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Home My WebLink About05/03/2005 Council Agenda Packet TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 11555 W. Civic Center Drive May 3, 2005 - 7:00 p.m. TONIGHT'S MEETING IS DEDIC A TED TO THE NEW MARANA MUNICIPAL COMPLEX. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray 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 twenty-four 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 Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is 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, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than May 2, 2005, 7:00 o'clock p.m., at Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 11555 W. Civic Center Drive May 3, 2005 - 7:00 p.m. TONIGHT'S MEETING IS DEDICATED TO THE NEW MARANA MUNICIPAL COMPLEX. I. CALL TO ORDER II. POSTING OF THE COLORS - Flowing Wells High School JROTC ( Melissa Butsback, C/IL T; Dominique Fimbres, C/2L T; Amanda Flaim, C/MSG; and Thomas Schlink, C/SGT) III. PLEDGE OF ALLEGIANCE IV. INVOCATION - Fr. Abran Tadeo, St. Christopher Catholic Church V. ROLL CALL VI. APPROVAL OF AGENDA VII. ACCEPTANCE OF MINUTES - There are no minutes for approval at tonight's meeting. VIII. STAFF REPORTS - There are no staff reports for tonight's meeting. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda 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. 2005-48: Relating to Water Service: approving and authorizing the execution of the Agreement between the Town of Marana and Richmond American Homes for Construction of Water Facilities Under Private Contract for Gladden Farms Block 2 (Brad DeSpain) 2. Resolution No. 2005-49: Relating to Animal Control; approving Amendment No. 02 of the Intergovernmental Agreement with Pima County Animal Care Center for the provision of animal control services within the Town of Marana (Jocelyn Bronson) 3. Resolution No. 2005-50: Relating to Development; approving a final plat for Saguaro Ranch T-Bench Bar (Barbara Berlin) 4. Resolution No. 2005-51: Relating to Development; approving a final plat for Saguaro Ranch South Amended Lots 1-31 (Barbara Berlin) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 11555 W. Civic Center Drive May 3, 2005 - 7:00 p.m. TONIGHT'S MEETING IS DEDICATED TO THE NEW MARANA MUNICIPAL COMPLEX. 5. Resolution No. 2005-52: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for project no. 99- 076, Cortaro Farms Road, Union Pacific Railroad to Star Grass Drive; and declaring an emergency (Frank Cassidy) 6. Resolution No. 2005-53: Relating to Police; approving and authorizing the Chief of Police to execute an intergovernmental agreement with the Arizona Division of Emergency Management for purposes of the 2004 Homeland Security Grant Program (Richard Vidaurrij 7. Resolution No. 2005-54: Relating to Police; approving and authorizing the Chief of Police to execute an intergovernmental agreement with the Arizona Division of Emergency Management for purposes of the 2004 Law Enforcement Terrorism Prevention Program requirements of the Homeland Security Grant Program (Richard Vidaurri) 8. Proclamation: 36th Annual Municipal Clerks Week (Jocelyn Bronson) 9. Proclamation: Public Works Week 2005 (Harvey Gill) X. CALL TO THE PUBLIC At this time, the Mayor and Council will be recognizing elected officials and guests and acknowledging the work of D.L. Withers Construction, Durrant Associates, the Marana Building Committee and others present for the dedication ceremony. XI. ADJOURNMENT I¡Ir Bobby Sutton, Jr., Mayor 3 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 3,2005 AGENDA ITEM: IX. A. 1 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2005-48: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Richmond American Homes for Construction of Water Facilities Under Private Contract for Gladden Farms Block 2. DISCUSSION Richmond American Homes desires to install an On-Site Water Facility to provide service to a development known as Gladden Farms Block 2. Pursuant to an Agreement between the Town of Marana and Richmond American Homes the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Gladden Farms Block 2. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2005-48, approving and authorizing the execution of the Agreement between the Town of Marana and Richmond American Homes for Construction of Water Facilities Under Private Contract for Gladden Farms Block 2. SUGGESTED MOTION I move to adopt Resolution No. 2005-48. BLU Gladden Farms Block 2 04/26/20054:06 PM APM MARANA RESOLUTION NO. 2005-48 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND RICHMOND AMERICAN HOMES FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR GLADDEN FARMS BLOCK 2. WHEREAS, Richmond American Homes intends to facilitate the development of property to be called Gladden Farms Block 2 (the "Property"); and WHEREAS, Richmond American Homes desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Richmond American Homes agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Richmond American Homes, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 3rd day of May, 2005. MA YOR Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 050419 Gladden Fanus Block 2 RSO 2005-48 2 APM 04/27/2005 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 3rd day of May, 2005, by and between the TOWN OF MARANA, hereinafter called the Town, and RICHMOND AMERICAN, hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Gladden Farms, Block 2-Cottonwood Ranch) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: x (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X (2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL 1. The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-0309-009 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0309-009 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." 2. The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. 3. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. 4. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. 5. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. 6. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. 7. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. 8. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. 9. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. II. ENGINEERING AND INSPECTION 1. When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to layout and establish control lines and certify the layout according to the approved plans. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal 2 holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. III. PRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. 3. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. 4. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. 6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. IV. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." 4. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. 6. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's 3 contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. V. INDEMNITY I. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. 2. The Applicant guarantees the work to be free ÍÌ'om all failures due to poor workmanship or materials for a period of two (2) years ÍÌ'om the final acceptance date by the Town. 3. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. 5. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. 4 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. Richmond American Homes Applicant By: Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) On this, the day of , 2005, before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA By: Its: APPROVED AS TO FORM ATTEST: By: Town Attorney By: Town Clerk 5 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 6 EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] 7 EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE OFF-SITE WATER FACILITY TO BE CONSTRUCTED BY THE TOWN OF MARANA HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the Off-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same. ] 8 EXHIBIT "D" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. 9 EXHIBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] 10 AGENDA ITEM: IX. A. 2 TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 3,2005 TOWN OF MARANA TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2005-49: Relating to Animal Control; approving Amendment No. 02 of the Intergovernmental Agreement with Pima Animal Care Center for the provision of animal control services within the Town of Marana DISCUSSION The Town of Marana and Pima County have an on-going intergovernmental agreement for the provision of animal control services by Pima County within the town limits of Marana. All violations of the Town Code are cited into the Marana Municipal Court and prosecuted by the Town's legal department. The Town retains all fines imposed in those cases. Pima County Animal Control collects license and kennel fees for animals within Marana and applies those fees to the cost to the Town for animal control services. The original contract allowed for a debt exceeding $10,000 to be carried forward to future years. Due to a potential funding deficit in the future, Pima County is requiring modification of the financing provisions to account for and reconcile all receipts and expenses each fiscal year beginning in FY 2005-06. To accomplish this, if the Town disbursement exceeds the annual Town receipts, the Town will deposit funds sufficient to cover the Town deficit in the Pima County Rabies Control Fund within 30 days after official request for funds. Should there be a Town surplus in the Rabies Control Fund, such surplus will be refunded to the Town. This procedure shall be followed for each year during the term of the Agreement beginning with FY from July 1, 2005 through June 30, 2006. RECOMMENDATION Staff recommends that Council direct staffto enter into Amendment No. 02 of the Intergovernmental Agreement for Animal Control Services, renewing the existing agreement as amended until June 30, 2006. SUGGESTED MOTION I move to adopt Resolution No. 2005-49. IGA Animal Control Services JCB/04/271200519: J 9 AM MARANA RESOLUTION NO. 2005-49 RELATING TO ANIMAL CONTROL; APPROVING AMENDMENT NO. 02 OF THE INTERGOVERNMENTAL AGREEMENT WITH PIMA ANIMAL CARE CENTER FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN OF MARANA. WHEREAS, the Town has been a party to an Intergovernmental Agreement with Pima County for many years, authorizing the County to perform all animal control services within the Town limits; and WHEREAS, the Pima County Animal Control will collect license and kennel fees for animals within the Town and apply those fees to the cost to the Town for animal control services, and the difference, not to exceed $10,000 per year, is the responsibility of the Town; and WHEREAS, Pima County has allowed for a debt exceeding $10,000 to be carried forward to future years, Pima County is modifying the financial provision ofthe intergovernmental agreement so that if Town disbursements exceed the annual receipts, the Town will deposit funds sufficient to cover the Town deficit in the Pima County Rabies Control Fund within 30 days after official request for funds; and WHEREAS, should the Town experience a surplus in the Rabies Control Fund, the surplus will be refunded to the Town; and WHEREAS, the renewal of the intergovernmental agreement between the Town of Maran a and Pima County will benefit the citizens of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana, Arizona, do hereby accept and authorize Amendment No. 02 of the Intergovernmental Agreement between the Town of Marana and Pima County for the provision of Animal Control Services by Pima County Animal Control within the Town limits of Maran a, Arizona, effective July I, 2005 through June 30, 2006. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said Amendment No. 02 of the Intergovernmental Agreement on behalf of the Town of Marana, effective July 1, 2005. Marana, Arizona Resolution No. 2005-49 PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this 3rd day of May, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana. Arizona Resolution No. 2005-49 INTERGOVERNMENTAL AGREEMENT NO.OI-0I-M-130557-0502 AMENDMENT NO.2 WHEREAS, the TOWN OF MARANA, a municipal corporation, hereinafter referred to as "TOWN", and Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY", have entered into an Intergovernmental Agreement for the provision of animal control services provided by COUNTY relating to enforcement of leash law and biting dog ordinances, and to provide for the impoundment and sheltering of stray animals; and WHEREAS, TOWN and COUNTY desire to amend said Intergovernmental Agreement to provide that the TOWN deposits funds sufficient to cover any TOWN annual deficit in the Pima County Rabies Control Fund beginning with the Fiscal Year from July 1, 2005 through June 30, 2006. NOW THEREFORE, the TOWN and COUNTY do hereby agree as follows: I. Replace Article II.14 - Parties Obligations, as follows: "The COUNTY, through its Health Department Director, shall submit to the TOWN on an annual basis, prior to June 30, a statement of year to date receipts, disbursement and a projected year end balance of the Pima County Rabies Control Fund by jurisdiction. In the event that the annual TOWN disbursement exceeds the annual TOWN receipts, the TOWN shall deposit funds sufficient to cover the TOWN deficit in the Pima County Rabies Control Fund within thirty (30) days after official request for funds. Should there be a TOWN surplus in the Pima County Rabies Control Fund, such surplus shall be refunded to the TOWN. The procedure set forth herein shall be followed for each year during the term of this Agreement beginning with the Fiscal Year from July 1, 2005 through June 30, 2006." II. The effective date of this Amendment is July 1,2005. All other provisions ofthis Intergovernmental Agreement, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. (THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK) TownOfMaranaNo2.doc 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Intergovernmental Agreement. PIMA COUNTY TOWN OF MARANA, a Municipal Corporation By: Chair, Board of Supervisors Date By: Mayor Date ATTEST: ATTEST: By: Clerk of the Board of Supervisors By: Town Clerk APPROVED AS TO CONTENT By: Department Head This Intergovernmental Agreement which is a contract between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned Town Attorney and Deputy County Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. ttorney TownOfMaranaNo2.doc 2 00 ~ (5-05 MEETING DATE: May 3,2005 AGENDA ITEM: IX. A. 3 TOWN COUNCIL MEETING INFORMA TION TOWN OF MARANA TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-50: Relating to Development; approving a final plat for Saguaro Ranch T-Bench Bar. DISCUSSION Saguaro Ranch Development Corporation is requesting Final plat approval of an 8-lot single family subdivision on approximately 35.6 acres within the Saguaro Ranch gated custom home community annexed into the Town in August 2003. The site is located approximately one- quarter mile north of the Moore Road east of Thornydale Road, within a portion of Section 29, Township 11 South, Range 13 East. The T-Bench Bar subdivision will consist of lots 1-8, Parcel "A" and Common Areas "A" & "B". The zoning for the subdivision is R-144 (Single Family Residential with a minimum lot size of 144,000 square feet). T-Bench Bar is located south of the tunnel and not within the main gated community, but will have a separate gated access. The T - Bench Bar portion of Saguaro Ranch was not an original part of the larger Saguaro Ranch Subdivision platted in September 2003. This 35 acres was already a part ofthe Town prior to the 2003 annexation, but was identified within the Pre-Annexation Development Agreement. Therefore this project is subject to all of the covenants of the recorded Pre-Annexation Development Agreement and any subsequent amendments. The maximum allowable disturbance for the entire Saguaro Ranch Project is 20%. The areas of disturbance for each buildable lot will be defined at the time a building permit is issued; this area shall not exceed 27,000 square feet per lot under any circumstance. A proposed Undisturbed Area Covenant shall be submitted with each building permit application, which stipulates the future preservation of the undisturbed acreage. The final document will be recorded prior to Certificate of Occupancy on the house. Tracking of total site disturbance will be performed by the Town using the metes and bounds surveys submitted with building permit applications in combination with periodic surveillance of the site using aerial photography and geographic information systems. Staff has reviewed the application for compliance with the Preliminary Plat adopted by Resolution 2005-11 February 1, 2005, the Pre-annexation Development Agreement adopted by Resolution 2003-65 June 17, 2003, as amended by Resolutions 2004-42 and 2004-106, the Marana Land Development Code and the Marana General Plan. This Final Plat is in substantial conformance with all required development regulations and conditions of zoning. PRV-03123 Saguaro Ranch T-Bench Bar FP TC 050305.doc ATTACHMENTS Summary of Application, locator map and final plat. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-50, approving a Final Plat for Saguaro Ranch T -Bench Bar. SUGGESTED MOTION I move to approve Resolution No. 2005-50. -2- PRV-03123 Sagurao Ranch T-Bench Bar FP TC 050305.doc MARANA RESOLUTION NO. 2005-50 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR SAGUARO RANCH T-BENCH BAR. WHEREAS, Saguaro Ranch Development Corporation, the owner of Saguaro Ranch T- Bench Bar, has applied for approval of a Final Plat for 8 single-family custom homes on 35.61 acres, including lots 1 through 8, Parcel A and Common Areas "A" (Private Streets/PUE), and "B" (Recreational), and is generally located approximately 1/4 mile north of the Moore Road east of Thornydale Road, within a portion of Section 29, Township 11 South, Range 13 East; and WHEREAS, the Town Council, at their regular meeting on May 3, 2005 has determined that the Saguaro Ranch T-Bench Bar Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Saguaro Ranch T-Bench Bar Final Plat, an 8-lot custom home subdivision within the Saguaro Ranch Development and generally located approximately 1/4 mile north of Moore Road east of Thornydale Road, within a portion of Section 29, Township 11 South, Range 13 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of May, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Prank Cassidy as Town Attorney Marana Resolution No. 2005-50 ~ ~ toWMOI-~ TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road <Þ Tucson, AZ 85741 (520) 382-2600 Fax: (520) 297-3792 " PLANNING & ZONING APPLICATION o Preliminary Plat )It Final Plat o Development Plan o Landscape Plan o Native Plant Pennit o General Plan Amendment o Specific Plan Amendment o Rezone o Significant Land Use Change o Minor Land Division o Variance o Conditional Use Pennit o Other Gross Area (Acre/Sq. Ft.) Deve1opment/Project Name Project Location Description of Project Property Owner Street Address City r:- \ \,;C..S 0 r- Contact Person Phone Number Fax Number E-Mail Address Ir'ttB-"t.;>OC:> !.f1FJ - ~.::> (f Phone Number Applicant Street Address City State Zip Code Phone Number Fax Number F.-Mail Address Phone Number Contact Person City ,<- \ Lqo.- Contact Person AgentiRepresentative Street Address G- ~/6 --::µ"5" - #-10 Fax Number ~ZZ -GCfs-b Town of Marana Business License No. E-Mail Addr~~_ ., 41-vC e ~ ~VVI ¡Nt. ÚII- I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) ture '(,¡,~tr I IDate X:\SHARED FILES\Review Checklist\Application.doc December 2004 ~ -# fA V - Ö 3/2 :J f Itu.ec·~ d~ : ;)/t fl/ oS- O~w d: pt\ Vo502 -CO'?> ~...a/V<Å h:J : ~ ~ .J .::-:1 \ ¡ ¡ , '--·1 -, ~"! , ! Saguaro Ranch T -Bench Bar Final Plat CASE NO. PRV-03123 ~--~ MARANA ~/1~ TOWN OF MARANA o Data Dlsclai'ner The Town of Maranl provides this map Infonn.tlon '"As Is" at the requut of the uterwith the under.hlndlngthat It is not gu.ullnteedto be .ceurate, COlTect or complete and conclusions dravwn from such ¡nfonn_ticn are the responsibility ofth. user. In no event shall The Town of Maran-. become liable to uurs of thin dahl. or any other pafty, for any 10.. or direct. Indirect, special, Incidental Of consequential damages, including but not limited to time, money or goodWNl, arising from the us. or modification of the d.... REQUEST N 700 14~0 Feffi ~ Request for Final Plat approval of an 8-lot custom home subdivision on approximately 36 acres, located within the Saguaro Ranch Development. .... !!~ ~o --=IrÇJ '" ... ø ~ A· "'<t.., _ ED ~:c~ ....J. w<[ ~~:: ~ ~ «l/') ~ Ü a.~ 9 .0:: > Z4:f'< æ ~:Z þJ;J '" ~ ~ \:;13 ....JU oð ~ ~ ~ ~ ~ ~ ; ~ ~ í ~ !~i~ UI CJ UI ... ~ -=:::::J~~ ~ ~ .., I- Z o o U> UI I- o Z ... < II: UI Z UI CJ - ,,; - ~ e IS:I red,Dlc ~ :::I,' I-01BNh"", ~ " ~ . Ñ ,.; II!! :0: I'" L g o W !I 0~ I! ~ - 3 ~~ : ¡ :~: ! ~ ~J ~ ø. . i5 . ~ . ~ Š ¡ ~ ~ ~ ¡ 3 I \ ; "'C§ ;~: ~~ . ~~~ . >- d!:<~ UI ~~\!:::; ~ ~¡;;~~ ;:) '" ¡: : ~ ~~ ~ 0 S ~~ ~3zol ~ ~ ~ Ii . 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'2 -.J,'G,,\l ,0"'<1 '- -;._'" (~1,59'6¡H t..OS,OO.oN L _ _ _,- ./ / / ./ ~ ~= . ~;§~ ~§-! ª~~t I HI-ti ÞOES Ðd 'bBIZI L~O LSVÐNY~~VtiS VNIÐ3ti 7 Ißfl3LS 7 ONOWS30 3;JN3W/lVl HI-ti EbEÞ Ðd 'I LSII L~O NOLtiON V;J;J3B3ti 7 OaOL ...-0 ......... ICIIII:(¿) w e .. CI. :.: c c CC - o 1 ~ ! o .__._........~'-.,.. AGENDA ITEM: IX. A. 4 TOWN COUNCIL MEETING INFORMA TION MEETING DATE: May 3,2005 TOWN OF MARANA TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-51: Relating to Development; approving a final plat for Saguaro Ranch South Amended Lots 1-31. DISCUSSION The original Saguaro Ranch Final plat was adopted by the Town Council on September 2, 2003 by Resolution 2003-100. This request is to resubdivide lots 9-31 and Block 4 of the original Saguaro Ranch Final Plat into Lots 1,9-31 and Block "A". The Saguaro Ranch South Amended Plat also includes Lots 2-8, Parcel "A" and Common Areas "B" & "C", all of which are being subdivided for the first time and are a part of the area that was rezoned to R-144 by the Town Council on August 19,2003 Ordinance 2003.20. Saguaro Ranch Development Corporation is requesting Final plat approval of a 31-lot custom home subdivision on approximately 172 acres within the Saguaro Ranch gated home community that was annexed into the Town in August 2003. The site is located approximately one-half mile north of Moore Road and east of Thornydale Road, within a portion of Sections 20 & 29, Township 11 South, Range 13 East. The Saguaro Ranch South Amended Subdivision will consist oflots 1-31, Parcel "A", Block "A" and Common Areas "A", "B" & "C". Block "A" is the location for the proposed horse ranch. The zoning for the subdivision is R-144 (Single Family Residential with a minimum lot size of 144,000 square feet) and RD-180 (Single Family Residential 180,000 square feet minimum lot size). Access to this portion of Saguaro Ranch is located beyond the tunnel, within the main gated community. The maximum allowable disturbance for the entire Saguaro Ranch Project is 20%. The areas of disturbance for each buildable lot will be defined at the time a building permit is issued; this area shall not exceed 27,000 square feet per lot under any circumstance. A proposed Undisturbed Area Covenant shall be submitted with each building permit application, which stipulates the future preservation of the undisturbed acreage. The final document will be recorded prior to Certificate of Occupancy on the house. Tracking of total site disturbance will be performed by the Town using the metes and bounds surveys submitted with building permit applications in combination with periodic surveillance of the site using aerial photography and geographic information systems. Staff has reviewed the application for compliance with the Preliminary Plat adopted by Resolution 2005-12 February 1, 2005, the Pre-annexation Development Agreement adopted by Resolution 2003-65 June 17, 2003, as amended by Resolutions 2004-42 and 2004-106, the PRV-04043 Saguaro Ranch South Amended FP TC 050305.doc rezoning conditions of Ordinance 2003.20, the Marana Land Development Code and the Marana General Plan. This Final Plat is in substantial conformance with all required development regulations and conditions of zoning. ATTACHMENTS Summary of Application, locator map and final plat. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-51, approving a Final Plat for Saguaro Ranch South Amended Lots 1-31. SUGGESTED MOTION I move to approve Resolution No. 2005-51. -2- PRV-04043 Sagurao Ranch South Amended FP TC 050305.doc MARANA RESOLUTION NO. 2005-51 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR SAGUARO RANCH SOUTH AMENDED LOTS 1-31. WHEREAS, Saguaro Ranch Development Corporation, the owner of Saguaro Ranch South Amended Lots 1-31, has applied for approval of a Final Plat for 31 single-family custom homes on 171.59 acres, including lots 1 through 31, Parcel A and Common Areas "A" (Private Streets), "B" (Natural Open Space), and "C" (Recreational), and is generally located 1/2 mile north of Moore Road and east of Thornydale Road, in a portion of Sections 20 & 29, Township 11 South, Range 13 East; and WHEREAS, the Town Council approved the Saguaro Ranch Final Plat on September 2, 2003, consisting of Lots 9-52, Blocks 1 through 4 and Common Areas "A" and "B"; and WHEREAS, the Saguaro Ranch South Amended Lots 1-31 Final Plat is a partial resubdivision of the original Saguaro Ranch Final Plat, Lots 9-31 and Block 4; and WHEREAS, the Town Council, at their regular meeting on May 3, 2005 has determined that the Saguaro Ranch South Amended Lots 1-31 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Saguaro Ranch South Amended Lots 1-31 Final Plat, a 31-lot custom home subdivision within the Saguaro Ranch Development and generally located 1/2 mile north of Moore Road and east of Thornydale Road, in a portion of Sections 20 & 29, Township 11 South, Range 13 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of May, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Marana Resolution No. 2005-51 - ~~ ~ 1OWMCIf~ TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road <Þ Tucson, AZ 85741 (520) 382-2600 Fax: (520) 297-3792 ¡ J "Î ,I 1 PLANNING & ZONING APPLICATION o Preliminary Plat ~ Final Plat o Development Plan o Landscape Plan o Native Plant Pennit o General Plan Amendment o Specific Plan Amendment o Rezone o Significant Land Use Change o Minor Land Division o Variance o Conditional Use Pennit o Other Gross Area (Acre/Sq. Ft.) µ.. . JlI,! J2.I> - , PO 50-~~ DevelopmentlProject Name Project Location Description of Project Property Owner Street Address _ ): E' £ vc42. >'1+1::.- Fò e.. ()\i\A')tr ~ City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone Number Applicant Street Address ] City Fax Number E-Mail Address Contact Person /.¡C.~-'(,' ., Phone Number . S'";;;-6 Lf AgenU1tepresentative Street Address Contact Person , E' .. \2..t '-< ,.. !.ate A L- Zip Code \~f' ~e., Fax Number "'5- "2. Z. 6 ~ s-6 Town of Marana Business License No. E-Mail Address :rt.-1N&lL f?4:-'- -". ,,__' c'v""" City I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the ~". owner of the property or that I have been a1.1thorized in writinll; by the owner to file this application and checklist. (If not owner of .. record, attach written authorization from the owner.) ature ~/r~j { ate X:\SHARED FILES\Review Checklist\Application.doc December 2004 ~ jf fP.\I- OI.{DJ./3-t ¡¡tee/1M4/.. D-k. ~11i'/IJ> CRv.:J-tFfflVo5'O~-OO2 liuÙ"d~ ~~ -:j . , ~-:~ MARANA ~/ 1 '" TOWN OF MARANA Saguaro Ranch South Amended 1-31 Final Plat CASE NO. PRY -04043 , IÌ" ' ) " " lJ ' ''':' , , ',' . , .. .~ ld )Q(~ I '. ' \l /\~- ~J-1:--- I--- L- ,.... ! Y ~ ~"o ," \, i / ... \i ,.J 0 1 ~i =; \ \ ~ //7 - --+ l t\~ IJ=tr ~ o~ \,-- - "\ \ I II J \\ ~ ~ ~\ I t(R\ ~~ ~ ~ ~ rfx--~ ^' ~'.' \(; Canyon rI'Q "i . < Subject Property tÎ j 'f \. ~ V " ~ >-- >-- , =- - 11< ~ ..----f - ~~ -I I f\ ~~ i, t '= =, ~;;:;:~~II:~~~'~~ ~ rl ~/ .... ~~I Butterfly -- ~ ~I I ì \ I \\ ~ Mountain _ _ t v II \ 'IJ' '\r I;¡#;¡ ,JI~ 11 - bih .',', r..... ,/' . I h' i!f -1/ 'II I '\ 7~~ 700 140021,00 Feet Á Data Dlsclainer The Town of Marana provldeslhls map Informatton "As Is" althe "quaal of the user with the understanding thaI it i_ not guaranteed to be accurale, correct or complete and conclusions drawn from such Information are the respon.ibility of the u.er. In no evenl_hall The Town of Marana bacome liable to user. of the.. data. or any other party. for any 1088 or direct, indirect, special. Incidenlal or t"nn$"t'uAntial rlamaOftR, inr.111C1ino hilt nnt limitart tn tima ,mnn.y nr goodwill. ariGlng from tho u.. or modifi.atl"n of thl data, REQUEST 1 Request for Final Plat approval of a 31-lot custom home subdivision on approximately 172 acres, located within the Saguaro Ranch Development. ..... ~ÐYd ~008 IMI ... .~ - !ë;-=::a:J: a: " Go ¡ 1Ïe. ~IIÍ ". ¡¡II¡ " iii ! ¡II!! I iåe. !fit i . e.iI ¡ ø d:i ?: i z:;"_ _ ¡ 1032. C_ C ....!ë¡ ::t. IIIl!!ill) 0 Ë II "In ~; ~hl5~ ::; . e.::i. III ï CD i"I~1 ~ t : I' Ii ~ il íi Ii· "II -I: ~I.: !:~ ~ii 0-1 u- -" zii ~ =1 511 D2. ..~ ø¡ I i . ãi i i Ii ~! '''. :1. il!! :~I e.,'!1 :~I I I!¡ "" II! I:: F! 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U :&:u Ji!ll ,; Z 0 ~.. ~I:E~ < :g ¡.. ,¡I,;lõii ~ ~ z -;r ......1&· .... UI" R.· :IE :c-.: lir S~ ; f; ;i!!; < ~. -§I!¡' ..... 0 _I ¡ !!.... ... . 'I' ~"I"'I o -;!. ü1 § ~il; G>01 ~to >- '11) D_ ¡:¡¡- 21¡- :><: Q a:_ C.t -.. ~i z· !!I> _a: .. þo- ~~ I I" _~i in J ! . ;~ i; I II~ I:! ~dll .-~- -= ~¡ I --~ I I I I 11I1 c:J C A. :III: o o III - ~ 1 ! : i : ! ~ i. ~ i 6 i " ~ I ~ ~ , ~ ;¡OYd -)1008 -........... ~! D i 21 zz I ! , .. tl !II..OCI aAa ~ s:;..:. I I I \ '" '" '" '" '" ~¡.., = .. :::-"'. u :. ,~~I: I z ~ ~ ~I:~i I ~ ~ ~ 8;- ~I-:B~ : S ~ ! , ¡!~i; I < ~ ..., :~!.. I ; ~ !I !Ši~¡ 1- \ ~ § i~11 \ \ ï!.1 \ c lis \ G)0¡ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ _ L'" a.ca a".. ~':;.:. --- r I I I I I I I I I I I I ~ ._._...............~".....,.:~,., UI <!I C A. ~ o o at - 8 ~ 1 ~ ª ~ í ~ ~ !i> ' o ' i ¡;. ~ ! i ~ ~ ~ ¡ ! in I~II !III I ¡; _-ao MEETING DATE: May 3,2005 AGENDA ITEM: IX. A. 5 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-52: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for project no. 99-076, Cortaro Farms Road, Union Pacific Railroad to Star Grass Drive; and declaring an emergency. DISCUSSION Construction of the Cortaro Farms Road and Hartman Lane intersection improvements are underway. That portion of Cortaro Farms Road between Union Pacific Railroad (UPRR) to Star Grass Drive will be improved as Phase II with the proposed construction schedule to begin in the summer of 2005. As a part of this effort the Town must acquire additional rights-of-way, slope easements, drainage easements, temporary construction easements and other property rights as delineated within the plans titled Cortaro Farms Road, Union Pacific Railroad to Star Grass Drive, Town of Marana Project #99-076 (Pima County W.O. No. 4TCFIT, Revised). The Town has retained Baker, Peterson, Baker & Associates, Inc. to appraise and Tierra Right- of- Way Services to negotiate the purchase of the needed lands and property rights. Offers to purchase have been made to Ms. Mollie 1. Brown, the Jay R. and Jackie L. Fuller Revocable Trust, the Lane D. & Beatrice P. Justus Living Trust, RMLS-Cortaro/Nogales, LLC, and the William Thomas and Sandra D. Elliott Living Trust. Staff is continuing negotiations with Cortaro Ranch Community Association, First American Title, Qwest Communications, and Cortaro-Marana Irrigation District. If the offers are not accepted and further negotiations are not completed by May 27, 2005, the Town will likely need to file condemnation cases to obtain possession of the properties to allow Cortaro Farms Road to be constructed within the proposed schedule. Staff and all consultants will do their best to acquire or at least obtain right of entry for the property rights needed. However, it is in the Town's best interest to obtain authority from Mayor and Council to file condemnation cases to acquire the lands and property rights needed for the Cortaro Farms Road project if agreements cannot be reached. {00000699.DOC I} Resolution 2005-52 (Cortaro Farms Road) 4/26/2005 12:26 MMF:HTG FJC Page 1 of2 RECOMMENDATION Staff recommends adoption of Resolution No. 2005-52, authorizing acquisition by negotiation or condemnation of lands and property rights needed for project no. 99-076, Cortaro Farms Road, Union Pacific Railroad to Star Grass Drive; and declaring an emergency SUGGESTED MOTION I move to adopt Resolution No. 2005-52. {00000699.DOC /} Resolution 2005-52 (Cortaro Farms Road) 4/26/2005 12:26 MMF:HTG FJC Page 2 of2 MARANA RESOLUTION NO. 2005-52 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR PROJECT NO. 99-076, CORTARO FARMS ROAD, UNION PACIFIC RAILROAD TO STAR GRASS DRIVE; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary for the Town of Marana to acquire right-of-way for Cortaro Farms Road from Union Pacific Railroad to Star Grass Drive (the "Needed Property"); and WHEREAS, the Needed Property consists of rights-of-way, drainage easements, slope easements, temporary construction easements and other property rights as delineated within the plans titled Cortaro Farms Road, Union Pacific Railroad to Star Grass Drive, Town of Marana Project #99-076 (Pima County W.O. No. 4TCFIT, Revised); and WHEREAS, the Mayor and Council of the Town of Marana find that the public health, safety and welfare necessitate the acquisition of the lands and property rights associated with the construction of Cortaro Farms Road between Union Pacific Railroad and Star Grass Drive. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing and directing the Town's staff and attorney to enter into negotiations and if such negotiations fail, to bring an action under the power of eminent domain to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal or based on a determination of just compensation by the Court or jury. IT IS FUTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and council of the Town of Marana, Arizona, this 3rd day of May, 2005. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk {00000698.DOC /} Cortaro Road Condemnation Resolution (00000698).DOC 4/26/2005 12:06 PM MF:HTG FJC --'---'-.--"'---".- _..~......_.,.~._-"~..~~...._-..~-~~~-~~,,_._~...,--, MEETING DATE: May 3, 2005 AGENDA ITEM: IX. A. 6 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-53 Relating to Police; approving and author- izing the Chief of Police to execute an intergovernmental agree- ment with the Arizona Division of Emergency Management for purposes of the 2004 Homeland Security Grant Program. DISCUSSION The Arizona Division of Emergency Management has obligated funds to the Town of Marana in the amount of $30,000 to install a comprehensive interoperable communications system under the 2004 Homeland Security Grant Program. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-53, approving and authorizing the Chief of Police to execute an intergovernmental agreement with respect to this grant. ATTACHMENT(S) Intergovernmental Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2005-53. {00000684.DOC /} FJC/cds 4/21/05 MARANA RESOLUTION NO. 2005-53 RELATING TO POLICE; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DIVISION OF EMERGENCY MANAGEMENT FOR PURPOSES OF THE 2004 HOMELAND SECURITY GRANT PROGRAM. WHEREAS, the Arizona Division of Emergency Management has obligated funds to the Town of Maran a in the amount of$30,000 to install a comprehensive interoperable communications system; and WHEREAS, the Mayor and Council of the Town of Maran a feel it is in the best interests of the public to do so. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana that the intergovernmental agreement between the Town of Maran a and Arizona Division of Emergency Management, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives ofthe aforementioned intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 3rd day of May, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000683.DOC I} FJC:cds 4121105 JANET NAPOLITANO GOVERNOR ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS ARIZONA DIVISION OF EMERGENCY MANAGEMENT PREPAREDNESS SECTION 5636 East McDowell Road, Building M5IOI, Phoenix, Arizona 85008-3495 (602) 231-6225 FAX: (602) 231-6206 MG DAVID P. RATACZAK THE ADJUTANT GENERAL March 30, 2005 Town of Maran a Mr. Steve Johnson 13291 N. Lon Adams Road Marana, AZ 85653 RE: 2004 Homeland Security Grant Program # 2004-GE-T4-0051 Dear Mr. Steve Johnson: This letter is to inform you that the Arizona Division of Emergency Management (ADEM) in accordance with the requirements of the 2004 Homeland Security Grant Program is hereby obligating funds to the Town of Marana in the amount of $30,000.00 for the PPE requirements project Install a comprehensive interoperable communications system in the Town of Maran a Funds received under this grant must be spent prior to the end date of the grant and in compliance with the 2004 Homeland Security Grant Program guidelines and requirements. The active grant period is 12/01/2003 to 11/3012005. For requests for reimbursement, please provide a cover letter with each submittal specifying the grant number found at the top of this letter, the amount of funds requested, the name, address and the point of contact to receive the funds and the back up documentation in the form of receipts, purchase orders, etc. Included with this letter is a copy of an Intergovernmental Agreement to be signed between the Arizona Division of Emergency Management and the Town of Mar ana. Please sign and return to this office. This agreement once signed will be renewable on a yearly basis unless one or both of the parties choose not to renew. To obtain a copy of the 2004 Homeland Security Grant Program guidance documents, please go to http://www.oip.usdoi.gov/docs/fv04hsgp.pdf. If you have any questions or concerns, please contact me at (602) 231-6212 or mark.howard@azdema.gov. Thank you. s~ Mark Howard Homeland Security Grant Administrator Arizona Division of Emergency Management Cc: File Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs F or the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes This agreement, pursuant to A.R.S. § 11-951 et seq., is entered between the State of Arizona, Division of Emergency Management (ADEM) and The Town of Marana a Municipal Entity (Sub-grantee). This agreement shall be effective on the date signed by both parties. This agreement shall be in effect for one (1) year and shall automatically renew for one (1) year periods ITom effective date unless either party hereto gives written notice of intent not to renew agreement to the other party hereto thirty (30) days prior to the end of the one year period. This agreement shall apply to funds provided by or through the State to the Sub-grantee, pursuant to the United States Department of Homeland Security, Office for Domestic Preparedness, for all fiscal years, Public Law 108-11, 107-56, and 107-296. A. The Sub-grantee certifies that: 1. The recitals set forth above and the Sub-grantees certifications in paragraphs 2 through 13 below are incorporated into the agreement set forth in Sections B. through I. below as if set forth in their entirety. 2. The has legal authority to apply for funds on behalf of the Sub-grantee. 3. Federal funds under this award will be used to supplement but not supplant state or local funds. 4. The sub-grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving US DHS/ODP funds. 5. The Sub-grantee shall use US DHS/ODP funds solely for planning, administrative, training, exercise and when applicable for the purchase of US DHS/ODP authorized equipment. 6. The Sub-grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by ADEM. 7. The Sub-grantee shall return to the State, within two months of such request by ADEM, any partial reimbursement not supported by audit or other State review of documentation maintained by the Sub-grantee. 8. The Sub-grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 9. The Sub-grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 10. The Sub-grantee shall not enter into any contract with any party that is debarred or suspended ITom participating in State programs. 11. In accordance with the provisions of Section 319 of Public Law 101-121, and implementing regulations at 44 CFR Part 19, the State is responsible for obtaining trom state agencies and political subdivisions (Sub-grantees), contractors and subcontractors under this contract the requisite "Certification Regarding Lobbying" and "New Restriction on Lobbying" (44 CFR Part 18) for each grant. The Sub- grantee is responsible for filing these certification and disclosure forms with the State. 12. In accordance with the Drug tree Workplace Act of 1988 and implementing regulations, the Sub-grantee will provide the State a "Certification Regarding Drug- Free Workplace Requirments". 13. The Catalog Number of Federal Domestic Assistance (CFDA) for this grant is 16.007. B. The Sub-grantee agrees to: 1. Comply with applicable state and federal program laws, Executive Orders, regulations, OMB Circulars, and the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Comply with the organizational audit requirements OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19 (www.oip.usdoi.gov/FinGuide). 3. Submit a final financial status report to ADEM Homeland Security Grant Administrator, any required performance reports, a request to close the program, and any other required forms and certifications within 90 days of completion of grant activities. 4. Complete all activities related to funds within the time period prescribed in US DHS regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. 5. Submit quarterly status reports and closeout reports until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. Extensions will be granted due to conditions/causes that are beyond Sub-grantee's control. C. Payment 1. In Accordance with US DHS/ODP Grant Guidelines reimbursement will be the method for disbursement of funds. 2 D. Non-Availability of Funds Every payment obligation of the State is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by ADEM at the end ofthe period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the ADEM shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. E. Audit of Records The Sub-grantee shall retain all data, books and other records ("records") relating to this Agreement for a period of three years after completion of the Agreement. All records shall be subject to inspection and audit by ADEM at reasonable times. Upon request, the Sub-grantee shall produce the original of any or all such records. F. Interest Earned Sub-grantees shall account for interest earned on Federal funds. Interest earned shall be returnéd to the State Administering Agency, ADEM which shall in turn return the funds to the US DHS/ODP. G. Cancellation for Conflict of Interest Pursuant to ARS 38-511, the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any extension of the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. A cancellation made pursuant to this provision shall be effective when the Sub-grantee receives written notice ofthe cancellation unless the notice specifies a later time. H. Civil Rights 1. All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All Sub- grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OJP-funded programs or . activities. Section 809 (c)(1), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d) of the Act provides that "no person in any state shall on the grounds of race, color, religion, national origin, or sex be excluded rrom participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or 3 activity" in which federal law enforcement assistance is provided under this chapter. Recipients of assistance under the US DHS/ODP support are subject to the provisions of Section 809( c) of the Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the US Department of Justice Non-Discrimination Regulations, 28 CFR part 42, subparts C, D, E, and G. 2. If any court or administrative agency makes a fmding of discrimination on the grounds of race, color, religion, national origin, gender, disability, or age against a recipient of funds after a due process hearing, the recipient must agree to forward a copy of the finding to the Office of Civil Rights. If the Sub-grantee is applying for a grant of $500,000 or more, US Department of Justice regulations (28 CFR 42.301) require an Equal Employment Opportunity Plan. The plan should be included with the application submission if it is not already on file. 3. In accordance with Assurance No. 15, each Sub-grantee that receives $500,000 or more (or $1,000,000 in an 18-month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP) within 60 days of award to OCR at the US Department of Justice, Office of Civil Rights, 810 Seventh Street, NW, Room 8136, Washington, DC 20531. 4. Alternatively, the Sub-grantee may choose to complete an EEOP Short Form, in lieu of sending it own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEIOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet (www.oip.USDOJ.gov/ocr). 5. If any agency has under 50 employees, regardless of amount of award, no EEOP is required; however, Sub-grantee must return applicable portion of Certification Form to OCR within 60 days of award. This Certification form may also be downloaded from OCR's home page on the Internet. Pursuant to the special conditions regarding EEOPs governing this award, recipient acknowledges that failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the OCR. Additional Instructions For Sub-grantees Receiving $25,000 or More, but Under $500,000: Pursuant to Department of Justice regulations, each Sub-grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the sub-grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR). Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. 4 Additional Instructions For Sub-grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Sub-grantees. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964,42 USC Section 2000e. Additional information and technical assistance on the civil rights obligations of grantees and Sub-grantees can be found at: www.ojp.usdoi.gov/ocr. I. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. 5 Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs F or the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes Agreement Signature Page Signed for the Sub-grantee: Signature 04/15/05 Date Marana Police Department Agency 11555 W. Civic Center Drive, Building B Address Marana City 85653 Zip Code ATTEST: Michael Reuwsaat, Town Manager Town of Marana 11555 W. Civic Center Dr., Bldg. A Marana, AZ 85653 Signed for the State Administering Agency: Frank F. Navarrete, Director Arizona Division of Emergency Management Arizona Office of Homeland Security Date 6 AGENDA ITEM: IX. A. 7 TOWN COUNCIL MEETING INFORMA TION MEETING DATE: May 3,2005 TOWN OF MARANA TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2005-54: Relating to Police; approving and authorizing the Chief of Police to execute an intergovernmental agreement with the Arizona Division of Emergency Management for purposes of the 2004 Law Enforcement Terrorism Prevention Program requirements of the Homeland Security Grant Program. DISCUSSION The Arizona Division of Emergency Management (ADEM) provides grants to local governments. In accordance with the requirements of the 2004 Law Enforcement Terrorism Prevention Program (LETPP) requirements of the Homeland Security Grant Program is hereby obligating funds to the Marana Police Department in the amount of $7,700 for Generator upgrade within the Police Command Center vehicle. RECOMMENDATION Staff recommends that the Council authorize the Police Department to accept the law enforcement grant in compliance with the 2004 Law Enforcement Terrorism Prevention Program and Homeland Security Grant Program guidelines and requirements. SUGGESTED MOTION I move to adopt Resolution No. 2005-54. Homeland Security (LETPP) 04/25/05 MARANA RESOLUTION NO. 2005-54 RELATING TO POLICE; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DIVISION OF EMERGENCY MANAGEMENT FOR PURPOSES OF THE 2004 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM REQUIREMENTS OF THE HOMELAND SECURITY GRANT PROGRAM. WHEREAS, under the terms of the 2004 Law Enforcement Terrorism Prevention Program, the Arizona Division of Emergency Management has obligated funds to the Town of Marana in the amount of $7,700 for a generator upgrade within the Police Command Center vehicle; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to do so. 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 Arizona Division of Emergency Management, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Chief of Police 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 aforementioned intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Pima County, Arizona, this 3rd day of May, 2005. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima County, Arizona, this 3rd day of May, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney JANET NAPOLITANO GOVERNOR ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS ARIZONA DIVISION OF EMERGENCY MANAGEMENT PREPAREDNESS SECTION 5636 East McDowell Road, Building M5101, Phoenix, Arizona 85008-3495 (602) 231-6225 FAX: (602) 231-6206 MG DAVID P. RAT ACZAK THE ADJUTANT GENERAL April 19, 2005 Marana Police Department Chief Richard Vidaurri 11555 W. Civic Center Drive Marana, AZ 85653 RE: 2004 Law Enforcement Terrorism Prevention Program # 2004-GE-T4-0051 Dear Chief Vidaurri: This letter is to inform you that the Arizona Division of Emergency Management (ADEM) in accordance with the in accordance with the requirements of the 2004 Law Enforcement Terrorism Prevention Program (LETPP) requirements of the Homeland Security Grant Program here by award obligating funds to The Marana Police Department in the amount of$7,700.00 for Generator upgrade in command post. Funds received under this grant must be spent prior to the end date of the grant and in compliance with the 2004 Law Enforcement Terrorism Prevention Program guidelines and requirements. The active grant period is 12/01/2003 to 11/3012005. For requests for reimbursement, please provide a cover letter with each submittal specifying the grant number found at the top of this letter, the amount of funds requested, the name, address and the point of contact to receive the funds and the back up documentation in the form of receipts, purchase orders, etc. Included with this letter is a copy of an Intergovernmental Agreement Letter to be signed between the Arizona Division of Emergency Management and Marana Police Department. Please sign and return to this office. This agreement once signed will be renewable on a yearly basis unless one or both of the parties choose not to renew. To obtain a copy of the 2004 Law Enforcement Terrorism Prevention Program guidance documents, please go to http://www.ojp.usdoj.gov/docs/fy04Ietpp.pdf. If you have any questions or concerns, please contact me at (602) 231-6212 or mark.howard(cl¿azdema. gov. Thank you. Mark Howard Homeland Security Grant Administrator Arizona Division of Emergency Management Cc: Pile Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes This agreement, pursuant to A.R.S. § 11-951 et seq., is entered between the State of Arizona, Division of Emergency Management (ADEM) and The Town of Marana , a Municipal Entity (Sub-grantee). This agreement shall be effective on the date signed by both parties. This agreement shall be in effect for one (1) year and shall automatically renew for one (1) year periods fiom effective date unless either party hereto gives written notice of intent not to renew agreement to the other party hereto thirty (30) days prior to the end of the one year period. This agreement shall apply to funds provided by or through the State to the Sub-grantee, pursuant to the United States Department of Homeland Security, Office for Domestic Preparedness, for all fiscal years, Public Law 108-11, 107-56, and 107-296. A. The Sub-grantee certifies that: 1. The recitals set forth above and the Sub-grantees certifications in paragraphs 2 through 13 below are incorporated into the agreement set forth in Sections B. through 1. below as if set forth in their entirety. 2. The has legal authority to apply for funds on behalf of the Sub-grantee. 3. Federal funds under this award will be used to supplement but not supplant state or local funds. 4. The sub-grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving US DHS/ODP funds. 5. The Sub-grantee shall use US DHS/ODP funds solely for planning, administrative, training, exercise and when applicable for the purchase of US DHS/ODP authorized equipment. 6. The Sub-grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by ADEM. 7. The Sub-grantee shall return to the State, within two months of such request by ADEM, any partial reimbursement not supported by audit or other State review of documentation maintained by the Sub-grantee. 8. The Sub-grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 9. The Sub-grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 10. The Sub-grantee shall not enter into any contract with any party that is debarred or suspended from participating in State programs. ",' 11. In accordance with the provisions of Section 319 of Public Law 101-121, and implementing regulations at 44 CFR Part 19, the State is responsible for obtaining from state agencies and political subdivisions (Sub-grantees), contractors and subcontractors under this contract the requisite "Certification Regarding Lobbying" and ''New Restriction on Lobbying" (44 CPR Part 18) for each grant. The Sub- grantee is responsible for filing these certification and disclosure forms with the State. 12. In accordance with the Drug free Workplace Act of 1988 and implementing regulations, the Sub-grantee will provide the State a "Certification Regarding Drug- Free Workplace Requirments". 13. The Catalog Number of Federal Domestic Assistance (CFDA) for thís grant is 16.007. B. The Sub-grantee agrees to: 1. Comply with applicable state and federal program laws, Executive Orders, regulations, OMB Circulars, and the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Comply with the organizational audit requirements OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19 (www.o]p.usdo].gov/FinGuide). 3. Submit a final financial status report to ADEM Homeland Security Grant Administrator, any required performance reports, a request to close the program, and any other required forms and certifications within 90 days of completion of grant activities. 4. Complete all activities related to funds within the time period prescribed in US DHS regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. 5. Submit quarterly status reports and closeout reports until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. Extensions will be granted due to conditions/causes that are beyond Sub-grantee's control. c. Payment 1. In Accordance with US DHS/ODP Grant Guidelines reimbursement will be the method for disbursement of funds. 2 D. Non-Availability of Funds Every payment obligation of the State is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by ADEM at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the ADEM shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. E. Audit of Records The Sub-grantee shall retain all data, books and other records ("records") relating to this Agreement for a period of three years after completion of the Agreement. All records shall be subject to inspection and audit by ADEM at reasonable times. Upon request, the Sub-grantee shall produce the original of any or all such records. F. Interest Earned Sub-grantees shall account for interest earned on Federal funds. Interest earned shall be returnêd to the State Administering Agency, ADEM which shall in turn return the funds to the US DHS/ODP. G. Cancellation for Conflict of Interest Pursuant to ARS 38-511, the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any extension of the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. A cancellation made pursuant to this provision shall be effective when the Sub-grantee receives written notice of the cancellation unless the notice specifies a later time. H. Civil Rights 1. All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All Sub- grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OJP-funded programs or . activities. Section 809 (c )(1), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d) of the Act provides that "no person in any state shall on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or 3 activity" in which federal law enforcement assistance is provided under this chapter. Recipients of assistance under the US DHS/ODP support are subject to the provisions of Section 809( c) of the Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the US Department of Justice Non-Discrimination Regulations, 28 CPR part 42, subparts C, D, E, and G. 2. If any court or administrative agency makes a fmding of discrimination on the grounds of race, color, religion, national origin, gender, disability, or age against a recipient of funds after a due process hearing, the recipient must agree to forward a copy of the finding to the Office of Civil Rights. If the Sub-grantee is applying for a grant of $500,000 or more, US Department of Justice regulations (28 CPR 42.301) require an Equal Employment Opportunity Plan. The plan should be included with the application submission if it is not already on file. 3. In accordance with Assurance No. 15, each Sub-grantee that receives $500,000 or more (or $1,000,000 in an 18-month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP) within 60 days of award to OCR at the US Department of Justice, Office of Civil Rights, 810 Seventh Street, NW, Room 8136, Washington, DC 20531. 4. Alternatively, the Sub-grantee may choose to complete an EEOP Short Form, in lieu of sending it own comprehensive EEOP, and return it to OCR within 60 days ofthe date of this letter. This easy-to-follow EEOP short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEIOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet (www.oip.USDOJ.gov/ocr). 5. If any agency has under 50 employees, regardless of amount of award, no EEOP is required; however, Sub-grantee must return applicable portion of Certification Form to OCR within 60 days of award. This Certification form may also be downloaded from OCR's home page on the Internet. Pursuant to the special conditions regarding EEOPs governing this award, recipient acknowledges that failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the OCR. Additional Instructions For Sub-grantees Receiving $25,000 or More, but Under $500,000: Pursuant to Department of Justice regulations, each Sub-grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the sub-grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR). Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. 4 Additional Instructions For Sub-grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Emplo)IDent Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Sub-grantees. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964,42 USC Section 2000e. Additional information and technical assistance on the civil rights obligations of grantees and Sub-grantees can be found at: www.oip.usdoi.gov/ocr. I. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. 5 Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes Agreement Signature Page Signed for the Sub-grantee: Signature 04/25/05 Date Marana Police Department Agency 11555 W. Civic Center Drive, Building B Address City 85653 Zip Code Marana ATTEST: Michael Reuwsaat, Town Manager Town of Marana 11555 W. Civic Center Dr., Bldg. A Marana, AZ 85653 Signed for the State Administering Agency: Frank F. Navarrete, Director Arizona Division of Emergency Management Arizona Office of Homeland Security Date 6 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 3, 2005 AGENDA ITEM: IX. A. 8 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Proclamation: 36th Annual Municipal Clerks Week DISCUSSION Nationally, May 1 through May 7, 2005, is designated as Municipal Clerks Week. Internationally, Municipal Clerks serve governments and governmental organizations through their works as elections officials, public records managers and others tasks requiring a high level of skill and experience. The International Institute of Municipal Clerks has asked jurisdictions to acknowledge the work of the clerks through this proclamation. RECOMMENDA TION Staff recommends approval of the Proclamation. SUGGESTED MOTION I move to proclaim the week of May lthrough May 7, 2005, to be Municipal Clerks Week. BLU Munci Clerk Proclamation. doc Proclamation 36th Annual Municipal Clerks Week WHEREAS, the Office of the Municipal Clerk, a time-honored and vital part of local government, exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and· the annual meetings of their state, province, county and internal professional organizations. NOW, THEREFORE, the Mayor and Council of the Town of Marana do recognize the week of May 1 through May 7, 2005 Municipal Clerks Weeks and further extend appreciation to our Munreipal Clerk, Jocelyn C. Bronson, and to all Municipal Clerks for the vital services they peñorm and their exemplary dedication to the communities they represent. Dated this 3rd day of May, 2005. ~ Bobby Sutton, Jr., Mayor ATTEST: TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 3,2005 AGENDA ITEM: IX. A. 9 TO: MAYOR AND COUNCIL FROM: H. Thomas Gill, JR., Interim Director of Public Works SUBJECT: Proclamation: Public Works Week 2005 DISCUSSION Nationally, May 15 through May 21, 2005, has been designated as Public Works Week. This year's theme is "Public Works is Everywhere You Look". The employees of the Department of Public Works are the Town's unsung heroes, who maintain and protect the health, safety, comfort and welfare of its citizens through endless dedication and service. We are proud to have fifty-six (56) individuals who uphold the Department's Mission Statement: "The Marana Department of Public Works is committed to providing quality service by consistently delivering and maintaining reliable, safe, public facilities with a productive, respectful and ethical work force." ATTACHMENTS Exhibit "A" List of Public Works Employees RECOMMENDATION Staff recommends approval of the Proclamation. SUGGESTED MOTION I move to proclaim the week of May 15 through May 21, 2005, to be Public Works Week. PW Week Bluesheet.doc EXHIBIT "A" Tim Allen Vince Lorefice Mike Medina Mike Mencinger Manny Miranda Steve Monson Monica Moxley Gus Myers Michael Nitka Steve Noeth Michael Ortiz Carole Paul Thomas Peercy George Pesina Jr. George Pesina Sr, Debbie Pickard Scotty Pinedo Fernando Prol Morris Reyna Alfonso Rodriguez Marcel Rodriguez Michael Ryder Peggy Smothers John Swanson Kevin Thornton Pedro Turrubiartes Michelle White Michael Washburn Daniel Whitehair Jesus Arenas Paul Baughman Larry Beasley Joe Betancourt Keith Brann Shad Bustamante J ana Camp Jennifer Christelman Patrick Cochran Dennis Dolan Lisa Duncan Sandy Farris Jason Flood James Flores Myrlene Francis Keith Francis Cookie Gallegos H. Thomas Gill, JR. Terry Hanson Ben Higgins Tom Houle Woodie Hughes Keith Kohler Rick Lantz Carl Larson Scott Leska Ron Logan PROCLAMATION WHEREAS, Public Works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the Marana Department of Public Works is committed to providing service by consistently delivering and maintaining reliable, safe, public facilities with a dedicated, productive, respectful and ethical work force; and WHEREAS, the quality arid effectiveness of these facilities, as well as their planning, design, construction and maintenance is vitally dependent upon the efforts and skill of public works officials and employees; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works Departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; NOW, THEREFORE, I Bobby Sutton, Jr., Mayor of Marana, Arizona, dò hereby proclaim May 15 - 21 2005, to be PUBLIC WORKS WEEK in the Town of Marana, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works organizations and to recognize the invaluable contributions to which public works officials and professionals make to the infrastructure they build and maintain everyday to sustain our comfort, health, well-being in support of our quality of life. Dated this 3rd day of May, 2005. Mayor Bobby Sutton, Jr. ATTEST: