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HomeMy WebLinkAbout06/12/2007 Special Session Council Agenda Packet SPECIAL SESSION NOTICE AND AGENDA Marana Municipal Complex Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 12, 2007, at or after 6:00 p.m. Town Council Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan Patti Comerford Tim Escobedo Carol McGorray Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall 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. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, 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. All persons attending the Council meeting, whether speaking to the Councilor 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. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com. by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than June 11,2007,6:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. SPECIAL SESSION NOTICE AND AGENDA Marana Municipal Complex Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 12, 2007, at or after 6:00 p.m. SPECIAL SESSION A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. GENERAL ORDER OF BUSINESS D. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. 1. Resolution No. 2007-98: Relating to Procurement; authorizing the Purchasing Director to sign cooperative purchasing agreements of the type and substance attached as Exhibit A on behalf of the Town pursuant to A.R.S. ~41-2632 and the Marana Town Code Section 3-4-6(C) (Cedric Hay) 2. Resolution No. 2007-99: Relating to Parks and Recreation; approving and authorizing the intergovernmental agreement between the Town of Marana and the Marana Unified School District for the cooperative maintenance of the park facility to be built adjacent to the proposed elementary school located in the Saguaro Springs Master Planned Community (Cedric Hay) 3. Resolution No. 2007-100: Relating to Parks and Recreation: approving and authorizing the License Agreement between the Town of Marana, the Marana Unified School District and the developer of the Saguaro Springs Master Planned Community to facilitate construction of the park facility to be located adjacent to the proposed Saguaro Springs Elementary School (Cedric Hay) SPECIAL SESSION NOTICE AND AGENDA Marana Municipal Complex Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 12, 2007, at or after 6:00 p.m. 4. Resolution No. 2007-101: Relating to Parks and Recreation; approving and authorizing the intergovernmental agreement between the Town of Marana and the Marana Unified School District for the construction, operation and maintenance of the community recreation facility to be built on the property located at 10050 N. Coachline Boulevard, in Continental Ranch, Marana (Cedric Hay) 5. Resolution No. 2007-102: Relating to Public Works; supporting the selection of Interstate 10 as a federally designated Corridor of the Future (Cedric Hay) 6. Minutes of the May 24, 2007 and May 29, 2007 special sessions. E. PRESENTATION: Presentation on Proposed Town-Owned Facility Naming Guidelines (Josh Wright) F. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Resolution No. 2007-103: Relating to Budget: adopting the Fiscal 2007-2008 Tentative Budget (Erik Montague) G. EXECUTIVE SESSION. 1. Executive session pursuant to A.R.S. ~ 38-431.03(A)(3),(4) and (7) to receive legal advice from and consult with the Town Attorney concerning the April 23, 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement. D. ADJOURNMENT TOWN COUNCIL MEETING INFORMATION MEETING DATE TOWN OF MARANA June 12, 2007 AGENDA ITEM: D.1 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Resolution No. 2007-98: Relating to Procurement; authorizing the Purchasing Director to sign cooperative purchasing agreements of the type and substance attached as Exhibit A on behalf of the Town pursuant to A.R.S. ~ 41-2632 and Marana Town Code ~ 3-4- 6 (C). DISCUSSION The Town of Marana, is authorized by A.R.S. S 41-2632 to participate in, sponsor, conduct or administer cooperative purchasing agreements for the procurement of any materials, services or construction with one or more public procurement units in accordance with an agreement entered into between the participants. The Town Code, S 3-4-6 (C) authorizes the purchasing director to approve a contract for services made by, through, or with the state or its political subdivisions without a formal bidding process. This process enables the Town to take advantage of existing contracts which is a more efficient process and is fiscally beneficial to the Town. This Resolution authorizes the purchasing director to sign cooperative purchasing agreements which are necessary for the Town to be able to participate in this procurement process. An example of this sort of agreement, which is to be entered into between the Town and the State of Arizona, is attached to this resolution as Exhibit A and incorporated herein by this reference. RECOMMENDATION Staff recommends Mayor and Council authorize the purchasing director to sign cooperative purchasing agreements on behalf ofthe Town. A TT ACHMENT(S) Sample cooperative agreement. SUGGESTED MOTION I move to adopt Resolution 2007-98. {00005134.DOC /} CIH 6/06/07 Page 1 of 1 MARANA RESOLUTION NO. 2007-98 RELATING TO PROCUREMENT; AUTHORIZING THE PURCHASING DIRECTOR TO SIGN COOPERATIVE PURCHASING AGREEMENTS OF THE TYPE AND SUBSTANCE ATTACHED AS EXHIBIT A ON BEHALF OF THE TOWN PURSUANT TO A.R.S. ~ 41- 2632 AND MARANA TOWN CODE ~ 3-4-6 (C). WHEREAS the Town of Marana, is authorized by A.R.S. ~ 41-2632 to participate in, sponsor, conduct or administer cooperative purchasing agreements for the procurement of any materials, services or construction with one or more public procurement units in accordance with an agreement entered into between the participants.; and WHEREAS the Town Code, ~ 3-4-6 (C) authorizes the purchasing director to approve a contract for services made by, through, or with the state or its political subdivisions without a formal bidding process; and WHEREAS, the Mayor and Council of the Town of Marana feel it is fiscally in the best interests of the public to authorize the purchasing director to enter into such agreements on behalf of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the purchasing director for the Town of Marana is hereby authorized to sign cooperative purchasing agreements of the type and substance attached to this resolution as Exhibit A and incorporated herein by this reference. BE IT FURTHER RESOLVED that the purchasing director is hereby directed and authorized to sign other such agreements as determined to be in the Town's best interests. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00005/35.DOC I} CIH 6/06/07 JANET NAPOLITANO GOVERNOR WILLIAM BELL DIRECTOR ARIZONA DEPARTMENT OF ADMINISTRATION STATE PROCUREMENT OFFICE 100 North 15th Avenue, Suite 104, Phoenix, Arizona 85007 (602) 542-5511 (main) (602) 542-5508 (fax) http://www.azeps.az.gov ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT This Cooperative State Purchasing Agreement ("Agreement") is entered between the State of Arizona, State Procurement Office and an Eligible Procurement Unit, in accordance with Arizona Revised Statutes 941-2631, Article 10 Intergovernmental Procurement, which article authorizes cooperative purchasing for public procurement units and nonprofit educational or public health institutions and Arizona Revised Statutes 9 41-2631 et seq and the Arizona Administrative Code R2-7-1001, which permits the governing body of any Eligible Procurement Unit may enter into an Agreement with the State for the purpose of utilizing State contracts. The purpose of this Agreement is to permit the Eligible Procurement Unit named above, hereafter known as the State Cooperative Member (Member), to purchase materials and services from State contractors at the prices and terms expressed in contracts between the State and those State contractors. In consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result there from, the State and the State Cooperative Member agree as follows: 1. The State shall provide the Member with access to listings of all eligible State contracts. The original copy of each State contract is a public record on file with the State. Pricing information, specifications and terms and conditions for most State contracts are available on the SPIRIT website: www.spirit.az.gov. 2. The specifications for the materials and services will be determined by the State Procurement Administrator or delegated State agencies. 3. The State shall conduct the procurement in compliance with the Arizona Procurement Code, AR.S. Title 41, Chapter 23, and its Rules, AAC. Title 2, Chapter 7. 4. The State will identify the Member as an eligible participant in any solicitation intended for general use by State Cooperative Members. In addition, the State may invite the State Cooperative Member to participate in certain exclusive solicitations. ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT Page 1 of 4 Only State Cooperative Members indicating an interest in participating in these exclusive solicitations will be eligible to participate in the resulting State contracts. 5. The Member shall not use a State contract to obtain improper concessions, including lower prices, from State contractors or any other suppliers for the same or similar materials or services. The Member is also prohibited from participating in any organization or group that seeks to obtain such concessions from State contractors or other suppliers based on State contracts. 6. The State Cooperative Member shall: a. Insure that purchase orders issued against eligible State contracts are in accordance with the terms and prices established in the State contract. b. Make timely payments to the State contractor for all materials and services received in accordance with the terms and conditions of the State contract. Payment for materials or services and inspection and acceptance of materials or services ordered by the State Cooperative Member shall be the exclusive obligation of such unit. c. Be responsible for the ordering of materials or services under this Agreement. The State shall not be liable in any fashion for any violation by the Member of this Agreement, and the Member shall hold the State harmless from any liability which may arise from action or inaction of the State Cooperative Member relating to this Agreement or its subject matter. d. The exercise of any rights or remedies by the Member shall be the exclusive obligation of such unit; however, the State, as the contract administrator and without subjecting itself to any liability, may join in the resolution of any controversy should it choose to do so. 7. The Eligible Procurement Unit shall endeavor to utilize State contracts to the fullest extent possible. That is, to purchase all items covered under exclusive contracts and to not fracture purchases by means of utilizing line items from alternate contracts. Such practices weaken the State's ability to negotiate lowest possible volume prices. 8. Failure of the Member to secure performance from the State contractor in accordance with the terms and conditions of its purchase order does not necessarily require the State to exercise its own rights or remedies. 9. This Agreement shall take effect upon execution by the Parties and shall be for an initial period of one (1) year, commencing on July 1, 2007, and ending June 30, 2008. This Agreement shall be renewable annually, for a total period of five (5) years, upon remittance of the then-current fee for membership in the Arizona State Purchasing Cooperative. ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT Page 2 of 4 10. The Member shall remit the first annual fee of $995.00 to the State to defray costs associated with operating the cooperative purchasing program for the fiscal year period July 1, 2007 through June 30, 2008. The annual fee is subject to change by the State. The State shall issue an invoice to the Member prior to the commencement of each annual renewal. 11. This Agreement may be canceled pursuant to the provisions of A.R.S. S 38-511. 12. This Agreement is exempt from the provisions of A.R.S. SS 11-952 and 12-1518. 13. The Member certifies that its organization shall comply with the State and Federal Equal Opportunity and Non-Discrimination requirements and conditions of employment in accordance with ARS Title 41 Chapter 9, Article 4 and Executive Order No. 99-4 dated 29 January 1999. 14. The Member authorizes State contractors to release usage information to the State. Usage information shall be limited to the Member's purchasing activity and shall generally consist of, but shall not limited to, purchase order information including purchase date(s); units purchased, their descriptions and quantities; unit prices and aggregate amounts paid for all materials and services purchased off of the State's contract. 15. The State may terminate this Agreement without notice if the Member fails to comply with the terms of a State contract or this Agreement. 16. Failure to pay the annual invoice by September 30 of each renewal year, or 90 days from the date of the annual invoice, whichever date is later, shall be construed by the State as notice from the Eligible Procurement Unit to terminate the agreement. 17. Except as provided in Paragraph 16, either of the Parties may terminate this Agreement with at least thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the Parties of this Agreement, having caused their names to be affixed hereto by their proper officers, hereby execute this Agreement on the dates indicated hereunder. FOR THE ELIGIBLE PROCUREMENT UNIT: FOR THE STATE: Signature: Signature: Jean A. Clark, CPPO, C.P.M., CPPB, CPM State Procurement Administrator Date: Name: Title: Date: ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT Page 3 of 4 ARIZONA STATE PURCHASING COOPERATIVE Member Contact Information (Please submit completed form with agreement.) Name of Organization: Name of Contact Person: Title of Contact Person: Telephone number of contact person : Fax: E-mail address of contact person: Billing Address: Remit Address (if different from the billing address): FederallD Tax Number: Please notify State Procurement Office of any changes to this information. Please send changes in contact information to: State Procurement Office Arizona State Purchasing Cooperative 100 North 15th Avenue, Suite 104 Phoenix, Arizona 85007 Or e-mail: jan.hart@azdoa.gov ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT Page 4 of 4 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 12,2007 AGENDA ITEM: D.2 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Resolution No. 2007-99: Relating to Parks and Recreation; ap- proving and authorizing the intergovernmental agreement be- tween the Town of Marana and the Marana Unified School Dis- trict for the cooperative maintenance of the park facility to be built adjacent to the proposed elementary school located in the Sa- guaro Springs Master Planned Community. DISCUSSION The Town of Marana and the Marana Unified School District both recognize the importance of parks and community facilities. The Development Agreement approved and recorded for the Sa- guaro Springs Master Planned Community, recorded at book 12278 page 3092, Pima County Recorder's Office, provides that the developer shall construct a public park facility and parking and access lane adjacent to the proposed school site. Once it has been built, the park will be co- operatively operated and maintained by the Town and the School District. This proposed intergovernmental agreement between MUSD and the Town sets forth the criteria which the parties will follow for the construction, development, cooperative maintenance, opera- tion and use of the facilities. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-99, approving and authorizing the intergov- ernmental agreement between the Town of Marana and the Marana Unified School District for the cooperative maintenance of the park facility. A TT ACHMENT(S) Town of Marana and Marana Unified School District Intergovernmental Agreement SUGGESTED MOTION I move to adopt Resolution No. 2007-99. {00005139.DOC /} CIH 6/6/07 MARANA RESOLUTION NO. 2007-99 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA UNIFIED SCHOOL DISTRICT FOR THE COOPERATIVE MAINTENANCE OF THE PARK FACILITY TO BE BUILT ADJACENT TO THE PROPOSED ELEMENTARY SCHOOL LOCATED IN THE SAGUARO SPRINGS MASTER PLANNED COMMUNITY. WHEREAS the Town of Marana and the Marana Unified School District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. S 11-951, et seq.; and WHEREAS the Marana Unified School District is authorized by A.R.S. S 15-364(A) to enter into agreements with the Town providing for the construction, development, cooperative maintenance, operation and use of joint use community parks on properties used for school purposes and under the control of the District; and WHEREAS as a part of the Development Agreement which has been submitted and approved by the Town for the Saguaro Springs Master Planned Community, recorded at book 12278 page 3092, Pima County Recorder's Office provides that the Developer has agreed to construct public park facilities and parking and an access lane adjacent to the proposed school site; 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 intergovernmental agreement between the Town of Marana and the Marana Unified School District attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Mar ana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. {00005154.DOC I} CIH 6/06/07 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00005154.DOC /}MUSD IGA re Saguaro Springs Elementary Park (00005154).DOC 040608 FJClcds 2 Intergovernunentali\greeunent Between Town of Marana and Marana Unified School District for Construction, Operation and Maintenance of Joint Use Counununity Parks at Saguaro Springs Eleunentary School This Intergovernmental Agreement (this Agreement) is entered into by and between the Town of Marana, an Arizona municipal corporation (Town) and the Marana Unified School District, an Arizona unified school district (District) (collectively the Parties). Recitals A. The Parties may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. S 11-951, et seq. B. The District is authorized by A.R.S. S 15-342(13) to enter into intergovernmental agreements and contract with other governing bodies as provided in A.R.S. S 11- 952. C. The Town in authorized by A.R.S. S 15-364(B) to expend public monies and enter into agreements with the District for the construction, development, cooperative maintenance, operation and use of joint use community parks on properties used for school purposes. D. The District is authorized by A.R.S. S 15-364(A) to enter into agreements with the Town providing for the construction, development, cooperative maintenance, operation and use of joint use community parks on properties used for school purposes and under the control of the District. The District may expend public monies for the construction and development of such joint use community parks in cooperation with the Town. E. The District is authorized by A.R.S. S 15-363 to contract with Town for the purpose of providing joint use community parks and may organize and conduct such recreation activities which contribute to the physical, mental and moral welfare of youth residing in the vicinity. F. A Development Agreement has been submitted and approved by the Town for the Saguaro Springs Master Planned Community, recorded at book 12278 page 3092, Pima County Recorder's Office. As a part of the Development Agreement the Developer has agreed to construct the public park facilities and parking and access lane adjacent to the school site. G. Following construction of the park (the Project), the District desires to permit the use of its property by the public at large in the Town to the extent practicable {OOO04086.DOC I} 2 61712007 CIH given school needs and without financial impact to the taxpayers of the District. District desires the Project provide for both school and public park purposes. H. The Parties desire to provide an understanding for the construction, development, cooperative maintenance, operation and use of the Project. The Parties agree that the Developer shall design and construct the Project, in consultation with the Parties throughout the design and construction process. Agreement 1. Purpose. The purpose of the Agreement is to set forth the responsibilities of the Parties for the design, construction, maintenance, operation and use of the Project and to address legal and administrative matters between the Parties. The foregoing recitals are hereby incorporated herein as though fully set forth. 2. Project. The project to be constructed, maintained and operated pursuant to this Agreement is a Community Park adjacent to an elementary school site. The fenced portions of the school site are excluded from this Agreement. 3. Funding of Projects. The construction of the athletic fields, parking and access drives and recreational areas shall be funded by the Developer. 4. Design and Construction Responsibilities. a. Project Scope. Town and District shall mutually identify the key elements of Project and Project priorities. At a minimum, the Project shall include sports fields, ramadas, paths and other park areas as depicted in the Development Agreement. b. Design and construction. Town and District shall work with the Developer according to the existing Development Agreement in place for the area. c. District participation. Town shall provide District the opportunity to participate in and provide approval of all major items that affect the design of the Project. District shall meet with Town to coordinate recreational facility design standards of Town and District. d. Point of Contact. District and Town shall each, in writing, provide a single point of contact for these projects. e. Construction drawings and specifications. Following completion of the Project designs, the Developer shall provide the construction drawings and specifications to Town and District for comment and approval. Town and District shall review, comment and approve all engineering studies, technical data and specifications provided by the Developer for the design {00004086.DOC /} 3 61712007 CIH and construction of the Project under a schedule determined by Town and District to ensure timely progress on and completion of improvements. In no event, however, shall Town and District have less than ten working days to review, comment and approve unless mutually agreed by the Parties in writing. f. Town inspection and approval. Town shall inspect construction and approve the completed Project. District shall allow Town personnel and contractors access to the Project sites before, during and after construction. g. Insurance. 1. Repair and replacement. District agrees to insure or self-insure all school facilities and associated areas and to repair or replace as needed if damaged or destroyed. Town agrees to insure or self-insure the park facilities used by the Town of Marana Parks and Recreation Department and to repair or replace them if damaged or destroyed. 11. Liability insurance. District and Town shall each carry public liability insurance with aggregate limits of not less than $5,000,000 covering their own activities and the activities of invitees and third parties during such times as District and Town have the right to utilize the facilities. 5. Insurance. When requested by the other Party, each Party shall provide proofto the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance covering the acts and omissions of the party and its invitees. 6. Use of Project Facilities. a. Use of Facilities. The facilities constructed pursuant to the Saguaro Springs Plan shall be used as follows: 1. The Parking lot adjacent to the school is to be used by District during school hours, summer activities and after school activities. Parking within this lot shall be available for Town at all other times. 11. The Parking and Access lane is primarily available for public use and may be used by the District as needed for after-school activities. 111. The Sports fields; District shall coordinate the programming of field usage with Town. {00004086.DOC I} 4 61712007 CIH b. Scheduling. Town shall maintain a master schedule for use of the Project facilities and execute use agreements with each user group or league for use of the facilities. When the facilities are being used for District's school purposes, they shall be under the District's control. When the facilities are not being used for District purposes, Town shall, pursuant to its normal policies relating to use of recreational areas it owns or controls make the facilities available to other persons and organizations, and to the general public. 7. Maintenance. a. District shall maintain and repair the parking lot adjacent to the school, the basketball courts and the multi-use field located on the school's parcel. District shall pay for water, power and other utilities for this portion ofthe facilities. b. Town shall maintain and repair all grounds and facilities outside the school parcel area including the sports fields, public restrooms and play yards. Town shall pay for water and power for this portion ofthe facilities. 8. Term and Termination of the Agreement. a. Effective date. The Agreement shall become effective on the date it is recorded with the Pima County Recorder. b. Term. To the extent permitted by law, the Agreement shall remain in effect for 25 years following the date of completion of construction of the Project, unless terminated earlier according to the terms of the Agreement. The Parties may extend the term for an additional twenty-five years by giving the other Party written notice of such renewal during the last year of the initial term. c. Termination. 1. For cause. A Party may terminate this Agreement for material breach of the Agreement by the other Party. Prior to any termination under this paragraph, the Party allegedly in default shall be given written notice by the other Party of the nature of the alleged default. The Party said to be in default shall have 45 days to cure the default. If the default is not cured within that time, the other Party may terminate this agreement. Any such termination shall not relieve either Party from liabilities or costs already incurred under this Agreement. 11. At will. Following construction of, and at least one year of operation of, the Project, the Agreement may be terminated by either Party by giving sixty days written notice. Such termination shall not relieve {OOO04086.DOC I} 5 6/712007 CIH either Party from those liabilities or costs already incurred under this Agreement. iii. Conflict of Interest. The Agreement is subject to the provisions of A.R.S. S 38-511 which provides for cancellation of contracts in circumstances involving conflicts of interest. IV. Non-appropriation. It is acknowledged that all obligations of the Parties to make payments to or to incur costs for the specified project shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. Notwithstanding any other provision include herein, the Agreement may be terminated if for any reason the Town Councilor District Board does not appropriate sufficient monies for the purpose of maintaining this Agreement. v. Legal authority. Neither party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into this Agreement, or any part of it, then this Agreement, 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. VI. Ownership of property upon termination. Any termination of this Agreement shall not relieve any party from liabilities or costs already incurred under this Agreement. Any usable personal property, real property and fixtures thereto acquired for purposes of this Agreement shall be property of the underlying property owner at termination of this Agreement. 9. Indemnification. a. Mutual Indemnity. To the fullest extent permitted by law, each Party shall indemnify, defend and hold the other Party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys', consultants' and accountants' fees or costs and expenses of whatsoever kind or nature, resulting from or arising out of any act or omission of the indemnifying Party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. {00004086.DOC /} 6 61712007 CIH b. Preexisting conditions. To the fullest extent permitted by law, each Party to this Agreement shall indemnify, defend and hold the other Party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above in Paragraph 9.a, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originating from property owned or controlled by the indemnifying Party prior to the execution of this Agreement. c. Notice. Each Party shall notify the other in writing, within thirty (30) days ofthe receipt of any claim, demands, suits or judgments against the receiving Party for which the party intends to invoke the provisions of this Article. Each Party shall keep the other Party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. d. Negligence of indemnified Party. The obligations under this Article shall not extend to the negligence of the indemnified Party, its agents or employees. e. Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. 10. Fiscal Agent. Town shall serve as fiscal agent for the design and construction phase of the Project. 11. Notification. All notices or demands upon any party to the Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: To District: To Town: District Superintendent Marana Unified School District 11279 West Grier Road Marana, AZ 85653 Director Town of Marana Parks and Recreation 13291 North Lon Adams Road Marana, AZ 85653 12. Construction of the Agreement. a. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. The Agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. {00004086.DOC /} 7 6/7/2007 CIH c. Construction and Interpretation. All provisions of the Agreement shall be construed to be consistent with the intention ofthe Parties as expressed in the recitals hereof. d. Captions and Headings. Captions and headings are for index purposes only and shall not be used in construing the Agreement. e. Severability. In the event that any provision of the Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect in other provisions and their application which can be given effect without the invalid or void provisions or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of the Agreement is declared invalid or void, the Parties agree to meet promptly upon request of the other party in an attempt to reach and agreement on a substitute provision. 13. Legal Jurisdiction. Nothing in the Agreement shall be construed as wither limiting or extending the legal jurisdiction of Town or District. 14. No Joint Venture. It is not intended by the Agreement to, and nothing contained in the Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer / employee relationship between the District and any Town employees, or between the Town and any District employees. Neither 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. 15. Worker's Compensation. An employee of either District or Town shall be deemed to be an "employee" of both public agencies while performing pursuant to the Agreement, for the purposes of A.R.S. ~ 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any worker's compensation benefits which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. ~ 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 16. No Third Party Beneficiaries. The Agreement is not intended to and shall not create any right in any person or entity as a third party beneficiary. {OOO04086.DOC I} 8 6/7/2007 CIH 17. 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 the Agreement. a. Anti-discrimination. The provisions of A.R.S. ~ 41-1463 and Executive Order Number 994 issued by the Governor of the State of Arizona are incorporated by this reference as a part of the Agreement. b. Americans with Disabilities Act. The Agreement is subject to all applicable provisions of the Americans with Disabilities Act. Public Law 101-336,42 D.S.C. 12101-12213 and all applicable federal regulations under the Act including 28 CFR Parts 35 and 36. 18. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. 19. Force Majeure. A party shall not be in default under the Agreement if it does not fulfill any of its obligations under the Agreement because it is prevented or delayed in doing so by some reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of the Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 20. Remedies. Either party may pursue any remedies provided by law for the breach of the Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of the Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. {OOO04086.DOC /} 9 6/7/2007 CIH Town of Marana By: Mayor ATTEST: Jocelyn Bronson, Town Clerk ApPROVED AS TO FORM: Frank Cassidy, Town Attorney {00004086.DOC I} Marana Unified School District By Title 10 6/7/2007 CIH A TTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and the Marana Unified School District have determined, each as to their respective client only, that this IGA is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana and the Marana Unified School District. Town of Marana Marana Unified School District Frank Cassidy, Town Attorney Attorney for the District {00004086.DOC I} 11 61712007 CIH ._-'-"-'~_--"-~~"""""'w..~_"'-';~'''"''_"~._''~A~_"_",,___,,~,~_~,,^ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 12, 2007 AGENDA ITEM: D.3 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Resolution No. 2007-100: Relating to Parks and Recreation; ap- proving and authorizing the License Agreement between the Town of Marana, the Marana Unified School District and the developer of the Saguaro Springs Master Planned Community to facilitate construction of the park facility to be located adjacent to the pro- posed Saguaro Springs Elementary School. DISCUSSION The Development Agreement for the Saguaro Springs Master Planned Community provides that the developer shall construct a public park facility and parking and access lane adjacent to the proposed school site. In order for the developer to be able to complete this project it may be necessary to have access on to the property owned by the Marana Unified School District (MUSD) which is the location of the proposed Saguaro Springs Elementary School. In addition, continuing discussions regarding the design of the public park facility may result in a portion of the park extending onto or being located on the adjacent MUSD property. This proposed license agreement between MUSD, the Town of Marana and the developer will give the developer that necessary access on to the adjacent MUSD property so that he might be able to complete the construction as required by the Development Agreement. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-100 approving and authorizing the License Agreement between the Town of Marana, the Marana Unified School District and the developer of the Saguaro Springs Master Planned Community for the construction of the park facility. A TT ACHMENT(S) License Agreement SUGGESTED MOTION I move to adopt Resolution No. 2007-100. {00005160.DOC /} CIH 6/07/07 MARANA RESOLUTION NO. 2007-100 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE LICENSE AGREEMENT BETWEEN THE TOWN OF MARANA, THE MARANA UNIFIED SCHOOL DISTRICT AND THE DEVELOPER OF THE SAGUARO SPRINGS MASTER PLANNED COMMUNITY TO F ACILIT A TE CONSTRUCTION OF THE PARK FACILITY TO BE LOCATED ADJACENT TO THE PROPOSED SAGUARO SPRINGS ELEMENTARY SCHOOL. WHEREAS the Development Agreement for the Saguaro Springs Master Planned Community, recorded at book 12278 page 3092, Pima County Recorder's Office, provides that the developer shall construct a public park facility and parking and access lane adjacent to the proposed school site; and WHEREAS the Marana Unified School District is authorized by A.R.S. S 15-364(A) to enter into agreements with the Town providing for the constructi'on, development, cooperative maintenance, operation and use of joint use community parks on properties used for school purposes and under the control of the District; and WHEREAS in order to complete the project, the developer may need to have access on to the property owned by the Marana Unified School District (MUSD) which is the location of the proposed Saguaro Springs Elementary School; 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 license agreement between the Town of Marana, the Marana Unified School District and the developer of the Saguaro Springs Master Planned Community attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the license agreement. {00005161.DOC /} CIH 6/07/07 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00005161.DOC /}License Agreement re Saguaro Springs Elementary Park (00005161).DOC 040608 FJClcds 2 LICENSE AGREEMENT BETWEEN TOWN OF MARAN A, MARANA UNIFIED SCHOOL DISTRICT AND SAGUARO RESERVE, LLC. THIS AGREEMENT is made by and between the Town of Marana, an Arizona municipal corporation (Town) and the Marana Unified School District, an Arizona unified school district (District), and Saguaro Reserve LLC, a Delaware limited liability company, (Licensee) (collectively the Parties). 1. Purpose of Agreement and License. This Agreement is to provide Licensee, pursuant to Town of Marana Ordinance number 2007._ and an existing Development Agreement, recorded at Book 12278, page 3092, both incorporated herein by this reference, access tothe property designated for the Saguaro Springs Elementary School and community park ("Premises"). 2. Ownership. The Premises are owned by the Town and the District. No permanent structure may be built by Licensee on the Premises without prior written approval ofthe Town and District and any permanent structure built on the Premises becomes the property of the Town and District without compensation to Licensee or its agent. 3. Terms and Conditions. The term of this Agreement shall be as dictated in the Development Agreement, and renewable, if needed, by the Town Council. 4. Non-Assignment. This Agreement mayrtot be assigned by Licensee nor shall Licensee grant any license in connection with the Premises Without prior consent and written approval of the Town and District. 5. Inspection. Town and District shall have the right at all reasonable times to inspect the Premises and to require Licensee to correct any unsatisfactory conditions relative to the construction of the Premises in collformance with the provisions of this Agreement and the Marana Town Code. 6. Indemnification. Licensee shall indemnify, defend and hold harmless the Town and District, theirdepattments, officers, employees and agents from, for, and against any and all claims, suits, actions, Jegal proceedings, administrative proceedings, demands, losses or expenses, iQ.9Iud~g reasonable attorney's fees, which are attributable to any negligent act or omission of Licensee, its employees, agents, contractors, subcontractors, invitees, volunteers or anyon.e acting under Licensee's direction, control or on its behalf or anyone employed by them. 7. Insurance. Insurance coverage shall be provided by both the Town and Licensee as follows: A. Licensee shall maintain through the life of this Agreement, comprehensive, general, and commercial liability insurance in an amount no less than $1,000,000 combined single limit for bodily injury and property damage. Coverage is to include the Premises and operations, independent contractors, products and contractual liability. Licensee shall maintain automobile insurance for owned, non-owned and hired vehicles in an amount no {00004229.DOC /} SAGUARO SPRINGS LICENSE - 1 - 03/15/2007 CIH less than $1,000,000.00 combined single limit or $1,000,000.00 bodily injury and $100,000.00 property damage. B. Town and District shall be named as additional insured on all said insurance certificates, policies, binders or agreements. All insurance certificates, policies, binders or agreements shall provide for a guaranteed minimum 30 days notice of any cancellation, non- renewal or material change that could affect Town or District. Any language to the contrary or language that could modifY these requirements shall be deleted from any said certificate, policy, binder or agreement. Town and District shall have the right at any time to review the form and amount of insurance coverage. If, in the opinion of the Town or District, th~ provisions of any said insurance certificate, policy, binder or agreement do not provide adequate coverage or protection for the Parties, the Town and/or District shall require Licensee to obtain additional insurance coverage in a form and amount that, in the opinion of the Town and/or District, will provide such adequate protection. Town and/or District shall notifY Licensee in writing of any changes in these insurance requiretnen~!:i. Licensee shall deposit copies of acceptable insurance certificates, policies, binders or agreements with the Town within 15 days of execution ofthis Agreement. 8. Compliance with Laws. Licensee shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders withoutlimitation. 9. Liens. The Licensee shall not cause or permit any liens to be placed upon the Premises. 10. Law to Govern. This Agreement will be governed by the laws ofthe State of Arizona, statutory and decisional, both as to interpretation and performance. The Parties consent to personal jurisdiction in Arizona, and venue for any action to enforce this Agreement shall be in Pima County, Arizona. 11. Mediation. If there is ad~!:ipute between the parties arising from the interpretation or enforcement of this Agr~lllent, the Parties agree that they shall first attempt to resolve the dispute through mediation priorto filing a lawsuit. In the event mediation fails to resolve the dispute and eit4erParty brings an action to interpret this Agreement or to enforce any right which such Party lllllY have hereunder, or in the event an appeal is taken from any judgment or decree of a trial court, the Party ultimately prevailing in such action will be entitled to receive from the other Partyiw costs. and reasonable attorney's fees incurred, in an amount to be determined by the~purt in wlrich such action is brought. 12.S~vel,"ability. If any provision of this Agreement is declared illegal, void or unenforcellble, the remaining provisions will not be affected and will remain in full force and effect. 13. Right to Require Performance. The failure of either Party at any time to require performance by the other Party of any provisions of this Agreement will in no way affect the right of that Party thereafter to enforce the same. No waiver by either Party of any breach of any of the provisions of this Agreement will be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any other provision. The acceptance by either Party of any {00004229.DOC /} SAGUARO SPRINGS LICENSE - 2 - 03/1512007 ClH "~. '_.~~...~-.....__"..,,,.~"""_~_~_~,..'w.~.~...._ sum less than may be due and owing to it at any time shall not be construed as an accord and satisfaction of any amount outstanding. 14. Headings. The headings used herein are for convenience only and are not to be construed as part of this Agreement. 15. Nondiscrimination. Neither Licensee nor Town will, in the performance of this Agreement, discriminate or knowingly permit discrimination against any person on aqqount of race, sex, handicap, age, color, national origin, political or religious opinion or affiliation. 16. No warranty. Town and District do not warrant their powers or right to enter into this Agreement and, ifthe same is destroyed or limited by court action initiated bYlmy third party or third person, there shall be no liability of the Town or District to Licensee by reaspn of such action or by reason of this Agreement. 17. Conflict of Interest. This Agreement is subject to the provisions ofA.R.s. ~ 38-511 relating to conflicts of interest. 18. Completeness of Agreement. This AgreemeJ.lt contains all the terms and conditions of the contract between the Parties and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the Parties to this Agreement. There are no other understandings, representations or agreements, written or oral, not incorporated herein. 19. Termination. If, in the judgment of the TOWJ.l,Licensee does not perform in accordance with the conditions of this Agreement,. or if Licensee is in default of any provision of this Agreement, Town shall give Licensee wtitten notice specifying the nature of the nonperformance or default. If, after receipt of such written notice, Licensee fails to diligently pursue rectification or correction of said nonperformance or breach, Town may terminate this Agreement or refuse further agreements by giving 30 days written notice prior to the effective date oftermination. 20. Notices. Any notice of communication required or permitted to be given pursuant to this Agreement shall be givenin writing and shall be served by registered or certified United States mail upon eit}IefParty. WIlen served by registered mail, service shall be deemed conclusively made 48 hotir~after posting same in the United States mail, postage prepaid, addressed to the Party such notice is to be given as hereinafter provided. To Town: Parks and Recreation Department Tom Ellis, Director Town of Marana 13251 North Lon Adams Road Marana, Arizona 85653 With a COpy to: Marana Town Attorney Marana Legal Department 11555 N. Civic Center Road Marana, Arizona 85653 {00004229.DOC /} SAGUARO SPRINGS LICENSE - 3 - 03/15/2007 CIH To District: To Licensee: With a COpy to: {00004229.DOC /} SAGUARO SPRINGS LICENSE Marana Unified School District c/o District Superintendent 11279 West Grier Road Marana, AZ 85653 Saguaro Reserve LLC c/o Brian Rhoton, VP Acquisition and Entitlement Empire Companies Arizona 3001 N. Main Street, Suite IB Prescott Valley, Arizona 86314 Gallagher & Kennedy, P .A. 2575 E. Camelback Rd. Phoenix, Arizona, 85016 A TTN: Dana Belknap - 4 - 03/15/2007 ClH IN WITNESS WHEREOF, the Parties have executed this Agreement at Marana, Arizona on the day and year first above written. . TOWN OF MARANA, an Arizona municipal corporation Marana Unified School District, an Arizona unified school district By: By: Its: Its: Date: ATTEST: Date: SAGUARO RESERVE LLC, a Delaware limited liability cOmpany By: Jocelyn C. Bronson, Town Clerk ApPROVED AS TO FORM: Its: Date: Frank Cassidy, Town Attorney STATE OF ARIZONA ) COUNTY OF PIMA ) by ACKNQWLEOGED before me this _ day of ,the ,2007, of Saguaro Reserve LLC. Seal Notary Public {00004229.DOC /} SAGUARO SPRINGS LICENSE - 5 - 03/15/2007 CIH TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 12,2007 AGENDA ITEM: D.4 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Resolution No. 2007-101: Relating to Parks and Recreation; ap- proving and authorizing the intergovernmental agreement be- tween the Town of Marana and the Marana Unified School Dis- trict for the construction, operation and maintenance of the com- munity recreation facility to be built on the property located at 10050 N. Coachline Boulevard, in Continental Ranch, Marana. DISCUSSION - The Town of Marana and the Marana Unified School District recognize the importance of parks and-community facilities. The Town of Marana and the Marana Unified School District desire to establish an understanding as related to the construction, development, cooperative maintenance, operation and use of a Community Recreational Facility to be located at 10050 N. Coachline Boulevard in Continental Ranch, Marana. The property is currently owned by the School district who, once the Facility has been constructed, desires to permit the use of its property by Town who shall implement programs for child care, teen after-school programs, and adult leisure classes. This proposed intergovernmental agreement between MUSD and the Town sets forth the criteria which the parties will follow for the design, construction, development, cooperative mainte- nance, operation and use of the facilities. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-101, approving and authorizing the Inter- governmental Agreement between the Town of Marana and the Marana Unified School District for the cooperative maintenance ofthe community facility. A TT ACHMENT(S) Town of Marana and Marana Unified School District intergovernmental agreement SUGGESTED MOTION I move to adopt Resolution No. 2007-101. {00005165.DOC /} CIH 6/07/07 MARANA RESOLUTION NO. 2007-101 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE COMMUNITY RECREATION FACILITY TO BE BUILT ON THE PROPERTY LOCATED AT 10050 N. COACHLINE BOULEVARD, IN CONTINENTAL RANCH, MARANA. WHEREAS the Town of Marana and the Marana Unified School District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. S 11-951, et seq.; and WHEREAS the Town of Marana is authorized by A.R.S. S l5-364(B) to expend public monies and enter into agreements with the Marana Unified School District for the construction, development, cooperative maintenance, operation and use of joint use recreational facilities on properties used for school purposes; and WHEREAS the Marana Unified School District is authorized by A.R.S. S l5-364(A) to enter into agreements with the Town of Marana providing for the construction, development, cooperative maintenance, operation and use of joint use recreational facilities on properties used for school purposes and under the control of the School District; and WHEREAS the Town of Marana and the Marana Unified School District desire to establish an understanding as related to the construction, development, cooperative maintenance, operation and use of a Community Recreational Facility to be located on property owned by the School district; 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 intergovernmental agreement between the Town of Marana and the Marana Unified School District attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives ofthe intergovernmental agreement. {000051MDOC /} CIH 6/07/07 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00005/64.DOC /}MUSD IGA re Coachline Community Center (00005164).DOC 040608 FJC/cds 2 Intergovern~entali\gree~ent Between Town of Marana and Marana Unified School District for Construction, Operation and Maintenance of Co~~unity Recreational Facility at 10050 N. Coachline Boulevard in Continental Ranch This Intergovernmental Agreement (the Agreement) is entered into between Town of Marana, an Arizona municipal corporation (Town) and the Marana Unified School District, an Arizona unified school district (District). Recitals A Town and District (the Parties) may contract for services and enter into agreements with one another for joint or cooperative action pursuant to AR.S. S 11-951, et seq. B. The District is authorized by AR.S. S 15-342(13) to enter into intergovernmental agreements and contract with other governing bodies as provided in AR.S. S 11- 952. C. The Town is authorized by A.R.S. S l5-364(B) to expend public monies and enter into agreements with the District for the construction, development, cooperative ~aintenance, operation and use of joint use recreational facilities on properties used for school purposes. D. The District is authorized by A.R.S. S l5-364(A) to enter into agreements with the Town providing for the construction, development, cooperative maintenance, operation and use of joint use recreational facilities on properties used for school purposes and under the control of the District. The District may expend public monies for the construction and development of such joint use recreational facilities in cooperation with the Town. E. The District is authorized by AR.S. S 15-363 to contract with Town for the purpose of providing joint use recreational facilities and may organize and conduct such recreation activities which contribute to the physical, mental and moral welfare of youth residing in the vicinity. F. Town and District desire to provide an understanding for the construction, development, cooperative maintenance, operation and use of a Community Recreational Facility (the Facility). The Town shall provide funding for its design, construction, operation, and programming. G. Following construction ofthe Facility, the District desires to permit the use of its property by Town who shall implement programs for child care, teen after-school programs, and adult leisure classes. H. Town and District agree that Town shall design, construct and maintain the Facility. Agreement 1. Purpose. The purpose of the Agreement is to set forth the responsibilities of the Parties for the design, construction, maintenance, operation and use of the Facility and to address legal and administrative matters between the Parties. The foregoing recitals are hereby incorporated as though fully set forth herein. 2. Facility. The Facility to be constructed, maintained and operated pursuant to this Agreement is a Community Recreation Building, associated parking, landscaping and trailhead amenities for the Santa Cruz Linear Boulevard all to be located at the property owned by District at 10050 N. Coachline Road in Continental Ranch. Use ofthe Facility shall be primarily determined by Town for child care, teen after-school programs, and adult leisure classes. 3. Funding of Projects. The final cost of the construction of the Facility shall be that necessary to complete the Facility, primary Facility costs, and any change orders or supplemental written agreements approved by Town for unanticipated work. Town shall pay any and all costs of the Facility that are approved in writing by Town and District. 4. Design and Construction Responsibilities. a. Facility Scope. Town and District shall mutually identify the key elements of Facility and Facility priorities. At a minimum, the Facility shall include a 6500 square foot community building, associated parking, landscaping, and trailhead amenities for the Santa Cruz Linear Park to the north. Costs will include architectural, engineering, construction, utility relocation and installation and equipment costs needed for the completion and start up of the Facility. . b. Design and construction. Town is hereby authorized to design and construct the Facility. 1. Design. If consultants are employed to design the Facility, Town shall prepare the contracts for design and choose the consultants. Town shall have the usual rights of the owner of a public design contract, including the authority to approve changes and make payments. District shall have the right to review all plans and specifications for construction as set forth in paragraph 4.g and to reject construction elements which will be constructed on District property on the basis of safety concerns, potential interference with District uses of the property or long-term maintenance cost considerations. {00OO4068.DOC I} 2 ClH 5/8/07 11. Construction. Town shall advertise, award, execute and administer construction contracts for the Facility. Town shall have the usual rights of the owner of a public construction contract, including the authority to make changes. c. Utilities. Town shall coordinate all utility relocations within the Facility boundaries. Town shall also be responsible for procuring any new electrical service or other utilities. Town shall ensure that all utilities for the facility are metered separately from any District facilities. d. Public participation. Town shall manage all public participation processes deemed necessary by Town and District for design and construction of the Facility. e. District participation. Town shall provide District the opportunity to participate in and provide approval of all major items that affect the design of the Facility. District shall meet with Town to coordinate recreational facility design standards of Town and District. f. Point of Contact. District and Town shall each, in writing, provide a single point of contact for these projects; these individuals will be the Director of Maintenance for the District and the Park Superintendent for Town. g. Construction drawings and specifications. Following completion of the Facility designs, Town shall provide the construction drawings and specifications to District for comment. District shall review and comment on all engineering studies, technical data and specifications provided by Town for the design and construction ofthe Facility under a schedule determined by Town and District to ensure timely progress on and completion of improvements. In no event, however, shall District have less than ten (10) working days to review and comment, unless mutually agreed by the Parties in writing. h. Town inspection and approval. Town shall inspect construction and approve the completed Facility. District shall allow Town personnel and contractors access to the Facility sites before, during and after construction. 1. Continued ownership and operation. District shall not dispose of or encumber its title or other interests in the Facility as long as this agreement is in force. J. Insurance. 1. Repair and replacement. Town agrees to insure or self-insure the Facility against hazards and to repair or replace it if damaged or destroyed. {00004068.00c I} 3 CIH 5/8/07 11. Liability insurance. District and Town shall each carry public liability insurance with aggregate limits of not less that Five Million Dollars ($5,000,000) covering their own activities and the activities of invitees and third parties during such times as District and Town have the right to utilize the Facility. 5. Insurance. When requested by the other party, each party shall provide proofto the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance covering the acts and omissions of the party and its invitees. 6. Use of Facility. a. The Facility shall be used as follows: 1. Community building shall be used for Town of Marana parks and recreation programming. 11. Trailhead improvements shall be established to facilitate access to the Santa Cruz Linear Park. b. Fees. Town shall, at its discretion, collect fees for programs operated within the Facility. Town shall not charge District for use of the Facility. 7. Maintenance. Town shall maintain the Facility and all structures, parking areas and grounds associated thereto. Town shall pay for water, power and other utilities associated with the Facility. 8. Term and Termination of the Agreement. a. Effective date. The Agreement shall become effective following execution and approval by the governing bodies of the Parties, and on the date it is recorded with the Pima County Recorder. b. Term. To the extent permitted by law, the Agreement shall remain in effect for twenty-five years following the date of completion of construction ofthe Facility, unless terminated earlier according to the terms of the Agreement. Town may extend the term for an additional twenty-five years by giving District written notice of such renewal during the last year of the initial term. c. Termination. 1. For cause. A party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If {00004068.DOC I} 4 CIH 5/8/07 {OOO04068.00C I} the default is not cured within that time, the other party may terminate this agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 11. At will. Following construction of, and at least one year of operation of, the Facility, the Agreement may be terminated by either party by giving sixty days written notice. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. 1) If District terminates the Agreement under this Paragraph 8.c.ii, District shall pay Town the sum determined by multiplying the total cost of improvements paid by Town times the fraction where the number of years remaining on the initial term ofthe Agreement is the numerator and twenty-five (25) is the denominator, as compensation for improvements made by Town. 2) If Town terminates the Agreement under Paragraph 8.c.ii, prior to expiration of the term hereof, District shall not be required to pay Town for any improvements made hereunder. iii. Conflict of Interest. The Agreement is subject to the provisions of A.R.S. S 38-511 which provides for cancellation of contracts in circumstances involving conflicts of interest. iv. Non-appropriation. It is acknowledged that all obligations of the Parties hereunder to make payments to or to incur costs for the specified projects shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. Notwithstanding any other provision include herein, the Agreement may be terminated if for any reason the Town Councilor District Board does not appropriate sufficient monies for the purpose of maintaining the Agreement. v. Legal authority. Neither party warrants to the other its legal authority to enter into the Agreement. If a court, at the request of a third person, should declare that either party lacks authority to enter into the Agreement, or any part of it, then the Agreement, 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. VI. Ownership of property upon termination. Any termination of the Agreement shall not relieve any party from liabilities or costs already incurred under the Agreement. Any usable personal property, real 5 CIH 5/8/07 property and fixtures thereto acquired for purposes of the Agreement shall be the property of the District at termination of the Agreement. 9. Indemnification. a. Mutual Indemnity. To the fullest extent permitted by law, each party to the Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultants and accountant's fees or costs and expenses of whatsoever kind or nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. b. Preexisting conditions. To the fullest extent permitted by law, each party to the Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any claims and damages, as fully set out above in Paragraph 9.a, resulting from or arising out ofthe existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in or below or originating from property owned or controlled by the indemnifying party prior to the execution of the Agreement. c. Notice. Each party shall notify the other in writing, within thirty (30) days of the receipt of any claim, demands, suits or judgments against the receiving party for which the party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. d. Negligence of indemnified party. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. e. Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of the Agreement. 10. Fiscal Agent. Town shall serve as fiscal agent for the design and construction phase ofthe Facility project. 11. Notification. All notices or demands upon any party to the Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: {OOO04068.00C I} 6 CIH 5/8/07 To District: To Town: District Superintendent Marana Unified School District 11279 West Grier Road Marana, AZ 85653 Director Town of Marana Parks and Recreation 13251 North Lon Adams Road Marana, AZ 85653 12. Construction of the Agreement. a. Entire Agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. The Agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. c. Construction and Interpretation. All provisions of the Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof. d. Captions and Headings. Captions and headings are for index purposes only and shall not be used in construing the Agreement. e. Severability. In the event that any provision of the Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provisions or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of the Agreement is declared invalid or void, the Parties agree to meet promptly upon request of the other party in an attempt to reach and agreement on a substitute provision. 13. Legal Jurisdiction. Nothing in the Agreement shall be construed as either limiting or extending the legal jurisdiction of Town or District. 14. No Joint Venture. It is not intended by the Agreement to, and nothing contained in the Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer / employee relationship between the District and any Town employees, or between the Town and any District employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever ofthe other, including (without limitation) the other party's obligation to withhold social security and income taxes for itself or any of its employees. {00004068.DOC I} 7 CIH 5/8/07 15. Worker's Compensation. An employee of either District or Town shall be deemed to be an "employee" of both public agencies while performing pursuant to the Agreement, for the purposes of A.R.S. ~23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any worker's compensation benefits which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. ~ 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 16. No Third Party Beneficiaries. The Agreement is not intended to and shall not create any right in any person or entity as a third party beneficiary. 17. 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 the Agreement. a. Anti-discrimination. The provisions of A.R.S. ~ 41-1463 and Executive Order Number 994 issued by the Governor of the State of Arizona are incorporated by this reference as a part of the Agreement. b. Americans with Disabilities Act. The Agreement is subject to all applicable provisions of the Americans with Disabilities Act, Public Law 101-336,42 D.S.C. 12101-12213 and all applicable federal regulations under the Act including 28 CFR Parts 35 and 36. 18. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach ofthe same or any other term, covenant or condition herein contained. 19. Force Majeure. A party shall not be in default under the Agreement ifit does not fulfill any of its obligations under the Agreement because it is prevented or delayed in doing so by some reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose ofthe Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any {00004068.00C I} 8 CIH 5/8/07 government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 20. Remedies. Either party may pursue any remedies provided by law for the breach of the Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of the Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. Town of Marana MaranaUnified School District By: Mayor Ed Honea By Title ATTEST: Jocelyn Bronson, Town Clerk ApPROVED AS TO FORM: Cedric Hay, Senior Asst. Town Attorney {00004068.DOC /} 9 CIH 5/8/07 INTERGOVERNMENTAL AGREEMENT DETERMINA nON The foregoing Intergovernmental Agreement between the Town of Marana and the Marana Unified School District has been reviewed pursuant to A.R.S. S 11-952 by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party represented by himlher. Town of Marana Marana Unified School District Cedric Hay Senior Asst. Town Attorney Attorney for the District {00004068.00C I} 10 CIH 5/8/07 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 12, 2007 AGENDA ITEM: D.S TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works SUBJECT: Resolution No. 2007-102: Relating to Public Works; supporting the selection of Interstate 10 as a federally designated Corridor of the Future. DISCUSSION The United States Department of Transportation (USDOT) has created a highway enhancement funding program called the "Corridor of the Future" program and is inviting proposals from state and local governments for innovative technologies to facilitate overland freight traffic and improve overall highway safety for those multi-state corridors that are designated a "Corridor of the Future. The Interstate 10 (1-10) Corridor from California to Florida, which crosses the state of Arizona and the Town of Marana, has made the semi-final list for federal appropriations from the Congressional 2009 Reauthorization Bill and is one of two east-west routes on the list from which five corridors will be selected. The designation of 1-10 as a Corridor of the Future will increase the opportunity to obtain federal support for improvements to 1-10 which would improve east-west freight travel, enhance highway safety, and boost Southern Arizona's economy. This Resolution will enable the Town of Marana to join key stakeholders throughout the state of Arizona who are lending their support to this effort, including the board for the Arizona Department of Transportation, other local municipalities, counties, and other councils of government. RECOMMENDATION Staff recommends Mayor and Council approve this resolution supporting the 1-10 proposal in the Corridors of the Future program. SUGGESTED MOTION I move to adopt Resolution No. 2007-102. {00005162.DOC I} CIH 06/07/07 MARANA RESOLUTION NO. 2007-102 RELATING TO PUBLIC WORKS; SUPPORTING THE SELECTION OF INTERSTATE 10 AS A FEDERALLY DESIGNATED CORRIDOR OF THE FUTURE. WHEREAS the U.S. Department of Transportation (USDOT) wishes to expand and develop multi-state corridors that experience a high volume of freight traffic; and WHEREAS the USDOT has created a highway enhancement funding program called the "Corridor of the Future" program and is inviting proposals from state and local governments for innovative technologies to facilitate overland freight traffic and improve overall highway safety for those multi-state corridors that are designated a "Corridor of the Future;" and WHEREAS the Interstate 1 0 (1-10) Corridor from California to Florida, which crosses the State of Arizona and the Town of Marana, has made the semi-final list for federal appropriations from the Congressional 2009 Reauthorization Bill and is one of two east-west routes on the list from which five corridors will be selected; and WHEREAS the designation of 1-10 as a Corridor of the Future will increase the opportunity to obtain Federal support for improvements to 1-10 which would improve east-west freight travel, enhance highway safety, and boost Southern Arizona's economy; and WHEREAS the Town of Marana is substantially affected by the movement of freight traffic along 1-10 and would benefit from the designation ofI-I0 as a Corridor ofthe Future, NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA strongly support the designation ofI-I0 as a Corridor of the Future and authorize the submission of an application to the U.S. Department of Transportation requesting such designation. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks necessary and desirable to give effect to this Resolution. {00005159.DOC /} CIH 5/25/07 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of June, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Cedric Hay, Senior Assistant Town Attorney {00005159.DOC /IF ederal Designation of 1-10 as a Corridor of the Future (00005159 ).DOC 040608 FJC/cds 2 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 24, 2007 PLACE AND DATE Marana Municipal Complex - 2nd Floor Conference Center A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 6:00 p.m. D. DISCUSION/POSSIBL COUNCIL Ed Honea Herb Kai Russell Clanagan Roxanne Ziegler Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Memb STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Erik Montague Present Present Present esent sent L ORDER OF BUSINESS 1. Relating to tge FY 2008 Budget: Presentation and discussion of the preliminary departmental expenditure allocations/personnel/operating costs (Erik Montague) Mr. Reuwsaat noted that more detail is being provided this year per new budget guidelines. Due to the late delivery of agenda materials, he doesn't expect detailed feedback. Tentative budget adoption and final adoption are scheduled for June. Erik Montague presented a power point with 2008 Budget Preliminary Allocations, the preliminary, FY 2008 Departmental Request Summary Report, and a copy of the proposed final budget. He noted that significant procedural changes were made this year. 1 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 24, 2007 Council Member Comerford arrived on the dais at 6:15 p.m.. Mr. Montague noted funding considerations - revenues: Budget policy regarding general fund balance: 25% target of budgeted revenues. Council Member Ziegler asked if there a list of what can be funded with the 25%? Is it the rainy day fund? Mr. Montague responded that the fund balance not a set-asi The recommended practice is to be at 15%. We're at 4 there. Any portion of fund reserves may be appropria Our bond rataing is AA. ut we don't expect to stay Mr. Reuwsaat noted that $2.5 million will be us Mr. Montague noted with regard to fix~ s thatthere is a decl ..~/jIl.)DIFs and permits. Tried to fund employee compe' packa.ge. With the A~~S move and health care increase of just over 6%, the Town absorb those costs. $280K increase for health care. ASRS will increase 1.2% = $200K. .... Mr. Reuwsaat noted that the poli employee costs will be $580K. Ire dy in that system. Total Mr. Montague noted a 4% to 9.6% e ....lo.lf Ution increase, i.e. 5.6% increase in salaries to defray cost as possible. Merit increase recommended for January 1, 2008 at 2.5~;i~ot reco ending a COL.A this year. Overall, there may be a slight net decline in emplQy((e salar STEP progi" be maintained for police. ;;)(',:E}': Public Works allocati~> t~;~ projects - capitalized cost of the capital proj~()ts. i.T id-yeat'p~used by 3 new CIP positions and a new methodology. plemental S = $l1M (36 r the budget p y/ 126irequests; 109 recommended for approval. Mid-year 20 sification requests; 52 non=-personnel requests. Try to deal with ess, but we did add the CIP personnel. pres ed and Mssrs. Reuwsaat and Davidson and other staff supplied ion on each of the categories. Mr. Montagu referred to the Departmental Request Report, aggregated by department. General governmental goal is to allocate costs to department but there are certain costs that are generic. But most will be allocated out. Example: janitorial services will be allocated. Also, jail. Insurance is a large general governmental cost. Total is $1.1M increase is due to insurance. Underinsured reserve is added. Vice Mayor Kai asked if we looking to increase deductibles. Mr. Montague responded yes, but this increase adds insurance reserves. And covers unintended consequences. 2 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 24, 2007 Mr. Reuwsaat cited an example of the 2006 flood where Operations got contingency funding, noting that all contingency requires Council approval. Additional capacity needs to be approved. T. Van Hook noted that FEMA reimbursement lags by several years; many activities can never be recovered. Probably 75% will be reimbursed. Mayor and Council: Supplemental benefits. Town Clerk: CRW license at $8K, but not funded. ,is1ing departments; also, 1 shift Includes full cost of Town Manager: Reallocations of personnel reclassifications. Net cost reduction due to pers benefits. Human Resources: Safety coordinator. management person. Discussed last through HR, other half to departments. Finance and Accounting: Ac plans to analyze work flow; m improve efficiencies. All of D accounting supervisor position will ting supervisor"./i~p growing town needs. Finance . temal controls po uniry re flow of cash; Services R W for tracking. This osts. n reque~t New department - some costs are housing programs to this department - out of ent; newsletter costs reduced. Will be using erly rep s. Will only do a direct mailing of the annual ort card for the public. We need to buy a page to print s and accomplishments will be covered in the annual '1 retrea e will look at these issues - i.e. how does the average Try to listen/track better. Econom Development: development ities. New department; new position to track economiC Developmenf Services: Administrator and Document imaging function. These are general reclassifications, to move people to appropriate positions. Operations and Maintenance: multiple reclassifications and adjustments and equipment necessary for street maintenance. ADOT requires us to pay for 1-10; we use inmates for this. Covers Pinal County line to Orange Grove Road. GD: This covers inmate salaries, supervisors, gas, transportation. 3 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 24,2007 Building Services: Inspector certification funding. Used to get promotion upon certification. This will fund the increase due to certifications. Also, outside plan review change of accounting practice. This just tracks something not previously tracked. Planning & Zoning: Consulting moved to engineering, to track it in the right place. Public Works: Change from part to full time. Transfer administration - moved here to help with transportation planning. Lots of transportation and planning needs; this person will track big picture and forward-thinking traD$portation planning and coordination; deal with P AG/RT A. A staff level position. N dY1U particular identified for this position. This is a manager's requested position. G.I.S.: Programmer analyst to develop programs i should be a one-time cost. perhaps Outside training/consulting reduced - vehicle/fleet outside consulting. LT.: New position; cost offset reclassification based on more eliminated as not yet needed. Pro reduce reliance on consultants. communication process. May save inter-operable agenc in the area. by eliminatl ~ consulting contract. Secretary ical duties. Ne\:V~Berating capital; example, kiosk ~ ~:nalyst needed,sQ'\Ve c have service in-house; o hardware a 1. Involved with county 50 Mptorola u grade. We're the only fully to second e. Jail cost. Some went to public safety. by vacancy . ngs. Also, got a grant to offset this - shown ers remove sed on re-prioritizations. Dispatchers not 'ta ear to warrant it. Richard Viduarri: two on 'th waitmguhtil next year. Tracker needed to identify where oving to community policing - this allows proactive bfficer resources. the Chief to analyze further and bring it back; prepare a report ek. that we are going through a complete revamp in MPD; we'll cil in a future study session; and introduce it to Council and the public. Courts: Court probation monitor; fees will partly cover. Parks - Administration: Assorted reclassifications. Context of the increases; extreme expansion of summer programs - costs and revenues. $120,000 Parks master plan study request - funded by park impact fee. Parks and Recreation: Programs connected with new Continental Reserve school. Recreation assistant updates to three-quarters time. 4 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 24, 2007 Mr. Montague noted that special events - about 60% cost recovery expected, so amount adjusted down. Mr. Reuwsaat said he is concerned about adding special events. Don't compromise quality by moving too far too fast. Mr. Montague said that the programs accounted for differently - costs of revenues reflected in the budget now. Special interest classes should Travel reimbursement is for personally-used cars. Parks - Therapeutic: Covered by grant. Parks -Seniors: Services not historically charged Water Department: Assistant Water Dir positions eliminated. One time pool of reso Airport: Maintenance and dues. Mr. Reuwsaat noted that the tOWll. getting more realistic in their requ 152 million preliminary budget t increas ($14 million) is in CIP - due to million special revenue fund for grants, (restricted funds) separately. General (33% - Ending fund balance $11.4 million balance should not be used for ongoing expenditures. mber CI gan asked to see the decision justifications which Mr. Montague rovid.. . Mr. Montague noted that in the Water Fund there is a slight change; $127,000 ending balance. With respect to the AirPort, there is a minor dip based on leasehold costs; looking to . . mcrease ongomg revenues. Mr. Montague summarized and thanked Corrie Gill. He noted that this summary is still preliminary; there is opportunity for feedback and adjustment. 5 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 24, 2007 Mr. Reuwsaat said that he expects to get the CIP to Council on Tuesday. The process is completely re-vamped. Kudos to senior staff and department heads for culture change in how we do business. E. 2. Meetings Schedule. Proposed water session next Tuesday. Critical information being development by Frank Cassidy with Si Schorr and Michael McNulty. Would like to move it to June 7. Possible Saguaro Springs financing options discussion as ei 6/5 regular or special session at 5:30 p.m. May 29 - special session - executive session dealing May 31 - CIP special session. June 5 - 5:30 p.m. special session and 7:00 June 7 - 6:00 p.m. special session, then go int slOn. June 12 -7:00 p.m. tentative bUe June 19 - 7:00 p.m. regular meeti June 26 - special meeting; final budge F. 0, seconded by Council Member McGorray, ng are the true and correct minutes of the Marana Town Council I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 6 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 29, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 6:00 p.m. COUNCIL Ed Honea Herb Kai Russell Clanagan Roxanne Ziegler Patti Comerford Tim Escobedo Carol McGorray STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager De uty Town Manag As t Town Manager To Town Present Present Present ent sent Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Memb 85740, addressed the Council regarding a new GENER1\L ORDER OF BUSINESS D. EXECUTI 1. Executive Spursuant to A.R.S. ~38-431.03 (A)(3), (4) and (6) for legal advice with the Town rney concerning water rights issues and to consult with and instruct the Town Manager, Town Attorney, Town staff, and water consultant Desert Water Solutions, Inc. on the Town's position regarding various pending contract and property acquisition negotiations with the goal of securing additional Town water resources (Frank Cassidy) Upon motion my Council Member Escobedo, seconded by Council Member Clanagan, Council adjourned to executive session at 6:08 p.m. Council returned to the dais at 7:15 p.m. 1 MINUTES OF SPECIAL SESSION MEETING MARANA MUNICIPAL COMPLEX DATE: May 29, 2007 Upon motion of Council Member Clanagan, seconded by Council Member Escobedo, Council authorized town staff to proceed with the water acquisition as discussed in executive session. Unanimously approved. E. ADJOURNMENT Upon motion by Council Member Escobedo, Council voted unanimously to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and com:cllninutes of th arana Town Council meeting held on May 29,2007. I further certify that orum was present. Jocelyn C. Bronson, Town Clerk 2 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 12,2007 AGENDA ITEM: E. TO: MAYOR AND COUNCIL FROM: Joshua H. Wright, Assistant to the Town Manager AGENDA TITLE: Presentation on Proposed Town-Owned Facility Naming Guidelines DISCUSSION As the Town of Marana continues to grow in both the size and number of town-owned facilities, local residents and civic organizations will likely corne forward seeking to recognize individuals, geographic areas, or items of cultural significance through the naming of a facility. To better manage the act of recognizing individuals, places or things through facility naming, many municipalities have adopted facility naming guidelines which detail a step-by-step process for naming or renaming a structure as well as some minimum requirements that must be satisfied before the person, place or thing is eligible for recognition. Staffhas prepared some suggested guidelines for the naming of town-owned facilities, based in part on policies already used by the City of Cas a Grande, City of Flagstaff, City of Phoenix, and City of Sierra Vista, and tailored to the Town of Marana's individual needs. The proposed guidelines are as follows: GUIDELINES FOR NAMING OF TOWN-OWNED FACILITIES The below criteria are intended as a framework for the Mayor and Town Council to use in considering proposals for naming public facilities. All proposals submitted to the Mayor and Council must comply with at least one of the following categories: I. Commemorative Naming a. Facilities may be named after an individual whether living or deceased. b. If a facility is proposed to be named after a person who is deceased, the Town and nominator shall coordinate with the family ofthe individual to ensure appropriate timing of initiating the naming process. c. When honoring a person by naming a facility after that person, he/she should be someone who had a significant association with the facility being named or the geographic area in which it is located, or be an outstanding citizen oflocal, state, or national prominence. The Mayor and Town Council will consider the following questions in reviewing the naming proposals: 2/24/2004 1:33 PM FJC 1. What was the individual's extraordinary contribution(s) as a community leader, volunteer, business leader, or public servant? 11. How do these contributions relate to the mission/purpose of the facility? 111. How will the naming of the facility after the individual reflect its history or purpose, or the area's cultural diversity? IV. How is the individual being nominated related to the facility or its geographic area (e.g. early I pioneer or long-term resident, developer of the feature, donor ofthe land, or protector ofthe land for public benefit)? II. Descriptive Naming a. A facility can also be named after a geographic landmark or area. The Mayor and Town Council will consider the following questions in reviewing the naming proposals: i. Why is the geographic landmark or area significant? ii. Why should the facility be named after the geographic landmark or area? 111. Is the proposed name culturally sensitive? III. Naming Based on Financial Contribution, Land Donation or Facility Donation a. An individual or family may make a substantial financial contribution at one time or over a period of time toward the development of a town facility, or may donate land or an existing building for public use and benefit. In such instances, consideration may be given to naming the facility after the donor. The criterion applies to naming of facilities after individuals and families and will be in perpetuity; therefore, not eligible to be renamed. RECOMMENDATION Staff requests that Council review the proposed facility naming guidelines and suggest any changes that should be implemented before item is brought back for Council approval. SUGGESTED MOTION None required - information only. -2- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 12, 2007 AGENDA ITEM: F.1 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: Resolution No. 2007-103: Relating to Budget; adopting the Fiscal 2007-2008 Tentative Budget DISCUSSION In conformance with State law, the tentative budget must be adopted prior to the third Monday in July. The adoption of the tentative budget will set the maximum limit of expenditures for fiscal year 2007-2008. The total budget may be reduced prior to final adoption, but cannot be increased. However, Mayor and Council may reallocate funding among departments and/or programs. In coordination with Mayor and Council, staff has prepared a tentative budget of $209,825,171 for fiscal 2008. Upon adoption of the tentative budget, state statute requires that it be published for two consecutive weeks. Council will then hold a public hearing and adopt the final budget. The budget has been structurally balanced with ongoing revenues used to fund ongoing expenditures. Total revenues anticipated for fiscal year 2007-2008 are $107,096,571. Fund balances will be utilized for one-time expenditures, carryover requests and capital projects. Supplemental requests approved by Council total $5,235,455. These requests include the addition of 20 positions throughout the organization. Including position adjustments made during the current fiscal year, staffing has increased from 333 positions to 364.5. The schedule of authorized positions is attached for your review. As illustrated below, the proposed budget appropriates funding to meet the prioritized needs of the community consistent with the goals and objectives of the Council. Emolovee Comoensation and Benefits - approximately $2.2M is appropriated for increases in compensation to; 1) provide an adjustment for those entering Arizona State Retirement System; 2) provide a 2.5% merit increase; 3) maintain the 5% step program in the Police Department; 4) fund a market adjustment for identified Police positions, and; 5) fund increases in health, retirement, dental and related benefits. Adoption of Tentative Budget 06/08/2007; 9:21 AM; EM STAFF Approximately $1.1 million is appropriated for the twenty positions (FTE's). The following details the FTE's by department: . Human Resources - Safety and Risk Coordinator (1 FTE) . Finance - Accounting Supervisor (1 FTE) . Economic Development - Economic Development Administrator (1 FTE) . Development Services - Document Imaging Manager (1 FTE) . Public Works -Transportation Administrator (1 FTE) and Office Support Clerks (2 FTE) . Geo1!raphical Information Svstems - GIS Programmer Analyst (1 FTE) . Information Technolo1!V - Computer Technician (1 FTE) . Court - Court Probation Officer - (1 FTE) . Police - School Resource Officer, Motor Officer and a Crime Analyst (3 FTE) . Parks & Recreation - Site Program Coordinator, Sports Coordinator, Recreation Assistants, and a Park Maintenance Worker. (8 FTE) . Water -the addition of an Assistant Water Director and the reduction of two vacant positions (-1 FTE) CAPITAL IMPROVEMENTS PLAN (CIP) The proposed CIP totals approximately $164.0 million, or 78%, of the tentative budget. The major components ofthe CIP are as follows: . Transportation - approximately $103.5 million of the CIP (63%) is earmarked for roadway capacity improvements; $30.6M for Linda Vista/Twin Peaks Interchange; $18.5M to complete Tangerine Farms Road from 1-10 to Moore Road; $16.4M for Si1verbell Road, from Cortaro Road to Ina; $12.9M for Thomyda1e/Orange Grove improvements; $6.8M for Camino de Manana/Dove Mountain extension. . Water - approximately $40.0 million is intended for the acquisition of a water resource and wastewater treatment system. . Airport - $12.7M for various projects intended to acquire land, improve runway capacity and construction of safety improvements, all of which are expected to spur economic development at the airport. . Parks & Recreation - $1.6M budgeted for new park design and construction, including the Cortaro Si1verbell District Park, the Heritage Park and the Tortolita Mountains Trails system. . Vehicles & Equipment - nearly $0.6M appropriated to replace aging and deteriorating vehicles & equipment. Despite budget capacity, staff will closely monitor all request for new and replacement vehicles and equipment. The tentative budget is presented on forms prescribed by the Auditor General. The official budget forms will be published as required for two consecutive weeks in a newspaper of general circulation along with notices of public hearing on the final budget and the property tax levy. The proposed tentative budget reflects the prudent allocation of financial resources required to meet the policy direction and vision of Mayor and Council. Accordingly, staff recommends adoption ofthe tentative budget for fiscal 2008 at $209,825,171. ATTACHMENTS FY 2008 Proposed Tentative Budget Summary, FY 2008 Position Reconciliation, FY 2008 Supplemental Summary by Department, Auditor General Forms. RECOMMENDATION Staff recommends adoption of the tentative budget for fiscal 2008 in the amount of $209,825,171. SUGGESTED MOTION I move to approve Resolution No. 2007-103. MARANA RESOLUTION NO. 2007-103 RELATING TO BUDGET; ADOPTING THE FISCAL 2007-2008 TENTATIVE BUDGET. WHEREAS, on June 12,2007, the Marana Town Council did make an estimate of the different amounts required to meet the public expenditures/expenses for the 2007- 2008 fiscal year and did estimate the revenues to be received from sources other than direct taxation; and WHEREAS, the Marana Town Council will hold a public meeting on June 26, 2007, following due public notice where taxpayers may appear to support or oppose the proposed expenditures/expenses of tax levies; and WHEREAS, the sums to be raised by taxation as specified in the budget attached hereto as Exhibit A, may not exceed in the aggregate amount, the expenditure limitation to be set by the Council on June 26,2007. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the budget setting forth the estimates of revenues and expenditures/expenses, attached hereto as Exhibit A and incorporated herein by this reference, as increased, decreased or changed by the Town Council, is hereby adopted as the tentative budget for the Town of Marana for the fiscal year 2007-2008. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this lih day of June, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney ,...~ ~ARANA ~~/I" 'tOWN" <>> MMAItA Department FY 2008 Tentative Budget Position Reconciliation Town Clerk Town Manager Human Resources Finance and Accounting Legal Community Development Public Information Officer Economic Development Development Services Admin Operations & Maintenance Building Services Planning and Zoning Public Works Geographical Info Systems Information Technology Police Courts Parks Marana Water Department Airport Operations Total * Change includes mid-year increases FY 2007 Adopted 3 16.5 6 6.75 5 o o o o 35 22.5 14 30.5 5 4.5 109 12 42.75 18.5 2 333 FY 2008 Proposed 4 11.5 7 7.75 7 4 1 1 3 35 21 15 39 6 6 113 13 50.75 17.5 2 364.5 Change* 1 -5 1 1 2 4 1 1 3 o -1.5 1 8.5 1 1.5 4 1 8 -1 o 31.5 ....~,,;'>.. FY 2008 Supplemental Request Summary Report ~~ANA ,~-.......,/ I', Recommended Breakout Manager Department Recommended Ongoing One-time General Government 1,168,117 168,117 1,000,000 Mayor and Council 16,020 16,020 0 T own Clerk 0 0 0 Town Manager -74,487 -74,487 0 Human Resources 167,943 85,948 81,995 Finance and Accounting 123,890 68,390 55,500 Community Development 173,419 23,419 150,000 Public Information Officer 37,065 37,065 0 Economic Development 101,922 96,922 5,000 Development Services Admin 162,906 162,906 0 Operations & Maintenance 634,175 348,175 286,000 Building Services 212,282 212,282 0 Planning and Zoning 0 0 0 Public Works 274,155 274,155 0 Geographical Info Systems 120,401 72,501 47,900 Information Technology 112,882 72,632 40,250 Police 740,931 666,825 74,106 Courts 65,736 65,736 0 Parks-Administration 121,882 1,882 120,000 Parks- Recreation 688,972 678,020 10,952 Parks- Maintenance 101,649 60,449 41,200 Parks-Senior Programs 87,000 50,000 37,000 Parks-Aquatics 17,000 0 17,000 Recreation - Therapeutic Prog 12,500 12,500 0 Marana Water Department 163,095 63,095 100,000 Airport Operations 6,000 6,000 0 Grand Total 5,235,455 3,168,552 2,066,903 Friday, June 08, 2007 TOWN OF MARANA EXHIBIT A PROPOSED TENTATIVE BUDGET FISCAL 2007-08 101 103 105 106 107 215 204 242 General South Desert North Parks Tangerine Fund Benefit Education Benefit Impact Transport. Road 10 PAG/RTA Revenues Town Sales Tax 19,098,627 9,427,533 Other Agencies 7,395,691 18,956,740 License, Fees & Permits 4,897,994 717,120 50,000 662,457 920,767 Fines, forfeitures 654,275 User Fees 536,222 Lease Income 493,300 Investment Income 561,000 225,414 3,250 42,981 158,890 286,655 287,450 Other Non-Recurring 728,728 Total Revenues 34,365,837 942,534 53,250 705,438 1,079,657 9,714,188 287,450 18,956,740 EXDenditures General Government 3,169,580 1,794,695 146,995 Mayor and Council 189,608 Town Clerk 323,726 Town Manager 1,195,759 Human Resources 722,492 Finance and Accounting 698,854 Legal 678,388 Community Development 429,841 PIO 123,998 Economic Development 128,152 Development Services Administr 255,319 Operations & Maintenance 2,420,258 Building Services 1,600,515 Planning and Zoning 1,304,748 Engineering 2,422,620 Geographical Info Systems 608,517 Information Technology 1,276,206 Police 9,179,231 Courts 910,214 Parks and Recreation 3,730,214 Water Ai rport Capital Outlay 3,849,000 8,967,000 0 600,000 675,000 14,861,337 17,039,049 18,956,740 Debt Service Total Expenditures 35,217,240 8,967,000 0 600,000 675,000 16,656,032 17,186,044 18,956,740 Excess (deficiency) of revenues over expenditures (851,403) (8,024,466) 53,250 1 05,438 404,657 (6,941,844) (16,898,594 ) 0 Other Financing Sources (Uses) Transfers In Transfers Out (2,423,560) (2,110,377) Bonds 9,000,000 Total Other Financing Sources/(Uses) (2,423,560) 0 0 0 0 6,889,623 0 0 Changes in Fund Balances (3,274,963) (8,024,466) 53,250 1 05,438 404,657 (52,221) (16,898,594) 0 Beginning Fund Balance' 14,463,737 8,602,785 208,515 716,479 2,559,554 14,143,540 17,039,409 0 Ending Fund Balance 11,188,774 578,319 261,765 821 ,917 2,964,211 14,091,319 140,815 0 . Projected 6/8/2007 1 of 4 8:03 AM TOWN OF MARANA EXHIBIT A PROPOSED TENTATIVE BUDGET FISCAL 2007-08 245 250 205 246 241 240 201 202 206 1/2 cent Pima County HELP Other CDBG/ Affordable Other Sales Tax Bonds Fund Agency HURF LTAF HOME Housing Grants Revenues Town Sales Tax 59.101 Other Agencies 4,960,000 17,206.800 2,244,207 139.711 275,000 1.000,000 License. Fees & Permits Fines, forfeitures User Fees Lease Income Investment Income 86,420 72,188 10,000 Other Non-Recurring Total Revenues 145,521 4,960,000 72,188 17 ,206,800 2,244,207 139,711 275,000 10,000 1,000,000 EXDenditures General Government 94,725 1,100.000 Mayor and Council Town Clerk Town Manager Human Resources Finance and Accounting Legal Community Development 175,000 50,000 PIO Economic Development Development Services Administr Operations & Maintenance 1.234,575 64.711 Building Services Planning and Zoning Engineering Geographical Info Systems Information Technology Police Courts Parks and Recreation Water Ai rport Capital Outlay 5,000,000 4,960,000 7,000,000 28,306,800 1,100,000 100,000 Debt Service Total Expenditures 5,000.000 4,960.000 7,000,000 28,306,800 2.334,575 159,436 275,000 50,000 1,100.000 Excess (deficiency) of revenues over expenditures (4,854,479) 0 (6,927,812) (11.100,000) (90,368) (19,725) 0 (40,000) (100,000) Other Financing Sources (Uses) Transfers In 19,725 100,000 Transfers Out Bonds 11,100,000 Total Other Financing Sources/(Uses) 0 0 0 11,100,000 0 19.725 0 0 100,000 Changes in Fund Balances (4.854,479) 0 (6,927,812) 0 (90.368) 0 0 (40,000) 0 Beginning Fund Balance" 5,390,884 0 7,140,245 0 211,826 0 1,007 213,465 0 Ending Fund Balance 536,405 0 212,433 0 121,458 0 1,007 173,465 0 * Projected 6/8/2007 2 of 4 8:03 AM TOWN OF MARAN A EXHIBIT A PROPOSED TENTATIVE BUDGET FISCAL 2007-08 222 224 225 226 227 228 230 Auto Local Rico HIDTA MANTIS Theft JCEF FiII-the-Gap Tech 97 Debt 03 Debt Revenues Town Sales Tax Other Agencies 20,000 52,000 61,975 61,975 License, Fees & Permits 12,250 5,000 59,950 Fines, forfeitures User Fees Lease Income Investment Income Other Non-Recurring Total Revenues 20,000 52,000 61,975 61,975 12,250 5,000 59,950 0 0 EXDenditures General Government Mayor and Council Town Clerk Town Manager Human Resources Finance and Accounting Legal Community Development PIO Economic Development Development Services Administr Operations & Maintenance Building Services Planning and Zoning Engineering Geographical Info Systems Information Technology Police 108,602 47,653 61,975 61,975 Courts 12,250 5,000 59,950 Parks and Recreation Water Airport Capital Outlay Debt Service 404,450 1,375,500 Total Expenditures 108,602 47,653 61,975 61,975 12,250 5,000 59,950 404,450 1,375,500 Excess (deficiency) of revenues over expenditures (88,602) 4,347 0 0 0 0 0 (404,450) (1,375,500) Other Financing Sources (Uses) Transfers In 404,577 875,000 Transfers Out Bonds Total Other Financing Sources/(Uses) 0 0 0 0 0 0 0 404,577 875,000 Changes in Fund Balances (88,602) 4,347 0 0 0 0 0 127 (500,500) Beginning Fund Balance" 88,602 47,653 2,054 13,878 58,389 15,194 62,389 0 557,971 Ending Fund Balance 0 52,000 2,054 13,878 58,389 15,194 62,389 127 57,471 " Projected 6/8/2007 3 of 4 8:03 AM TOWN OF MARANA EXHIBIT A PROPOSED TENTATIVE BUDGET FISCAL 2007-08 Other Debt Water Airport 04 Debt Service Fund Fund Total Revenues Town Sales Tax 28,585,261 Other Agencies 900,000 9,309,341 62,583,440 License, Fees & Permits 1 ,441 ,253 8,766,791 Fines, forfeitures 654,275 User Fees 2,847,648 143,658 3,527,528 Lease Income 493,300 Investment Income 23,000 1,757,248 Other Non-Recurring 728,728 Total Revenues 0 900,000 4,311,901 9,452,999 107,096,571 EXDenditures General Government 6,305,995 Mayor and Council 189,608 Town Clerk 323,726 Town Manager 1,195,759 Human Resources 722,492 Finance and Accounting 698,854 Legal 678,388 Community Development 654,841 PIO 123,998 Economic Development 128,152 Development Services Administr 255,319 Operations & Maintenance 3,719,544 Building Services 1,600,515 Planning and Zoning 1,304,748 Engineering 2,422,620 Geographical Info Systems 608,517 Information Technology 1,276,206 Police 9,459,436 Courts 987,414 Parks and Recreation 3,730,214 Water 2,680,933 2,680,933 Airport 299,358 299,358 Capital Outlay 42,649,000 9,964,676 164,028,602 Debt Service 641,500 4,008,482 6,429,932 Total Expenditures 641,500 4,008,482 45,329,933 10,264,034 209,825,171 Excess (deficiency) of revenues over expenditures (641,500) (3,108,482) (41,018,032) (811,035) (102,728,600) Other Financing Sources (Uses) Transfers In 645,000 1,922,877 805,335 4,772,514 Transfers Out (238,577) (4,772,514) Bonds 40,000,000 60,100,000 Total Other Financing Sources/(Uses) 645,000 1,922,877 39,761,423 805,335 60,100,000 Changes in Fund Balances 3,500 (1,185,605) (1,256,609) (5,700) (42,628,600) Beginning Fund Balance" 2,950 1,185,605 1,820,000 (490,000) 74,090,131 Ending Fund Balance 6,450 0 563,391 (495,700) 31,461,531 " Projected 6/8/2007 4 of 4 8:03 AM <II CI> <II C CI> Cl. )( w lii f! .a :c C CI> Cl. )( W "C <;00 zfI)C? <CI>"" n:::JO <CO ==CI>~ u... ~ 01 On::~ z"C- 3:~~ o ~ <II I- ._ ii: .. <II W - o CI> :i "C CI> .c ... 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CD :2 .g~~~ ~ :: sa ~ ~ ~ ~ ~G.1...:,:" ,E.g':: "C.E:2~ ~ ~ i ~ a ~ 'ii Co : g- g fti CI) a~ 5 c~~~ ~-"E U;!5.2 ::I"CLLC: ~~c:'~ _ _ c>>_ :: '0 f ~ ~:: ~~ ~ ~ E f c>> :::J ~ ~ ~~8~ ~ : .!! :: ~~ss W ftlI.: en 1ft 1ft !! ~ ~ 'E :: ~ ~ E ~ ~~~= . ; i "" o ~ < W ....I :::l C W J: U Ul TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2007-08 SOURCE OF REVENUES GENERAL FUND ESTIMATED REVENUES 2006-07 ACTUAL REVENUES 2006-07* ESTIMATED REVENUES 2007-08 Local taxes Sales Tax Licenses and permits Building and Development Fees Business and License Fees Franchise Fees $ 17,217,929 $ 18,928,106 $ 19,098,627 5,941,455 4,536,624 4,581,894 90,000 98,100 98,100 200,000 201,205 218,000 2,192,745 2,443,674 2,721,756 2,342,160 2,781,490 3,763,935 675,000 1,127,689 910,000 100,000 185,077 508,722 245,000 145,618 27,500 Intergovernmental State Shared Sales Tax Urban Revenue Sharing Auto Lieu Charges for services Park & Recreation Fees Other Miscellaneous Charges Fines and forfeits Court Fines and Fees 600,000 630,977 654,275 Interest on investments Investment Income 525,000 484,000 561,000 Contributions Voluntary contributions Miscellaneous Other Miscellaneous Income Lease Income Total General Fund $ 591,245 493,300 31,213,834 $ 572,427 493,300 32,628,287 $ 728,728 493,300 34,365,837 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/07 SCHEDULE C Page 2 of 7 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2007-08 SOURCE OF REVENUES SPECIAL REVENUE FUNDS ESTIMATED REVENUES 2006-07 ACTUAL REVENUES 2006-07* ESTIMATED REVENUES 2007-08 Highway User Revenue Fund HURF $ 2,060,300 $ 2,145,869 $ 2,244,207 2,060,300 $ 2,145,869 $ Total Highway User Revenue Fund $ Local Transportation Assistance Fund LTAF 2,244,207 $ 138,250 $ 141,312 $ 139,711 Total Local Transportation Assistance Fund $ 138,250 $ 141,312 $ 139,711 Grant Funds MANTIS $ 56,360 $ 56,540 $ 61,975 HIDTA 52,546 52,000 AUTO THEFT 56,360 38,525 61,975 CDBG 313,450 126,521 275,000 Home 60,000 16,277 10,000 Local JCEF 15,000 12,175 12,250 Local Technology Enhancement Fund 35,650 55,146 59,950 Fill The Gap 5,000 4,570 5,000 Other Grants 1,000,000 RICO 25,994 20,000 $ 541,820 $ 388,294 $ 1,558,150 Total Special Revenue Funds $ 2,740,370 $ 2,675,475 $ 3,942,068 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was 4/07 SCHEDULE C Page 3 of 7 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2007-08 SOURCE OF REVENUES DEBT SERVICE FUNDS ESTIMATED REVENUES 2006-07 ACTUAL REVENUES 2006-07* ESTIMATED REVENUES 2007-08 Other Debt Service Funds $ $ $ 900,000 $ $ $ 900,000 Total Debt Service Funds $ $ $ 900,000 CAPITAL PROJECTS FUNDS Transportation Fund $ 9,000,000 $ 9,844,705 $ 9,714,188 1/2 Cent Sales Tax 394,008 578,168 145,521 Impact Fee Funds 4,297,525 2,378,068 2,780,879 Other Agency Funds 30,023,300 8,972,507 41,123,540 Tangering Farms ID 287,450 Investment Income 993,750 72,188 $ 44,708,583 $ 21,773,448 $ 54,123,766 Total Capital Projects Funds $ 44,708,583 $ 21,773,448 $ 54,123,766 . Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was 4/07 SCHEDULE C Page 4 of 7 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2007-08 SOURCE OF REVENUES ESTIMATED REVENUES 2006-07 ACTUAL REVENUES 2006-07* ESTIMATED REVENUES 2007-08 ENTERPRISE FUNDS Water Fund Water Commodity & User Fees Water Impact Fees $ 3,425,710 $ 2,616,965 $ 2,870,648 1,744,000 1,247,671 1,441,253 5,169,710 $ 3,864,636 $ 4,311,901 138,000 $ 149,727 $ 143,658 7,161,300 5,795,596 9,309,341 7,299,300 $ 5,945,323 $ 9,452,999 12,469,010 $ 9,809,959 $ 13,764,900 $ Airport Fund Airport User Fees Airport Grants $ $ Total Enterprise Funds $ . Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. TOTAL ALL FUNDS $ 91,131,797 $ 66,887,169 $ 107,096,571 . Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/07 SCHEDULE C Page 5 of 7 TOWN OF MARANA Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2007-08 OTHER FINANCING INTERFUND TRANSFERS 2007 -08 2007-08 FUND SOURCES <USES> IN <OUT> GENERAL FUND Series 1997 Debt $ $ $ $ 166,000 Series 2003 Debt 875,000 Series 2004 Debt 645,000 Airport Fund 617,835 LTAF 19,725 Other Grants 100,000 Total General Fund $ $ $ $ 2,423,560 SPECIAL REVENUE FUNDS LTAF $ $ $ 19,725 $ Other Grants 100,000 Total Special Revenue Funds $ $ $ 119,725 $ DEBT SERVICE FUNDS Series 1997 Debt $ $ $ 404,577 $ Series 2003 Debt 875,000 Series 2004 Debt 645,000 Other Debt Service 1,922,877 Total Debt Service Funds $ $ $ 3,847,454 $ CAPITAL PROJECTS FUNDS Other AQency Fund $ 11,100,000 $ $ $ Transportation 9,000,000 2,110,377 Total Capital Projects Funds $ 20,100,000 $ $ $ 2,110,377 ENTERPRISE FUNDS Water $ 40,000,000 $ $ $ 238,577 Airport 805,335 Total Enterprise Funds $ TOTAL ALL FUNDS $ 40,000,000 $ 60,100,000 $ $ $ 805,335 $ 4,772,514 $ 238,577 4,772,514 4/07 SCHEDULE D TOWN OF MARANA Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2007-08 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES EXPENSES FUND/DEPARTMENT 2006-07 2006-07 2006-07' 2007-08 GENERAL FUND General Government $ 2,374,454 $ $ 2,241,158 $ 3,169,580 Mayor and Council 234,342 170,360 189,608 Town Clerk 412,554 278,473 323,726 Town Manger 1,469,625 1,149,308 1 ,195,759 Human Resources 639,940 548,502 722,492 Finance and Accounting 551,661 381 ,324 698,854 Legal 572,371 540,642 678,388 Community Development 100,000 193,366 429,641 Public Information Office 123,998 Economic Development 128,152 Development Services Admin 255,319 Operations & Maintenance 1,852,222 1 ,902,468 2,420,258 Building Services 1 ,308,870 1 ,290,518 1,600,515 Planning and Zonning 1,410,947 1,409,460 1,304,748 Public Works 2,715,068 2,288,394 2,422,620 Geographical Information Sys 419,368 379,537 608,517 Information Technology 1,726,055 1,614,170 1 ,276,206 Police 8,246,590 7,035,688 9,179,231 Courts 733,520 642,460 910,214 Parks and Recreation 2,959,154 2,519,190 3,730,214 Capital Outlay 3,649,000 Total General Fund $ 27,726,741 $ $ 24,585,018 $ 35,217,240 SPECIAL REVENUE FUNDS HURF $ 2,060,300 $ $ 1,891,314 $ 2,334,575 LTAF 138,250 101,720 159,436 MANTIS 56,360 56,360 61,975 HIDTA 69,270 47,653 AUTO THEFT 56,360 51,010 61,975 CDBG 313,450 130,463 275,000 Home 122,173 13,454 50,000 Local JCEF 15,000 42,625 12,250 Local Technology Enhancement Fun 81,565 6,295 59,950 Fill The Gap 5,000 5,000 Other Grants 1,100,000 RICO 26,931 45,704 108,602 Total Special Revenue Funds $ 2,875,389 $ $ 2,408,215 $ 4,276,416 DEBT SERVICE FUNDS Series 1997 Debt $ 664,311 $ $ 797,215 $ 404,450 Series 2003 Debt 1 ,149,660 1,379,654 1 ,375,500 Series 2004 Debt 537,118 644,575 641,500 Other Debt Service 4,008,482 Total Debt Service Funds $ 2,351 ,089 $ $ 2,821,444 $ 6,429,932 CAPITAL PROJECTS FUNDS Transportation Fund $ 9,938,761 $ $ 435,890 $ 16,656,032 1/2 Cent Sales Tax 1,700,000 511,928 5,000,000 Impact Fee Funds 3,047,700 519,327 10,242,000 Help Loan Fund 7,000,000 220,523 7.000,000 Tangerine Farms ID 29,698,005 11,451,406 17,186,044 Other Capital Project Funds 30,023,300 8,972,507 52,22-3.540 Total Capital Projects Funds $ 81,407,766 $ $ 22,111,581 $ 108,307,616 PERMANENT FUNDS $ $ $ $ Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS Water Fund $ 5,614,271 $ $ 2,417,747 $ 5,329,933 Airport Fund 8,068,554 6,194,387 50,264,034 Total Enterprise Funds $ 13,682,825 $ $ 8,612,134 $ 55,593,967 INTERNAL SERVICE FUNDS $ $ $ $ Total Internal Service Funds $ $ $ $ TOTAL ALL FUNDS $ 128,043,810 $ $ 60,538,392 $ 209,825,171 . Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4/07 SCHEDULE E