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HomeMy WebLinkAbout10/19/2010 Council Agenda Packet"~r ~~~ ~~-'~~ ~~.~~~~. MARANA TOWN COUNCIL *Amended on 10/18/2010 at 3:34 p.m. -REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 19, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member 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. Meeting Times 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. Speaking at Meetings 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 Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. 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 Regular Council Meeting -October 19, 2010 -Page 1 of 701 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. Agendas 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 Monday, October 18, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue 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. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) 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. PROCLAMATIONS 2010 Arizona Cities and Towns Week MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from Regular Council Meeting -October 19, 2010 -Page 2 of 101 the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2010-99: Relating to Community Development; approving and authorizing the Town Manager to execute Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 State Homeland Security Grant Program and Urban Area Security Initiative (T VanHook) C 2: Resolution No. 2010-100: Relating to Traffic Engineering; approving and authorizing the Mayor to execute an intergovernmental agreement with the Regional Transportation Authority of Pima County to purchase and install Marana wireless signal updates (Keith Brann) C 3: Resolution No. 2010-101: Relating to Public Works; abandoning a strip of public right-of-way off Sanders Road south of Marana Road within Section 20, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona (Keith Brann) C 4: Resolution No. 2010-102: Relating to Personnel; approving and authorizing staff to implement an amended Separation Incentive Plan for fiscal year 2011; authorizing staff to make additional payments to fiscal year 2011 Separation Incentive Plan participants in conformance with the amended Separation Incentive Plan (Suzanne Machain) C 5: Minutes of the October 5, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #12 (Restaurant) liquor license application submitted by James Robert Ledbetter on behalf of Jimmy's American Bistro located at 8235 N. Silverbell Road #105 L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the St. Christopher Catholic Church, 12101 W. Moore Road, for a church fundraiser BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2010.18: Relating to Land Development; amending the Marana Land Development Code to amend Title 3 (Definitions) to add definitions of "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location"; to amend Title 5 (Zoning) to add "medical marijuana dispensary" as a conditional use in the RC Regional Commercial zone (05.11.04), the LI Light Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03), and to add "medical marijuana dispensary offsite cultivation location" as a conditional use in the AG Agricultural zone (05.10.01), the LI Light Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03); and to amend Title 8 (General Development Regulations) to add a new section 08.08 entitled "Medical .Marijuana Uses," imposing special setback, performance, and application Regular Council Meeting -October 19, 2010 -Page 3 of 101 requirements for all "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" uses; and establishing an effective date Resolution No. 2010-103; Relating to Development; declaring the amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" zoning regulations as a public record filed with the town clerk (Frank Cassidy) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: L egislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Gilbert Davidson) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for legal advice with the town's attorneys and to consider the town's position and instruct its attorneys regarding the Tortolita Preserve lease with Arizona State Land Department, ASLD Lease Number 03-105436-99 E 4: Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the Added Late Town's position and instruct its representatives regarding negotiations for the settlement of the lawsuit entitled State of Arizona v. Southwest Mining & Development, et al. filed in the Pima County Superior Court as C2007-7232 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be ,placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -October 19, 2010 -Page 4 of 101 r«... ~+5 ... .. ~ _..............._ ~ , 1 `J P~ ~1~f~~~~~~TIC}~°~ W~~~1r fill{s r ~.I~~'s~i~ ?E~ #"~Cl~ ~ yr ~;~. ~'!'I"''i't'(lt lC! 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-99: Relating to Community Development; approving and authorizing the Town Manager to execute Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 State Homeland Security Grant Program and Urban Area Security Initiative Discussion: The Town of Marana has been awarded funding under two separate Homeland Security programs, the Urban Area Security Initiative (UASI) and the State Homeland Security Grant Program (SHSGP). The UASI program is managed by the U.S. Department of Homeland Security and administered by the Arizona Department of Homeland Security. The UASI program focuses on enhancing regional preparedness in major metropolitan areas. The UASI program directly supports the National Priority on expanding regional collaboration in the National Preparedness Guidelines and is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery. Across the nation, 62 high-risk Urban Areas are eligible for funding under the FY 2009 UASI program. The Tucson Metropolitan Area is classified as one of these areas (Tucson Urban Areas Security Initiative -TUASI) and the Town of Marana participates alongside Oro Valley, Sahuarita, Tucson, South Tucson, Pima County, the Pasqua Yaqui Tribe and the Tohono O'odham Nation as part of the eight-member TUASI collaborative. Under a joint planning initiative, TUASI partners have established the Regional Planning Cooperative to address both the individual needs of local jurisdictions and to create a single body of trained, focused, and coordinated personnel equipped to create homeland security and emergency preparedness plans where they are absent, update/complete plans that have not yet been completed, and deconflict plans across our region. To ensure equal representation and participation by all partners across the region, the five jurisdictions without full-time planners have come together to apply for funding under the Homeland Security Grant Program to establish this cohesive effort. The goal of the Regional Planning Cooperative is to coordinate planning efforts across the eight TUASI jurisdictions in support of the AZ State Homeland Security initiatives and ensure equal Regular Council Meeting -October 19, 2010 -Page 6 of 101 representation and participation by all partners. TUASI recognizes the need to form a focused team to mitigate the concerns, threats, and challenges that face our region and nation. The Regional Planning Cooperative will coordinate planning efforts across the eight TUASI jurisdictions to support the AZ State homeland security initiatives. A portion of the 2010 Homeland Security funding ($90,000) awarded under the proposed contract will be used to maintain the planner position established during 2009 as part of the TUASI Regional Planning Cooperative. The remaining funds ($33,666) will be used to purchase equipment vital to emergency operations in the Emergency Operations Center (EOC). The second program, SHSGP, administers funding to agencies addressing Arizona's homeland security strategy which has identified ten action items and five priorities. This funding is intended to enhance the protection of Arizona's residents and critical infrastructure from potential terrorist attacks and other significant hazards and support local governments in preparing for and responding to all emergency and disaster situations, whether terrorist incidents or natural occurrences such as floods and wildfires. 2010 SHSGP dollars will support the installation of equipment that will allow staff to tie portable generators to the designated EOC and server rooms to provide emergency power during an incident. Financial Impact: There is no match funding requirement under this program. ATTACHMENTS: Name: Description: ^ Reso_AZDOHS_agreements_ (00023493). DOC Resolution Type: Resolution Homeland Security Grant Agreement Contract TUASI ^P_olce_T_UASldoc Planner 2010 Exhibit ^ Police TUASI EOC.doc Homeland Security Grant Agreement Contract TUASI EOC Exhibit - __ 2010 ^ Police SHSGP EOC.doc Homeland Security Grant Agreement Contract SHSGP EOC Exhibit _......_.. _ ... _....... - 2010 Staff Recommendation: Staff recommends approval of the Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Homeland Security Grant Programs. Suggested Motion: I move to adopt Resolution No. 2010-99; approving and authorizing the Town Manager to execute Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 State Homeland Security Grant Program and Urban Area Security Initiative. Regular Council Meeting -October 19, 2010 -Page 7 of 101 MARANA RESOLUTION N0.2010-99 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE SUBGRANTEE AGREEMENTS WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING FUNDS UNDER THE 2010 STATE HOMELAND SECURITY GRANT PROGRAM AND THE URBAN AREA SECURITY INITIATIVE WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security and other community agencies as a regional partner in the State Homeland Security Grant Program and the Tucson Urban Area Security Initiative (TUASI); and WHEREAS the Arizona Department of Homeland Security has awarded grant funding (CFDA #97.067) for the provision of Emergency Operations Center equipment, personnel expenses, employee related expenses, supplies, and travel to support Marana's work in coordination with the TUASI; and WHEREAS under the terms of the 2010 State Homeland Security Grant Program, upon execution of a Subgrantee Agreement the Town of Marana is eligible to receive funds in the amount of $47,500.00 from the Arizona Department of Homeland Security; and WHEREAS under the terms of the 2010 Urban Area Security Initiative, upon execution of two Subgrantee Agreements the Town of Marana is eligible to receive funds in the amount of $123,666.00 from the Arizona Department of Homeland Security. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Subgrantee Agreements 09-AZDOHS-HSGP-777901-02, 10-AZDOHS- HSGP-777901-01 and 10-AZDOHS-HSGP-777407-01 between the Arizona Department of Homeland Security and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibits A, B and C, respectively, are hereby approved and the Town Manager is hereby authorized to execute them for and on behalf of the Town of Marana. Regular Council Meeting -October 19, 2010 -Page 8 of 101 Marana Resolution 2010-99 {00023493.DOC /} SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Subgrantee Agreements. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of October, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 19, 2010 -Page 9 of 101 Marana Resolution 2010-99 2 {00023493.DOC /} SUBGRANTEE AGREEMENT 09-AZDOHS-HSGP- 777901-02 Between The Arizona Department of Homeland Security And Town of Marana WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana (subrecipient) for services under the terms of this Grant Agreement. 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2010 and shall terminate on September 30, 2011. The obligations of the subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled, "TUASI- Regional Planning Cooperative" and funded at $90,000 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a>. Provide up to $90,000.00 to the subrecipient for services provided under Paragraph III. b). Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at .azdohs. ov. Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. 10- -KeO lar SG GI 9 ~-02 o~~~f .~~ 20s1~ - Pam 1~ $f 1Q~ Page 1 Any unaurllionz~c~iange§~td~~ doc wi [ re u in to ma i n o is award. Version 09282010 V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used for the project(s) and scope of work outlined in this Agreement. Therefore, should the project not be completed, be partially completed the subrecipient shall reimburse said funds directly to AZDOHS immediately, or be completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT/PROGRAMTIC MONTIORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and §35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par., 7501- 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A-133 ("Audits of States, Local Governments, and Non-profit Organizations") if the subrecipient expends more than $500,000 from federal awards. If the subrecipient has expended more than $500,000 in federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will. be monitored periodically by AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and onsite monitoring visits. Monitoring can involve aspects of the work involved under this contract including by not limited to the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at htt :CC .access. o. ov/nara/cfrlwaisidx 07I44cfrv1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at htt :CC .access. o. ovCnaraCcfrCwaisidx 07C2cfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at tt :CC .whitehouse. ovComb/circularsla133Ca133.html. 10- OHS- GP, 779 ]-02 Page 2 Any u~n~u~o~ i~~iangeset~G~~ doOcu~ien{wilt re§uR [nP~i~finatign of Phis awazd. Version 09282010 c) 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments (formerly OMB Circular A-102 at ttp:fl149.168.212.15/mitigation/Library/44 CFR-Part 13,pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at htfi s:/Iwww.rkb.mi t.or /ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20 Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the national Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66. Included within the above mentioned guidance documents are provisions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Subrecients shall not undertake any project having the. potential to impact EHP resources without the prior approval of the AZDOSH/FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Sub recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources arc discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Construction activities shall not be initiated prior to the full environmental and historic preservation review. Consultants/Trainers/Training Providers Billings for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the sub-grantee and 44 CFR Chapter 1, Part 13 and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed 10- -lze~ Isr G ci`I M 9 ]-02 p~~n~~{ 1~ Os1~ P 1~ gf 1gt'Ih Page 3 Any unau~llio~iz~~ianges~t~~t~ doc w< I ~e u in t~ir~ina i n o is award. Version 09282010 reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed for costs other than travel, lodging, and per diem on travel days for consultants/trainers/training providers. Contractors/Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: hp:// ,gao.state.gav. Procurement The subrecipient shall comply with all internal agency procurement rules/policies and must also comply with Federal procurement rules/policies as outlined in section VII and all procurement must comply with substantially with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training The subrecipient agrees that any grant funds used for training must be in compliance with grant guidance. All training must be approved through the ADEM/AZDOHS training request process prior to execution of training contract(s). Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging. for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify requirement. a) The Contractor warrants compliance with aII Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, 10-A7~OF~ar SG cil M 9 ]-02 Octobe 1gg 2~11n P 1 f 1pt Page 4 Any un~i~ionz cp~iangesPt~~t~ documen~wtll re§uli in t~i~ina~ign of Phis award. Version 09282010 after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.) b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Contractor may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 8(a). Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this sub-part have the following meaning (see also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Sub-part 114S-60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in. use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. An equipment/capital asset list shall be maintained for the entire scope of the program or project for which it was acquired. All equipment having an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and/or a useful life of more than one year shall be included in the equipment/capital asset list. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the subrecipient for 10- OHS- SGP-. 9 ]-02 Page 5 Any u~u~fioai~~c~i~ges~td~~it~ do~c~i~~{wilt ~~e~u1T inP~i~inatigrY bithis award. Version 09282010 administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. 10-A7~0 lar SG G7 9 1-02 p~i~~{ 1 ~ 2(~1R P 1 ~ g~ ~$t1h Page 6 Any un~it~ionz c~iange ~~ ~ doc w~ i re u in t~i~ina i is award. Version 09282010 VI11. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable federal regulations for administrative requirements, costs principles and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary. by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. b) Quarterly reports are due: January 15 (period October 1-December 31) April 15 (period January 1 -March 31) July 15 (period April 1 -June 30) October 15 (period July 1 -September 30) 10- OHS- SGP, 9 ~-02 Page 7 Any aeiz~ior~z~~~iaRg~et~~Ilit~ do~cum~~~w~ll Ie§uR inP~i~ina~iSn of Phis award. Version 09282010 c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. All reports shall be submitted to the contact person as described in Paragraph XXXVIII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment,"and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option, may terminate this Agreement. XVI. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement 10-H7~OF~S~ SG ~7~9~]-02 O 1 1 P e 17. Page 8 Any uniiir~o~i ~z~~iar~geseto I~it~ doc~i~i~t~{w~1t ~e~uR in t~i~nmahg~3 bf this award. Version 09282010 on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XVIII. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XIX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XX. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXI. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. 10-" ~O lay SG G7~9 1-02 Oc e 1g 9 1n P e t f 1p tt Page 9 Any un~u~ionz cQ~iangesetefi~~ docu~i~n{wilt ~e~uR in tei~nma~ign of Phis award. Version 09282010 XXII1. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph X, REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXIV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXV. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. NON-DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order2009-09. XXVII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVIII. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXIX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXX. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with federal funds shall contain the following statement: 10-A7~e01-ISM SG G~~9 ]-02 0~~~{ 1~ 9 1~ P e 1~ gf ~$~ Page 10 Any unau~io~ii~cQc~rianges Y~~t~ doc w~ i feu in t~i~nma i n is award. Version 09282010 "This document was prepared under a grant from U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub-recipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXI. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXII. INDEMNIFICATION To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. XXXI11. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 10-A7~01-1a~ SG G'I 9Q],-02 Oct 1 20111 P e 2~1 of 1 t Page 11 Any uniii~lionz~cp~iange§et~'tlie~ docu~i~r~{wi~i resuR in t~i~runaTion o~this award. Version 09282010 XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXV. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVI. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXVIII. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award orsub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing be delivered in person or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 10-_ -Key lar Gca'1 M e 1-02 pr0~°~~{ 1~ 1~ P 2~ gf 1$~h Page 12 Any unauttlionz~c~ianges~o~t~ doc wi t ~~u in t~i~ina i n o is award. Version 09282010 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: Ms. T. VanHook, Community Development Director Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 XL. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town of Marana Gilbert Davidson Town Manager FOR AND BEHALF OF THE Arizona Department of Homeland Security Gilbert M. Orrantia Director Date Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 10-A7~01-1a~ GP~7~9 ]-02 Oc~n°~~i• 1~ 20s1~ P 2?1 gf 1Q~ Page 13 Any un~i~lionz ~ianges~t~ ~ docu wi I re u in t~r~ina i n o is award. Version 09282010 SUBGRANTEE AGREEMENT 10-AZDOHS-HSGP- 777901-01 Between The Arizona Department of Homeland Security And Town of Marana WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana (subrecipient) for services under the terms of this Grant Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT. TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2010 and shall terminate on September 30, 2011. The obligations of the subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled, "TUASI- EOC Equipment Initiative -Marana" and funded at $33,666.00 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a~. Provide up to $33,666.00 to the subrecipient for services provided under Paragraph III. b). Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www,azdohs. ov. Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. 10-A~Ol~ar SG cil M 9(~1-01 Oct~~~{ 1 ~ 201 P e 2~ of 1$~ Page 1 Any unat~ion cpc~ianges~t~6 {('ir~ docu wi I resu in ter~nma ion o is award. Version 09282010 V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used for the project(s) and scope of work outlined in this Agreement. Therefore, should the project not be completed, be partially completed the subrecipient shall reimburse said funds directly to AZDOHS immediately, or be completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT/PROGRAMTIC MONTIORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and §35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par., 7501- 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must. have an annual audit conducted in accordance with OMB Circular #A-133 ("Audits of States, Local Governments, and Non-profit Organizations") if the subrecipient expends more than $500,000 from federal awards. If the subrecipient has expended more than $500,000 in federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and onsite monitoring visits. Monitoring can involve aspects of the work involved under this contract including by not limited to the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at htt :!! .access. o. ovlnaralcfrlwaisidx 07l44cfrvl 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at htt :!! .access. o. ov/naralcfr/waisidx 07l2cfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at htt :i! .whitehouse. ovlomblcirculars/a133la133.html. 10-" ~eO~ar SG ci`I M 9-t1-01 pct~~~{ 1~ 201 P e2~ of 1$~ Page 2 Any unau~onz~cP~ianges~t~ I('te~ doc wi t resu fn t~i~nula ion o is award. Version 09282010 c) 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments (formerly OMB Circular A-102 at http://149.168.212.15/mitigation/Library/44 CFR-Part 13.df U.S. Department of Homeland Security Authorized Equipment List (AEL) available at htt s://www.rkb.mi t.or /ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20 Criminal Justice .Information Systems; Part: 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the national Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66. Included within the above mentioned guidance documents are provisions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Subrecients shall not undertake any project having the potential to impact EHP resources without the prior approval of the AZDOSH/FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Sub recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources arc discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Construction activities shall not be initiated prior to the full environmental and historic preservation review. Consultants/Trainers/Training Providers Billings for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the sub-grantee and 44 CFR Chapter 1, Part 13 and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed 10-" ~e0" lar SG G7~9 ]-01 Oc h 1q 0111 P e2 of 1 Page 3 Any unau~onz cpc~ianges~t~ ~ docu~i~r~~will resuR in t~i~nma~ion of this award. Version 09282010 reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed for costs other than travel, lodging, and per diem on travel days for consultants/trainers/training providers. Contractors/Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: httpa/www.gao.state.ov. Procurement The subrecipient shall comply with all internal agency procurement rules/policies and must also comply with Federal procurement rules/policies as outlined in section VII and all procurement must comply with substantially with Arizona State procurement code and rules. The Federal intent is that all Homeland. Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training The subrecipient agrees that any grant funds used for training must be in compliance with grant guidance. All training must be approved through the ADEM/AZDOHS training request process prior to execution of training contract(s). Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify requirement. a) The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, 10- O S- GP, 9 1-01 Page 4 Any un~u~o~il~ c~~ia~i g~Pt~fi~llit~ a°~,°~ r{will Ce~uR inP~i~ina~i8n of this award. Version 09282010 after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.) b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Contractor may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 8(a). Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this sub-part have the following meaning (see also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Sub-part 114S-60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. An equipment/capital asset list shall be maintained for the entire scope of the program or project for which it was acquired. All equipment having an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and/or a useful life of more than one year shall be included in the equipment/capital asset list. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the subrecipient for 10- -Ke0 lar sG ci~~9 t1-01 c o 1g 9 1n P 7. f 1p1 Page 5 Any unat~ionz~~~criangeset~ Illie~ d~cu~in~r~{will Pe~uR in t~i~i~at~g~i bC fhis award. Version 09282010 administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. 10-~0 S- SGP,7~~9 1-01 Ortobe 1g 2 1n P 2 f lot Page 6 My unau~~~ilz~c~l'ia~i ge§~eb~~ doc~i'men{w~11 re~uR [n t~i~ina~iSn offhis award. Version 09282010 VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable federal regulations for administrative requirements, costs principles and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. b) Quarterly reports are due: January 15 (period October 1-December 31) April 15 (period January 1 -March 31) July 15 (period April 1 -June 30) October 15 (period July 1 -September 30) 10- OHS- SGP, ~,,~9 ~-01 Page 7 Any n~u~o~i iz~~ia~i ge§~to~}~i~ do~cultn~~{wilt re§uR inP~i~ina~iSn of this award. Version 09282010 c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Confrol Form. All reports shall be submitted to the contact person as described in Paragraph XXXVIII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment,"and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option, may terminate this Agreement. XVI. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement 10- OHS- SGP-. 9 ]-01 Page 8 My n~u~lio~i~~cQ~ia~i~g~et~G~l~ doOc~r'm~~{wili r~~uR inPer~neinaTion of Phis award. Version 09282010 on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XVIII. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XIX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XX. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXI. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. 10-A~eO S~ SG cI~~9 1-01 Ortohe 1g 20111 P eat oft Page9 Any unau~fi~~i~z~cQc~iar~ge§~~6~1~ doc~i'men~wilr result in t~i~mnation oifhis award. Version 09282010 XXIII. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph X, REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXIV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXV. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. NON-DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order2009-09. XXVII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVIII. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXIX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXX. OWNERSHIP OF INFORMATION. PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with federal funds shall contain the following statement: 10-,q~O~{S- SGP- 9 7-01 Page 10 My uiii~io~z~cQ~iang~Ptb~~ doGcum~~{w~1I re§ul~ inP~r~t~i~a~ign oCthis award. Version 09282010 "This document was prepared under a grant from U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub-recipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXI. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXII. INDEMNIFICATION To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. XXXIII. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 10-~~ Iar Gca'1 M 911-01 ~~be{ 1 ~ Zg1~ - Par~r~~ 8f 1 ~t1h Page 11 Any un~itttlrionz cQ~ianges~t~ ihi~ docu en wi t re u into ~ a i n o is award. Version 09282010 XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXV. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVI. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXVIII. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing be delivered in person or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 10-" -K O" lar SG ci7~9 ]-01 Oct~t~e{ 1~ 7~01~ P ed3~ gf b~~ Page 12 Any un~ir~ionz ~iangeset~~e~ docu n w< t r su in t~r4ni a i n is award. Version 09282010 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: Ms. T. VanHook, Community Development Director Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 XL. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town of Marana Gilbert Davidson Town Manager FOR AND BEHALF OF THE Arizona Department of Homeland Security Gilbert M. Orrantia Director Date Date AZp(PlHease be 7sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 10-_ Re~_ lar SG cil 9~1-01 p~erPf{ 1~ 2051 P r~~ Sf 1~t1h Page 13 Any unau~ionz~cQc~iang~~t~G ~it~ doc wi 1 re u in t~i~i a i n o is award. Version 09282010 SUBGRANTEE AGREEMENT 10-AZDOHS-HSGP- 777407-01 Between The Arizona Department of Homeland Security And Town of Marana WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Town of Marana (subrecipient) for services under the terms of this Grant Agreement. I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. II. TERM OF AGREEMENT, TERMINATION AND AMENDMENTS This Agreement shall become effective on October 1, 2010 and shall terminate on September 30, 2011. The obligations of the subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled, "Marana EOC Equipment" and funded at $47,500.00 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a>_ Provide up to $47,500.00 to the subrecipient for services provided under Paragraph III. b). Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at .azdohs.ov. Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. 10- OHS- SGP- 4 7-01 Page 1 Any u~u~fionz~c~iang~~t~~t~ doOc~i~n8t~{wi1- re§uR inP~i~fi~a~ign of this award. Version 09282010 V. FISCAL RESPONSBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used for the project(s) and scope of work outlined in this Agreement. Therefore, should the project not be completed, be partially completed the subrecipient shall reimburse said funds directly to AZDOHS immediately, or be completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT/PROGRAMTIC MONTIORING The subrecipient agrees to terms specified in A.R.S. § 35-214 and §35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. par., 7501- 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the subrecipient must have an annual audit conducted in accordance with OMB Circular #A-133 ("Audits of States, Local Governments, and Non-profit Organizations") if the subrecipient expends more than $500,000 from federal awards. If the subrecipient has expended more than $500,000 in federal dollars, a copy of the subrecipient's audit report for the previous fiscal year must be submitted to the AZDOHS for review within thirty (30) days of signing this Agreement. b) Subrecipients will be monitored periodically by AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and onsite monitoring visits. Monitoring can involve aspects of the work involved under this contract including by not limited to the review and analysis of the financial, programmatic, performance and. administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. VII. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the grant guidance Office of Management and Budget (OMB) Circulars Code of Federal Regulations (CFR) and other federal guidance including but not limited to: a) 44 CFR Chapter 1, Federal Emergency Management Agency, Department of Homeland Security at htt :lf .access. o. ovlnaralcfr/waisidx 07144cfrv1 07.html. b) 2 CFR 225 Cost Principles for State, Local & Indian Tribal Governments, formerly OMB, at htt :If .access. o. ovlnralcfr/waisidx 07fcfr225 07.html. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non-Profit Organizations; Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, at htt :11 .whitehouse. ovlomb/circulars/a133fa133.html. 10.p~pOHS- GP-. 4 7-01 Page 2 Any aeu~ionr ~~iang~s~t~fi~t~ do~c~i8r~{w~1i ~e~uR inP~r~rgi~atign Of this award. Version 09282010 c) 44 CFR part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments (formerly OMB Circular A-102 at http://149.168.212.15/mitigation/Library/44 CFR-Park 13.pdf U.S. Department of Homeland Security Authorized Equipment List (AEL) available at htt s://www.rkb,mi t.or /ael.cfm 2 CFR Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. d) 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulators; Part 18, Administrative Review Procedure; Part 20 Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence System Operating Policies; Part 42, Non-discrimination Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the national Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66. Included within the above mentioned guidance documents are provisions for the following: NIMSCAST The subrecipient agrees to complete the National Incident Management System Compliance Assistance Support Tool (NIMSCAST) and remain in compliance. Environmental Planning and Historic Preservation The recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Subrecients shall not undertake any project having the potential to impact EHP resources without the prior approval of the AZDOSH/FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Sub recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources arc discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Construction activities shall not be initiated prior to the full environmental and historic preservation review. Consultants/Trainers/Training Providers Billings for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates, must be obtained under consistent treatment with the procurement policies of the sub-grantee and 44 CFR Chapter 1, Part 13 and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed 10- O S- SGP, ~~,,~~4Q7-01 Page 3 Any un~i~ a z ~ia~i ggset~j~i~ doOcLin~rPf{will ~e~ilR inP~i~rgu~a~igrl b~this award. Version 09282010 reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed for costs other than travel, lodging, and per diem on travel days for consultants/trainers/training providers. Contractors/Subcontractors The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance and DHS Program Guide. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to pertormance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures and must be applied uniformly to both federally financed and other activities of the agency. At no time will the subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: hp:f .gao.state.gov. Procurement The subrecipient shall comply with all internal agency procurement rules/policies and must also comply with Federal procurement rules/policies as outlined in section VII and all procurement must comply with substantially with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Sole or Single Source procurement agreement, unless prior written approval is granted by the AZDOHS. Training The subrecipient agrees that any grant funds used for training must be in compliance with grant guidance. All training must be approved through the ADEM/AZDOHS training request process prior to execution of training contract(s). Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program/project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. § 41-4401-immigration laws and E-Verify requirement. a) The Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, 10- O S- SGP-. 4 7-01 Page 4 Any uniiu~lio~iiz ~iac~g~et~~~i~ doOc~i'm~i~{will ~e~ull inP~iic~i~atign offhis award. Version 09282010 after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.) b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the Contractor may be subject to penalties up to and including termination of the Agreement. c) The AZDOHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the Contractor or subcontractor is complying with the warranty under paragraph 8(a). Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used solely for authorized purposes as described in the guidance and application. The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. Terms used in this sub-part have the following meaning (see also Reclamation Supplement to Federal Property Management Regulations, Part 60 Property Accountability, Sub-part 114S-60.4 Classification of Property). a) Nonexpendable property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 or more, and does not become a fixture or lose its identity as a component of other equipment or plant. b) At the time when the final request for reimbursement is submitted, the subrecipient must file with the AZDOHS a copy of the Property Control Record Form listing all such property acquired with grant funds. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives for verification of information. c) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. When use of the property for project activities is discontinued, the subrecipient shall request in writing disposition instructions from the AZDOHS before actual disposition of the property. Theft, destruction, or loss of property shall be reported to the AZDOHS immediately. An equipment/capital asset list shall be maintained for the entire scope of the program or project for which it was acquired. All equipment having an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and/or a useful life of more than one year shall be included in the equipment/capital asset list. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB Circulars, Code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the subrecipient for 10-A7~OF~ar SG G7~4 7-01 Octob 1 1 P 4 Page 5 Any un~u~onz c~iangesi~~t~ docuine~{w11 ~e~uR in t~i~rgnatigrY bifttis award. Version 09282010 administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with Grant Guidance. 10-_ _K 0_ lar SG G7~4 7-01 Oc~i~r~{ 1~ 2e~s1~ P 4~ gf a~t1h Page 6 Any un~u~onz~~ianges~t~~~ docu w i r u in Mina i n is award. Version 09282010 VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable federal regulations for administrative requirements, costs principles and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report Format template, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. b) Quarterly reports are due: January 15 (period October 1-December 31) April 15 (period January 1 -March 31) July 15 (period April 1 -June 30) October 15 (period July 1 -September 30) 10- O S- SGP, 4 7-01 g t1 11 , q Page 7 Any n~u~~~ilz~cQ~iang~et~~1~ doOct~i n~n{w171 re§uR inP~i~liina~ion o~this award. Version 09282010 c) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements shall be submitted with the Reimbursement Form provided by AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) days after the end of the Agreement. Requests for reimbursement received later than the forty-five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL, and include a copy of the Property Control Form. All reports shall be submitted to the contact person as described in Paragraph XXXVIII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the subrecipient's compensation if applicable; 3) be titled as an "Amendment,"and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XIV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XV. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option, may terminate this Agreement. XVI. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement 10- ~eO lay G G7~4QQ7',,,,-01 Oc oh 1 g 2 1 n P e 4 f 1 t Page 8 Any unau~lionz cp~criangesetls't1i~ docu~nSr~{wilt re~ult in t~nma~ign o~this awazd. Version 09282010 on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. XVIII. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XIX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XX. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXt. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12-1518. XXII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. 10- O S- SGP, 774Q7,-01 1, g n d of Page 9 Any u~n~u~li~~ilz~~iangeset~'tlie~ doOcu~iSr~{w1112e~uR inP~i~inatiSn oCfhis award. Version 09282010 XXIII. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all. parties hereto in conformity with Paragraph X, REPORTING REQUIREMENTS; provided; however, that the AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. The subrecipient agrees to execute any such amendment within ten (10) business days of its receipt. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXIV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. XXV. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. NON-DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non- discrimination requirements and conditions of employment, including the Americans with Disabilities Act, in accordance with A.R.S. title 41, Chapter 9, Article 4 and Executive Order2009-09. XXVII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVIII. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXIX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXX. OWNERSHIP OF INFORMATION PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with federal funds shall contain the following statement: 10-A~e01-~S~F~{SGP,7 4 7-01 O~to~~{ 1~ 20s1~ P 4~ gf 1$~ Page 10 Any unau~lio~zecQc~ia~iige etG ~ doc m wt - re u in t~i~ttgina i n o is award. Version 09282010 "This document was prepared under a grant from U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential sub-recipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXI. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXII. INDEMNIFICATION To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. XXXIII. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. 10-A7~0 a~ SG G7 4~7-01 O 1 1 P e 4 of 1 Page 11 My uniiiz~ r~z ~c~l'iang~Plo tiit~ doc~i~i~t~{w~lr ~e~uft in t~r4nma~ion o~this award. Version 09282010 XXXIV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXV. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVI. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXVIII. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that U.S. Department of Homeland Security and the AZDOHS reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests,, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, Operation Stonegarden, and Metropolitan Medical Response System). XXXIX. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing be delivered in person or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington, Suite 210 Phoenix, AZ 85007 10-A7~0 S- SGP,7~4(~7-01 G~~~{ 1~ 20s1~ P 47.gf 1Q~ Page 12 Any uniri~li~~ilz~~ia~ges~t~ I~it~ docu wt t re u in t~i~finat~ n o is award. Version 09282010 The subrecipient shall address all programmatic notices relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. The subrecipient shall submit reimbursement requests relative to this Agreement to the appropriate AZDOHS staff member; contact information at www.azdohs.gov. AZDOHS shall address all notices relative to this Agreement to: Ms. T. VanHook, Community Development Director Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 XL. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE Town of Marana Gilbert Davidson Town Manager FOR AND BEHALF OF THE Arizona Department of Homeland Security Gilbert M. Orrantia Director Date Date (Please be sure to complete and mail two original documents to the Arizona Department of Homeland Security.) 10-~0 lar SGP~7 4 7-01 ~~~~{ 1~ 20s1~ P 4i~ $f 1$~ Page 13 Any uni~it~iionz~rQ~iang~~t~~~ d~cu w~ 1 re u in t~i~ina i n o is award. Version 09282010 ~~,.~~~ ~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building, Progress and Innovation Strategic Plan Focus Area -Additional Information: Community Building -The wireless signal technology will assist Town staff in maintaining a safer, more efficient roadway system. Progress and Innovation - By installing wireless signal technology the Town embraces the most advanced signal technology and is a part of a regional effort to manage traffic flow. Subject: Resolution No. 2010-100: Relating to Traffic Engineering; approving and authorizing the Mayor to execute an intergovernmental agreement with the Regional Transportation Authority of Pima County to purchase and install Marana wireless signal updates Discussion: The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on signal technology projects. The Town of Marana is committed to the purchase, installation and maintenance of the Marana Wireless Signal Updates, and the RTA has expressed its desire to cooperate in the project as well. The Project includes: on Thornydale Road wireless signal technology upgrades and on Cortaro Road / Cortaro Farms Road a comprehensive traffic operations analysis of each signalized intersection, a recommended timing sequencing plan for synchronization of each traffic signal and upgrades to wireless signal technology. The wireless signal technology is currently installed on the Ina Road Corridor and is a part of the Twin Peaks and Camino de Mariana projects currently nearing completion. The attached intergovernmental agreement establishes the RTA's commitment to a financial contribution in the amount of $279,000 to be used toward the cost of the Project. Upon its completion, title to the Project improvements purchased and installed as a result of the agreement shall vest in the Town and the Town shall be responsible for the continued operation and maintenance of the improvements. ATTACHMENTS: Name: Description: Type: ^ Reso_WirelessSignal_Upgrad.es.do...c Resolution Resolution Regular Council Meeting -October 19, 2010 -Page 49 of 101 ~ Ex A Wireless_Signal Upgrades.doc Exhibit A Staff Recommendation: Exhibit Staff recommends adoption of the resolution approving and authorizing the execution of the intergovernmental agreement with the Regional Transportation Authority of Pima County to provide for funding of the Marana Wireless Signal Upgrades. Suggested Motion: I move to adopt Resolution No. 2010-100, approving and authorizing the Mayor to execute an intergovernmental agreement with the Pima County Regional Transportation Authority to purchase and install Marana Wireless Signal Updates. Regular Council Meeting -October 19, 2010 -Page 50 of 101 MARANA RESOLUTION N0.2010-100 RELATING TO TRAFFIC ENGINEERING; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY TO PURCHASE AND INSTALL MARANA WIRELESS SIGNAL UPDATES WHEREAS A.R.S.§ 48-5301, et seq., authorizes the Regional Transportation Authority of Pima County (RTA) to act as a regional taxing authority for the purpose of funding multi-modal transportation operations and improvements identified in the Regional Transportation Plan approved on May 16, 2006; and WHEREAS the RTA is authorized by A.R.S.§48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in further- ance of that purpose to fund those projects or programs identified in the Plan; and WHEREAS the Town of Marana and the RTA wish to cooperate in the purchase and installa- tion, and the RTA has committed to a financial contribution in the amount of $279,000, of wireless signal technology upgrades on Thornydale Road and a comprehensive traffic operations analysis of each signalized intersection, a recommended timing sequencing plan for synchronization of each traffic signal and upgrades to wireless signal technology for Cortaro Road/Cortaro Farms Road; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interest of the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Re- gional Transportation Authority of Pima County attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of October, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 19, 2010 -Page 51 of 101 Marana Resolution No. 2010-100 - 1 - RTA IGA Wireless Signal Upgrades INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND TOWN OF MARANA FOR PURCHASE AND INSTALLATION OF WIRELESS SIGNAL UPGRADES TO THORNYDALE ROAD AND CORTARO ROAD / CORTARO FARMS ROAD This Agreement (hereinafter "the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, a body politic and corporate of the State of Arizona ("the Lead Agency") pursuant to A.R.S. § 11-952. RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-modal transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency is authorized by A.R.S. § 11-251 (4) to layout, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency may have a legal contract with one or more jurisdictions within Pima County empowering the Lead Agency to perform roadway and other improvements outside the Lead Agency's jurisdictional boundaries. Regul IGA RTA (Meeting -October 19, 2010 -Page 52 of 101 Page 1 of 12 Thornydale & Cortaro 100916 I. The Lead Agency and the Authority wish to cooperate in the purchase and installation of wireless signal upgrades to the MARANA WIRELESS SIGNAL UPGRADES-Thornydale Road and Cortaro Road / Cortaro Farms Road ("the Project"). J. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. K. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. L. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. M. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. N. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. O. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq. NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of the purchase and installation of wireless signal technology: on Thornydale Road, providing wireless signal technology upgrades; on Cortaro Road / Cortaro Farms Road, providing comprehensive traffic operations analysis of each signalized intersection, a recommended timing sequencing plan for synchronization of each traffic signal and upgrades to wireless signal technology as depicted in the attached Exhibit A, including the following: a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. f) Projected cost reimbursement timeline. Regul IGA RTAi Meeting -October 19, 2010 -Page 53 of 101 Page 2 of 12 Thornydale & Cortaro 100916 g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the design, construction and/or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements (latest edition), the Pima County Roadway Design Manual (latest edition), the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual (latest edition), and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. d. The Lead Agency shall operate and maintain the improvements during and after completion of construction. e. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. Regul IGA RTA (Meeting -October 19, 2010 -Page 54 of 101 Page 3 of 12 Thornydale & Cortaro 100916 g. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. i. The Lead Agency shall be responsible for preparing and submitting to the Authority, within the first week of each month or as otherwise specified herein, invoices for payment signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget with each request for payment. 5. Responsibilities of Authority. a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead agency will be notified of the request for additional information within five days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the invoice will be processed for payment within ten working days of the invoice submittal. e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either 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 Regul IGA RTAI Meeting -October 19, 2010 -Page 55 of 101 Page 4 of 12 Thornydale & Cortaro 100916 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 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. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of 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. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. f. This Agreement is subject to the provisions of A.R.S. § 38-511. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor 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. Regul IGA RTAI Meeting -October 19, 2010 -Page 56 of 101 Page 5 of 12 Thornydale & Cortaro 100916 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' 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. 14. 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. 15. Force Majeure . A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non- action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the 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. Regul IGA RTAI Meeting -October 19, 2010 -Page 57 of 101 Page 6 of 12 Thomydale & Cortaro 100916 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Gary G. Hayes, Executive Director Regional Transportation Authority 177 N. Church, Suite 405 Tucson, Arizona 85701 The Town of Marana: Keith Brann Town Engineer 11555 W. Civic Center Drive Marana, Arizona 85653 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, the Town of Marana has caused this Agreement to be executed by the Mayor of the Town of Marana, upon resolution of the Mayor and Council of the Town of Marana attested to by the Clerk of the Town of Marana, and the Authority has caused this Agreement to be executed by its Chair of the Board. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY: Lynne Skelton, Board Chair Date TOWN OF MARANA: Ed Honea, Mayor Date ATTEST: Jocelyn C. Bronson, Town Clerk Date Regular Council Meeting -October 19, 2010 -Page 58 of 101 IGA RTA Page 7 of 12 Thornydale & Cortaro 100916 The foregoing Agreement between the Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director Keith Brann, Town Engineer ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Town of Marana: Frank Cassidy, Town Attorney Regular Council Meeting -October 19, 2010 -Page 59 of 101 IGA RTA Thornydale & Cortaro 100916 Date Date Page 8 of 12 Regional Transportation Authority of Pima County Exhibit A 1 RTA Ballot/Project Number: 2 RTA Plan Element: 3 RTA Plan Sub-Element (if applicable): 4 5 6 7 8 RTA 40 Signal Technology NA TIP Project Number: 93.09 Project Name: Marana Wireless Signal Upgrades Work Phase Covered by this Exhibit: Planning (check all that apply) Design Right of Way Installation/Construction X Project Management Environmental/Other Project Manager Information (person responsible for status reports): Name: Jorge Riveros Mailing Address: 11555 W. Civic Center Drive, Marana, AZ 85653 Telephone Number: 382-2600 Fax. Number: 382-2644 Email Address: 'riveros(~marana.com Authorized Representative(s) (for signing 8~ submitting pay requests): Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Jorae Riveros 11555 W. Civic Center Drive, Marana, AZ 85653 382-2600 382-2644 jriveros@marana.com Fernando Prol 11555 W. Civic Center Drive, Marana, AZ 85653 382-2600 382-2640 f rol[aamarana.com IGA 1~TAr Council Meeting -October 19, 2010 -Page 60 of 101 Page 9 of 12 Thornydale & Cortaro 100916 Regional Transportation Authority of Pima County Exhibit A 9 Name: Mailing Address: Telephone Number: Fax. Number: Email Address: Map of Project Limits Attached? Jennifer Smith 11555 W. Civic Center Drive, Marana, AZ 85653 382-2600 382-2640 jsmith@marana.com Attached 10 Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project will address problematic areas): 11 Total maximum amount of Authority funding allowed for the Project or Project Component under this Exhibit: 12 Project Budget (current year dollars) The Town of Marana proposes to purchase and install wireless signal technology and improvements to traffic signal timing along the Thornydale Road and Cortaro Road / Cortaro Farms Road corridors. These arterial regional routes are two of the Town's more urbanized corridors. The wireless signal upgrades on Thornydale Road; and the comprehensive traffic operations analysis of each signalized intersection, recommended timing sequencing plan for the synchronization of each traffic signal and upgrades to wireless signal technology for Cortaro Road / Cortaro Farms Road will address regional traffic congestion management. $279,000 Outsourced In-House Total Planning $0 Design $0 Right of Way $0 Installation/Construction $279,000 $279,000 Project Management $0 Environmental/Other $0 Total Project Budget (all funding sources): $279,000 $279,000 13 Project Budget by Funding Source RTA Non-RTA Total Planning $0 Design $0 Right of Way $0 Installation/Construction $279,000 $279,000 Project Management $0 Environmental/Other $0 Total Project Funding (must equal no. 11) $279,000 $0 $279,000 IGA ATAr Council Meeting -October 19, 2010 -Page 61 of 101 Page 10 of 12 Thornydale & Cortaro 100916 Regional Transportation Authority of Pima County Exhibit A 14 Funding Sources (current year dollars): RTA STP 12.6 Funds 2.4 Funds Impact Fees Bond Funds General Fund Fare Box Revenue FTA Funds Other Total Funding Sources (must equal no. 11): 15 Identify other project components not covered by this agreement (if any): None $279,000 16 Estimated construction start date and January, One (1) month duration of construction: 17 Expected Reimbursement Schedule: Fiscal Year 2010-2011 January $279,000 February March April May June July August September October November December IGA KTAr Council Meeting -October 19, 2010 -Page 62 of 101 Thornydale & Cortaro 100916 Fiscal Year Fiscal Year Page it of 12 Regional Transportation Authority of Pima County txniait A - ma ~ i ~ ~ J F ~ ry Q ~ ~ f~ ~ `~ 1V , ~ ,~ ~ ~ ' ` ' ~ ~ ~ e ~ ~ F'l ' ~7 ~ ~~ # ~.: ' '~_ . , z ~ 7. s .~ ~Yr ~ y L i~ ~ ~ ~~ ... VI 4 + ~'" V/ _ _ ~ ~ ~ h ~ ~ '' ~ ~ t~ ~ Y c. f N t. ~ .~ 1 % -! ,~ M M ' ~ ~, 4', ~' j K /~T ... ~ I ~, _ j T N k.~k ~ ~ +~l ) r R i ~ P i~ /' ~ r} L , f Y ~-..` 1 r k .s ~ .., i is ~.. ., 9 *•f~~. • [ ~ r ~ ~~J~ 1 C. I ' ~; ~ t ~ ,T m I ~ ~.< ~ • ! h k F' : ~ I ~~ ~ I" S. Y O p , ~ ~ ~ ~ i C I t :~' ~ ~ • , i } Y ~ N l.J tl ~ r ,S N~) ~ f'- ~ O C t ~ rt ~ C ,` R • M ~ O • 9 O . V a0+ • » ~C y=j ~ O ` ° ~.fi • ~ Z v y. 1- i - ~ F r ~, m o v o z ~ o c m Y ~ ~ N d V ' • ~~. 9 ~ 3 C ~ O C .c~ ~ N a' ^ O c O ~ P7 s ~ ~ ~ ~ 16 ~ rs .G O R R C V O O O O O .. ~ ;'' a c ^ ~ O. V V C ~ ~ ~`- L y~ W Lr' +0:~ N ' ~ £ p C x O j c L 0 Ni ti. ~ , a g ~, c a 1° ~ ~ p a ~ .~ t~ 'a N in z a C O G Q ~+ . ~ ~.,. . t ¢ w ' w w a° a° ~ 1 ~ ~~ M1 .^ t . S ~ • ~ ~ ^V ~ -~C ~ I I ti e ~: f' . aJ IGA RTAr Council Meeting -October 19, 2010 -Page 63 of 101 Page 12 of 12 Thornydale & Cortaro 100916 ""'r~. ~~~ f~`a{E?o NAKiank 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-101: Relating to Public Works; abandoning a strip of public right-of--way off Sanders Road south of Marana Road within Section 20, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona Discussion: Upon application by the property owner, the Town proposes to abandon a 20-foot strip of public right-of-way located off Sanders Road, south of Marana Road, pursuant to A.R.5. § 28-7201 et seq. Marana acquired the right-of-way by annexation from Pima County, who obtained it by no- cost dedication from the property owner. The strip sought to be abandoned has never been used as a public roadway. Public Works has determined that the strip proposed for abandonment is no longer necessary for public right-of--way purposes. The land is of no monetary value due to its degree of fragmentation and marketability. A.R.S. § 28-7204(D) contemplates that abandoned right-of--way may be returned to an abutting owner for the amount of consideration originally paid for the right-of--way. If approved, this action will effectively transfer the right-of--way back to the property owner at no cost, since it was originally dedicated to the public at no cost. Financial Impact: There is no financial impact to the Town from the proposed abandonment. ATTACHMENTS: Name: ^ R.e..so Ong_R_OW Abandonment (00023575. DOC Description: Type: Resolution Reso Abandoning ROW off Sanders D Ex_A_Resolution_Legal_Description.pdf Resoltuion Exhibit A Legal Description O Ex._B_Resolution_Legal_Depction,p. df Resolution Exhibit B- Legal Depiction Staff Recommendation: Exhibit Exhibit Staff recommends adoption of Resolution No. 2010-101, abandoning to the abutting property owner at no cost the 20-foot strip of right-of--way as legally described and depicted in Resolution Exhibits"A" & "B" and authorizing the Town Engineer to execute all documents necessary to Regular Council Meeting -October 19, 2010 -Page 64 of 101 accomplish the dedication. Suggested Motion: I move to adopt Resolution No. 2010-101, abandoning a strip of public right-of--way located off of Sanders Road south of Marana Road. Regular Council Meeting -October 19, 2010 -Page 65 of 101 MARANA RESOLUTION NO. 2010-101 RELATING TO PUBLIC WORKS; ABANDONING A STRIP OF PUBLIC RIGHT-OF-WAY OFF SANDERS ROAD SOUTH OF MARANA ROAD WITHIN SECTION 20, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA WHEREAS the Town has received a request from the abutting property owner to abandon a 20 foot strip of public right-of--way off Sanders Road south of Marana Road; and WHEREAS the Town's Public Works staff has determined, and the Mayor and Council ac- cepts, that the strip ofright-of--way is not needed for public right-of--way purposes; and WHEREAS the Mayor and Council determines that the 20 foot strip of public right-of--way should be abandoned at no cost both because it is of no monetary value due to its degree of fragmen- tation and marketability and because the land was dedicated to the public at no cost. NOW, THEREFORE, BE TT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The Town of Marana hereby abandons that 20 foot strip of public right-of--way more particularly described and depicted in Exhibits A and B attached to and incorporated into this resolution by this reference, subject to and reserving pursuant to A.R.S. § 28-7210 perpetual ease- ments for all existing public utilities, etc., (if any) within the abandonment area. SECTION 2. The Town Engineer is authorized to execute a quit claim deed of abandonment and the Town Manager and staff are authorized to do all other acts necessary to carry out this resolu- tion. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19`i' day of October, 2010. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 19, 2010 -Page 66 of 101 {00023575.DOC /} RESQLUTI4N EXHIBIT 'A` LEGAL DESCRIPTION VACATION OF 20' WIDE PARCEL A portion of that twenty {20.00) foot wide strip of sand described in Docket i8S5 at Page 1b2, lying within the southeast quarter of Section 20, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, said portion being described as follows: The south 20.00 feet of the north 460.00 feet of the east 574.75 feet of the southeast quarter of said Section 20. EXCEPT the east 125.00 feet thereof ~. c, 21787 yo MfCHAEL L. $~, SCHLOEMAN os 9/27/10:- ~~ EXPIRES 6/30/2013 Regular Council Meeting -October 19, 2010 -Page 67 of 101 RESOLUTION EXHIBIT 'g' 0 0 0 0 0 "~ o NORTH ROW LINE E 1 /4 COR MARANA ROAD sECrroN 20 ' 574.75 SOUTH ROW LJNE ~ f~ o z i ~ z -i I ~ 'a 0 0 ~ I "per ~ ~ ~ ~~ o ~' L'~~(C a ~ i~~~ ' )L ~ ~ q ~ j `J ..:. Il ~ It (1 t._\~ "-' ~~ /~ C l `~l ~( V1 v j p w .~o.oo' 30.00' ~ 70' SUBJECT PARCEL ~ 100.00' I 449.75' ---+-- 125.00' 574.75' S ~ ~ y p 0 C9 V 21787 MICHAEL L. ~ $r SCHLOEMAN ® AREA DESCRIBED !N DKT 1855 PG 162 °,£.9/27/10::` ..••~ ~ PORTION r0 BE ABANDONED ........ ~Q.. -y~i 201Vq V EXPIRES 6 J30/2011 ~~ ~~ ®~h A PORTION OF °A~~ s~Pr, 2010 '"~`J THE SOUTHEAST QUARTER OF JOB N0: SEC. 20, T-11-S, R-11-E, 4628 ,ru a ~A- ~ GILA ~ SALT RIVER MERIDIA N ,~ ~D' ~'i0°''F"'~ X01 ~'D7~ PIMA COUNTY ARIZONA SHEET: 1 1 ~~"~~ ~~ off TC~Ii sr~gAP~%f:.. 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-102: Relating to Personnel; approving and authorizing staff to implement an amended Separation Incentive Plan for fiscal year 2011; authorizing staff to make additional payments to fiscal year 2011 Separation Incentive Plan participants in conformance with the amended Separation Incentive Plan Discussion: On February 16, 2010, the Mayor and Council adopted a separation incentive plan (SIP) for fiscal year 2011 as one of the voluntary pay reduction options offered to employees. Council amended the SIP on March 9, 2010, to change some of the dates associated with the plan. The Separation Incentive Plan as originally approved by Council on February 16 and subsequently amended on March 9 stated that the Town would pay a monthly health care subsidy for up to six months directly to the ASRS health care provider for those participants choosing coverage under the ASRS plan. However, the Town has learned that ASRS will not allow this payment method. As such, the Town must pay the health care subsidy for those participants electing coverage under the ASRS health care plan directly to the participant. Because payment directly to the participant will have tax consequences for the participant, approval of this item will address the tax burden borne by the participants in an effort to make them "whole." Originally, participants who elected the ASRS plan and separated between March 9, 2010, and September 30, 2010, received a $150 subsidy. Participants who elected to separate between October 1, 2010, and December 31, 2010, are to receive a $75 subsidy. If approved, this amended plan will increase the amount of the subsidy for those choosing the ASRS health plan by 25% to $187.50 per month and $93.75 per month, respectively. An amended Separation Incentive Program Outline is attached to the Resolution for this item. Financial Impact: This amendment will impact two participants at the $150 subsidy level and potentially one participant at the $75 subsidy level which will cost the Town approximately $560. ATTACHMENTS: Regular Council Meeting -October 19, 2010 -Page 69 of 101 Name: D Reso_SECOND_SIP_ (00023453). DOC O EX A Amen_ded_SIP_ (00023456). DOC Description: Resolution Exhibit A -Amended SIP Outline Staff Recommendation: Type: Resolution Exhibit Staff recommend approval of the amendment to the Separation Incentive Plan as proposed. Suggested Motion: I move to adopt Resolution No. 2010-102, approving and authorizing staff to implement an amended Separation Incentive Plan for fiscal year 2011; authorizing staff to make additional payments to fiscal year 2011 Separation Incentive Plan participants in conformance with the amended Separation Incentive Plan. Regular Council Meeting -October 19, 2010 -Page 70 of 101 MARANA RESOLUTION N0.2010-102 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IMPLEMENT AN AMENDED SEPARATION INCENTIVE PLAN FOR FISCAL YEAR 2011; AUTHORIZING STAFF TO MAKE ADDITIONAL PAYMENTS TO FISCAL YEAR 2011 SEPARATION INCENTIVE PLAN PARTICIPANTS IN CONFORMANCE WITH THE AMENDED SEPARATION INCENTIVE PLAN WHEREAS the Town Council is authorized by A.R.S. § 9-240 (A) to control the finances of the Town; and WHEREAS on February 16, 2010, by Resolution No. 2010-16, the Town Council approved implementation of the Separation Incentive Plan (SIP) for fiscal year 2011; and WHEREAS on March 9, 2010, by Resolution No. 2010-25, the Town Council approved implementation of an amended Separation Incentive Plan (SIP) for fiscal year 2011; and WHEREAS the Town Council finds that further amending the SIP and authorizing staff to implement the SIP for fiscal year 2011 as further amended is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the amended Separation Incentive Plan (SIP) for fiscal year 2011 as described in the amended SIP program outline, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the amended Separation Incentive Plan, to include the execution of separation agreements in conformance with the provisions of the amended Separation Incentive Plan as described in Exhibit A. SECTION 3. The Town's Manager and staff are hereby further directed and authorized to make additional payments to participants in the fiscal year 201.1 SIl' in conformance with the provisions of the amended Separation Incentive Plan as described in Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of October, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 19, 2010 -Page 71 of 101 {00023453.DOC /} SEPARATION INCENTIVE PLAN (SIP) PROGRAM OUTLINE -FISCAL YEAR 2011 (AS AMENDED OCTOBER 19, 2010) (Added text shown with double underlining and deletions shown with ~+°~'~° ^~~+ +°°*) The purpose of the Separation Incentive Plan (SIP) is to facilitate reductions to the .Town's FY 2011 budget during the current economic crisis by providing incentives to retirement-eligible and other employees who wish to voluntarily separate their employment with the Town. The SIP, as described in this program outline, shall apply subject to the timelines described herein. Eligibility This program applies to all Town departments and to all classified and unclassified employees who are retirement-eligible in either the Arizona State Retirement System or the Public Safety Personnel Retirement System and to all benefit-eligible classified and unclassified employees who elect to resign. DeSnitions 1. Benefit-eligible-regular full- and part-time classified and unclassified employees. Part- time employees must have a normal schedule that is at least 20 hours but less than 40 hours per week. 2. ASRS-Arizona State Retirement System 3. COBRA~onsolidated Omnibus Benefits Reconciliation Act-provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a qualifying event such as loss of employment would normally result in the loss of eligibility. 4. Election Period -March 1, 2010 through March 31, 2010. 5. FY 2010-July 1, 2009 through June 30, 2010. FY 2011 July 1, 2010 through June 30, 2011. 6. Incentives-one-time financial assistance to support the retirement-eligible or resigning employee in his or her transition. 7. PSPRS-Public Safety Personnel Retirement System. 8. Retirement-eligible employees~mployees who have accumulated the necessary credited service in a public entity retirement system or in the military service and/or attained the necessary age to qualify for ASRS or PSPRS retirement. This applies to both early and normal retirements. 9. Timeline-the dates within which retirement-eligible and resigning employees must notify the Town of their decision to retire and/or resign. Regular Colti~~C~tober 19, 20~~7~otl~MARANA RESOLUTION 2010-102 Policies and Procedures Election 1. Employees who decide to separate their employment and take advantage of this program must notify the Human Resources Department of their decision to elect retirement or to resign. 2. The Human Resources Department must receive the notification during the election period and no later than close of business (5:00 p.m.) March 31, 2010. The retirement or resignation must be effective no later than December 31, 2010. 3. An employee's election to resign or retire is irrevocable as of the close of business (5:00 p.m.) March 31, 2010. 4. The Human Resources Department will respond to all employees who elect to participate in this program and may contact ASRS or PSPRS if requested by the employee. Incentives Employees who separate between March 9 and September 30, 2010 will receive 100% of the incentives. Employees who separate between October 1 and December 31, 2010 will receive 50% of the incentives. • Incentives if Separating March 9 -September 30, 2010 1. Sick-Leave Pa,}out. Participants will receive a payout at 50% of their accrued sick leave balance. 2. Life Insurance Continuation. Participants will remain on the Town's basic life insurance plan at the Town's expense at one times their salary for one year. Medical Plan Subsidy. This subsidy will be available to the participant only if the participant is (a) eligible for COBRA coverage or the ASRS or PSPRS retirement health care coverage and (b) elects coverage under COBRA, ASRS or PSPRS during the election period. Eligible participants who elect COBRA continuation coverage will receive a subsidy of $150 per month for up to six months following their separation to offset the costs of COBRA continuation coverage .This subsidy shall be payable directly to the participant's health care plan or to the participant's COBRA administrator. Eligible narticinants who elect coverage under the ASRS or PSPRS retirement health care plan, will receive a subsidy of $187.50 ($150 plus 25%1 per month for n to six months following their separation to offset the costs of coverage under the retirement health care elan. This subsidy shall be savable directly to the narticinant. The Town will not pay the subsidy for any other type of health insurance coverage. The Town will pay the subsidy only for those months that the participant elects COBRA, ASRS or PSPRS health care coverage, for a maximum of six months. If the participant discontinues COBRA, ASRS or PSPRS health care coverage for any reason before the end of the six- month period, the Town will discontinue payment of the subsidy as well. This subsidy does not take the place of any subsidy offered directly by the retirement plan, but is in addition to any such subsidy. Regular Colti~~(~ctober 19, 201~~~~°I'~1VIARANA RESOLUTION 2010-102 4. Severance Pay. Participants will receive severance pay in an amount equal to a percentage of the participant's annual base salary multiplied by the participant's length of service with the Town. The percentage of base salary that will be used to calculate a participant's severance pay will be based upon the participant's length of service with the Town and the date of separation as elected by the participant as follows: Length of Service % of Annual Base Salary 0 to 10 years 1.5% >10 to 15 years 1.75% > 15 years 2.0% Examples: • $40,000 annual base salary, 5 years of service: $40,000 x .015 = $600 x 5 years = $3,000 severance pay • $40,000 annual base salary, 11 years of service: $40,000 x .0175 = $700 x 11 years = $7,700 severance pay • $40,000 annual base salary, 16 years of service: $40,000 x .02 = $800 x 16 years = $12,800 severance pay Participants will receive credit for partial years of service under this formula. Notwithstanding this formula, the total amount of severance pay that will be paid to any participant is capped at a maximum of $50,000. • Incentives if Separating October 1-December 31, 2010 1. Sick-Leave Pa,~ out. Participants will receive a payout at 25% of their accrued sick leave balance. 2. Life Insurance Continuation. Participants will remain on the Town's basic life insurance plan at the Town's expense at one times their salary for six months. 3. Medical Plan Subsidy. This subsidy will be available to the participant only if the participant is (a) eligible for COBRA coverage or the ASRS or PSPRS retirement health care coverage and (b) elects coverage under COBRA, ASRS or PSPRS during the election period. Eligible participants who elect COBRA continuation coverage will receive a subsidy of $75 per month for up to six months following their separation to offset the costs of COBRA continuation coverage ' . This subsidy shall be payable directly to the participant's health care plan or to the an rticipant's COBRA administrator. Eligible participants who elect coverage under the ASRS or PSPRS retirement health care elan will receive a subsidv of $93.75 ($75 plus 25%1 per month for up to six months following their separation to offset the costs of coverage under the retirement health care plan. This subsidv shall be payable directly to the participant. The Town will not pay the subsidy for any other type of health insurance coverage. The Town will pay the subsidy only for those months that the participant elects COBRA, ASRS or PSPRS health care coverage, for a maximum of six months. If the participant discontinues COBRA, ASRS or PSPRS Regular Colti~C~ctober 19, 2~~~1°~'~~v1ARANA RESOLUTION 2010-102 health care coverage for any reason before the end of the six-month period, the Town will discontinue payment of the subsidy as well. This subsidy does not take the place of any subsidy offered directly by the retirement plan, but is in addition to any such subsidy. 4. Severance Pay. Participants will receive severance pay in an amount equal to a percentage of the participant's annual base salary multiplied by the participant's length of service with the Town, then multiplied by 50%. The percentage of base salary that will be used to calculate a participant's severance pay will be based upon the participant's length of service with the Town as follows: Length of Service % of Annual Base Salary 0 to 10 years 1.5% >10 to 15 years 1.75% > 15 years 2.0% Examples: • $40,000 annual base salary, 5 years of service: $40,000 x .015 = $600 x 5 years = $3,000 x .50 = $1,500 severance pay • $40,000 annual base salary, 11 years of service: $40,000 x .0175 = $700 x 11 years = $7,700 x .50 = $3,850 severance pay • $40,000 annual base salary, 16 years of service: $40,000 x .02 = $800 x 16 years = $12,800 x .50 = $6,400 severance pay Participants will receive credit for partial years of service under this formula. Notwithstanding this formula, the total amount of severance pay that will be paid to any participant is capped at a maximum of $50,000. Separation Agreement Employees who elect to retire or resign and accept the SIP incentives will be required to enter into a separation agreement with the Town. Sample separation agreements will be available for employees' review during the election period. Employees must sign and return the separation agreement to the Human Resources Department by the deadline specified by the Human Resources Department in order to be eligible for the SIP incentives. Failure to sign and return the separation agreement by the deadline specified by the Human Resources Department will result in the employee's disqualification from the SIP program and no incentives will be paid; however, the employee's election to resign or retire remains irrevocable as of close of business (5:00 p.m.) March 31, 2010. Regular CoIti~Cl~ctober 19, 2~~~°~'~1v1ARANA RESOLUTION 2010-102 ~L A~A~A ~" I ~, e REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 5, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL I~~1 E E T I N G CALL TO ORDER AND ROLL CAL 1. Mayor Honea called the meeting to order at (~:>9 p.m. To~~n Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGI~I N C L i I I~VOCATIO N 'MOMENT OF SILENCE Mayor Honea noted that ~~ long-time resident ~~f Marana, Robert Delaney, known as "Big Bob," passed a~~ay last ~~ cek, and noted the details of the services. He asked that Bob be remembered. APPROV A L OF AG F,N I~,-1 Motion to approve moved hl~ Cou~rcil Member McGorray, second by Council Member Cla~iusafr. ?Motion carried rurcuriranusly. CALL TO Tl I I ~ PUBLIC Janice Mitich, tilirni B.lttin (who presented additional petitions on behalf of those opposing the propu~cd landfill), Albert Lannon, Charles Goddard, Jr., and Tom Hill, all of whom spoke andicir made presentations in opposition to the proposed landfill. Speaker cards were presented by Jens T. Hill, Terri Faust, Charles Goddard, Sr., and Betty Turner, who did not wish to speak on this issue but who registered their opposition with the speaker cards. Bret Summers spoke on behalf of the Hartman Vista Homeowners Association regarding a requirement under the town's Land Development Code for HOAs to purchase a license agreement for landscape improvements in the town's right of way. David Morales spoke in remembrance of Ora Mae Harn with regard to prayer at Council meetings. PROCLAMATIONS World Polio Day Proclamation Regular Council Meeting -October 19, 2010 -Page 76 of 101 October 5, 2010 Council Meeting Minutes Read by the Town Clerk. Mayor Honea presented an original copy of the proclamation to representatives of each Rotary Club. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford noted that many activities had been going on in Marano over the past weekend, including the Arts Festival at the Crossroads Park and noted that there was a great turnout with lots of vendors, especially in light of the 110 degree temperature. She wanted everyone to use the website and participate in all the events that are going on around town. Council Member McGorray noted that on October 15 there will be a fundraiser golf tournament at the Ritz-Carlton for the Marana Health Center. People can contact Council Member McGorray or the Maraha Health Center for participation information. Mayor Honea attended the SK run for the Marana Broncos, raising about $3000. He also noted that there are a lot of good th i n ~~ going on in the community. Mayor Honea noted that he had just received two speaker cards and asked if Council objected to hearing additional comments. There ~~ a; nu abjection, and llavor Honea reopened Call to the Public. Linda Zupi and Alhcrt Dclg~tdo spoke in favor of the landfill. MANAGER'S REPORT: SUMMARY OF CURREN T L ~' L I~1TS Gilbert Davidson thanked Council f<~r their support durint~ the various events at Employee Appreciation Week. He got lots o }'good feedbtu k. H e noted that the ribbon cutting event for the Twin Peaks interchan~~r Prc~jcci needed to ba moved because of a conflict with ADOT's schedule. It will nt~~~~ be an Thursda`~. November 18 at 3:00 p.m. There will be a number of ofticials from around. the state. in attendance. He also noted that Oro Valley will be having an honoring ceremony on Wednesday, October 6, for Bob Delaney at the Oro Valley Council. Chambers at f:00 p.m. PRESENTATION S CONSTANT AGENDA Motion to npprove moved bl, C'ourtcil Member Post, second by Council Member Comerford. :'hTotion carried unar~iruously. C 1: Resolution No. 2010-9 ±: Relating to Development, approving the release of the private impro~ ement agrcernent for Dove Mountain Centre II, 3880 W. Tangerine Road and acceptance o f~ u h l i c i niprovements for maintenance C 2: Relating to Administration; authorizing Town staff to pursue and approve a settlement in the lawsuit entitled Campbell v. Elected Officials Retirement Plan, The, et al., Maricopa County Superior Court No. CV 2008-008969 for the amount of $950 or less C 3: Minutes of the September 14, 2010 special council meeting and the September 21, 2010 regular council meeting LIQUOR LICENSES Regular Council Meeting -October 19, 2010 -Page 77 of 101 2 October 5, 2010 Council Meeting Minutes BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-94: Relating to Animal Control; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana Presented by Jane Fairall. She noted that the town has participated in an IGA with Pima County for animal control for a number of years. The most recent IGA expired June 30, 2010. The proposed IGA would cover the period through 2012. She noted that there has been a significant increase in costs. For this reason, staff has taken some time to investigate and determine the basis for the increase. As a result of the bill received after FY 08-09, the County was asked to review the town's bill, and there were errors found which resulted in a reduction of nearly $17,000. Staff rewrote sc~ rral sections of the most recent standard agreement to provide more clarification.nid transparency showing a ratio of expenses to services. The County did agree to the changes that the town requested. They will provide quarterly statements to the town. They will also be required to provide data abstracts on a quarterly basis which will ~ivc dcrri Icd records of requests fcrr services within the town and detailed bills. Staff disc o~ ere~l that the town was being billed for things that didn't happen in the town, but scn ires provided at residences that had a Marana address. Ms. Fairall believes this will gi~~c the town a better ability to audit actual services. Council complimented Mr. Fairall for her thoroughness. Questions were raised about the term of contract. Council Member Comerford asked if this could be reduced from two years to one year. Ms. Tairall responded that there is a termination clause in the agreement that allov~-s the to~~ n to terminate with 60 days' written notice. Ms. Fairall also noted the work of l~rik Montague in this process. Council Member Clanagan asked if there was a benefit to a t~~~o-year contract. This particular IGA has historically been atwo-veer term. I le also asked whet the Audit disclosed other than over-billing. Ms. Fairall noted that there ~~~erc ~~ number of calls outside of Marana that the town was being billed for. She indicated that there was an 11% error rate for FY 08-09. Council Member 7_iegler had cuncerny u~ er the way this could be budgeted. Ms. Fairall stated that basical Iv we just paid the invoi~c, but the budget was based on a calculation of quarterly statements. Mr. Montague would have that information. Mr. Davidson noted that a considerable amount. of time has been spent on this item, including a discussion of options with sister jurisdictions, and he recommended adoption with the understanding that the IGA can be terminated under the 60 day clause. He noted that there has not been a line item for animal control services, and it's been difficult to plan for. But at this time, we have no other viable option for these services. Council Member Post asked why his property tax bill didn't include these kinds of services. Ms. Fairall said this has been a topic of discussion. This method of operating is not just a model for Pima County but for many cities and towns throughout the state. We do need to explore some other models and see if there's something that works better for the town. Mayor Honed asked for a motion. Upon motion by Council Member Post, second by Council Member Clanagan, the IGA watts approved as presented Motion carried 6-1 with Council Member Comerford Regular Cou~~i{~e'~r~'October 19, 2010 -Page 78 of 101 October 5, 2010 Councit Meeting Minutes A 2: Resolution No. 2010-95: Relating to Parks and Recreation; approving and authorizing the Town Manager to implement the Town of Marana 2010 Parks, Recreation, Trails, and Open Space Master Plan Presented by Tom Ellis, who had presented this item during a study session. Council thanked Mr. Ellis and staff and the Parks & Recreation citizen advisory commission for their two years of hard work to bring this plan before Council for adoption. Motion to approve moved by Council Member McGorray, second by Council Member Clanagan. Motion carried unanimously. A 3: Resolution No. 2010-96: Relating to Utilities; adopting the X010 Potable Water Master Plan Presented by Dorothy O'Brien who had previously pre~entcd this itcnl during a study session. Council thanked Ms. O'Brien and staff and the Utilities Commission for their work on this plan. Motion to approve moved by Council member McGorru l~, .~ ccond by Vice rtitayor Kai. Motion carried unanimously. A 4: Resolution No. 2010-97: Relating to Mayor and Council ; authorizing an alternative date for the November 2, 2010 Council meeting and possible cancellationof December 21, 2010 Council meeting Presented by Jocelyn Bronson. i\Ts. Bronson explained the reason for the proposed changes. Election llay is Noy ember 2, and the. kawn has the option of moving a regularly scheduled meeting to the nest dad if the meeting fialls on an election day. The possible cancellation of the December ? I meetin~~ w~~~ to accommodate Council and staff to prepare for the Christmas holiday ~~ith tlicir lamilies and friends and give staff additional time to work on the Januail~ a~~cndas. Council voted to move the first meeting in No~~embcr to the 3`d and to cancel the December 21st meeting. Motion to urprove moved by Council Member Post, second by Council Member Ziegler. Motion carried uirunimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Inttrrgovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or Regular C u4G~}~rel~~~~o>b~~e e,~aJ~~~v~ 9ewt~~ Town's attorneys and discussion and to consider its 4 October 5, 2010 Council Meeting Minutes position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Council Member Clanagan asked for an item on a future agenda for a special award recognizing employees in memory of Ora Mae Harn. ADJOURNMENT Motion to adjourn moved by Council Member Post, second btu Council Member McGorray. Motion carried unanimously. The meeting was adjourned at 8:04 p.m. CERTIFICATIONI hereby certify that the foregoing are ttYe true and correot minutes of the Marana Town Council meeting held on Oct~>he r >, ~~) 10. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -October 19, 2010 -Page 80 of 101 5 October 5, 2010 Council Meeting Minutes 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #12 (Restaurant) liquor license application submitted by James Robert Ledbetter on behalf of Jimmy's American Bistro located at 8235 N. Silverbell Road #105 Discussion: This application is for a New Series #12 (Restaurant) liquor license submitted by James Robert Ledbetter on behalf of Jimmy's American Bistro located at 8235 N. Silverbell Road #105. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of October 11th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building Safety, Planning and Legal Departments/Divisions have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to Regular Council Meeting -October 19, 2010 -Page 81 of 101 the DLLC within the 60-day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: ~ Jmmy_American_Bstro_Rec and_Posting.pdf. Liquor License Recommendation and Approval Staff Recommendation: Type: Backup Material Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION l: I move to adopt an order recommending approval of a New Series #12 (Restaurant) liquor license application submitted by James Robert Ledbetter on behalf of Jimmy's American Bistro located at 8235 N. Silverbell Road #105. OPTION 2: I move to adopt an order recommending disapproval of a New Series #12 (Restaurant) liquor license application submitted by James Robert Ledbetter on behalf of Jimmy's American Bistro located at 8235 N. Silverbell Road #105. Regular Council Meeting -October 19, 2010 -Page 82 of 101 Arizona Depa,l~l~~ent of Liquor Lice~i~s and Control MaRalva CITY ~ OF PIMA COUNTY OF Regular '~""" At a meeting of the (Regular or Special) _ Marana James Robert Ledbetter ',~`~ . 5 ..~..~ ~ ...iS 19~ held an the (Day application of 12104089 the premises described in Application # considered as provided by Title 4, A.R.S. as amended. the City ~ County ~ October 2010 day of the {Month) {Year) for a license to sell spirituous liquors at 12 . License Class Series was IT IS THEREFORE ORDERED that the APPLICATION of James Robert Ledbetter approva! is hereby recommended for (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT 15 FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. the Town of Marana DATED AT This 19th da of October 2010 Y (Day} (Month) (Year) r~ soon nsizao9 CI OUNTY CLERK "Disabled individuals requiring special accommodations please call the Department 1 Regular Council Meeting -October 19, 2010 -Page 83 of 101 ARIZONA DEP. September 21, 201Q;„,„a Date of Posting: Ledbetter Applicant Name: Last First Middle 8235 iV. Silverbell Road #105 Marana 85743 Business Address: James SES AND CONTROL October 11, 2010 Removal: Robert _____ Street cry rp 12104069 License #: I hereby certify that pursuant to A.R.S. ~ 4201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty {20) days. Print !dame of Cty/Cou~lty official Title Telephone # Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) ar any other related documents. If you have any questions please call (602) 542-5149 and ask for the Licensing Division. Individuals requiring spedal accommodations please call (602) 542-9027 1X0119 N2069 Regular Council Meeting -October 19, 2010 -Page 84 of 101 ~~~~ ~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item L 2 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the St. Christopher Catholic Church, 12101 W. Moore Road, for a church fundraiser Discussion: This application is for a special event liquor. license submitted by the St. Christopher Catholic Church, 12101 W. Moore Road, for a fundraiser. The applicant for this special event liquor license has submitted a special event permit application as well. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues from the special event. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Attached is the application for the St. Christopher Catholic Church Fall Fest special event to held on November 6, 2010. ATTACHMENTS: Regular Council Meeting -October 19, 2010 -Page 85 of 101 Name: Description: Type: ^S. E Liq_$t _Christophers.pdf Special Event Liquor License Application Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION l: I move to approve the special event liquor license application submitted by the St. Christopher Catholic Church, 12101 W. Moore Road, for a church fundraiser. OPTION 2: I move to disapprove the special event liquor license application submitted by the St.Christopher Catholic Church, 12101 W. Moore Road, for a church fundraiser. Regular Council Meeting -October 19, 2010 -Page 86 of 101 State of Arizona?ap~rtment of Lic~~orticenses and Control :. :.~ r° f~1~0~~~1T.`°~1l~ashinAtvn;~~~~s~loor A service ~e~ ~~~; NOTE: THIS DC~,Ci PL€ **Application must be approved Department of Liquor Licenses 1. Name of Organization: Std 2. Non-Profit/I.R.S. Tax F,cern will b`e~h~r ter al kfrgr~pred +~f~e+~ks-(i~"R`S.§ 44-6852) .. ~. Mt~S'~ Bi* ~UL,~~~fflIVERL~fiED (~R''~1'IiLL SE RETURNED. al I ~~1t~-1~1~i.~~~~5_fi)AY~'FORI:~PRROVAL t0 `;=. `ry DLLC USE ONLX ~i-k ::~::;_ _ '' LICENSE # ~~.~#~.Coiumbus. Council #14089 3. The organization is a: (check one box"a ^ Charitable Q Fraternal (must ~ Civic ^ Political Party, Ballot Q Religious and in existence for over 5 years) ar Campaign Committee 4. What is the purpose of this event? Church fund raiser. 5. Location of the event: 12101 W. Moore Road Address of physical location (Not P.O. Box} City Pima 85653 County Zp 6. Applicant: Wtlfimann Mark Francis 1/19/1962 s_ast First Middle Date of Birth 7. Applicant's Mailing Address: Tucson AZ 85742 street city State 8. Phane Numbers: (520 )682-3035 (520 579-6622 520 Site Owner # Applicant's Business # Apptic~nt's Home # 9. Date(s) & Hours of Event: (Remember: you cannots~i alcohol before 90:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 11/6/2010 Saturday 4 p.m. 1 a.m. Day 2: Oay 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Dad 10: Regular C uncil Meef 8~ ~`"^-...-.~-- Lia o~06 o5noo9 *Disabled individuals regairing special accommodations, please call (602} 542-9(127 Marana ~.; ~. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? [] YES Q NO (attach exolanation if }L) 11. This organization has been issued a special event license for 2 days this year, including this event {not to exceed 10 days per year). 12. [s the organization using the services of a promoter or other person to manage the event? ^ YES 0 NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25°/a OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name St. Christopher Catholic Church 100% Per°entage Address 12101 W. Moore Road, Marano, Arizona 85653 Name Percentage Addres (Attach add~ional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact tl~e Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES" 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police p Fencing 4 # Security personnel Q Barriers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES ~ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ~-) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions,. serving areas, fencing, barricades or other control measures and securrty posfions. Regular Council Meeting -October 19, 2010 -Page 88 of 101 7HIS_SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED !N QUESTION #'1 ~ $ Mark F. 1liimann dedare that I am an OfficertDirectorlChairperson appointing the {Print f name) appli ed i esti n 6, [y on behalf of the foregoing organ'IZation for a Special Event Liquor License. X ,~ Chancelor/Chair 10!7/2010 ~20) 579-6622 (Signs ure (Title/Position) (Date) {Phone #) f °r•, Arizona ~>'',~a ~ ~ ~ of County of ._.. j1iQ~ The foregoing instrument was acknowledged before me this . ~ apa~ollo,~~, ~,~~.. a o 0 ' ,o,m a ~ ~ Day oath Year My Com ssion expiresimmittlon THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN_QUESTION #6 19 I Mark F. Willimann declare that 1 am the APPLICANT filing this application as (Print full narra;) listed i Questio . 6. I ha d the application and the con#erlts and all statements are true, correct-and complete. ` state of Arizona County of ~~''`~ X The foregoing instrument was acknowledged before rrte this (Signature) ~ ~ I o ~a 1~1JT,ryV~ Day Month Year My pir~ile>af . C' or Coun MUST recommend event and cam lets item #20. in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this special event application (Government Offiaaq (Tice) on behalf of {City, Town or County) {Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY ©epartment Comment Section: (Employee) (Date) APPROVED PROVED BY: Regular Council Meeting -October 19, 2010 -Page 89 of 101 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram mus# be completed with ti~is application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. i I ___________....~,_- ~Jl`{iTNE~I LRN[- ~ OFD+Ct'S _. - -- ___., 4f~iGC: S F I} ~NUR~M , , srn~~ . ~ ~ ~ ,' i `s ~~ i 7 ` ~ ~ A t ~ k i ~ ~ 1 ~( H ~ N ~ p ; P, ! E nracc~s~~~tR„~s ~ N ~~ i ' U ~ QQ I t a~~ ~,~. Q ~ ~ A. , BEtR Y~ . ~ ~ D ~ 1~~ ~ E PcRMA,~a'F pA*r~ o ~g Ne ~ I r f ' ~IQ'I`['~C R `~ i ~.#-~sE ~ ~ ~~'~ ~'~rr~,,,~, ~~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2010.18: Relating to Land Development; amending the Marana Land Development Code to amend Title 3 (Definitions) to add definitions of "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location"; to amend Title 5 (Zoning) to add "medical marijuana dispensary" as a conditional use in the RC Regional Commercial zone (05.11.04), the LI Light Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03), and to add "medical marijuana dispensary offsite cultivation location" as a conditional use in the AG Agricultural zone (05.10.01), the LI Light Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03); and to amend Title 8 (General Development Regulations) to add a new section 08.08 entitled "Medical Marijuana Uses," imposing special setback, performance, and application requirements for all "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" uses; and establishing an effective date Resolution No. 2010-103; Relating to Development; declaring the amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" zoning regulations as a public record filed with the town clerk Discussion: On November 2, 2010, Arizona voters will vote on Proposition 203, an initiative proposing to adopt the Arizona Medical Marijuana Act, legalizing the use of marijuana for medical use, and licensing nonprofit medical marijuana dispensaries to sell marijuana for medical use. The law allows at least one dispensary in every county, and one dispensary for every ten state-registered pharmacies. If there's no dispensary within 25 miles of a qualifying patient's home, the qualifying patient (or his or her designated caregiver) may grow up to twelve marijuana plants for the qualifying patient's personal use. The Act acknowledges the right of municipalities to adopt zoning regulations for medical marijuana dispensaries. Under the Act, each dispensary is permitted to have one offsite location for the cultivation of marijuana. Although the Act does not expressly authorize municipalities to adopt zoning regulations for these offsite cultivation locations, that right is implicit in the authority to regulate the dispensaries themselves, since each cultivation location is accessory to Regular Council Meeting -October 19, 2010 -Page 91 of 101 its individual dispensary. The Act already includes certain minimal regulations. For example, dispensaries and their offsite cultivation locations may not be within 500 feet of an existing public or private school, dispensaries must have a single secure entrance, and cultivation can only occur in an enclosed, locked facility. However, jurisdictions where medical marijuana laws have been adopted have reported significant crime associated with medical marijuana dispensaries and cultivation locations. Consequently, Town staff has recommended that the Town preemptively adopt zoning regulations to address the impacts of dispensaries and cultivation locations before the Act becomes effective. The proposed amendments are anticipated to be adopted conditioned upon voter approval of, and to become effective no sooner than the effective date of, Proposition 203, the 2010 Arizona Medical Marijuana Act Initiative. Below is a summary of the major changes that are being proposed. All of the modifications, including minor and grammatical changes, are shown in their entirety to the Land Development Code within the attached document. Title 3 Definitions . Add the definition for Medical Marijuana Dispensary. . Add the definition for Medical Marijuana Dispensary Offsite Cultivation Location. Title 5 Zoning Zoning Section 05.10 . Add "medical marijuana dispensary offsite cultivation location" as a conditional use in the AG Agricultural zone (05.10.01) Zoning Section 05.11 . Add "medical marijuana dispensary" as a conditional use in the RC Regional Commercial zone (05.11.04) Zoning Section 05.12 . Add "medical marijuana dispensary" as a conditional use in the LI Light Industrial zone (05.12.02) . Add "medical marijuana dispensary" as a conditional use in the HI Heavy Industry zone (05.12.03) . Add "medical marijuana dispensary offsite cultivation location" as a conditional use in the LI Light Industrial zone (05.12.02) . Add "medical marijuana dispensary offsite cultivation location" as a conditional use in the HI Heavy Industry zone (05.12.03 Title 8 General Development Regulations . Add a new section 08.08 entitled "Medical Marijuana Uses," imposing special setback, performance, number of dispensaries, and application requirements for all "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" uses. ATTACHMENTS: Name: Description: Type: Regular Council Meeting -October 19, 2010 -Page 92 of 101 C~Ordvanc..a_Medical_Marijuana_Zonng.DO.C Ordinance Ordinance ~ Resolution_Medical Marijuana Zoning,_DOC Resolution Resolution ^ Medical_Marijuana_Zoning_Exhibit_A.DOC Exhibit A Exhibit Staff Recommendation: Staff recommends adoption of Ordinance No. 2010.18 and Resolution No. 2010-103. Commission Recommendation - if applicable: This amendment was taken before the Planning Commission on September 29, 2010. They voted unanimously (6-0, Commissioner Adragna absent) to recommend approval to the Town Council with the addition of limiting the number of medical marijuana dispensaries permitted within the Town to two with the addition of one dispensary for each increase of the. Marana population by 50,000 over the 2010 census count. Suggested Motion: I move to adopt Ordinance No. 2010.18, approving amendments to the Marana Land Development Code to address Medical Marijuana dispensaries and offsite cultivation locations, and to adopt Resolution No. 2010-103, declaring the amendments a public record. Regular Council Meeting -October 19, 2010 -Page 93 of 101 MARANA ORDINANCE N0.201018 RELATING TO LAND DEVELOPMENT; AMENDING THE MARANA LAND DEVELOPMENT CODE TO AMEND TITLE 3 (DEFINITIONS) TO ADD DEFINITIONS OF "MEDICAL MARIJUANA DISPENSARY" AND "MEDICAL MARIJUANA DISPENSARY OFFSITE CULTNATION LOCATION"; TO AMEND TITLE 5 (ZONING) TO ADD "MEDICAL MARIJUANA DISPENSARY" AS A CONDITIONAL USE IN THE RC REGIONAL COMMERCIAL ZONE (05.11.04), THE LI LIGHT INDUSTRIAL ZONE (05.12.02), AND THE HI HEAVY INDUSTRY ZONE (05.12.03), AND TO ADD "MEDICAL MARIJUANA DISPENSARY OFFSITE CULTNATION LOCATION" AS A CONDITIONAL USE IN THE AG AGRICULTURAL ZONE (05.10.01), THE LI LIGHT INDUSTRIAL ZONE (05.12.02), AND THE HI HEAVY INDUSTRY ZONE (05.12.03); AND TO AMEND TITLE 8 (GENERAL DEVELOPMENT REGULATIONS) TO ADD A NEW SECTION 08.08 ENTITLED "MEDICAL MARIJUANA USES," IMPOSING SPECIAL SETBACK, PERFORMANCE, AND APPLICATION REQUIREMENTS FOR ALL "MEDICAL MARIJUANA DISPENSARY" AND "MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION LOCATION" USES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS proposed A.R.S. § 36-2806.01 of Proposition 203, the Arizona Medical Marijuana Act, to be presented to Arizona voters at the November 2, 2010 election, allow municipalities to enact reasonable zoning regulations that limit the use of land for medical marijuana dispensaries; and WHEREAS the possession, delivery, manufacture, cultivation, or sale of marijuana is illegal under the both the federal Controlled Substances Act and the Arizona Controlled Substances Act; and WHEREAS the Arizona Medical Marijuana Act, if adopted, may be preempted or limited by the federal Controlled Substances Act or the Arizona Controlled Substances Act; and WHEREAS nothing in this ordinance is intended to permit or assist in the violation of either the federal Controlled Substances Act or the Arizona Controlled Substances Act; and WHEREAS states permitting the medical use of marijuana have experienced various problems associated with medical marijuana dispensaries, including mobile marijuana distribution and marijuana dispensary proliferation; and WHEREAS states permitting the medical use of marijuana have reported increased occurrences of crime associated with medical marijuana dispensaries; and Regulq~~~~~~~~~~0{.~cltgber 19, 2010 -Page 94 of 101 _ 1 _ {00023021.DOC /} WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance address these problems and are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Land Development Code to amend Title 3 (Definitions) to add definitions of "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location"; to amend Title 5 (Zoning) to add "medical marijuana dispensary" as a conditional use in the RC Regional Commercial zone (05.11.04), the LI Light Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03), and to add "medical marijuana dispensary offsite cultivation location" as a conditional use in the AG Agricultural zone (05.10.01), the LI Light. Industrial zone (05.12.02), and the HI Heavy Industry zone (05.12.03); and to amend Title 8 (General Development Regulations) to add a new section 08.08 entitled "Medical Marijuana Uses," imposing special setback, performance, and application requirements for all "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" uses, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2010-103 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 3. This ordinance shall be effective on the later of (i) November 20, 2010, or (ii) the effective date of Proposition 203, the 2010 Arizona Medical Marijuana Act Initiative. SECTION 4. If the voters reject Proposition 203, the 2010 Arizona Medical Marijuana Act Initiative, on the November 2, 2010 ballot, this ordinance shall be null and void and shall not become effective. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19t1i day of October, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~c~0~cltgber 19, 2010 -Page 95 of 101 _ 2 _ {00023021.DOC /} MARANA RESOLUTION N0.2010-103 RELATING TO DEVELOPMENT; DECLARING THE AMENDMENTS TO MARANA LAND DEVELOPMENT CODE TITLE 3 (DEFINITIONS), TITLE 5 (ZONING), AND TITLE 8 (GENERAL DEVELOPMENT REGULATIONS) RELATING TO "MEDICAL MARIJUANA DISPENSARY" AND "MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION LOCATION" ZONING REGULATIONS AS A PUBLIC RECORD FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" zoning regulations, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19~' day of October, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 19, 2010 -Page 96 of 101 {00023025.DOC /} EXHIBIT A TO MARANA RESOLUTION NO. 2010-103 Amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" zoning regulations adopted pursuant to Marana Ordinance No. 2010.18 SECTION 1. Title 3 (Definitions) of the Marana Land Development Code is hereby amended by adding the following definitions of "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" to Section 03.13 (Definitions "M"): Medical marijuana dispensary: A nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804. Medical marijuana dispensary offsite cultivation location: The one additional location, if any, duly identified pursuant to A.R.S. § 36-2806 (E) during the process of registering a nonprofit medical marijuana dispensary, where marijuana will be cultivated for sale at a nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804. SECTION 2. Title 5 (Zoning) of the Marana Land Development Code is hereby amended by revising paragraph D ("Conditional Uses") of Section 05.10.01 (AG Agricultural) to add a new subparagraph 13, as follows: 13. Medical marijuana dispensary offsite cultivation location, subject to the requirements found in Section 08.08. SECTION 3. Title 5 (Zoning) of the Marana Land Development Code is hereby amended by revising paragraph D ("Conditional Uses") of Section 05.11.04 (RC Regional Commercial) to renumber existing paragraph d as paragraph e, and to add new subparagraph d, as follows: d. Medical marijuana dispensary, subject to the conditional use permit procedure set forth in Section 10.10 and subject to the requirements found in Section 08.08. SECTION 4. Title 5 (Zoning) of the Marana Land Development Code is hereby amended by revising paragraph E ("Conditional Uses") of Section 05.12.02 (LI Light Industrial) to add new subparagraphs 7 and 8, as follows: 7. Medical marijuana dispensary, subject to the requirements found in Section 08.08. 8. Medical marijuana dispensary offsite cultivation location, subject to the requirements found in Section 08.08. SECTION 5. Title 5 (Zoning) of the Marana Land Development Code is hereby amended by revising paragraph D ("Conditional Uses") of Section 05.12.03 (HI Heavy Industrial) as follows (with additions shown with double underlinine): D. Conditional Uses. 1~The Planning Administrator may permit any other use which may be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety, welfare or to other uses permitted in this zone. Regul~6~ ~~i~~}- October 19, 2010 -Page 97 of 101 _ I _ 9/30/2010 2:15 PM FJC EXHIBIT A TO MARANA RESOLUTION NO. 2010-103 Amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" zoning regulations adopted pursuant to Marana Ordinance No. 2010.18 Medical mariiuana dispensarv. subiect to the conditional use permit procedure set forth in Section 10.10 and subiect to the reauirements found in Section 08.08. Medical mariiuana dispensarv offsite cultivation location. subiect to the conditional use ea rmit procedure set forth in Section 10.10 nd subiect to the reauirements found in Section 08.08. SECTION 6. Title 8 (General Development Regulations) of the Marana Land Development Code is hereby amended by adding new Section 08.08, as follows: 08.08 Medical Marijuana Uses. A. The minimum requirements of this section shall apply to all "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" uses located in any zoning district. B. In addition to any other application requirements, an applicant for any "medical marijuana dispensary" or "medical marijuana dispensary offsite cultivation location" conditional use permit shall provide the following: 1. A notarized authorization executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary or a medical marijuana dispensary offsite cultivation location, as applicable. 2. The legal name of the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location. If the application is for a medical marijuana dispensary offsite cultivation location, the name and location of the medical marijuana dispensary with which it is associated. 4. The name, address, and birth date of each officer and board member of the nonprofit medical marijuana dispensary. 5. The name, address, birth date, and valid registry identification card number of each nonprofit medical marijuana dispensary agent. 6. A copy of the operating procedures adopted in compliance with A.R.S. §36-2804 (B) (1) (c). 7. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses: i. A violent crime as defined in A.R.S. § 13-901.03 (B) that was classified as a felony in the jurisdiction where the person was convicted. ii. A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the Regu1~6~~~ Id~tiy~~}- October 19, 2010 -Page 98 of 101 _ 2 - 9/30/2010 2:15 PM EXHIBIT A TO MARANA RESOLUTION NO. 2010-103 Amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" zoning regulations adopted pursuant to Marana Ordinance No. 2010.18 sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. § 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona. 8. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked. 9. A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location will be secured, enclosed, and locked as required by law. 10. A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed in paragraph E below. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor. C. A medical marijuana dispensary shall have operating hours not earlier than 9:00 a.m. and not later than 5:00 p.m. D. A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall: 1. Be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle. 2. Not have drive-through service. 3. Not emit dust, fumes, vapors or odors into the environment. 4. Not provide offsite delivery of medical marijuana. 5. Prohibit consumption of marijuana on the premises. 6. Not have outdoor seating areas. 7. Display a current Town of Marana business license applicable to medical marijuana uses. E. A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite Regu1~6~ ~~i~~}-October 19, 2010 -Page 99 of 101 _ 3 _ 9/30/2010 2:15 PM EXHIBIT A TO MARANA RESOLUTION NO. 2010-103 Amendments to Marana Land Development Code Title 3 (Definitions), Title 5 (Zoning), and Title 8 (General Development Regulations) relating to "medical marijuana dispensary" and "medical marijuana dispensary offsite cultivation location" zoning regulations adopted pursuant to Marana Ordinance No. 2010.18 cultivation location to the property boundary of the parcel containing any existing uses listed below: 1. 2,000 feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location. 2. 2,000 feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility. 3. 1,000 feet from a public, private, parochial, charter, dramatic, dancing, music, learning center, or other similar school or educational facility that caters to children. 4. 1,000 feet from a childcare center. 5. 1,000 feet from a public library or public park. 6. 1,000 feet from a church. F. A medical marijuana dispensary offsite cultivation location not associated with a medical marijuana dispensary is prohibited, and only one medical marijuana dispensary offsite cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated. G. The number of medical marijuana dispensaries permitted within the town limits of Marana shall be limited to two. The number of permitted medical marijuana dispensaries shall be increased by one for each Marana population increase of 50,000 over and above the official 2010 census figure for Marana. Regu1~6~ ~~i~~}- October 19, 2010 -Page 100 of 101 _ 4 _ 9/30/2010 2:15 PM ~~~~~: ~~~ ~~~^~~~ ?IMI>IS~~N:1.NA.:1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 19, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Not Applicable Subject: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -October 19, 2010 -Page 101 of 101