet Page 33 of 161 February 20, 2024 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreements are hereby released. Section 2. The Town accepts for maintenance the potable water system serving Tangerine Business Park Blocks 1-10, consisting of approximately 4,624 linear feet of potable water line, water meters, valves, fire hydrants and appurtenances. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20'h day of February, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Resolution No. 2024-014 - 2 - Marana Town Council Regular Meeting Agenda Packet Page 34 of 161 February 20, 2024 40% j Ad A A Amn.,dam p n 1. THE GROSS AREA OF THIS SUBDIVISION IS 3,402,453 SF, OR 78.11 ACRES. 2. THE PROPOSED NUMBER OF BLOCKS IS 10. 3. TOTAL AREAS : GROSS: ........................................................................................................................... TANGERINE ROAD ROW DEDICATION AREA: ................................................................... 78.11 ACRES 3.79 ACRES DEDICATED WELL SITE AREA: ......................................................................................... 2.40 ACRES NETAREA TOTAL: ........................................................................................................... 71.92 ACRES COMMERCE PARK USES (BLOCKS 1 4 & 6 - 8): ................................................ 23.03 ACRES INDUSTRIAL USES (BLOCKS 5 & 9 10): ................................................................. 21.98 ACRES ROADS: ........................................................................................................................... 5.18 ACRES COMMON AREA "A - OPEN SPACE {NOS): ............................................................ 17.65 ACRES COMMON AREA "A" - OPEN SPACE �LANSCAPE BUFFER YARD}.,... 0.28 ACRES BE, DEED RESTRICTED NATURAL UNDISTURBED OPEN SPACE (NUO .............................. 3.80 ACRES NETAREA TOTAL ........................................................................................................... 71.92 ACRES F"lqwNAL BLOCK PLAT N m ILI TANGERINE USINESS PARK BLOCKS 1-10, PARCEL "A" (WELL SITE), COMMON AREA "A" (OPEN SPACE), COMMON AREA "B" (N. TANGERINE BUSINESS PLACE & WEST SECTION N. TANGERINE BUSINESS LOOP), AND COMMON AREA "C" (EAST SECTION N. TANGERINE BUSINESS LOOP) ACCEPTANCE IUM tP MRVM PrrMNPVi 1 COVER SHEET BY zv*�v6-, P.E. 2 PROJECT OVERVIEW AND M" TOWN / SUBDIVISION ENGINEER DATE SURVEY TIE DOWN SHEET 3-4 PLANVIEW SHEETS VA 1204 - 5 LINE & CURVE TABLES MARIANA PLANNING DIRECT AICP DATE 4. TOTAL MILES OF NEW PRIVATE STREETS INCLUDED IN THIS FINAL BLOCK PLAT IS 0.7. 5. THE MINIMUM LOT SIZE IS ONE ACRE. 6. BLOCK SIZES OF THIS SUBDIVISION ARE: MAXIMUM - 15.96 AC, MINIMUM - 1.32 AC, AVERAGE - 4.88 AC. 7. MAXIMUM ALLOWABLE BUILDING HEIGHT IS 50'. 8. BUILDING SETBACKS (INDUSTRIAL USES) BUILDING SETBACKS (COMMERCE PARK USES) A. FRONT: 30' A. FRONT: 30' B. SIDE: 20' B. SIDE: 201 C. REAR: 20' C. REAR: 30' D. CORNER: 30' D. CORNER: 30' 9. THE PRIVATE STREETS WILL BECOME PUBLIC UPON CONSTRUCTION OF ALL SITE IMPROVEMENTS AND UPON ACCEPTANCE BY THE TOWN OF MARANA. 10. EXISTING ZONING IS "F" SPECIFIC PLAN CREATING THE RANCHO PALOMITAS SPECIFIC PLAN FOR NON-RESIDENTIAL USES. 11. THIS PLAT IS SUBJECT TO THE REZONING CONDITIONS ADOPTED BY ORDINANCE No. 2011.19. 12. PRIOR TO APPROVAL OF THE FIRST DEVELOPMENT PLAN, AN INTERNAL ROAD IMPROVEMENT PLAN MUST BE APPROVED BY THE TOWN FOR THE ENTIRE SITE. 13. THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOOD PLAIN MANAGEMENT AS ACCEPTED BY THE FLOOD PLAIN ADMINISTRATOR. 14. NO FURTHER BLOCK SPLITTING SHALL BE DONE WITHOUT THE WRITTEN CONSENT OF THE MARANA TOWN COUNCIL. 15. BASIS OF BEARING: GEODETIC FROM GPS OBSERVATIONS. SAID BEARING BEING N89*3622"E, ALONG THE NORTH LINE OF SECTION 4 BETWEEN THE FOUND MONUMENTS AT THE NORTHWEST CORNER AND THE NORTH QUARTER CORNER. 16. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE AND FUNCTION OF ALL PUBLIC ROADWAYS AND DRAINAGE STRUCTURES BEFORE THE RELEASE OF ASSURANCES. 17. THE WATER COMPANY THAT SHALL SERVE THIS SUBDIVISION IS THE TOWN OF MARANA UTILITIES DEPARTMENT. 18. A BUSINESS OWNERS ASSOCIATION SHALL BE FORMED TO ACCEPT RESPONSIBILITY FOR MAINTENANCE, CONTROL, SAFETY AND LIABILITY OF COMMON AREA "A" (OPEN SPACE), COMMON AREA "B" {N. TANGERINE BUSINESS PLACE & WEST SECTION N. TANGERINE BUSINESS LOOP), COMMON AREA C- (EAST SECTION N. TANGERINE BUSINESS LOOP), AND PRIVATE SEWERS. 19. MY EXISTING UTILITIES THAT MAY HAVE TO BE RELOCATED AS A RESULT OF THIS DEVELOPMENT SHALL BE RELOCATED AT NO EXPENSE TO THE TOWN OF MARANA AND/OR PIMA COUNTY. (GENERAL NOTES CONTINUED ON SHEET 2 OF 5) CERTIFICATION OF SURVEY # J. m 19 RLS 22759 CERTIFICATION OF ENGINEERING i wpprpy rpwripy THAT THE inn YEAR rinnn PPAM7 HUITC, AND rpnizinm t4A7APn 1zpTpArvz SHOWN ON THIS PLAT WERE REVIEWED AND SHOWN UNDER MY SUPERVISION. RAUL F TAWS, C. 378 NOW H MM AVBVJE TLCSM AFIZONA &5M owl (a) County of Recordation: PIMA (b) Date of Recording: 02/10/2012 (c) Fee/Recording Number: 20120410281 1111111111111111111111111111111111111111111111111111111111111111111111 1111111p CLERK OF THE TOWN OF MARANA HEREBY C6jFY THIS P WAS APPROVED BY THE TOWN AND COUNCIL OF THE TOWN OF MARANA OYMTH A� F 2014- 1, # # a I # # # # # # WE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE SUBDIVISION OF SAID LAND IN THE MANNER SHOWN HEREON. WE HEREBY DEDICATE TO THE PUBLIC ALL RIGHT-OF-WAYS SHOWN HEREON, INCLUDING ALL STREETS AND EASEMENTS. UTILITY EASEMENTS AS SHOWN HEREON ARE DEDICATED FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF UTILITIES AND SEWERS. EXCLUSIVE EASEMENTS FOR TOWN USES AS SHOWN HEREON ARE HEREBY DEDICATED TO THE TOWN OF MARANA. PARCEL "A" AS SHOWN HEREON IS DEDICATED AS A WELL -SITE TO THE TOWN OF MARIANA (1) (WE), THE UNDERSIGNED, (MY) OUR SUCCESSORS AND ASSIGNS, DO HEREBY SAVE TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS, THEIR EMPLOYEES, OFFICERS, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF SAID LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE, FLOOD, OR RAINFALL. IT IS FURTHER UNDERSTOOD AND AGREED THAT NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT APPROVAL OF THE MARANA TOWN COUNCIL PRIVATE SEWERS AND COMMON AREA, AS SHOWN HEREON, ARE RESERVED FOR THE PRIVATE USE AND CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION, AND ARE GRANTED AS EASEMENTS TO THE TOWN OF MARANA, PIMA COUNTY AND ALL UTILITY COMPANIES FOR THE INSTALLATION ANDMAINTENANCEOF ABOVEGROUND AND UNDERGROUND UTILITIES, TITLE TO THE LAND OF COMMON AREAS AND PRIVATE SEWERS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL BLOCK OWNERS AS ESTABLISHED BY EASEMENTS, COVENANTS AND RESTRICTIONS RECORDED IN SEQUENCE NO.2WA-0 N THE OFFICE OF THE PIMA COUNTY RECORDER. EACH AND EVERY BLOCK OWNER 1 WITHIN THE SUBDIVISION SHALL BE A MEMBER OF THE ASSOCIATION, WHICH WILL ACCEPT ALL RESPONSIBILITY FOR THE CONTROL, MAINTENANCE, SAFETY, AND 'LIABILITY OF THE COMMON AREAS AND PRIVATE SEWERS WITHIN THIS SUBDIVISION, AS SHOWN HEREON. TRUSTEE, LANDMARK TITLE ASSURANOAGENCY OF ARIZONA, LLC, TRUST No. 18206-T. 11111 111 M AM, WINM­ 411-6 STATE OF ARIZONA S.S. PIMA COUNTY ON THIS DAY Ar LAIIAAh 20141 BEFORE ME 'I OF � TRUST OFFICER OR OFFICER BEING AUTHORIZ�EDDO SO, EXECUTED THE IN WITNESS WHERE I HEREUNTO SET MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC RECORDING DA TA 6 PIMA co", Av STATE OF ARIZONA FEE '221- d- 0 COUNTY OF PIMA S.S. NO.- 404-00's! 21 720 1 THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF CPE CONSULTANTS, LLC AN ARIZONA LIMITED LIABILITY COMPANY ON THIS 10 DAY OF 2 11;,, AT 4L-1_12 IN SEQUENCE NO. AT PAGE - THEREOF. F. ANN RODRIQUEZ PIMA COUNTY RECORDER BY DEPUTY ACKNOWLEDGED TO BE THE k MY COMHIZIOW EXPIRES RANCHO PALOMITA ADVISORS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY 378 N. MAIN AVE TUCSON, AZ 85701 CONTACT. MR. E. MICHAEL CARLIER (520) 529-3800 LNG AN Alt/ UNSUBDIVIDED PARCELI 216-08-0010 UNSUBDIVIDED PARCEL# UNSUBDIVIDED PARCEL# 216*48 UNSUBIDIVIDED PARCEL#1-W 0 UNSUBDIVIDED PARCEL# UNSUBIDIVIDED PARCEL 218-51 -001 A STAT OF ARIZONA TANGERINE, ROAD Rm9m U UBDMDED PARCEjL' 216-07-001 C STA OF ARIZONA UNSUBDIVIDED PARI216-06-001A OF ARIZONA UNSUBDIVIDED PARCEL 216-Of_-OOJA •4 J 10 UNSUBDIVIDED POOL# 2t6-17-013O 1�m PROdWT UNSUBIDMDED p• 'n. i-003A 0 NOTHING FOUND OR SET NEW BCSM TO BE SET BY AN AZ RLS FOUND MONUMENT AS NOTED 0 BLOCK PROPERTY CORNER TO BE SET BY AN AZ RLS CENTERLINE SECTION LINE EXISTING PARCEL LINE FL84 EXISTING 100-YEAR FLOODPLAIN LIMITS WITH LINE ANNOTATION TAG EHS 25-FOOT EROSION HAZARD SETBACK LINE - - - - - - - - - EASEMENT LINE AS NOTED L125.BLOCK LINES WITH ANNOTATION TAG BLOCK PLAT BOUNDARY EXISTING RIGHT OF WAY LINE PROPOSED RIGHT OF WAY LINE SHEET MATCH LINE BLOCK 5 BLOCK NUMBER A J, Q100 DRAIN -AGE CONCENTRATION POINT 344 CFS WITH 0 100 - SEE KEYNOTES COMMON AREA "A" - OPEN SPACE A (NUOS, AND LANDSCAPE BUFFER YARD) zz_ 7 DEED RESTRICTED OPEN SPACE COMMON AREA "B" 7 COMMON AREA "C x RELATED PCZ-0=8, PRY-07003r, PCZ-10040 CASES: sequeDee A1= Page 35 of 161 Marana Town Council Regular Meeting Agenda Packet February 20, 2024 SECTION CORNER FD BCSM, RLS 21787 3253 FD 1/2" REBAR AND BRASS TAG LS 11758 I C.A. A (0.07 ICYARD LANDSCAPE BUI' 50' UNSUBDWD •k° . ii 1 AG -ZONING T # # # C.A, A 0.14 AC PARCEL 218-08 0010 I , _ # # # # LANDCAP C—ZONING I BLOCK 1 ! # # BLOCK BUFFERYARD I (1.32 AC) ; o . i (5.69 AC) EXISTING 20 ELECTRIC ESMT DKT 7945, PG 1152 I ' 20 PRIVATE SEWER EASEMENT , I BLOCK 2 ! } e I ( E # ------_1 1.32 AC # # 1 EXISTING 1O'x32' ELECTRIC ESMT DKT 7945, PG 1152 N d UNSUBDtVIDED WCEL #216-08-013A 4 W 1/4 CORNER SEC 4 FD 2.5" BRASS CAPPED PIPE LS 1144 O L V V\♦ Z) (GROSS: 15.96 AC NET OF NUOS: 12.16 AC) N RQ'19'15" F RSQ Q?' 1 DO' EXIST st + td is :+ t t+i 11Z T # # C.A. 'A" U.07 AC) LANDS C ; BUFFERYARD kX, PARCEL A ( (2.40 AC) AC) EXISTING PARCEL LIFE I BLOCK 10 (555 AC) I 1 30' PRIVATE SEWER I I EASEMENT GRANTED BY FINAL I , PLAT ®t a e • i i ®® d •d i si i 9 d d UNSUBDIVIDED PARCEL, # 216-07-001C C-ZONING N 20. ALL UTILITIES WILL BE PLACED UNDERGROUND. 21. CONSTRUCTION FENCING SHALL BE INSTALLED TO ASSURE THAT ALL AREAS REQUIRED TO REMAIN IN THEIR UNDISTURBED NATURAL STATE ARE PROTECTED DURING CONSTRUCTION. 22. DEVELOPER SHALL COVENANT TO HOLD THE TOWN OF MARANA, ITS SUCCESSOR$ AND ASSIGNS, HARMLESS FROM ANY AND ALL CLAIMS FOR D GE RELATED TO THE USE OF TI-IIS DEVELOPMENT AS SHOWN HEREON. NOW AND IN THE FUTURE, BY REASON OF FLOODING, FLOWING EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE FLOW OR RAINFALL. 23. THE DESIGN SPEED IS 25 MPH FOR ALL PUBLIC STREETS. THE DESIGN VEHICLE FOR THIS PROJECT IS W13-40. 24. ALL TOWN OF MARANA STANDARD SURVEY MONUMENTS TO BE SET ARE SHOWN ON THIS FINAL PLAT. 2. THE 100-YEAR FREQUENCY FLOOD SHALL BE ENTIRELY CONTAINED WITHIN THE CONSTRUCTED DRAINAGE IMPROVEMENTS OR NATURAL DRAINAGEAYS. DRAINAGE IMPROVEMENTS WILL BE CONSTRUCTED BY BLOCK OWNERS TO REDUCE THE WIDTH OF EXISTING FLOOD PLAINS SUBJECT TO NO DISTURBANCE OF THE 404 WASHES AND SUBJECT TO COMPLIANCE WITH THE ACCEPTED DRAINAGE REPORT FOR THE ENTIRE PROPERTY. 26. ACCEPTANCE OF THIS PLAT DOES NOT CERTIFY, AFFIRM, OR APPROVE ANY �D DISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OR COMPLIANCE WITH ANY DEED RESTRICTIONS OR EASEMENTS. 27. ALL WEATHER PAVED ACCESS SHALL BE INSTALLED AND SERVICEABLE PRIOR TO INTRODUCTION OF COMBUST18LE MATERIALS TO THE SITE, 28. FIRE HYDRANTS CAPABLE OF DELIVERING A MINIMUM FLOW OF 1,500 GALLONS PER -MINUTE FOR 120 MINUTES SHALL BE ACCEPTED, INSTALLED, TESTED AND SERVICEABLE PRIOR TO THE INTRODUCTION OF COMBUSTIBLE MATERIALS TO THE SITE, 29. FIRE DEPARTMENTACCESS ROADS SHALL BE SIGNED ACCORDING TO APPENDIX D OF THE 2006 INTERNATIONAL FIRE CODE, THE LOCATION OF REQUIRED "NO PARKING — FIRE LANE" SIGNS SHALL BE DETERMINED ON THE IMPROVEMENT PLAN FOR ACCEPTANCE. 30. ALL BLOCKS WITHIN THIS SUBDIVISION WILL NEED A FLOOD PLAIN USE PERMIT. EROSION PROTECTION FOR INDIVIDUAL BLOCKS IS THE RESPONSIBILITY OF THE BLOCK OWNERS. 31. GRADING PLANS SHALL COMPLY WITH TERMS AND CONDITIONS OF THE 404 ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT. 32. THE DEVELOPER/OWNER SHALL CONNECT TO SEWER LINES AS ACCEPTED BY THE UTILITY DIRECTOR. THIS CONNECTION WILL BE DONE AT THE OWNER'S EXPENSE. 33. ENTIRE SITE IS LOCATED WITHIN FEMA FLOOD PLAIN DESIGNATION AO: DEPTH=1 F, VELOCITY =3 FPS FIRM PANEL No 04019C1045L). EXISTING FLOOD PLAINS SHOWN ON THIS BLOCK PLAT WERE CALCULATED ACCORDING TO THE REQUIREMENTS O MARIANA DEVELOPMENT ENGINEERING DEPARTMENT AND ACCEPTED BY THE TOWN MAYOR & COUNCIL ON SEPTMBR 3, 2008. 34. THE TOWN REQUIRES THE DEDICATION OF A MINIMUM 2.4 ACRE WELL SITE COINCIDENTALLY WITH OR SUBSEQUENT TO THE TANGERINE RD. ROW DEDICATION. THE TOWN MAY DEMAND DEDICATION OF THE WELL SITE BY SEPARATE INSTRUMENT PRIOR TO ACCEPTANCE OF THE FINAL PLAT OR NEW RIGHT—OF—WAY SHEET -- -- 100-YEAR FLOODPLAIN ----------------------- EASEMENT. RIGHT-OF-WAY CENTERLINE - - - - - - - - - - - - SEWER EASEMENT - - SECTION LINE 04 it::i cn I CENTER 1/4 CORNER SECTION 4 FD 5/8" ACR, LS 1144 N 89'36'35" E _ 131985' FD 1/2" DIAMETER REBAR AND BRASS TAG LS 11758 COMMON AREA "A" DEED RESTRICTED OPEN SPACE COMMON AREA "B" COMMON AREA "C" SEWAGE DISPOSAL FOR LOTS 1 - 10 WILL BE INDIVIDUAL ON -SITE SEWAGE DISPOSAL SYSTEMS, ON -SITE SEWAGE DISPOSAL SYSTEMS FOR ALL LOTS SHALL REQUIRE DESIGN ON AN INDIVIDUAL BASIS BY AN j ` • 8 • p f $ i d• f 1 g• aa• d d•m $g&i • i d i=• d • $ ! ff a i a� !' Y � d !- 8 B i d H d t FINAL BLKK PLAT TA NGE RINE B USZNESS PARK BLOCKS 1-10, PARCEL '•,A- (WELL SITE), COMMON AREA "A- (OWE SPACE), COMMON AREA "B" (N TANMRINE BUSINESS PLACE EST SiIE'CTION N. TANGERINE L3tlSNESS LOOP), AND COMMON Af "C (EAST SECTION N. TANGERINE BUSINESS LOOP) A PORRON OF THE TEST HALF OF THE NW 114 OF SECTION T 125, R 12E, G&SRM, TOWN OF MARANA PIMA CC}UNT?Y, ARI ZON PROJECT CASN NV . II". 10 3 zie-m en c sommmAmmom Page 36 of 161 Marana Town Council Regular Meeting Agenda Packet February 20, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting C2 Meeting Date: 02/20/2024 To: Mayor and Council From: Curry C. Hale, Human Resources Director Date: February 20, 2024 Strategic Plan Focus Area: Proactive Public Services Strategic Plan Focus Area Additional Info: Focus Area 5: Proactive Public Service Goal: Foster a workplace culture that attracts, retains, and motivates a talented workforce. Subject: Resolution No. 2024-015: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves, Section 4-1-5 "Request for Vacation Leave" and Chapter 5 - Work Rules and Employee Discipline, Policy 5-1 "Hours of Work" and Section 5-5-5 "Grounds for Disciplinary Action" (Curry C. Hale) Discussion: The proposed revision to Section 4-1-5 "Request for Vacation Leave" adds language that states supervisors must formally approve vacation leave requests in advance of employees taking vacation leave, but supervisors can deny the request based on a number of factors, including, but not limited to, Town needs and staffing requirements. The proposed revision to Section 5-1-3 "Absences and Tardiness" deletes the statement "or take leave without pay." The proposed revision to Section 5-1-5 specifies that it now addresses "Discretionary Leave without Pay" and adds language defining discretionary leave without pay, adding a timeline to make a request for discretionary leave without pay, and deletes Marana Town Council Regular Meeting Agenda Packet Page 37 of 161 February 20, 2024 language to make the section clearer. The proposed revision to Section 5-5-5 "Grounds for Disciplinary Action" adds the language "or approved leave" to subsection "L" Staff Recommendation: Staff recommends approval of amendments to the Town's Personnel Policies and Procedures, Chapter 4 - Employment Benefits and Leaves and Chapter 5 - Work Rules and Employee Discipline. Suggested Motion: I move to adopt Resolution No. 2024-015, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Benefits and Leaves, Section 4-1-5 "Request for Vacation Leave" and Chapter 5 - Work Rules and Employee Discipline, Policy 5-1 "Hours of Work" and Section 5-5-5 "Grounds for Disciplinary Action." Resolution No. 2024-015 Exhibit A to Resolution Exhibit B to Resolution Attachments Marana Town Council Regular Meeting Agenda Packet Page 38 of 161 February 20, 2024 MARANA RESOLUTION NO.2024-015 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 4 - EMPLOYMENT BENEFITS AND LEAVES, SECTION 4-1-5 "REQUEST FOR VACA- TION LEAVE" AND CHAPTER 5 - WORK RULES AND EMPLOYEE DISCIPLINE, POL- ICY 5-1 "HOURS OF WORK" AND SECTION 5-5-5 "GROUNDS FOR DISCIPLINARY ACTION" WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council may adopt personnel policies, rules, and regulations that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18,1999, which have been amended from time to time; and WHEREAS the Council finds that adoption of the amendments to the Towri s Per- sonnel Policies and Procedures as set forth in this resolution is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Section 4-1-5, entitled "Request for Vacation Leave' of the Towns Personnel Policies and Procedures, is hereby amended as set forth in Exhibit A attached to this resolution, with additions shown with double underlining. SECTION 2. Policy 5-1 entitled "Hours of Work" and Section 5-5-5 entitled "Grounds for Disciplinary Action," of the Towri s Personnel Policies and Procedures are hereby amended as set forth in Exhibit B attached to this resolution, with deletions shown with strikeouts and additions shown with double underlining. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, res- olutions, or motions of the Council in conflict with the provisions of this resolution are hereby repealed, effective as of the effective date of this resolution. SECTION 4. The Towri s manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the aforementioned amendments. -1- Marana Resolution No. 2024-015 Marana Town Council Regular Meeting Agenda Packet Page 39 of 161 February 20, 2024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 20th day of February, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney -2- Marana Resolution No. 2024-015 Marana Town Council Regular Meeting Agenda Packet Page 40 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-015 A EM. MARANA AZ CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4-1 VACATION LEAVE [No revisions to Sections 4-1-1 through 4-141 Section 4-1-5 Request for Vacation Leave A. Eligible employees may request to use vacation leave after 180 days of employment. The Department Head has discretion to approve a request for vacation leave prior to 180 days of employment. 1. If an eligible employee is approved for administrative leave for medical purposes prior to completing 180 days of employment, the employee may request to use vacation leave. B. Employees shall submit vacation leave requests to their supervisor before taking any time off. Requests will be reviewed and can be denied based on a number of factors, including, but not limited to, Town needs and staffing requirements. Supervisors must formally approve vacation leave requests in advance of employees taking vacation leave. [No revisions to Sections 4-1-6 and 4-1-71 [NO REVISIONS TO POLICIES 4-2 THROUGH 4-161 [ 00088316.DOCX /3 1 Marana Town Council Regular Meeting Agenda Packet Page 41 of 161 February 20, 2024 Exhibit B to Marana Resolution No. 2024-015 MARANA /hz CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE POLICY 5-1 HOURS OF WORK An employee is expected to work the days and hours necessary to perform all assigned responsibilities and tasks in order to provide continuity of services to citizens and to facilitate teamwork and supervision. Attendance is an essential function of every Town position and shall be a consideration in determining promotions, transfers, satisfactory completion of performance periods and continued employment with the Town. [No revisions to Sections 5-1-1 and 5-1-2] Section 5-1-3 Absences and Tardiness A. Advance notice of all absences is expected. Employees shall provide notice of scheduled absences as far in advance of the absence as possible. Employees shall provide notice of unscheduled absences before the scheduled start of their work day. If the employee is physically unable to notify his or her supervisor within the time frame required by this policy, the employee shall provide notice as soon as possible. B. Advance notice of anticipated tardiness is expected. Employees shall provide notice of anticipated tardiness as far in advance of the tardiness as possible. Employees shall provide notice of unanticipated tardiness as soon as possible. The employee's supervisor shall determine if work time lost due to tardiness may be made up by the employee or if the employee will be required to use accrued leave balances or take leave without pay. If authorized by the employee's supervisor, the employee may make up work time lost due to tardiness only during the work week in which it occurs. C. Notification of an unscheduled absence or tardiness by another employee, friend or relative is not considered proper except in an emergency situation where the employee is physically unable to make the notification. D. Generally, unless provided otherwise by a written department procedure, employees are expected to speak with their direct supervisor regarding an unscheduled absence or tardiness within the time frames provided by this section. E. Poor attendance and frequent tardiness are disruptive to the provision of Town services and may lead to disciplinary action, up to and including termination of employment. [No revisions to Section 5-1-41 Section 5-1-5 Discretionary Leave without Pay A. Employees are expected to responsibly use and manage their vacation, sick, and managed time off (MTO) leave balances and maintain appropriate leave balances for their use. 00084563.DOCX /1 5-1 Marana Town Council Regular Meeting Agenda Packet Page 42 of 161 February 20, 2024 Exhibit B to Marana Resolution No. 2024-015 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA AZ B. A -Discretionary -leave without pay c^, in excess of the employee's vacation, sick ands MTO leave balances is inconsistent with the general needs and requirements of the Town, , or- is due C. Employees may request discretionary leave without pay by submitting a leave request to the Department Head. Requests for discretionary leave without pay shall be submitted as far in advance of the requested leave as possible. D. Requests for discretionary leave without pay must be approved in writing by the Department Head, in consultation with the Human Resources Director or designee. Requests may be denied at the discretion of the Department Head. Employees must have submitted and received avvroval of a reauest for discretionary leave without vav at least one day in advance of taking discretionary leave without p E. The decision to deny discretionary leave without pay is not subject to review under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures or within any other Town policy or procedure. F. For purposes of this policy, "discretionary leave without pay' is leave without pay that is not part of an approved FMLA or administrative leave, or is not due to a workplace inj qualifying for workers' compensation benefits. [NO CHANGES TO POLICIES 5-2 THROUGH 541 POLICY 5-5 DISCIPLINE SYSTEM Each supervisor shall have the responsibility and authority, with the approval of the Department Head and/or General Manager, to administer appropriate discipline to subordinates using a positive progressive discipline process as a corrective measure. [No revisions to Sections 5-5-1 through 5-5-41 Section 5-5-5 Grounds For Disciplinary Action Grounds for disciplinary action, up to and including termination, include, but are not limited to, the following: A. Dishonesty, including, but not limited to, intentionally giving false information, intentionally falsifying records or making false statements when applying for employment, lying to supervisors in connection with the employee's job, or an investigation, giving false information or lying about the reason for an absence from work, or falsifying time entries or leave requests. 00084563.DOCX /1 5-2 Marana Town Council Regular Meeting Agenda Packet Page 43 of 161 February 20, 2024 Exhibit B to Marana Resolution No. 2024-015 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA Al. B. Discrimination or failure to abide by Equal Employment Opportunity regulations, including sexual or other harassment of a protected class. C. Reporting to work under the influence of alcohol or drugs or using such substances while on Town property or other violation of the Towns Drug- and Alcohol -Free Workplace Policy. D. Theft or removal of Town money, merchandise or property, including property in the custody of the Town, without permission. E. Unauthorized or unlawful possession of firearms, other weapons or explosives in Town facilities or while on Town business. F. Conviction of a criminal offense. G. Acts of workplace violence, including violence or threats of violence in the workplace or against other employees or members of the public. H. Insubordination; failure to follow the orders of one's supervisor(s). I. Failure to maintain the minimum qualifications of the employee's position. J. Inability to perform the full essential functions of the employee's regular position, with or without a reasonable accommodation, for greater than 12 months in a 24-month period, as defined in these Personnel Policies and Procedures. K. Failure to uphold the Towns Cultural Values. L. Being absent from work without permission or approved leave or failure to report to the supervisor, Department Head or General Manager when one is absent. M. Being habitually absent or tardy for any reason. N. Making recordings of conversations or other activities in the workplace without authorization or explicit consent to the recording. O. Inability or unwillingness to perform the assigned job; failure to perform assigned work in an efficient or effective manner. P. Participation in prohibited political activities. Q. Acceptance of fees, gifts or other valuable items in the performance of the employee's official duties for the Town. R. Any action, on or off the job, bringing discredit to the Town. S. Violation of any Town policies, administrative directives, or ordinances, or state or federal law. T. Violating safety rules and regulations; being wasteful of material, property or working time; failure to observe proper security or safety procedures. 00084563.DOCX /1 5-3 Marana Town Council Regular Meeting Agenda Packet Page 44 of 161 February 20, 2024 Exhibit B to Marana Resolution No. 2024-015 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA AZ U. Inability to get along with fellow employees so that the work being done is hindered and not up to required levels; speaking critically or making derogatory or false accusations so as to discredit other employees or supervisors. V. The use of profanity or abusive language towards a fellow employee or member of the general public while performing official duties as a Town employee. W. Divulging or misusing confidential information, including removal from Town premises without proper authorization of any employee lists, records, designs, drawings or confidential information of any type. X. Improper use of the Towri s electronic storage and communications equipment, as set forth in these Personnel Policies and Procedures and any administrative directives established by the Town Manager. Y. Failure to effectively supervise employees. Supervisors are responsible for the proper conduct of their assigned employees and the functional work activities under their control. As necessary, supervisors should strive to review, document, and take appropriate action in matters within 30 working days, or as soon as practicable. Z. Such other act, error or omission detrimental to the mission of the Town. [No revisions to Sections 5-5-6 through 5-5-8] [NO CHANGES TO POLICIES 5-6 THROUGH 5-8] 00084563.DOCX /1 5-4 Marana Town Council Regular Meeting Agenda Packet Page 45 of 161 February 20, 2024 A6� C----* MARANA AZ E STAB L IS HE D 1 9 7 7 Council -Regular Meeting Meeting Date: 02/20/2024 To: Mayor and Council Submitted For: Jing Luo, Water Director From: David L. Udall, Town Clerk/Assistant Town Attorney Date: February 20, 2024 Strategic Plan Focus Area: Proactive Public Services Subject: Resolution No. 2024-016: Relating to Utilities; approving and authorizing the Mayor to sign the Intergovernmental Agreement between the Town of Marana and Pima County for the Bike Path Construction & Cost Sharing (Jing Luo) Discussion: C3 The proposed 24-inch Twin Peaks interconnect project (the "Project") connects Marana Water's Hartman Vistas water service area with the Picture Rocks water service area and consolidates the two systems, enhancing their resiliency and efficiency. The Project will also facilitate the maintenance of the Continental Reserve Reservoir. The Project includes the installation of approximately 6,200 linear feet of 24" pipe and a Jack and Bore crossing of Twin Peaks Boulevard. The majority of the pipeline will be laid along the Santa Cruz River, underneath and adjacent to the existing shared use path. This path will be relocated in collaboration with Pima County and Pima County Flood Control District as a necessary component of the Project. As part of this relocation effort, the replacement of soil cement channel banks at several locations is also necessary. In 2018, the Town entered into an intergovernmental agreement with Pima County to formalize their relationship regarding the shared use path. The proposed intergovernmental agreement involves the partnership between the Town and the County for the relocation of approximately 3,000 feet of the shared use path. If approved, the agreement provides that Pima County will design and construct the path Marana Town Council Regular Meeting Agenda Packet Page 46 of 161 February 20, 2024 relocation and the Town will reimburse the County for 50% of the project's construction costs. Financial Impact: Fiscal Year: 2024 Budgeted Y/ N: Y Amount: $300,000 The Town's share of the project's construction costs is estimated at $300,000. The path relocation is an integral part of the Twin Peaks/Picture Rocks Interconnect project included in the Town's Water Infrastructure, Water Resources, and Water Reclamation Impact Fee Report dated January 3, 2023, and will be funded by water impact fees. Staff Recommendation: Staff recommends approval of Resolution No. 2024-016. Suggested Motion: I move to adopt Resolution No 2024-016, approving and authorizing the Mayor to sign the Intergovernmental Agreement between the Town of Marana and Pima County for the Bike Path Construction & Cost Sharing. Resolution No. 2024-016 Exhibit A to Resolution Attachments Marana Town Council Regular Meeting Agenda Packet Page 47 of 161 February 20, 2024 MARANA RESOLUTION NO.2024-016 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE BIKE PATH CONSTRUCTION & COST SHARING WHEREAS Pima County is authorized pursuant to A.R.S. §§ 11-951 and 11-932 to own real property and to develop, operate, and maintain parks and trail systems for the benefit of its residents; and WHEREAS the Town of Marana is authorized pursuant to A.R.S. §§ 9-240, 9- 464.01, 9-494, and 9-500.03 to construct, reconstruct, acquire, and maintain drainage ways and channels, parks, and trail systems; and WHEREAS on October 16, 2018, the County and the Town entered into and Intergovernmental Agreement between the Town of Marana, Pima County, and the Pima County Flood Control District for the Shared Use and Development of Existing and Future Trail and Trailhead improvements on County and Flood Control District Properties (Pima County Contract No. CTN-PW-19-046), under which, the Town is responsible for the maintenance of all shared use path and trailhead assets along the Santa Cruz River trails system located north of the south right-of-way line of Ina Road; and WHEREAS the Town and the County desire to formalize their partnership for the relocation of approximately 3,000 feet of the shared use path with the County being responsible for the design and construction of the path relocation and the Town being responsible for 50% of the project's construction costs; and WHEREAS to that end, the County and the Town now desire to enter into the Intergovernmental Agreement between the Town of Marana. and Pima County for the Bike Path Construction & Cost Sharing. WHEREAS the Mayor and Council find that the terms and conditions of the agreement are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Intergovernmental Agreement between the Town of Marana and Pima County for the Bike Path Construction & Cost Sharing, 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 Towns Manager and staff are -1- Resolution No. 2024-016 Marana Town Council Regular Meeting Agenda Packet Page 48 of 161 February 20, 2024 hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of February, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney -2- Resolution No. 2024-016 Marana Town Council Regular Meeting Agenda Packet Page 49 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 Intergovernmental Agreement between the Town of Marana and Pima County for the Bike Path Construction & Cost Sharing This Intergovernmental Agreement ("Agreement") is entered into by and between the Town of Marana ("Town"), an Arizona municipal corporation and Pima County, Arizona, a body politic and corporate ("County"), pursuant to Arizona Revised Statutes Section (A.R.S.) § 11-952. Town and County are together referred to in this Agreement as the "Parties." Recitals A. Town is authorized by A.R.S. §§ 48-572(5), 9-276, and 9-494 to construct, reconstruct or acquire parks, and trail systems. B. Pima County Flood Control District ("District") is authorized by A.R.S. §§ 48-3603 and 48- 3624 to construct, operate, and maintain flood control works and storm -drainage for the benefit of the District; preserve and restore floodplains; construct, operate, and maintain incidental linear -park facilities; acquire property for those purposes; and cooperate with municipalities in constructing flood -control projects and regulating floodplains. C. County is authorized pursuant to A.R.S. §§ 11-951 and 11-932 to own real property and to develop, operate, and maintain parks and trail systems for the benefit of its residents. D. In 2013, County, Town, and District entered into a License Agreement (CTN-PW-13*175) under which Town has developed and maintained trails upon certain County- and District - owned properties for the benefits of the residents of Town and County. E. Thereafter, in 2018, County, Town, and District entered into an Intergovernmental Agreement (CTN-PW-19*046) [hereinafter "2018 IGA"] to formalize the relationship among County, Town, and District for the development, operation and maintenance of certain trails and trailheads located on County and District properties. County and District further desired to grant Town a right of entry over those County and District owned properties to allow Town to undertake its construction, maintenance, and development activities with regard to the recreational trails and trailheads on those properties. F. The Parties now desire to enter into this Intergovernmental Agreement to formalize the relationship among the Parties for the construction of approximately 3,000 ft of the loop asphalt path on County and District properties referenced in the 2018 IGA under the cost - sharing arrangement as described in this Agreement. Agreement NOW THEREFORE, the Parties, pursuant to the above recitals which are incorporated herein, and in consideration of the matters and things hereinafter set forth, agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the Parties' responsibilities related to the construction of a portion of a loop asphalt path and cost -sharing terms related to the construction. Specifically, it is the understanding of the Parties that County's contractor will install approximately 3,000 ft of the bicycle loop asphalt path on County and District properties as preliminarily illustrated in the project area map attached to and incorporated herein by this reference as Exhibit A and as referenced in the 2018 IGA (the "Project"). As set Marana Town Council Regular Meeting Agenda Packet Page 50 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 forth in Section 2 below, construction details, including the exact location of the path, are still under design and subject to change. To that end, Exhibit A is attached and included in this Agreement for reference and illustrative purposes only. Town will reimburse County for 50% of the construction costs related to the Project upon County invoice as set forth by the terms of this Agreement. 2. Design and Construction Responsibilities. County is responsible for Project design. County is preparing or will prepare any necessary plans and specifications ("Project Plans"). County will provide Town an opportunity to review and comment on the Project Plans as they are developed, but final responsibility for and approval of the Project Plans rests with County. County may opt out of the design or construction of any Project element upon discovering one or more environmental issues, species, cultural resources, or third -party property rights acquisition costs that in County's judgment may cause County to exceed its anticipated budget for the particular project element. Should the County elect to opt out of design or construction of the Project, Town shall be relieved of its obligations under this Agreement. 1. Environmental Compliance. County will prepare and incorporate into the planning and design of the Project, responses to all applicable local, state and federal environmental requirements, including but not limited to hydrologic and geotechnical investigations, compliance with the Pima County Native Plant Preservation Ordinance, protection of species identified by the Arizona Game & Fish Department and the U.S. Department of Fish and Wildlife Service as being endangered, threatened, or of concern (such as the cactus ferruginous pygmy -owl), and compliance with the National Pollutant Discharge Elimination System (including preparation of a Storm Water Pollution Prevention Plan). County will obtain any necessary Corps of Engineer permits and or approvals. 2. Cultural Resources. County shall ensure that potential impacts to cultural resources are evaluated and treated in accordance with applicable local, state, and federal historic preservation laws and regulations, including County Board of Supervisors Policy C3.1 7. Prior to any ground disturbance, County shall ensure that a cultural resources Class III inventory survey is conducted, all cultural resources are fully recorded and assessed for their eligibility to the Arizona and National Registers of Historic Places, and recommendations made regarding the mitigation of cultural resources that cannot be avoided by the project causing the ground disturbing activities. Any mitigation of impact to cultural resources must be in accordance with all application local, state, and federal historic preservation laws and regulations. All cultural resources reports, plans, and recommendations must be reviewed by the Pima County Office of Sustainability and Conservation cultural resources division, and by appropriate state and federal agencies as required. Cultural Resources mitigation must be satisfactorily completed prior to any ground disturbing activities commencing. County shall ensure that A.R.S. § 41-844 is followed to protect human burials that may be uncovered as a result of ground disturbing activities. 3. Construction. County shall let and administer any construction contracts for the Project in accordance with the requirements of Arizona Revised Statutes Title 34 and in accordance with a Construction Schedule to be reviewed and approved by Town, County, as applicable, as set forth below, before any work on County or District property commences. County shall have the usual rights and obligations of the owner of a public construction contract. County shall hire a contractor to install the improvements in accordance with the Project Plans. The County 2 Marana Town Council Regular Meeting Agenda Packet Page 51 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 and Town shall share equally on the cost of the Project subject to the provisions of Section 1i of this Agreement. 1. Construction Schedule. County is responsible for preparing a construction schedule (the "Construction Schedule") showing the anticipated timing and duration of each stage of construction. County shall establish a final Construction Schedule and provide it to Town as applicable within thirty (3o) days after County awards a construction contract for any work on the Project. 2. Signage. County and Town have the right to install signage at the construction site in a location of their choosing, provided that the sign does not interfere with the construction, announcing that the Project is a County and Town project, and listing the names of the members of the Board of Supervisors, Board of Directors and Mayor and Council as applicable. 4. Utility Relocations. County is responsible for coordinating all utility relocations. County and Town are responsible for the shared cost to relocate Town- and County -owned utilities, and for the cost to relocate all other utilities for which the owner has a prior right that causes the utility owner not to be legally responsible for utility relocation costs. 5. Rights of Way and Easements. The Parties believe that existing County- or District - owned property and easements constitute all necessary rights -of -way and easements necessary to complete the Project and thereafter maintain any trail and trailhead improvements. To the extent any property rights must be acquired from third parties to complete the Project, County is solely responsible for acquiring those property rights, either by purchase or through its power of eminent domain. Town will provide County with any records or documents in their possession that will assist County in acquiring any property interests necessary for the Project. 6. Right of Entry. Pursuant to Section 7 of the 2018 IGA, Town may enter upon the County - owned and District -owned Properties as shown on the Project Plans for planning, construction, and maintenance purposes related to the Project. 7. Project Permits. County shall obtain any approvals, permissions, or permits necessary for the Project. Town will provide to County, at no cost to County, any Town clearances or permits necessary for County to construct the Project. 8. Public Participation. County will cooperatively manage any public participation processes for the Project. County will coordinate all public participation activities with Town and will coordinate all public meetings on the Project. 9. Project Manager and Representatives. County will furnish a Project Manager for the Project and Town will designate a representative (the "Town Liaison") to be a liaison with the County's Project Manager during construction of the Project. The Project Manager will coordinate as appropriate with Town representatives during construction of the Project. lo. Disputes. In the event the Project Manager and Town Liaison disagree on any aspect of the Project, the Regional Wastewater Reclamation Department ("Department") Director and the Director of the Town Parks and Recreation Department, or their designees, shall meet within ten (1o) calendar days to attempt to reach a mutually agreeable resolution, unless another time frame is agreed upon in advance. If the dispute remains unsettled after that meeting, or Marana Town Council Regular Meeting Agenda Packet Page 52 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 if that meeting does not occur within the time frame specified above or otherwise agreed upon, the Department Director, Project Manager, and the Town Manager, and/or their designees will meet within ten (10) calendar days to attempt to reach a mutually agreeable resolution, unless the Parties agree upon another time frame in advance. If the dispute remains unresolved after that meeting, or if that meeting fails to occur within the time frame specified above or otherwise agreed upon, this Agreement will terminate. i1. Financing of the Project. Town shall reimburse County for 50% of the Project construction costs related to the loop work performed by County's contractor for the areas specified in the Project Plans within thirty (30) days of receiving an invoice from County. 12. Regulation of the Project during Construction. County has responsibility for and control over the Project during construction. 13. Inspection. Town may inspect any portion of the Project construction for substantial compliance with drawings and specifications. Additionally, Town may inspect any portion of the completed project for maintenance compliance. In the event Town inspection or comments from users indicates a safety concern, Department shall be responsible for taking all action and expense necessary to remedy the issue. Department will allow official Town representatives reasonable access to the Project site during construction. The Project Manager and Town inspectors will cooperate and consult with each other during Project construction. 14. Maintenance. Town will be responsible for maintenance of the portion of the loop constructed under this Intergovernmental Agreement and shown in the Project Plans. At a minimum, the Town's maintenance obligations pursuant to this Agreement shall be consistent with the Scope of Maintenance document attached to the 2018 IGA as Exhibit B. 15. Ownership of Improvements. District or County will own all improvements installed as part of the Project as their underlying property ownership interests may appear. If third -party property rights are acquired pursuant to Section 5 above, Town will own all such property rights and improvements located in the town limits of the Town, and County will own any other property rights and improvements. 16. Term and Termination. 1. Term. This Agreement is effective on the date of the last signature of a party ("Effective Date"). The terms of this Agreement that pertain to design and construction expire on final completion and acceptance of the Project by Town. 2. Termination. This Agreement may be earlier terminated under the following circumstances: i. For Cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this Section, the party allegedly in default shall be given written notice by the party claiming default of the nature of the alleged default. The party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the party claiming the default may terminate this Agreement. Any such termination will not relieve any other party from liabilities or costs already incurred under this Agreement. 4 Marana Town Council Regular Meeting Agenda Packet Page 53 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 I Conflict of Interest. This Agreement may be terminated for conflict of interest as set forth in A.R.S. § 38-511, the relevant portions of which are hereby incorporated by reference. iii. Failure to Appropriate Sufficient Funds. This Agreement will automatically terminate if, for any reason, Town or County fail to appropriate sufficient funds to design, construct, or maintain the Project or to perform any other obligation of any party hereunder. 17. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) [hereinafter collectively referred to as "claims"] for bodily injury of any person (including death) or property damage, but only to the extent that such injury or damage is caused or alleged to be caused by a negligent or intentional wrongful act or omission of the Indemnitor, or of any of its officers, officials, agents, employees, or volunteers. 18. Insurance. Each party will obtain and maintain at its own expense, during the entire term of this IGA the following type(s) and amounts of insurance: 1. Commercial General Liability in the amount of $2,000,000.00 combined single limit Bodily Injury and Property Damage. 2. Commercial or Business automobile liability coverage for owned, non -owned and hired vehicles used in the performance of this IGA with limits in the amount of $2,000,000.00 combined single limit or $1,000,000.0o Bodily Injury, $1,000,000.0o Property Damage. 3. If required by law, workers' compensation coverage including employees' liability coverage. 4. Each party will provide thirty (30) days written notice to the other party of cancellation, non -renewal or material change of coverage. 5. The above requirement may be alternatively met through a self-insurance program under to A.R.S. §§ 11-261 and 11-981(or if a school district, § 15-382) or participation in an insurance risk pool under A.R.S. § 11.952.01 (if a school district, § 15-382), at no less than the minimum coverage levels set forth in this Section. 19. Books and Records. County will keep and maintain proper and complete books, records and accounts of the Project, which will be maintained in accordance with County's records retention policy and made available for inspection by Town upon reasonable notice. 20. Construction of Agreement. 1. Entire Agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. 2. Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by the Parties. 3. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof. Marana Town Council Regular Meeting Agenda Packet Page 54 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 4. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 5. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action will have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly upon request of a party in an attempt to reach an agreement on a substitute provision. 21. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of Town or County. 22. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement will be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer -employee relationship between any party and any other party's employees, except as and only to the extent expressly provided for in Section 24 below. No party is liable for any debts, accounts, obligations or other liabilities whatsoever of the others, including (without limitation) the other parties' obligations to withhold Social Security and income taxes for itself or any of its employees. 23. Worker's Compensation. Each party will comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-1022, irrespective of the operations protocol in place, each party is solely responsible for the payment of Worker's Compensation benefits for its employees. 24. No Third Party Beneficiaries. Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of any party to this Agreement, by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 25. Compliance with Laws. The Parties will comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this IGA and any disputes. Any action relating to this IGA will be brought in a court in Pima County. 1. Anti -Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order 75-5, as amended by Executive Orders 99-4 and 2009-9, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement as if set forth in full herein. 2. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 3. Legal Arizona Workers Act Compliance. i. Each party warrants to the others that it will, at all times during the term of this Agreement, comply with all federal immigration laws applicable to the warranting party's employment of its employees, and with the requirements of A.R.S. § 23-214(A) 6 Marana Town Council Regular Meeting Agenda Packet Page 55 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 (together, the "State and Federal Immigration Laws"). Each party further agrees to ensure that each contractor who performs work associated with this Agreement (i) complies with the State and Federal Immigration Laws, and (ii) ensures that any subcontractor who performs work for the contractor complies with the State and Federal Immigration Laws. I Each party will further require that each contractor who performs work subject to this Agreement advises each subcontractor of the party's rights, and the subcontractor's obligations, with respect to this subsection, by including a provision in each subcontract substantially in the following form: "Subcontractor hereby warrants that it will at all times during the term of this contract comply with all federal immigration laws applicable to subcontractor's employees, and with the requirements of A.R.S. § 23-214(A). Subcontractor further agrees that [County, District or Town] may inspect the Subcontractor's books and records to ensure that Subcontractor is in compliance with these requirements. Any breach of this paragraph by Subcontractor will be deemed to be a material breach of this contract subjecting Subcontractor to penalties up to and including suspension or termination of this contract." iii. Any breach of the warranty of compliance with the State and Federal Immigration Laws by either parry, by that party's contractor doing work subject to this Agreement, or by a subcontractor of that party's contractor doing work subject to this Agreement shall be deemed to be a material breach of this Agreement subjecting the breaching party to penalties up to and including suspension or termination of this Agreement. A party in breach of the warranty of compliance with State and Federal Immigration Laws shall further be liable to the other party for any additional costs attributable directly or indirectly to remedial action under this subsection. 26. Waiver. Waiver by any parry of any breach of any term, covenant or condition herein contained is not a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 27. Force Majeure. A party is not in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non -action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the party affected, order of any government officer or court (excluding orders promulgated by the parry affected), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 28. Notification. All notices or demands upon any parry to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail 7 Marana Town Council Regular Meeting Agenda Packet Page 56 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 addressed as follows (or at such other address as may be identified by a party in writing to the other party): Town: Town of Marana With a copy to: Town of Marana Attn: Town Manager Attn: Town Attorney Marana Municipal Complex Marana Municipal Complex 11555 W Civic Center Dr 11555 W Civic Center Dr Marana AZ 85653 Marana AZ 85653 County: Real Property Services Administrator Attn: Manager 201 N. Stone, 6th Floor Tucson, AZ 85701 Regional Wastewater Reclamation Department: Jackson Jenkins, Director 201 N. Stone Avenue Public Works Building, 8th Fl Tucson, AZ 85701 With copies to: County Administrator 130 West Congress St., loth Floor Tucson, Arizona 85701 Clerk of the Board 130 West Congress, 51h Floor Tucson, Arizona 85701 Notices shall be deemed delivered and received on the date of delivery, if delivered in person, or on the third business day after mailing, if delivered by any form of mail. 29. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. [Signature Page Follows.] 8 Marana Town Council Regular Meeting Agenda Packet Page 57 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 In Witness Whereof, County has caused this Agreement to be executed by the Chair of its Board of Supervisors and attested to by the Clerk of the Board and the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor Date PIMA COUNTY Adelita S. Grijalva, Chair, Board of Supervisors Date Attest: Town Clerk Approved as to Content: Jim Conroy, Director, Marana Parks & Recreation Attest: Melissa Manriquez, Clerk of the Board Approved as to Content: Jackson Jenkins, Director, Pima County Regional Wastewater Reclamation Department Date 9 Marana Town Council Regular Meeting Agenda Packet Page 58 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.RS. § 11-952 by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party represented by the undersigned. PIMA COUNTY: Cindy Nguyen, Deputy County Attorney Date TOWN OF MARANA: Jane Fairall, Town Attorney Date 10 Marana Town Council Regular Meeting Agenda Packet Page 59 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-016 EXHIBIT A BIKE PATH CONSTRUCTION — PROJECT AREA MAP n W. SUMSET�'wA`�~„ TOWN OF MARANA s 226-15-002K � s = 12 PEPpJ vGl ` T. IVA W. NE54U RIVER DR. Z Q u4 14 _ CONNECTON TO EXISTING 8a4LC- f-XO' g WATER MAIN 12 V6 WELL TgENT PL. 11 SITE i g CONTINENTAL RANCH CCNTO� OISCT PL 226-!S-G52 PARCEL 278 G� 8K 42 M&P, PG 03 NEW PAVED PATH Opy Np LN.f`a jo�y6og�5pgP 11 y $ SOYA 2� ELLSIT / NEW 24' DIP WATER MAIN �C NTN'ENTA.L RANCH PARCEI 12H f RK 43 M&P, PG 5 ' 14 WT035 PATH REPLACEMENT TOWN OP MARANA (ROM LIMITS) 226-22-01 L7 Y� 10 CONTINENTAL RANCH PIMA CCOATY FLOG PARCEL 11A CONTROL DISTRICT � 42 M&�� 4 226-I5-020F oa y BRAKE I� RIVULET DR - CONPNENTA A CH` t qo I PARCEL 11 \ 8K 47 M&P, PG 16 21 22 8 1 — — "a 28 27 RIDGE l 9 ANDEORD pR � `�� 1`J J I'I!AA COiI.NTY PLOGG i 5 I CONTRGL O57RIC7 CONTINENTAL RANCH Ya 226-25-0041 SIE,�a ` �Py RpNP PARCEL 10 8K 45 M&P PG 75 � QJ NEW 24" DIP WATER MAIN i e� . 5 �bM 4bM r 7L �RBr 6 bey �• 1 �1 �AO 7 CONNECTION TO EXISTING PUMP STATION Marana Town Council Regul Meetin Ag a Pack tI _ �a a 60 of 161 February 20, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting C4 Meeting Date: 02/20/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: February 20, 2024 Strategic Plan Focus Area: Proactive Public Services Subject: Resolution No. 2024-017: Relating to Water; approving and authorizing the Mayor to sign an agreement for construction of water facilities under private contract with Trico Electric Cooperative, Inc. (David L. Udall) Discussion: This agenda item presents a water infrastructure construction agreement pursuant to Section 14-4-3 of the Marana Town Code for Trico Electric Coopoerative, which is generally located north of Tangerine Rd. and east of Mandarina Blvd. If approved, this agreement will require the Trico to construct the water infrastructure necessary to connect its property to the Town's public water system. Staff Recommendation: Staff recommends approval of Resolution No. 2024-017. Suggested Motion: I move to approve Resolution No. 2024-017, approving and authorizing the Mayor to sign an agreement for construction of water facilities under private contract with Trico Electric Cooperative, Inc. Attachments Resolution No. 2024-017 Exhibit A - Trico Agreement Marana Town Council Regular Meeting Agenda Packet Page 61 of 161 February 20, 2024 Marana Town Council Regular Meeting Agenda Packet Page 62 of 161 February 20, 2024 MARANA RESOLUTION NO.2024-017 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT WITH TRICO ELECTRIC COOPERATIVE, INC. WHEREAS Trico Electric Cooperative, Inc. desires for the Town to provide water services to the land described and depicted in the Special Warranty Deed recorded in the Pima County Recorder's office on April 11, 2000, at Sequence No. 20000700730; and WHEREAS Town staff has negotiated an Agreement for Construction of Water Facilities Under Private Contract with Trico; and WHEREAS the Mayor and Council find that the terms and conditions of the agreement are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Agreement for Construction of Water Facilities Under Private Contract for Trico Electric Cooperative, 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 Towri s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of February, 2024. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: David L. Udall, Town Clerk Jane Fairall, Town Attorney -1- Resolution No. 2024-017 Marana Town Council Regular Meeting Agenda Packet Page 63 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-017 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT Trico Electric Cooperative THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and TRICO ELECTRIC COOPERATIVE, INC., an Arizona nonprofit corporation (the "Owner"). The Town and the Owner are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code, as it may be amended from time to time ("Marana Town Code Title 14"). B. The Owner desires for the Town to provide water service to the land described and depicted in the Special Warranty Deed recorded in the Pima County Recorder's office on April 11, 2000, at Sequence No. 20000700730, which land area is referred to in this Agreement as the Subject Property. C. The Owner is the owner of the "Subject Property." D. As a condition of securing water service from the Town for the Subject Property, the Owner agrees to install those certain water infrastructure improvements (the "Owner -Installed Facility") in accordance with the required plans, specifications, and materials as outlined and depicted in the Water Distribution to Serve Trico Electric Cooperative, Plan No. ENG2309-008, sealed by the Rick Engineering Company on October 24, 2023 and approved by the Town of Marana on November 22, 2023 (the "Facility Plan"), which is on file in the office of the Town of Marana Water Department. E. The Owner desires that the Town take ownership of, operate, and service the Owner -Installed Facility. F. The Town is willing to accept the Owner -Installed Facility and permit it to be connected to the Town water system provided it meets Town standards and the work is done in accordance with Town requirements. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. The Owner -Installed Facility 1.1. Owner installation of the Owner -Installed Facility. The Owner has designed and shall install, at the Owner's own expense (subject to the reimbursement provisions of this Agreement), the Owner -Installed Facility as depicted in the Facility Plan. The Owner -Installed Facility shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Town Code Title 14 and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan 00074000.DOCx /11 Marana Town Council Regular Meeting Agenda Packet Page 64 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-017 note identifying the Owner -Installed Facility as a new water facility and shall show any and all alterations to the existing water system. Construction and installation of the Owner -Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor's license classifications required by the Arizona Registrar of Contractors, the contractor shall hold contractor's license classifications A, A-12 and A-16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Owner -Installed Facility, the person or entity seeking the service connection shall pay to the Town the connection fees and any other fees required under Marana Town Code Title 14. 1.4. Anticipated cost per meter. The person or entity seeking installation of a meter from the Town shall pay all applicable fees and charges in effect at the time of the meter installation request. As of the effective date of this Agreement, the Town's fees and charges to install a two-inch water meter on the Subject Property are detailed below. Note that smaller or larger meters will incur different fees than shown below. 1.4.1. Meter Install Fee: $1,840.00 1.4.2. Water Infrastructure Development Impact Fee: $26,841.00 1.4.3. Water Resource Development Impact Fee: $42,859.00 1.5. Mandarina Water Oversizing Recovery Charge. Pursuant to paragraph 1.8 of the Town of Marana Agreement for Construction of Water Facilities Under Private Contract — Mandarina Offsite Water, recorded in the office of the Pima County Recorder on February 5, 2021, at Sequence No. 20210360145 (the "Mandarina Agreement"), the Town established an oversizing recovery charge of $499.50 per equivalent dwelling unit (EDU) for a five -eighths - inch meter as a reimbursement mechanism for the oversized portion of water infrastructure constructed by the developer of the Mandarina development (the "Mandarina Oversizing Recovery Charge"), as set forth in the Mandarina Agreement. Based on Town equivalency tables and calculations, the Mandarina Oversizing Recovery Charge for a two-inch water meter is $3,996.00 per EDU. 1.5.1. Reconciliation. As stated in Recitals H and I of the Mandarina Agreement, the underlying costs used to calculate the Mandarina Oversizing Recovery Charge were based on estimated construction costs and EDU counts prior to the actual construction of the Mandarina water infrastructure. Paragraph 1.8.6 of the Mandarina Agreement acknowledges that "final construction quantities and amounts will be provided after construction of the [Mandarina water infrastructure] is completed"; and paragraph 1.8.5 provides that if "the actual pipe capacity and/or the actual number of lots and size of meters used to develop the [Mandarina development] results in a different EDU count, the number of EDUs required to pay" the Mandarina Oversizing Recovery Charge shall be adjusted and the 00074000.Docx /12 Marana Town Council Regular Meeting Agenda Packet Page 65 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-017 Mandarina Oversizing Recovery Charge "shall be re -calculated accordingly." As of the date of this Agreement, the Mandarina developer has submitted to the Town for review actual costs for the construction of the Mandarina facility, and a reconciliation agreement between the Town and the Mandarina Developer regarding the Mandarina Oversizing Recovery Charge is anticipated to be forthcoming. Owner hereby acknowledges the forgoing and hereby agrees to pay the difference between the currently established Mandarina Oversizing Recovery Charge and the re -calculated Mandarina Oversizing Recovery Charge once the reconciliation agreement between the Town and Mandarina is effective and a re -calculated Mandarina Oversizing Recovery Charge is established. 1.6. Owrwr-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Owner -Installed Facility until the Owner -Installed Facility has been accepted by the Town in accordance with Marana Town Code Title 14. 1.7. Owner's certification. Execution of this Agreement certifies that the Owner has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.8. Terruination for lack of Work. Approval of the Facility Plan shall lapse and this Agreement shall terminate if the Work has not commenced within one year of the date of this Agreement, or if the Work is discontinued for a period of one year. 2. Engineering and Inspection 2.1. Registered civil engineer. The Owner shall employ a registered Civil Engineer registered in the State of Arizona to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full inspection authority over the Work. 2.3. Inspection provisions. The Owner shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by the Owner or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by the Owner's contractor reasonably requires the Town's inspector to work overtime, the Owner or Owner's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven-day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1. Request to begin construction. The Owner shall submit a written request to the Town to begin construction five working days before the Work is to commence. 00074000.Docx /13 Marana Town Council Regular Meeting Agenda Packet Page 66 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-017 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress ofthe Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Owner shall, at Owner's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regulations relating to the Work. 4. Construction 4.1. Owner's presence on site. The Owner, or Owner's designated agent, shall be present at all times during performance of the Work. The name of the Owner's designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Owner. 4.2. Competence and diligence. The Owner r shall employ only competent and efficient laborers, mechanics or artisans on the Work, and the Owner agrees to perform diligently to complete the Work on or before the completion date given in the notice to proceed. 4.3. Paving. The Owner shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Torvn water system. The Owner shall, at the Owner's own expense, make any and all alterations to the existing water system either on -site or off -site necessitated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Owner shall require all contractors and subcontractors performing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Owner or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the 0ivner-Installed Facility to the Torwn. Upon the Town's final acceptance of the Work, the Owner shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Owner -Installed Facility free and clear of all liens, claims, charges or encumbrances. 5.2. Two-year lvarranty. The Owner guarantees the Work to be free from all failures due to poor workmanship or materials, and the Owner guarantees the existing water infrastructure detailed in the Facility Plan that is to be accepted by the Town for maintenance to be free from 00074000.Docx /14 Marana Town Council Regular Meeting Agenda Packet Page 67 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-017 all failures caused by any damage, defect, wear and tear, or other condition currently existing as of the date the Town accepts the Work, for a period of two years from the date of the Town's final acceptance of the Work. 5.3. Other conflicting construction prohibited. The Owner shall not construct or allow the construction of any utility, structure, building, or other improvement that would interfere with the operation or maintenance of the Owner -Installed Facility. 5.4. Owrwr's obligation to maintain finished grade. The Owner guarantees that all service lines, meters, and meter boxes on the Subject Property will be to finished grade and that the Owner will remain responsible for raising or lowering said services as required until the Subject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Owner -Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Owner's continuing obligations under this Agreement, the Town shall operate and service the Owner -Installed Facility after taking over possession of it under this paragraph. 6. Miscellaneous 6.1. Indemnity. Owner shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of the Owner or any contractor, subcontractor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Owner -Installed Facility. 6.2. Binding effect. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent required for assigninent. The Owner may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38- 51 1, which provides for cancellation in certain instances involving conflict of interest. 6.5. Counterparts. This Agreement may be executed in 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 attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 6.6. Entirety and Amendments. This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements and understandings, if any, relating to the transaction described herein. This Agreement may be amended or supplemented only by an instrument in writing executed by the Parties. [Signature page follows.] 00074000.Docx /15 Marana Town Council Regular Meeting Agenda Packet Page 68 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-017 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE "TowN": TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney STATE OF -N(k Z-CVY X, ) )ss County of THE "Owner": TRICO ELECTRIC COOPERATIVE, INC., an Arizona nonprofit corporation By. Eric Hawkins, Chief Operating Officer Date: Z �/r'Z�/'ZU2`l The foregoing instrument was acknowledged before me on -Fe qq (,w-t( (, i Z , 2024 by Eric Hawkins, the Chief Operating Officer of TRICO ELECTRIC COOPERATIVE, INC., an Arizona nonprofit corporation, on behalf of the corporation. (Seal) SANDRA MENDEZ Notary Public Y s Notary Public - Arizona F Pima County Commission # 621701 9i My Comm. Expires Mar 9, 2026 00074000.Docx /16 Marana Town Council Regular Meeting Agenda Packet Page 69 of 161 February 20, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting C5 Meeting Date: 02/20/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: February 20, 2024 Subject: Approval of Regular Council Meeting Summary Minutes of February 6, 2024 (David L. Udall) Attachments Regular Council Meeting Summary Minutes, 02/06/2024 Marana Town Council Regular Meeting Agenda Packet Page 70 of 161 February 20, 2024 MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 6, 2024, 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 6:01 PM and directed the Town Clerk to call the roll. Council Member Comerford 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 Kai moved approve the agenda as presented. Council Member Ziegler seconded the motion. Motion passed, 6-0. Regular Council Meeting Summary Minutes February 6, 2024 Page 1 of 7 Marana Town Council Regular Meeting Agenda Packet Page 71 of 161 February 20, 2024 CALL TO THE PUBLIC Linda Shepherd, Sandy McElhannon, Betty Thornton, and Gerald Peters addressed the Council expressing concern that a Tucson Electric Power (TEP) substation was being planned near their homes. General concerns consisted of health and safety risks, the substation's proximity to their neighborhood, noise impacts, property values, and lack of notice. Council Member Zigler requested information from Town staff regarding this. Town Manager Terry Rozema said staff were aware of the concerns and said a pre - application meeting had been held with TEP the week prior. He explained that Town staff had been in communication with Ms. Shepherd. He said no rezoning application was currently pending before the Town, and that the project is currently speculative. He said that there has been nothing put forward yet that would trigger the Towri s responsibility to send out notification regarding the project and briefly explained the process required for a rezone. He said notifications would go out if and when TEP decides to move forward. PROCLAMATIONS PR1 Proclamation Recognizing American Heart Month (David L. Udall) Town Clerk / Assistant Town Attorney David Udall read the proclamation as Mayor Honea presented it to its recipient. PR2 Proclamation Recognizing February 1, 2024 as Optimist Day (David L. Udall) Mr. Udall read the proclamation as Mayor Honea presented it to its recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea said he attended an event at Northwest Fire District that involved dedicating a monument to its previous fire chief, Jeff Piechura. He also attended the promotion ceremony for Marana Police Chief Jeff Pridgett. He said House Bill 2750 and Senate Bill 1112 were similar bills to last year's that tried to remove zoning authority from municipalities. He said these bills would hurt the Marana community. He also provided an update regarding RTA Next. Regular Council Meeting Summary Minutes February 6, 2024 Page 2 of 7 Marana Town Council Regular Meeting Agenda Packet Page 72 of 161 February 20, 2024 Council Member Ziegler commented that if Tucson intends to pull out of the RTA, that the other RTA jurisdictions should let it do so and continue on without the City. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Rozema said the Town issued 118 single-family residential permits in January. Last January, there were 27 total permits issued. He said the Marana Community Center and Aquatic Center is going vertical and provided a brief update on its construction. He said the Senior Center has added its 500th member. Mr. Rozema also highlighted the upcoming Marana Citizens Water Academy taking place on February 27 and 28 and the Marana Food Bank and Community Resource Center ribbon cutting taking place on February 12 from 4:00 PM until 6:00 PM. He also reminded the Council of the upcoming Council Retreat coming up on February 14 -16. PRESENTATIONS CONSENT AGENDA C1 Ordinance No. 2024.006: Relating to Development; approving a modification to Ordinance No. 99.02 which requires developers of land within the lower Santa Cruz River Levee Benefit Area to enter into a development agreement with the Town for payment of the Lower Santa Cruz River Levee Fee to remove the requirement for a development agreement (Jane Fairall) C2 Resolution No. 2024-011: Relating to Development; approving a final plat for Gladden Farms, Blocks 43A and 43B, located northwest of the W Tangerine Road and W Clark Farms Boulevard intersection (Scott Radden) C3 Resolution No. 2024-012: Relating to Real Estate; approving and authorizing the Mayor to execute the Right of Way Easement in favor of Tucson Electric Power Company, to provide power service to Southwest Gas Corporation's new natural gas tap site, over Ora Mae Harn District Park property (George Cardieri) C4 Approval of Regular Council Meeting Summary Minutes of January 16, 2024 (David L. Udall) Vice Mayor Post moved to approve the consent agenda. Council Member Kai seconded the motion. Motion passed, 6-0. Regular Council Meeting Summary Minutes February 6, 2024 Page 3 of 7 Marana Town Council Regular Meeting Agenda Packet Page 73 of 161 February 20, 2024 LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2024-013: Relating to Utilities; approving and authorizing the Mayor to execute Agreements for Construction of Drainage Facilities under Private Contract between the Town and Mandarina Holdings, LLC (Jane Fairall) [Council Member Kai declared a conflict of interest and recused himself from the dais at 6:34 PMJ Mr. Udall presented on this item. Mr. Udall said that this item involved the approval of protected facility agreements for the Mandarina Detention Basin, the Mandarina North Channel, and the Mandarina Regional Channel. A copy of the map depicting the protected facilities is on file with the Town Clerk's Office. He explained that each of the drainage facilities was oversized to include additional capacity over and above what was necessary for the Mandarina development. To ensure fair -share reimbursement by property owners who use and benefit from the additional capacity provided by the facilities, the agreements establish oversizing recovery charges that will be assessed to potentially affected properties if and to the extent these properties use the drainage facilities as determined by a drainage report approved by the Town Engineer. Mr. Udall said that the required 30-day notice had been provided to potentially affected property owners. Two individuals that had received the notices (David Rogers and Eden Bayman) were present at the Council meeting and wished to be heard. Mr. Rogers asked how the fees were calculated. Mr. Udall said the calculation depended on the facility. For example, he explained that the detention basin calculation was based on a per -acre-foot basis of storage capacity and that the Mandarina Detention Basin oversizing recovery charge was approximately $33,000.00 per acre foot of storage utilizing the basin. Mr. Rogers asked if that would be determined at the time of a drainage report submittal, and Mr. Udall confirmed that was the case. Mr. Rodgers asked if the protected facilities impacted the flood area. Public Works Director Fausto Burruel said that the floodplain was not impacted by the protected facilities and that there still would be some floodplain in this area during a 100-year event. Regarding Mr. Roger's specific site, he said there would need to be additional analysis to see if there was floodplain involved. He said that the benefit provided by the protected Regular Council Meeting Summary Minutes February 6, 2024 Page 4 of 7 Marana Town Council Regular Meeting Agenda Packet Page 74 of 161 February 20, 2024 facilities was that it could, for example, add additional developable land due to there potentially not being a need for on -site detention if he elects to connect to the protected facilities. Mr. Bayman asked if connecting to the protected facilities was mandatory. Vice Mayor Post confirmed that it was not. Council Member Ziegler moved to adopt Resolution No. 2024-013. Vice Mayor Post seconded the motion. Motion passed, 5-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION [Council Member Kai returned to the dais at 6:41 PM.] D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Towri s Marana Current and Proposed Projects internet site (Jason Angell) Development Services Director Jason Angell provided an update on public and private projects and development applications in the Town, as currently listed on the following website: https://maranae ov.com/portal/apps/experiencebuilder/experience/?draft=true&id =dae15ad306fb4a3fba65ee3babc21d54&pa e=Page&views=Water-Mana ement. 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) Mr. Rozema provided an update on legislative activities in the State. He said there are currently a total of 830 House bills and 781 Senate bills, and he highlighted and provided an update on the following bills: • HB 2750 and SB 1112 are identical bills that Mayor Honea addressed during his report at this meeting. The Town is opposing this bill. Regular Council Meeting Summary Minutes February 6, 2024 Page 5 of 7 Marana Town Council Regular Meeting Agenda Packet Page 75 of 161 February 20, 2024 • HB 2297: Would allow for commercial buildings to be converted to residential use without going through the rezoning process. The Town is opposing this bill. • HB 2309: This bill would render government property excise taxes (GPLETS) useless to municipalities trying to attract economic development. The Town is opposing this bill. • SB 1205 and HB 2489 (nearly identical bills): Gives the Town more authority over short-term rentals. The Town is supporting this bill. • SB 1361: Gives municipalities and the Arizona Department of Health Services essential tools to make informed decisions and provide greater authority to ensure facilities are secure, well run, etc. Among other things, the bill institutes transparent licensure standards and penalties for violations. The Town is supporting this bill. Mr. Rozema answered clarifying questions during his presentation. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Regular Council Meeting Summary Minutes February 6, 2024 Page 6 of 7 Marana Town Council Regular Meeting Agenda Packet Page 76 of 161 February 20, 2024 Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Officer seconded the motion. After the motion was seconded, but before it was voted on, Gerald Peters rose and addressed the Council regarding the floodplain. Mr. Rozema said staff could assist him after the meeting. Mayor Honea called for a vote on the motion to adjourn. Motion to adjourn passed, 6-0. Meeting adjourned at 6:58 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the regular Town Council meeting held on February 6, 2024. I further certify that a quorum was present. David L. Udall, Town Clerk Regular Council Meeting Summary Minutes February 6, 2024 Page 7 of 7 Marana Town Council Regular Meeting Agenda Packet Page 77 of 161 February 20, 2024 A6� C----* MARANA AZ ESTABLISHED 1 9 7 7 Council -Regular Meeting L1 Meeting Date: 02/20/2024 To: Mayor and Council Submitted For: David L. Udall, Town Clerk/Assistant Town Attorney From: Nolette Hernandez, Records Clerk Date: February 20, 2024 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 an owner transfer of a series #007 Beer and Wine Bar liquor license submitted by Mark Wayne Hoesing on behalf of Quarry Pines Golf Club, located at 8480 North Continental Links Drive, Tucson, Arizona 85743 (David L. Udall) Discussion: This application is for an owner transfer series #007 Beer and Wine Bar liquor license at Quarry Pines Golf Club, located at 8480 North Continental Links Drive, Tucson, Arizona 85743. 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. Marana Town Council Regular Meeting Agenda Packet Page 78 of 161 February 20, 2024 The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications, and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and 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 approvall be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to approve and submit to the DLLC an order recommending approval of an application for an owner transfer series #007 Beer and Wine Bar liquor license submitted by Mark Wayne Hoesing on behalf of Quarry Pines Golf Club, located at 8480 North Continental Links Drive, Tucson, Arizona 85743. OPTION 2: I move to approve and submit to the DLLC an order recommending disapproval of an application for an owner transfer series #007 Beer and Wine Bar liquor license application submitted by Mark Wayne Hoesing on behalf of Quarry Pines Golf Club, located at 8480 North Continental Links Drive, Tucson, Arizona 85743. Redacted Application Affidavit of Posting Attachments Marana Town Council Regular Meeting Agenda Packet Page 79 of 161 February 20, 2024 Local Governing Body Recommendation Descriptions of Common Liquor Licenses Marana Town Council Regular Meeting Agenda Packet Page 80 of 161 February 20, 2024 State of Arizona Department of Liquor Licenses and Control Number: Name: State: Issue Date: Original Issue Date: Location: Mailing Address: Phone: Alt. Phone: Email: Created 01/18/2024 @ 08:57:36 AM Local Governing Body Report 07100223 LICENSE Type: QUARRY PINES GOLF CLUB Pending Expiration Date: 02/06/1986 8480 N CONTINENTAL LINKS DRIVE MARANA, AZ 85652 USA Currently, this license has pending applications. Name: Gender: Correspondence Address: Phone: Alt. Phone: Email: AGENT MARK WAYNE HOESING Male OWNER 007 BEER AND WINE BAR 09/30/2024 Page I of 4 Marana Town Council Regular Meeting Agenda Packet Page 81 of 161 February 20, 2024 Name: Contact Name: Type: AZ CC File Number: Incorporation Date: Correspondence Address: Phone: Alt. Phone: Email: AZ HOSPITALITY SERVICES LLC MARK WAYNE HOESING LIMITED LIABILITY COMPANY 23551886 State of Incorporation: AZ 07/06/2023 Officers / Stockholders Name: Title: KEMPER SPORTS MANAGEMENT LLC Shareholder KEMPER SPORTS MANAGEMENT LLC Shareholder Name: KEMPER SPORTS MANAGMENT HOLDINGS LLC Contact Name: MARK HOESING Type: LIMITED LIABILITY COMPANY AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: Phone: Alt. Phone: Email: % Interest: 100.00 KEMPER SPORTS MANAGMENT HOLDINGS LLC - SecretaryNP/GC KEMPER SPORTS MANAGEMENT LLC - SecretaryNP/GC Name: STEPHEN WILLIAM KELLEY Gender: Male Correspondence Address: Phone: Alt. Phone: Email: Page 2 of 4 Marana Town Council Regular Meeting Agenda Packet February 20, 2024 Page 82 of 161 AZ HOSPITALITY SERVICES LLC - Shareholder Name: KEMPER SPORTS MANAGEMENT LLC Contact Name: MARK HOESING Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23442906 State of Incorporation: AZ Incorporation Date: 11/21/2022 Correspondence Address: Phone: Alt. Phone: Email: KEMPER SPORTS MANAGMENT HOLDINGS LLC - Treasurer/CFO KEMPER SPORTS MANAGEMENT LLC - Treasurer/CFO Name: JAMES EDWARD LAWLER Gender: Male Correspondence Address: Phone: Alt. Phone: Email: KEMPER SPORTS MANAGEMENT LLC - President/CEO KEMPER SPORTS MANAGMENT HOLDINGS LLC - President/CEO Name: STEVEN KNOX SKINNER Gender: Male Correspondence Address: Phone: Alt. Phone: Email: Page 3 of 4 Marana Town Council Regular Meeting Agenda Packet Page 83 of 161 February 20, 2024 APPLICATION INFORMATION Application Number: 259862 Application Type: Owner Transfer Created Date: 09/22/2023 QUESTIONS & ANSWERS 007 Beer and Wine Bar l) Are you applying for an Interim Permit (INP)? Yes A Document of type INTERIM PERMIT (INP) NOTARY PAGE is required. 4) Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City, Town or Tribal Reservation? No 8) Did the Premises phone number change? No 10) Provide name, address, and distance of nearest school. (If less than one (1) mile note footage) COYOTE TRAIL ELEMENTARY SCHOOL 8000 N SILVERBELL RD TUCSON AZ 85743 1.9 MILES 11) Are you one of the following? Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company MANAGEMENT COMPANY 12) Is there a penalty if lease is not fulfilled? No 13) What is the total money borrowed for the business not including the lease? Please list lenders/people owed money for the business. 0 14) Is there a drive through window on the premises? No 15) If there is a patio please indicate contiguous or non-contiguous within 30 feet. CONTIGUOUS 16) Is your licensed premises now closed due to construction, renovation or redesign or rebuild? No 17) Total Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liquor Store (license only) $4,000.00 Page 4 of 4 Marana Town Council Regular Meeting Agenda Packet Page 84 of 161 February 20, 2024 State of Arizona Department of Liquor Licenses and Control Number: Name: State: Issue Date: Original Issue Date: Location: Mailing Address: Phone: Alt. Phone: Email: Created 01/18/2024 @ 08:56:47 AM Local Governing Body Report LICENSE INP100026615 Type: QUARRY PINES GOLF CLUB Active 01/18/2024 Expiration Date: 01/18/2024 8480 N CONTINENTAL LINKS DRIVE MARANA, AZ 85652 USA AGENT Name: MARK WAYNE HOESING Gender: Male Correspondence Address: Phone: Alt. Phone: Email: OWNER INP INTERIM PERMIT 05/02/2024 Page 1 of 4 Marana Town Council Regular Meeting Agenda Packet Page 85 of 161 February 20, 2024 Name: Contact Name: Type: AZ CC File Number: Incorporation Date: Correspondence Address: Phone: Alt. Phone: Email: AZ HOSPITALITY SERVICES LLC MARK WAYNE HOESING LIMITED LIABILITY COMPANY 23551886 State of Incorporation: AZ 07/06/2023 Officers / Stockholders Name: Title: KEMPER SPORTS MANAGEMENT LLC Shareholder KEMPER SPORTS MANAGEMENT LLC - Shareholder Name: Contact Name: Type: AZ CC File Number: Incorporation Date: Correspondence Address: Phone: Alt. Phone: Email: KEMPER SPORTS MANAGMENT HOLDINGS LLC MARK HOESING LIMITED LIABILITY COMPANY State of Incorporation: % Interest: 100.00 KEMPER SPORTS MANAGMENT HOLDINGS LLC - SecretaryNP/GC KEMPER SPORTS MANAGEMENT LLC - SecretaryNP/GC Name: STEPHEN WILLIAM KELLEY Gender: Male Correspondence Address: Phone: Alt. Phone: Email: Page 2 of 4 Marana Town Council Regular Meeting Agenda Packet February 20, 2024 Page 86 of 161 AZ HOSPITALITY SERVICES LLC - Shareholder Name: KEMPER SPORTS MANAGEMENT LLC Contact Name: MARK HOESING Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23442906 State of Incorporation: AZ Incorporation Date: 11/21/2022 Correspondence Address: Phone: Alt. Phone: Email: KEMPER SPORTS MANAGMENT HOLDINGS LLC - Treasurer/CFO KEMPER SPORTS MANAGEMENT LLC - Treasurer/CFO Name: JAMES EDWARD LAWLER Gender: Male Correspondence Address: Phone: Alt. Phone: Email: KEMPER SPORTS MANAGEMENT LLC - President/CEO KEMPER SPORTS MANAGMENT HOLDINGS LLC - President/CEO Name: Gender: Correspondence Address: Phone: Alt. Phone: Email: STEVEN KNOX SKINNER Pagc 3 of 4 Marana Town Council Regular Meeting Agenda Packet Page 87 of 161 February 20, 2024 APPLICATION INFORMATION Application Number: 259863 Application Type: New Application Created Date: 09/22/2023 QUESTIONS & ANSWERS INP Interim Permit 1) Enter Liccnse Number currently at location 07100223 2) Is the license currently in use? Yes 3) Will you please submit section 5, page 6, of the license application when you reach the upload page? Yes A Document of type INTERIM NOTARY PAGE is required, Page 4 of 4 Marana Town Council Regular Meeting Agenda Packet Page 88 of 161 February 20, 2024 ATTACHMENT �L SEF' 25 Liq'`. Lic, >�t1i1;+>` No individuals own 10% or more of Kemper Sports Management Holdings LLC Kemper Sports Management Holdings LLC Officers: Steven Knox Skinner (CEO/President) James Edward Lawler (CFO/Treasurer) Stephen W. Kelley (Secy/VP/GC) r, 100% Kemper Sports Management LLC Officers: Steven Knox Skinner (CEO/President) James Edward Lawler (CFO/Treasurer) Stephen W. Kelley (Secy/VP/GC) 100% AZ Hospitality Services LLC APPLICANT Marana Town Council Regular Meeting Agenda Packet Page 89 of 161 February 20, 2024 'l�IKR Comae■ I.lx r¢ sok 6S lOa ..�6'au ���� U9 tsr ?t• 2M IW •a ra•:70� aaao YY i os» osur'zim 364k ssa.aaua ¢ N N �n szsi nu 1rN il♦ • • s s 3 ; a as • i e ♦ a s a �• s7 !f_ MASTER PLAN r�Iry ecws�r-moo— «wm 046M 0.22603 Ninr. Awirtrsr.� nF nw�n naYr,,ww� w9ronic rRN� SAryr —- P,�t ej t' C A T M A K A Nf A� 6O acres 'b 5# did F-1 8 kUW VTI Marana Town Council Regular Meeting Agenda Packet February 20, 202 0 7 �� Page 90 of 1''61 p LC: -I Amount: 1 401ZONP '23 SEP 25 t_i:gr, t_ic. 91-1111M AGENT/CONTROLLING PERSON QUESTIONNAIRE Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 51" Floor Phoenix, AZ 85007 (602)542-5141 Type or Print with Black Ink License Number: 07 1 00223 DLLC USE ONLY ATTENTION APPLICANT: This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution_ Attention local governments: Social security and birth date information is confidential. This information will be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED TO THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE, 1. Check the Appropriate Box ❑✓ Agent ❑ Controlling Person 2.Name: Hoesing, Mark, Wayne Birth Date: LQS Fast (NOT a public record) 3. Social Security #: Drivers License #:Emm_ State Issued: AZ 4. Place of birth: San Jose,CA, USA Height: 6r0rr Weight: 210 Eyes: BL Hair: BRN City State COUNTRY 5. Name of current/most recent spouse: Hoesing, Jacalyn, Gale _ Birth Date: _ Loft First Middle NOT o public record) 6. Are you a bonatide resident of jona? 'Yes ✓ No It yes, what is your date of residency? 01 /17 7, Daytime telephone number mail address: s. Premises Name: Quarry Pines Golf Club Business Phone: 520 / 744 7443 9. Premises Address: 8480 N. Continental Links Drive, Marana, AZ, Pima County, 85652 Street (do not use PO Box) City State County Lip 4/18/2023 " � r Marana Town Council" M�etinq Agenda Packet Page 91 of 161 Inki"viowak re uirrnq Al)�edruar�7 tl;'2�i� "s pease cull (602jS47 79;' 123 SEi , E''9- 09'. Ll4 17f 111)2- 10, List your employment or type of business during the past five (5) years, if unemployed, retired. or student, list place of residence address. (ATTACH ADDITIONAL SHEET If NECESSARY) Mom Year Month Year DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS (Street Address. City, State 3 Zip) 08/14 CURRENT Executive Kemper Spurts Management 11. Provide your residence address information for the last five (51 years A.R.S. 4-202 D ATTACH ADDITIONAL SHEET IF NECESSARY% FROM To Month/Year Month Year Street CI State ZiD 01/21 CURRENT 06/20 01 /21 01 /17 06/20 JAI IAGM ADOIIIUNALSHLET IF NECESSARY) 12. As an Agent or Controlling Person, will you be managing the duy to day operation of Yes No R the licensed premises? If you answered YES, then answer #13 below. If NO, skip to #14 13. Have you attended a DLLC approved Basic and Management Liquor Law Training Yes i do Course within the past 3 years? MUST attach copies of both training cerlificotes. 14. Hove you been cited, arrested. indicted, convicted or summoned into court for Yes :c❑ violation of ANY criminal law or ordinance, regardless of the disposition, even it dismissed or expunged, within the past five (5) years? 15. Are there ANY administrative law citations, compliance actions or consents, criminal Yes D No 0 arrests, indictments or summons pending against you? (Do not include civil traffic tickets) A.R.S.§4-202,4-210 16. Has anyone EVER obtained a judgement against you the subject of which involved Yes El No M fraud or misrelpresentation? 17. Have you had a liquor application or license rejected, denied, revoked or Yes No Q suspended in or outside of Arizona within the last five years? A.R.S,§4-202(D) 18. Has an entity in which you are or have been a controlling person had an application Yes No or license rejected, denied, revoked, or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) If you answered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED I, (Print Full Name) Mark Wayne HOeSln9 hereby sweat under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and statements that I have made herein are true and correct to the best of my knowledge. Signature: � "' Date: V—ZzZ3 4/18/2023 Maana ToWn Council kQ93rA&ting Agenda Packet Pag e 92 of 161 Inc)iviU'T«,quaing AU�efjruary -ff; 6 s p,eose call (602)542-2999 iA , q��zoNP ,23 JtP 25 Ltd'. Lic. R'' kk ALIEN STATUS Arizona Dept, of Liquor Licenses and Control 800 W. Washington St. 51" Floor Phoenix, AZ 85007 (602) 542-5141 Type or Print with Black Ink Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non -citizen nalionals, non- exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrant, and certain aliens paroled into the United States are eligible to receive state, or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit. Arizona Revised Statutes § 41-1080 requires, in general, that a person applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United States is authorized under federal law. Directions: All applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and a copy of one or more document(s) from the attached "Evidence of U.S Citizenship, U.S. National Status, or Alien Status" with your application for license of renewal. If the document you submit does not contain a photograph, you must also provide a government issued document that contains your photograph You must submit supporting legal documentation (Le, marriage certificate) if the name on your evidence is not the some as your current legal name. SECTION I - APPLICANT INFORMATION APPLICANT NAME (Print ortype) Mark Wayne Hoesing_ SECTION II - CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citizen or national of the United States? ❑✓ Yc ❑ I Io - f yes, indicate place of birth: City San Jose State CA COUNTRY USA If you answered Yes, 1) Attach a legible copy of a document from the list below. 2) Nameofdocument: Arizona Driver's License If you answered No, you must complete Sections III. 7/21/2022 Marana Town Council Regularlvlee$ng Agenda Packet Page 93 of 161 lh(.1iVI(_1UUIs fe luifr ly ALPebruaq,20;_2024­0s please call 1602)542-2999 EVIDENCE OF U.S. CITIZENSHIP, U.S. NATIONAL STATUS OR ALIEN STATUS L You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence is not the same as your current legal name. Evidence showing authorized presence in the United State includes the following: 1. An Arizona driver license issued after 1996 or an Arizona non -operating identification card. 2. A driver license issued by a state that verifies lawful presence in the United States. 3. A birth certificate or delayed birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after Jan. 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) 4. A United States certificate of birth abroad. 5. A United States passport. 'Passport must be signed*** 6. A foreign passport with a United States visa. 7. An 1-94 form with a photograph. 8. A United States citizenship and immigration services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10. A United States certificate of citizenship. 11. A tribal certificate of Indian blood. 12. A tribal or bureau of Indian affairs affidavit of birth. 13. Any other license that is issued by the federal government, any other state government, an agency of this state or a political subdivision of this state that requires proof of citizenship or lawful alien status before issuing the license. 7/21 /2022 Marana Town Council Re961brU"ng Aggenda Packet Page 94 of 161 Individuals requiring AB�,ebrO4a VM 215N" s Pleuse wll i6C21542-2999 SECTION III - QUALIFIED ALIEN DECLARATION Applicants who are not citizens or nationals of the United States, Please indicate alien status by checking the appropriate box. Attach a legible copy of a document from the attached list or other document as evidence of your status. Name of document provided Qualified Alien Status (8 U,S.C.§§ 1621 (a) (1),-1641(b) and (c)) ❑ ].An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) ❑ 2. An alien who is granted asylum under Section 208 of the INA. ❑ 3. A refugee admitted to the United States under Section 207 of the INA. ❑ 4 An alien paroled into the United States for at least one year under Section 212(d) (5) of the INA. ❑ 5. An alien whose deportation is being withheld under Section 243(h) of the INA. ❑ 6. An alien granted conditional entry under Section 203(a) (7) of the INA as in effect prior to April 1, 1980. ❑ . An alien who is a Cuban/Haitian entrant. ❑ 8_ An alien who has, or whose child or child's parent is a "battered alien" or an alien subject to extreme cruelty in the United States Nonimmigrant Status (8 U.S.C. § 1621(a)(2)) 9. A nonimmigrant under the Immigration and Nationality Act [8 U.S.0 § 1101 et seq.] Non -immigrants are persons who have temporary slat us for i specific purpose, See 8 U.S,C § 1 101 (a)(15). Alien Paroled into the United States for Less Than One Year (8 U.S.C. § 1621(a) (3)) 10. An alien paroled into the United States for Less than one Year under Section 212(d) (5) of the INA Other Persons (8 U.S.0 § 1621(c) (2) (A) and (C) i 1. A nonirrimigrant whose visa for entry is related to employment in the United States, or 12. A citizen of a freely associated state, if section 141 of the applicable compact of tree association approved in Public Law 99-239 or 99-658 (or a successor provision) is in effect [Freely Associated States include the Republic of the Marshall Islands, Republic of Palau and the Federate Slates of Micronesia, 48 U.S.C. § 1901 efseq.]; 13. A foreign national not physically present in the United States, I,. Otherwise Lawfully Present 15. A person rot described in categories 1-13 who is otherwise lawfully present in the United States. PLEASE NOTE: The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure. See 8 U.S.C. § Mark Wayne Hoesing Print Name Signq�ure Date 7/21M22 Marana Town Council g4d9FAA/leeiing Agenda Packet Page 95 of 161 indiviauc,l> requiring AGRebruBry 20,'21024`)'; P (>a3e cull 1602)542-2999 J � J-iLyL r! DRIVER LIMSE USA o CLASS D 9.END NONE �a REST NONE OOA + HOESMG 2 MARK WAYNE a aC E�(�v iS5 +s SEX M +a EYESSLU VETERAN I HM S..W to HAIR SRO +T WGf 2001D - �—DD— Marana Town Council Regular Meeting Agenda Packet Page 96 of 161 February 20, 2024 LC: Amount: AGENT/CONTROLLING PERSON QUESTIONNAIRE Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5" Floor Phoenix, AZ 85007 (602)542-5141 Type or Print with Black Ink License Number: 07 1 00223 ULLL. UJC Vry r Job *C�5111 Oat'�ccellcl. �t1l CSR>' ATTENTION APPLICANT: This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments: Social security and birth date information is confidential. This information will be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED 70 THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. 1. Check the Appropriate Box ❑ Agent Q Controlling Person 2.Nam e: Skinner, Steven, Knox Barth Date Los first (NOT a public record) 3. Social Security #: Drivers License #: State Issued: IL 4. Place of birth: Highland Park, IL, USA Height: 61111 Weight: 210 Eyes: HZL Hair: BRN C Ity State COUNTRY 5. Name of current/most recent spouse: Skinner, Anne, Jacqueline Last First Middle Birth Date NOT a public record) 6. Are you a bonafide resident of Arizona? Yes ONo 01f yes, what is your date of residenc ? N/A 7. Daytime telephone number: Email address: 8. Premises Name: Quarry Pines Golf Club Business Phone: 520 / 744 7443 9. Premises Address: 8480 N. Continental Links Drive, Marana, AZ, Pima County, 85652 Street (do not use PO box) City State County Zlp 4/18/2023 nda Pact Page 97 of 161Mra aeTo n Coalipiansease ca�60quIndivarnng A r2)542-299v r 3 i' 10. List your employment or type of business during the past five (5) years, if unemployed, retired, or student, list place of C P.1;IC1P.nCp Mldl P.CS_ !ATTACH AnninnuAi cwrrt IF HrCFfCARY% FROM Monm Year 0 1 /88 T _Month Year CURRENT DESCRIlE POSITION OR BUSINESS Executive EMPLOYERS NAME OR NAME OF BUSINESS Stre*f Address. C . Slat* i ZIpJ Kemper Sports Menagemen: i i . rroviae your reslaence aaciress information for the last five 5 ears A.R.S. 4-202 ATTACH ADDITIONAL SHEET IF NECESSARYI FROM To �Vonth/Year I Month Year Street 06/20 CURRENT 03/20 06/20 02/96 03/20 (ATTACH ADDITIONAL SHEET IF NECESSARY) 12. As an Agent or Controlling Person, will you be managing the day to day operation of Yes No ED the licensed premises? If you answered YES, then answer #13 below. If NO, skip to #14 13. Have you attended a DLLC approved Basic and Management Liquor Low Training Yes No Course within the post 3 years? MUST attach copies of both training certificates. 14. Have you been cited. arrested, indicted, convictpd, or summoned into court for Yes El No Q violation of ANY criminal law or ordinance, regardless of the disposition, even if dismissed or expunged, within the past f:ve (5) years? 15, Are There ANY administrative law citations, compliance actions or consents, criminal Yes No ✓" arrests, indictments or summons pending against you? (Do not include civil traffic tickets) A.R.S.§4-202,4-210 16. Has anyone EVER obtained a judgement against you the subject of which involved Yes No fraud or misrepresentation? 17. Have you had a liquor application or license rejected, denied, revoked or Yes No ✓❑ suspended in or outside of Arizona within the last five years? A,R.S.§4-202(D) 18. Has an entity in which you are or have been a controlling person had an application Yes No ❑✓ or license rejected, denied, revoked, or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) If you answered "YES" to any Question 14 through 18 YOU MUST attach a signed statement. Give complete details Including dates, agencies Involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED I, (Print Full Name) Steven Knox Skinner hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verity that the information and statements that I have n"e herein-gnd correct tgthe best of my knowledge. Signature: Date: r I t✓ I 4/18/2023 ,a,,�� 2 c f 2. Indiv���i�b�i�iil"rarn�AreuseP atk1�6U21542-2999 Page 98 of 161 ebruary LC: Amount: op 4RIZOHa 'is REF' 25 Li W. f iC. R1II -:CP AGENT/CONTROLLING PERSON QUESTIONNAIRE Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5" Floor Phoenix, AZ 85007 (602)542-5141 Type or Print with Black Ink License Number: 07100223 11 Job DLLC USE ONLY Ac ATTENTION APPLICANT: This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments: Social security and birth date information is confidential. This information will be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED TO THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. 1. Check the Appropriate ❑ Agent 0 Controlling Person Box MMOOPP. 2.Name: Lawler, James, Edward Birth Date Los f first (NOT ;;Public record) 3. Social Security tt: Drivers License #:00bu— State Issued: IL 4. Place of birth: Blue Island, I L , USA Height: 511111 Weight: 175 Eyes: HZL Hair GRAY CITY State COUNTRY 5. Name of current/most recent spouse: Lawler, Kathryn, Noelle Birth Date: Last first Middle NOT a public record) 6. Are you a bonafide resident of Arizona? Yes [:]No ❑✓ If yes, what is your date et residency? N/A 7. Daytime telephone numbe E����Email addres 8. Premises Name: Quarry Pines Golf Club Business Phone: 520 / 744 `7443 9. Premises Address: 8480 N. Continental Links Drive, Marana, AZ, Pima County, 85652 Street (do not use PO Box) CRY State County ZIP 4/18/2023 r� ar na Town C 4� it FZe,�,m I I�ieet n A nda Pack Page 99 of 161 Indiviiit a�s recwinng �' b ry �i �� ics�s �efease tali %02)542-2999 '�DJ {EP _25 Lid+', LiC, AMJ'1l)2t �_ . _ 10. List your employment or +ype of business during the past five (5) years, if unemployed, retired, or student, list place of rP4;idPnCP. riddrpsS fATTACH ADDITIONAL SHFFT IF NFCFSSARYI FROM T Month Year Month Year DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Street Address. City. State t Zip) 04/16 CURRENT Executive Kemper Sports Management, 11. Provide your residence address information for the lost five 5 ears A.R.S. 4-202 ATTACH ADDITIONAL SHEET IF NECESSARY) FROM To Month Year aMonth Yeor Street CRV Vat* Zip 09/03 CURRENT (ATTACH ADDITIONAL SHEET IF NECESSARY) 12. As an Agent or Controlling Person, will you be managing the day to day operation of Yes No ✓❑ the licensed premises? If you answered YES, then answer 013 below. It NO, skip to #14 13. Have you attended a DLLC approved Basic and Management Liquor Low Training Yes No ❑ Course within the past 3 years? MUST attach copies of both training certificates. 14. Have you been cited, arrested, indicted, convicted, or summoned into court for Yes ❑ No ✓V violation of ANY criminal law or ordinance, regardless of the disposition, even if dismissed or expunged, within the past five (5) years? 15. Are there ANY administrative law citations, compliance actions or consents, criminal Yes No 0 arrests, indictments or summons pending against you? (Do not include civil traffic tickets) A.R.S.§4-202,4-210 16. Has anyone EVER obtained a judgement against you the subject of which involved Yes No Q fraud or misrepresentation? 17. Have you had a liquor application or license rejected, denied, revoked or Yes No 0 suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) 18. Has an entity in which you are or have been a controlling person had an application Yes No Q or license rejected, denied, revoked, or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) If you answered "YES" to any Question 14 through 18 YOU MUST attach a slqned statement. Give complete details Including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED I, (Print Full Name) James Edward Lawler hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and statements that I have made -het a and correct to the best of my knowledge. Signature: X Date: 4/ ILt;20' 3 ara na Tovvn C it Re�-��a�l�e2fn A nda Pack t Page 100 of 161 IndiVIC1uVIS requi Ing eb°u`a`ryw�5 1�s�efeMe c�lfe(602)542-2999 LC: Amount: S Top 4RIZO1110 r 44 ri .-j JtP 25 i-t9 . Lic, t�tit l i l: AGENT/CONTROLLING PERSON QUESTIONNAIRE Arizona Dept. of Liquor Licenses and Control 800 W. Washi%gon St. 5`h Floor Phoenix, AZ 85007 (602)542-5141 Type or Print with Black Ink License Number: 07 1 00223 DLLC USE ONLY Job; `a Doe Acc �d: r ATTENTION APPLICANT: This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attentlon loco) governments: Social security and birth date information is confidential. This information will be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED TO THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. 1. Check the Appropriate Box ❑ Agent ❑✓ Controlling Person 2.Name: Kelley,Stephen, William Birth Date Last First (NOT a public record) 3. Social Security #: Drivers License # State Issued: IL Drexel Hill PA USA 6'0" 170 BRN GRAY 4. Place of birth: ' ' Height: Weight: Eyes; Hair: CRY State COUNTRY 5. Name of current/most recent spouse: Kelley, Lydia, Radcliffe Last First Middle Birth DateE�� NOT a public record) 6. Are you a bonafide resident of Arizona? 1'es No ✓ If yes, what is your date of residenc ? N/A 7. Daytime telephone number Email address: 8. Premises Name: Quarry Pines Golf Club Business Phone: 520 / 744 / 7443 9. Premises Address: 8480 N. Continental Links Drive, Marana, AZ, Pima County, 85652 Street (do not use PO box) City State County Zip 4/18/7023 �i pa 1 f k t Individua�sareq°uiiring� a u � tl0%,S$efe 35e alre(b02)542-2999 Page 101 of 161 e ruary 10. List your employment or type of business during the past five (5) years, if unemployed, retired, or student, list place of residence address. (ATTACH ADDITIONAL SHEET IF NECESSARY) FROM Month Year T Month Year i DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Sheet Address. CI stall t i 10/14 CURRENT Executive Kemper Sports Management, 11. Provide your residence address information for the last five 5 ears A.R.S. 4.202 ATTACH ADDITIONAL SHEET IF NECESSARY) FROM To Month Year (Month Year Street c1tv Vot*Zip 09/09 CURRENT (ATTACH ADDITIONAL SHEET IF NECESSARY) 12. As an Agent or Controlling Person, will you be managing the day to day operation of Yes ❑ No F/ the licensed premises? If you answered YES, then answer #13 below. If NO, skip to #14 13. Have you attended a DLLC approved Basic and Management Liquor Law Training Yes ❑ rJo ❑ Course within the past 3 years? MUST attach copies of both training certificates. 14. Have you been cited, nrrested, indicted, convicted, or summoned into tour+ for Yes No 0✓ violation of ANY criminal law or ordinance, regardless of the disposition, even if dismissed or expunged, within the past five (5) years? 15. Are there ANY administrative law citations, compliance actions or consents, criminal Yes No arrests, indictments or summons pending against you? (Do not include civil traffic tickets) A.R.S.§4-202,4-210 16. Has anyone EVER obtained a judgement against you the subject of which involved Yes No 0 fraud or misrepresentation? 17. Have you had a liquor application or license rejected, denied, revoked or Yes No ✓( suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) 18. Has an entity in which you are or have been a controlling person had an application Yes [] No Q or license rejected, denied, revoked, or suspended in or outside of Arizona within the last five years? A.R.S.§4-202(D) If you answered "YES" to any Question 14 through 18 YOU MUST attach a s_Igned statement. Give complete details Including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 14-18 MAY NOT BE ACCEPTED I, (Print Full Name) Stephen William Kelley hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and statements that I have madeerein are true and correct to the best of my knowledge. Signature:4,4 Date: 31 I LA 4/ 18/2023 ar n Town C �� itj a a2.;'`Y�;e2t n A nd Pa�1c Page 102 of 161 IndiviMuca� ieyu nng Februa` y b �� 's %u e c:a�I %02)542-2999 LC: Amount: ,o L LS`C, 193A 4grzoNP \i. 'LJ '-EP L5 �i?r. Lid. W1ii, t_r ,L- PREMISES MANAGER QUESTIONNAIRE Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5" Floor Phoenix, Al 85007 (602)542-5141 Type or Print with Black Ink License Number: 07100223 DLLC USE ONLY ATTENTION APPLICANT: This is a legally binding document. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments- Social security ana birth date information is confidential. This information will be given'o law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED ACCORDINGLY AND SUBMITTED TO THE DEPARTMENT WITH A BLUE OR BLACK LINED FINGERPRINT CARD AND $22 FEE_ FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. 1. Name: Hess, Donn, Alan Birth Da+e _ Last First (NOT o public record) 2. Social Security 4: Driver's License Sta•e Issued: AZ Wyomissing PA USA 5'10" 230 BRN BRN 3. Place of birth: ' ' Height: we',ghi: Eyes: Hair. City State COUNTRY 4. Name of current/most recent spouse: Hess, Jessica, Rachel Birth Date: Lost First Middle (NOT a public record) 5. Are you a bonafide resid 2 yes, what is your date of residency2 07/19 6. Daytime telephone �numb 1m� ail address 7. Premises Name: Quarry Pines Golf Club Business Prone: 520 , 744/7443 8. Premises Address: 8480 N. Continental Links Drive, Marana, AZ, Pima County, 85652 Sheet (do nol use Po Box) cRy State County Zlp 4/18/2023 Page 1 of 2 Inuividuol, requ;rirg ADA occornm000tians please :-ull (602)542-2999 Marana Town Council Regular Meeting Agenda Packet Page 103 of 161 February 20, 2024 9. List your employment or type of business during the past five (5) years, if unemployed, retired, or student, list place of residence address. (ATTACH ADDITIONAL SHEET IF NECESSARY) FROM Month Year T Month Year DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME Of BUSINESS s Quany Pines Golf Club, 11/04 CURRENT Management 10. Provide your residence address information for the lost five (5) years A.R.S. §4-202(D)(ATTACH ADDITIONAL SHEET IF NECESSARY) 11, Have you attended a DLLC approved Basic Liquor Law Training Course within the Yes ✓❑ No ❑ past 3 years? 12. Have you been cited, arrested, indicted, convicted, or summoned into court for Yes ❑ No ✓0 violation of ANY criminal law or ordinance, regardless of the disposition, even it dismissed or expunged, within the past five (5) years? 13. Are there ANY administrative law citations, compliance actions or consents, criminal Yes ❑ No ❑✓ arrests, indictments or summons pending against you? (Do not include civil traffic tickets) A.R. S. §4-202,4-2 10 14. Has anyone EVER obtained a iudgement against you the subject of which involved Yes ❑ No ❑✓ fraud or misrenreseniationz 15, Have you had a liquor application or license rejected, denied, revoked or suspended Yes ❑ No ✓❑ in or outside of Arizona within the last five years? A.R.S.§4-202(D) 16. Has an entity in which you are or have been a controlling person had an application Yes ❑ No Q or license rejected, denied, revoked, or suspended in or outside of Arizona within the lost five years? A.R.S.§4-202(D) If you answered "YES" to any Question 12 through 16 YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions. CHANGES TO QUESTIONS 12-16 MAY NOT BE ACCEPTED I, (Print Full Name) Donn Alan Hess hereby swear under penalty of perjury and In compliance with A.R.S. § 4.210(A)(2) and (3) that I have read and understand the foregoing and verify that the Information and statements that I hgv_e made herein are hue and correct to the best of my knowledge. Signature: l � Date: U I Z I Ze, 2 J The Licensee has authorized the person named on this questionnaire to act as manager for the above License. Print Name. Mark Wayne Hoesing Signature: X 4 J Date 4/18/2023 Pogo 2 of 2 Individuals regjving ADA accommodations please call (602)542-2999 Marana Town Council Regular Meeting Agenda Packet Page 104 of 161 February 20, 2024 Tor, i , SST. 19�q 441ZONp t` 3 ?ii- T L 091 , I_3C. Fil 3 '_1 I FINGERPRINT VERIFICATION FORM Arizona Department of Liquor Licenses and Control 800 W. Washington St. 5`h Floor Phoenix, AZ 85007 (602)542-5141 ATTENTION FINGERPRINT TECHNICIAN: Please follow the instructions below for fingerprinting this applicant. LPN LI 1. Please fill out or ensure that the applicant has filled out all the required boxes on the fingerprint card prior to taking the fingerprints. 2. Request a valid, unexpired government -issued photo ID from the applicant and compare the physical descriptors on the applicant's photo ID to the applicant and to the information on the fingerprint card. 3. Fill out the information in the boxes below. Please print clearly. 4. Once the prints have been taken, place the fingerprint card and this form into the envelope and seal it, Please write your name or identification across the edge of the seal. Return the sealed envelope to the applicant. Do not give the applicant the fingerprint card without first sealing it inside the envelope. 5. Write_ applicants name on front of sealed envelope. PRINT the following information: Date y12712023 Name of Applicant: Donn ,q/are yfs Name of off Fingerprint Technician: Fingerprint-technic"on's Signature: Fingerprint technician's Agency/company Name: Phone Number: - 0. 6 82 yoo5 Type of Photo ID Provided (check one): Driver's License ❑ Passport ❑ Other (Please specify) 12/20/2022 q Page 1 of 2 Ind aranal 1 own�dgun�l ReguPar eet g �gepnedaS�ac�1e�6021542 2999 page 105 of 161 �v February 20, 2024 Certificate #- _ L'5 09% is 411a1c Cerfificate of Completion O Off -sale For ® On- and off -sale Title 4 BASK Liquor Law Training A C4r6ficcrta of COmpIOW, rnvst be on ej form ProHded by tt e Army epproved trdning aovidr3r md. M,� �d iP,a Certillc ole is sl lery De�cuhnont of kk&.O,. CerHnppl�y ore compaleq � o Sitate 11'e Slots rOQa res BASIC Ville 4 ia:,ir 9 by Z �seRarticipcxil. required b hove BASIC Tice A hori q �N (zO aOk M" to Ica MANACpEMENr Tllfo 41ror*V or � a rOMAt of o licuw lav viorolon. Persons r,p os is tad of the boss of fits .Ertl care, licensees sornetntes r 6mpbyrnonb equine BASK Ti/94 iraininp a cbndlm of A re0DOgMrnf Cerafioole Of COrr"e 5N, rN Tlfie 4 ird ; rn rt be rnold� twoy�t, aL prouder to IWO veQs oiler the trdrrClQ �� � :•motion chfe_ Student information DONN�SS _ w1 Name ttX" p►intl siprorat�e 06/24/20 1 06/22/2024_ TrdNrplple#tir) mid Certifbolo EVpiro6on Date (ihrasYearttfromcc VIEltiondate) Training Provider inicxmotion Diversys Learning, Inc. >DBA SureSeilNomcom cvillip ►wmama 1011 Arrow Poirlt Woe, Cedar park, Texas 78613 Mdf-,p Ac7dea — 512-870-1063 Dvvtlme Carq� f Phone Number ►. go-1-1y_ Bailey Instructor None 1171ede � Certify 'hot the Obovo named Individuol did successfully complete Title 4 BASIC froir9ng in accordanr-e with A.R.S. §4-112(G) (21 and Arizona Administrative Code (A.A.C.) R 19- 1 -1 C13 using training Douse conte-nl and materials opproved by the Arizona I underslOnd thol misuse of iNS Cerli6cofe OF Co ;- Department of Liquor License and Ccx,lyd. 4 Tralr�ing Provider named in this section os ovided bOr) C n r SVII1 Ijh E a�dF0nOf S'Otc-� e1nSu- a For the Title Q_ 1'r y (1 (I 06/24/2021 �OY t� Y6or Persons necauired to comdeta BASIC & AMNAGENENi rite 4 tc-,"N: 1) cmnerfs) activet involved Iy n tt* dozy business operator-4of o Ik�rot tensed tx,�inexs of oseries kAadbelow 21 licensees, r � is and ors oclve►v involved in he daily bu0ness lr"br1 o MCrOl-NOYWy (Sprigs 31 Goverment (gDr*s 5) Of 0K�ror IiOenscd buslnm of o scr'os kstedbeiaw Convoycnc© (series at Lk!ljcx store (sorios 91 Bar ( 4) Beer & vm0 Bar (serves 71 Restwront (series 121 h slate Fmn w/resla 141 Motel/ Privofe Cl� (series Motel uront (mrios i 1) li�a fct"e Vynety (series 13) Beer & V*W Store (series 10) applrations (mid and renewoij Qe not comdele unto voted arfilicolos of Corn0elon for oil reQJrred persons hove been svt�nlNed Io tf,® p@ppr}„ent of Uqua. the GuesBor not (which duntil v rgs o mpnp f 10010C ionl and the 00on1 Chcr a form (which cnS;^ oncwv GcertSes)aenolcarriplefeuntiluc'dCorificotesofConoelonforo regw0dpc-nWmh0vgbeen s�tmitfed101heDrrxvhv,Anve tofCX'Of lul y 11.2013 Marana Town Council Regular Meeting Agenda Packet Page 106 of 161 February 20, 2024 [ 23 SEP ■� R tW Certificote of Comple9ion For Me 4 MANAGEMENT Liquor Low. 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J l.s•t.0 :d �7 w r, ry{W t..t.,v ` <nrr•W n;,etrla .>••1 �...a�.\tl-t.../ .-. r.�th •,r i�rr f. nl•a.� atr•. ell it �a.a1._�-r.+7 L.a•+,. {r,f ...er Lin•tw7•. ��1•Q�c 41[I:;dpwlfl fY1 (•f .1 /•vV--1Y:IV Iqt. a. ; M ,In m t,, kO L hlr•*&.T ,.w to o"•.vwcotfalesE• _,.1J(/t•p/tl•7a+a7• ♦•..7h•�:a.lfc^i< . hUbu.,N.•hw•r,nr• tt•ar.>r.' ;prh I : r +/Qk • an. K.rwr rt.r.•r • f• t1•11 frtr J W'M ;b'G ,1(1rra1 lilI J?JJI t,lry 17[t..:.7no. 1f1R>I p;y ,r:'1lv.J: O!, •:;1 Cl••i1CR1 \v {rp .•rJ C[v7l1 V•Iv{ i• �.Cr'i.n,l.l>< 1;y U •n7•a't\7 r>•"+�rD l\Y.'t fvg,r M.tr•IIYr7 t: � �M �71r.1' 4v ,I.IU:t 1•.[y.roc,/'•s►alM►.DAh.a•aw.y^<f•W,•s�tlar.l7yyQd/'a. rL k�, lfr•• :»n.>' c: �or1 rf• .. - `•a�+i» JarBt ,: ra/n u!•n 1- tla w ia,a:• .r Ir_:.`l'.lrr l^I y�tl,7 ir•ll!•T`M l��tt•1•ri•r/ ••1�w1�1 :(�1"•w •.t•11{r 4{•1 .1r�+'1 [•w lw.../IryV.'[f I-:,+/ •tl � rti Marana Town Council Regular Meeting Agenda Packet Page 107 of 161 February 20, 2024 '24 JEAN V bir. Lic. t111119 BILL OF SALE THIS BILL OF SALE is made by QP BEVERAGE, LLC, an Arizona limited liability company ("Seller"), to AZ HOSPITALTIY SERVICES, LLC, an Arizona limited liability company ("Buyer"). WHEREAS, alcoholic beverages are served at the Quarry Pines Golf Club, located at 8480 Continental Drive, Tucson, AZ 85743 (the "Club") pursuant to Stale of Arizona Department of Liquor Licences and Control Alcoholic Beverage License 407100223, (the "Liquor License"), The Liquor License is held in the name of Seller; WHEREAS, Seller's affiliation with the Club ended effective at the close of business on January 11, 2024, and Buyer's affiliation with the Club commenced effective on the opening of business on January 11, 2024; and WHEREAS, Seller desires to sell, convey, assign and transfer, and Buyer desires to acquire all of Seller's right, title and interest in the Liquor License. NOW, THEREFORE, in consideration of the foregoing, the sum of$10.00, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Seller does hereby sell, convey, assign and transfer unto Buyer all of its right, title and interest in and to the Liquor License. This Bill of Sale shall be construed in accordance with the laws of the State of Arizona. DULY EXECUTED by the undersigned this January 11, 2024. QP: By: Nan Title Marana Town Council Regular Meeting Agenda Packet Page 108 of 161 February 20, 2024 POSTING Job# DLLC use only Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5t" Floor Phoenix, AZ 85007 (602)542-5141 Type or Print with Black Ink Date of Posting: 01 / 23 / 24 Applicant's Name: Hoesing Last Date of Posting Removal: ;�/ / Q- / 2 � Mark First Business Address:8480 N Continental Links Dr Tucson Street city Wayne Middle 85741 Zip I hereby certify that pursuant to A.R.S. 4-201, 1 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 Print Name of City/County Official Signature Housing Rehabilitation Specialist (520) 990-2496 Title Phone Number 0 % 7- •: -/. Date 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 requirinca m ADA accom dations plea e ail 602)542-2999 Marana Town council Regular IVleeting Agenda �ac�et Page 109 of 161 February 20, 2024 S T op L . 44ST 19'59 R/ZON V Local Governing Body Recommendation A. R.S. § 4-201(C) Arizona Dept. of Liquor Licenses and Control 800 W. Washington St. 5`h Floor Phoenix, AZ 85007 (602)542-5141 City or Town of: Town of Marana (Circle one) County of: Pima County Type or Print with Black Ink Liquor License/Application #: City/Town/County #: LL2024-01 259862 (Arizona license/application #) 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 Marana Town Council at on the 20 of (Day) Regular (Governing body) (Regular or special) February 2024 considered the application of (Month) (Year) meeting held (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 Mark Wayne Hoesing (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 I , (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 7/21 /2022 Marana Town Council Regular Meeting Agenda Packet Page 110 of 161 Individuals requiring AD*&Rg& W(�U�pns please call (602)542-2999 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses 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 provided for the bar. Payment must be made no later than the time of delivery. {00018233.DOC / 21 Marana Town Council Regular Meeting Agenda Packet Page 111 of 161 February 20, 2024 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses 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, this 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. {00018233.DOC / 21 Marana Town Council Regular Meeting Agenda Packet Page 112 of 161 February 20, 2024 MARANA ESTABLISHED 1 9 7 7 Council -Regular Meeting B1 Meeting Date: 02/20/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: February 20, 2024 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2024-018: Relating to Benefits; appointing Yiannis Kalaitzidis as a Trustee for the Marana Health Care Benefits Trust for a four-year term and making additional Trustee appointments for the Marana Health Care Benefits Trust, retroactively effective from November 20, 2023 (David L. Udall) Discussion: On August 6, 2019, the Council adopted Resolution No. 2019-068 establishing the Marana Health Care Benefits Trust for the Town's self-insurance program for health and dental insurance benefits as required by A.R.S. §11-981, and authorized the Mayor to execute the Trust Document. Section 3.02 of the Trust Document sets forth the number and identity of the Trustees for the trust. Based on feedback from the Council, section 3.02 provides that there will be five Trustees, with no more than one Trustee being a Town employee, and no Trustees being a member of the Council. Each Trustee serves a four-year term, unless a term is terminated earlier. Per the approved Trust Document, applicants must have expertise in at least one of the following fields: finance, employee benefits, health care, human resources, or risk management, and must reside in Pima or Pinal County. There are currently five vacancies on the Board resulting from two Board members resigning early and three terms expiring. Thomas Plantz and Franklin Garrett resigned ahead of the conclusion of their current term expiring on November 19, 2025. The Town's Finance Director, Yiannis Kalaitzidis, and the two other Trustees reached the end of their four-year terms on November 19, 2023. Marana Town Council Regular Meeting Agenda Packet Page 113 of 161 February 20, 2024 Town staff has solicited applications to fill four of the five vacant positions and has received two applications from Steve Crooks and Tamera Bhatti. These applicants meet the minimum requirements as set forth in the Trust Document for appointment to the Board, and copies of their applications are attached to this agenda item for the Council's review. The Council -appointed Trustees will begin serving immediately upon appointment and will serve for four-year terms, retroactively beginning on November 20, 2023. The other two vacancies, whose terms are set to expire on November 19, 2025, will be filled at a later date. Town staff is recommending that the Council also reappoint Mr. Kalaitzidis to serve as a Trustee with a four-year term, retroactively beginning on November 20, 2023. Pursuant to section 2-6-2(E) of the Marana Town Code, at tonight's meeting, the Town Council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3.Order the solicitation of additional applications. 4. Take any other action it deems appropriate. An executive session has been scheduled on tonight's agenda, should the Council desire to conduct interviews in executive session. Staff Recommendation: Council's Pleasure. Suggested Motion: I move to adopt Resolution No. 2024-018, appointing Yiannis Kalaitzidis as a Trustee for the Marana Health Care Benefits Trust for a 4-year term, retroactively effective from November 20, 2023; and appointing and as Trustees for the Marana Health Care Benefits Trust for 4-year terms, retroactively effective from November 20, 2023. Attachments Resolution No. 2024-018 Trust Document Steve Crooks Application Tamera Bhatti Application Marana Town Council Regular Meeting Agenda Packet Page 114 of 161 February 20, 2024 MARANA RESOLUTION NO.2024-018 RELATING TO BENEFITS; APPOINTING YIANNIS KALAITZIDIS AS A TRUSTEE FOR THE MARANA HEALTH CARE BENEFITS TRUST FOR A FOUR-YEAR TERM AND MAKING ADDITIONAL TRUSTEE APPOINTMENTS FOR THE MARANA HEALTH CARE BENEFITS TRUST, RETROACTIVELY EFFECTIVE FROM NOVEMBER 20, 2023 WHEREAS on August 6, 2019, the Town Council adopted Resolution No. 2019-068, establishing the Marana Health Care Benefits Trust (MHCBT) and approving the Trust Document, to satisfy the requirements of Arizona Revised Statutes (A.R.S.) Section 11-981; and WHEREAS section 3.02 of the Trust Document provides that there shall be five Trustees for the Trust, that no Trustee may be a current or former member of the Council, that no Trustee may be a former employee of the Town, and that no more than one Trustee may be an employee of the Town; and WHEREAS the Trust Document also provides that each Trustee shall serve a four-year term, except that the initial terms for the first five Trustees shall be as follows: two Trustees to serve an initial term of two years; and three Trustees to serve an initial term of four years; and WHEREAS on November 19, 2019, the Town Council adopted Resolution No. 2019- 11 E appointing the initial Trustees for the MHCBT, and on December 20, 2022, the Town Council adopted Resolution No. 2022-132 reappointing two of the members who had served faithfully during their initial two-year term; and WHERAS there are currently five vacancies on the MHCBT resulting from two Trustees resigning from their positions prior to the expiration of their term on November 19, 2025, and resulting from the three other Trustees' terms expiring on November 19, 2023; and WHEREAS Town staff has solicited applications to fill four of the five vacant positions and has received applications from Steve Crooks and Tamera Bhatti, who both meet the minimum requirements as set forth in the Trust Document for appointment to the Board; and WHEREAS Town staff also recommends the reappointment of the Town's Finance Director, Yiannis Kalaitzidis, as a Trustee for the Marana Health Care Benefits Trust; and WHEREAS the Mayor and Council find that the appointments addressed by this resolution are in the best interest of the Town and its citizens. Resolution No. 2024-018 Marana Town Council Regular Meeting Agenda Packet Page 115 of 161 February 20, 2024 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Yiannis Kalaitzidis is hereby appointed as a Trustee for the Marana Health Care Benefits Trust for a four-year term, retroactively effective from November 20, 2023, and that and are hereby appointed as Trustees for the Marana Health Care Benefits Trust for four-year terms, retroactively effective from November 20, 2023. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of February, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney -2- Resolution No. 2024-018 Marana Town Council Regular Meeting Agenda Packet Page 116 of 161 February 20, 2024 00062524.DOC /7 MARANA HEALTH CARE BENEFITS TRUST Marana Town Council Regular Meeting Agenda Packet Page 117 of 161 February 20, 2024 RECITALS WHEREAS the Town of Marana, Arizona ("Marana") currently provides certain welfare benefits for certain of its employees, former employees, elected officials, and their beneficiaries; WHEREAS Arizona law permits Marana to establish a self-insurance program for the management and administration of health benefits; WHEREAS Arizona law requires that the funding for such self-insurance program be deposited in a trust; WHEREAS Marana has established such a self-insurance program; WHEREAS Marana intends the trust established by this document (this "Trust Document") to satisfy the requirements of Arizona Revised Statutes (A.R.S.) Section 11-981; WHEREAS Marana intends the trust established by this Trust Document to be exempt from taxation pursuant to Section 115 of the Internal Revenue Code; and WHEREAS Marana wishes trustees to hold and administer the Funds (defined below), in trust, pursuant to the terms of this Trust Document; NOW, THEREFORE, in consideration of the foregoing Marana establishes the following Trust: 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 118 of 161 February 20, 2024 ARTICLE I DEFINITIONS "Account" means the bank or investment account(s) established by the Trustees to hold some or all of the Funds. "Beneficiary" means a person designated by a Participant who is or may become entitled to a benefit under the Plan. "Code" means the Internal Revenue Code of 1986, as amended. "Council" means the Marana Town Council. "Employee" means an individual that Marana classifies and treats as an employee (not as an independent contractor) for payroll purposes, regardless of whether the individual is subsequently reclassified as an employee of Marana in a court order, in a settlement of an administrative or judicial proceeding, or in a determination by the Internal Revenue Service, the Department of the Treasury, or the Department of Labor. "Finance Director" means the individual engaged by the Town Manager to select, manage, and invest Marana's funds, subject to the investment guidelines established by the Council and Marana's Finance Department. "Funds" means the assets of the Trust, in whatever form or location. "Governmental Trust" means a trust that is exempt from taxation pursuant to Section 115 of the Internal Revenue Code. "Marana" means the Town of Marana, Arizona. "Participant" means an Employee or Marana elected official who is eligible to participate and is participating in the Plan; for purposes of this definition, a former Employee who has elected continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 is a Participant. "Plan" means the specified group insurance pursuant to which Marana provides self -insured health care benefits to Participants and Beneficiaries and shall include any amendments, endorsements, or riders attached to the insurance. "Plan Administrator" means Marana's Human Resources Director. "Plan Year" means the fiscal year of the Plan. "Premium Holiday" means a designated period of time in which the Trust waives the total premium (the amount established by the Trustees pursuant to Section 5.01(a)). "Restricted Reserve" means the amount needed to pay Plan claims that are incurred but not reported, and also Plan claims that are incurred but not paid. The amount shall be as attested 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 119 of 161 February 20, 2024 to by an actuary who has been engaged to provide services to the Trust and as approved by the Trustees. "Restricted -Plus -Six Reserve" means the Restricted Reserve plus an amount equal to six months of premium payments for the Plan. "Trust" means the legal entity established pursuant to this Trust Document. "Trustees" means the Trustees described in this Trust Document. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 120 of 161 February 20, 2024 ARTICLE II ESTABLISHMENT OF TRUST Section 2.01. Establishment. Marana hereby establishes the Trust, consisting of such monies as Marana may deposit from time to time in the Account; plus all other money or property as shall lawfully become a part of the Trust; plus all the earnings, income, gains, appreciation and all other increments of any nature from the foregoing; and less payments made pursuant to this Trust Document. The Trust shall become effective only upon the determination of Marana's Town Attorney that this document is in proper form and is within the power and authority of the Council, and upon the approval of the Council. Trust. Section 2.02. Name. The Trust shall be known as the Marana Health Care Benefits Section 2.03. Purpose. (a) The Funds shall be held, invested, reinvested, and administered by the Trustees in accordance with the terms of the Plan and the terms of this Trust Document, solely in the interest of Participants and Beneficiaries and for the purpose of providing benefits to the Participants and their Beneficiaries and defraying the reasonable expenses of administering the Plan and the Trust. (b) The purpose of the Trust is to fund health, welfare and related benefits, consistent with the restrictions contained in Code Section 115 and other applicable law, for the benefit of Participants and Beneficiaries, in accordance with the Plan. (c) The successful operation and administration of the Trust requires communication and cooperation among the Trustees, the Council, Town Management, Town Staff, Employees, and other third parties. Decisions made by the Trustees regarding operation and administration of the Trust should take into account input from designated stakeholders. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 121 of 161 February 20, 2024 ARTICLE III ORGANIZATION AND OPERATION OF TRUSTEES Section 3.01. Appointment. The Council shall appoint individuals to serve as Trustees overseeing the management and administration of the Trust. The Council shall consider and may appoint any individual, provided that the number and identity of the appointed Trustees shall conform to the requirements of this Article. Each Trustee so appointed shall accept the appointment in writing and shall confirm in writing that the Trustee agrees to hold and administer the Funds, in trust, pursuant to the terms of this Trust Document. Section 3.02. Number and Identity. There shall be five Trustees. No Trustee may be a member of the Council. No more than one Trustee may be an employee of Marana. No former member of the Council or former employee shall be a Trustee. With the exception of the employee Trustee, if any, a Trustee shall have expertise in the field of finance, employee benefits, health care, human resources, or risk management, and shall reside in Pima or Pinal County. Section 3.03. Bonding. All Trustees shall be bonded in an amount to be approved by the Town Manager. This requirement may be satisfied by a blanket performance bond or other coverage provided by Marana. Section 3.04. Officers. At the commencement of each Plan Year, the Trustees shall elect a Chairperson and a Secretary from among themselves. The Chairperson shall preside over the work of the Trustees pursuant to this Trust Document. The Secretary shall preside in the Chairperson's absence. The Secretary shall cause to be maintained accurate records of all actions of the Trustees, including minutes from all Trustees' meetings. A copy of the minutes shall be retained as a record of the Trust's activities. Section 3.05. Term. Each Trustee shall serve a four-year term, unless a term is terminated earlier as described in this Article. Notwithstanding the foregoing, the initial terms for the first five Trustees shall be as follows: two Trustees to serve an initial term of two years; and three Trustees to serve an initial term of four years. The Council shall determine which of the first five Trustees shall serve the two-year and four-year terms. Section 3.06. Termination. The term of any Trustee shall automatically terminate upon the earliest of the following: death; resignation; removal; failure to attend three consecutive meetings; or, for a Trustee who is an employee of Marana, the termination of such employment. 1Q1I17 ►UYZII 191N 7 Marana Town Council Regular Meeting Agenda Packet Page 122 of 161 February 20, 2024 Section 3.07. Resignation of a Trustee. A Trustee may resign by giving 60 days' prior written notice to the Chairman. The Chairman may exercise discretion to waive or reduce the 60-day requirement, but shall not waive the written -notice requirement. The notice shall state the effective date of resignation. The resignation shall take effect on its stated effective date unless a new Trustee is appointed and accepts appointment prior to the stated effective date, in which case the date of acceptance shall constitute the effective date of the resignation. Upon the effective date of the resignation, the resigning Trustee shall be discharged from any further duty or responsibility under the Trust, and the resigning Trustee shall deliver to the Chairman (or to the Secretary, if the Chairman is resigning) any and all property in his or her possession or control which belongs to the Plan or Trust. Section 3.08. Removal of a Trustee. A Trustee may be removed pursuant to Marana Town Code Section 2-6-2(G). Upon the effective date of the removal, the removed Trustee shall be discharged from any further duty or responsibility under the Trust, and the removed Trustee shall deliver to the Chairman (or to the Secretary, if the Chairman is being removed) any and all property in his or her possession or control which belongs to the Plan or Trust. Section 3.09. Meetings. The Trustees shall meet whenever required to provide for the orderly and timely administration of the business of the Plan and the Trust at such location as may be acceptable to the Trustees, but no less than four times per Plan Year. In calling, providing notice of, and holding meetings, the Trustees shall conform to applicable law. Section 3.10. Quorum. A quorum shall consist of three Trustees. Section 3.11. Voting. Each Trustee shall have one vote. All actions by and decisions of the Trustees shall be the affirmative vote of a majority of the number of the Trustees attending a duly called meeting of the Trustees at which there is a quorum present. Section 3.12. Exculpation and Indemnification of the Trustees. (a) Reliance. A Trustee may act or rely upon any of the following: (i) Any instrument, application, notice, request, signed letter, telegram or other paper or document believed by the Trustee to be genuine and to contain a true statement of facts and to be signed or sent by the proper person; or (ii) The advice, opinion, records, reports or recommendations of any accountant, actuary, administrator, attorney, consultant, co -trustee, investment agent or investment manager or any other advisor selected by the Trustees with reasonable care. (b) Exculpation of Trustees. No Trustee shall incur any liability individually or on behalf of other individuals for any action or omission, unless such action or omission is due to the Trustee's own gross negligence, criminal conduct, willful misconduct, or lack of good faith. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 123 of 161 February 20, 2024 (c) Indemnification of Trustees. The Trustees shall cause any person who is or has served as a Trustee to be indemnified out of the Trust against all damages, liabilities and expenses incurred by or imposed on the person in connection with any claim, suit, action or proceeding concerning the Trust or the person's acts or omissions as a Trustee, including, without limitation, legal fees and amounts paid in any compromise or settlement, unless such acts or omissions constitute gross negligence, criminal conduct, willful misconduct, or lack of good faith. Any indemnification provided herein shall be limited to amounts not collected pursuant to valid and enforceable liability insurance policies. (d) Indemnification of Others. To the extent permitted by law, the Trustees, in their discretion, may also cause the Trust to indemnify any person who is rendering services to the Trust or Plan against all damages, liabilities and expenses incurred by or imposed upon such a person in connection with any claim, suit, action or proceeding concerning the Plan or Trust or the acts or omissions of such a person, including, without limitation, legal fees and amounts paid in any compromise or settlement, unless such act or omission constitutes gross negligence, criminal conduct, willful misconduct, or lack of good faith. (e) Limitation on Indemnification. Notwithstanding the foregoing, no indemnification shall be provided unless and until: (i) It is adjudicated that the action or omission did not constitute gross negligence, criminal conduct, willful misconduct, or lack of good faith; or (ii) The Trust receives a written opinion from legal counsel for the Trust that any such adjudication would have determined that the action or omission did not constitute gross negligence, criminal conduct, willful misconduct, or lack of good faith. Section 3.13. Compensation of Individual Trustees. An individual Trustee shall not be paid any compensation or reimbursement from the Trust for services provided to the Trust. Section 3.14. Conflicts of Interest. Each Trustee shall comply with applicable state and federal law concerning conflicts of interest. Section 3.15. Service in More Than One Fiduciary Capacity. Any individual, entity or group of persons may serve in more than one fiduciary capacity with respect to the Plan, the Trust, or both to the extent such is permitted by law. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 124 of 161 February 20, 2024 ARTICLE IV RESPONSIBILITIES AND POWERS OF THE TRUSTEES Section 4.01. In General. The Trustees shall have the power to perform all acts, to take all proceedings, and to exercise all rights and privileges, although not specifically mentioned herein, as the Trustees may deem necessary or advisable to administer and manage the Trust so as to carry out the purposes of this Trust Document and the Plan. The Trustees shall discharge their responsibilities under this Trust Document: (a) For exclusively governmental purposes, namely providing benefits to Participants and Beneficiaries and defraying the reasonable expenses of administering the Plan and Trust; (b) With the care, skill, prudence, and diligence under the circumstances that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (c) By diversifying the investments of the Fund so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (d) In accordance with the provisions of the Plan and this Trust Document. Section 4.02. Discretionary Powers. The Trustees may without limitation do all of the following: (a) Adopt policies, rules and procedures for the administration of the Trust; provided, however, that these policies, rules and procedures may not be inconsistent with the provisions of this Declaration of Trust or any applicable local, state, or federal law or regulations. (b) Authorize the Plan Administrator or designee on behalf of the Trust to retain the services of actuaries, auditors, engineers, private consultants, administrators and advisors as the Trustees consider necessary to carry out the business and purposes of the Trust. The Trustees may seek private outside legal counsel when legal advice is considered necessary. For routine matters associated with administration of the Trust, the Trustees may seek counsel from the Town Attorney or designee. (c) Recommend modifications of the terms and conditions of this Trust document to the Council. (d) Authorize the Plan Administrator or designee to administer the day-to-day affairs of this Trust. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 125 of 161 February 20, 2024 Section 4.03. Statutory Requirements. (a) Risk Management Consultant or Insurance Administrator. Prior to paying Plan expenses on a self -insured basis, the Trustees shall confirm that the Town Manager has designated a risk management consultant or insurance administrator licensed pursuant to Title 20, Chapter 2 of the Arizona Revised Statutes, and the Trustees shall further confirm that such license was verified by the Council prior to such designation. (b) Auditor. Marana shall engage an external auditor to perform an annual audit of the Trust. Each audit report shall be kept on file for five years with the Town Clerk. The Trustees shall work and cooperate with such auditor. (c) Stop -Loss. Prior to paying any Plan claims on a self -insured basis, the Trustees shall confirm that Marana has procured stop -loss insurance for the Trust from an insurer authorized to do business in Arizona. Section 4.04. Management. The Trustees shall have the power to manage the Trust, including the acquisition and disposition of property that is in or part of the Trust, as follows: (a) General Authority. The Trustees shall have exclusive authority and responsibility with respect to the custody and management of the Trust, except to the extent any such authority has been assigned elsewhere by this Trust Document or has been delegated by the Trustees pursuant to this Trust Document. (b) Separate Account. The Trustees have the exclusive responsibility and authority to maintain the Funds in Trust. The Trustees shall maintain the Funds at a financial institution approved by Marana. (c) Contributions and Distributions. The Trustees have the authority and responsibility to determine the required contributions to and appropriate distributions from the Trust, as more fully described in Article V. (d) Restricted Reserve. The Trustees have the authority and responsibility to determine the appropriate amount of Funds that the Trust should hold as Restricted Reserve, based on accepted actuarial standards and consistent with accounting principles generally accepted in the United States. (e) Premium Holidays. No Premium Holiday shall be permitted unless it is recommended by the Trustees. The use of Funds for a Premium Holiday is subject to the following limitations: (i) Premium Holiday. The Trustees may determine that Funds in excess of the Restricted -Plus -Six Reserve be used to pay for a Premium Holiday. The Trustees shall not approve a Premium Holiday if the use of Funds for the Premium Holiday would cause the total Funds to fall below the level of the Restricted -Plus -Six Reserve. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 126 of 161 February 20, 2024 (f) Service Providers. (i) For the Trust. The Trustees have the authority to request that appropriate Marana staff provide services to the Trust. In addition, the Trustees have the authority to engage suitable third parties to provide services for the Trust. Such authority is exclusive to the Trustees, with the following exceptions: Marana has the authority to select and engage an external auditor for the Trust, and Marana has the authority to select and purchase stop -loss coverage for the Trust. (ii) For the Plan. The Trustees do not have the authority to engage third parties to provide services for the Plan. (iii) Payment. The Trustees have the authority to pay reasonable compensation and expenses for any parties engaged to provide services for the Trust as set forth above. (iv) Compliance. All engagements and payments pursuant to this Section shall comply with applicable procurement laws, policies, and procedures. (g) Accounts, Books, and Records. The Trustees have the authority and responsibility to keep full and accurate accounts, books, and records concerning the Fund. All such accounts, books, and records shall be open to inspection in accordance with applicable law. (i) Valuation. The Trustees shall cause the Fund to be valued no less than annually and shall forward notice of such value to the Town Council and the Plan Administrator. (ii) Accounting. Within a reasonable time after the end of each Plan Year, the Trustees shall provide the Plan Administrator an accounting of the administration of the Trust since the previous accounting. The accounting shall include all transactions of the Trust during the relevant period, as well as all property in the Trust and its fair market value at the end of the relevant period. (h) Legal. The Trustees have the authority to prosecute or defend actions, claims, or proceedings necessary or advisable for the protection of the Trust. Section 4.05. Investments. The Trustees will, through the Finance Director and in accordance with the reasonably prudent investment standard for Trustees, provide for the investment of Trust monies in a manner consistent with the provisions of Arizona Revised Statutes Title 35, Chapter 2, Article 2.1 regarding management of public monies. Section 4.06. Responsibilities Not Assigned to the Trustees. The Trustees shall have no authority or responsibility for: 00062524.DOC /7 (a) Designing, adopting, amending, or terminating the Plan; Marana Town Council Regular Meeting Agenda Packet Page 127 of 161 February 20, 2024 (b) Ensuring that the Plan complies with state or federal laws mandating the terms of the Plan; (c) Determining what portion of Plan premiums should be paid by Participants and Beneficiaries; (d) Collecting premiums from Participants or Beneficiaries. Authority and responsibility for the foregoing items in this Section are assigned to Marana, which may delegate this authority and responsibility to a third party. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 128 of 161 February 20, 2024 ARTICLE V CONTRIBUTIONS TO AND DISTRIBUTIONS FROM THE TRUST Section 5.01. Contributions (a) Premiums. (i) Amount. The Trustees shall determine the total premium that shall be required to participate in the Plan at each coverage level (e.g., individual coverage, family coverage). In determining premiums, the Trustees shall consult with the risk management consultant or insurance administrator engaged to assist the Trust, the Plan Administrator, and the Finance Director, and shall also consult with an actuary familiar with the Trust and the Plan. In determining the total premium, the Trustees shall consider all reasonable factors, including but not limited to the amount of reserves in the Trust, the claims experience of the Plan and Trust, market conditions, and cost trends. The Trustees shall determine the total premium no less frequently than annually, but the Trustees have the authority to increase premiums more frequently if reasonably necessary to protect the financial stability of the Trust. The Trustees may recommend Premium Holidays subject to Section 4.04(e). (ii) Administration. At its discretion, the Trustees may establish a contribution schedule, adopting a funding policy, or using any similar mechanism to arrange for the orderly contribution of funds to the Trust. Marana shall forward the premiums to the Trust no less frequently than monthly, in accordance with the arrangement adopted by the Trustees. Upon the Trustees' knowledge that Marana is delinquent in its contributions, the Trustees shall promptly provide written notice of the delinquency to the Council, the Town Manager, and the Town Attorney. (iii) Payment By Participants and Beneficiaries. Marana may determine that a portion of the premium should be paid by Participants and Beneficiaries. In such event, Marana shall be responsible for collecting such portion from Participants and Beneficiaries and forwarding those monies to the Trust for deposit. If a Participant or Beneficiary fails to pay the appropriate portion of his or her premium, Marana shall ensure that the total premium shall nevertheless be paid to the Trust. Marana shall be responsible for recovering delinquent amounts from Participants or Beneficiaries. (b) Other Funding. The Trustees may permit the Trust to receive additional funding, including but not limited to any one or more of the following: interest, dividends, rebates, gifts, grants, special taxes levied to satisfy judgments, recovery from insurers, subrogation, or reimbursement. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 129 of 161 February 20, 2024 Section 5.02. Distributions. Distributions from the Trust may be made for any of the following: (a) Paying for or providing benefits to Participants or Beneficiaries, in accordance with the terms, provisions and conditions of the Plan, as determined and directed by the Plan Administrator. (b) Paying all reasonable expenses of operating, administering, or managing the Plan or Trust, including but not limited to: (i) Where third parties are engaged to provides services to the Plan or Trust, as described above, compensating such third parties; (ii) Where Marana employees render services to the Trust or Plan, compensating Marana for such services; (iii) Where taxes or assessments are levied or imposed upon the Trust or the Plan, paying such taxes or assessments. (c) Upon termination, pursuant to Section 6.03. Section 5.03. No Inurement to Private Interests. Except as specified in Section 5.02, at no time shall any part of the principal or income of the Trust inure to the benefit of a private individual or entity. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 130 of 161 February 20, 2024 ARTICLE VI AMENDMENT AND TERMINATION Section 6.01. Amendment of Trust. This Trust Document may be amended in writing at any time by the Council. The Trustees may recommend amendments to the Council. Notwithstanding the foregoing, no amendment shall be adopted which alters the basic purpose of the Trust, causes the Trust to lose its status as a Governmental Trust, conflicts with any applicable law or government regulation, causes the use or diversion of any part of the Trust for purposes other than those authorized herein, or retroactively deprives anyone of a vested right or interest. Section 6.02. Termination of Trust. The Trust shall continue until terminated by the Council in writing. The Council shall supply a copy of the writing to all the Trustees and to the Plan Administrator. Section 6.03. Distribution Upon Termination. (a) Upon termination of the Trust, the Trustees shall use the Funds to pay or to provide for the payment of any and all obligations of the Trust and the Plan, and the Trustees shall distribute and allocate the Funds in accordance with the then -current provisions of the Trust and the Plan; provided that, notwithstanding any Plan provision to the contrary, the Funds shall be allocated and distributed in the priorities and according to the categories required by applicable law. (b) Upon termination of the Trust, after all obligations of the Trust and Plan have been satisfied, any remaining Funds shall revert and be distributed to Marana's general fund. Section 6.04. Amendment and Termination of Plan. Nothing in this Trust Document shall affect Marana's ability to amend or terminate the Plan. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 131 of 161 February 20, 2024 ARTICLE VII GENERAL PROVISIONS Section 7.01. No Right, Title, or Interest. No Employer, Employee, Participant, or Beneficiary shall have any right, title or interest in the Trust or any right to contributions to be made thereto, or any claim against the Trust on account thereof, except as may be provided from time to time by this Trust Document or the Plan, and then only to the extent of the benefits payable to such person under the Plan. Section 7.02. Nonalienation of Benefits. The Trust shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse, former spouse or any relative, until such payment has been actually received by the person entitled to it. Any attempt to anticipate, alienate, settle, transfer, assign, pledge, encumber, charge or otherwise dispose of the same shall be void. The Trust shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits under the Plan. Section 7.03. Prohibition of Diversion. (a) It shall be impossible by operation of the Trust or by its natural termination, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement or by any other means, for any part of the corpus or income of the Trust or any funds contributed thereto to be used for or diverted to purposes other than as described herein. (b) Notwithstanding the foregoing, a contribution made by Marana as the result of a mistake may be returned to Marana if the Trustee so directs, provided that the repayment is not prohibited by applicable law. Section 7.04. Incompetency. If it is determined that any person entitled to receive benefits is unable to care for his or her affairs because of mental or physical incapacity, the benefits due such person may be paid to his or her legal guardian or conservator, or to any relative by blood or by marriage to be used and applied for the benefit of such person. Payment to such legal representative or relative of the person on whose account benefits are payable shall operate to discharge the payor from any liability to such person or to anyone representing him or her (or his or her interest), and the Trustees shall have no duty or obligation to see that the funds are used or applied for the benefit of such person. Section 7.05. Notice and Delivery of Documents. Any notice required to be given under this Trust Document may be given in person or by first-class mail. When notice is given by mail, it shall be deemed to have been given as of the date of posting to the last -known address of the addressee available from the Trust records. Section 7.06. Headings. Titles of articles and headings of sections and subsections are inserted for convenience of reference. They constitute no part of this Trust Document and are not to be considered in the construction hereof. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 132 of 161 February 20, 2024 Section 7.07. Construction. This Trust Document is created and accepted in the State of Arizona. All questions pertaining to its validity or construction not otherwise preempted by federal law shall be determined in accordance with the laws of the State of Arizona. If any provision contained in this Trust Document or in any collective bargaining agreement pursuant to which this Trust Document is created should be held unlawful, such provision shall be of no force and effect and this Trust Document or any such collective bargaining agreement shall be treated as if such provision had not been contained therein. 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 133 of 161 February 20, 2024 IN WITNESS HEREOF, the Town of Marana hereby establishes the Marana Healthcare Benefits Trust. DATED this 6th day of August 2019 TOWN OF MARANA, ARIZONA A Municipal Corporation f I -- Ed Honea, Mayor ATTEST: Cherry Lawso , Town Clerk APPROVED AS TO FORM STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this '/Vk day of 2019, by Ed Honea, the Mayor of the TOWN OF MARANA, ARIZONA, municipal corporation, on its behalf. (Seal) Suzanne Sutherland Notary Public Pima County, Arizona NotaryP c My Comm. Expires 09-11-2022 Commission No. 551302 00062524.DOC /7 Marana Town Council Regular Meeting Agenda Packet Page 134 of 161 February 20, 2024 �o Board and Commission Submitted On: � Application Jan 19, 2024, 06:05PM EST MARANA AZ ESTABLISHED 1977 Town Clerk Board or Commission Marana Health Care Benefits Trust Board Please upload your resume here. First Name Last Name Email Full Address Steve Crooks Resume Director.docx S teve Crooks Street Address: C ity: State: Zip: How many years have you lived 23 at this address? How many years have you lived 37 in Pima or Pinal County? Phone Number (Daytime) . Phone Number (cell or home) Occupation Director of Business for Arizona and Nevada Employer Favorite Healthcare Staffing What are some of the most Flexible benefits packages tailored to diverse work arrangements, important concerns or issues addressing financial challenges due to inflation and indebtedness, related to employee benefits and investing in learning and development are paramount. The Town that you think the Town will must navigate economic uncertainties, prioritize employee well have to face in the near future? being, and foster diversity and inclusion as key differentiators. HR teams should strategically adapt benefits to the evolving needs of the workforce to enhance morale, productivity, and overall organizational resilience in the competitive landscape of 2024 and beyond. Please describe your experience in the field(s) of V\ith over two decades of leadership in sales and business finance, employee benefits, development, I excel in finance, employee benefits, healthcare, health care, human resources, human resources, and risk management. As the Director for Arizona and/or risk management and Nevada at Favorite Healthcare Staffing, I oversee office operations and business development, showcasing my expertise in healthcare staffing. My experience in launching a market for Bacon and driving a turnaround at Grad Solutions demonstrates proficiency in business development, market analysis, and client relationships. M�r�A o�v�i yin G� jill��✓1 t�r�41ge �U 1�21�i5' revenues teawuk�atsng global markets arte%dM6� ,'rf}i career reflects success in dynamic industries. With a focus on professional development, I've completed extensive training. As a leader, entrepreneur, and board member, I bring financial acumen, strategic planning, and effective team management to drive success in the finance and healthcare sectors. Describe your experience working with a Council- As President and Board of Directors for Courtney's Courage/Tee Up appointed board or commission for Tots since 1999, I've been overseeing finances, fostering collaboration with healthcare stakeholders, and adeptly managing a dynamic team of 15 board members. This multifaceted experience has not only honed my governance, leadership, and financial management skills but has also provided valuable insights into the intricacies of navigating the healthcare sector. Collaborating closely with hospitals, physicians, and healthcare professionals has established meaningful partnerships that enhance our organization's impact. This collaboration has allowed us to implement impactful programs and initiatives that address the needs of our community. Motivating and managing a diverse team has been a cornerstone of my role. I've cultivated a collaborative and productive working environment through effective leadership and communication, ensuring that each board member brings unique skills and perspectives. Financial oversight has been a critical aspect of my responsibilities. Diligently managing the organization's finances requires strategic planning, attention to detail, and a commitment to fiscal responsibility. This stewardship has enabled us to allocate resources efficiently, maximizing the effectiveness of our programs. The most rewarding aspect of this journey has been witnessing the tangible and positive outcomes of our work in the community; our organization has made a meaningful and lasting difference. In conclusion, working on this board has been a comprehensive and enriching experience. It has not only enhanced my professional growth but has also deepened my dedication to making a positive impact on the lives of those we serve. If appointed by the Council you I will maintain objectivity by thoroughly researching and will be representing all of the understanding the needs and concerns of all residents in the Town Town of Marana in your of Marana. I will actively seek input from diverse community decisions. Describe how you members, attend public meetings, and consider the broader impact will maintain your objectivity in of decisions on the entire town. Transparency, open communication, making decisions for locations and a commitment to fair representation will guide my decision other than your own residence. making process, ensuring that I prioritize the community's collective interests over personal considerations. Full Name Mir v9tvNfjvv 01:RTgyf"eeting Agenda Packet Page 136 of 161 February 20, 2024 Last Name: Rozema Full Address Relationship Friend Phone Number Full Name First Name: Bob Last Name: Brown Full Address Street Address:' C ity: State: Zip: Relationship Friend Phone Number Phone Number Name of Business NA Person with Interest NA Type of Interest NA Additional Information Have any of the above businesses conducted any business (e.g. supplier of goods No or services, contractor, consultant) with the Town of Marana in the past 24 months? If Yes, please explain Are you, a relative, or any member of your household an No employee of the Town of Marana? If Yes, please explain List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct NA economic interest such as a partnership, joint venture or similar business relationship? Signature Data First Name: Steve Last Name: Crooks Email Address: Marana Town Council Regular Meeting Agenda Packet Page 137 of 161 February 20, 2024 Full Date Signed at: January 19, 2024 6:04pm America/New-York Month: 1 Day: 19 Year: 2023 Marana Town Council Regular Meeting Agenda Packet Page 138 of 161 February 20, 2024 STEVE CROOKS Tucson, AZ - Strategic sales leader with over two decades of progressive leadership delivering revenue growth initiatives for large enterprise sales and next -generation technology solutions across multiple industries. Solid track record of acquiring new business, managing relationships, human resources, and motivating team members to exceed sales benchmarks. Lead a regular cadence of valued client engagements to ensure they are supported and represented throughout the sales cycle to build recurring sales pipelines of revenue -generating opportunities. Secure new business development prospects by surfacing solutions that hinder the trajectory, strategy, planning, and execution of critical business initiatives. Create significant investments around job deliverables, developing high -performing sales teams, and valuing the voice of the customer to drive a better foothold within the marketplace. Areas of Expertise Business/Sales Strategy & Execution I B2B/B2C Sales I Revenue Growth Leadership I Risk Management Pipeline Development I Human Resources I Turnaround Management I Professional Presentations I Forecasting C-Level Engagement Business Development I Market/Trend Analysis I Market Penetration Cross -Functional Leadership Vendor Relations I Project Management I Sales Team Training I Brand Development Customer Success Plans Product Demonstrations I Contract Negotiation I ROI Rationale I MS Office I CRM — HubSpot & Salesforce Favorite Healthcare Staffing, Tucson, AZ Director for Arizona and Nevada 2023-Present Responsible for Office Operations and Business Development for the Arizona and Nevada Markets. Management of recruiters, office personnel, and healthcare professionals. Favorite Healthcare Staffing is the nation's premier provider of healthcare professionals, offering a full range of per diem, allied health, contract, travel assignments, as well as permanent placement opportunities. Favorite continues to set the industry standard for quality, service, and integrity in healthcare staffing and services. BACON; Tucson, AZ 2021-2023 Business Development Executive Serve as the principal strategist in launching a new market for the company's mobile application that supports a rapidly growing "gig economy" with qualified temporary workers. Execute the new business development strategy, operating frameworks, and commercial relations by researching/targeting industries plagued with maintaining a daily workforce. Build cross -functional relationships across the client's organization to provide awareness of the company's software, confront sales calls head-on, and identify processes, workstreams, and roadmaps to drive the employer/employee adoption of the company's workforce solution. • Determine ways to leverage existing/new partner channels to rapidly accelerate the scaling, rollout, and selling of Baconwork's digital platform. • Set a regular cadence of client -facing calls to understand their business, pain points, and strategic initiatives to build plans that accelerate the client's ROI results. • Create lines of sight between the company's solution and the client's business to build a win -win selling strategy by maintaining a constant pulse on the solution's selling strength. • Capitalize on opportunity pursuits as they occur through expert territory canvassing and following up on market ebbs and flows to convert leads into staffing solution partners. • Accelerated sales velocity by fully utilizing CRM software to track engagements and align sales targets with activities, rapidly signing 70 new globally and nationally recognized employers. GRAD SOLUTIONS; Mesa, AZ 2015-2021 Director of Corporate Development & National Expansion ......................................................................................................................................................................................................................................................................................................................................................................................... Held full accountability for driving a turnaround management strategy, rebuilding the sales team, and rebranding the company's solution within the market to expand existing and create net new Education Management Organization (EMO) and Dropout Recovery Program partners. Built the outreach sales team to engage with school administrators, counselors, politicians, and community members to decrease dropout rates and improve engagement. Strengthened the partnership portfolio based on business growth factors, program re -unification procedures, and key educational, operational, and societal synergies, growing company revenues from 600K to well over $12M during tenure. • Drove appropriate ROI for each partnership by ensuring a proper blend of marketing, brand messaging, and local/regional outreach was in place to fuel sales performance. • Established a multi -media marketing approach to ensure inbound and outbound engagement drives leads in sufficient volumes to take the business to the next level of success. Marana Town Council Regular Meeting Agenda Packet Page 139 of 161 February 20, 2024 STEVE CROOKS Page 12 • Trained the sales teams on building innovative sales strategies, holding them accountable to meet sales goals, and equipping them with the tools and support to drive the sale across the finish line. MDT CONSULTING; Tucson, AZ Sales & MarketinLy Consultant 2011-2015 Stood in a high capacity of trust to resolve business challenges, develop brand management/marketing campaigns, optimize existing workforce, and fuel sales growth for clients struggling to meet objectives outlined in their operational and strategic plans. Carved out customer engagement strategies, analyzed organizational pain points, reviewed sales processes, and conducted business reviews to structure the consultancy plan and keep companies moving in the right direction. Engaged the correct control and expertise to be an active member of the client's strategy, solution, and execution team. Consulting on risk management, employee benifts and human resources. • Delivered competitive analysis, leadership development opportunities, staff re -alignment recommendations, marketing strategies, and change management plans. • Built a communication cadence between numerous teams to surface issues, resolve cross -functional conflicts, and complete client services. • Positioned a medical device manufacturing company to grow revenues to $50M+ within 2 years, increased weekly sales by 91 % for a wireless provider, and established a new market presence for a Laser Micrometer company. VANTE; Tucson, AZ 2007-2011 Director of Sales & Marketing ........................................................................................................................................................................................................................................................................................................................................................................................ Paved the way fora continual stream of revenue -generating opportunities and organizational growth fora global medical device manufacturing company. Established and nurtured value-added partnerships and relationships with distributors while managing global teams in Europe, China, and Japan. Consistently delivered above client expectations and laid the groundwork for multi -year sales success by securing high -value accounts with ongoing needs. Expanded product portfolio and ignited sales revenue by developing and defining launch strategy for new product lines, boosting sales, and embracing new demographics into the client's portfolio. Managed P&Ls, team development, sales forecasting, account expansion, and customer/employee relations. • Translated internal/external communication into salient ideas that support the execution of the broader business development strategy across marketing outreach • Delivered quarterly business reviews and previous sales recaps to facilitate valued discussions on penetrating new and existing markets. • Continued to re -balance strategies and priorities as the customer relationship evolved by acquiring a deeper understanding of their healthcare needs. • Grew gross sales by 33% through artful contract negotiations, ignited a 13% revenue increase, and augmented total sales by 30% despite slashing the advertising budget. COX COMMUNICATIONS; Tucson, AZ Commercial Sales Manager 2005-2007 Supervised 10 direct reports by tracking and managing sales and customer service activities. Launched an innovative solution to build and expand market share in a rapidly growing business segment, achieving $2.3M in revenue, exceeding quota by 12%, and growing the market by 7%. QWEST COMMUNICATIONS; Tucson, AZ 2004-2005 Manager; New Business Development ......................................................................................................................................................................................................................................................................................................................................................................................... Identified market trends, built business plans for new product launches, created financial models, and developed marketing programs, sales tools, and promotional materials to successfully penetrate DSL markets. Added 84 new distribution points during DSL launches by negotiating with key representatives to expand and grow DSL services across rural Arizona markets. MCI; Tucson, AZ 2003-2004 District Sales Manager ......................................................................................................................................................................................................................................................................................................................................................................................... Served as Market Manager responsible for developing and expanding new direct consumer channels for telecommunication products across Southern Arizona. Hired, trained, and supervised a district residential door-to-door sales team. Oversaw launch and direction of new market segments and future planning. • Exceeded sales quotas by 23% by introducing an indirect agent program and leading a team of door-to-door sales staff to market and promote telecommunication products across Southern Rural Arizona. CINGULAR WIRELESS; Dayton, OH 2O01-2002 Director of Sales & Operations ........................................................................................................................................................................................................................................................................................................................................................................................ Led sales and operations with full accountability for P&L performance. Built and executed turnaround and long-term strategic plans. Marana Town Council Regular Meeting Agenda Packet Page 140 of 161 February 20, 2024 STEVE CROOKS PAGE 13 Spearheaded the "Roll -Over -Minute" concept as part of delivering a successful national campaign. • Increased sales production by 22% and sales by retail location by 57% by launching new management and corporate office with a 15-member B2B team comprised of management, sales representatives, and support personnel. VOICESTREAM WIRELESS/T-MOBILE; Tucson, AZ 1998-2001 Regional Sales Manager/Market Manager Led sales for a multistate region with 500+ indirect points of distribution. Implemented plans to build and expand markets for PCS products from the ground up. Held full accountability for operating budget and $100M+ P&L. Hired, trained, and led a 38- member team. Supervised 54 permanent staff in addition to 500+ indirect dealer locations. Human resources and risk management responsibilities. Received President's award by serving 21 markets and continually ranked #1 and #2 region in the country for outstanding sales performance. • Achieved 117% of sales quota and reduced acquisitions costs by 55% by balancing distribution channels to deliver products to market. A Six -Step IMPACT Selling® System: A consultative, customer -focused IMPACT Selling(l System relevant to the daily challenges of the sales team— from qualifying a prospect to closing a sale. Case studies, role-playing, and problem -solving techniques are used to ground each course in the specific demands of the job. Peak Performance Training and Development / Manager's Foundation Program: Focused training on Sales Systems and Structure providing a foundation for real control can be accomplished based on using a consistent offense, consistent defense, and an agreed set of plays. Ken Blanchard / Situational Leadership II: Focused training on the fundamental changes in the role of a leader today. Ninth House: The Ninth House curriculum addresses the most relevant issues organizations face today — from leadership and management development, to employee retention and performance management to driving large-scale change. Partnering for Results / Refraining Change / Forgoing Breakthroughs / Resolving Interpersonal Issues / Retaining and Engaging Talent / Mastering Workflow Interactive / High Impact Hiring / Self -Management / Managing Change / 7 Habits Interactive / Optimizing Team Performance / Virtual Teams Development Dimensions International / Targeted Selection: Developing and maintaining a selection system that yield solid returns, delivering productive employees who enjoy their responsibilities and seek opportunities to continuously improve their jobs. World Class Sales Management / Resolution Systems: Covered the specific demands managers face as they lead a sales team. Appraising Performance / Boosting Productivity / Coaching / Defining Key Sales Roles / Defining Management Roles / Managing Effectively / Hiring / Reducing Turnover /Running Effective Sales Meetings /Setting Expectations Project Management: Understand project management to deliver value on time and under budget. Plan Project work and estimate time and cost / Master people -management and team -building skills Marketing Management/Analyzing Competitors and Customers: Understand competitor analysis, explore marketing objectives, analyze the company's marketing strategy, and apply knowledge of different marketing methods. COURTNEY'S COURAGE/TEE-UP FOR TOTS President; Board of Director Q999-Present) Oversee finances and day-to-day direction of the organization. Collaborate with Hospitals, Physicians, and Healthcare Professionals, responsible for motivating and managing a team of 15 Board Members. 2K2LLC; Tucson, AZ Owner ........................................................................................................................................................................................................................................................................................................................................................................................ Started a new joint venture, a family haircut chain (DBA: Sports Buzz Haircuts). Responsible for all aspects of the business, including site selection, marketing, personnel, business planning, communications, and budgeting. Sold for Profit COMTEK PAGING & CELLULAR; Tucson, AZ Founder/Owner ........................................................................................................................................................................................................................................................................................................................................................................................ Responsible for the business plan, budget oversight, site selection, personnel, operations, marketing, customer service, bookkeeping, problem -solving, and communications. Grew from one location to six locations in 4 years. Increased annual revenues from $0 to $1.5 Million. Sold for Profit Marana Town Council Regular Meeting Agenda Packet Page 141 of 161 February 20, 2024 �o Board and Commission Submitted On: � Application Jan 2, 2024, 10:58AM EST MARANA AZ ESTABLISHED 1977 Town Clerk Board or Commission Marana Health Care Benefits Trust Board Please upload your resume Tamera Bhatti 2023 resume for Marana .docx here. - First Name Tamera Last Name Bhatti Email Full Address Street Address: C ity: State. Zip: How many years have you lived 8 years at this address? How many years have you lived Arizona in Pima or Pinal County? Phone Number (Daytime) Phone Number (cell or home) Occupation Employer What are some of the most important concerns or issues related to employee benefits that you think the Town will have to face in the near future? Please describe your HR Executive MHC Healthcare Employee benefits are a very important part of total compensation. The city may face challenges that include rising healthcare costs, and managing employee expectations. experience in the field(s) of I bring 25 years of HR leadership experience and an MBA to this role. finance, employee benefits, I have selected and managed healthcare programs, led all facets of health care, human resources, HR and have experience working in financial analysis. and/or risk management Describe your experience working with a Council- This would be my first experience working in this environment appointed board or commission If appointed by the Council you will be representing all of the I will maintain objectivity, by utilizing standard business decision Town of Marana in your decisions. Describe how you making practices which include accurately identifying problem and will maintain our objectivity in 0 "� ' the best r�ative that serves y y the interestbddr e2�wn of Marana making decisions for locations other than your own residence. Full Name First Name: Josh Last Name: Carzoli Full Address Relationship Phone Number Full Name Full Address Relationship Phone Number Phone Number Name of Business Person with Interest Type of Interest Additional Information CEO, Marana Health, (my direct supervisor) First Name: Tamie Last Name: Olson Street Address: C ity: State: Zip: Peer at MHC Healthcare (CFO) None None None Have any of the above businesses conducted any business (e.g. supplier of goods No or services, contractor, consultant) with the Town of Marana in the past 24 months? If Yes, please explain Are you, a relative, or any member of your household an No employee of the Town of Marana? If Yes, please explain List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct None economic interest such as a partnership, joint venture or similar business relationship? Signature Data First Name: Tamera Last Name: Bhatti E m a i I AckdVe5 $6 e ruary Page 143 of 161 Signed at: January 2, 2024 10:53am America/New-York Full Date Month: 1 Day: 2 Year: 2024 Marana Town Council Regular Meeting Agenda Packet February 20, 2024 Page 144 of 161 Tamera Millington Bhatti, BA, MBA, SPHR HR Executive Summary As an HRbusiness leader with over twenty five years' experience, Ihave developed organization wide workforce strategies that optimize HRoperations, reduce operating expenses, enhance leadership capabilities, and create a workplace where people want to be. MHC Healthcare Oct 2023 - Present Chief People Officer Lead HR team responsible for supporting healthcare operations, developing leaders and creating a great place to work. TMC May 2022 — present Director, Human Resources Reporting to the Sr VP HR I developed and implemented programs that reduced turnover, increased employee engagement and leadership competencies for this S,000 employee organization. Led Employee Relations (HR Partners) Training and Development, Compensation, Employee Heath. Partnered with our C-suite leaders to creatively solve business problems. • Lead HR team that supports approximately 300 employee relations cases monthly. Reduced number of wrongful discharge and unemployment claims by 15% by training managers to use just culture and principles of organizational justice. • Lead annual employee survey with 79% employee participation. Lead strategy around increased employee engagement reduced turnover by 5% from previous year. • Lead and administer compensation program for 5,0000 employees. Developed market strategy that allowed us to win more market share employees. • Launched an "Employee Focused Culture" program designed to enhance the employee experience and stabilize turnover. Gained support and budget for program that will develop two hundred leaders over three years and create a work environment supported by great leaders. This program contributed to a 5% drop in turnover from previous year. VP Human Resources (Head of HR) SUNQUEST INFO SYSTEMS, A ROPER TECHNOLOGY COMPANY 2018 — MAY 2022 Marana Town Council Regular Meeting Agenda Packet Page 145 of 161 February 20, 2024 Reporting to the CEO, responsible for building culture, setting the people agenda, and leading people operations in this international organization spanning, US, UK, EU, India Australia, and Dubai. • Developed and implemented a comprehensive international people plan to become employer of choice. Reduced turnover by 50% (from 25% to 12%) increased employee satisfaction (59th to 71st percentile) and contributed to the enhancement of EBITDA results over three years (increased by twelve points) in three years. Established ex- patriate process and systems to support international expansion. • Led three UKG module implementations, providing manager and employee self-service, Restructured HR organization to include COE and HR Partner model. Developed and implemented major process and system changes that reduced HR headcount by 38%. Significantly increased employee and leader satisfaction with HR service delivery. • Analyzed and overhauled $60 million multinational total compensation program. Identified pay disparity and developed and implemented updated compensation strategy that included base, sales, incentive and on the spot pay incentives. Developed talent strategies to compete in challenging India labor market. All this contributed to a significant drop in turnover identified above. • Launched various ERGS to support LGBTQ+, Diversity and Inclusion and Women in the workplace. Conducted OHA (organizational health assessment), designed to rebalance headcount, redesign process, and make the organization a better place to work. • Developed and delivered succession plan tools that identified organizational competency gaps and provided guidance in closing talent gaps. • Led international training and development, career development and mentorship programs as well as leading new employee on boarding, development programs including Crucial Conversations, Udemy and Docebo on demand training. • Developed and implemented new 9 box and 4 box talent management process that identify successors for key roles in organization. CHRO BANNER HEALTH UNIVERSITY MEDICAL GROUP (TUCSON AND PHOENIX) 2016 — 2017 Led major medical group integration between U of A and Banner Health supporting three major hospitals in Tucson, and Phoenix, AZ • Led employee engagement efforts and annual survey team; Increased engagement 15% in first year. • Led compensation redesign that added a variable pay for performance component for physicians. Resulted in 42% improvement in chart closures which enable organization to bill patients for all services they received. This increased patient revenue by approximately $8 million in just the first year. • Led HR team in employee relations investigations and resolutions. Worked to develop fair and equitable "just culture" that increased employee engagement. Identified trends in employee relations work and developed training and coaching to enhance leadership capabilities. Coached leaders and employees to resolve disputes and discuss differences. Marana Town Council Regular Meeting Agenda Packet Page 146 of 161 February 20, 2024 • Led succession planning and talent management process that identified key vulnerabilities and developed strategies for growing talent internally. Senior Systems Director, Human Resources and Organizational Development PEACEHEALTH I VANCOUVER, WA I HEALTHCARE 2012 — 2015 As HR leader for the System Services organization that supports 2,200 headquarter staff, collaborated with senior leaders to identify organizational improvement opportunities and HR interventions that sustain cultural values and support financial goals. Lead HR Partners, OD, and Change Management Consultants. • Led cross functional team that implemented major HRIS projects including TALEO and KRONOS workforce analytics for 16,000 employees. This enabled the organization to obtain real time workforce metrics and improve decision quality. • Managed annual salary and performance appraisal process meeting budget and timeline goals. • Developed 9 box talent assessment process used throughout the organization. This process provided a candid look into existing talent and shaped developmental efforts throughout the organization. • Led organizational assessment, and span of control work that reduced expenses by $10 million annually and increased efficiencies across the organization. Additional Human Resources Leadership positions • Frontier Communications —Manager, HR, and Training • Time Warner Telcom —Director Training and OD • Lee Hecht Harrison (DBM) - Director Community engagement: YWCA Compensation Committee Chair I United Way Chair I Volunteer HR Consultant, Humane Society) Community Advocate, Food Bank for SW Washington I In school facilitator, Junior Achievements Education, Certifications, Training MBA, Louisiana State University BA, Portland State University SPHR Marana Town Council Regular Meeting Agenda Packet Page 147 of 161 February 20, 2024 A6� C----* MARANA AZ E STAB L IS HE D 1 9 7 7 Council -Regular Meeting Meeting Date: 02/20/2024 To: Mayor and Council Submitted For: Jing Luo, Water Director From: Asia Philbin, Water Resources Coordinator Date: February 20, 2024 Strategic Plan Focus Area: Proactive Public Services /:ri 1 Subject: Resolution No. 2024-019: Relating to Water; approving and authorizing the Mayor to sign a purchase and sale agreement for long term storage credits with the Tohono O'odham Nation (Jing Luo) Discussion: This water resource acquisition agreement with the Tohono O'odham Nation (the "Nation") results from the recommendations of the town's ten-month Water Resource Acquisitions Task Force, whose work concluded in April 2023. The Task Force was established as part of the Integrated Water Resources Planning Project to assess the Town's water resource needs and develop a cost-effective strategy to meet those needs. A status report and preliminary recommendations were presented at the 2023 Council Retreat. The Task Force provided a framework for assessing and prioritizing potential acquisitions, including the purchase of long-term storage credits (LTSCs). Following the Town's Letter of Intent submitted to the Nation in August 2023, the Tohono O'odham Nation Legislative Council approved the proposed Purchase and Sale Agreement on January 16, 2024. The terms of the agreement provide for the purchase and sale of 12,000 acre-feet of long-term storage credits (LTSC) currently held by the Nation, for a purchase price of $400.00 per credit, totaling $4,800,000.00. These LTSCs, earned by storing Central Arizona Project (CAP) water in proximity to Marana Water's service area, are an environmentally sound water supply that will allow the Town to meet its goals of maximizing the use of renewable supplies and helping to attain the aquifer management goal of safe yield. In recent years, the price of LTSCs has increased Marana Town Council Regular Meeting Agenda Packet Page 148 of 161 February 20, 2024 significantly due to shortages in both CAP delivery and the overall water credit market. It is anticipated that the price of LTSCs will continue to increase in the foreseeable future. Therefore, this LTSC purchase at this time is considered timely and cost-effective. The proposed Purchase and Sale Agreement also includes terms of protection for the Town and the Nation to ensure that the transaction is approved by the Arizona Department of Water Resources (ADWR) and reflected in the Town's long-term storage account after the Town makes full and timely payment for the purchase. If the proposed Purchase and Sale Agreement is approved by the Town Council, the transfer of the credits is anticipated to be completed by the end of March. Financial Impact: Fiscal Year: 2024 Budgeted Yes Y/N: Amount: $4,800,000.00 This expense is budgeted under Renewable Resources (51690000) Capital Expenditures for Project WT066 (Water Resource Aquisitions). Staff Recommendation: Staff recommends approval of Resolution No. 2024-019. Suggested Motion: I move to adopt Resolution No. 2024-019, approving and authorizing the Mayor to sign a purchase and sale agreement for long term storage credits with the Tohono O'odham Nation. Attachments Resolution No. 2024-019 Exhibit A - LTSC Purchase Sale Agreement Marana Town Council Regular Meeting Agenda Packet Page 149 of 161 February 20, 2024 MARANA RESOLUTION NO.2024-019 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE AND SALE AGREEMENT FOR LONG TERM STORAGE CREDITS WITH THE TOHONO O'ODHAM NATION WHEREAS the Tohono O'ohdam Nation, a federally recognized Indian Tribe, and the Town of Marana, an Arizona municipal corporation, have negotiated and desire to enter into a Purchase and Sale Agreement for Long Term Storage Credits, pursuant to which the Town will purchase 12,000 acre-feet of long-term storage credits from the Nation for a purchase price of $4,800,000.00; and WHEREAS the Mayor and Council find that the terms and conditions of the agreement are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Purchase and Sale Agreement for Long Term Storage Credits between the Tohono O'ohdam Nation and the Town of Marana, 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 Towri s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of February, 2024. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: David L. Udall, Town Clerk Jane Fairall, Town Attorney Resolution No. 2024-019 Marana Town Council Regular Meeting Agenda Packet Page 150 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 PURCHASE AND SALE AGREEMENT FOR LONG TERM STORAGE CREDITS This Purchase and Sale Agreement is made this day of , 2024, (the "Effective Date"), between and among the Town of Marana, Arizona ("Marana"), an Arizona municipal corporation, and the Tohono O'odham Nation ("Nation"), a federally recognized Indian Tribe. RECITALS A. Marana desires to purchase Long -Term Storage Credits developed by the Nation pursuant to Arizona Revised Statutes Title 45, Chapter 3.1, for the benefit of Marana's designated water service area. B. The Nation is willing to sell and transfer certain Long -Term Storage Credits to Marana under the price, terms and conditions set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, and intending to be legally bound, the parties hereby agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms, when capitalized, shall mean: 1. "ADWR" means the Arizona Department of Water Resources. 2. "Agreement" means this Purchase and Sale Agreement for Long -Term Storage Credits. 3. "Long -Term Storage Credit" is as defined in Arizona Revised Statutes § 45-802.01(12). 4. "Long -Term Storage Credit Transfer Form" is a form, approved by ADWR, to effectuate the assignment of Long -Term Storage Credits, as defined in Arizona Revised Statutes § 45-854.01(B), and more specifically described in Article 3 below. 5. "Marana" means the Town of Marana, Arizona. 6. "Marana's Account" means (i) the long-term storage account established pursuant to Arizona Revised Statutes § 45-859.01 for the Tucson Active Management Area (Account No. 70- 411220.0000). 1 Marana Town Council Regular Meeting Agenda Packet Page 151 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 7. "Nation" means the Tohono O'odham Nation. 8. "Nation's Long -Term Storage Account(s)" means the Long -Term Storage account established pursuant to Arizona Revised Statutes § 45-852.01 in Nation's name in the Tucson AMA (Account No. 70-084101.0000). ARTICLE 2 PURCHASE OF LONG-TERM STORAGE CREDITS 2.1 Sale and Purchase. Subject to the terms and conditions of this Agreement, the Nation agrees to sell, transfer and assign and Marana agrees to purchase, accept and pay for 12,000 acre-feet of Long -Term Storage Credits as set forth in Exhibit A. 2.2 Type of Water. It is the intent of the parties that all Long -Term Storage Credits purchased and sold under this Agreement shall retain the identity of the source of water used to generate such Long -Term Storage Credits. 2.3 Long -Term Storage Credits. The Long -Term Storage Credits to be sold by the Nation were stored at the underground storage facility(s), under the ADWR Facility Permit and ADWR Water Storage Permit set forth in Exhibit A hereto. 2.4 Purchase Price. The Purchase Price for the Long -Term Storage Credits to be transferred pursuant to this Agreement is $4,800,000. The per -credit price for Long -Term Storage Credits to be transferred pursuant to this Agreement is $400. ARTICLE 3 TIME AND MANNER OF TRANSFER 3.1 Long -Term Storage Credit Transfer Form. To evidence the transfer of Long -Term Storage Credits, the Nation shall complete, sign and deliver the Long -Term Storage Credit Transfer Form to Marana within 20 business days of full execution of this Agreement. A copy of the Long -Term Storage Credit Transfer Form is attached as Exhibit B to this Agreement. After the Nation has executed and delivered the Long -Term Storage Credit Transfer Form to Marana, Marana shall sign and deliver the fully executed Long -Term Storage Credit Transfer Form to ADWR within 20 business days. 3.2 Additional Actions and Documentation. Marana shall pay any administrative fees established by ADWR to effectuate the transfer of the Nation's Long -Term Storage Credits into Marana's Account. The parties shall cooperate to take such further actions and execute such further documents as may be determined by either party to be necessary or advisable in order to complete the transfer of the Long -Term Storage Credits contemplated by this Agreement. 2 Marana Town Council Regular Meeting Agenda Packet Page 152 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 ARTICLE 4 COMPLETION OF DELIVERY AND PAYMENT 4.1 Completion of DeliverX Delivery of the Long -Term Storage Credits to be transferred pursuant to this Agreement shall be deemed complete when ADWR notifies Marana in writing that ADWR has received and accepted the Long -Term Storage Credit Transfer Form and intends to transfer the Long -Term Storage Credits from the Nation's Long -Term Storage Account to Marana's Account ("ADWR Acceptance"). Marana and the Nation shall cooperate with ADWR to facilitate completion of such transfer by ADWR. 4.2 Payment. Marana shall pay the Nation the full purchase price amount pursuant to Article 2.4 above, no later than 20 business days after ADWR Acceptance. ARTICLE 5 REJECTION OR INVALIDATION OF TRANSFER 5.1 Rejection or Invalidation of Transfer. If ADWR, pursuant to Arizona Revised Statutes § 45-854.01(C), rejects or invalidates any transfer or assignment of Long -Term Storage Credits made hereunder before Marana has paid for such Long -Term Storage Credits, Marana shall not be obligated to pay for the number of Long -Term Storage Credits affected by such rejection or invalidation. If such rejection or invalidation occurs after payment has been made by Marana, the Nation shall refund an amount equal to the number of Long -Term Storage Credits affected by such rejection or invalidation times the price per acre-foot for the affected Long -Term Storage Credits, as such price is established in Article 2.4 above. The Nation shall refund such amount within 30 business days after either Marana or the Nation receives any notice of rejection or invalidation from ADWR. Marana shall transfer and assign back to the Nation the number of credits affected by any such rejection or invalidation. The Nation's obligation to refund any payments under this Article 5 shall expire 30 calendar days after ADWR has issued a non -appealable final agency decision approving the transfer and assignment of the Long -Term Storage Credits into Marana's Account. The Parties' rights and obligations under this Article 5 shall remain in full force and effect, and shall survive termination of this Agreement for purposes of addressing a circumstance where ADWR rejects or invalidates any transfer of Long -Term Storage Credits made hereunder. ARTICLE 6 EFFECTIVE DATE AND TERM 6.1 Effective Date and Term. This Agreement shall be effective as of the date it has been executed by both parties hereto, which date is set forth in the introductory paragraph of this Agreement (the "Effective Date"). This Agreement shall stay in effect until all provisions under the Agreement have been met unless terminated earlier in accordance with Article 7. 3 Marana Town Council Regular Meeting Agenda Packet Page 153 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 ARTICLE 7 REPRESENTATIONS, DEFAULT AND REMEDIES 7.1 Representations and Warranties. The parties hereby represent and warrant as follows: 7.1.1 The persons signing on behalf of their respective parties below have the authority to enter into this Agreement and bind their respective parry to its terms. 7.1.2 The Nation has not previously alienated, assigned, transferred, pledged to a Certificate of Assured Water Supply or a Designation of Assured Water Supply, or otherwise encumbered the Long -Term Storage Credits, and Marana shall have free and unrestricted use of the same in accordance with applicable law. 7.1.3 The Nation shall take no action to sell, convey, transfer or assign any long-term storage credits to any other party that would diminish the long-term storage credits in the Nation's Long -Term Storage Account(s) below 12,000 acre-feet at any time during the calendar years 2023 and 2024 until the transaction contemplated under this Agreement is finalized or this Agreement otherwise terminates by its own terms. 7.2 Default. The occurrence of any of the following events constitutes an event of default by a party to this Agreement: 7.2.1 The failure of either party to perform any term, covenant, or condition of this Agreement, if that failure continues for 30 days following the receipt of written notice from the other parry. 7.2.2 (i) The filing by or against either party of a petition to have the party adjudged as bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against a party, the same is dismissed within 60 days); (ii) the making by a party of any general assignment for the benefit of creditors; (iii) the appointment of a trustee or receiver to take possession of substantially all of the party's assets, when possession is not restored to the party within 60 days; or (iv) the attachment, execution, or other judicial seizure of substantially all of a party's assets, where such seizure is not discharged within 60 days. 7.3 Remedies. If an event of default occurs, the non -defaulting parry may immediately terminate this Agreement by written notice to the defaulting parry and/or may pursue any other rights available to it in law or equity consistent with the limitations included in paragraph 8.2, infra. The obligation of the defaulting party to pay any amounts due but unpaid as of the date of termination under this provision shall survive such termination. ARTICLE 8 MISCELLANEOUS PROVISIONS 4 Marana Town Council Regular Meeting Agenda Packet Page 154 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 8.1 Interpretation. This Agreement is governed by and must be construed and interpreted in accordance with and in reference to the laws of the State of Arizona, without regard to its conflicts of laws provisions. Any action to resolve any dispute regarding this Agreement shall be taken in a state court of competent jurisdiction located in Pima County, Arizona. 8.2 Sovereign Immunity. The Nation hereby provides a limited waiver of sovereign immunity for the purpose of resolving any dispute that arises out of this Agreement. Nothing in this limited waiver shall be deemed to waive the Nation's immunity from suit except as to a case/claim brought by Marana sounding in contract alleging a breach of this Agreement. Damages as to the Nation are limited to direct contractual damages and shall not include speculative, consequential or punitive damages. The Nation's Attorney General is authorized to accept service on behalf of the Nation. 8.3 No Third -Party Beneficiaries. This Agreement is solely for the benefit of the parties and does not create, nor shall it be construed to create, rights in any third parry unless expressly provided herein. No third party may enforce the terms and conditions of this Agreement. 8.4 Amendments. This Agreement may be modified, amended or revoked only by the express written agreement of the parties hereto. 8.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and no understandings or obligations not expressly set forth in this Agreement are binding upon the parties. 8.6 Waiver. No delay in exercising any right or remedy shall constitute a waiver unless such right or remedy is waived in writing signed by the waiving party. A waiver by any party of any right or remedy hereunder shall not be construed as a waiver of any other right or remedy, whether pursuant to the same or a different term, condition or covenant. 8.7 Captions. All captions, titles, or headings in this Agreement are used for the purpose of reference and convenience only and do not limit, modify, or otherwise affect any of the provisions of this Agreement. 8.8 Rules, Regulations and Amendment or Successor Statutes. All references in this Agreement to the Arizona Revised Statutes include all rules and regulations promulgated by ADWR under such statutes and all amendment statutes and successor statutes, rules, and regulations to such statutes, rules, and regulations. 8.9 Conflicts of Interest. The parties to this Agreement are hereby notified of A.R.S. § 38-511. 8.10 Severability. The provisions of this Agreement are severable to the extent that if any provision is held unenforceable under applicable law, the remaining provisions of the Agreement shall remain in effect, if the intent of the Agreement can be accomplished. 5 Marana Town Council Regular Meeting Agenda Packet Page 155 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 8.11 Indemnification. Each parry to this Agreement is independently responsible in the event of its own negligence. Neither party agrees to indemnify the other party. 8.12 Notices. Except as otherwise required by law, any notice given in connection with this Agreement must be in writing and must be given by personal delivery, overnight delivery, or United States certified or registered mail. Any such notice must be addressed to the appropriate party at the following address (or at any other address as a parry may hereafter designate by written notice given as required by this paragraph): TOWN OF MARANA: For U.S. Mail use: Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 Attn: Town Manager TOHONO O'ODHAM NATION: For U.S Mail use: Tohono O'odham Nation P.O Box 837 Sells, Arizona 85634 Attn: Attorney General Notice is deemed to have been given on the date on which notice is personally delivered, delivered to an overnight delivery service, or mailed. Notice is deemed to have been received on the date on which the notice is actually received or delivery is refused. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first set forth above. TOWN OF MARANA, an Arizona municipal corporation. Ed Honea, Mayor ATTEST: David L. Udall, Marana Town Clerk TOHONO O'ODHAM NATION, a federally recognized Indian tribe. 6 Marana Town Council Regular Meeting Agenda Packet Page 156 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 By: Verlon M. Jose Its: Chairman APPROVED AS TO FORM � ' I , Howard M. Shanker, Attorney General 7 Marana Town Council Regular Meeting Agenda Packet Page 157 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 EXHIBIT A to Purchase and Sale Agreement for Long Term Storage Credits LONG-TERM STORAGE CREDITS Facility Name ADWR Facility ADWR Water ADWR Long -Term Credits Water Permit No. Storage Permit No. Storage Account No. (AF) Source Lower Santa 71-561366.0006 73-561366.1300 70-084101.0000 12,000 CAP Cruz USF 8 Marana Town Council Regular Meeting Agenda Packet Page 158 of 161 February 20, 2024 Exhibit A to MaranFkpfMipp B o. 2024-019 to Purchase and Sale Agreement for Long Term Storage Credits ADWR LONG-TERM STORAGE CREDIT TRANSFER FORM A.R.S. §45-854.01 ARIZONA DEPARTMENT OF WATER RESOURCES Water Planning & Permitting Division I I10 West Washington St., Suite 310 Phoenix, Arizona 85007 Telephone (602) 771-8599 Fax (602) 771-8689 LONG-TERM STORAGE CREDIT TRANSFER FORM For Official Use Only A.R.S. § 45-854.01 DATE RECEIVED: The fee for a Long -Term Storage Credit Transfer is $250.00 per water storage transfer. Only one transaction may be requested per form. Payment may be made by cash, check, or credit card.. Checks should be made payable to the Arizona Department of Water Resources. Failure to enclose the fee will cause the form to be returned. Fees for a Long -Term Credit Transfer are authorized by A.A.C. R12-15-104. [FOR ASSIGNOR) Name of Assignor Long -Term Storage Account No. Contact Person/Telephone Number Facility Permit Number (where source water was stored) Mailing Address Water Storage Permit Number (authority to store source water) City/State/Zip Email Number of long-term storage credits (in acre-feet) transferred by type(s) of water and year credits were earned. Type: acre-feet year earned Type: acre-feet year earned IFORASSIGNEE) If the transfer includes long-term storage credits earned from the storage of Central Arizona Project (CAP) water in an Active Management Area (AMA), please state: Name of Assignee 1. The date of Assignee's formation (if Assignee is a legal entity): Contact Person/felephone Number 2. The amount of groundwater withdrawn by Mailing Address Assignee in the AMA during the calendar year that the credits were earned: City/State/Zip a. The groundwater right number(s) the Assignee withdrew the groundwater Email pursuant to: Long -Term Storage Account No. (if any) Required Signature Block is on Page 2 Page I of 2 Revised 112020 9 Marana Town Council Regular Meeting Agenda Packet Page 159 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 Pursuant to A.R.S. § 45-854.01(C), the director of the Arizona Department of Water Resources may reject and invalidate any assignment of long-term storage credits in which the stored water would not have met the requirements for long-term storage credits as prescribed by A.R.S. § 45-852.01 if the assignee had stored the water. The undersigned hereby certify, under penalty of pedury, that the information contained in this report is, to the best of their knowledge and belief, correct and complete and that they are authorized to sign on behalf of the party for whom their signature appears. Authorized Signature for Assignor DATE Authorized Signature for Assignee DATE Title Tide NOTICE A.R.S. § 41-1030(B), (D), (E) and (F) provide as follows: B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. This section may be enforced in a private civil action and relief may be awarded against the state. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section. E. A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the agency's adopted personnel policy. F. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02. Page 2 of 2 Revised 112020 10 Marana Town Council Regular Meeting Agenda Packet Page 160 of 161 February 20, 2024 Exhibit A to Marana Resolution No. 2024-019 11 Marana Town Council Regular Meeting Agenda Packet Page 161 of 161 February 20, 2024