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Home My WebLink About06-25-2024 Special Council Meeting Agenda PacketMARANA AZ E STAB L IS HE D 1 9 7 7 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, June 25, 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 June 25, 2024, at or after 6:00 PM located in the Second Floor Conference Center 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 Special Meeting Agenda Packet Page 1 of 68 June 25, 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 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. SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS Marana Town Council Special Meeting Agenda Packet Page 2 of 68 June 25, 2024 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. 2024-067: Relating to Economic Development; approving and authorizing the Mayor to execute a Funding Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2024-2025 to support operation of the Marana Visitor Center and provision of services to the Marana community (Libby Shelton) C2 Resolution No. 2024-068: Relating to Elections, approving and authorizing the Mayor to sign the first amendment to the Intergovernmental Agreement Between The Town of Marana and Pima County For Election Services (David L. Udall) C3 Resolution No. 2024-069: Relating to the Police Department; approving and authorizing the Mayor and the Police Chief to execute an intergovernmental agreement between local agencies regarding the Pima County Sheriff's Department Motorola Flex Spillman System (Libby Shelton) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Facilities; presentation providing an update on the Town of Marana Facilities Master Plan; discussion and possible direction regarding prioritization of future Town facilities projects (Andrea De La Cruz) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. Marana Town Council Special Meeting Agenda Packet Page 3 of 68 June 25, 2024 E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Town Council Special Meeting Agenda Packet Page 4 of 68 June 25, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Special Meeting C1 Meeting Date: 06/25/2024 To: Mayor and Council Submitted For: Curt Woody, Director of Economic Development and Tourism From: Libby Shelton, Deputy Town Attorney Date: June 25, 2024 Strategic Plan Focus Area: Thriving Commerce Subject: Resolution No. 2024-067: Relating to Economic Development; approving and authorizing the Mayor to execute a Funding Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2024-2025 to support operation of the Marana Visitor Center and provision of services to the Marana community (Libby Shelton) Discussion: The Marana Chamber of Commerce was established in 1987 with a vision to "Build Business and Community Relationships." The Chamber's mission is for staff and members to work collaboratively with all industries and levels of government to build a balance between economic growth and quality of life in our community. For many years, the Town and the Chamber have worked collaboratively to promote economic development and commerce in the Town of Marana, with the Town providing annual funding to the Chamber for these purposes pursuant to a funding agreement approved by Council. Under the proposed agreement for FY 24-25, the Town will provide $70,000 in funding for the Chamber's operation of the Marana Visitor Center and for other activities undertaken by the Chamber pursuant to the agreement. Under the agreement, the Chamber will: 1.Operate the Marana Visitor Center during established business hours of 9:00 AM - 4:00 PM, Monday through Thursday and 9:00 AM-12:00 PM, on Friday, observing regular holidays, and will comply with all regulations established by the Arizona Marana Town Council Special Meeting Agenda Packet Page 5 of 68 June 25, 2024 Office of Tourism for the operation of Local Visitor Information Centers. The Chamber and Town will also collaborate on finding ways to improve the Visitor Center's appearance and experience, and in finding volunteer staffing for the Center. 2. Provide a link to the Town's tourism website for visitor information. 3. Include the Discover Marana logo on the Chamber's sponsor's list and tourism materials. 4. Provide opportunities, as requested, for representatives of the Town to address the Marana community. These opportunities may be as part of another event organized by the Chamber, including Chamber networking breakfasts, Quarterly Business Connection lunches, community and regional updates, legislative and economic development briefings, or other similar events. 5. Produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. The Town may request up to 2,500 maps and directories from the Chamber for the Town's own distribution. Town will have option to submit tourism content (3-4 page spread) in the annual guide. 6. Coordinate with the Town Manager's office staff to organize and execute the "State of the Town' event to provide Town officials the opportunity to address the community on current affairs. 7. Partner with the Town to promote tourism, including participating in any tourism development initiatives organized and implemented by the Town and the Town's Tourism Master Plan. 8. Partner with the Marana Film Office on events and activities to promote the film industry in the Town. The Chamber will monitor and report quarterly on progress in each of these categories. The term of the agreement is one year, expiring on June 30, 2025. Financial Impact: Fiscal Year: 2025 Budgeted Y/ N: Y Amount: $70,000 The amount of $70,000 is budgeted in the Bed Tax Fund and remains unchanged from the previous year. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2024-067, approving and authorizing the Mayor to execute a Funding Agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2024-2025 to support the operation of the Marana Visitor Center and provision of services to the Marana community. Marana Town Council Special Meeting Agenda Packet Page 6 of 68 June 25, 2024 Attachments Resolution No. 2024-067 Exhibit A to Resolution Marana Town Council Special Meeting Agenda Packet Page 7 of 68 June 25, 2024 MARANA RESOLUTION NO.2024-067 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA CHAMBER OF COMMERCE, INC. FOR FISCAL YEAR 2024-2025 TO SUPPORT OPERATION OF THE MARANA VISITOR CENTER AND I�Z��f[.�C��[�7�y�1�i�1C��IC�]IYa�t•I:�7:�/:��L� a ►71i�[iJ�i�11'� WHEREAS Thriving Commerce is a focus area of the Town's Strategic Plan and has a goal to expand Marana's thriving tourism industry by promoting its heritage, cultural resources, scenic open spaces, and signature events; and WHEREAS to achieve this goal, the Town seeks to enhance visitor experiences and partner with stakeholders to promote Marana's entertainment, recreation, sports and cultural events, and hospitality venues; and WHEREAS the Marana Chamber of Commerce operates the Marana Visitor Center and provides other services to the Town and the community; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for FY 2024-2025 in substantially the form set forth on Exhibit A attached to and incorporated within this resolution by this reference is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the 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 funding agreement. Resolution No. 2024-067 1 Marana Town Council Special Meeting Agenda Packet Page 8 of 68 June 25, 2024 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 25th day of June, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Resolution No. 2024-067 2 Marana Town Council Special Meeting Agenda Packet Page 9 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 FUNDING AGREEMENT MARANA CHAMBER OF COMMERCE, INC. THIS FUNDING AGREEMENT ("Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ("Town") and the MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c) (6) nonprofit corporation ("Chamber"). The Town and Chamber are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. Thriving Commerce is a focus area of the Town's Strategic Plan and has a goal to expand Marana's thriving tourism industry by promoting its heritage, cultural resources, scenic open spaces, and signature events. To achieve this goal, the Town seeks to enhance visitor experiences and partner with stakeholders to promote Marana's entertainment, recreation, sports and cultural events, and hospitality venues. B. Chamber is a nonprofit corporation that serves to improve the economic environment for its members and the community as a whole and operates a Visitor Center and provides other services for the community that promote tourism and, therefore, benefit the Town and its residents. C. Town has determined that the general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. D. The Parties acknowledge that tracking Town payments and Chamber outputs and outcomes resulting from Town funding is prudent practice to assure that public funds are appropriately used, and that the public receives the anticipated benefits of the funding. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: Section 1. Funding. Town hereby commits $70,000 of funding from Towri s Fiscal Year 2024-2025 budget to Chamber to assist in funding Chamber's Tourism and Economic Development activities under this Agreement. Section 2. Town Representative. Chamber shall report to and coordinate duties with the Town Manager'S Office staff (the "Town Representatives"). Chamber contract FY 24-25.DOC I Marana Town Council Special Meeting Agenda Packet Page 10 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 Section 3. Outputs. Between July 1, 2024 and June 30, 2025, Chamber hereby agrees to provide the following outputs with Towri s general assistance, funding provided under this Agreement: 3.1. Chamber will operate the Marana Visitor Center during established business hours of Monday through Thursday, 9:00 am to 4:00 pm, and Friday 9:00 am to 12:00 pm, observing regular holidays, and will comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Information Centers. Chamber and Town will collaborate on finding ways to improve the Visitor Center's appearance and experience, and staffing from volunteers. 3.2. Chamber will provide a link on its website to the Town's tourism website for visitor information. 3.3. Chamber will include the Discover Marana logo on the Chamber's sponsor's list and tourism materials. 3.4. Chamber will provide opportunities, as requested, for representatives of Town to address the Marana community. These opportunities may be as part of another event organized by Chamber, including Chamber networking breakfasts, Quarterly Business Connection lunches, community and regional updates, legislative and economic development briefings, or other similar events. 3.5. Chamber will produce and distribute a map of Marana streets and incorporated boundaries and a membership directory/ guide. Town may request from Chamber a maximum of 2,500 maps and 2,500 directories/guide for its own distribution. Town will have the option to submit tourism content (3-4 page spread) in the annual guide. 3.6 Chamber will coordinate with the Town Representatives to organize and execute the "State of the Town" event to provide Town officials the opportunity to address the community on current affairs. 3.6.1 Town will establish the event theme, brand, and the State of the Town presentation. The Towri s established brand package will be delivered to Chamber. Use of brand package shall be approved by Town prior to printing. The Town presentation shall include: speech preparation and coordination with the Mayor and additional speakers, audio/visuals, rehearsals, and final run-through. 3.6.2 Chamber will manage State of the Town event logistics relating to Chamber operations, including sponsorships and table reservations. Chamber shall use the Towri s established brand package across their print deliverable needs (table tents, programs, etc.). Prior to printing, Chamber shall submit print deliverable to Town prior to printing. Chamber contract FY 24-25.DOC 2 Marana Town Council Special Meeting Agenda Packet Page 11 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 3.6.3 Town and Chamber will both market the State of the Town. 3.7 Chamber will partner with Town to promote tourism, including, but not limited to, participating in any tourism development initiatives organized and implemented by Town and the Towri s Tourism Master Plan. Chamber will partner with the Town to develop marketing campaigns to promote local tourism using social media, brochures, and local events. 3.8 Chamber will partner with the Marana Tourism office on events and activities to promote the film industry in Town. Section 4. Payments. Town shall pay Chamber in three installments of $23,333.33 each, once per quarter, except the fourth quarter of Towns fiscal year, upon receipt of a completed Payment Request Form in substantially the form attached as Exhibit A. Section 5. Reporting. Within 15 days after the end of each calendar quarter for which Chamber receives funding under this Agreement or before receiving its next quarterly payment, whichever occurs first, Chamber shall complete and submit to Town a written quarterly report in substantially the form attached as Exhibit B, demonstrating Chamber's progress toward the outputs listed in Section 3 of this Agreement. Town may additionally request a written or oral report from Chamber at any time demonstrating Chamber's progress in complying with each of the outputs listed in Section 3 of this Agreement. Section 6. Required Insurance. Before receiving any payment under this Agreement, Chamber shall deliver to Town one or more certificates of insurance with carriers acceptable to Town evidencing the following minimum coverages for at least the term of this Agreement: 6.1. $1,000,000 per occurrence commercial general liability coverage with Town listed as additional insured. Chamber shall deliver an additional insured endorsement along with the certificate(s) of insurance required by this Section. As an additional insured, Town shall be provided coverage for any liability arising out of operations performed in whole or in part by or on behalf of Chamber. 6.2. $1,000,000 per occurrence business automobile liability (if the Chamber has vehicles) 6.3. $1,000,000 per occurrence directors and officers coverage with Town listed as additional insured. 6.4. State of Arizona minimum workers' compensation coverage 6.5. The coverage requirements specified in this Section may not be changed or modified except by written agreement signed by all Parties. Chamber contract FY 24-25.DOC S Marana Town Council Special Meeting Agenda Packet Page 12 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 Section 7. Corporate Documents. Before receiving initial payment under this Agreement, Chamber shall ensure that copies of the following Chamber documentation, including any and all amendments are on file with Town: 7.1. Articles of incorporation. 7.2. Current bylaws. 7.3. List of current members of Chamber's Board of Directors. 7.4. Current fiscal year's budget approved by Chamber's Board of Directors. 7.5. Internal Revenue Service designation letter. Section 8. Amendments to Insurance and Documentation. True and accurate copies of any amendments during the term of this Agreement to coverages or terms of insurance required by Section 6 above or to Chamber's corporate documentation listed in Section 7 above shall be provided to Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance coverages below the minimums set forth in Section 6 above or that in Towri s reasonable opinion materially affect Chamber"s ability to deliver the outputs set forth in Section 3 above constitute default for which Town may withhold payment until Chamber restores the minimum insurance coverages or restores Chamber's ability to deliver the outputs. Section 9. Default and Dispute Resolution. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non -Defaulting Party') shall be entitled to give written notice in the manner prescribed in Section 11 below to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have 20 days from the date of the notice within which to cure the default. If any default is not cured within 20 days, then the Non -Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 9.1 and 9.2 below. 9.1. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve among themselves, the Parties agree that there shall be a 21-day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Chamber and Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter Town shall (on its behalf and on behalf of Chamber) request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The cost of mediation shall be divided equally Chamber contract FY 24-25.DOC 4 Marana Town Council Special Meeting Agenda Packet Page 13 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 between the mediating Parties. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium period. 9.2. Arbitration. If mediation (paragraph 9.1 above) fails to result in resolution of the dispute, the dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by all Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Section 10. Indemnification. Chamber agrees to defend, save, hold harmless, and indemnify Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from Chamber's errors, omissions, or negligent acts in the performance of activities pursuant to this Agreement. Section 11. Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To Town: TOWN OF MARANA Director of Economic Development and Tourism 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To Chamber: MARANA CHAMBER OF COMMERCE, INC. President and CEO 13251 N. Lon Adams Rd. Marana, Arizona 85653 Chamber contract FY 24-25.DOC 5 Marana Town Council Special Meeting Agenda Packet Page 14 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 Section 12. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by Town or Chamber of the breach of any term of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. Section 13. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. Section 14. Headings. The descriptive headings of this Agreement are inserted to assist in understanding the meaning and construction of this Agreement. Section 15. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. Section 16. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. Section 17. Time Essence. Time is of the essence for purposes of this Agreement. Section 18. No Assignment. Chamber's obligations under this Agreement may not be assigned without the written consent of the Town Manager or designee. Section 19. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Town and Chamber. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. Section 20. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. Section 21. Imposition of Dutby Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. Section 22. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Chamber contract FY 24-25.DOC 6 Marana Town Council Special Meeting Agenda Packet Page 15 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. Section 23. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed by this Agreement. Section 24. Good Standing; Authority. Chamber represents and warrants to Town that it is duly formed and validly existing under the laws of the State of Arizona. Town represents and warrants to Chamber that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. Section 25. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. Section 26. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Section 27. Interpretation. This Agreement has been negotiated by Town and Chamber, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. Section 28. Force Majeure. If any Party is unable to perform under this Agreement by reason of "force majeure," then the failure to perform shall not constitute a default under this Agreement as long as the non -performing Party uses its best effort to remedy with all reasonable speed the event or condition causing the non-performance and performance can be restored within a reasonable amount of time. "Force majeure" means any condition or event not reasonably within the control of a Party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Section 29. Conflict of Interest. This Agreement is subject to A.R.S. § 38511, which provides for cancellation of contracts by government entities in certain instances involving conflicts of interest. Chamber contract FY 24-25.DOC 7 Marana Town Council Special Meeting Agenda Packet Page 16 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 Section 30. Immigration Laws. Chamber warrants that it, and any subcontractor who performs any work for Chamber under this Agreement, will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23214 (A). Chamber acknowledges that pursuant to A.R.S. § 414401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that Town retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. Section 31. Israel Boycott Divestments. Chamber certifies that it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of Israel as defined by A.R.S. §35-393. Section 32. Effective Date; Term. This Agreement is effective on the date of the last Party's signature below and shall automatically terminate and shall thereafter be void for all purposes on June 30, 2025, unless sooner terminated by the mutual consent of the Parties. [SIGNATURE PAGE FOLLOWS] Chamber contract FY 24-25.DOC 8 Marana Town Council Special Meeting Agenda Packet Page 17 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-067 IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. Town: THE TOWN OF MARANA, an Arizona municipal corporation Los Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Chamber: MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c) (6) non-profit corporation By: Printed: Its: Date: Chamber contract FY 24-25.DOC 9 Marana Town Council Special Meeting Agenda Packet Page 18 of 68 June 25, 2024 EXHIBITS A. Payment Request Form B. Quarterly Report Form TOWN OF MARANA EXHIBIT A - PAYMENT REQUEST FORM (FY 2024-2025) Agency/Contractor: Marana Chamber of Commerce, Inc. Project Name: Visitor's Center Operations Prepared by: Name: Authorized by: Authorized Signer Period Reimbursement Requested For: Title: Date: Payment Number: Expenditures This Period: $ + / - Adjustments (Program Income/Other): $ Net Request This Period: $ Line Approved Expenditures Expenditures Item Line Item Description Budget (A) This Period (B) Prior Periods (C) Balance (D) 1. Services Support $ 70,000.00 $ -0- $ -0- $ 70,000.00 2. 3. 4. 5. TOTAL (must total Town of Marana award) $ $ $ $ NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGER APPROVAL: QUARTERLY REPORT RECEIVED:;C YES DATE: 00088699.DOCX /2 Marana Town Council Special Meeting Agenda Packet Page 19 of 68 June 25, 2024 FINANCE APPROVAL: CHECK NUMBER: DATE: All requests for budget changes are required to be submitted in writing and approved by Economic Development and Tourism. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance measures reports may delay the processing of payment requests. 00088699.DOCX /2 Marana Town Council Special Meeting Agenda Packet Page 20 of 68 June 25, 2024 Town of Marana Quarterly Report - Exhibit B Fiscal Year 2024-2025 Name: Marana Chamber of Commerce, Inc. ect: Visitor's Center Projected Annual Performance Outcomes and July 1- September 30 October 1- December 31 January 1- April 1- June 30 Year -to -Date List of Activities with Date Measurement 2024 2024 March 31 2025 2025 Totals Output: The Chamber will produce and distribute 8,000 Membership Directories. Data Source: Chamber records Output: The Chamber will distribute 8,000 Marana maps to area merchants, visitor centers, and attractions. Data Source: Chamber records Output: The Visitor's Center will operate Monday - Thursday, 9:00 am to 4:00 pm, and Friday 9:00 am to 12:00 pm, observing regular holidays. Data Source: Calendar Output: The Visitor's Center will track the number of visitors to the center and aim to increase the 23-24 number by 10% Data Source: Chamber records Output: The Chamber will track the number of tourism -related activities it performs. Data Source: Chamber records 00088699.DOCX /2 Marana Town Council Special Meeting Agenda Packet Page 21 of 68 June 25, 2024 A6� MARANA AZ ESTABLISHED 1 9 7 7 Council -Special Meeting C2 Meeting Date: 06/25/2024 To: Mayor and Council From: David L. Udall, Town Clerk/Assistant Town Attorney Date: June 25, 2024 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2024-068: Relating to Elections, approving and authorizing the Mayor to sign the first amendment to the Intergovernmental Agreement Between The Town of Marana and Pima County For Election Services (David L. Udall) Discussion: In 2022, the Town entered into the Intergovernmental Agreement Between The Town of Marana and Pima County For Election Services, Pima County Contract No. CTN-RE-22*091 (the "Election Services IGA"). The Election Services IGA sets forth the terms and conditions relating to the Pima County Recorder's Office providing election services on behalf of the Town from 2022 through 2024. Article II (Scope of Services) of the Election Services IGA contemplates a Primary Election date held on August 6, 2024. On February 9, 2024, the Governor of Arizona signed HB2785 into law, which, among other things, changed the date of the 2024 Primary Election from August 6, 2024, to July 30, 2024. If approved, the proposed amendment to the Election Services IGA will revise the IGA to account for the change to the 2024 Primary Election date. Staff Recommendation: Staff recommends approval of Resolution No. 2024-068. Suggested Motion: Marana Town Council Special Meeting Agenda Packet Page 22 of 68 June 25, 2024 I move to adopt Resolution No. 2024-068, approving and authorizing the Mayor to sign the first amendment to the Intergovernmental Agreement Between The Town of Marana and Pima County For Election Services. Resolution No. 2024-068 Exhibit A to Resolution Election Services IGA Attachments Marana Town Council Special Meeting Agenda Packet Page 23 of 68 June 25, 2024 MARANA RESOLUTION NO.2024-068 RELATING TO ELECTIONS, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR ELECTION SERVICES WHEREAS A.R.S. §§ 11-251(3),11-951 et seq., 16-172, 16-205(C), 16-405 et seq., and 16-450 authorize Pima County to perform services for any political subdivision regarding elections; and WHEREAS the Town of Marana has prepared for, conducted, and will conduct elections in 2022 through 2024 pursuant to an intergovernmental agreement between the Town and Pima County for election services, Pima County Contract No. CTN-RE-22*091 (the "Election Services IGA"); and WHEREAS Article II (Scope of Services) of the Election Services IGA contemplates a Primary Election date held on August 6, 2024; and WHEREAS on February 9, 2024, the Governor of Arizona signed HB2785 into law, which, among other things, changed the date of the 2024 Primary Election from August 6, 2024, to July 30, 2024; and WHEREAS the Town and Pima County now wish to amend the Election Services IGA to account for the change to the 2024 Primary Election date; and WHEREAS the Mayor and Council find this resolution is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: the first amendment to the Intergovernmental Agreement Between The Town of Marana and Pima County For Election Services (Pima County Contract No. CTN-RE-22*091), 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 amendment. 1 Resolution No. 2024-068 Marana Town Council Special Meeting Agenda Packet Page 24 of 68 June 25, 2024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 25th day of June, 2024. ATTEST: David L. Udall, Town Clerk 2 Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Resolution No. 2024-068 Marana Town Council Special Meeting Agenda Packet Page 25 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-068 PIMA COUNTY CONTRACT NO. CTN-RE-22*091 AMENDMENT NO. 1 This number must appear on all invoices, correspondence and documents pertaining to this contract. INTERGOVERNMENTAL AGREEMENT Between The Town of Marana and Pima County For Election Services The parties agree to amend the above -referenced IGA as follows: Background and Purpose. 1.1. Background. The parties entered into the above referenced agreement on March 15, 2022, to provide the Town of Marana with Election services. 1.2. Purpose. On February 9, 2024, Governor Hobbs signed HB2785. This emergency law changed the date of the 2024 Primary Election to July 30, 2024. 2. ARTICLE II Scope of Services. The parties have revised the Scope of Services as follows: Due to law HB2785, the date of the Primary Election has been changed from August 6, 2024 to July 30, 2024. 3. Counterpart Signatures. This agreement may be executed in counterparts, each of which, when taken together, will constitute one original agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. {91476 / 01207067 / v 11 Page 1 of 2 2022-2024 IGA Pima County R SftP �Qo(§OeGG Meeting Agenda Packet Page 26 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-068 IN WITNESS WHEREOF, the parties hereby have executed this Amendment on this day of , 2024. TOWN OF MARANA PIMA COUNTY BOARD OF SUPERVISORS By: Ed Honea, Mayor ATTEST: By: David Udall, Town Clerk APPROVED AS TO CONTENT: By: AZ Adelita Grijalva, Chair ATTEST: Melissa Manriquez, Clerk of the Board of Supervisors Gabriella Cazares-Kelly, Pima County Recorder The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the Pima County Recorder has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Town of Marana Attorney for the Town of Marana Pima County Daniel Jurkowitz Deputy County Attorney {91476 / 01207067 / v 11 Page 2 of 2 2022-2024 IGA Pima County R SftP �Qo(§OeGG Meeting Agenda Packet Page 27 of 68 June 25, 2024 PIMA COUNTY CONTRACT NO. CTN-RE-22*091 I AMENDMENT NO. This number must appear on all invoices, correspondence and documents pertaining to this contract. INTERGOVERNMENTAL AGREEMENT Between The Town of Marana and Pima County For Election Services This Intergovernmental Agreement (IGA) is by and among THE TOWN OF MARANA OF PIMA COUNTY, ARIZONA, a municipal corporation of the State of Arizona ("the TOWN") and PIMA COUNTY, a political subdivision of the State of Arizona ("the County"), on behalf of the PIMA COUNTY RECORDER ("the Recorder"). RECITALS 1 The TOWN, pursuant to A.R. S. §§ 9-231(A) and 16-204(E) will prepare for and conduct at least four elections: a Primary Election to be held on August 2, 2022. a General Election to be held on November 8, 2022, a Primary Election to be held on August 6, 2024, and a General Election to be held on November 5, 2024, for members of its common council and/or ballot propositions, as well as any other special election called by the common council, if necessary. 2. A.R.S. §§ 11-251(3), 16-172, 16-205(C), 16-405 et seq., 16-450, authorize the County to perform services for any political subdivision regarding elections. 3. The parties are authorized to enter into an intergovernmental agreement pursuant to A.R.S. §§ 11- 952 et seq. and 16-205(C). 4 The TOWN desires to utilize the Pima County registration rolls and other election -related services provided by the Recorder for the Primary Election to be held on August 2, 2022, a General Election to be held on November 8, 2022, a Primary Election to be held on August 6, 2024. and a General Election to be held on November 5, 2024 for members of its common council and/or ballot propositions, including any other special election that may be called by the TOWN during the 2022, 2023, and 2024 consolidated election dates. 5. The TOWN, the County and the Recorder have determined that it is in the best interest of the public for the TOWN to use the services of the Recorder in conducting any elections called between March 15, 2022 and through November 5, 2024. NOW, THEREFORE, the parties hereto agree as follows. The purpose of this IGA is to set forth the duties and responsibilities of the Recorder and the TOWN with respect to primary election, general election and/or any special elections that should occur during the 2022 election cycle through the 2024 election cycle for elections to be held by the TOWN of Marana. ARTICLE I - TERM AND EXTENSION/RENEWAL/CHANGES The term of this IGA shall start March 15, 2022 and end December 31, 2024, and through the completion of all obligations and activities associated with the elections contemplated by this IGA, provided that the term 91476 / 00961678 / v 1 Page 1 of 7 2022-2024 IGA Pima County Recorder Election Services Marana Town Council Special Meeting Agenda Packet Page 28 of 68 June 25, 2024 shall continue through final resolution of any legal challenge to any election within the scope of this IGA. Any modifications or time extension of this IGA shall be by formal written amendment and executed by the parties. Amendments to the Agreement must be approved by the Board of Supervisors, as required by the Pima County Procurement code, before any work or deliveries under the Amendment commences. ARTICLE II — SCOPE OF SERVICES This Agreement establishes the agreement under which the County will provide the TOWN with Election services in accordance with the following: County Recorder Services: The Recorder shall: (1) For only the Primary elections held on August 2, 2022 and on August 6, 2024, all Marana voters that are members of a recognized political party and are on the Active Early Voting List (AEVL) will receive a normal primary ballot that will include all of the non -partisan Marana candidates. (2) For only the Primary elections held on August 2, 2022 and on August 6, 2024, all Marana voters that are not registered with one of the recognized political parties, or are a party not designated registered voter, and are on the AEVL will have the option of choosing one of the following: a. any of the partisan ballots that will include all of the Marana candidates. b a ballot that will have ONLY the Marana candidates on it, e.g. a municipal only ballot. (3) All AEVL voters from Marana will receive a 90-day notice for the Primary election. All non-affiliated AEVL voters from Marana will receive a special 90-day notice letting them know their ballot type options for the Primary election. If the TOWN chooses to conduct a polling place election in March, a 90-day notice will be provided to all AEVL voters within Marana. If the TOWN chooses to conduct an all ballot -by mail special election, regardless of election date, a 90-day notice is not required. (4) Provide Deputy County Recorders for team early voting when necessary for Marana ONLY voters who request a municipal only ballot during the Primary election on August 2, 2022 and August 6, 2024, and for any special election called by the TOWN within the scope of this IGA and will give the TOWN notice of each request for team early voting. (5) Prepare and deliver a single invoice to the TOWN no later than 21 days after the final election date, containing a detailed breakdown of all Recorder costs for these elections. TOWN Obligations: TOWN shall: (1) Notify the Recorder in writing, at least 150 days or at such other time as the parties may agree before any consolidated election date on which the TOWN wants services pursuant to this IGA, detailing the election -related services pursuant to this IGA. (2) Prepare and distribute any requisite translation, printing, and mailing of all publicity pamphlets. (3) Should the election be challenged or questioned for any reason whatsoever, then the TOWN shall be solely responsible for defending, legally or otherwise, said elections. This duty shall survive the expiration of the IGA, provided that the County shall cooperate with the TOWN in making relevant information and witnesses available upon reasonable request. (4) Within 30 days of the date of each invoice, the TOWN shall reimburse the County, in full, for invoiced costs of election materials, supplies and equipment, and personnel required in direct support of the TOWN election, as set forth below. (5) Be responsible for the security of all ballots tabulated by officials and vendors other than Pima County's agents or employees and ensure that any functions performed by TOWN or its outside vendors comply with applicable law and procedures of the Secretary of State. 91476 / 00961678 / v 1 Page 2 of 7 2022-2024 IGA Pima County Recorder Election Services Marana Town Council Special Meeting Agenda Packet Page 29 of 68 June 25, 2024 (6) Arrange for and publish any and all notices of this election as required by law. ARTICLE III — COMPENSATION AND PAYMENT Within thirty (30) days of the date of invoice, TOWN will pay the Pima County Recorder (1) The following charges in item #1 will only apply to any Primary Election ballots provided to unaffiliated Marana Voters who request a Marana ONLY ballot a. Active Early Voting List (AEVL) Ballots $3.00 each b. Non-AEVL ballot requests $5.75 each C. Early Ballot Signature verification $0.75 each d. Satellite Ballots $2.00 each e. Replacement Ballots — By Mail $3.00 each f. Provisional Ballots $16.00 each g. Conditional Provisional Ballots $6.00 each h. Team Voting $60.00 per request i. Problem Ballots Processing & Follow-up $6.00 each (2) Consolidated Election Participation Fee — for each election Per active voter for each election $0.10 each (3) Voter Registration Maintenance Fee- for each election Per Active Voter $0.05 each Per Inactive Voter $0.05 each (4) Computer programming as required for additional voter data at $50.00 per hour, one hour minimum. (5) Costs for special elections calculated based on number of registered voters and the type pf election conducted by the TOWN. Election types the TOWN may choose to conduct are either a Polling Place election or an All Ballot -by -Mail election. (6) Any other costs associated with services provided for the conduct of the Election(s) called during the term of this IGA, regardless of election type conducted, are subject to other applicable election fees, as set forth in Pima County Fee Ordinance 2016-10, which is attached hereto as Exhibit A, or subsequent ordinances amending the Pima County Recorder's Office Fee Schedule. (7) Invoices not paid within 30 days of billing date will accrue interest at the rate of 10% per annum. ARTICLE IV — INSURANCE All parties to this agreement are government entities. Neither entity is required to procure special insurance coverage for their obligations under this IGA. ARTICLE V - 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") arising out of bodily injury of any person (including death) or property damage. but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. ARTICLE VI - COMPLIANCE WITH LAWS The parties shall comply with all 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 91476 / 00961678 / v 1 Page 3 of 7 2022-2024 IGA Pima County Recorder Election Services Marana Town Council Special Meeting Agenda Packet Page 30 of 68 June 25, 2024 Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. ARTICLE VII —WORKERS COMPENSATION Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and such party shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. ARTICLE VIII - ASSIGNMENT The TOWN shall not assign its rights to this Agreement, in whole or in part, without prior written approval of the COUNTY. Approval may be withheld at the sole discretion of COUNTY, provided that such approval shall not be unreasonably withheld. ARTICLE IX - NON-DISCRIMINATION The TOWN shall not discriminate against any County employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this IGA. The TOWN shall comply with the provisions of Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive Order 75-5 and may be viewed and downloaded at the Governor or the State of Arizona's website http://www.azgovernor.gov/dms/upload/EO 2990 90.pdf which is hereby incorporated into this Agreement by reference, as if set forth in full herein. ARTICLE X - AMERICANS WITH DISABILITIES ACT The parties shall comply with 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 C.F.R. Parts 35 and 36. ARTICLE XI - AUTHORITY TO CONTRACT No party warrants to any other party its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that any party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by any party against the other for lack of performance or otherwise. ARTICLE XII - FULL AND COMPLETE PERFORMANCE The failure of either party to insist on one or more instances upon the full and complete performance with any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. 91476 / 00961678 / v 1 Page 4 of 7 2022-2024 IGA Pima County Recorder Election Services Marana Town Council Special Meeting Agenda Packet Page 31 of 68 June 25, 2024 ARTICLE XIII - CANCELLATION FOR CONFLICT OF INTEREST This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated into this Agreement by reference. ARTICLE XIV —TERMINATION FOR NON -APPROPRIATION Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the County Board of Supervisors or the Marana Town Council does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, neither the County, nor the County Recorder shall have any further obligation to the TOWN. In the event that the TOWN cancels, the TOWN shall be liable for any costs already incurred by the County or the County Recorder at the time of the notification of the cancellation. ARTICLE XV - NOTICE Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by personal delivery or by certified mail upon the other party as follows: PIMA COUNTY Gabriella Cazares-Kelly Pima County Recorder 240 N Stone Avenue Tucson, AZ 85701 (520) 724-4356 Fax: (520) 623-1785 TOWN OF MARANA Cherry Lawson, Town Clerk 11555 W. Civic Center Dr. Marana, AZ 85743 (520) 382-1960 Fax: (520) 382-1998 ARTICLE XVI — NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA, or affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. ARTICLE XVII — NO JOINT VENTURE This IGA is not intended to, and this IGA shall not be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer -employee relationship between County or Recorder and any TOWN employees, or between the TOWN and any County employees. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party, including (without limitation) any other party's obligation to withhold Social Security and income taxes for itself or any of its employees. ARTICLE XVIII - 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 at equity or by virtue of this Agreement. ARTICLE XIX — TERMINATION FOR CONVENIENCE Either party may terminate this IGA at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of termination, any real or personal property belonging to either party and furnished pursuant to this IGA, shall 91476 / 00961678 / v 1 Page 5 of 7 2022-2024 IGA Pima County Recorder Election Services Marana Town Council Special Meeting Agenda Packet Page 32 of 68 June 25, 2024 be returned to the furnishing party. Any funds of TOWN paid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to TOWN . ARTICLE XX — LEGAL ARIZONA WORKERS ACT COMPLIANCE The COUNTY and TOWN hereby warrant that they will at all times during the term of this Agreement comply with all federal immigration laws and with the requirements of A.R.S. § 23-214(A) (together the "State and Federal Immigration Laws"). ARTICLE XXI - ENTIRE AGREEMENT This document 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. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties. ARTICLE XXII - COUNTERPART This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this 15 th day of February .2022. PIMA COUNTY BOARD OF TOWN OF MARANA SUPERVISORS By By ,9- son FEB 15 2022 Ed Honea, Mayor Sharon Bronson, Chair ATTEST: ATTEST: By: ` By: _ Cherry Lawson, Town Clerk Meliss nriquez, Clerk of the Board of S!ipervis s APPROVED AS TO CONT�NT: By: �4A ('�A' An abr ells Cazares-Kel y, ima County Re , rder 91476 / 00961678 / v 1 Page 6 of 7 2022-2024 IGA Pima County Recorder Election Services Marana Town Council Special Meeting Agenda Packet Page 33 of 68 June 25, 2024 ARTICLE XX — LEGAL ARIZONA WORKERS ACT COMPLIANCE The COUNTY and TOWN hereby warrant that they will at all times during the term of this Agreement comply with all federal immigration laws and with the requirements of A.R.S. § 23-214(A) (together the "State and Federal Immigration Laws"). ARTICLE XXI - ENTIRE AGREEMENT This document 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. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties. ARTICLE XXII - COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this Z ",day of e , 2022. TOWN OF MAf3Q�fJA By: Ed Honea, Mayor ATTEST:) By: d--- Cherry La o , T wn Clerk APPROVED AS TO CONTENT: M Gabriella Cazares-Kelly, Pima County Recorder PIMA COUNTY BOARD OF SUPERVISORS is Sharon Bronson, Chair ATTEST. is Melissa Manriquez, Clerk of the Board of Supervisors The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the Pima County Recorder has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Town of Marana ne Fairall Town Attorney Pima County Daniel Jurkowitz Deputy County Attorney 00078771.DOC /1 Page 6 of 6 2022-2024 IGA Pima County Meeting Agenda Packet Page 34 of 68 June 25, 2024 The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the Pima County Recorder has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Town of Marana Jane Fairall Town Attorney 91476 / 00961678 / v 1 Page 7 of 7 2022-2024 IGA Pima County Recorder Election Services Pima County le7 Daniel Jurkowitz Deputy County Attorney Marana Town Council Special Meeting Agenda Packet Page 35 of 68 June 25, 2024 EXHIBIT A - IGA Pima County Recorder for 2022-2024 Election Services F. ANN RODRIGUEZ, RECORDER Recorded By: GMS DEPUTY RECORDER 4933 P0230 PIMA CO CLERK OF THE BOARD PICKUP �PO y SEQUENCE: 20160490531 NO. PAGES: 10 ORDIN 02/18/2016 18:00,00 PICK UP AMOUNT PAID: $0.00 ORDINANCE NO.2016- 10 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA ESTABLISHING FEES FOR ELECTION -RELATED SERVICES, VOTER REGISTRATION DATA AND RECORDED DOCUMENT SERVICES PROVIDED BY THE PIMA COUNTY RECORDER. The Board of Supervisors of Pima County Arizona finds that: 1. The Pima County Recorder is authorized pursuant to A.R.S. §§16-172, 16-168(E), I1- 475, and 11-251.08 to charge for election related services, voter registration data, and recorded document services; and, 2. The Pima County Board of Supervisors has determined that the charges are appropriate and necessary to cover the costs incurred by the Pima County Recorder in providing these services; and, 3. The Pima County Board of Supervisors has the authority under A.R.S. §11-251.05 to adopt all ordinances necessary or proper to carry out the functions of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA: SECTION 1: It is the intent of this Ordinance to establish fees for election -related services, voter registration data, and recorded document services provided by the Pima County Recorder in an amount sufficient to defray costs. SECTION 2: Fees charged by the Pima County Recorder shall be as follows: SEE EXHIBIT A ATTACHMENT SECTION 3: This Ordinance shall take effect thirty days from the date of adoption. SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications of this Ordinance, which can be given meaning without the invalid provision. I Marana Town Council Special Meeting Agenda Packet Page 36 of 68 June 25, 2024 Page 2 of 10 Sequence No. 20160490531 PASSED AND ADOPTED THIS 16TH DAY OF FEBRUARY , 2016. ATTEST: Rohm )0rigode, Cler f the.86"ard REVI�W.11JY� ' f'•� ,r F. Ann Rodrigues, Pima County or r PIMA COUNTY BOARD OF SUPERVISORS V, Im FEB 16 ZOIfi Chair, oard of Supervisors APPROVED AS TO FORM: SJurk0Wit7_ Deputy County Attorney Marana Town Council Special Meeting Agenda Packet Page 37 of 68 June 25, 2024 Page 3 of 10 Sequence No. 20160490531 Mailing Address P. O. Box 3145 Tucson, AZ 85702.3145 County Public Service Center 240 North Stone Avenue, In Floor Tucson, AZ F. Ann Rodriguez Pima County Recorder Recording history one document at a time. Christopher J, Roads Chief Deputy Recorder Registrar of Voters Document Recording: (520) 724-4350 Voter Registration: (520) 724-4330 Fax: (520) 623-1785 www.recorder.pima.gov PIMA COUNTY RECORDER'S CHARGES ELECTION COSTS For Conducting Jurisdictional Elections (i.e., Cities, Towns, School Districts, Fire Districts, etc.) POLLING PLACE ELECTIONS Early Ballot Processing $5.75 each * Permanent Early Voting List (PEVL) Ballots $3.00 each* Early Ballot Signature Verification $0.75 per signature Replacement Ballots — Satellite Location $2.00 each Replacement Ballots — By Mail $3.00 each Problem Ballots — includes calling the voter, sending them a letter $6.00 each Signature Roster Printing (per precinct) $25.00 each Provisional Ballots $16.00 each Conditional Provisional Ballots $6.00 each Regular Hours $20.85 per hour Overtime Hours $31.27 per hour Remote Site Computer linked $400.00 flat fee Remote Site Not computer linked $200.00 flat fee ALL BALLOT -BY -MAIL ELECTIONS Mailing of Ballots to Every Active Voter $2.30 each* Replacement Ballots — Satellite Location $2.00 each Replacement Ballots — By Mail $3.00 each Problem Signature Ballots — inc. calling the voter, sending them a letter $6.00 each Signature Verification $0.75 per signature Marana Town Council Special Meeting Agenda Packet Page 38 of 68 June 25, 2024 Page 4 of 10 Sequence No. 20160490531 PIMA COUNTYRECORDER CHARGES Page 2 of 8 OTHER APPLICABLE ELECTION FEES Voter Registration Maintenance Fee for Active and Inactive Voters Consolidated Election Participation Fee for Active Voters Team Voting Special Inserts: Single Page — 8 % x 4 '/2 " (20 lb. paper minimum) Multiple pages or larger than 8 '/.- x 4 '/2 " (may also result in additional postage cost for Mailed ballot package due to increased weight) PLUS actual cost for insert printing by vendor $0.05 per voter $0.10 per voter® $60.00 per request➢ $0.02 per ballot $0.05 per ballot Mileage will be charged at actual cost based on Pima County Fleet Services Department Motor Pool Charges. * Includes postage fees for both the mailing of the ballot package and the return mail of the voted ballot. If postage rate hikes imposed by the United States Postal Service go into effect after the approved date of this Ordinance and Fee Schedule it may result in a fee increase in the same amount. ♦A Consolidated Election Participation Fee for Early Ballots include: mailing ofthe 90-day notification of elections, maintenance fee of the Permanent Early Voting List (PEVL), National Change of Address (NCOA) returned mail notifications. ➢ Emergency voting in hospitals, rest homes, care facilities, etc., for homebound voters, voters unable to note in polling location, and those who need assistance voting their ballot due to medical reasons. JURISDICTIONAL BOUNDARY CHANGES MAPPING Computer Coding Map Geocoding (1 hour Minimum) $50.00 Per Annexation $25.00 Per Hour Marana Town Council Special Meeting Agenda Packet June 25, 2024 Page 39 of 68 Page 5 of 10 Sequence No. 20160490531 PIMA COUNTYRECORDER CHARGES Page 3 of 8 VOTER REGISTRATION DATA The fee for a copy of the voter data provided to political parties is set in A.R.S. §16-168(E). That fee is currently $0.01 per name for the data in electronic form and $0.05 per name for data in paper form. The fee for data in formats other than provided to the political parties is $0.10 per name. In addition to the statutory fees for voter data provided in A.R.S. § 16-168(E), the following fees will be charged per voter record: Additional District Assignment Information $ 01 Voting History 02 Voter Change History 02 Age of Voter 02 Computer Programming for additional information Per hour, 1 hour minimum 50.00 Copying fee — includes redaction of confidential data 1.00 Certification of Voter Registration 10.00 per certification Replacement of Voter ID Card In Office 5.00 each RECORDER'S SUBSCRIPTION FEES Bulk Purchases of Current Images and Data Minimum of $5,000.00 to start up a new account with $50.00 applied to a non-refundable set-up fee and the balance applied to the pre -paid balance. For accessing images of recorded documents on the Pima County Recorder's secure web site, the following subscription fees will apply: Bulk Purchase of all document images Bulk Purchase of all daily indexing Bulk Purchase of cross references for indexing Bulk Purchase of images of selected document types Bulk Purchase of selected index types Bulk Purchase of selected cross reference types One Time Bulk Purchases of Historical Images and Data One Time Bulk Purchase of all historical document images One Time Bulk Purchase of all historical daily indexes One Time Bulk Purchase of all historical cross references One Time Bulk Purchase of selected historical document images One Time Bulk Purchase of selected historical daily indexes One Time Bulk Purchase of selected historical cross references $0.04 per image 0.03 per index 0.03 per index 0.07 per image 0.07 per index 0.07 per index $0.05 per image 0.04 per index 0.04 per index $0.08 per image 0.08 per index 0.08 per index Marana Town Council Special Meeting Agenda Packet Page 40 of 68 June 25, 2024 Page 6 of 10 Sequence No. 20160490531 PIMA COUNTY RECORDER CHARGES Page 4 of 8 Web Subscriber Services Minimum of $100,00 to start up a new account with $50.00 applied to a non-refundable set-up fee and $50.00 applied to the pre -paid balance. Web access to individual document images $ 0.24 per document Web access to individual map images 3.00 per image Additional fees for recorded documents Fee to return documents improperly submitted for recordation $5.00 per document Blank recording forms $3.00 per form 2% convenience fee on all credit and debit card transactions Marana Town Council Special Meeting Agenda Packet Page 41 of 68 June 25, 2024 Page 7 of 10 Sequence No. 20160490531 PIMA COUNTY RECORDER CHARGES Page 5 of 8 CANDIDATE EARLY BALLOT LISTS FEE SCHEDULE PRIMARY ELECTIONS - State and Federal Elections, Countywide Special Elections Early Ballot request data for State and Federal Primary Elections. Number of Registered Voters determined on the 60th day preceding the Primary Election. Prices shown in Columns 2 and 3 are per Parry Affiliation: Democrat, Republican and/or Others. Fees will be calculated in the following manner: a. Determine which Party data are desired (Democrats, Republicans and/or Others). b. Determine how many Voters of each Party are registered in the desired District using the figures from the Recorder's website. c. Find the row containing that number in Column 1. Use the Price Per Party Affiliation figures in Column 2 for the Early Ballot List, and the figures in Column 3 for the Returned Ballot List. d. EXAMPLE: Candidate John Doe subscribes to the list of all Democrats and Independents who request an Early Ballot in his District. There are 173,280 Democrats and 92,621 Independents. Using the schedule below, Mr. Doe will pay $360.00 for Democrats plus $200.00 for Others for the Early Ballot List. If he decides he wants to also purchase the Returned Ballot List, he will add an additional $190,00 for Democrats plus S 110.00 for Others. His total for the subscription will be $860.00. If the request is for all political parties and Others, and all such ballot returns, then the maximum charge shall be $1,020.00, 1. NUMBER OF REGISTERED VOTERS IN DISTRICT 2. EARLY BALLOT LIST PRICE PER PARTY A FFILIATION 3. RETURNED BALLOT LIST PRICE PER PARTY AFFILIATION 0 - 10,000 $ 20.00 $ 20.00 10,001 - 20,000 40.00 30.00 20,001 - 30,000 60.00 40.00 30,001 - 40,000 80.00 50.00 40,001 - 50,000 100.00 60.00 50,001 - 60,000 120.00 70.00 60,001 - 70,000 140.00 80.00 _ 70,001 - 80,000 160.00 90.00 _ 80,001 - 90,000 _ 180.00 _ 100.00 90,001 - 100,000 200.00 110.00 100,001 - 110,000 220.00 120.00 110,001 - 120,000 240.00 130.00 120,001 - 130,000 260.00 140.00 130,001 - 140,000 280.00 150.00 140,001 - 150,000 300.00 160.00 150,001 - 160,000 320.00 170.00 160,001 - 170,000 340.00 180.00 170,001 - 180,000 360.00 190.00 180,001 - 190,000 380.00 200.00 190,001 - 200,000 400.00 210.00 200,001 - 210,000 420.00 220.00 210,001 - 220,000 440.00 230.00 220,001 - 230,000 460.00 240.00 230,001 - 240,000 480.00 250.00 240,001 - 250,000 500.00 260.00 250,001 - 260,000 520.00 270.00 260,001 - 270,000 540.00 280.00 270,001 - 280,000 1 560.00 _ 290.00 Marana Town Council Special Meeting Agenda Packet Page 42 of 68 June 25, 2024 Page 8 of 10 Sequence No. 20160490531 PIMA COUNTY RECORDER CHARGES Page 6 of 8 CANDIDATE EARLY BALLOT LISTS FEE SCHEDULE GENERAL ELECTIONS - State and Federal Elections, Countywide Special Elections 1. Early Ballot request data for State and Federal General Elections. 2. Number of Registered Voters determined on the 60th day preceding the General Election. 3. Prices shown in Columns 2 and 3 are per Party Affiliation: Democrat, Republican and/or Others. 4. Fees will be calculated in the following manner: a. Determine which Party data are desired (Democrats, Republicans and/or Others). b. Determine how many Voters of each Party are registered in the desired District using the figures from the Recorder's website. c. Find the row containing that number in Column 1. Use the Price Per Party Affiliation figures in Column 2 for the Early Ballot List, and the figures in Column 3 for the Returned Ballot List. d. EXAMPLE: Candidate John Doe subscribes to the list of all Democrats and Independents who request an Early Ballot in his District. There are 173,280 Democrats and 92,621 Independents. Using the schedule below, Mr. Doe will pay $380.00 for Democrats plus $220.00 for Others for the Early Ballot List. If he decides he wants to also purchase the Returned Ballot List, he will add an additional $360.00 for Democrats plus $200.00 for Others. His total for the subscription will be S 1,160.00. S. If the request is for all political parties and Others, and all such ballot returns, then the maximum charge shall be $1,380.00. 1. NUMBER. OF REGISTERED VOTERS IN DISTRICT 2. EARL Y BALLOT LIST PRICE PER PA R TY A FFILIA TION 3. RETURNED BALLOT LIST PRICE PER PA R TY A FFILIA TION 0 - 10,000 $ 40.00 $ 20.00 10,001 - 20,000 60.00 40.00 20,001 - 30,000 80.00 60.00 30,001 - 40,000 100.00 80.00 40,001 - 50,000 120.00 100.00 50,001 - 60,000 140.00 120.00 60,001 - 70,000 160.00 140.00 70,001 - 80,000 180.00 160.00 80,001 - 90,000 200.00 180.00 90,001 - 100,000 220.00 200.00 220.00 240.00 100,001 - 110,000 _ 240.00 110,001 - 120,000 __ 260.00 120,001 - 130,000 280.00 260.00 130,001 - 140,000 300.00 280.00 140,001 - 150,000 _ 320.00 300.00 150,001 - 160,000 340.00 320.00 160,001 - 170,000 360.00 340.00 170,001 - 180,000 380.00 360.00 180,001 - 190,000 400.00 380.00 190,001 - 200,000 420.00 400.00 200,001 - 210,000 440.00 420.00 210,001 - 220,000 460.00 440.00 220,001 - 230,000 480.00 460.00 230,001 - 240,000 500.00 480.00 240,001 - 250,000 520.00 500.00 250,001 - 260,000 540.00 520.00 260,001 - 270,000 560.00 540.00 270,001 - 280,000 580.00 560.00 Marana Town Council Special Meeting Agenda Packet Page 43 of 68 June 25, 2024 Page 9 of 10 Sequence No. 20160490531 PIMA COUNTYRECORDER CHARGES Page 7 of 8 CANDIDATE EARLY BALLOT LISTS FEE SCHEDULE FOR PRIMARY (March) & GENERAL (May) ELECTIONS Non -State and Non -Federal Elections POLLING PLACE ELECTIONS NUMBER OF REGISTERED VOTERS VOTERS IN DISTRICT LIST OF EARLY BALLOT REQUESTS LIST OF RETURNED BALLOTS 10,001 - 20,000 20.00 10.00 20,001 - 30,000 30.00 20.00 30,001 - 40,000 40.00 30.00 40,001 - 50,000 50.00 40.00 50,001 - 60,000 60.00 50.00 60,001 - 70,000 70.00 60.00 70,001 - 80,000 _ 80.00 70.00 80,001 - 90,000 90.00 80 000 90,001 - 100,000 100.00 90.00 100,001 - 1 10,000 1 10.00 100.00 110,001 - 120,000 120.00 110.00 120,001 - 130,000 130.00 120.00 130,001 - 140,000 140.00 130.00 140,001 - 150,000 150.00 140.00 150,001 - 160,000 160.00 150.00 160,001 - 170,000 170.00 160.00 170,001 - 180,000 180.00 170.00 180,001 - 190,000 190.00 180.00 190,001 - 200,000 200.00 190.00 200,001 - 210,000 210.00 200.00 210,001 - 220,000 220.00 210.00 230,000 230.00 220.00 40,000 240.00 230.00 50,000 M-280,000 _ 250.00 240.00 60,000 260.00 250.00 70,000 270.00 260.00 80,000 1 280.00 270.00 Marana Town Council Special Meeting AgendaPacket Page 44 of 68 June 25, 2024 Page 10 of 10 Sequence No. 20160490531 PIMA COUNTY RECORDER CHARGES Page 8 of 8 CANDIDA TE EARL Y BALLOT LISTS FEE SCHEDULE FOR PRIMARY (March) & GENERAL (May) ELECTIONS Non -State and Non -Federal Elections ALL BALLOT -BY -MAIL ELECTIONS NUMBER OF REGISTERED VOTERS VOTERS IN DISTRICT LIST OFEARLY BALLOT REQUESTS LIST OF RETURNED BALLOTS 0 - 10,000 $ 40.00 $ 20.00 10,001 - 20,000 60.00 40.00 20,001 - 30,000 80.00 60.00 30,001 - 40,000 100.00 80.00 40,001 - 50,000 120.00 100.00 50,001 - 60,000 140.00 120.00 60,001 - 70,000 160.00 140.00 70,001 - 80,000 180.00 160.00 80,001 - 90,000 200.00 180.00 90,001 - 100,000 220.00 200.00 100,001 - 110,000 240.00 220.00 110,001 - 120,000 260.00 240.00 120,001 - 130,000 280.00 260.00 130,001 - 140,000 300.00 280.00 140,001 - 150,000 320.00 300.00 150,001 - 160,000 340.00 320.00 160,001 - 170,000 360.00 340.00 170,001 - 180,000 380.00 360.00 180,001 - 190,000 400.00 380.00 190,001 - 200,000 420.00 400.00 200,001 - 210,000 440.00 420.00 210,001 - 220,000 460.00 440.00 220,001 - 230,000 480.00 460.00 230,001 - 240,000 500.00 480.00 240,001 - 250,000 520.00 500.00 250,001 - 260,000 540.00 520.00 260,001 - 270,000 560.00 _ 540.00 270,001 - 280,000 580.00 _ 560.00 Marana Town Council Special Meeting Agenda Packet Page 45 of 68 June 25, 2024 MARANA AZ ESTABLISHED 1 9 7 7 Council -Special Meeting Meeting Date: 06/25/2024 To: Mayor and Council Submitted For: Libby Shelton, Deputy Town Attorney From: Libby Shelton, Deputy Town Attorney Date: June 25, 2024 Strategic Plan Focus Area: Proactive Public Services C3 Subject: Resolution No. 2024-069: Relating to the Police Department; approving and authorizing the Mayor and the Police Chief to execute an intergovernmental agreement between local agencies regarding the Pima County Sheriff's Department Motorola Flex Spillman System (Libby Shelton) Discussion: The Pima County Sheriff's Department hosts the Spillman Flex system (Spillman) that accomplishes the purposes of Computer -Aided Dispatch (CAD) that supports enhanced 911 emergency call management, law enforcement agency record management, and jail management. Critical law enforcement records are entered, stored, edited, and reported to state and federal law enforcement agencies via Spillman. The proposed intergovernmental agreement (IGA) sets forth the terms and conditions under which local agencies will operate under Spillman. Under the IGA, Pima County is the Host Agency and agrees to share the use of Spillman with other local agencies. The initial term of the IGA is five years beginning July 1, 2024 and has an option to be extended for one additional five year period, or any portion thereof. Staff Recommendation: Staff recommends approval of the IGA. Suggested Motion: Marana Town Council Special Meeting Agenda Packet Page 46 of 68 June 25, 2024 I move to adopt Resolution No. 2024-069, approving and authorizing the Mayor and the Police Chief to execute an intergovernmental agreement between local agencies regarding the Pima County Sheriff's Department Motorola Flex Spillman System. Resolution No. 2024-069 Exhibit A to Resolution Attachments Marana Town Council Special Meeting Agenda Packet Page 47 of 68 June 25, 2024 MARANA RESOLUTION NO.2024-069 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR AND THE POLICE CHIEF TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN LOCAL AGENCIES REGARDING PIMA COUNTY SHERIFF'S DEPARTMENT MOTOROLA FLEX SPILLMAN SYSTEM WHEREAS public agencies may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS the Pima County Sheriff's Department hosts the Spillman Flex system (Spillman) that accomplishes the purposes of Computer -Aided Dispatch (CAD) that supports enhanced 911 emergency call management, law enforcement agency record management, and jail management, and WHEREAS critical law enforcement records are entered, stored, edited, and reported to state and federal law enforcement agencies via Spillman; and WHEREAS the Town of Marana, Pima County and other local agencies desire to enter into an agreement to set forth the terms and conditions under which agencies operate using Spillman; and WHEREAS the Mayor and Council of the Town of Marana find that it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the Pima County Sheriff's Department Motorola Flex Spillman "Shared Agency" Intergovernmental User Agreement attached to this resolution as Exhibit A, and authorizing the Mayor and the Police Chief to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. 1 Resolution No. 2024-069 Marana Town Council Special Meeting Agenda Packet Page 48 of 68 June 25, 2024 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 25th day of June, 2024. ATTEST: David L. Udall, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Jane Fairall, Town Attorney Resolution No. 2024-069 2 Marana Town Council Special Meeting Agenda Packet Page 49 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 PIMA COUNTY SHERIFF'S DEPARTMENT MOTOROLA FLEX SPILLMAN "SHARED AGENCY" INTERGOVERNMENTAL USER AGREEMENT This Intergovernmental Agreement ("IGA") is entered into by and among public agencies located in Pima County, Arizona, on behalf of their respective law enforcement agencies (referred to collectively as the "Parties"). Any public agency, as that term is defined in Arizona Revised Statutes § 11-951, that executes this IGA in counterpart form shall be a Party as of the date of execution. Purpose The Pima County Sheriff's Department (PCSD) hosts Spillman Flex (herein referred to as "Flex") developed and marketed by Motorola Solutions. The Flex public safety system accomplishes the purposes of Computer -Aided Dispatch (CAD) that supports enhanced 911 emergency call management, law enforcement agency record management, jail (Pima County Adult Detention Complex - PCADC) management, in addition to access to National Crime Information Center (NCIC) and related information via StateLink (used for querying state and national records as well as updating local state records) . Critical law enforcement records are entered, stored, edited, and reported to state and federal law enforcement agencies via PCSD-hosted Flex. This information is subject to Criminal Justice Information System (CJIS) governance. The purpose of this IGA is to set forth the terms and conditions under which Parties, through their law enforcement agencies, will collectively operate as shared agencies under the host licensing with Flex that the PCSD maintains. Definitions Host Agency. "Host Agency" is a current Flex licensee (PCSD) authorized by Motorola and has agreed to "share" the use of the Flex software with a Shared Agency. Pima County Information Technology Department (PCITD) provides full Information Technology support to PCSD and is therefore included in the definition of "Host Agency". Shared Agency. A "Shared Agency" is an agency that has purchased the right and license to use the same copy of the Flex Software currently licensed by Host Agency. Shared Agency then connects into Host Agency's Flex implementation for use of Computer -Aided Dispatch (CAD), Records Management System (RMS), and other possible Flex systems or modules. ACCH. Arizona Computerized Criminal History (ACCH) contains criminal history record information for offenders arrested in the state of Arizona. The information in ACCH is criminal history record information and can only be accessed and used for specific purposes as outlined by state and federal laws. AFIS/ABIS. Automated Fingerprint Identification System - The Arizona Biometric Information System (ABIS) is a storage, automated search, and retrieval system for fingerprints, palm prints, irises, mug photos, and tattoo images obtained from arrests, deceased subjects, registered sex page I of 18 Marana Town Council Special Meeting Agenda Packet Page 50 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 offenders, Arizona Department of Corrections inmates, and individuals seeking noncriminal justice background checks. ACJIS. Acronym for the Arizona Criminal Justice Information System. The ACJIS network is maintained by the Arizona Department of Public Safety (AZDPS) and is available to authorized local, state, and federal criminal justice agencies. ANVALI. ANI (Automated Number Identification) is the inbound E911 call phone number passed to the Public Safety Answering Point (PSAP). ALI (Automated Location Identification) is the location information on where the inbound caller is located. This information is also passed to the PSAP. NCIC. Acronym for the National Crime Information Center. It is a national repository of files on persons and property. The Federal Bureau of Investigation (FBI) maintains NCIC. NLETS. Internal Justice and Public Safety Information Sharing Network the system to provide for the interstate and/or interagency exchange of criminal history and criminal justice related information. Recitals A. WHEREAS data stored in Host Agency's Flex is documented criminal justice information and must be protected to ensure correct, legal, and efficient dissemination and use, with Host and Shared agencies implementing and maintaining security procedures pursuant to ARS 41-1750 and ARS 41-1756 to include control mechanisms to limit access to information on the ACJIS/NCIC network to criminal justice agencies for the administration of criminal justice or for criminal justice employment exclusively; and B. WHEREAS Host and Shared agencies are responsible for the accuracy, timeliness, and completeness of the record entries, with complete, accurate, and timely record entries being essential to ensure system integrity; and C. WHEREAS the Pima County Sheriff's Department, as the current Flex licensee, (Host Agency) agrees to share the use of its Flex software with the other Parties (Shared Agencies); and D. WHEREAS public agencies may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and E. WHEREAS the Pascua Yaqui Tribe may contract for services and enter into agreements for joint or cooperative action pursuant to Article VI, Section 1(a) of the Constitution of the Pascua Yaqui Tribe; and F. WHEREAS upon execution this IGA shall supersede and replace the PIMA COUNTY SHERIFF'S DEPARTMENT WIDE AREA NETWORK AND FORCE LAW ENFORCEMENT SOFTWARE PARTICIPATING AGENCY USER AGREEMENT (1995), which shall terminate. page 2 of 18 Marana Town Council Special Meeting Agenda Packet Page 51 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 NOW, THEREFORE, the Parties, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement I. Obligations of the Parties. Each party shall assume responsibility for the security of their respective networks and systems. Furthermore, it is incumbent upon each parry as a mutual duty to keep Parties informed and promptly communicate any potential security vulnerabilities and / or active security events, including but not limited to ransomware attacks, concerning the system. Each party reserves the right to suspend and/or terminate connections that present a risk to their security infrastructure without prior notice. Scope of responsibilities between Host Agency and each Shared Agency who is a party to this Agreement are categorized and outlined as follows: User Management a. Host Agency will provide a means for requesting creation of new Flex user accounts and for requesting termination of Flex user accounts of Shared Agency personnel no longer employed by Shared Agency; b. Host Agency will provide standardized documents to be completed by Shared Agency on behalf of new and terminated users for requesting user account maintenance; c. Shared Agency will submit requests for new Flex users and submit timely termination requests for all users who leave the employment of Shared Agency, by following the Host Agency's established means for requesting Flex user account maintenance; d. Shared Agency will timely notify Host Agency of any removal of any access of a user employed by Shared Agency; Shared Agency will assure compliance with login management protocols such as Multi - Factor Authentication (MFA) that limit access to Flex to only those authorized by Shared Agency. Data Access a. Shared Agency will request and obtain approval of the Arizona Department of Public Safety, Arizona Criminal Justice Information System (ACJIS) Division, and Host Agency prior to being granted any ACJIS access; b. Host Agency will provide to and maintain access for Shared Agency to the ACJIS network including ACIC/NCIC, ALETS/NLETS, Arizona Motor Vehicle Division (MVD), AFIS/ABIS, and ACCH; Host Agency will coordinate amongst Shared Agency and DPS page 3 of 18 Marana Town Council Special Meeting Agenda Packet Page 52 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 on establishing and maintaining pass -through routing between Shared Agency and DPS for these ACJIS network resources; Host Agency will provide access to Flex and other DPS services mentioned above through Host Agency side of a Virtual Private Network (VPN). Host Agency will specify the connection configuration and security specifications Shared Agency must meet for their side of the VPN; d. Shared Agency must maintain their end of the VPN in accordance with the Host Agency specifications and at Shared Agency's own expense; e. Host Agency will collaborate with Shared Agency networking resources on any unplanned outages of the VPN after Shared Agency first contacts Host Agency Network Operations Center (NOC); Shared Agency must identify their networking resources and contact information to NOC when notifying of an outage; f. Each party to this IGA shall maintain independent responsibility for purchase and servicing of all equipment necessary to access the PCSD ACHS environment. Such equipment includes VPN tunnel established between Host Agency and Shared Agency, Multi -factor Authentication facilities, Mobile Data Computer (MDC) and software installed upon it, and any other equipment related to accessing and using the Host Agency Flex; g. Host Agency may provide E911 support to Shared Agency Emergency Communications Center (ECC), such as Flex New Call screen pre -population of an inbound E911 to the extent technically possible as provided by E911 service provider's ANI/ALI stream; h. Host Agency may provide access to a Structured Query Language (SQL) warehouse of Flex data to which Shared Agency may connect via VPN for accessing Shared Agency data to pull into its own SQL resources. This facility is provided in lieu of direct connection into Host Agency Flex system, which can become burdensome to all Shared Agencies party to this agreement if each Agency had their own multiple direct connections. Shared Agency SQL resources may then be used for Agency's own purposes including data analysis tools, populating external reporting organization law enforcement tools, and other uses of the data as Shared Agency sees fit and at Shared Agency's own expense; Host Agency may provide access to a non -production Flex system for the purpose of training Shared Agency personnel; Shared Agency access to the non -production system is requested through the same means as requesting access to the Flex production system. Data Usage a. All parties to this document agree to strictly limit use of information received under the terms of this IGA to criminal justice purposes exclusively in compliance with Arizona and NCIC policy and regulation; page 4 of 18 Marana Town Council Special Meeting Agenda Packet Page 53 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 b. All parties assume full responsibility for any release of criminal history record information and any other criminal justice information accessed from DPS via pass -through across the Host Agency connection with DPS; Each Agency party to this Agreement is responsible for its own National Incident -Based Reporting System (NIBRS) reporting and quality control. Host Agency may remove information from Flex which does not meet quality control requirements for accurate NIBRS reporting and advise Shared Agency of data removal. Management a. Host Agency will provide a means for Shared Agency to obtain Flex support through a Network Operations Center (NOC) staffed 24/7/365. Shared Agency will refrain from directly contacting individuals for Flex support until *after* a service ticket is created for a support request. The following are reasonable expectations of Flex support for typical services requests: a. All new Incidents and Requests will receive an initial response on the same business day in which the service request was made; i. Incidents (known as "break/fix" issues) will attempt to be resolved within three (3) business days; ii. Requests (a non -interruption of service most likely of a feature enhancement nature) do not have a Service Level Agreement (SLA), and will be serviced as Host Agency resources can be allocated; b. New User Requests should be completed in three (3) business days upon receipt of a properly executed Spillman form submitted through the NOC. Delays will be incurred on new user requests associated with a deficient or incomplete Spillman Flex form; c. Password Resets will be completed during initial interaction with NOC if there are no ACHS reasons for withholding account access restoration; such reasoning includes the following examples: i. Example 1: a Spillman account dormant for longer than 31 days will require a Spillman Account Reactivation form; ii. Example 2: a Spillman account dormant for longer than a 365 days will be treated as a new user account request and therefore require a completed new user request form; b. All parties to this IGA shall employ security methodologies and tools to ensure the safeguarding of the network environment, in accordance with established standards, including but not limited to those prescribed by the National Institute of Standards and Technology (MIST); page 5 of 18 Marana Town Council Special Meeting Agenda Packet Page 54 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 c. Provide Shared Agency with notice of planned outages of the Host Agency Flex and VPN systems. Every effort will be made to provide a 48-hour advanced notice for such outages, but intervening circumstances may preclude this goal; d. Shared Agency will provide Host Agency with a Point of Contact (POC) for each of the following areas of ACJIS data management: a. Records Manager; b. Emergency Communications Center Manager and "back office" telephone number (if applicable); c. IT Chief and any IT personnel to be notified of Host Agency planned and unplanned outage notifications; d. Shared Agency project planning and consulting personnel authorized to engage in such work with Host Agency (for when such work is contemplated); e. Personnel authorized to work directly with Motorola on Flex problem resolution or configuration management; f. Shared Agency generic email box for Host Agency to notify of both planned and unplanned outages; g. Any law enforcement personnel who would benefit from receiving planned and unplanned outage notifications; Shared Agency agrees to engage with Host Agency POC prior to committing Host Agency support services to Shared Agency vendors or DPS. Shared Agency must first secure agreement to move a project forward prior to committing to a project plan that involves or requires Host Agency resources. II. Host Agency Services and Support. Shared Agency shall independently pay for the right and license through direct billing arrangements with Motorola to use the same copy of the Flex Software currently licensed by Host Agency. Host Agency hereby agrees to furnish connectivity and basic administrative support (as defined above in Section I. Obligations of the Parties) for data access by Shared Agency. Any additional services beyond the scope of established connectivity methodologies and basic administrative support shall require separate negotiation between the parties. Project Management Additional services considered beyond the scope include but are not limited to application integrations, data customizations, consultations, or complex networking connectivity requests. This out -of -scope work is considered to be "project work". Such additional services may incur costs to the Shared Agency, which shall be determined and agreed upon by both parties prior to page 6 of 18 Marana Town Council Special Meeting Agenda Packet Page 55 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 implementation. If Host Agency cannot provide the requested additional services, Shared Agency will be responsible for providing and coordinating third parry resources with Host Agency upon a mutually agreed upon timeframe. Host Agency will agree to perform customized work when the requisite resource(s) are available. Availability will be determined by Host Agency and expressed to Shared Agency once a project specification is confirmed by Shared Agency. If either Host or Shared Agency is not available to perform project work per previously agreed upon timeframe, an updated project plan will be required prior to work commencing. As mentioned above, Shared Agency may be required to compensate Host Agency for project work. At the time of initial execution of this IGA, it cannot possibly be anticipated what projects could occur, nor cost factors that will influence invoicing a Shared Agency over the initial five- year term of the IGA. It is not the intent of Host Agency to make a profit. However, historic project work performed by Host Agency for the benefit of a Shared Agency has gone uncompensated and left the Host Agency unable to service all its primary needs. With these intents in mind, the following is a fair means of compensating Host Agency for project work not within the regular scope of services to be performed by Host Agency: Host Agency Billing Structure for Customized Work a. Variable Rates: Host Agency charges in a range of between $150-$300 per hour, depending upon the resource(s) required for any out -of -scope or customized work. Rates of compensation for project resources will be determined by Host Agency for Shared Agency upon finalization of a project specification and prior to any work commencing; b. Billing Cycles and Invoice / Payment Processing: Shared Agency shall pay all charges, costs, fees, expenses, and financial responsibilities under this Agreement within thirty (30) calendar days of receipt of invoice from Host Agency. III. Term. The initial term of this IGA shall be five years beginning July 1, 2024. This IGA may be extended for one (1) additional five (5) year period or any portion thereof. Any modification or term extension shall be by formal written amendment executed by the Parties. IV. Insurance. Each Party shall obtain and maintain at its own expense, during the entire term of such Party's participation in 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 $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage; 3. Worker's compensation coverage, including employees' liability coverage, as required by law. page 7 of 18 Marana Town Council Special Meeting Agenda Packet Page 56 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 The above requirements may alternatively be met through a self-insurance program or participation in an insurance risk pool. Each party warrants that it is self -insured or otherwise maintains adequate insurance to fully cover it liability under this IGA. V. Indemnification. To the extent permitted by law, each Party (as "indemnitor") agrees to indemnify, defend and hold harmless each of the other Parties (as "indemnitee(s)") from and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney's fees (hereinafter collectively referred to as "claims") arising out of bodily injury, including death, or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee(s), are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees or volunteers. VI. Termination. Either parry may, at any time and without cause, terminate this IGA by providing one hundred and twenty (120) days written notice of intent to terminate. 1. Termination in Event of Pima County Withdrawal. In the event that PCSD terminates its participation in this IGA, this IGA shall terminate as to all Parties. The withdrawal of any Party other than Pima County shall not affect the validity and continuation of the IGA as to the other Parties. VII. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. As to parties that are Indian tribes, an Executive Order shall only be deemed to be applicable if it specifically names "Indian tribes" as being within the scope of the order, and the person issuing the Order has lawful authority to issue an Executive Order that would be lawfully binding upon Indian tribes. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court of competent jurisdiction. VIII. Non -Discrimination. In performance of this IGA the Parties shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this IGA. The Parties who are not Indian tribes shall comply with the provisions of Executive Order 2009-09, which is incorporated into this IGA by reference, as if set forth in full herein. Those parties that are Indian Tribes shall comply with all anti -discrimination laws and ordinances specifically made applicable to Indian tribes by law. IX. Conflict of Interest. This IGA is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. X. Non -Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated by a Party if for any reason that Parry's governing body does not appropriate sufficient monies for the purpose of maintaining the party's obligations under this IGA. In the event of such termination the affected Parties shall have no further obligations under this IGA other than for payment for services rendered prior to termination. page 8 of 18 Marana Town Council Special Meeting Agenda Packet Page 57 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 XI. Legal Authority. No Party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. XII. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer -employee relationship between one Party's employees, and any other Party hereunder. No Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XIII. No Third -Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of any Party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. XIV. Sovereign Immunity. Nothing in this IGA shall be construed as an express or implied waiver of the sovereign immunity of any party in any forum or jurisdiction. Provisions of this IGA shall apply to Native American jurisdictions only to the extent that they do not violate Native American sovereignty. XV. Severability. If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. XVI. Entire Agreement. This document 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. This IGA shall not be modified, amended, altered or extended except through a written amendment executed by the governing bodies of the Parties. XVII. Counterparts. This IGA may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. XVIII. Notice. Any notice required or permitted to be given under this IGA must be in writing and served by delivery or by certified mail upon the other party as follows (or at such other address as may be identified by a party in writing to the other party): Host Agency IGA Contacts: PCSD Support Services Division Commander 1750 E. Benson Hwy, Tucson, AZ 85714 page 9 of 18 Marana Town Council Special Meeting Agenda Packet Page 58 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 PCITD Business Systems Manger 33 N. Stone Ave, 14fh floor, Tucson, AZ 85701 Upon adoption of this IGA each Shared Agency will provide the Host Agency with corresponding IGA contact in writing. In Witness Whereof, each Party has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. PIMA COUNTY: Adelita Grijalva Date Chair, Board of Supervisors Chris Nanos Date Sheriff of Pima County ATTEST: Melissa Manriquez Date Clerk of the Board page 10 of 18 Marana Town Council Special Meeting Agenda Packet Page 59 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 In Witness Whereof, each Parry has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF ORO VALLEY ATTEST: Date Mayor of Oro Valley Town Clerk Chief of Police, Oro Valley Date Date page 11 of 18 Marana Town Council Special Meeting Agenda Packet Page 60 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 In Witness Whereof, each Parry has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF SAHUARITA ATTEST: Date Mayor of Sahuarita Town Clerk Chief of Police, Sahuarita Date Date page 12 of 18 Marana Town Council Special Meeting Agenda Packet Page 61 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 In Witness Whereof, each Parry has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. PIMA COMMUNITY COLLEGE ATTEST: Chancellor Date Date Chief of Police, Pima Community College Date page 13 of 18 Marana Town Council Special Meeting Agenda Packet Page 62 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 In Witness Whereof, each Parry has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TOWN OF MARANA ATTEST: Mayor of Marana Chief of Police, Marana Date Town Clerk Date Date page 14 of 18 Marana Town Council Special Meeting Agenda Packet Page 63 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 In Witness Whereof, each Parry has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. PASCUA YAQUI TRIBE ATTEST: Date Date Tribal Council Chairman Tribal Council Secretary Date Chief of Police, Pascua Yaqui Tribe page 15 of 18 Marana Town Council Special Meeting Agenda Packet Page 64 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 In Witness Whereof, each Parry has caused this Intergovernmental Agreement to be executed by a representative of that Jurisdiction's governing body, and attested by its clerk, upon resolution of its governing body. TUCSON AIRPORT AUTHORITY ATTEST: Date President/CEO Tucson Airport Authority Chief Scott Bader Date Tucson Airport Police Department Executive Assistant to the President Date page 16 of 18 Marana Town Council Special Meeting Agenda Packet Page 65 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 page 17 of 18 Marana Town Council Special Meeting Agenda Packet Page 66 of 68 June 25, 2024 Exhibit A to Marana Resolution No. 2024-069 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those Parties to the Intergovernmental Agreement represented by the undersigned. Sean Holguin Date Deputy County Attorney, Pima County Date Marana Town Attorney Date General Counsel, Tucson Airport Authority Pima Community College Date Oro Valley Legal Services Director Date Attorney General, Pascua Yaqui Tribe Date Sahuarita Town Attorney Date Date page 18 of 18 Marana Town Council Special Meeting Agenda Packet Page 67 of 68 June 25, 2024 MARANA AZ ESTABLISHED 1 9 7 7 Council -Special Meeting D1 Meeting Date: 06/25/2024 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: June 25, 2024 Strategic Plan Focus Area: Proactive Public Services Subject: Relating to Facilities; presentation providing an update on the Town of Marana Facilities Master Plan; discussion and possible direction regarding prioritization of future Town facilities projects (Andrea De La Cruz) Discussion: Staff will present an update and recommendations regarding the Town's Facilities Master Plan, and will invite discussion from Mayor and Council for input and direction on future Town facilities projects. Staff Recommendation: Mayor and Council are invited to provide input and direction regarding future town facilities projects. Suggested Motion: No motion is required; staff seeks Council's feedback and direction. No files) attached. Attachments Marana Town Council Special Meeting Agenda Packet Page 68 of 68 June 25, 2024