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HomeMy WebLinkAbout08/05/2014 Council Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 5, 2014, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on August 5, 2014, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meeting If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - August 5, 2014 - Page 1 of 211 such as a sign language interpreter, by contacting the Town Clerk at (520) 382 -1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, August 04, 2014, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS 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 and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Ordinance No. 2014.020: Relating to Administration; amending Town Code Section 3 -2 -4 (Town clerk) to provide that the Town Manager may designate a person to act as the Regular Council Meeting - August 5, 2014 - Page 2 of 211 Town Clerk in the absence of the Town Clerk; and declaring an emergency (Jane Fairall) C 2: Resolution No. 2014 -065: Relating to Municipal Court; reappointing Charles Davies as Marana Town Magistrate for atwo -year term beginning September 1, 2014; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies. (Gilbert Davidson) C 3: Resolution No. 2014 -066: Relating to Municipal Court; approving the reappointment of magistrates pro- tempore for the Marana Municipal Court (Gilbert Davidson) C 4: Resolution No. 2014 -067: Relating to the Police Department; approving and authorizing the Mayor to execute a revised intergovernmental agreement by and between the parties that form the Pima County /Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force (Lisa Shafer) C 5: Resolution No. 2014 -068: Relating to the Police Department; approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide School Resource Officers in support of the District's School Safety Program (Lisa Shafer) C 6: Resolution No. 2014 -069: Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT -14 -2314 (Lisa Shafer) C 7: Resolution No. 2014 -070: Relating to the Police Department; approving and authorizing the Safety and Emergency Management Coordinator to execute an AED Donation &Acceptance Agreement with the Gootter Foundation for the purchase of patrol car automated external defibrillators (AED). (Lisa Shafer) C 8: Resolution No. 2014 -071: Relating to Development; approving a final plat for John Deere Marana -Lots 1 & 2 located approximately 0.3 miles northwest of the Twin Peaks and I -10 Freeway Interchange. (Steven Vasquez) C 9: Approval of July 1, 2014 Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 12 (restaurant) liquor license application submitted by Federico Avitia on behalf of Stadium Grill located at 3682 W. Orange Grove Road, Suite 146, Tucson, AZ 85741. (Jocelyn Bronson) BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2014 -072: Relating to Boards, Commissions and Committees; appointing Daniel Contorno to the Town of Marana Personnel Action Review Board (Suzanne Machain) COUNCIL ACTION A 1: Resolution No. 2014 -073: Relating to Development; approving the subdivision plat known as Marana Center Final Block Plat Parcels 1 -5 on 170.70 acres on the south side of Twin Peaks Road between Interstate 10 and Linda Vista Boulevard (Steven Cheslak) Regular Council Meeting - August 5, 2014 - Page 3 of 211 A 2: Resolution No. 2014 -074: Relating to Utilities; approving and authorizing the Mayor to execute the Tangerine Business Park Public Water Infrastructure Participation Agreement and the Marana Technology Campus Public Water Infrastructure Participation and Water Service Agreement for construction of public water improvements in the Tangerine Corridor Economic Activity Center (Frank Cassidy) A 3: Resolution No. 2014 -075: Relating to Public Works; approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road - - Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project (Frank Cassidy) ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relatin _ to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E l: 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)(1) to discuss and evaluate the performance of Town Manager Gilbert Davidson FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Regular Council Meeting - August 5, 2014 - Page 4 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Ordinance No. 2014.020: Relating to Administration; amending Town Code Section 3 -2 -4 (Town clerk) to provide that the Town Manager may designate a person to act as the Town Clerk in the absence of the Town Clerk; and declaring an emergency Discussion: The proposed ordinance will change the procedure for appointment of an acting Town Clerk in the absence of the regular Town Clerk. Currently, the Marana Town Code provides that in this situation, the Town Manager or a designee of the Town Council shall act as the Town Clerk. The proposed ordinance will provide that either the Town Manager or a person designated by the Town Manager will act as the Town Clerk. This change is consistent with other provisions of the Town Code which provide that the Town Clerk is appointed by the Town Manager and serves under the direction of the Town Manager, rather than the Town Council. Financial Impact: None ATTACHMENTS: Name: D Ord. 2014- 020 revision to section 3 -2- 4.doc Description: Type: Ord/ 2014.020 Town Code Revision to Sec. 3 -2 -4 Ordinance Staff Recommendation: Staff recommends approval of the ordinance. Suggested Motion: I move to adopt Ordinance No. 2014.020, amending Town Code Section 3 -2 -4 (Town clerk) to provide that the Town Manager may designate a person to act as the Town Clerk in the absence of the Town Clerk, and declaring an emergency. Regular Council Meeting - August 5, 2014 - Page 5 of 211 MARANA ORDINANCE NO. 20149020 RELATING TO ADMINISTRATION; AMENDING TOWN CODE SECTION 3 -2 -4 (TOWN CLERK) TO PROVIDE THAT THE TOWN MANAGER MAY DESIGNATE A PERSON TO ACT AS THE TOWN CLERK IN THE ABSENCE OF THE TOWN CLERK; AND DECLARING AN EMERGENCY WHEREAS the Town Manager is authorized by Marana Town Code Section 3- 2- 1(G)(1) to execute, on behalf of the Town Council, general administrative supervision and control of the affairs of the town; and WHEREAS pursuant to Marana Town Code Section 3-2-4(A), the Town Clerk is appointed by the Town Manager and performs his or her duties under the general and specific direction of the Town Manager, Deputy Town Manager or Assistant Town Manager to whom the Town Clerk reports; and WHEREAS the Town Council finds that the revisions to the Marana Town Code set forth in this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Section 3 -2 -4 (Town clerk) is hereby amended as follows (with deletions shown with and additions shown with double underlining) 3 -2 -4 Town clerk [Paragraph A remains unchanged] B. Absence of town clerk In the absence of the town clerk, the town manager or a person designated by the town mana g er sib shall be the acting town clerk. The acting town clerk shall have the duties and responsibilities of the town clerk as established by law, this code or other ordinance. [Paragraphs C and D remain unchanged] SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Ordinance No. 2014.020 - 1 - Regular Council Meeting - August 5, 2014 - Page 6 of 211 SECTION 4. 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 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of August, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Ordinance No. 2014.XX &M Regular Council Meeting - August 5, 2014 - Page 7 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2014 -065: Relating to Municipal Court; reappointing Charles Davies as Marana Town Magistrate for a two -year term beginning September 1, 2014; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies. Discussion: Mr. Charles Davies was initially appointed as Town magistrate on September 1, 2008 and has successfully served three consecutive two -year terms. Over the last six years, Judge Davies has implemented successful cost recovery measures and is maintaining lower court and j all costs. Judge Davies is to be commended for the smooth operation of the court. Judge Davies and Town Manager Gilbert Davidson have discussed the renewal of Judge Davies' employment agreement and both parties have agreed that the terms of the agreement will remain unchanged, except for provisions regarding compensation. When Judge Davies was reappointed in 2010, he voluntarily forwent a salary increase. In lieu of a salary increase, he accepted an additional 16 hours (two days) of personal leave to be used by the end of each calendar year for the period of the employment agreement. In light of the fact that all Town employees received a salary increase for fiscal year 2014 and in recognition of Judge Davies' efforts to improve court operations, the attached employment agreement has been prepared which grants Judge Davies a 3% salary increase on September 1, 2014 ($112,004.42 /annually). Additionally, if the Council approves salary increases for unclassified positions for the fiscal year beginning July 1, 2015, due to a market adjustment, the judge will receive the same salary increase, effective September 1, 2015. Financial Impact: The increased annual salary cost of $3,262.26 plus applicable employer related expenses for fiscal year 2014 -2015 will be absorbed through other savings within the department's budget. Any increase for fiscal year 2015 -2016 will be included within the overall budget projection for that year. ATTACHMENTS: Name: Description: Type: D Reso. 2014- 065 Reappointment of Davies as magistrate.doc Reso. 2014 -065 Reappointment of Judge Davies Resolution D AGT 20140716 Davies, Chuck - magistrate contract 2014 -2016 (00038670- 2).doc Exhibit A -Town Magistrate Employment Agreement Exhibit Regular Council Meeting - August 5, 2014 - Page 8 of 211 Staff Recommendation: Staff recommends approval of Judge Davies' contract. Suggested Motion: I move to adopt Resolution No. 2014 -065, reappointing Charles Davies as Marana Town Magistrate for a two -year term beginning September 1, 2014; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies. Regular Council Meeting - August 5, 2014 - Page 9 of 211 MARANA RESOLUTION NO. 2014-065 RELATING TO MUNICIPAL COURT; REAPPOINTING CHARLES DAVIES AS MARANA TOWN MAGISTRATE FOR A TWO -YEAR TERM BEGINNING SEPTEMBER 1, 2014; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND CHARLES DAVIES. WHEREAS Marana Town Code Chapter 5-2 provides that the Town Council shall appoint a Town Magistrate as the presiding officer of the municipal court and that the Town Magistrate shall be appointed to a two -year term; and WHEREAS the position of Marana Town Magistrate is currently held by Charles Davies, who has served in that position since 2008; and WHEREAS Charles Davies is a member in good standing of the State Bar of Arizona with extensive civil and criminal courtroom experience; and WHEREAS the Town Council finds that the reappointment of Charles Davies as Marana Town Magistrate is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Charles Davies is hereby reappointed as Marana Town Magistrate for a two -year term beginning on September 1, 2014, and that the Town Magistrate Employment Agreement attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution 2014 -065 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting - August 5, 2014 - Page 10 of 211 TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ( "this Agreement ") is made by and between the TowN OF MARANA, an Arizona municipal corporation (the "Town "), and CHARLES P. DAVIES (the "Judge ") for magistrate services. The Town and the Judge are collectively referred to in this Agreement as the "Parties" and are sometimes individually referred to as the "Party." RECITALS A. The Town has established the Marana Municipal Court pursuant to A.R.S. § 22 -402, and has established the position of Marana Town Magistrate pursuant to A.R.S. § 22 -403. B. The Judge is a member in good standing of the State Bar of Arizona with extensive Arizona civil and criminal courtroom experience. C. The Judge is currently the Marana Town Magistrate, and the Parties desire for the Judge to continue as Marana Town Magistrate pursuant to this Agreement. Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Magistrate Appointment and Compensation 1.1. Appointment The Town hereby appoints and employs the Judge as Marana Town Magistrate for the two -year term beginning September 1, 2014 and ending August 31, 2016. 1.2. Compensation The Judge shall be paid a base salary of $ 112,004.42 per year for the period of this Agreement, modified by any increases noted herein. 1.3. Annual Salary Adjustment The Parties recognize that performance reviews and merit -based salary adjustments would not be consistent with maintaining the independence of the Marana Town Magistrate. On the other hand, restricting the Judge's compensation to base salary would provide lesser salary increases than are typical for unclassified (management) positions of the Town. To balance these considerations, the Parties agree that if the Town Council approves salary increases for employees in unclassified positions for the fiscal year beginning July 1, 2015, due to a market adjustment, the Judge shall receive a salary increase equal to the market adjustment for unclassified positions, effective September 1, 2015. 1.4. Continuing Legal Education The Town shall pay registration fees, mileage expenses and standard reasonable lodging and meal reimbursements for the Judge to attend the annual Arizona Judicial Conference, and other seminars within the State of Arizona that are required to satisfy the Judge's continuing legal education requirements. 1.5. Status For purposes of determining employee benefits, the Judge shall be an employee of the Town, and not an independent contractor, and shall receive all of the normal employee benefits accruing to other Town employees with the following exceptions. 1.5.1. In addition to the 16 hours of personal leave generally provided to most full -time Town employees on an annual basis, the Judge shall be granted an additional 56 hours of 100038670.DOC / 21 PAGE 1 OF 3 Regular Council Meeting - August 5, 2014 - Page 11 of 211 personal leave annually, for a total of 72 hours personal leave per year. The 72 hours of personal leave shall not accrue and will be forfeited if not used within each calendar year. 1.5.2. The Judge shall accrue annual vacation at the rate of 4.62 hours per pay period. The Judge's accumulated vacation leave balance shall not be permitted to exceed 240 hours. 1.6. Judicial Independence Notwithstanding the Judge's status as a Town employee for purposes of determining benefits, the authority, if any, of the Town over the Judge shall be limited given the obligation to maintain the independence and integrity of the judiciary. Nevertheless, the Parties agree that the Judge shall comply with all applicable State and Federal laws and with the Town's personnel policies and administrative directives. 1.7. Administrative Modifications The parties recognize that changes in Magistrate Court personnel and fluctuations in Magistrate Court usage may require modification of the administrative duties of the Marana Town Magistrate and other Magistrate Court employees. The parties agree to cooperate and coordinate in making adjustments to the duties of the Marana Magistrate and other Magistrate Court employees, as necessary, to adjust to these changes. Article 2. Full Time Employment 2.1. Work Week The Parties acknowledge and agree that the position of Marana Town Magistrate is a full time, forty -hour a week job, considering the Marana Town Magistrate's duties at the Magistrate Court and responsibility to attend other meetings and functions of the Court and the Town. Consequently, the Judge shall typically work normal work hours (Monday through Friday, 8 A.M. to 5 P.M.), vacation and sick days and holidays excepted. Article 3. Community Service 3.1. The Judge shall be available for and participate in such community outreach and community service activities as the Judge determines are consistent with and do not create a conflict of interest or any appearance of impropriety with his position as Town Magistrate. Any hours spent participating in community service activities shall be included for purposes of work load tracking under Article 2. Article 4. Termination 4.1. By the Judge The Judge may terminate this Agreement at any time. 4.2. By the Town The Town may terminate this Agreement in any manner consistent with the laws of the State of Arizona, including without limitation termination for cause after a due process hearing or upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6. 1, Section 2 or Section 3 of the Arizona Constitution. 4.3. By Death This Agreement automatically terminates upon the Judge's death. 4.4. By Term This Agreement terminates on August 31, 2016, if not previously terminated pursuant to other provisions of this Article. 4.5. Effect of Termination The Judge's status as a Town employee, and his rights to receive compensation and benefits, shall terminate upon the termination of this Agreement. The amount of the Judge's compensation shall be pro -rated based on the termination date. 100038670.DOC / 21 PAGE 2 OF 3 Regular Council Meeting - August 5, 2014 - Page 12 of 211 Article 5. General Terms and Conditions. 5.1. Effective Date This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date "). 5.2. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 5.3. Sever ability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. 5.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. 5.5. Interpretation. This Agreement has been negotiated by the Town and the Judge, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 5.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. "THE TowN ": "THE JUDGE"'. THE TOWN OF MARANA, an Arizona CHARLES P. DAVIES municipal corporation Ed Honea, Mayor Charles P. Davies Date: Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 100038670.DOC / 21 PAGE 3 OF 3 Regular Council Meeting - August 5, 2014 - Page 13 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2014 -066: Relating to Municipal Court; approving the reappointment of magistrates pro - tempore for the Marana Municipal Court Discussion: On August 212012, the Council approved Resolution No. 2012 -068 approving the appointment of magistrates pro - tempore to assist the Town Magistrate on an as- needed basis, based on the Town Magistrate's recommendation. If approved, this resolution will reappoint Kenneth Bowman, David Dingledine and Eugene Hays as magistrates pro - tempore on an as- needed basis. The terms of the reappointments will be from September 1, 2014 through August 31, 2016, to coincide with the term of the Town Magistrate's contract with the Town. Financial Impact: There will be no additional financial impact beyond that which has already been included in the Municipal Court's budget. ATTACHMENTS: Name: Description: Type: 1) Reso. 2014- 066 reappointment of fudges pro tem.doc Reso. 2014 -066 Reappointment of Judges Pro Tern Resolution Staff Recommendation: Staff recommends approval of this resolution and the reappointment of the magistrates pro - tempore. Suggested Motion: I move to adopt Resolution No. 2014 -066, approving the reappointment of magistrates pro - tempore for the Marana Municipal Court. Regular Council Meeting - August 5, 2014 - Page 14 of 211 MARANA RESOLUTION NO, 2014-066 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF MAGISTRATES PRO TEMPORE FOR THE MARANA MUNICIPAL COURT. WHEREAS Section 5 -2 -1 of the Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate's ab- sence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honora- ble Charles Davies, has determined that it is necessary to appoint qualified individuals to serve as magistrates pro tempore on an as- needed basis in the Marana Municipal Court; and WHEREAS on August 21, 2012, via Resolution No. 2012 -068, the Town Council appointed Kenneth Bowman, David Dingledine and Eugene Hays as magistrates pro tempore; and WHEREAS the Town Magistrate recommends that the Town Council reappoint Kenneth Bowman, David Dingledine and Eugene Hays to continue their service as magistrates pro tempore on an as- needed basis; and WHEREAS the Town Council Ends that these individuals meet the qualifications imposed by Arizona law and possess the requisite skill and character to perform as magistrates pro tempore. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby reappoints the following individuals to continue their service as magistrates pro tempore on an as- needed basis: Kenneth Bowman, David Dingledine and Eugene Hays. SECTION 2. The Town Council hereby directs that the reappointment of these magistrates pro tempore is effective September 1, 2014, and that their terms shall expire on August 31, 2016. SECTION 3. The Town Council further directs that the magistrates pro tempore shall be paid at the rate of $125.00 per half -day and $250.00 per full-day of service, as independent contrac- tors to the Town. -I - Marana Resolution 2014 -066 Regular Council Meeting - August 5, 2014 - Page 15 of 211 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 5th day of August 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Marana Resolution 2014 -066 Regular Council Meeting - August 5, 2014 - Page 16 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council Item C 4 From: Lisa Shafer, Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -067: Relating to the Police Department; approving and authorizing the Mayor to execute a revised intergovernmental agreement by and between the parties that form the Pima County /Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force Discussion: On February 4, 2014, Mayor and Council passed Resolution No. 2014 -005 approving and authorizing the Mayor to execute an intergovernmental agreement by and between the parties that form the Pima County /Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force. Shortly after approval of that resolution the Town received a revised CNA IGA from the City of Tucson. On April 1, 2014, Mayor and Council passed Resolution No. 2014 -031 approving and authorizing revision to that IGA including changes to the contact information for some of the participating agencies and the removal of Section X(G) referencing "doing business in the Middle East." That provision was replaced with "Reserved" because the sunset clause requiring local and state governments to include this statement in legal documents expired in June 2013. In June 2014, the Town received another revised CNA IGA from the City of Tucson. The IGA now presented for approval includes a revision to Section XVII, the hold harmless clause. The revision removes the exception for the University of Arizona and inserts mutual indemnification language that is approved by the State of Arizona. This revision does not change the original intent of the IGA or the obligations of the Town of Marana. No other changes to the IGA are contemplated by this amendment. ATTACHMENTS: Name: Description: Type: D Reso. 2014- 067 Second Revised CNA IGA.docx Reso. 2014 -067 Resolution C1 CNA - REVISED FINAL IGA June 2014.docx CNA Taskforce IGA Executive Summary Staff Recommendation: Suggested Motion: I move to adopt Resolution No. 2014 -067, approving and authorizing the Mayor to execute the revised intergovernmental agreement by and between the parties that form the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force. Regular Council Meeting - August 5, 2014 - Page 17 of 211 MARANA RESOLUTION NO. 2014-067 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A REVISED INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE PARTIES THAT FORM THE PIMA COUNTY /TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) REGARDING THE ADMINISTRATION AND OPERATION OF THE CNA, A LAW ENFORCEMENT TASK FORCE WHEREAS the Marana Police Department is working with Pima County, the City of Tucson, the Towns of Oro Valley and Sahuarita, the Arizona Department of Public Safety and the University of Arizona Police Department as a regional partner in the Pima County /Tucson Metropolitan Counter Narcotics Alliance (CNA), a law enforcement task force; and WHEREAS on February 4, 2014, the Town Council adopted Resolution No. 2014 -005, approving and authorizing execution of an intergovernmental agreement (IGA) by and between the parties that form the CNA regarding the administration and operation of the CNA, a law enforcement task force; and WHEREAS the IGA adopted on February 4, 2014 was revised by the parties shortly after the adoption of Resolution No. 2014 -005; and WHEREAS on April 1, 2014 the Town Council adopted Resolution No. 2014 -031 approving and authorizing execution of the revised IGA by and between the parties that form the CNA regarding the administration and operation of the CNA, a law enforcement task force; and WHEREAS the IGA adopted on April 1, 2014 was revised by the parties shortly after the adoption of Resolution No. 2014 -031; and WHEREAS the Town Council Ends that adoption of the revised IGA is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The revised IGA between the Town of Marana, Pima County, the City of Tucson, the Towns of Oro Valley and Sahuarita, the Arizona Department of Public Safety and the University of Arizona Police Department, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The revised IGA attached to and incorporated in this resolution as Exhibit A hereby replaces and supersedes the IGA approved on April 1, 2014, pursuant to Resolution No. 2014 -031. Regular Council Meeting - August 5, 2014 - Page 18 of 211 - 1 - SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5 th day of August, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney WIM Regular Council Meeting - August 5, 2014 - Page 19 of 211 INTERGOVERNMENTAL AGREEMENT BETWEEN TUCSON POLICE DEPARTMENT, ARIZONA DEPARTMENT OF PUBLIC SAFETY, UNIVERSITY OF ARIZONA POLICE DEPARTMENT, ORO VALLEY POLICE DEPARTMENT, MARANA POLICE DEPARTMENT, SAHUARITA POLICE DEPARTMENT AND PIMA COUNTY /TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) This intergovernmental Agreement (hereinafter "IGA ") is entered into pursuant to A. R.S. § 11- 952 by and between the parties that form the Pima County /Tucson Metropolitan Counter Narcotics Alliance (hereinafter "CNA ") a law enforcement task force. CNA members include: Tucson Police Department, Arizona Department of Public Safety, University of Arizona Police Department, Oro Valley Police Department, Marana Police Department and Sahuarita Police Department. PPr.ITAI Whereas, the City of Tucson, the State of Arizona, The University of Arizona, the Arizona Board of Regents, the Town of Oro Valley, the Town of Marana, and the Town of Sahuarita, pursuant to A.R.S. § 13 -3872, and in accordance with the provisions of A.R.S. Title 11, Chapter 7, Articles 3, and as authorized by appropriate action of the governing body for each party, desire to enter into this mutual agreement on behalf of these law enforcement agencies. Whereas, the City of Tucson is empowered by Tucson Charter Chapter X, Section 7, to maintain a Police Department of the purposes stated herein and is authorized to contract by Tucson Charter Chapter IV, Section and Whereas, the Arizona Department of Public Safety is empowered by A.R.S. § 41 -1712 to maintain a narcotics enforcement and criminal investigation division, and Whereas, the Arizona Board of Regents is empowered by to A.R.S. § 15 -1627 (F) to maintain the University of Arizona Police Department for the purposes stated therein and by A.R.S. § 15 -1625 to enter into contracts on behalf of the University of Arizona Police Department and Whereas, the Town of Oro Valley is empowered by A.R.S. Title 9 to contract and by A.R.S. § 9 -240 (B) (12) to maintain the Oro Valley Police Department for the purposes stated therein, and Whereas, the Town of Marana is empowered by A.R.S. Title 9 to contract by A.R.S. § 9 -240 (b) (12) to maintain the Marana Police Department for the purposes stated therein, and Whereas, the Town of Sahuarita is empowered by to A.R.S. Title 9 to contact and by A.R.S. § 9 -240 (B) (12) to maintain the Sahuarita Police Department for the purposes stated therein and Whereas, implementation of this IGA will substantially further the public safety, health, and welfare: Now THEREFORE, the parties do hereby agree as follows: Regular Council Meeting - August 5, 2014 - Page 20 of 211 nFFiNiT1nN.q A. "Party" means each of the governmental entities that have executed this agreement. B. Chief Law Enforcement Officer" means that the person who is a "department of agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory," as such phrase is used in A.R.S. § 13 -3871, whether designated by appointment or election. C. "CNA" means the Pima County /Tucson Metropolitan Counter Narcotics Alliance. The governmental entities making up CNA are the City of Tucson, the State of Arizona, the Arizona Board of Regents, the University of Arizona, the Town of Oro Valley, the Town of Marana, the Town of Sahuarita, and the United States Government. ArRFFNIFNT Purpose The purpose of establishing CNA is to insure that drug enforcement in the Pima County and Tucson Metropolitan area will be conducted in a concerted effort among its law enforcement members, in order to maximize available resources. Enforcement activities will be addressed from the street to the international levels through cooperative interrelated drug and anti- terrorism efforts by sharing resources and intelligence in the successful interdiction of illegal narcotics. II. Obligations of the Parties A. The objectives to be accomplished by CNA through the formation of this IGA in the Pima County /Tucson Metropolitan area include: 1. Reducing the rate of crime associated with drug trafficking and drug use 2. Implementing strategies that will serve to interdict the availability, shipment and flow of illicit narcotics, and the monetary profits of those activities. 3. Employing investigative and enforcement strategies that target offenders, locations and organizations involved in illicit narcotic activities. 4. Utilizing intelligence driven law enforcement planning to coordinate and maximize the collaborative resources available through our member agency's joint participation. 5. Working towards the reduction in demand, availability, and chronic use of illicit narcotics. B. Jurisdiction The Chief Law Enforcement Officers of each of the parties hereto individually consent to the extension of peace authority into their jurisdiction of territory by the peace officers assigned to CNA by the Chief Law Enforcement Officers of other parties, in accordance with the provisions of A.R.S. § 13 -2872. Nothing in this agreement shall 2 Regular Council Meeting - August 5, 2014 - Page 21 of 211 be construed as either limiting or extending the lawful jurisdiction of any of the parties, other than as expressly set forth herein. C. PLANNING AND ADMINISTRATION 1. CNA will be governed by a Policy Board composed of participating law enforcement members that has a final decision making authority over CNA's policies and operations. This includes the following: a. Establishing policies for selecting cases to be investigated. The policies formed shall be used to allocate, focus and manage CNA's resources, and to provide oversight on investigation. b. Retaining the right to disburse forfeited funds and real property to member agencies of CNA, or to CNA's Anti - Racketeering Fund held and managed by the Pima County Attorney's Office, pursuant to the provisions of A.R.S. § 13 -2314 and to 13 -2315, with the exception of any forfeiture generated by participating Federal Jurisdictions. c. Oversight of forfeiture investigation and analysis conducted by the Financial Remedies & Property Management Units assigned to CNA and administered by the Tucson Police Department. 2. Membership of the Policy Board a. The policy board will consist of the Chief Law Enforcement Officer of the agency sitting on the board or, in the case of Federal agencies, the head of the Tucson office. The lead agencies will include: Tucson Police Department, Arizona Department of Public Safety, Drug Enforcement Administration and Homeland Security Investigations. Additional agencies, herein also referred to as "participating jurisdiction members" will include, but not limited to, The University of Arizona, Marana Police Department, Oro Valley Police Department and the Sahuarita Police Department. b. Additional law enforcement agencies may be considered for participation in CNA with final decision making for their acceptance on the Board retained by the current Policy Board members at the time a request is made. c. Each member of the Policy Board has an equal vote including the lead and participating member agencies. The agency representing the participating jurisdictions will have the right to represent and vote on the behalf of all other participating jurisdiction members. d. A single Policy Board member selected from among the ranks of the participating jurisdiction members shall represent all participating jurisdiction members on the Policy Board. 1. After the term of one year, a vote will be taken annually by the Policy Board to elect the next participating jurisdiction member representative. The Policy Board retains the right to re -elect the individual serving as the representative of the participating jurisdiction members for multiple terms. Regular Council Meeting - August 5, 2014 - Page 22 of 211 2. The Chief Officer of each law enforcement agency, including lead and participating jurisdiction members, may appoint a designee to fill the Chief's position on the Policy Board. A designee may exercise the appointing Chiefs' voting rights. 3. Both the Policy Board Chairperson and Vice - Chairperson positions can be rotated among the lead sponsoring agencies. The terms of these positions shall not exceed one year. At the end of each year served, the Policy Board will select and vote upon the individuals from the lead sponsoring agencies to assume these positions. The Policy Board retains the right to re -elect individuals to serve in these positions for multiple terms. 4. A quorum of three - quarters is sufficient to vote upon a policy and take Board action. 5. The Policy Board meets on a regular schedule that is agreed upon by the Board members. CNA's Commander is responsible for making quarterly or regularly scheduled reports to the Board on CNA's operational and budget activities. 6. Minutes are kept of all meetings, and members are notified in advance of scheduled meeting dates. D. OPERATIONAL COMMAND 1. Operational command of the CNA is currently the responsibility of the Tucson Police Department. The Tucson Police Department assigns a Police Captain to command CNA. This individual is responsible to the Policy Board for carrying out approved policy. 2. CNA commanders serve a term of three years and may be appointed from the Tucson police Department or the Arizona Department of Public Safety. 3. With the approval of the selected agency (or agency with a Commander in place), the Policy Board will select the agency that is to provide the commander. E. PROJECT ADMINISTRATION AND REPORTING 1. Responsibilities of CNA and City of Tucson Police Department include: a. Grants and Reimbursements: The Tucson Police Department is responsible for contract administration, equipment purchases, grant and funding source reports. Submission of financial grant and funding reports is the responsibility of the Tucson Police Department. CNA is responsible for the annual High Intensity Drug Trafficking Area (HIDTA) and Arizona Criminal Justice Commission (ACJC) grant applications including budget requests. The monthly, quarterly and annual performance measurement statistical reports required by the HIDTA and ACJC grant administrators is the responsibility of CNA. b. Provision of Documentation: The Tucson Police Department establishes requirements for the provisions of documentation necessary to reimburse participating agencies for personnel, equipment and all other operating expenditures. This responsibility includes ensuring that all grant- funded expenditures comply with the Federal guidelines for the HIDTA and ACJC grants. 4 Regular Council Meeting - August 5, 2014 - Page 23 of 211 c. Financial Systems Management Procurement: CNA will approve and manage all of its operating expenditures directly through the City of Tucson financial system and be responsible for the following tasks. 1. CNA staff will coordinate with the City of Tucson budget, finance and purchasing departments to outline methods that are in the best interest of both parties to process and pay for CNA purchases and expenses. 2. CNA staff will enter and manage input of all operating expenses in the City of Tucson's financial systems. 3. Staff will follow all guidelines set forth by the City of Tucson for the preparation and management of its finances on the software and web -based systems utilized by the city's budget and finance departments. 4. CNA staff will follow all guidelines set forth by the City of Tucson purchasing department for the preparation and processing of purchase orders, vendor contracts, P -card payments and any other purchases made on behalf of CNA by accessing City of Tucson purchasing software and associated financial systems. 5. CNA members will obtain internal approvals from CNA staff for payment of expenditures. Originals or copies of all reimbursement requests from its lead and participating jurisdiction members to agencies, including grant funded personnel expenses made to HIDTA and ACJC, that are sent to CNA for approval and processing. 6. The City of Tucson will issue checks for expenses incurred by CNA vendors, CNA's participating agencies, and any and all other entities requesting payment. 7. CNA will make monthly or quarterly reimbursement requests directly to the Pima County Attorney's Office (PCAO) to re -fund the City of Tucson for the expenses itemized in section 6.2.d. Reimbursement checks will be issued by PCAO, sent to CNA, and then forwarded by CNA to the City of Tucson finance department. 2. Responsibilities of the City a. Review and provide financial guidance and assistance for CNA as provided for other participating agencies and entities with the City's financial system. b. Process, enter or forward all invoices for payments to CNA for internal approvals. c. Provide CNA with budget reports for its expenses and the necessary planning documents for budget preparations. d. Provide assistance with purchase orders and purchase processes through the City as needed. 3. Responsibility of Agencies Submitting Reimbursement Requests to CNA a. Starting July 1, 2013 2 copies of any requests for grant and personnel (salary, overtime, overtime ERE) reimbursements are required. If only one Regular Council Meeting - August 5, 2014 - Page 24 of 211 copy is submitted, CNA will return it to the submitting party and request that 2 copies be forwarded to CNA. CNA reserves the right to revise the number of copies and paperwork required by agencies and other entities submitting reimbursement requests as CNA'S financial documentation policies change. b. Any travel or training attended on behalf of CNA will be planned and paid for through CNA or the employee's home agency. When these expenses are incurred by a home agency, said agency must submit a reimbursement request to CNA. CNA staff will process the reimbursement to the submitting agency and request a check for payment of these expenses from PCAO. F. STAFF 1. CNA includes staff from grant- funded and non -grant funded sources. Positions allocated to CNA from state or local member agencies shall be assigned by the Policy Board with the goal of encouraging and maintaining a multi - jurisdictional staff. Grant funded positions are not allocated to federal agencies. 2. Personnel selected to fill grant- funded positions are chosen in accordance with federal affirmative action guidelines. Agencies providing grant funded employees pay the salaries and fringe benefits for said employees and submit documentation as required by the Tucson Police Department for the BYRNE Grant and as required by the Administrators of the HIDTA Grant for reimbursement of these personnel expenses. Agencies receiving grant funds agree to preserve and make available all salary and fringe benefit records for a period of five (5) years from the date of final payment, or for a longer period of time if required by state or Federal regulation. Agencies providing grant funded positions are not using these positions to supplant currently budgeted positions. 3. Overtime and overtime employee related expenses incurred by a staff member will be funded by CNA from its Anti - Racketeering account. Lead and participating jurisdiction member agencies must prepare and submit to CNA reimbursement requests for processing and payment of these expenses. G. PROVISIONS OF EQUIPMENT AT TERMINATION OF IGA BY ALL PARTICIPATING MEMBERS. Upon termination of the IGA and disbandment of CNA equipment purchases, including vehicles, made with its Anti - Racketeering funds managed by Pima County Attorney's Office, shall be disbursed in accordance with Federal and state guidelines at the time this agreement is ended. The Policy Board will retain the right to disburse existing equipment, including vehicles, to its participating agencies. The agencies requesting the equipment /vehicles must provide the Tucson Police Department and the City of Tucson with written assurance that said equipment, and vehicles, will be used in the criminal justice system. If equipment used by CNA was supplied by one of its member agencies, said equipment will be returned to that agency. H. UNAVAILIBILITY OF FUNDING Every payment obligation of CNA's participating agency members under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the Agreement, this Agreement may be terminated by an agency member. In the event this provision is exercised, an agency member shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. Regular Council Meeting - August 5, 2014 - Page 25 of 211 11:11V & This IGA shall be for an initial term of five (5) years, effective upon the adoption of a fully executed agreement by all parties. The parties shall have the option to extend the term of this IGA for two (2) additional five (5) year periods. Any modification or time extension of this IGA shall be by formal written amendment executed by parties hereto. IV. TERMINATION A. Any party may terminate its participation in this Agreement by giving not less than a 60 -day written notice to the other parties. In the event of such termination, each party shall retain possession of its separately owned equipment and property. Any party, whose participation in the Agreement is terminated for any reason, shall return to CNA equipment and vehicles purchased with CNA grant or Anti - Racketeering funds. B. The CNA Policy Board reserves the right to request termination of this Agreement with a participating member if that member violates the policy guidelines set forth by the CNA Board. A vote of the other Board members will be taken to determine if a consensus exists for requesting the termination. C. This IGA is subject to cancellation by the parties pursuant to A.R.S. § 38 -511. V. NON- ASSIGMNENT None of the parties to this Agreement shall assign its rights under this Agreement to any other party without written permission from the Policy Board. VI. CONSTRUCTION OF AGREEMENT A. Entire agreement. This instruction constitutes the entire agreement between all parties herein 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 extended, modified, amended, altered, or changed only by written agreements signed by all 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 precision 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, 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 Regular Council Meeting - August 5, 2014 - Page 26 of 211 declared invalid or void, the parties agree to meet promptly upon request of another party in attempt to reach an agreement on a substitute provision. VII. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of any existing CNA member. VIII. 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 members and CNA. None of the parties shall be liable for neither any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security income taxes for itself or any of its employees. IX. RESERVED X. LIMITATION OF LIABILITY AND COMPLIANCE WITH LAWS Each party will comply with the human relations provisions of its respective agency and all 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. Executive Order Number 99 -4 issued by the Governor of the State of Arizona, and Tucson City Code § 28 -138 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 -366. 42 U.S.0 12101- 12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. C. For the purposes of worker's compensation, an employee of a party to this agreement, who worked under the jurisdiction or control of, or who works within the jurisdictional boundaries of another party pursuant to this particular intergovernmental agreement for mutual aid law enforcement, shall be deemed to be an employee of the party who is the employee's primary employer and of the party under whose jurisdiction and control the employee is then working as provided in A.R.S. § 23- 1022(D) and the primary employer party of such an employee shall be solely liable for payment of worker's compensation benefits for the purpose of this section. Each party herein shall comply with provision of A.R.S. § 23- 1022(E) by posting the public notice required. 1. Except for the purpose of worker's compensation as noted in the preceding paragraph of this section, each party shall be solely responsible and liable for claims, demands, or judgments (including costs, expenses and attorney fees) resulting from personal injury to any person or damage to any property arising out of its own employee's performance under this agreement. Each party shall have the right of contribution against the other parties with respect to tort liability Regular Council Meeting - August 5, 2014 - Page 27 of 211 judgments should multiple parties under this agreement be found liable. This right of contribution shall not apply to any settlement or demand and each party shall be solely responsible for its own acts or omissions and those of its officers and employees by reason of its operations under this agreement. This responsibility includes automobile liability. Each party represents that it shall maintain for the duration of this agreement liability insurance. The parties may fulfill their obligations by programs of self- insurance providing protection. D. Immigration. Pursuant to the Governor's Executive Order 2005 -30, the parties agree to comply with all applicable federal immigration laws and regulations. E. Each party agrees to be solely responsible for any expense resulting from industrial insurance by its employees incurred as a result of operations under this agreement. F. CNA will assume sole responsibility for compliance with Internal Revenue Service and outside local, state and federal regulations. Said compliance will relate to all laws and guidelines set forth by any governing entity, especially regarding CNA financials. The City of Tucson will not assume any liability for non - conformance or penalties related to governance of CNA's budgeting and financial practices. G. Reserved. H. Non - Discrimination Language. The Parties agree to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009 -09 supersedes Executive Order 99 -4 and amends Executive Order 75 -5 and may be viewed and downloaded at the Governor of the State of Arizona's website https: / /www.azgovernor.gov /dms /upload /EO 2009 09.pdf which is hereby incorporated into the Agreement as if set forth in full herein. During the performance of this Agreement, the Parties shall not discriminate against any employee, client, or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability and national origin. XI. ARBITRATION In the event of dispute under this IGA, the parties agree to use arbitration to the extent required under A.R.S. § 12 -1518 and 12 -133. XII. 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. XIII. 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 causes beyond the control of the party affected, including but not limited to the failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightening, 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 Regular Council Meeting - August 5, 2014 - Page 28 of 211 governmental bodies in negligence or willful action of the parties, or 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 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. XIV. METHOD OF EXECUTION This agreement may be executed in one or more identical counterparts each of which shall be deemed an original, but all of which taken together shall constitute one agreement. XV. 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: City of Tucson City Manager City Hall Tower 255 West Alameda Street, 10 Floor Tucson, AZ 85701 Tucson Chief of Police Tucson Police Department 270 South Stone Avenue Tucson, AZ 85701 Director AZ Department of Public Safety PO Box 6638 Phoenix, AZ 85005 Deputy County Attorney Pima County Attorney's Office 32 N. Stone Avenue Tucson, AZ 85701 University of Arizona Sponsored Projects Services PO Box 210158, Room 510 Tucson, AZ 85721 -0158 Marana Chief of Police Town of Marana 11555 West Civic Center Drive Marana, AZ 85653 10 Regular Council Meeting - August 5, 2014 - Page 29 of 211 Oro Valley Chief of Police Oro Valley Police Department 11000 North LaCanada Drive Oro Valley, AZ 85737 Sahuarita Chief of Police Sahuarita Town Police Department 315 W. Sahuarita Center Way Sahuarita, AZ 85629 XVI. REMEDIES Either party may to be exclusive of any other right or remedy and each shall be cumulative and in addition to any remedies provided by law for the breach of this Agreement. No right or remedy is intended other right or remedy existing at law or in equity or by virtue of this Agreement. XVII. HOLD HARMLESS CLAUSE Each party shall be responsible for liabilities from all claims, damages, or suits arising from the negligence or willful misconduct of its officers, agents, and employees of any kind of nature arising out of CNA or its participating member agencies. Each party, (individually, an "Indemnitor ") agrees to indemnify, defend, and hold harmless each other party (individually, an "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 applicable Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers." 11 Regular Council Meeting - August 5, 2014 - Page 30 of 211 Parties to This Agreement City of Tucson Municipal Corporation Mayor ATTEST: Date City Clerk Reviewed And Approved As To Form: Date Pursuant to A.R.S. § 11 -952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. City of Tucson Attorney Date City Manager 12 Date Regular Council Meeting - August 5, 2014 - Page 31 of 211 Parties to This Agreement State of Arizona ATTEST: Governor Date Assistance Secretary of State Date Assistance Secretary of State 13 Date Regular Council Meeting - August 5, 2014 - Page 32 of 211 Arizona Board of Regents On behalf of the University of Arizona ATTEST: University of Arizona Date Office of Research & Contract Analysis Reviewed And Approved As To Form: Pursuant to A.R.S. § 11 -952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Counsel, Arizona Board of Regents 14 Date Regular Council Meeting - August 5, 2014 - Page 33 of 211 Parties to This Agreement Town of Oro Valley Municipal Corporation ATTEST: Mayor Date Town Clerk Reviewed And Approved As To Form: Date Pursuant to A.R.S. § 11 -952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Town of Oro Valley Attorney 15 Date Regular Council Meeting - August 5, 2014 - Page 34 of 211 Parties to This Agreement Town of Marana ATTEST: Mayor Date Town Clerk Reviewed And Approved As To Form: Date Pursuant to A.R.S. § 11 -952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Town of Marana Attorney 16 Date Regular Council Meeting - August 5, 2014 - Page 35 of 211 Parties to This Agreement Town of Sahuarita ATTEST: Mayor Date Town Clerk Reviewed And Approved As To Form: Date Pursuant to A.R.S. § 11 -952, the attorneys for the Parties hereto have determined that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. Sahuarita Town Attorney 17 Date Regular Council Meeting - August 5, 2014 - Page 36 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Lisa Shafer, Interim Community Development Director Strategic Plan Focus Area: Not Applicable Item C 5 Subject: Resolution No. 2014 -068: Relating to the Police Department; approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide School Resource Officers in support of the District's School Safety Program Discussion: The Marana Unified School District with the support of the Town of Marana Police Department applied and received grant funding from the Arizona Department of Education for two School Resource Officers (SROs) as a part of their School Safety Program. The SROs will be assigned to Marana Middle School and Marana High School. This will be the first time these schools have had SROs since 2009 when they were removed due to budget cuts. The intent of the School Safety Program is to place SROs on school grounds to contribute to safe school environments that are conducive to teaching and learning. The SRO will also be required to teach Law - Related Education to the students to promote a safe, orderly environment and good citizenship. Having officers in the schools provides a sense of safety to the students and the staff where they can feel free from the threat of physical harm and verbal abuse. These officers give students an adult to go to with safety concerns all while providing students with a positive view of law enforcement. This grant provides for the salary and benefits of the officers for the next three school calendar years. The officers will be on site at the schools for 10 months out of each year. During the two summer months the Town will pick up the expense of the officers and will assign them to perform normal patrol officers duties. Oral boards were conducted with interested officers in July. Representatives from both of the schools along with police department took part in the selection process. Two officers have been chosen and will begin their assignment with the start of the school year. Financial Impact: The Town of Marana will be responsible for 1/6 of the salary and benefits, equipment and all required training for the two officers. This cost was budgeted into the current 2015 budget. ATTACHMENTS: Name: Description: Type: D Reso. 2014- Reso. 2014 -068 MUSD SRO Grant 068 Service Agreement with MUSD for SRO program.docx Agreement Resolution Regular Council Meeting - August 5, 2014 - Page 37 of 211 D AGT 20140729 Service Agreement between MPD and MUSD for SRO Exhibit A - Service Agreement with MUSD Exhibit (00038879).pdf Award Letter to MUSD.pdf MUSD Award Letter Backup Material D School Safety Program Guidance Manual.docx School Safety Program Guidance Manual Backup Material Staff Recommendation: Staff recommends approval of the Service Agreement with Marana Unified School District to provide school resource officers to Marana Middle School and Marana High School. Suggested Motion: I move to adopt Resolution No. 2014 -068, approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide School Resource Officers in support of the District's School Safety Program Regular Council Meeting - August 5, 2014 - Page 38 of 211 MARANA RESOLUTION NO. 2014-068 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE MARANA UNIFIED SCHOOL DISTRICT TO PROVIDE SCHOOL RESOURCE OFFICERS IN SUPPORT OF THE DISTRICT'S SCHOOL SAFETY PROGRAM WHEREAS the parties are authorized to enter into a service agreement for school safety program purposes pursuant to A.R.S. § 15 -154 and A.R.S. § 15 -155; and WHEREAS the Marana Unified School District (MUSD) is the recipient of a three -year grant from the Arizona Department of Education to provide one School Resource Officer ( "SRO ") at Marana High School and one SRO at Marana Junior High School; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the service agreement with MUSD to provide two Marana Police Department SROs for the School Safety Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the service agreement between MUSD and the Town for the provision of school resource officers in support of MUSD's School Safety Program, 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 authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of August, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014 -068 Regular Council Meeting - August 5, 2014 - Page 39 of 211 SERVICE AGREEMENT UNIFIED by and between MARANA SCHOOL DISTRICT NO. 6 d TVE TONIN This Service Agreement ( "Agreement ") is entered into by and between Marana Unified School District No. 6 (hereinafter known as "District ") and Town of Marana (hereinafter known as "Town "); WHEREAS, the parties are authorized to enter into this Agreement pursuant to A.R.S. §15 -154 andA.R.S. §15 -155; WHEREAS, the District is the recipient of a three (3) year grant from the Arizona Department of Education to provide one School Resource officer ( "SRO ") at Marana Nigh School and one SRO at Marana Middle School; WHEREAS, the District and the Town desire to work in cooperation with one another to further the goals of the District's "School Safety Program;" NOW THEREFORE, in consideration of the mutual agreements set forth, the parties agree as follows: 1. Purpose The purpose of this Agreement is to establish the terms and conditions under which the Town will furnish administrative and other resources and provide SROs in support of the District's School Safety Program. In the provision of services under this Agreement, both parties agree to comply with the provisions of the School Safety Program Guidance Manual dated February 2014 ("Guidelines") prepared by the Arizona Department of Education. The objectives of this .Agreement are to instill feelings of safety in students and staff in the school environment, to provide a specific adult to address individual student safety concerns, to engender a positive view of law enforcement personnel, and to provide students with Law - Related Education ( 2. Term This Agreement shall commence and be effective on July 1, 2014, and shall terminate on June 30, 2017 (the "Term "), unless terminated by either party as provided for in this Agreement. Payment, performance and obligations for any fiscal period are subject to the availability and appropriation of monies. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOWN OF MARANA 1 Regular Council Meeting - August 5, 2014 - Page 40 of 211 3. Administrative and School Safety Services A. Duties and Obli ations of District 1. The District shall provide a teacher to be present in the classroom, at all tunes, while the SRO implements LRE classroom instruction. The teacher and the SRO shall co- present. 2. The District shall designate a School Administrator at each site who is required to attend training provided by the Arizona Department of Education. 3. The School Administrator must complete a SRO performance assessment twice a year. The assessment must be shared with the SRO's supervisor. 4. The School Administrators, not the SRO, are responsible for school discipline. The School Administrators shall not interfere with the duties of the SROs as sworn law enforcement officers. 5. The District shall facilitate collaboration between the SROs and other school personnel on school -wide safety strategies such as staff trainings, emergency response planning, needs assessment and prevention programming. 6. The District shall provide time at regular staff meetings and trainings for the SROs to deliver LRE instruction relevant to school -wide prevention and safety related updates. 7. The District shall promote the integration of LRE into the classrooms and direct staff development of teachers and SRO involved in the delivery of LRE. 8. The District shall participate in the selection process of their SRO. 9. The District shall provide office space that provides privacy for the SROs. The office shall include the equipment necessary for the SROs to effectively perform their duties; i.e. telephone, desk, chair, filing cabinet and up -to -date computer and printer. 10. The School Administrator shall provide a complete copy of the grant application, the award and the Guidelines to each SRO as soon as the SRO begins service at the site. 11. The District shall send officers to LRE training annually and provide for all related travel expenses as provided in the grant. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOwN OF MARANA 2 Regular Council Meeting - August 5, 2014 - Page 41 of 211 B. Duties and Obligations of Town I. The Town shall provide two SROs, who will be present and accessible on the school campus to which they are assigned. One SRO shall be assigned to Marana High School and one to Marana Middle School. Each SRO must meet all requirements of the Guidelines. 2. The SROs shall be present for a ten (10) month, full -time position, at forty (40) hours per week. The ten (10) month period shall be defined as the District's school year for each of the school years occurring during the term of this Agreement. Absent an emergency, the SRO shall not be called away from their designated school. If the SRO is called away for police business (not including mandatory training, meetings or crisis), the District shall not be invoiced for that time. If the SRO is absent due to sick, vacation, personal or other leave, the District shall not be invoiced for that time. 3. The SRO must teach, have positive interactions with students, and serve as an active member of the school community. 4. Each SRO must provide 180 hours of LRE instruction per year. The LRE instruction requirement must include: • At least 80 hours of LRE classroom instruction to ongoing cohort groups of students i. Three to five classrooms, six sessions per classroom, within one quarter to the same group of students • At least 100 hours of universal LRE instruction i. 60 hours or more of universal LRE classroom instruction ii. Up to 20 hours for LRE planning and preparation iii. Up to 20 hours for LRE instruction to school staff and school community 5. The SROs shall keep a weekly activity log that tracks LRE instruction hours, teacher and subject or staff /community group, the topic of each LRE lesson, and the time the officer is off their assigned campus during their duty hours, regardless of the reason. 6. The SROs shall attend annual training provided by the Arizona Department of Education. at the.beginning of each school year. 7. The SROs" supervisor shall attend training provided by the Arizona Department of Education at the beginning of each school year. 8. The Town shall use its best efforts to maintain the same SRO at each site during the Term of this Agreement. Under no situation can a site have more than three (3) different SROs during the Term. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOwN OF MARANA 3 Regular Council Meeting - August 5, 2014 - Page 42 of 211 9. It may be necessary to request the assistance of the SRO to respond to a community situation /problem, traffic accident. when the SRO is off campus on business that does not pertain to the school, those hours should be prorated and not paid for by the District. The invoice from the Town should reflect only hours the . SRO actually was involved in school business. 10. The SROs shall serve as a member of the School Safety Assessment and Prevention Team. 11. The SROs shall utilize expertise and agency resources for intervention and prevention of potential crime. 12. The SROs shall collaborate with school personnel on school -wide safety strategies (e.g., staff trainings, emergency response planning, needs assessment and prevention programming). 13. The SROs shall build relationships with students, parents and staff that promote a positive image of law enforcement. 14. The SROs shall fulfill their duties as sworn law enforcement officers of the State of Arizona. C. Joint Duties and Obligations 1. The SROs' supervisor and School Administrator shall support, oversee and review the SROs' activity logs to ensure fulfillment of grant requirements. 2. The SROs' supervisor and School Administrator shall meet formally at least once per semester. 3. The School Administrator shall take the lead on school policy violations. The SRO should be involved when a student's conduct violates a law. 4. As partners in school safety, SROs and administrators shall work together to develop procedures for ongoing communication to ensure timely and uniform reporting of criminal activities. The parties shall develop and maintain a written document describing the general chain of command and channels of communication 5. The parties shall follow the following guidelines as set forth in the School Safety Program Guidelines: a. SRO recommended Description b. The Hiring Process C. Officer Training d. The Appeal Procedure e. Performance Evaluation Qualifications and Recommended Job SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOwN OF MARANA 4 Regular Council Meeting - August 5, 2014 - Page 43 of 211 D. Compensation In exchange for the Town's provision of the SROs and related services, District will pay to Town the cost of such services. The Town shall submit invoices to District on a monthly basis and the invoices shall be payable within thirty (30) days after receipt of the Town's invoice. Amounts outstanding after thirty (30) days following invoice dates will be subject to a 10% late fee. Per the Guidelines, late fees cannot be paid out of School Safety Program monies. E. Student Information As part of this Agreement the SROs and Town administrative staff will have access to District's student educational records as defined by the Family Educational Rights and Privacy Act of 1974 ( "FERPA "). The Town understands that disclosure of such records to an unauthorized person is a violation of law. The Town agrees that it will not disclose student records unless authorized in compliance with FERPA. F. Confidential Information As a part of this Agreement, the Town's administrative staff and SRO may have access to information which is confidential in nature including information pertaining to District employees. Town will not disclose confidential information to any person not preauthorized by District. For purposes of this section, confidential information does not include (a) information that is known to Town on the date of this agreement, (b) information that is in or enters the public domain through no fault of Town or its representatives or agents, or (c) information that is made known to Town on anon- confidential basis from an unsolicited source (other than the District) provided Town has no reason to know or believe that such source obtained the information improperly or is bound by an agreement not to disclose the information. G. ownership of Equipment Any equipment provided by Town shall remain the property of Town and any equipment provided by District shall remain the property of District. . 4. Reportin and Records All books, accounts, reports, files and other records relating to this Agreement shall be kept for five (5) years after termination of this Agreement. 5. Termination, Extension and Modification A. Termination. This Agreement may be terminated by either party if in its judgment such action is necessary due to: i. funding unavailability ii. statutory changes in the Safe Schools Program iii. either party's failure to implement or operate the approved "Safe Schools Program" iv. either party's non - compliance with the Agreement Any termination must be in writing, stating the reason therefore, be sent certified mail and upon thirty (30) days' notice to the other party. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOwN OF MARANA 5 Regular Council Meeting - August 5, 2014 - Page 44 of 211 6. Cancellation for Conflict of Interest The Parties acknowledge that this Agreement is subject to cancellation pursuant to A.R. S. §38-511, the provisions of which are incorporated herein and made a part hereof. 7. Non -Discrimination The parties shall comply with Executive Order 99 -4 and all other applicable State and Federal Employment laws, rules and regulations, mandating that all persons shall have equal access to employment opportunities, and that no person shall be discriminated against due to race, creed, color, religion, sex, national origin or disability. Town and District each represent and warrant to the other that it shall at all times retain insurance coverage in compliance with State laws and shall name the other party as an additional insured. 9. Employees Except as otherwise provided by law, in the performance of this Agreement and the "School Safety Program," both parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers or associates of each other. The employees, agents or subcontractors of one party shall not be deemed or construed to be employees or agents of the other party. 10. Mutual Indemnification To the fullest extent permitted by law, each party (as "Indemnteor ") agrees to indemnify, defend and hold harmless the other party, its officers, officials, employees, agents, volunteers, successors, and assigns (as "Indemnitees ") from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as `claims," arising out of bodily injury to any person (including death) or property damage, but only to the extent that such claims which result in vicarious /derivative liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, volunteers, successor, or assigns, provided, however,.. that the shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence.. 11. Applicable Law This Agreement shall be governed and interpreted by the laws of the State of Arizona, and in the event a conflict exists between this Agreement and the laws of the State of Arizona, the laws of the State of Arizona shall control. Any reference to a particular statute in this agreement shall also refer to that statute as amended in the future. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOwN OF MARANA 6 Regular Council Meeting - August 5, 2014 - Page 45 of 211 12. Dispute Resolution Neither party may file a claim against the other without first participating in good faith in mediation with a trained and impartial mediator. The parties shall share the expenses of mediation, except that shared expenses shall not include the cost incurred by a party for representation by an attorney at the mediations, if such representation is desired. If the dispute is not resolved by mediation or negotiation, a claim may be brought by either party in Arizona Superior Court, Pima County. 13. Notice Any notice required or permitted under the terms of this Agreement shall be deemed given or served if sent by certified mail, return receipt requested, postage prepaid to: MARANA UNIFIED SCHOOL DISTRICT NO. 6 Marana AZ 8 5 6 5 3 TOWN OF MARANA Attn: Town Manager 11279 W. Grier Road 115 5 5 W. Civic Center Drive Marana AZ 85653 14. Counterparts This Service Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same Agreement. 15. E- Verify, Records and Audits To the extent applicable under A.R.S. §41 -4401, the parties warrant their compliance with all federal and immigration laws and regulations that relate to their employees and compliance with the E- Verify requirements under A.R.S. § 23- 214(A). A party's breach of the above - mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by either party under the terms of the Agreement. The parties each retain the legal right to randomly inspect the papers and records of the other party to ensure that the other party is complying with the above - mentioned warranty. The parties warrant to keep their respective papers and records open for random inspection during normal business hours by the other party. The parties shall cooperate with the other party's random inspections, including granting the inspecting party entry rights onto their respective properties to perform the random inspection and Waiving their respective rights to beep such papers and records confidential. SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSD /TowN OF MARANA 7 Regular Council Meeting - August 5, 2014 - Page 46 of 211 16. Amendments To the extent permitted by law, the Parties may amend this Agreement in a writing signed by both Parties. 17. Workers' Compensation For purposes of workers' Compensation, an employee of a party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another party pursuant to this specific Agreement, is deemed to be an employee of both parties, as provided in A.R.S. § 23- 1O22(D). The primary employer of such employee shall be solely liable for payment of workers' Compensation benefits for the purposes of this paragraph. Each party shall comply with the notice provisions of A.R.S. § 23- 1O22(E). N WITNESS HEREOF, the parties sign this .Agreement: Dated this day of 2014, upon resolution of the Marana Unified School District No. 6 Governing Board approving this Agreement and authorizing its Superintendent to sign below: Iim Superintendent Attorney approval: This Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Marana Unified School District. y. J4, Ugal Counsel for the Marana Unified School District SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITowN OF MAR-ANA 8 Regular Council Meeting - August 5, 2014 - Page 47 of 211 Dated this day of , 2014, upon resolution of the Town Council of the Town of Marana approving this Agreement and authorizing its to sign below: TOWN OF MARANA By: Its: This Agreement has been reviewed by the undersigned attorney, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Town of Marana. r Legal Counsel for the Town of Marana C:IUserslssmith\AppData\ Local \Microsoftlwindows\Temporary Internet Files\Content.Outlook\E70QG 1 BL1Service Agreement MUSD and Town of Marana Final.docx SERVICE AGREEMENT FOR SCHOOL SAFETY PROGRAM: MUSDITOwN OF MAR-ANA 9 Regular Council Meeting - August 5, 2014 - Page 48 of 211 State of Arizona Departnient of Edticatioll John Htippeiithal Superintendent of Public Instruction June 27, 2014 Ms. Laurie Wright Grants Coordinator Marana Unified District 11279 W. Grier Road, Suite 115 -R Marana, AZ 85653 Dear Ms. Wright: Congratulations on having one or more schools in your district selected to participate in the School Safety Program (SSP). The intent of the School Safety Program is to place School Resource Officers (SRO) and Juvenile Probation Officers (JPO) on school grounds to contribute to safe school environments that are conducive to teaching and learning. This grant provides seed money for the salary and benefits of these officers as established in the Arizona Revised Statute (A.R.S.) 15 -155, School Safety Program officers maintain a visible presence on campus, deter delinquent and violent behaviors, serve as an available resource to the school community, and provide students and staff with Law-Related Education (LRE) instruction and training, The Arizona Department of Education (ADE) received 202 applications for funds totaling approximately $18.4 million. Applications were reviewed and scored in accordance with ADE Guidelines and Procedures for Competitive Discretionary Grants and per A.R.S. 41- 2701 -2704 and A.R.S. 41-2611. The School Safety Oversight Committee approved awarding the highest scoring applications up to the available funding level. Schools selected for SSP a ward Marana Middle School Marana High School The enclosed FYIS School Safety Program Award Sheet includes the fallowing information: awarded site(s); approved type and number of officers; total approved allocation for Purchased Professional Services (officer salary and benefits); total approved allocation for supplies; and in some cases, additional revisions noted In the Revisions /Comments section. The total district budget award includes the above approved budget items and excludes travel funds for training. The travel allocation table included in this document provides the dollars you will be eligible for once you secure your award. Process for AdjustinL Appl ication and Securing Awards: The old Grants Management System has been decommissioned and Is currently being migrated Into a new grants system. For those receiving an award, ADE will migrate the district administrator, site administrator, officer, and supervisor contact information from the old system to the new system. Contact information will be live in the system and available for future revisions. Approved site level allocations for Purchased Professional Services and Supplies, consistent with the FY 15 School Safety Program Award Sheet (enclosed), will also be inputted into the new system, For those outside of Maricopa County, please review the travel 1535 West Jefferson, Pboenix, .At-izona 8,5007 • Voice (602) 542 -8730 # Fax (642) 364 -1 938 Regular Council Meeting - August 5, 2014 - Page 49 of 211 allocation table and email your travel allocation request for each site /position to j_gn.ny.walk p azed.Lov by July 10, 2014 for an allocation adjustment. The original supplemental (narrative) FY 15 School Safety Program application responses submitted on -line in the old system will only be viewable in pdf form. The migration process should be complete by July 21, 2014 at which time you will be able to access your application in the new system by following the instructions: Access ADE Connect: ' To access ADEConnect, visit htt s: home.aze. /Portal„ and log in using your full e-mail address and ADEConnect password, If you have not accessed ADEConnect in the past, or are unsure if you have an account in ADEConnect, please contact the ADE Support Center at 602 -542 -7378 to confirm your account or have your password reset. More information and training is available on ADEConnect at: htt : vvww.azed. ov aelas adeconnect . ADEConnect is only the "portal" that will take you to various applications including the new Grants Management Enterprise. Once you have successfully logged in you will see a link for "Grants Management" under your account heading, much like in the old Common Logon. You will click that link to be redirected to the new GME. Once you have accessed Alf Connect: 1. verify that the district administrator, school administrator, officer, and supervisor contact information is correct. If incorrect, please revise. 2. verify accuracy of site level allocation (including travel allocation if applicable) and total district budget. 3. Resubmit the application for approval upon completion of all revisions, Overview of School Safety Pro ram Modifications The School Safety Program Legislative oversight Committee adopted the following additions to the School Safety and Assessment prevention Team (SSAPT) and Training Requi 'rements, School Safety and Assessment Prevention Team 1. Clarification of frequency of data review as "on- going." 2. An SSAPT model agenda has been added to the Guidance Manual (p. 33). Training Requirements 1. The agency supervisor is required to attend training the first year only. School Safety Tralnin s 1, The district administrator, principal, principal's designee (when applicable), and agency supervisor are all required to attend the Leadership training the first year of the grant — both new and returning grantees. 2. The principal or principal's designee participates in training in years two and three. 3. Officer training requirements remain the same: New officers attend New officer Training and continuing officers attend the LRE Advanced Academy. Travel Allocation Table Outside of Maricopa Training Requirement* frequency County District level $400 Leadership training Once. Year 1 of the Grant administrator School level $400 Leadership training series Year 1 of the Grant then administrator ** annually thereafter 1535 Wst Jeff erson, Phoenix, Arizona 8:5007 • Voice (602) 542 -$730 41 Fax (602) 364 -1938 Regular Council Meeting - August 5, 2014 - Page 50 of 211 Officer new to the program $800 _ New Officer training Once per new officer Continuing officer $400 Advanced LRE Academy _ Annua Agency Supervisor $400 Leadership training . .......... y Onc e: Year 1 of the Grant * Specific details for the 2014 -2015 training schedule will be seat to you and will also be available at htt www.azed. ov revention- ro rams school-safet program ** A principal must bring his /her designee to the Leadership Training (Year 1 of the Grant) if that designee is the person who will continue with the training in Years 2 and 3 of the grant. Revised Schaal Safety pro ram Guidance Manual The School Safety Program Guidance Manual has been updated. Please download the updated manual at I)tt : www.azed. av revention- ro rams school -safet - ro ram . This manual provides the requirements of the grant, clarifies responsibilities of all partners, and identifies the elements of an effective Schaal Safety Program. Please read the manual in its entirety as non - compliance with requirements may result in loss of future grant awards. Joint Applica All school administrator requirements, such as programs monitoring and training attendance, remain intact for those schools that are sharing an officer. Record Each school is responsible for maintaining all program- related records for the duration of the grant period (follow your records retention policy thereafter). The documents include but are not limited to the following: programs applications, training checklists, weekly activity lags, year-end reports, performance assessments, operational plans, SSAPT documentation, and training records. These records may be requested for year-end reporting, renewal applications, annual evaluations, and AIDE monitoring visits. Program Support Technical assistance and support are available to all program participants. Feel free to contact me at 602.542.7112 or by email at Jenny.Walker@azed.gov if you have any questions, Again, congratulations on your award. I look forward to working with you. Have a safe and productive school yearl Respectfully, 4"4V#WAW Jenny Walker, PhD School Safety Program Administrator Arizona Department of Education Enclosure: FY 15 School Safety Program Award Sheet 1535 'west Jefferson, Phoenix, Arizona 85007 • voice (602) 542 -8730 • Fax (602) 364 -1938 Regular Council Meeting - August 5, 2014 - Page 51 of 211 IV) Re fN U- Z g At 5, 2014 - Pa 52 of 211 SCHOOL SAFETY PROGRAM GUIDANCE MANUAL 1A u IN" I \�J Revised February 2014 -,q,r k� 0 =40;0% �t1E STS L N 0 Arizona Department of Education Regular Council Meeting - August 5, 2014 - Page 53 of 211 1912, TABLE OF CONTENTS INTRODUCTION SCHOOL SAFETY PROGRAM GOALS AND OBJECTIVES SCHOOL SAFETY PROGRAM OVERVIEW SECTION I ROLE OF AGENCY PARTNERS Education Staff Agency Supervisor Legislative Oversight Committee Department of Education Arizona Foundation for Legal Services and Education SECTION 2 ROLE OF OFFICER School Resource Officer Juvenile Probation Officer Recommended Qualifications /Job Description SECTION 3 IMPLEMENTING THE PROGRAM School Safety Assessment and Prevention Team Law Related Education Instruction School Safety Program Operational Plan Example Officer Training When School is not in Session: Summer Break and Intersession Weekly Activity Log Performance Evaluation Hiring Process Service Agreement Appeal Procedure SECTION 4 RESOURCES AND TOOLS What is LRE LRE Best Practices: Guidelines for Effective LRE LRE Academy and Expanded Services Officer Performance Assessment Tool for Administrators Activity Log Activity Log Instructions School Safety and Prevention Assessment Team Agenda School Safety Program Operational Plan Template LRE Best Practices Checklist School Safety Program Logic Model 1 4 5 6 7 8 10 12 14 15 16 17 18 19 20 21 22 24 25 27 29 30 31 32 33 34 35 36 Regular Council Meeting - August 5, 2014 - Page 54 of 211 INTRODUCTION The School Safety Program was established by ARS 15 -154 in 1994 for the purpose of placing School Resource Officers (SRO) and Juvenile Probation Officers (JPO) on school grounds to contribute to safe school environments that are conducive to teaching and learning. Through comprehensive prevention and intervention approaches, School Safety Program funded officers maintain a visible presence on campus; deter delinquent and violent behaviors; serve as an available resource to the school community; and provide students and staff with Law - Related Education instruction and training. Officers develop positive interactive relationships with the students, the staff, and the community that they serve. This proactive, prevention -based program is cultivated through collaborative working partnerships between officers, school administration, teachers, and police and juvenile probation departments. The Arizona Department of Education is pleased to provide the School Safely Program Guidance Manual. The manual is intended for use by all those involved in the program. It was developed through the efforts of the Working Group, a subcommittee of the School Safety Oversight Committee. Members represented rural and urban stakeholders in the program: site administrators, school resource officers, juvenile probation officers, law - enforcement agencies, juvenile probation departments, the School Safety Oversight Committee, the Arizona Department of Education, and the Arizona Foundation for Legal Services and Education. The Working Group mission: Through applied experience and expertise, the School Safety Program Working Group will identify and recommend policies and procedures to foster positive working relationships and safer school environments. The School Safely Program Guidance Manual is intended to provide information on the intent of the grant, the responsibilities of all parties, requirements for grant compliance, assistance with administrative issues, and the elements of an effective School Safety Program. For clarification on issues, or to provide feedback on the content, contact the School Safety Program Administrator at (602) 364 -2818. The guidance manual is a living document that will go through change as needed to meet the needs of the program. The Working Group will continue to meet to revise the manual as needed; therefore comments from those using the manual are appreciated. The School Safety Oversight Committee wishes to express its appreciation for the time and effort of those who serve on the Working Group. Regular Council Meeting - August 5, 2014 - Page 55 of 211 SCHOOL SAFETY PROGRAM GOALS AND OBJECTIVES Goal 1 The School Safety Program contributes to an orderly, purposeful atmosphere, which promotes the feeling of safety conducive to teaching and learning. Objective 1: Staff feels that the school is safe, and administration supports and monitors the consistency of actions /strategies /policies that will improve or maintain that feeling of safety. Obj ective 2: Students feel that the school is safe. They feel free from the threat of physical harm and verbal abuse. They feel they have an adult to go to with their safety concerns, and they feel their concerns are taken seriously and addressed. Objective 3: Staff and students have a positive view of the SRO /JPO. Goal 2 To teach Law - Related Education that promotes a safe, orderly environment, and good citizenship. Objective 1: The School Safety Oversight Committee ensures the continuous review and provision of instructional materials that promote a safe, orderly environment, and good citizenship. Objective 2: Officers conduct 180 hours of Law - Related Education instruction per year. Objective 3: Officers annually attend an Oversight Committee approved Law - Related Education academy /class to enhance their classroom skills and knowledge of appropriate LRE lessons. Regular Council Meeting - August 5, 2014 - Page 56 of 211 SCHOOL SAFETY PROGRAM OVERVIEW This page consists of fundamental points and expectations that need to be understood by all parties involved in the School Safety Program. This overview is not all - inclusive; therefore, the entire manual should be reviewed. Disputes between schools and agencies often arise because the intent of the grant is either not understood or not followed. Noncompliance can result in loss of funding. • Applications are submitted for a three year cycle through the Arizona Department of Education's on -line grants management enterprise. The application due date, established in A.R.S. 15 -154, is April 15 each year. Late applications are not accepted. • A Service Agreement between the school and the police or juvenile probation department must be developed. • The school administrator must establish a multidisciplinary School Safety Assessment and Prevention Team that meets quarterly to conduct school needs assessment, determine the use of the officer consistent with program requirements, coordinate prevention programming, and make recommendations for continuous improvement of the program. Refer to requirements on page 14. • The school administrator must lead the development and utilization of the operational plan that incorporates program requirements and illustrates their site specific program design in a succinct and logical manner. Refer to sample operational plan on Page 16. • The officer must be present and accessible on the school campus that they are assigned to by the grant. The grant pays the salary of a 10, 11, or 12 month, full -time position, at 40 hours per week. Absent an emergency, the SRO /JPO shall not be called away from their designated school. If the officer is called away for police or juvenile probation business (not including mandatory training, meetings, or crisis), the district shall not be invoiced for that time. The officer must be willing to teach, have positive interactions with students, and serve as an active member of the school community. Each officer must complete 180 hours of (LRE) instruction per year. The development and implementation of LRE must be based on a needs assessment. The 180 hour LRE instruction requirement must include: At least 80 hours of LRE classroom instruction to ongoing cohort groups of students o Three to five classrooms, six sessions per classroom within one quarter to the same group of students At least 100 hours of universal LRE instruction 0 60 hours or more of universal LRE classroom instruction o Up to 20 hours for LRE planning and preparation o Up to 20 hours for LRE instruction to school staff and school community A teacher must be present in the classroom, at all times, while the officer implements LRE classroom instruction. LRE best practices suggest that the teacher and the officer co- present. Regular Council Meeting - August 5, 2014 - Page 57 of 211 • The officer must keep a weekly activity log that tracks LRE instruction hours, teacher and subject or staff /community group, the topic of each LRE lesson, and the time the officer is off their assigned campus during their duty hours, regardless of the reason. Refer to requirements on page 19. • The officer is required to attend annual training provided by the Arizona Department of Education. * • The school principal is required to attend annual training provided by the Arizona Department of Education. * • The agency supervisor is required to attend training provided by the Arizona Department of Education.* • The district administrator is required to attend training provided by the Arizona Department of Education. * • The agency supervisor and school administrator must support, oversee, and review the officer activity log to ensure fulfillment of grant requirements. • The school administrator must complete an officer performance assessment twice a year. The assessment must be shared with the officer's supervisor. Refer to sample form on page 30. • The agency supervisor and school administrator are responsible for ensuring the officer is able to meet all grant requirements. • The agency supervisor and school administrator shall meet formally at least once per semester. • The school administrator, not the officer, is responsible school discipline. • Additional activities shall not overwhelm the officer, jeopardize their ability to meet the minimum requirements of this grant (e.g. excessive law enforcement /probation activity), or go against the intent of this program (e.g. disciplinarian, detention monitor, lunch duty, fill - in for teacher) • This grant does not provide funding for overtime. • Under no situation, can a site have more than three officers in a three year grant cycle. NonCompliance: Noncompliance with program requirements, as stated in this guidance manual, could result in loss of current and /or future grant funding. *Specific training requirements will be provided at the start of each grant year. Regular Council Meeting - August 5, 2014 - Page 58 of 211 EDUCATION STAFF ROLE IN THE SCHOOL SAFETY PROGRAM The district administrator, site principal and teachers' support of the School Safety Program is vital to the program's success. Education staff performs the following duties: n;o +r4n+ T oXrol 0 Supports and communicates the School Safety Program philosophy to all site staff. • Identifies those sites that would benefit and support the School Safety Program. 0 Understands the School Safety Program requirements. • Attends required training provided by the Arizona Department of Education. • Provides for an annual evaluation of the School Safety Program. • Develops and keeps open communication with local law enforcement. T oXTOl Supports and communicates the School Safety Program philosophy to all staff, students and parents on their campus. • Meets with the officer before the first day of duty to review the Service Agreement, school operational procedures and specifics of the program on campus. • Introduces the officer to staff and students and integrates officer into the school community. • Directs the development and utilization of an operational plan that incorporates program requirements and illustrates their site specific program design in a succinct and logical manner. • The school administrator must establish a multidisciplinary School Safety Assessment and Prevention Team that meets quarterly to conduct school needs assessment, to use the needs assessment data on an on -going basis to determine the use of the officer consistent with program requirements, coordinate prevention programming, and make recommendations for continuous improvement of the program. Refer to requirements on page 14. • Provides access to appropriate educational records and data to officers in accordance with FERPA. • Facilitates collaboration between officer and other school personnel on school -wide safety strategies such as staff trainings, emergency response planning, needs assessment, and prevention programming. 1 Regular Council Meeting - August 5, 2014 - Page 59 of 211 Utilizes needs assessment data to design clear and appropriate strategies and activities to support a successful School Safety Program to include: Use of law enforcement or juvenile probation expertise and resources, including strategic placement of officer, for intervention and prevention of potential crime. Use of LRE instruction to students, staff, and the school community. Refer to page 15. • Provides time at regular staff meetings and trainings for the officer to deliver LRE instruction relevant to school -wide prevention safety related updates. • Promotes the integration of law - related education into the classrooms and directs staff development of teachers and officer involved in the delivery of LRE. • Ensures a teacher is present in the classroom at all times during LRE instruction. • Develops and monitors implementation of the School Safety Program Operational Plan and meets with the officer on a regular schedule. Completes an officer performance assessment once per semester and shares the information with the officer's supervisor including discussion of successes and concerns. • Ensures a successful partnership with law enforcement or juvenile probation partners through ongoing proactive and positive communication. • Meets with the officer's supervisor at least once per semester. Monitors the officer's activity logs to ensure progress is made toward achieving program requirements. • Attends annual training provided by the Arizona Department of Education. • Develops a collaborative relationship with the officer while allowing the officer to function independently. The officer serves as a resource to the students and staff. 0 Understands and agrees with all program guidelines. • Participates in the selection process of their officer. • Provides for the annual evaluation of the School Safety Program. Officers may only serve the sites) specified on the award letter. The officer should only assist at a school that is not on the program if a crisis occurs. Spreading the officer among schools weakens the program, as the officer does not have the time to build the relationship with the students needed for an effective program. An officer providing services at a school not authorized by the School Safety Oversight Committee may result in a loss of the grant. 2 Regular Council Meeting - August 5, 2014 - Page 60 of 211 Supports and communicates information about the School Safety Program in their classrooms to students and parents. 0 Understands and agrees to the program guidelines. • Teams with the officer in planning and delivery of law - related education units in their classroom. A teacher must be present in the classroom at all times during LRE instruction. 0 Cooperates in the annual evaluation of the School Safety Program. 3 Regular Council Meeting - August 5, 2014 - Page 61 of 211 SUPERVISOR OF SCHOOL RESOURCE OFFICER OR JUVENILE PROBATION OFFICER ROLE IN THE SCHOOL SAFETY PROGRAM The supervisor's support of the School Safety Program is vital to the success of the program. The supervisor performs the following duties: Communicates to staff, and carries out the philosophy and goal of the School Safety Program. • Attends required training provided by the Arizona Department of Education. • Provides written information on the philosophy and operation of the School Safety Program to appropriate supervisory /management personnel. • Ensures the SRO /JPO officer is able to meet all grant requirements. 0 Conducts on -going visits to sites under their supervision. • Attempts to observe established, successful School Safety Programs outside their supervision. • Plays a key role in the development, review, and revision of the Service Agreement. • Ensures the officer keeps an activity log that tracks LRE instruction hours, teacher and subject, the topic of each LRE lesson, and the time the officer is off their assigned campus during their duty hours, regardless of the reason. Refer to instructions on page 19. • Amends or supplements evaluation forms to include performance criteria specific to the school officer's role. • Accepts officer assessment forms completed by the school administrator and meets to discuss successes and concerns. • Motivates officer and provides positive reinforcement. • Ensures officer continuity over the three year grant cycle, to the best of their ability. • Meets with the school administrator at least once per semester. It may be necessary to request the assistance of the SRO /JPO e.g. a community situation/problem, traffic accident. When the officer is off campus, on business that does not pertain to the school, those hours should be prorated and not paid for by the school. The invoice from the department should reflect only hours the officer actually was involved in school business. 4 Regular Council Meeting - August 5, 2014 - Page 62 of 211 LEGISLATIVE OVERSIGHT COMMITTEE ROLE IN THE SCHOOL SAFETY PROGRAM ARS 15 -153 establishes the School Safety Program Legislative Oversight Committee. The Committee performs the following duties: • Reviews applications for participation in the School Safety Program. • Awards funds based on grant criteria. • Determines the amount of the grants based on the application and budget restrictions. • Modifies, if necessary, the number of sites a school resource officer or probation officer may serve based on the size and needs of the school. • Withdraws a grant from a school if the school is not in compliance with the grant and corrective action is not followed. • Reviews the program evaluation and implements changes to improve the program. • Approves the policies and procedures for the implementation of the grant. • Forms subcommittees as needed. • Reports annually to the President of the Senate, the Speaker of the House of Representatives, the Governor, and the Joint Legislative Audit Committee. 61 Regular Council Meeting - August 5, 2014 - Page 63 of 211 DEPARTMENT OF EDUCATION ROLE IN THE SCHOOL SAFETY PROGRAM ARS 15 -154 directs the Arizona Department of Education (ADE) to manage the School Safety Grant. ADE conducts the following duties: • Provides the application to each district and charter holder. • Prepares the applications for review by the Oversight Committee to determine awards. • Announces awards to districts and charters. • Distributes the grant payments to the awardees. 0 Conducts site visits. • Monitors sites for compliance with the grant. • Logs completion reports, due September 30 for the previous program year. 0 Collects money not spent by grantees at the end of the program year. • Withholds payment to grantees that have not returned money due. • Provides technical assistance. 0 Conducts a program evaluation as specified by ARS 15 -153. 0 Monitors the training contract. • Facilitates the working group subcommittee and other subcommittees as assigned by the School Safety Oversight Committee • Accepts complaints and acts as a liaison with the grantees and law enforcement /probation department to resolve problems. Regular Council Meeting - August 5, 2014 - Page 64 of 211 ARIZONA FOUNDATION FOR LEGAL SERVICES AND EDUCATION ROLE IN THE SCHOOL SAFETY PROGRAM The Arizona Foundation for Legal Services and Education (AZFLSE), under contract with the Arizona Department of Education, conducts the statewide Law - Related Education (LRE) Academy. The Academy offers School Safety Officers quality LRE training and teaching materials. To accomplish these objectives, the Foundation: Utilizes nationally recognized law - related education experts as faculty for the Academy. • Develops a tracking system to track Academy hours of each school safety officer. • Integrates the use of technology into training classes. Creates a School Safety Listsery to disseminate information and encourage networking opportunities. 0 Secures education credits for officers who attend and complete the Academy. • Provides Certificates of Completion for Academies. • Provides ongoing consultation and technical assistance with regard to implementing and teaching law - related education, within budget limitations. • Visits schools to observe law - related education teaching and provide feedback, within budget limitations. • Provides quantitative and qualitative data to Arizona Department of Education. • Provides financial mid -year and year -end reporting to Arizona Department of Education. Conducts periodic surveys of school safety officers to determine changing LRE needs and level of customer satisfaction. Serves as a participating and contributing member of the School Safety Working Group to improve the School Safety Program. 7 Regular Council Meeting - August 5, 2014 - Page 65 of 211 SCHOOL RESOURCE OFFICER (SRO) ROLE IN THE SCHOOL SAFETY PROGRAM The SRO's support of the School Safety Program is vital to the success of the program. SROs are expected to spend most of their time on campus; approximately 80 percent of time should be on site. The SRO has three basic roles: 1. LAW ENFORCEMENT OFFICER/PUBLIC SAFETY SPECIALIST The SRO is, first of all, a sworn law - enforcement officer. When necessary the SRO has the authority to intervene as a law - enforcement officer. Once order is restored, however, the SRO's other roles as law - related educator and role model are the more typical day to day roles. • Administrators should take the lead on school policy violations. The SRO should be involved when a student's conduct violates a law. If possible the SRO should be backup to an arrest rather than the principal officer. • As partners in school safety, SROs and administrators shall work together to develop procedures for ongoing communication to ensure timely and uniform reporting of criminal activities. 0 Serves as a member of the School Safety Assessment and Prevention Team. Utilizes expertise and agency resources for intervention and prevention of potential crime. Collaborates with school personnel on school -wide safety strategies (e.g. staff trainings, emergency response planning, needs assessment, and prevention programming). • Builds relationships with students, parents and staff that promote a positive image of law enforcement. 2. LAW - RELATED EDUCATOR* • Provides a minimum of 180 hours of Law - Related Education (LRE) per year that must include: • At least 80 hours of LRE classroom instruction to ongoing cohort groups of students o Three to five classrooms, six sessions per classroom within one quarter to the same group of students • At least 100 hours of universal LRE instruction 0 60 hours or more of universal LRE classroom instruction o Up to 20 hours for LRE planning and preparation o Up to 20 hours for LRE instruction to school staff and school community LRE does NOT include one -on -one or group counseling. Collaborates with classroom teachers to integrate law - related education into their curriculum. The teacher must be present in the classroom during LRE classroom instruction. E'� Regular Council Meeting - August 5, 2014 - Page 66 of 211 • Attends a new officer training sponsored by the Arizona Department of Education. Upon completion of the new officer training, attends an annual advanced LRE workshop each subsequent grant year. • Follows the best practices of LRE. Refer to pages 27 -28. • Keeps a weekly activity log that tracks LRE instruction hours, teacher and subj ect or staff /community group, the topic of each LRE lesson, and the time the officer is off their assigned campus during their duty hours, regardless of the reason. * SROs funded through this grant are Law - Related Educators, thus may not implement the DARE or GREA T program. 3. POSITIVE ROLE MODEL As a positive role model for students and the school community, the SRO should: Set limits by being clear about what is acceptable and what is not; letting students know the consequences of unacceptable behavior and the rewards of acceptable behavior. Set an example by modeling how to handle stress, resolve conflicts, celebrate successes, and how to be a friend. • Be honest by providing accurate information. • Be consistent with students, staff, and parents; in applying rules and regulations. • Encourage responsibility_ by helping students think through options and consequences of decisions, set personal goals, and develop plan to make desired changes. 0 Show respect by treating students with respect and expressing high expectations for them. • Always strive to be a positive role model because students learn from every observation of or interaction with the SRO. Exceptions may occur on the Native American reservations. "Positive Role Model" adapted from The Successful School Resource Officer Program by Anne J. Atkinson, Ph.D. Z Regular Council Meeting - August 5, 2014 - Page 67 of 211 JUVENILE PROBATION OFFICER ROLE IN THE SCHOOL SAFETY PROGRAM The juvenile probation officer's support of the School Safety Program is vital to the program's success. JPO are expected to spend most of their time on campus; approximately 90 percent of time should be on site. The Juvenile Probation Officer (JPO) has three basic roles: 1. COURT OFFICER The JPO is, first of all, a sworn court appointed officer and when necessary must act in that function. • Provides the court with school information that can be instrumental in the determination if a juvenile is to be detained or returned to the community. Networks with other agencies that may or do serve the school community in an effort to meet the needs of the students and school. • Maintains a working knowledge of services available within the court system and community to meet the needs of the students and school. 0 Supports and contributes to the Juvenile Probation Department, school, and community. 0 Serves as a member of the School Safety Assessment and Prevention Team. Utilizes expertise and agency resources for intervention and prevention of potential crime. Collaborates with school personnel on school -wide safety strategies (e.g. staff trainings, emergency response planning, needs assessment, and prevention programming. • Builds a relationship with students, parents and staff that promote a positive image of the juvenile court system. The JPO should not carry a caseload. If it becomes necessary to take on a caseload, it is recommended that the least number of cases be assigned as possible. Only cases at the officer's site(s) can be assigned. A full caseload should never be carried. 2. LAW - RELATED EDUCATOR • Provides a minimum of 180 hours of Law - Related Education (LRE) per year that must include: ■ At least 80 hours of LRE classroom instruction to ongoing cohort groups of students o Three to five classrooms, six sessions per classroom within one quarter to the same group of students ■ At least 100 hours of universal LRE instruction 0 60 hours or more of universal LRE classroom instruction o Up to 20 hours for LRE planning and preparation o Up to 20 hours for LRE instruction to school staff and school community 10 Regular Council Meeting - August 5, 2014 - Page 68 of 211 LRE does NOT include one -on -one or group counseling. Collaborates with classroom teachers to integrate law - related education into their curriculum. The teacher must be present in the classroom during LRE classroom instruction. • Attends a new officer training sponsored by the Arizona Department of Education. Upon completion of the new officer training, attends an annual advanced LRE workshop each subsequent grant year. • Follows the best practices of LRE. Refer to pages 27 -28. • Keeps a weekly activity log that tracks LRE instruction hours, teacher and subj ect or staff /community group, the topic of each LRE lesson, and the time the officer is off their assigned campus during their duty hours, regardless of the reason. 3. POSITIVE ROLE MODEL As a positive role model for students and the school community, the JPO should: Set limits by being clear about what is acceptable and what is not; letting students know the consequences of unacceptable behavior and the rewards of acceptable behavior. Set an example by modeling how to handle stress, resolve conflicts, celebrate successes, and how to be a friend. • Be honest by providing accurate information. • Be consistent with students, staff, and parents; in applying rules and regulations. • Encourage responsibility by helping students think through options and consequences of decisions, set personal goals, and develop plan to make desired changes. 0 Show respect by treating students with respect and expressing high expectations for them. • Always strive to be a positive role model because students learn from every observation of or interaction with the JPO. Exceptions may occur on the Native American reservations. "Positive Role Model" adapted from The Successful School Resource Officer Program by Anne J. Atkinson, Ph.D. 11 Regular Council Meeting - August 5, 2014 - Page 69 of 211 RECOMMENDED QUALIFICATIONS /JOB DESCRIPTION SCHOOL RESOURCE OFFICER SROs are expected to spend most of their time on campus; approximately 80 percent of time should be on site. Recommended Qualifications • Desire to work with students, educators, and parents • Willingness to teach law - related education • Supportive of prevention strategies • Satisfactory employment history with supporting documentation • Demonstrated effectiveness in working with youth • Oral and written communication skills • Ability to effectively interact and communicate with diverse sets of individuals • Supportive of the philosophy of the School Safety Program • Willingness to serve on the School Safety Assessment and Prevention Team • Willingness to attend law - related education training to implement and maintain LRE programs to meet the needs of the students • Member of a law enforcement agency • AZPOST certified general instructor* * May be different on Native American reservations, contact the Arizona Department of Education, School Safety Grant manager for additional information. Recommended Job Description • Establish liaison with school administrators, staff, students, and parents • Inform students of their rights and responsibilities as lawful citizens through presentation of law - related education in the classroom • Network with community agencies that may or do provide services to the school • Act as a resource in the investigation of school related criminal activities • Participate in the Parent - Teacher association as requested • Participate in campus activities, student organizations, and athletic events when feasible and appropriate • Provided a visible deterrence to crime while presenting a positive impression of a law enforcement officer • Provide information when requested to students, parents, and staff in law - related situations • 10 11 or 12 month, full -time, 40 hour a week job assignment as specified by school's grant application • Minimum three year assignment at the same school, in conjunction with the School Safety Program grant cycle. • Maintain tracking system of statistical information required by supervisor and school administration 12 Regular Council Meeting - August 5, 2014 - Page 70 of 211 RECOMMENDED QUALIFICATIONS /JOB DESCRIPTION JUVENILE PROBATION OFFICER Juvenile probation officers assigned to a school on a School Safety Grant shall not carry a full caseload. Officers shall handle only those intake cases that are directly related to the School Safety Program and /or student volunteers. JPO are expected to spend most of their time on campus; approximately 90 percent of time should be on site. If it is necessary to carry cases due to staffing problems, it is strongly recommended that only a minimum number be assigned. Recommended Qualifications • Desire to work with students, educators, and parents • Willingness to teach law - related education • Satisfactory employment history with supporting documentation • Demonstrated effectiveness in working with youth • Ability to act as a liaison with the school in the area of prevention and intervention of juvenile delinquency • Supportive of the philosophy of the School Safety Program • Willingness to serve on the School Safety Assessment and Prevention Team • Willingness to attend law - related education training to implement and maintain LRE programs to meet the needs of the students • Ability to effectively interact and communicate with diverse sets of individuals • Possess the knowledge of court process and communicate information to students, parents, and staff as requested • Employee of a juvenile probation department Recommended Job Description • Serve as a liaison between the school and supervising probation officer (JPO), providing information to the JPO as requested • Keeps a record of student contacts for personal and supervising JPO use only • Inform students of their rights and responsibilities as lawful citizens through presentation of law - related education in the classroom • Provide assistance to the school administration identifying at -risk students for intervention/prevention services as needed • Collaborate with school administrators to make decisions and bring about actions that effect the safety of individuals and the school environment • Network with community agencies that may or do provide services to the school • Meets with students to resolve conflicts • Refer students to outside agencies that could provide services as needed • Implement and maintain tracking system of statistical information required by supervisor and school administration • Monitor compliance and non - compliance of students involved with the juvenile court system • Participate in the Parent - Teacher Association or Organization as requested • Participate in campus activities, student organizations, and athletic events when feasible and appropriate • 10 11 or 12 month, full -time, 40 hour a week job assignment as specified by school's grant • Minimum three year assignment at the same school, in conjunction with the School Safety Program grant cycle. 13 Regular Council Meeting - August 5, 2014 - Page 71 of 211 SCHOOL SAFETY ASSESSMENT AND PREVENTION TEAM The formation and implementation of a School Safety Assessment and Prevention Team is a requirement of the School Safety Program. The purpose of this team is to conduct a safety needs assessment, to use the needs assessment data on an on -going basis to determine the use of the officer consistent with program requirements, to coordinate efforts of this program with other safety and prevention programs and activities to achieve greater effectiveness, and to make recommendations for continuous improvement of the program. A team may be formed specifically to meet this requirement, or an existing appropriate team may be utilized A needs assessment is the collection and analysis of relevant and valid data to determine areas of need related to safety. The following data should be considered by the team: School safety and disciplinary data, including incidents collected through AZ SAFE. This information is most useful when assessed by location on campus, at off campus school events, or on the way to and from school and by time of day. • Student data reflecting behavior or perceptions of safety at school, from surveys such as the Arizona Youth Survey or the Youth Risk Behavior Survey, or a sound survey with valid data developed by the school or district • Staff data reflecting perceptions of school climate • Crime data for the community The team membership must consist of: • School principal or assistant principal • School Safety Program officer • School prevention coordinator or school mental /behavioral health expert, or similar role • Other members as needed Other members recommended for inclusion on the team are: • District prevention coordinator • District transportation representative • Teacher representative • Parent representative The team is required to meet at a minimum on a quarterly basis. Monthly meetings are recommended. At each meeting the team should review needs assessment data and the operational plan, make appropriate revisions to the operational plan based on the needs assessment, discuss completed and upcoming activities and milestones, and identify the person(s) responsible for ensuring the activities are achieved. An SSAPT sample agenda is included on page 33 as a resource. 14 Regular Council Meeting - August 5, 2014 - Page 72 of 211 LAW - RELATED EDUCATION INSTRUCTION Each officer must complete at least 180 hours of (LRE) instruction per year. The development and implementation of LRE must be based on a needs assessment. The 180 hour LRE instruction requirement must include: • At least 80 hours of LRE classroom instruction to ongoing cohort groups of students o Three to five classrooms, six sessions per classroom within one quarter to the same group of students • At least 100 hours of universal LRE instruction 0 60 hours or more of universal LRE classroom instruction o Up to 20 hours for LRE planning and preparation o Up to 20 hours for LRE instruction to school staff and school community Cohort LRE: is the delivery of LRE classroom instruction on a pre - identified `target problem' to a pre - identified `target population' over a period of time. Cohort LRE must be comprised of six hours of instruction (6 lessons) to the same group of students within one quarter. Delivery of comprehensive LRE classroom instruction to an ongoing cohort group of students can increase students' negative perception of delinquent behavior and improve their problem solving, decision making, and communication skills. Universal LRE: is the delivery of LRE instruction to the general school community to build awareness and knowledge of a particular subject. Officers may utilize up to 20 hours of this requirement for planning and preparing LRE lesson plans for either group. In addition, up to 20 hours may be used to deliver LRE instruction to school staff and the school community (e.g. parents, PTA/PTO) on a particular subject that is relevant to the schools violence and delinquency prevention needs. Classroom instruction: The LRE classroom instruction component should be completed during the school day's regular scheduled instruction periods. However, the building administrator has the discretion to approve the use of time spent before or after school on structured law - related instructional activities. 15 Regular Council Meeting - August 5, 2014 - Page 73 of 211 z a a a oa H� ww Oq O� U F GY, W H �z a 0 0 x U 4� ct �.., clt 4� ct ^� Tci Ct � O ' c 14 ct ct o - Ct V' rA 0 � bA 0 0 • O = U 7 a� .rA o ; -o mi l 0 ct ct • c • ,__, ct ,� • ,� ct o� � CIO H by O U O N �+ O ct ct O •� O ( !� � � •� ct � P--� bb Z by (` � �,(/1 . ,� C/� Q� V • T fV i 1 �/ (\� . �l ^V/�1 y1 { ,0 Q �� N •� C� •✓ ? Es �, •� .O O •� r b bb � { O bb • ,� O Q U '� O "'z '� 4-4 ct O _U U ; :� �>-, 0O O O OO O ct * bb � U '� �' O O bA b ct r �1 r r c { f ^ I f { O O � � e bb � �..� ct 0 0 ° Q � ct c ct Q Q o C) o O U 0 i f O { ^� { { O ^ { cn { .� ct c ct . V5 o o O U { O � � U U { con O OFFICER TRAINING New Officer Training All officers new to the School Safety Program are required to attend an in -depth training which covers community oriented policing, the role of school based officers, and an introduction to Law Related Education (LRE). This training, sponsored by the Arizona Department of Education (ADE), meets the School Safety Program LRE training requirement. School Safety Program Law - Related Education Training The Arizona Foundation for Legal Services and Education (AZFLSE) is the contracted training agency for law - related education (LRE). Training in LRE is essential to successfully achieve the LRE teaching requirement. Academies are approved for credit by the Arizona Peace Officers Standards and Training Board (AZPOST) and the Arizona Judicial Council (COJET). Officers are required to attend an LRE Academy training provided by the AZFLSE, annually. LRE Academy courses address grade level specific topics and programs identified by officers as critical to meeting the learning needs of diverse student populations. Courses are relevant to the needs of schools with topics updated on an annual basis. The School Safety Program provides each officer with travel funds to cover travel expenses for one training per year. Officers receive a curriculum and resource package at each training. Additional School Safet gram Training The ADE provides continuous School Safety related training and professional development opportunities to program participants. Updates will be provided through correspondence from ADE to grant recipients and program partners. 17 Regular Council Meeting - August 5, 2014 - Page 75 of 211 WHEN SCHOOL IS NOT IN SESSION: SUMMER BREAK AND INTERSESSION The School Safety Grant is awarded for a typical 10 month school year. The site administrator, officer, and police /probation department have the option of extending services for 12 months - when school is not in session. This may include intersession and summer break. Applications should reflect a 10 month salary unless the 11 or 12 month salary is specifically referenced and supported on the application. To maintain the integrity of the program, teachers and students are present on campus during intersession or summer break. Terms of an 11 or 12 month position shall be established on the application as well as the Service Agreement. Possible Activities • Plan school security improvements • Prepare law - related education lessons • Develop collaborations with community resources, identifying services offered that could benefit students • Conduct school safety assessments • Work with the school safety team to review and update the school safety plan, and conduct school wide exercises to test the plan • Plan in- service training • Collaborate with school administration to analyze criminal incident reports and disciplinary records to identify patterns and develop strategies to address problems • Work with community -based and youth recreational and leadership development activities that complement and reinforce the School Safety Program • Attend training opportunities 18 Regular Council Meeting - August 5, 2014 - Page 76 of 211 WEEKLY ACTIVITY LOG Officers must complete a weekly activity log that tracks LRE instruction hours, teacher and subject, the topic of each LRE lesson, and the time the officer is off their assigned campus during their duty hours, regardless of the reason. The following information is required for grant compliance: • Total hours of Universal LRE classroom instruction • Total hours of Cohort LRE classroom instruction • Teacher /subject or staff /community group • Total hours for planning and preparation • Total time spent off campus* • Time spent per LRE lesson • LRE topic taught for each class • Total hours for staff and school community training Officers may develop their own log that tracks required items or may use ADE's recommended activity log, which can be downloaded from http: / /www.azed.gov /prevention - programs /school- safety- program/. The activity log shall be shared with the site administrator and supervisor and must be available upon ADE's request. The data from the logs shall be used for reporting to ADE. For form and instruction page, refer to pages 31 -32. *Time off campus is any time the officer is not on school grounds during their duty hours. Off campus time shall include both school and non - school related events. Being off campus is not necessarily considered inappropriate; it is understood that there will be activities that constitute an officer being away from school, e.g., briefings, picking up police car, mandatory trainings, and field trips. 19 Regular Council Meeting - August 5, 2014 - Page 77 of 211 THE PERFORMANCE EVALUATION A biannual performance evaluation shall be conducted by a school administrator and shared with the officer's supervisor. The evaluation is meant to assist the officer and his /her supervisor in meeting the intent of the grant and effectively carrying out their duties. It is not meant to supplant the official evaluation process used by the officer's department or agency. It is at the discretion of the law enforcement agency or probation department to include the school's evaluation in the officer's official folder. Only officers who have performed in a satisfactory manner should be considered for further service in the School Safety Program. Recommended Factors to Consider • Does the officer have a clear sense of his /her role? • Does the officer understand the operational policies and procedures of the school necessary to perform effectively in the position? • Has the officer attended or scheduled to take a law - related education class in the current year? • How does the officer relate to staff, students, and parents? • Does the officer work well independently? • Has the officer attempted to meet the requirements of the grant? • Does the officer perform his /her duties effectively? • How effective is the officer with classroom presentations? Refer to sample SRO /JPO Performance Assessment form on page 30. Informal evaluations that provide the officer and supervisor with feedback regarding the officer's performance should occur frequently. If a problem occurs, it should first be addressed at the site level between the officer and administration. If a resolution is not reached, the grievance should then move through the process as established by the officer's department and school's policy. The problem should attempt to be resolved at a level nearest the school as possible. 20 Regular Council Meeting - August 5, 2014 - Page 78 of 211 THE HIRING PROCESS Selecting the right officer is one of the most important aspects of making the School Safety Program successful. A minimum of a three -year assignment at the same school(s), in conjunction with the School Safety Program grant cycle, is recommended. Under no situation, can a site have more than three officers in a three year grant cycle. The effectiveness and continuity of the officer significantly contributes to the quality of the program. The selection process should identify officers who are best suited to the work as school resource officer or juvenile probation officer. That officer should be committed to the goals of the School Safety Grant. Because the School Safety Program is a partnership between the school and law enforcement /probation department, involving the school administration in the selection process is necessary. After the final candidates have been selected by the department /agency, a school administrator becomes a part of the selection. It is important that the school becomes involved because: • The school administrator brings to the selection the needs of the school. • The school administrator brings to the selection the type of personality that will work best in a specific school environment. • The school administrator brings to the selection process insights into what is required to be effective in the school community. • The correct applicant is more likely to be selected with the school's involvement. • There is more of a buy -in from the school to successfully integrate the officer into the school community when they have been part of the selection process. • The school administration brings to the selection process a critical understanding of the School Safety Program. In situations when only one officer is available for the position, the school still should have the opportunity to review the candidate before the decision is made. Candidates should meet the minimum qualifications recommended in this guidance to ensure an effective collaboration between the school, officer, and agency. Exceptions may occur. Under mitigating circumstances and with the Arizona Department of Education grant manager's approval, the position may be filled through an alternative option. 21 Regular Council Meeting - August 5, 2014 - Page 79 of 211 SERVICE AGREEMENT Developing the Partnership The development of a Service Agreement is mandatory. This essential document is an important step toward implementing a successful School Safety Program. The document shall be completed annually, within 30 days of when the officer begins work at the school. The agreement shall be kept on file at each funded site for review during a site visit conducted by the Arizona Department of Education. 1. Service Agreement (SA) The SA is a general term for a contract that is developed jointly and agreed upon by the district /charter, site administrator, and law enforcement or probation department. This written agreement outlines the purpose of the partnership and the fundamental responsibilities of each entity. The terms set forth in the SA shall be in accordance with the established guidelines of the School Safety Program. The SA shall contain a statement that: • The SRO /JPO shall fulfill their duties as a sworn law enforcement officer for the State of Arizona. No district /charter /or site administrator shall interfere with the duties of the SRO /JPO as a sworn law enforcement officer. • The district or charter and partnering law enforcement agency shall define a dispute resolution process. • All entities shall accept the School Safety Program guidelines. • The roles and responsibilities of all entities shall be accepted as established by the School Safety Program guidelines. • The SA shall also reference the following School Safety Program guidelines: ➢ SRO Recommended Qualifications and Recommended Job Description ➢ JPO Recommended Qualifications and Recommended Job Description ➢ The Hiring Process ➢ Officer Training ➢ 10 or 12 Month Position ➢ Summer /Intersession Activities ➢ The Appeal Procedure ➢ Performance Evaluation • The district shall pay within 30 days of receipt of the invoice from the law enforcement or juvenile probation department. • The district shall pay late fees as established between the district and law enforcement /probation department and denoted in the SA. Late fees shall not be paid from School Safety Grant funds. 22 Regular Council Meeting - August 5, 2014 - Page 80 of 211 • The district, charter, or school shall provide office space that provides privacy for the SRO /JPO to conduct confidential business. The office shall include the necessary equipment for an officer to effectively perform their duties, i.e. telephone, desk, chair, filing cabinet, up- to -date computer and printer as provided in the grant. • The administration shall provide a complete copy of the grant application and award to each officer by July 31 or as soon as the officer begins service at the site(s). • Administrators shall send officers annually to School Safety Program required trainings and provide for all related travel expenses as provided in the grant. • Officers, administrators, law enforcement and juvenile probation departments shall have a written document describing the general chain of command and channels of communication. • The term of the SA and the schedule for updating and renewing the agreement shall be specified. The SA shall be signed and dated by the Superintendent, site administrators, and law enforcement agency and /or probation department. Amore comprehensive SA contains the above items in addition to any or all of the following: • Assignment of SRO /JPO • Conditions of employment • Duty hours • Duties of SRO /JPO • Training /briefing • Dress code • Supplies and equipment • Policy /procedure for transporting students • Operating procedures (SOP) • Requirements for reporting crimes and threats to police as required by A.R.S. 13 -2911 and 15 -341 • Arrest procedures for school - related crimes and crimes committed off campus • Procedure for handling critical incidents • Access to education records • Specific items to the district and law enforcement /probation department 23 Regular Council Meeting - August 5, 2014 - Page 81 of 211 THE APPEAL PROCEDURE Who May File an Appeal: A school /district or charter who has been denied award or renewal of their School Safety Grant. Definition of an Appeal: A request for a hearing by the School Safety Oversight Committee must be a written, signed, and dated statement by the site administrator and the superintendent. The appeal must state a valid basis for protest and include a detailed statement of the factual grounds on which it is based. Request for Hearing: A hearing request must be sent by certified mail to: Arizona Department of Education, Student Services, 1535 W. Jefferson, Phoenix, AZ, Attn; School Safety Program Administrator. The complainant shall request the hearing within 30 days from date of the grant denial letter. For purposes of this process, the date of the letter is the postmarked date the denial was sent. All renewal denial letters shall be mailed certified mail. Hearing Panel: When a hearing is requested, the School Safety Oversight Co- chairs will appoint a hearing panel between 3 -5 members from the membership of the Oversight Committee who were not part of the application review sub - committee. Schedule of Hearing: A hearing shall be scheduled before the appeal panel within 30 days of the receipt of the request. The Co- chairs shall give at least 10 days working days notice of the hearing date and location to the complainant. The parties may submit written materials no later than five working days prior to the hearing. Hearing Process: At the hearing the parties may present written documentation and witnesses. The length and order of the presentation may be determined by the appeals panel chairperson. The chairperson may request additional evidence through testimony of witnesses or written materials. If the complainant or authorized representative fails to appear at the designated time, place, and date of the hearing, the appeal shall be considered closed and the process terminated. Decision: No later than five working days after the hearing, the appeals panel shall forward to the superintendent /charter holder its final decision. 24 Regular Council Meeting - August 5, 2014 - Page 82 of 211 WHAT IS LAW- RELATED EDUCATION? What is the Definition of Law - Related Education? Law - Related Education is the teaching of rules, laws, and the legal system that actively involves students to prepare them for responsible citizenship. It also provides instructions in legal rights, responsibilities, and the role of the citizen and requires students to practice the application of LRE in potential real -life situations. (Adopted by the Arizona Center for Law - Related Education from the Virginia Institute for Law and Citizenship Studies.) Why Law - Related Education? Law - Related Education is required as a component of the School Safety Program, because it • promotes problem- solving skills, • actively involves students, teachers and the community, • increases students' knowledge of the law, making them better informed citizens and consumers, • discourages delinquent behavior, • promotes positive self -image in students, and • encourages students to respect rules, laws, and persons in authority when exposed to a "balanced" view of "democratic" society. Since law - related education (LRE) is being recommended as a violence prevention strategy, then it is important to have some common notion of what law - related education is and what it encompasses. LRE is instruction about rules, laws, and the legal system that actively involves students in the instruction in order to prepare them for responsible citizenship. (Definition developed by the Virginia Institute for Law and Citizenship Studies) It is instruction that teaches the legal rights, responsibilities, and role of the citizen. Students practice application of that teaching to potential real -life situations. The approach consists of high- interest content and interactive instructional strategies. This type of instruction provides students at all levels the following opportunities: • to explore and reflect on theirs and others' perspectives, • to express and defend their views, to listen to the views of others, • to develop arguments for both sides of an issue, to mediate, and • to formulate decisions and resolutions based on multiple and often conflicting concerns. In primary grades, students might consider a rule they don't like, explore why it was made, examine, the consequence for breaking it, and discover who acts as judge when the rule is broken. They might evaluate existing or hypothetical rules to determine whether or not they are clear, consistent, fair, and enforceable. They could listen to and analyze rules in stories, and they could create and enforce their own set of classroom rules. Intermediate students might role play a law officer encountering a criminal dilemma. They might work in cooperative groups to offer solutions to problems that arise when a law is too general or vague. Older students might use the case study method of analysis to examine legal conflicts throughout history. Information from this exercise could then apply this information to current dilemmas. Simulations of trials, known as mock trials or moot court, legislative hearings, constitutional conventions, police procedures, role playing, conflict resolution, mediation, formal and informal debate, cooperative group problem- solving, outside speakers, from the legal community typify LRE classes al all levels. 25 Regular Council Meeting - August 5, 2014 - Page 83 of 211 Since rules and laws affect all aspects of life, all subject areas, and all ages, the content of LRE can be as varied as the students and teacher need it to be. The methods, however, are characteristically open -ended and participatory in nature. Although some LRE instructional materials have been written for specific topics or age groups, there is no one way to teach LRE and no set LRE curriculum. As previously described, LRE offers application possibilities at all grade levels as well as in many subject areas. It is most commonly used in social studies to promote civic understanding. However, it regularly incorporates the use of reading, writing, and speaking skills. It has the potential for application in literature, math, science, technology, foreign language, physical education, sports, and other subject areas. It need not be limited to a particular grade, subject, or time frame. The LRE approach to instruction is flexible enough to be applied as a system -wide, on -going prevention strategy, and an added benefit of such a strategy is the increased likelihood that students will better understand the rules, laws, and legal processes that govern their lives. One of the cornerstones of LRE is the use of an outside resource: school safety officers, attorneys, and other legal professionals. These resource people visit classrooms regularly, provide insight into how and why the system operates the way it does, and develops on -going positive, non - adversarial relationships with students in the class. Though typically not individualized as in mentoring, these relationships often hold meaning for the students and provide an opportunity for them to develop bonds or attachment with representatives of "the system ". Another feature of LRE is its relevance. It deals with issues that are meaningful to students and their views are valued. LRE provides students the opportunity to get involve and participate. The crux of LRE is problem solving, both as apart of a group process and on an individual basis. Social conflict lies at the heart of legal issues. Therefore, all LRE is some form of conflict resolution or problem solving. The regular inclusion of LRE- in the course of instruction will provide steady opportunities to develop and practice the information processing steps that must be developed in aggressive students if they are to acquire non - aggressive social problem solving skills. Further, the conflicts that characteristically surround rules and laws offer good practice in content which is hypothetical in nature yet directly related to students' lives. (See figure 1) While not a panacea for violence prevention, LRE offers a promising strategy for schools to implement as part of their overall prevention plan. If that plan includes closer work with parents and the community, LRE might also be incorporated into after - school programs, community center programs for children and adolescents, and parent programs. In this way the approach lends itself to a close interface with home and community. Modified from "Law- Related Education and Violence Prevention: Making the Connection" By: Robin Haskell McBee 26 Regular Council Meeting - August 5, 2014 - Page 84 of 211 BEST PRACTICES: GUIDELINES FOR EFFECTIVE LAW RELATED EDUCATION 1. Sessions should utilize law - related content • Civil, criminal, and constitutional themes • Practical information about the law and public policy • Concepts underlying a constitutional democracy • Student rights and responsibilities • Choices and legal consequences (not moral consequences) • Citizenship • Use of Power and authority • Justice • Liberty • Civil Rights • Equality • Illegal Drug Use • Drinking and Driving 2. Law - related education provides practice for skill development • Critical Thinking • Decision - Making • Problem Solving • Communication • Cooperation & Participation • Managing conflict • Reasoning 3. Instructors present multiple points of view or perspective • Balanced view of the judicial system & other aspects of the political system • Controversial issues should be discussed often to motivate student interest and broaden understanding and tolerance • Allow for a safe voicing of viewpoints • Debate and free flow of ideas are crucial elements of effective civic participation • Many times there is no one correct answer 4. A sufficient quantity of instruction is provided • Students should have ample opportunities to practice skills and gain confidence in defending their points of view, making presentations, etc. • Look for opportunities for classroom teachers to continue teaching LRE • Connect your involvement in the classroom to larger learning goals • Try to avoid making officer's involvement in isolated subjects (ex: LRE can be taught not only in Social Studies or Government, but in Health, English, Math, etc...) • Seek opportunities to teach many sessions with one class (minimally, a semester long) 5. Interactive teaching strategies • Strategies that foster true student -to- student interaction (are the heart of the session) • Role Plays • Simulations (Mock Trials, Moot Courts, model legislatures) • Group Work Activities • Group Research Projects • Community -based learning (including service learning, lobbying, mentoring) 27 Regular Council Meeting - August 5, 2014 - Page 85 of 211 • Sharing outcomes with students • Drawing on their existing knowledge Giving them appropriate time to answer questions • Involving as many students as possible in all aspects of the class 6. Opportunities for students to interact with Community Resource People (CRP) • CRPs offer expertise in areas that you are less familiar with, connects you to new community resources and ensure that your learning time is dynamic and continually fresh • The community resource person is well prepared and integrated into the interactive session • Content presented by the CRP is part of the course content • Allow students sufficient contact with community resource people in order to bond • Bonding takes place when students develop positive relationships with an adult • Research in LRE indicates that this adult- student bonding is a key to overcoming risk factors • SROs and JPOs are a built in CRP 7. Administrators are actively involved in providing needed support • Officers should feel that the principal and education officials support their endeavors • The administrators must be able to address questions raised by family members, other teachers or the community about Law - Related Education • Involvement of the administrators also can serve to reduce the gap between school policies, rules and ideas about justice that my be generated by a class • Remember that your role is to link to standards and topics covered in a given discipline, not to create a whole new topic • Draw support from administrators and department heads • Inform the school community about the valuable resources you can provide • Solicit feedback on how you can be an asset in the classroom 8. Networks to support teacher /officer innovation are available through joint planning sessions, training sessions and social events • Strengthens teacher /officer commitments to use interactive methods and practical legal information • The involvement of more than one teacher from a site in trainings, helps enhance law - related education • Invite teachers to LRE trainings • Keep them abreast of law - related materials your receive • Alert them to special security concerns at school Sources: Caliber Associates (2002). "The Promise of Law - Related Education and Delinquency Prevention". McKinney-Browning,, Mabel, Ellis, Al, Kaplan, Howard & Johnson, Seva (1995). "Essentials of Law Related Education ". Street Law, Inc. & National Crime Prevention Council (1999). "Community Works: Smart Teens Making Safer Communities ". Street Law, Inc. & Office of Juvenile Justice & Delinquency Prevention (2003) "Street Law for School Resource Officers ". 28 Regular Council Meeting - August 5, 2014 - Page 86 of 211 LRE ACADEMY EXPANDED SERVICES The Arizona Foundation for Legal Services and Education provides the following expanded services to School Safety Officers: • LRE Academy Web page: The Foundation maintains a web page on the Arizona Foundation for Legal Services and Education website at www.azflse.org /Academy , dedicated to serving School Safety Officers. The site will provide up -to -date information about LRE research, links to other LRE related sites, professional development opportunities, publications and articles. 0 Free Materials: School Safety Program Officers can access free publications and materials for their LRE classroom instruction. Materials include: Pocket Constitutions, Constitution Posters, Law for Kids Cards and Posters, Gavel Pencils, Teen Court Starter Kits and When You Turn 18 Brochures. • LRE Technical Online Resources: The Foundation tracks School Safety Program Officers' professional development credit hours on an online database. 29 Regular Council Meeting - August 5, 2014 - Page 87 of 211 SRO /JPO Performance Assessment School Administrator - School Safely Program This assessment is meant to assist the officer and his /her supervisor in meeting the intent of the grant and effectively carrying out their duties. It is not meant to supplant the official review process used by the officer's department or agency. It is at the discretion of the law enforcement agency to include the school's assessment in the officer's official file. Officer : School: Date: School Administrator: Title: Police /Probation Supervisor: Agency /Department: 30 Regular Council Meeting - August 5, 2014 - Page 88 of 211 Shade cate are required # of Time Activity Teacher /Subject or Departmental Recap -111.4te Students Spent (U, C, OC) Staff /Community Group LRE Topic nfill 31 Regular Council Meeting - August 5, 2014 - Page 89 of 211 School Safety Program Officer Weekly Activity Log OFFICER: SRO JPO Week Of: DISTRICT: SCHOOL(S): Law Related Education Instruction Universal (U) Law Related Education Cohort Groups C Time Off Campus (OC) Planning & Preparation Group I Group 3 Total hours Staff & Sch. Community Training Group 2 Group 4 Law Enforcement/ Juvenile Classroom Instruction Probation Activity (optional) Total hours: Total hours: Total hours: Shade cate are required # of Time Activity Teacher /Subject or Departmental Recap -111.4te Students Spent (U, C, OC) Staff /Community Group LRE Topic nfill 31 Regular Council Meeting - August 5, 2014 - Page 89 of 211 School Safety Program Officer Weekly Activity Log Instructions: Law Related Education - Universal Instruction List total hours for the week These three boxes must Law Related Education - Cohort Classroom Instruction List total hours for the week equal the total number of hours listed for time spent Time Off Campus List total hours for the week LRE Universal Classroom Instruction LRE Planning and Preparation LRE School Staff and Community Training List total hours for the week These three boxes must equal the total number List total hours for the week of hours listed for universal LRE Instruction List total hours for the week # of students Time Spent Activity Teacher /Subject or Staff /Community Group LRE Topic Total Total number of students in the class or involved in the contact Total time spent in increments of five minutes; rounding up to the nearest five minute increment. (E.g. 47 minutes of LRE instruction = 50 minutes on the activity log.) List the type of activity or LRE class subject and location if conducted off campus. (These cells will expand to fit as much text as you wish to type) List teacher name and the usual subject taught in that class (e.g. science, social studies...) or Staff /Community Group, List the LRE topic taught (e.g. gangs, We the People etc). Tally the number of Students /Parents and Time Spent columns along the bottom row of the table 32 Regular Council Meeting - August 5, 2014 - Page 90 of 211 SCHOOL SAFETY ASSESSMENT AND PREVENTION TEAM AGENDA Purpose The purpose of this team is to conduct a safety needs assessment, to use the needs assessment data on an on- going basis to determine the use of the officer consistent with program requirements, to coordinate efforts of this program with other safety and prevention programs and activities to achieve greater effectiveness, and to make recommendations for continuous improvement of the program. Leader: Date: Recorder: Members Present: Operational Plan Review (note revisions /completed activities /milestones): Review Previous Action Items: 1. 2. 3. 4. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Lisa Shafer, Community Development Director Strategic Plan Focus Area: Not Applicable Item C 6 Subject: Resolution No. 2014 -069: Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT -14 -2314 Discussion: For the eighth consecutive year, the Town of Marana has been awarded grant funding to participate with the Pima County /Tucson Metro Counter Narcotics Alliance (CNA). Funding for this program comes from the federal Anti -Drug Abuse Act of 1998 and the Office of National Drug Control Policy (ONDCP) Reauthorization Act of 1998. These legislative acts authorized the Director of ONDCP to designate areas within the United States, which exhibit serious drug trafficking problems and harmfully impact other areas of the country as High Intensity Drug Trafficking Areas (HIDTA). The HIDTA Program provides federal resources to those areas the help eliminate or reduce drug trafficking and its harmful consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems transportation, distribution, and chronic use of illegal drugs and money laundering. In Southern Arizona, the HIDTA Program helps improve the effectiveness and efficiency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information sharing, and implementing joint initiatives. These activities are coordinated by the City of Tucson (COT). COT also administers grant funding for the activities. A Marana Police Officer will be tasked to a grant- funded position under the HIDTA Program. The attached grant agreement provides the terms and conditions for the Marana Police Department in the HIDTA Program. Under the grant agreement, the Town of Marana will be reimbursed salary and other employee- related expenses of up to $57,313.00 for services provided in coordination with CNA and funded under the HIDTA Program. The term of the grant agreement is 24 months, from January 1, 2014 to December 31, 2015. No transportation, training, equipment, or other cost reimbursement is allowed under the grant. Financial Impact: The grant funded position is included in the 2014 -2015 budget. The Town is not required to provide match funding under this award. This award funds salary expense for $45,192.00 and employee related expensed at $1 2,121.00. Regular Council Meeting - August 5, 2014 - Page 96 of 211 ATTACHMENTS: Name: Description: Type: D Reso. 2014- 069 approving HIDTA Grant Agreement with COT.doc Reso. 2014 -069 HIDTA Grant Agreement Resolution D CNA- Marana PD- 14.doc HIDTA Grant Agreement HT14 -2314 Exhibit Staff Recommendation: Staff recommends approval of the Grant Agreement with the City of Tucson to receive funds under the High Intensity Drug Trafficking Areas Program. Suggested Motion: I move to adopt Resolution No. 2014 -069; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT -14 -2314. Regular Council Meeting - August 5, 2014 - Page 97 of 211 MARANA RESOLUTION NO, 2014-069 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE CITY OF TUCSON (COT) AND THE TOWN OF MARANA TO RECEIVE FUNDING UNDER COT GRANT NUMBER HT -14- 2314 WHEREAS the Anti -Drug Abuse Act of 1988 and the National Drug Control Policy Reauthorization Act of 1998 authorized the Director of the Office of National Drug Control Policy to designate areas within the United States which exhibit serious drug trafficking problems as High Intensity Drug Trafficking Areas (HIDTA); and WHEREAS the Southern Arizona Counties of Cochise, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, and Yuma are designated target areas under the HIDTA Program; and WHEREAS the HIDTA Program provides federal funding to designated HIDTA areas to help eliminate or reduce drug trafficking and its harmful consequences; and WHEREAS the City of Tucson has been awarded funding to coordinate efforts and administer grants in the Southern Arizona Region on behalf of the Office of National Drug Control Policy under the HIDTA Program; and WHEREAS upon execution of a grant agreement, the City of Tucson will award grant funding to the Town of Marana to reimburse salary and employee - related expenses for a Marana Police Department officer for services provided in coordination with the Pima County /Tucson Metro Counter Narcotics Alliance (CNA) funded under the HIDTA Program between January 1, 2014 and December 31,2015; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this grant agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The grant agreement between the Town of Marana and the City of Tucson attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby authorized and directed to execute it for and on behalf of the Town of Marana. -1- Regular Council Meeting - August 5, 2014 - Page 98 of 211 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 grant agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of August, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney -2- Regular Council Meeting - August 5, 2014 - Page 99 of 211 I N CITY OF TUCSON IV HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT COT Grant Number HT -14 -2314 This Grant Agreement is made this 1 ST day of January 2014 by and between the CITY OF TUCSON hereinafter called " "CITY" and Town of Marana, through Marana Police Department hereinafter called "GRANTEE ". The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11 -951, et seq., and the City of Tucson's Resolution number 21460, having satisfied itself as to the qualification of GRANTEE. Now, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2014 and terminate on December 31, 2015. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CITY. A request for extension must be received by the CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within Office of National Drug Control Policy (ONDCP) guidelines. 2. The GRANTEE agrees that grant funds will be used for the Counter Narcotics Alliance (CNA). 3. The CITY will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub - standard performance as determined by the CITY will constitute non - compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the CITY finds non - compliance, the GRANTEE will receive a written notice that identifies the area of non - compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps that are being taken to correct the problem, the CITY may suspend funding; permanently terminate this Agreement and /or revoke the grant; Any deviation or failure to comply with the purpose and /or conditions of this Agreement without prior written CITY approval may constitute sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the return of all unspent funds, perform an audit of expended funds; and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the parties. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the City of Tucson: City of Tucson Police Department HIDTA FIDUCIARY SECTION 270 S. Stone Tucson, Arizona 85701 Attn: HIDTA Lead Management Analyst Regular Council Meeting - August 5, 2014 - Page 100 of 211 High Intensity Drug Trafficking Area Grant Number HT- 14 -2314 Page 2 B. If to the GRANTEE: Marana Police Department 11555 West Civic Center Drive Marana, AZ 85653 Attn: Town Manager Gilbert Davidson 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee's budget in an initiative or any reprogramming between initiative and /or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and /or the ONDCP in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries $45,192.00 Fringe Benefits $12,121.00 Overtime 0.00 Travel 0.00 Facilities 0.00 Services 0.00 Operating Expenses: Supplies 0.00 Other 0.00 Equipment (listed below) 0.00 TOTAL $57,313.00 See attached for budget detail. 6. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the CITY. No liability shall accrue to the CITY in the event this provision is exercised, and the CITY shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 8. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. Regular Council Meeting - August 5, 2014 - Page 101 of 211 High Intensity Drug Trafficking Area Grant Number HT14 -2314 Page 3 9. The GRANTEE certifies that it will comply with OMB Circular A -102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A -87 Cost Principles for State, Local and Indian Tribal Governments and HIDTA Program Policy & Budget Guidance. Link: OMBCircu/ars http://www.whitehouse.gov/omb/circulars/index.htmI 10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CITY within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and /or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the CITY. All such documents shall be subject to inspection and audit at reasonable times. 12. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment, vehicles, and other items valued at $ 1000 or more at the time of purchase. This also includes lower cost, high -risk items, electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.06 that those using HIDTA funds to purchase equipment must maintain a current inventory of HIDTA - purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and /or the CITY upon request. A 100 - percent physical inventory of HIDTA - purchased equipment must be conducted at least every two years. 13. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A -102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1 -3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMBCircu/ars http://www.whitehouse.ciov/omb/circulars/index.htmI The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the CITY. 14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance. 15. The GRANTEE will comply with the audit requirements of OMB Circular A -133 Audits of States, Local Governments and Non -Profit Organizations and provide the CITY with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circu /arA -133 http: / /www.whitehouse.ciov /omb /circulars /index.html Regular Council Meeting - August 5, 2014 - Page 102 of 211 High Intensity Drug Trafficking Area Grant Number HT 14 -2314 Page 4 16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the CITY through the AZ HIDTA Finance Manager on forms /format provided by the CITY, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 25 July 1 — 31 August 25 February 1 - 29 March 25 August 1 - 31 September 25 March 1 — 30 April 25 September 1 — 30 October 25 October 1 - 31 November 25 April 1 - 30 May 25 November 1 - 30 December 25 May 1 - 31 June 25 December 1 - 31 January 25 June 1 - 30 July 25 More frequent reports may be required for GRANTEES who are considered high risk. 17. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 18. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole- source procurements in excess of $100,000, and provide written notification to the CITY, as indicated in 21 CFR Part 1403.36(d)(4). 19. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http: / /epls.arnet.gov 20. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 21. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 22. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12 -1501 et seq. 23. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration. 24. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the CITY. Regular Council Meeting - August 5, 2014 - Page 103 of 211 High Intensity Drug Trafficking Area Grant Number HT 14 -2314 Page s 25. The GRANTEE (as "Indemnitor ") agrees to indemnify, defend and hold harmless the CITY (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 Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 26. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit " "A ". 27. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 28. The GRANTEE agrees to comply with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41 -1463; and Executive Orders 1999 -4 and 2000 -4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY. Regular Council Meeting - August 5, 2014 - Page 104 of 211 High Intensity Drug Trafficking Area Grant Number HT14 -2314 Page 6 29. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by the GRANTEE. 30. The GRANTEE certifies to comply with the Drug -Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 31. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I -9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005 -30 federal immigration laws by state employers and contractors. 32. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the CITY within ten (10) days in the event that the project official is replaced during the award period. 33. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the CITY. 34. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 35. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 36. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form - LLL, " "Disclosure Form to Report Lobbying" in accordance with its instructions Regular Council Meeting - August 5, 2014 - Page 105 of 211 High Intensity Drug Trafficking Area Grant Number HT 14 -2314 Page 7 37. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38 -511. 38. This Agreement may be cancelled at the CITY's discretion if not returned with authorized signatures to the CITY within 90 days of commencement of the award. 39. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in f u l l force and effect. 40. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA operations. 41. In accordance with A.R.S. §41 -4401, GRANTEE warrants compliance with E- Verify and all federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23 -214A. Regular Council Meeting - August 5, 2014 - Page 106 of 211 High Intensity Drug Trafficking Area Grant Number HT 14 -2314 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Town Manager Printed Name and Title Date Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CITY OF TUCSON: Roberto A. Villasenor, Chief of Police Date City of Tucson Police Department Lisa Judge, Principal Assistant City Attorney Date City of Tucson Police Department Approved as to form Regular Council Meeting - August 5, 2014 - Page 107 of 211 CITY OF TUCSON GRANT AGREEMENT Insurance Requirements ' Exhibit "A" Insurance Requirementsfor Governmental Parties to a Grant Agreement: None. Insurance Requirementsfor Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability — Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products — Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability — Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(ies) is /are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Regular Council Meeting - August 5, 2014 - Page 108 of 211 Exhibit " "A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and /or non -owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor'; (Note that the other governmental entity(ies) is /are also required to be additional insureds) and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease — Each Employee $500,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23 -901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor /Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS The policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Regular Council Meeting - August 5, 2014 - Page 109 of 211 Exhibit " "A" Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non - admitted insurers in the State of Arizona with an " "A.M. Best" rating of not less than A- VII. The City of Tucson in no way warrants that the above - required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson's project /contract number and project description are to be noted on the certificate of insurance. The City of Tucson reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY OF TUCSON'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub - contractor(s) is /are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self - Insurance. If the contractor or sub - contractor(s) is /are a City of Tucson agency, board, commission, or university then none of the above shall apply. Regular Council Meeting - August 5, 2014 - Page 110 of 211 CITY F C 0 TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA HIDTA GRANT AGREEMENT Confidential Funds Certification Exhibit "B" CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: « GrantNumber» Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures, which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund, which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P /I. Such authorization must specify the information to be received, the amount of expenditures, and assumed name of the informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and /or fingerprints of the informant payee should also be maintained. Refer to Informant Files " "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him /her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him /her. Regular Council Meeting - August 5, 2014 - Page 111 of 211 Exhibit " "B" Page 2 5. Receipts for Purchase of Information An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information /evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He /she shall also evaluate the information received in relation to the expense incurred, and add his /her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients /subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve /disapprove), modifications, closure or impact material, and receipts and /or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents, which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Regular Council Meeting - August 5, 2014 - Page 112 of 211 Exhibit " "B" Page 3 INFORMANT FILES 1. Secu rity. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him /her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign -out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record -kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI /State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P /I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Regular Council Meeting - August 5, 2014 - Page 113 of 211 Exhibit " "B" Page 4 2. An informant code book controlled by the supervisor or his /her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant /informant, restricted use /informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him /her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE /PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and /or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and /or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he /she may be paid for his /her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Regular Council Meeting - August 5, 2014 - Page 114 of 211 Exhibit " "B" Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his /her immediate family, movement and /or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he /she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non - officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE /PI /PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE /PI /PS allowance throughout its jurisdiction and delegate authority to approve PE /PI /PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his /her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Regular Council Meeting - August 5, 2014 - Page 115 of 211 Exhibit "B" Page 6 Funds for PE /PI /PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE /PI /PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48 -hour limit on the amount of time funds advanced for PE /PI /PS expenditure may be held outstanding. If it becomes apparent at any point within the 48 -hour period that the expenditure w i l l not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. Regular Council Meeting - August 5, 2014 - Page 116 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council Item C 7 From: Lisa Shafer, Interim Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -070: Relating to the Police Department; approving and authorizing the Safety and Emergency Management Coordinator to execute an AED Donation &Acceptance Agreement with the Gootter Foundation for the purchase of patrol car automated external defibrillators (AED). Discussion: The Town of Marana Police Department applied for and received a grant from the Steven M. Gootter Foundation for six Automated External Defibrillators (AED's). These AED's will be placed in patrol vehicles and will give our officers the ability, in conjunction with their CPR training, to better manage patients until paramedics arrive on scene. The only cost to the Town is the ongoing maintenance costs of the AEDs. The Town currently has AED's located in most Town buildings and the ongoing maintenance is overseen by the Safety and Emergency Management Coordinator. The Gootter Foundation has requested that the Town representative report to them anytime one of the AED's is used. This will help the foundation maintain the statistics on the usefulness of the program. Future funding of the grant program could provide the possibility for the Town to equip more patrol cars with AEDs. Financial Impact: The only financial impact is the ongoing maintenance of the AEDs. ATTACHMENTS: Name: Description: Type: D Reso. 2014- 070 approving donation agreement for AED purchase.doc Reso2014 -070 AED Grant Agreement Resolution 1) Unsigned Agreement.pdf AED Donation &amp; Acceptance Agreement Exhibit Staff Recommendation: Staff recommends approval of the AED Donation &Acceptance Agreement with the Steven M. Gootter Foundation to receive funding for six automated external defibrillators. Suggested Motion: I move to adopt Resolution No. 2014 -070; approving and authorizing the Safety and Emergency Management Coordinator, to execute an AED Donation &Acceptance Agreement with the Gootter Foundation for patrol car automated external defibrillators (AED). Regular Council Meeting - August 5, 2014 - Page 117 of 211 MARANA RESOLUTION NO, 2014-070 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE SAFETY AND EMERGENCY MANAGEMENT COORDINATOR TO EXECUTE AN AED DONATION &ACCEPTANCE AGREEMENT WITH THE GOOTTER FOUNDATION FOR THE PURCHASE OF PATROL CAR AUTOMATED EXTERNAL DEFIBRILLATORS (AED). WHEREAS the Town of Marana is committed to the health and safety of all employees, visi- tors, and citizens; and WHEREAS an Automated External Defibrillator (AED) program allows for lay rescuers (i.e., non - health care professionals) to operate an AED to treat the victim of a sudden cardiac arrest; and WHEREAS the Marana Police Department applied for and received grant funding from the Gootter Foundation for the purchase of AED units to be placed in patrol vehicles; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into an agreement with the Gootter Foundation regarding the grant award. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The agreement between the Town of Marana and the Gootter Foundation, at- tached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town's Safety and Emergency Management Coordinator is hereby authorized to execute it for and on behalf of the Town of Marana. 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 agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of August, 2014. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution 2014 -070 Regular Council Meeting - August 5, 2014 - Page 118 of 211 02/ 26/ 2006 19: 46 5204065146 J BAR LEY PAGE 02/07 AED DONATION & ACCEPTANCE AGREENJENT This AOREEMFNT (the ` A reeme t "), is entered into, effective the date stated below, by and among: Parties: STEVEN M. GOOTTER POUNDATiON, an Arizona non -profit corporation .n "); and. . Y u l l * [Organization Name] The Gootter Foun.d.ation ,agrees to donate money for the purchase of an automated external defibrillator (the ""Donation"), and You agree to accgpt the Donation, under the following terms: I. tier o md Task The Gootter Foundations will send payment for the purchase price of 4 an ED to Jumpstart Medical Equipment and Training LLC, an Arizona li A mited liability company, located. in Tucson, Arizona ( with direction to Jumpstart to directly del the AED to You. 2. _YqpLya Jumpstart wi deliver the AED to You upon Your completion of th e following tasks: a. Attend Train Yo will participate i n Jumpstart's training program, which may include training on the use of the AED, training on chest - compre ors ly CPR, and consu ltation about the best location to store Your AED. You wi ll thereafter ensure that You always h ave staff who am trained to use an AED. b. Register AED. At the training referred to in section. .2(a), You. wi re gister the AED with the Arizona Department of Health Services Bureau of Emergency Medical Services & Trauma System's "'Save lie arts in Arizona Registry & Education" program ( AR )' by fi lling out and submitting the online registration form on the SHARE website. 3. Main te a ee eh+edule- Your agree to inaintain the manufacturer's recommended schedule of care and maintenance for the AED. YOUR TN ITIALS 4. JU,M st ata b a e. You agree that Jumpstart may maintain Your contact information in its database and that Jumpstart may use Your identity and contact informati to provide You offers of additional training, maintenance, and u for the AED. 5. Qragni7at If You are accepting the Donation on behalf of an organization, You represent and wars. ant that the execution, delivery, and perfotinance of th is Agreement by You i s wi thin Y power and autbority and. has been duly authorized by all necessary action by the organization on whose behalf You execute this Agreement, If You are executing this Agreement on behalf of an organization, then aro reference to You shall also refer to such organization and its partners, members, shareholders, d.irectors, off, cers, employees, agents, and contractors. 6. iND:� ITY �& R. YO Ar IEEE TO INDEMNIFY., DEFEND, AND ' HOLD THE GOOTTER FOUNDATION HARMLESS FOR,, FROM. AND AGAINST - NY AND AL r,, C D.rMANDS, LTAEILITIES, COSTS, EXP:rNSES, DAMAGES, LOSSES, CAUSES OF ACTION, AND SUITS OF ANY N ATURE WHATSOEVER ARISING FROM , OR RELATING TO THE CARE, STORAGE., MAINTENANCE, PERFORMANCE, OR USE OF THE AED ("CLAW T"). YOU HEREBY WAIVE ANY AND ALL CLAIMS YO U MA's .DAVE AT ANY TIME AGAINST THE GOOTTER FOUNDATION AND 'ITS DIRECTORS. OFFICERS, COMMITTEE MEMBERS, EMPL OYEES, GE NTS, REPRESENTATIVES, OR CONTRACTORS. YOUR INITIALS 7. yDtR s YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO PROFERLY CARE FOR, SWORE, MAINTAIN IN GO WORKING ORDER, USE, Regular Council Meeting - August 5, 2014 - Page 119 of 211 02/26/2006 19: 46 52040 35146 J BARKLEY PAGE 03/07 AND TEST THE AED ACCORDING TO TH E GUIDELINES OF .THE AED MANUFACTUk ER, AND THAT THE OOOTTER FOUNDATION HAS N07y WILL NOT, AND NEED NOT PROVIDE OVERSIGHT, TRAINING, OR OTT -TER. HELP FOR THIS RESPONSIBILITY. YOUR INITIALS 8. a YOU ACKNOWLEDGE AND AGREE THAT YOU ARE .REXE VI.NG AND HEREBY ACCEPT THE AED 44 AS ISM" AND "WITH ALL FAULTS.S' THE GOOTTER. FOUNDATION HEREBY DISCL ANY AN D ALL REPRESENTATIONS, WARRANTEES � AND GUARANTEES OF ANY KIND OR NATURE EXPRESS ESS OR l PIJ.ED„ AS TO THE C N,r3IT',ION VALUE, OR QUALITY OF THE AED AND SPECIFICALLY DISCL ANY REPRE SENTATION' OR WARRANTY OF M ERCI TANTABILITY', MARKETAML7Y, USAGE, OR FITNESS Of ANY PARTICULAR. PURPOSE WITH RESPECT TO TIM AED. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE EXECUTION OF THIS AGREEMENT. YOUR INITIALS 9. Atto ney'_s gees An party who co m mences or defends an action against the other party to enforce any of the terms of this Agreement or because of a bteach by either party of any of its terms, and is successful in such prosecution or defense, whether in litigation, arbitration, or otherwise, shall recover from the losing or defaul.lting party reason ab l.e attorney's fees, costs, and expen incurred. i n connection with the prosecution or defense of such action.. 10. jjovernr1*ri . Any and all matters, in dispute between the parties to this Agreement, whether arising from or rdlating to the Agreement itsel of arising from alleged extra- contra.otual facts prior to, during or r • subsequent to the Agreement, Agreement, . a ncluding, without limitation, fraud, mtsre,presentation, negl.ja .gence or any other alleged tort or violation of tho contract, shall be governed by, construed, and enforced in accordance with the laws of tb.e State of Arizona, regardless of the legal theory upon which such matter is asserted. 1.1. JurisdictjpA and Venum. Any action, arbi.tratio.n, audit, hearing, investigation, litigation, o s uit ( whether civil, criminal, administrative, judicial or investigative, wbe -their fors - nal or informal, whether public or p rivate) commenced, brought, con ducted, or heard by or before, o otherwise invo lving, an go body or arbitrator arising out of or r0ating to this Agreetent shall be brought in the courts of the State of Arizona, County of PI' Ma.. 12. Bird raa Effect This Agreement is binding upon. the heirs, personal representatives, administrators, agents, successors and assigns of the respective parties. 13. ender a. d umber. heneve�r used in this Agrecxnent, tk. a singular shall include the plural and. the p lural sha.l.l 'include the singular, the male, shall include the female gon.d.er and a tru..st, partniership, firm., company or corporation, all as the context and mcamng of this Agreement roqui re. 1. He The descriptive headings of the several sections of this A.greem.en.t are inserted for convenience only and do not constitute a. ,pant of this Agreement. 1 brit re eem�c ran end me t. Tliis Agreement contains a of th agreements of the parties w'th. respect to the matters cOiltained herein and no prior agreement or understanding pertaining to any such l IF matter shall be effective for any ptirpose. No provision of this Agreement may be amended or added except by an agreement in writing signed by th parties and/or their respective successors. 16. C oMt axfF, eet 'c i nntnms. This Agreement may be executed in two or more coujiterparts, each of which shall be deemed an original, but all of which toge sball constitute one and the sane instrument. Facsimile or electronic signatures shall be as a ective as original signatures. Regular Council Meeting - August 5, 2014 - Page 120 of 211 02/26/2006 19:46 5204055146 J BARKLEY PAGE 04/07 17. Sevcrabilily 1n the event that any one or more of the provisions or parts of a provision contained in this Agreement slia.11 for any reason be held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, such inva.lid.1ty, ii legality, or unenf'orceabi l ity shall not affect any other prov'lsion or past of a Provision of this Agreement or any other iuri;,idictlon, but this Agreement shall be reformed and construed in any such jurisdiction as if such invalid or iflegal or unenforceable provision or part of a provision had never been contained herein aid such provision or part shall be reformed so that 1"t would be valid, legal, and enforceable to the maxi'M wn extent pen - pitted in such .jurisdiction. Wherefore, the parties execrate this Agreement effective this day of , 20 STEVEN M. GGOTTER FOUNDATION WIN i Andrew Messing, President [Organization Name op (Signature] [PriDt Nazxa.c] [ Title ] Your Address: Your Telephone Number: Your Email. Address: 3 Regular Council Meeting - August 5, 2014 - Page 121 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Steven Vasquez, Planner I Strategic Plan Focus Area: Not Applicable Item C 8 Subject: Resolution No. 2014 -071: Relating to Development; approving a final plat for John Deere Marana - Lots 1 & 2 located approximately 0.3 miles northwest of the Twin Peaks and I -10 Freeway Interchange. Discussion: Request Cypress Civil Development, on behalf of Huron Farm Management LLP, is requesting the approval of a final plat consisting of two lots on 6.3 acres. Lot 1 comprises approximately 3.83 acres and Lot 2 approximately 2.47 acres. T ,nentinn The subject property is located approximately 0.3 miles northwest of the Twin Peaks and I -10 Freeway interchange. Zonin The subject property is located within the Continental Ranch Specific Plan and has a land use designation of Industrial. Transportation and Utilities Both lots will have access from Tiffany Loop. Marana Water, Southwest Gas Corp. and Tucson Electric Power are the utility providers. Each lot will be served by an on -site sewage disposal system. Development Plan A development plan has already been administratively approved on Lot 1 for a John Deere machinery sales, service and repair shop. The development is currently under construction. ATTACHMENTS: Name: Description: Type: D Reso. 2014- 071 John Deere FP.doc Reso. 2014 -071 Final Plat for John Deere Marana Lots 1 & 2 Resolution D PRV -14027 Application.pdf PRV -14027 Application Backup Material D P RV- 14027 Location Map.pdf PRV -14027 Location Map Backup Material D P RV- 14027 John Deere FP.pdf PRV -14027 John Deere FP Backup Material Regular Council Meeting - August 5, 2014 - Page 122 of 211 Staff Recommendation: Staff recommends approval of the final plat for John Deere Marana - Lots 1 & 2. Staff has reviewed the application for compliance with the Town of Marana Land Development Code and the Marana General Plan. The final plat is in conformance with all required development regulations and conditions of zoning. Suggested Motion: I move to approve Resolution No. 2014 -071, approving a final plat for John Deere Marana - Lots 1 & 2. Regular Council Meeting - August 5, 2014 - Page 123 of 211 MARANA RESOLUTION NO, 2014 -071 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR JOHN DEERE MARANA - LOTS 1 AND 2 LOCATED APPROXIMATELY 0.3 MILES NORTHWEST OF THE TWIN PEAKS AND I -10 FREEWAY INTERCHANGE. WHEREAS, Cypress Civil Development, on behalf of Huron Farm Management LLP, has applied for approval of a final plat for a 2 -lot subdivision generally located 0.3 miles northwest of the Twin Peaks and I -10 Freeway Interchange; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on August 5, 2014, determined that the final plat for John Deere Marana — Lots 1& 2 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for John Deere — Lots 1 & 2 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of August, 2014. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting - August 5, 2014 - Page 124 of 211 / e L::x 7� . MARANA PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPL O Preliminary Plat X Final Plat 0 Development Plan 0 SWPPP 0 Specific Plan Amendment 0 Conditional Use Permit 0 Significant Land Use Change O Minor Land Division 0 I mprovement P lan s ecif . y type in Description of Pro i ect box* [CATION (Check One) 0 General Plan Amendment 0 Variance O Landscape Plan 0 Native Plant Permit 0 Rezone /Specific Plan O Annexation 0 Water Plan 0 Other _ 2. GENERAL DATA REQUIRED Assessor's Parcel !� General Plan Designation Number(s) 226 08 - 007R and 226 08 - 010B (To be confirmed by staff) Gross Area (Acre/Sq. Ft.) Current Zoning 6 Acres (To be confirmed by staff) Development /Project Name Proposed Zoning John Deere Marana Plat Project Location SW Corner of intersection of N. Casa G Highway & N. Tiffa Loo � Y Y P De with a new john Deere sales facility This project consists of the platting of the existing parcels to create new parcel Description of Project* 11 (1111 - 1r1 n 1 - iPC Huron Farm Manaaarement LLLP 11111 West Mcdowell Road Property Owner Street Address City State Zip Code Phone Number Fax Number E - Mail Address Avondale AZ 85323 520 - 510 - 5063 _ Phone Number l E - mai 1 Contact Person Mr. Dan de la Torre 520 - 510 - 5063 1 ddelato @stotzeci.com Applicant eff P. Hunt 2102 N. Coun[ry Club Road State Zip Code Phone Number Fax Number E -Mail Address Street Address City Tucson AZ 85716 520 -261 -7440 520 -798 -3 341 jphu_nt @cypresscivi Phone Number 1 E - mail c Contact Person Jeff P . Hunt Jeff P . Hunt 520 -261 -7440 1 jphunt @cypressciv Agent /Representative Street Address 2102 N. Country Club Road State Zip Code Phone Number Fax Number E - Mail Address City Tucson AZ 85716 520- 261 -7440 520- 798 -3341 jphunt @cypresscivil.com Town of Marana Business Contact Person License No. 3. AUTHORIZATION OF PROPERTY OWNER • _ — t, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that [ am either the owner of the property or that 1 have been authorized in writin by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) qiv eff P. Hu nt Authorized A ent Print Name of Applicant /Agent re — Date - - 11555 W. Civic Center Drive, Bldg. A2NMarana, AZ 85653 - 7003 ■Telephone (520) 382 -2600 ■Fax (520) 382 -2641 Re Council Meetin - nu Page ,zsorz,�� RECEIVED MAY 221014 7)"'k A Final Plat for John Deere Marana Lots I & 2 A re for approval of a final plat for John Deere Marana Lots I & 2 located approximatel 03 miles northwest of the Twin Peaks and I -10 Freewa Interchan ni a Thi s m a p v.- as g ene ra ted from the Town of M aran a's G I S Web rn appin s and is to be used for reference use onl GIS data is constantl chan so la that appear on this map ma or ma not be accurate or current dependin on the date and time this map was created. 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LINDA VISTA BOULEVARD (PUBLIC) z � m Oinz v o Ln 0 =Uvv mn ~ a LL Q .n z � Lno a - a_ z w U z w W N l � M ARANA � REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 1, 2014 at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:04 p.m. Town Clerk Bronson called roll. Council Member Kai was excused and Council Member Comerford arrived on the dais at 7:09 p.m. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Unanimously approved 5-0. CALL TO THE PUBLIC. Dave Morales spoke about the town hosting the local swap meet. He suggested that the parking lot between the Senior Center and the swimming pool because there are restroom facilities there. The last meet was June 28, 2014. PROCLAMATIONS A proclamation declaring August 1 through August 31 as Drowning Impact Awareness Month. Mayor Honea noted that the proclamation was made part of the public record but was not read. July 1, 2014 Meeting Minutes 1 Regular Council Meeting - August 5, 2014 - Page 129 of 211 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report was still in progress and would be posted on the website. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously 6 -0. C 1: Resolution No. 2014 -060 Relating to Administration; rescinding Resolution No. 2006 -140 designating T. VanHook to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding; designating Erik Montague to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding C2: Resolution No. 2014 -061 Relating to Administration; approving and authorizing the Town Manager to execute an agreement between the Town of Marana and WebsEdge Limited for production of a film about the Town for the International City /County Management Association (ICMA) Annual Conference C3: Resolution No. 2014 -062 Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2014 -2015 to support the operation of the Marana Visitor Center and the provision of services to the Marana community C4: Resolution No. 2014 -063 Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Chapter 6 - Employee Development and the Introduction to Personnel Policies and Procedures C5: Ordinance No. 2014.018 Relating to Administration; amending Marana Town Code Title 3 (Administration); renaming Chapter 3 -1 (Officers, Department Heads, and Employees) as "Officers and Employees "; revising Chapter 3-1; modifying provisions defining town officers, position status, and non - employee positions; modifying officer and employee appointment and reporting procedures; adding a new definition of "at- will" employees; clarifying that employee compensation and benefits are determined through budget adoption; renaming chapter 3 -2 (Officers and Other Positions) as "Establishment, Compensation, and Powers and Duties of July 1, 2014 Meeting Minutes 2 Regular Council Meeting - August 5, 2014 - Page 130 of 211 Town Officers "; revising Chapter 3 -2 to conform to revisions to Chapter 3 -1 regarding appointment procedures; revising Section 3 -2 -1 (Town Manager) to clarify Town Manager's powers and duties regarding positions and staffing and implementation of a salary schedule; deleting Sections 3 -2 -9 (Special projects manager), 3 -2 -10 (Assistants to the town manager), 3 -2- 12 (Deputy chief of police), and 3 -2 -13 (Director of strategic initiatives) and renumbering Chapter 3 -2 to conform; revising Chapter 3 -3 (Personnel Policies); revising Section 3 -3 -1 regarding application of personnel policies to employees; deleting Section 3 -3 -3 (Rules and regulations); and declaring an emergency Resolution No. 2014 -064: Relating to Administration; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2014.018 to Marana Town Code title 3 (Administration) C6: Ordinance No. 2014.019: Relating to Police Department; amending Town Code Section 4- 1 -2 (Appointment of officers) to provide that the chief of police shall be appointed by the Town Manager; amending Town Code Sections 4 -1 -2 and 4 -1 -3 (Compensation of officers) to clarify that appointment and compensation of officers shall be determined through budget adoption; and designating an effective date C7: Approval of June 17, 2014 Council Meeting Minutes and approval of the June 24, 2014 Study Session Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al: Relating to Real Estate; Reauthorizing town staff to proceed with the sale by public auction of approximately 3.09 acres of Town -owned land located at the northwest corner of Twin Peaks Road and Casa Grande Highway (Interstate 10); and approving revised terms and conditions for the sale. Mr. Cassidy noted that this is a reauthorization of the Pioneer remnant parcel. It was authorized at the end of April, 2014. At that time, the most recent appraisal was from December, 2011, and it said the property was worth $369,800. We were having it re- appraised assuming the price increased, and there's a different statute to follow for property that's worth more than $500K. We were surprised that the price went down by nearly $107K based on a couple of nearby sales. So staff went ahead with the auction at the old price. Meanwhile, staff asked for justification of the second appraisal price. The appraiser then met with Mr. Wexler, who was involved in a couple of sales closest to the property. Mr. Wexler's company is basically selling the rest of their property in the area. Thy sold the property to John Deere for a good price. Mr. July 1, 2014 Meeting Minutes 3 Regular Council Meeting - August 5, 2014 - Page 131 of 211 Cassidy asked Mr. Wexler to meet with the appraiser, and as a result, the appraiser upped the value to $323K. The bottom line is we went to auction; one of the neighbors showed up but they did not make the minimum bid. So Mr. Cassidy would like to do a couple of things differently. First, set the opening bid at the new appraisal of $323K and our costs, for a total $333,018. The second thing is to post the auction on the property. It's landlocked and right at the corner. We're assuming San Joaquin will bid on it, but if we can get the word out, we might have other bidders. If Council approves the reauthorization, staff will post the bid next week, put something on the property and hold the auction on September 2, right after Labor Day. Council Member McGorray moved to reauthorize town staff to proceed with the sale by public auction of approximately 3.09 acres of Town -owned land located at the northwest corner of Twin Peaks Road and Casa Grande Highway (Interstate 10); subject to the revised terms and conditions recommended by staff. Motion seconded by Council Member Bowen. Passed unanimously 6 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION DI: Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. No report. EXECUTIVE SESSIONS E1: 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. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). Council Member Bowen asked that the Town Manager prepare a public outreach plan to the stakeholders of the proposed police facility and the Heritage River Park as discussed at the June 24 2014 study session, and explore all the funding options and prepare a recommendation to Council on how the police facility and the Heritage Park can be funded. Concurrence from Council Members Comerford and McGorray. July 1, 2014 Meeting Minutes 4 Regular Council Meeting - August 5, 2014 - Page 132 of 211 Mr. Davidson reminded Council that tonight's meeting is the only meeting scheduled for July. Unless there is an issue that comes up that calls for a special meeting, the next regular Council meeting will be August 5, 2014. ADJOURNMENT. Motion to adjourn at 7:17 p. m. by Vice Mayor Post, second by Council Member McGorray Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 1, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk July 1, 2014 Meeting Minutes 5 Regular Council Meeting - August 5, 2014 - Page 133 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Jocelyn Bronson Strategic Plan Focus Area: Not Applicable Item L 1 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 12 (restaurant) liquor license application submitted by Federico Avitia on behalf of Stadium Grill located at 3682 W. Orange Grove Road, Suite 146, Tucson, AZ 85741. Discussion: The application is for a new series 12 (restaurant) liquor license application submitted by Federico Avitia on behalf of Stadium Grill located at 3682 W. Orange Grove Road, Suite 146, Tucson, AZ 85741. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one -mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff 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 conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after the application has been filed. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place unless the director of the DLLC, the liquor board or a resident within a one -mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a Regular Council Meeting - August 5, 2014 - Page 134 of 211 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: Type: D Local Governing Body Recommendation. Of Governing Body Recommendation Backup Material D DLLC Descriptions of Common Types of LL .DOC Liquor License Types Backup Material D Redacted Application.pdf Redacted Application Backup Material D Affidavit of Postinq.pdf Affidavit of Posting Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order to the DLLC recommending approval of a new Series 12 (restaurant) liquor license application submitted by Federico Avitia on behalf of the Stadium Grill, located at 3682 W. Orange Grove Road, Suite 146, Tucson, AZ 85741. OPTION 2: I move to adopt an order to the DLLC recommending disapproval of a new Series 12 (restaurant) liquor license application submitted by Federico Avitia on behalf of the Stadium Grill, located at 3682 W. Orange Grove Road, Suite 146, Tucson, AZ 85741. Regular Council Meeting - August 5, 2014 - Page 135 of 211 Print Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602- 542 -5141 LOCAL GOVERNING BODY RECOMMENDATION Marana 12104302 CITY/TOWN OF STATE APPLICATION # Pima COUNTY OF , ARIZONA. CITY/TOW N /COUNTY # LL2014 -05 ORDER # At a Regular meeting of the Marana Town Council (Regular or Special) (Governing Body) of the City /Town /County Marana 5th August 2014 o f held o n the day of _____ the (Day) (Month) (Year) Federico Avitia application of for a license to sell spirituous liquors at 12104302 12 the premises described in Application # , License Class Series was considered as provided by Title 4, A.R.S. as amended. Federico Avitia IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT Marana, Arizona This 5th day of August (Month) I is 1007 05/2009 (Yea r) CITY/TOW N /COUNTY CLERK * Disabled individuals requiring special accommodations please call the Department 2014 Regular Council Meeting - August 5, 2014 - Page 136 of 211 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses I;PriPc, h Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ( "To Go ") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. {00018233. DOC / 21 Regular Council Meeting - August 5, 2014 - Page 137 of 211 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. {00018233. DOC / 21 Regular Council Meeting - August 5, 2014 - Page 138 of 211 d as ' ; { { MSr• } 1� !.t ^?r{ wi ='-... i Arizona Department of Liquor Licenses and Control 800 West Wash ington,5th Floor Phoenix, Arizona 85007 wwmazliquor.gov 602 - 542 - 5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. Il 1997, All owners A gents, Partners Stockholders officers or Mana ers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: r SECTION 2 _ Type of ownership. . ❑ MORE THAN ONE LICENSE NTE RI M PERMIT Complete Secti 5 ❑ J . T.W. R. O. S . Complete Section 6 NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16 — ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3 4, 11, 13, 15, 16 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) WIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3;` 4, 12,4 3 s , 15, 16 ❑ CLUB Complete Section S ❑ PROBATE/\NILL ASSIGNMENT /DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9 13, 16 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13 ❑ OTHER (Explain) SECTION 3 Ty of license and fees LICENSE #(s): L 0 3o yp � 1. Type of License ` t-z.. D artment use o nly 2. Total fees attached: $ �_ 9 1 L A FEE AND INTERIM PERMIT FEES (IF APPLICA ARE NOT REFUNDABLE. The fees allowed under A.R.S. 44 -6852 will be charged for all dishonored checks. lxwwpwm� 1� � W"Mm"N" .� SECTION 4 Applic P(Dt7 (Bol O mr. 1. Owner/Ag Name: Ej Ms. � • ' � °� `�~,�. �� } � � � (Insert one name ONLY to appear on license) Last First Middle 2. Corp.IPartnershiplL.L.C.: 1 (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: (Exactly as it appears on the exterior of premises) az 9 4. P rin c ipal Street Location 3 itje� `2. U o r� ................ ... (Do not use PO Box Number) City County Zip 5. Business Phone: ��) . �- G � Daytime Phone: (Gr�-a) ` . "� `� � Email: P . 4. ( A.{. 6. Is the business located within the incorporated limits of the above city or town? 7. Mailing Address: �-� e..V. % ,� �a F� t b �� �� a _L City State Zip r 8. Price paid for license only bar, beer and ovine, or liquor store: Type P � $ � A. Type P i t , $ � DEPARTMENT USE ONLY Fees: f r)(\ � �� �' �1 ^ � �` � � Application Interim Permit Site Inspection Finger Prints $ � � TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete? 5dYES ❑ NO Accepted by-__w Date: � � � L ( �4 Lic. # I)j o "C 3 o 1/7i2013 *Disabled individuals requiring special accommodation, please call (602) 542 -9027. Regular Council Meeting - August 5, 2014 - Page 139 of 211 SECTION 5 Interim Permit: 1. If you intend to operate business when yourapplication is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying-for currently issued to the location. 3. Enter the license number currently at the location. � � t o 3- f 3 4. Is the license currently in use? KYES ❑ NO If no, how long has it been out of use? ATTACH T E LICENS CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. . i b 4 declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies) of the stated license and location. State of County of {Signature} The foregoing instrument was acknowledged before me this M Commission expires on: day of ' My p Day Month Year _ {Signature of NOT } 1� if 1 � iYipNINWINiiWt 1� IfIpWMilflff !1� A1N1pAlYW1 � iii p1111�11i SECTION 6 individual or Partnership owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PR ESSING FEE FOR EACH CARD. 1. Individual: Last First Middle % Owned Mailing Address City State Zip Partnership Name: (Only the first partner listed will appear on licen General- Limited Last First Middle % CWD6d M M909 Mailing Address Citv State Zi ) Y R A S S E C E N F I T Regular Council Meeting - August 5, 2014 - Page 140 of 211 2. Is any p?rso than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO If Yes, giv ame, current address and telephone number of the persons). Use additional sheets if necessary. rf j: { � };� � g •r rs �'+ 3$ # [i � i i i pi��s�' } 3 sti i �(• i t IL B A sr•.r* -.a :�r�xcs�;a�xr.a ..r.•.- �vr- • «7-;•r xr.;.- :eacr:v.+•1m ; +`r`+: e.;:- P�K::- f Qevel.opi ent o Broheragc= Management 6 298 F. Grant Rd,, Ste. 100 e 'I`ucso AZ 85 P: (520) 296 -0200 o F-, (520) 296- www. l.ai "s ent - , flto C.coni June 19, 2014 Arizona Department of Liquor License and Control 800 West Washington St" Floor Phoenix, Arizona 85007 Re: Former "Stadium Grill" Leassed to RJF ventures, LLC 3682 west orange Grove Road, Ste: 146, Tucson, Arizona 85741 Liquor License No. 12103738 To whom it may concern, Please accept this letter as written evidence of the vacating and termination of the Lease Agreement with the "tenant, RrP ventures, LLC, For the former Stadium Grill premises at Marana Mercado Shopping Center lease terminated on or about rune 15, 2014. Marana Marketplace has now entered into a new Lease Agreement with Fred's Grill, LLC and request that this letter coupled together with a copy of the fully executed lease will allow Mr. Federico Avitia to obtain an "interim permit" liquor license for the demised premise. Please feel free to contact nee with any additional questions or comments that may arise. Thank you for your time and consideration in this matter. Sincerely, Marana Mercado Associates, LLC . &Uv , Donald L. Baker Title: Owner Member Contact Info. 520 296w0200 don larsenbaker.com. Page 1 of 1 Regular Council Meeting - August 5, 2014 - Pagb\ 41 PYr n` 1niCarresiY° ndence \Fred'sGrill\Uquort1consc.doc FRED'S GRILL, LLC MARAN MERCAD O SHOPPING CENTER 14 11.E � C1 L *� De� 019 Ls 3 TABLE OF CONTENTS Section Tine Page 1. BASIC LEASE TERMS .................................................................................................... ..............I................ 2 2. PREMISES .......................................................................................................................... .............................. 3 o J4 E M . ...................................................................................................................... ............................... 6........ 4 4 . RENT . ........ ..:............... .. ................ ...................... ....... ........ ... ........ .... . ......... 0.0.004.. ... ► .......... 064.0 ......... . ....... ........ 4 5. USE OF PREMISES AND PROJECT FACILITIES . ........... . ................................................................. ......... 7 6. SIGNS AND ADVERTISING ........................................................................................... ............................... 7 7. MERCHANTS ASSOCIATION AND PROMOTION ..................................................... ............................... 7 8. PERSONAL PROPERTY ; TAXES .................................................................................... ............................... 7 9 . COMMON FACILITIES . .................................................................................................. ............................... 7 10 • UTILITIES .................. .. ................ . ......... .. ...... ►.►.../................ ..►............ I ......... ►. ► ► ................... .4004 ..................... . 8 11. MAINTENANCE ............................................................................................................... .............................. 12. ALTERATIONS, CHANGES AND ADDIT IONS ........................................................... ........................... ..... 9 13, RELEASE AND INDEMNITY ....................................................................................... ........1.0.................... 10 14 . INSURANCE • CE ................................................................................. ....................4.......... 0.. 0......6.....4................. 10 15 . DESTRUCTION .............................................................................................................. ..........0.................... 10 16. CONDEMNATION ............................................................................................................. ............................ 17. ASSIGNMENT OR SUBLEASE .................................................................................... ............................... 12 18 . Jam/ EFAUL T . ........................0..........................................0....................... ............................... 0..........................1 19. /ENTRY ON PREMISES ................................................................................................. ............................... 13 20. SUBORDINATION ........................................................................................................... ............................. 21. ESTOPPEL CERT IFICATES .......................................................................................... ............................... 13 2 2 • NOTIC . ................................4......................................................................................... ............................... 13 23. WAIVER ............................................................................................................................ ............................. 24. SURRENDER OF PREMISES; HOLDING OVER; END OF THE 'WORL PROVISION ........................ 14 25. DEFAULT OF LANDLORD.......... ................................................................................ ............................... 14 26. LANDLORD'S RULES AND REGULATIONS ............................................................. ............................... 1 27. RESERVATION OF RIGHTS..... ..........................................................................:........ ............................... 14 28. ARBITRATION OF NON - MONETARY DISPUTES ................................................... ............................... 15 29. MISCELLANEOUS PROVISIONS..... ........................................................................... ............................... 15 Exhibits ,A, Description of Project B Description of Premises C Landlord's Rules and Regulations D Project Sign Criteria E Option To Extend Term F Landlord's/Tenant's Work G Personal Guarantee (Federico A H Satellite Antenna Rider %� * �k Please Initial: %" Landlord Tenant 1 of 28 Z. \office DommentsWNAEcase MastCA2 Leases {L }\Fred's Grill ACCEPTED 0&16- 14.doe qi Regular Council Meeting - August 5, 2014 - Page 142 of 211 1. F ASIC LEASE TERMS. x.# � �� ��� r {� 3 � - M - g�� � { I � 1 _ Section I represents a summary of the basic terms of this Lease. In the event of any inconsistency between the terms contained in Section I and any specific clause of this Lease, the terin.s of the more specific clause shall prevail a. LEASE EXECUTION BATE: June 2014 b. TENANT: Fred's Crrill LLC an Arizona limited liabili com an TRADE NAME: Fred's Grill ADDRESS ( "Premises "): grove Rd. Ste: 146 Tucson Arizona 85741 BUILDINGIUNIT.' STE: 146 of Marana Mercado Sho in Center ,ADDRESS (For Notices): Federico Avitia Fred's Grin LLC 3682 'L7V orange Grrove Rd #146 - Marana, AZ 85741 Fred.avitia ail.com WITH COPY TO: Federico Avitia 7395 N. Dickinson Place Tucson A� 85741 . TAX ID: ' PHONE NUMBER: 520 245 -5935 c. LANDLORD: Marana Mercado Associates LLC an Arizona limited liabifty com an d. ADDRESS (For Notices): „ Marana Mercado Shopping Center TAX RD: 76- 0747131 . c/o Larsen Baker LLC 6298 E. Grrant Rd. Ste: 100 . Tucson AZ 85712 P: 520 295- 0200IF: 520 296 -1571. ..and _ larsenhaker.com _ e. PROJECT: Marana Mercado Shopp in Center . f• TENANTS USE OF PREMISES: Tenant shall use the Premises for a restaurant o eratin under a #12 li uor license, to ether with such other uses as are custom for such restaurants and Tenant and shall not use or ertxxit the Premises to be used for an other pWose with the rior written consent of Landlord 9. PREMISES AREA: A roximatel 3 900 Rentable 5 uaxe Feet of building area in the approximate location shown in Exhibit B the "Premises" h• PROJECT AREA: The Pro'ect contains a roximatel 61 845 s .ft. of buildin area z. PREMISES PERCENT OF PROJECT: 5.31 % percent "Tenant's Prorata Share" has been determined b dividing the Premises Area b the Pro' ect Area. Landlord reserves the right to chan e the Prc 'ect's buildin area. See Section 4.c, for additional terms j, TERM of LEASE: (1) Date of Delivery of Possession: Jul 1 2014 (2) Rent/Term Commencement Date: The earlier of date Tenant o ens for business or September 1 2014, See Section 2 and Exhibit F (3) Lease Expiration Date:_ one hundred twee 12 ving the Rent/Term Commencement Date 2 of 28 J z:1Gff� Doc uments%IMAEcase Master\2 Leases (L )\Fred's Grill ACCEPTED 06- 16- 14.doc Regular Council Meeting - 0August 5, 2014 - Page 143 of 211 SECTION 7 Corporation /Limited Liability C o.: 6446` rte, r= _ ' h . tle . t'ris R C Q ING EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC010'1), AN ll APPLICANT 7i TYPI� It'6 �CAR'hi, -AN f22 OO FEE FOR EACH CARD. ❑ CORPORATION Comp lete questions 1 2 3 5 6 7, and 8. L.L.C. Complete 1, 2, 4 5, 5 7, and 8. l .�.... 1. Name of Cor orationlL. L.C.: �- � : :5 p , -� (Exactly as it appears on Articles of Incorporation or Articles of Organization) p g 0 c>� /'z-e-- � � State where Incorporated /Organized: �. Date lncor oratedlOr anized: l 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: . 4. AZ L.L.C. File No: L- Date authorized to do business in AZ: ..1N� 5. Is Corp./L.L.C. Non-profit? ❑ YES>MO C. List all directors, officers and members in CorporationlL.L.C.: I a(Zf Firct Miririlp TitiP Mellina Address City State Tin r �f �`4'r a� ��' �"�.. '+r'1r""� � nll � `�� �� � i+.j � � � +:, it.. � y..a. �' �• ��� � �. � w,, � X ,,� �' (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10 or more: I a -qt Fir-0 WHIP °/n Seri Mailing Address City State Zin L:r.� �'-� w r j L' . k iJ ti ] f .� L y +'. C E J ■'� �r (A I I AUH AUUI I IUNAL �511LL I Ii NLU1=6bANY) 8. If the corporation/L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. MEMEW X� now"" WWWMW �. .....N ...M....■ SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC01 01), AN "APPLICANT" TYPE FIND T CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? ❑ YES C7 NO 3. List officer and directors: Last First Middl (Attach a copy of Club Charter or Bylaws) Title Mailing Address Citv State zi �,5fiI L (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 Regular Council Meeting - August 5, 2014 - Page 144 of 211 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Feral: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DIS ION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO TH IGNEE TO THIS APPLICATION. � vmmww . ....E. ,,...,... � .....EN .� ONINON" � � 100MMOM .� � UWANOM � � VMNNW .. SECTION 10 Government: (for cities, towns, or coup ' only) 1. Governmental Entity: 2. Person /designee: Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY - Series 06,07, and 09 ). 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation /L.L.C. Name: 3. Current Business Name: Last First Middle Entity: (Indio., Agent, etc.) (Exactly as it appears on license) (Exactly as it appears on license) 4:: Physical Street Location of Business: Street City, State, zip 5. License Type: License Number: 6. If more than one license to be transfered: License Type: 7. Current Mailing Address: Street (Other than business) Lase Number: City, State, Zip 8. Have all creditors, lien holders, interest holders, etc. n not of this transfer? 11 YES ❑ NO 9. Does the applicant intend to operate the busi s while this application is pending? ❑ YES El NO If yes, complete Section 5 of this application, attach fee, and curr license to this application. 10. 1, , hereby authorize the department to process this application to transfer the (print full name) privilege of the licens the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certiTtna t the applicant now owns or will own the property rights of the license by the date of issue. declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true, correct, and complete. (Signature of CURRENT LICENSEE) My commission expires on: 4 (Signature of NOTARY PUBLIC) State of County of The foregoing instrument was acknowledged before me this Day Month Year Regular Council Meeting - August 5, 2014 - Page 145 of 211 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) :; i i � i i :• :{ 1 APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE S) kT�� 1. Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) Address 3. License Type: License Nom. er: 4. If more than one license to tpAfln'sferred: License Type: License Number: 5. What date do you plan to move ?_ What date do you plan to open? SECTION 13 Questi for all in -state applicants exc a oplyin . g . for gover h otellmotel, a nd restaurant licenses (series 5, 11, and 12): A.R.S. § 4 -207 (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (I ) through (12) or within three hundred (300) horizonaI feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) c) Government license (§ 4- 205.03) b) Hotel /motel license (§ 4-205.01) d) Fenced playing area of a golf course (§ 4 -207 (13){5 }} 1. Distance to nearest school: _ Name of school Address City, S�Zip 2. Distance tom- st church: ft. Name of church Address City, State, Zip 3. I am the: essee ❑ Sublessee ❑ owner ❑ Purchaser (of premises) 4. If the premises is leased give lessors: Name r .q� Address 6 , z 5 � - . ,� r� - `7 4 1 a *- Aa- �... City, State, Zip 4a. Monthly rental /lease rate What is the remaining length of the lease to yrs. mos. 4b. What is the penalty if the lease is not fulfilled? or other (give details - atta h additional sheet if necess } 5. What is the total business indebtedness for this license /location excluding the lease? Please list lenders you owe money to. 5 Regular Council Meeting - August 5, 2014 - Page 146 of 211 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for (be specific)? SECTION 13 - continued 7. Has a license or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YESX NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES X No 9. Is the premises currently licensed with a liquor license YES El NO If yes, give license number and licensee's name: ' °`- (exactly as it appears on license Name License Y pp # SECTION 1 4 Restaurant or hotel/motel license applicants: 1. Is there an existing restaurant or hotel/motel liquor license at the proposed location? 1�f YES ❑ No If yes, give the name of licensee, Agent or a company name: and license #. Last Firse Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate whileyour application is pending; consult A.R.S. § 4-203.01; and complete SECTION 5 of this application. 3. All restaurant and hotel/motel applicants must complete a Restaurant operation Plan (Form LIC0114) provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4-- 205.02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Gross revenue is the revenue derived from all sales of fo and spirituous liquor on the licensed premises. By applying for this ❑ hotel/motel 0 restaurant license, I certify t I understano4iqt I must maintain a minimum of 40 percent food sales based on these definitions and have inc e the Rest erant of ote ords Required for Audit (form LIC 1013) with this application. applicant's signa ure As stated in A. R.S § 4-- 205.02 (B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspect' Q 'sit www.azliquor.gov and click on the "Information" tab. applicants initials amomm rr .....w .� ._... MEMNON " . wrrNw a � . ...... .....r. �w �w SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: Entrances /Exits ,K Liquor storage areas Patio: W Contiguous ❑ Service windows ❑ Drive -in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation, or redesign? El YES XNO If yes, what is your estimated opening date? N j A, _ mon h /day /year 3. Restaurants and hotel /motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Diagram paper is provided on page 7. 4. The diagram (a detailed floor plan) you provide is required to disclose only the area(s) where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant (see #3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non- licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S. § 4-207.01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. applicants initials 6 Regular Council Meeting - August 5, 2014 - Page 147 of 211 17. ASSIGNMENT OR SUBLEASE. a. Restriction Tenant shall not assign or encumber all or any interest in this Lease or the Premises or sublease all the Premises or allow any other person or entity to occupy or use all or part of the Premises either voluntarily, involuntarily or ❑ ration of law without first obtaining Landlord's written consent. An assi ent, Y Y operation g Y � encumbrance or sublease in violation hereof shall be voidable and, at Landlord's election, shall constitute a default. F; _ Acceptance of rent by Landlord from anyone other than Tenant shall not be construed as a waiver by Landlord of the actions prohibited by this Section 17, but the same shall be taken to be payment on account by Tenant. r " b. Re guest for Consent +C tions of Landlord. If Tenant desires at any time to assign this Lease or to sublet the } ` Premises, it shall first notify Landlord of its desire to do so and shall submit in writing to Landlord 'information respecting the proposed subtenant or assignee, financial statements of the proposed subtenant or assignee and the .' terms of the proposed sublease or assignment. Landlord's consent for an assignment or sublease shall not • s # unreasonably be withheld provided the proposed assignee's or subtenant's financial condition, as evidenced by a current financial statement shall comply with Landlord's standard tenant financial requirements and that the proposed use of the Premises by such assignee or subtenant shall be an identical use, and not violate use restrictions of other fj j tenants in t ,, e Project. , •.. �• ^yam c. Excess Rent. Intentionally deleted. d. No _ Waiver No consent by Landlord to any assignment or subletting by Tenant shall relieve Tenant or guarantors of any obligation to be performed by Tenant or guarantors under this Lease, whether accruing before or after such assignment or subletting. No consent by Landlord to any assignment, encumbrance or sublease shall operate as consent to future assignments, encumbrances or subleases. e. Assumption of iabili . Each assignee shall assume and covenant to perform all obligations of Tenant under this Lease. No assignment or sublease shall relieve Tenant of its obligation hereunder. 18. DEFAULT. If Tenant: (i) shall fail to pay any Base Pent, CAM Expenses or other charges when due, if such failure to pay is not cured within seven (7) days after written notice has been given to Tenant, (ii) shall fail to pay any other sum of money due hereunder when due (although no legal or formal demand has been made therefore) and shall fail to pay the same within seven (7) days after written notice from Landlord that the same is overdue or, (iii) shall violate or fail to perform any other provision of the Lease and shall fail to correct or perform the same within thirty (30) days after written notice thereof is received from Landlord (or, if such violation or failure to perform cannot be cured within such thirty (30) day period, fails to commence and diligently pursue to cure such violation or failure to perform), or (iv) vacates or abandons the Premises ( exce pt as may specifically be provided for in this Lease) for a period of five (5) days or longer while in default of any provision of this Lease, or thirty (30) days while not then in default, then this Lease shall be in default and at any time thereafter Landlord at its option may: a. Terminate Lease. Terminate this Lease and Tenant's right to possession of the Premises by any lawful means. b. Re ossess the Premises. Without terminating this Lease, Landlord may re- enter, take possession of the Premises and remove all persons and property there from (such property as may be removed may be stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant), all without further notice or legal process and without Landlord or its agents being deemed guilty of trespass or liable for any loss or damage occasioned thereby. In order to take possession of the Premises, Landlord may change the locks to the Premises and thereafter Tenant shall have no right of access to the Premises. If Tenant shall, after default, voluntarily give up possession to Landlord, deliver to Landlord the keys to the Premises, or both, such actions shall be deemed to be in compliance with Landlord's rights and the acceptance thereof by Landlord shall not be deemed to constitute a surrender of the Premises or termination of the Lease. Should Landlord elect to re -enter, as herein provided, or should it rake possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations or repairs as may be necessary to relet the Premises and relet the Premises or any part of it for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. upon each such reletting all rentals received by Landlord from such reletting shall be applied; first to the payment of any 'Indebtedness, other than rent due hereunder, from Tenant to Landlord; second to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and of costs of alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent or damage as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. No such reentry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease, unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction, Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous default. C. Damages Should Landlord at anytime terminate this Lease for any default by Tenant, in addition to any other remedies it may have, it may recover from Tenant all damages it incurs by reason of such default, including any and all of the following: • ' ' % 0% . (l.) The cost of recovering the Premises; � 12 of 28 Regular Council Meeting - August 5, 201 °l c, '� 1 � t�►� L -mascs(L)Tred's Grill nccMED 06- 16 -14.doc (2) Reasonable attorney's fees; (3) The present value at the time of termination of the amount by which unpaid rent which would have been earned and received after termination exceeds die amount of such rental loss that Tenant proves could have been reasonably avoided; (4) Any other documented damages incurred by Landlord and caused by Tenant's failure to perform its obligations under the Lease. d, �� C osts. If either party finds it necessary to have legal counsel engage in enforcing the rent collection provisions, or if any action is brought to enforce the rent collection or any provisions thereof, to collect damages for any alleged breach thereof or for a declaratory judgment there under, the non - defaulting party or the prevailing party in such action shall be entitled to reasonable legal fees in addition to costs and expenses of enforcement and/or suit. e. No waiver Landlord shall not be obligated to notify Tenant of the due date of rent nor demand payment thereof on its due date, the same being expressly waived by Tenant. The acceptance of any sums of money from Tenant alter the expiration of any seven (7) day or thirty (30) day notice as above provided shall be taken to be payment on account by Tenant and shall not constitute a waiver by Landlord of any rights, nor shall it reinstate the Lease or cure a default on the part of Tenant. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to Landlord under application law. For purposes of this Section 18, "Rent" shall include Tenant's Prorata Share of CAM Expenses, and all other charges of any kind or nature. 19. ENTRY ON P.REMSES. Landlord and its agents shalt have the right to enter the Premises during Tenant's normal business hours at reasonable times (with reasonable frequency and with reasonable advance notice to Tenant) for the purpose of examining or inspecting the same, to supply any service to be provided by Landlord or Tenant hereunder, to show the same to prospective purchasers, lenders, or tenants of the Project, and make such alterations, repairs, improvements or additions to the Premises or to the Project as Landlord may be deem necessary, provided, however, that such entry does not unreasonably interfere with the operation of Tenant's business. Except in the event of an emergency involving danger to persons or property, for the purpose of this Section "Reasonable Notice" shall mean no less than twenty-four (24) hours notice. Landlord, during the entire Terre of the Lease, shall have the right, upon ninety (90) days prior written notice to Tenant, to change the name, number or designation of all or any portion of the Project without liability to Tenant, except Landlord shall pay related reasonable expenses. Landlord may at any time during the last thirty (30) days of the Terre of the Lease place on or about the Premises "For Lease" signs; Landlord may at any time place on or about the Project "For Sale" or "For Lease" signs. 20. SU13ORDINATION. At the election of Landlord or any mortgagee or any beneficiary of a deed of trust on the Project, this Lease shall automatically be subject and subordinate at all times to (a) underlying leases which may now exist or hereafter be executed affecting the Project, and (b) the lien of any mortgage or deed of trust which may now exist or hereafter be executed in any amount encumbering the Project, ground leases or underlying ceases, or Landlord's interest or estate in any of them, provided however, that Tenant receives a non - disturbance agreement from Landlord's lender insuring Tenant's right to quiet possession shall not be disturbed while Tenant is not in default hereunder. If any mortgage or deed of trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, the same shall not terminate this Lease, and Tenant shall attorn to and become the Tenant of the successor in interest. Tenant shall execute and deliver any additional documents in the form or reasonably requested by Landlord, evidencing the subordination of this Lease with respect to any lien, mortgage or deed of trust. If, in connection with obtaining financing for the Project, Landlord's lender shall require modifications to this Lease as a condition to such financing, Tenant shall not withhold or delay its consent thereto provided that such modifications do not increase Tenant's obligations hereunder or materially adversely affect the leasehold interest created hereby. 21. ESTOPPEL CERTIFICATES. within fifteen (15) days after notice is received from Landlord, Tenant shalt execute and deliver a certificate stating such matters reflecting the status of this Lease or the Premises as Landlord's lender, or a purchaser may reasonably request. If Tenant shall fail to deliver the Estoppel certificate within fifteen (I 5) days, then any good faith representations of the Landlord respecting the matter covered by the certificate shall be conclusively presumed to be accurate. However., Tenant shall not be cured thereby, and Tenant shall continue to be obligated to deliver the Estoppel certificate. 22. NOTICE. Any notice, demand, request, consent, approval or communication desired by either Party or required to be given under this Lease, shall be in writing and served: (i) by depositing same in the United State mail, addressed to the Party to be notified, postage prepaid and registered or certified with return receipt requested; (ii) by overnight, third party prepaid national courier service; (iii) by delivering the same in person to such Party; or (iv) by facsimile. Notice personally delivered or sent by courier service shall be effective upon receipt requested. Any notice mailed shall be effective three (3) business days after its deposit in the United States mail. Notice given by facsimile will be deemed to be received upon sender's receipt of a transmission report, generated by sender's facsimile machine, which confirms that the facsimile was successfully transmitted in its entirety. For purposes of notice the addresses of the Parties shall be as set forth in Section 1. Either Party may change its address by written notification to the other Party. 23. WAIVER. No delay or omission in the exercise of any right or remedy or acceptance of any payment or portion thereof due hereunder by either Party shall impair such right or remedy or be construed as a waiver. No act or conduct by either Party, including without limitation, Landlord's acceptance of the keys to the premises, shall constitute an acceptance of surrender of the Premises by Tenant before the expiration of the Term. Either Party's 13 of 28 V • Regular Council Meeting - August 5, 2014�AdR li4&s *M"Hse Mascor\2 1..cw5 (L)\Fred's Grill ACCEPTED 06- 16.14 Aaa 1•� nr SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, luring quarters, etc. when completing diagram, North is up t`. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. M i YHA 4.r.. A }r 1 r•3" SECTION 16 signature Block � � , , hereby declare that I am the OWNER/AGENT filing this (print full ame of applicant) application tated in Section 4, Question 1. 1 have read this application and verify all statements to be true, Corr c end cam ete. signature of applicant listed in Section 4, Question 1) 41,11 11,11 1111111, 1111111 I!,011111t Notary Pubft ft% 0 AMA Pima County Kevin A Kramber M commission Expitat 0010 § /Hi7 M Y commission expires o V A.0 D y Month Year Regular Council Meeting - August 5, 2014 - Page 150 of 211 State of County of The foregoing instrument was acknowledged before me this of onth Year ignature of NOTARY PUBLIC 7 ON a 'i y coo r4bI L m �y Lm o 0 Mllom El E LL �N 0 r r l I r 00 -FA t� tj 0 i au� 0040 } L1 f4 Y" J J J J B J J J J u rn NOR l!J •I �It� L J L J Regular Council Meeting - August 5, 2V Page 151 of 211 11 IL 1 � � 3 i ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL Print fiorm AFFI DAVIT OF.PDSTI NG `. June 26 2014 04 Date of Posting: I tef Posting Removal: Avitia Federico Applicant Name: Business Address: 12104302 License #: Last 3682 W. orange Grove Road, Suite 146 Street First July 16, 2014 Middle Tucson (Marana) 85741 city Zip I hereby certifythat pursuant to A.R.S. § 4 -201, 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. _r .. ✓.... Print Name of city /County official Title Telephone # Signature DatSigned Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. Individuals requiring special accommodations please calf (602) 542 -9027 L 0119 412009 Regular Council Meeting - August 5, 2014 - Page 152 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Item B 1 Subject: Resolution No. 2014 -072: Relating to Boards, Commissions and Committees; appointing Daniel Contorno to the Town of Marana Personnel Action Review Board Discussion: The Town provides formal personnel action review to ensure that employees receive fair and equitable treatment and to provide an orderly procedure for resolving disciplinary actions. As part of the formal review process, employees may appeal certain disciplinary actions to the Personnel Action Review Board (PARB). The PARB is composed of five members, all of whom must be residents of Marana. PARB members are appointed by the Town Council at the Council's pleasure. All members serve in a voluntary capacity and receive no benefits from the Town. PARB appointment terms are four years and the number of terms an individual may serve is unlimited. The board currently has one vacancy that was created by the resignation of member Annie Hoffman on January 22, 2014. Pursuant to Marana Town Code Section 2- 6 -2(B) the current vacancy was posted as a public announcement and invitation for application on the Town's website and the bulletin boards used for posting public announcements at the Marana Municipal Complex and Marana Operations Center. The Town received an application from Daniel Contorno. Contorno's application materials have been attached for Council consideration. Pursuant to Town of Marana Personnel Policy Section 5 -7 -6, should Contorno be appointed to the board by the Council, he will serve out Hoffman's remaining term, through August 17, 2015. Pursuant to Section 2- 6 -2(E) of the Town Code, the Council may take one or more of the following actions regarding this appointment: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take any other action it deems appropriate. Financial Impact: None ATTACHMENTS: Name: Description: Type: Regular Council Meeting - August 5, 2014 - Page 153 of 211 D Reso. 2014 -072 appointing PARB member.doc Reso. 2014 -072 PARB Member Appointment Resolution D APP 20140723 PARB Applicatio and Addendum for Contorno, redacted PARB Application and Addendum for Daniel Backup (00038792).PDF Contorno Material Staff Recommendation: Staff recommends the appointment of Daniel Contorno to the PARB. Suggested Motion: I move to adopt Resolution No. 2014 -072; appointing Daniel Contorno to the Town of Marana Personnel Action Review Board to serve the remainder of Annie Hoffman's term, through August 17, 2015. Regular Council Meeting - August 5, 2014 - Page 154 of 211 MARANA RESOLUTION NO, 2014-072 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPOINTING DANIEL CONTORNO TO THE TOWN OF MARANA PERSONNEL ACTION REVIEW BOARD WHEREAS Chapter 5 of the Town of Marana Personnel Policies and Procedures establishes the Personnel Action Review Board (PARB) and sets forth the requirements for the appointment of members by the Town Council and the terms of the PARB members; and WHEREAS Annie Hoffman has recently resigned from the board; and WHEREAS the Mayor and Council find that appointment addressed by this resolution is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Daniel Contorno is appointed as a member of the PARB, to serve the remainder of Annie Hoffman's term, though August 17, 2015. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of August, 2014. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - August 5, 2014 - Page 155 of 211 ............. ...... From. noreply @civicplus.com [mailto:noreply@civicplus,com] Sent: Monday, July 14, 2014 1:51 PM To: clerk Subject: online Form Submittal: Commission or Board Member Application If you are having problems viewing this HTML email, click to view a "I "ext versi Commission r Board Member Application Commission or Board Application Please check the appropriate box [ ] Board of Adjustment Public Safety Personnel This application is for the * Citizens' Forum Retirement System [ i Planning Commission Xi Personnel Action Review Board [ ] Marana Municipal Property Corporation PLANNING COMMISSION The Marana Planning Commission is a 7- member advisory body appointed by the Marana Towr Council which makes recommendations to the Council on matters relating to zoning and land development, including the Marana General Plan (Marana's future vision for development) and applications for approval of rezoning cases, subdivision plats, development plans, and conditional uses, Scheduled meetings: 6:30 p.m. on she fourth Wednesday of each month in the Council Chambers. BOARD OF ADJUSTMENT The Marana Board of Adjustment is a 7- member quasi- judicial body of citizens whose main functions are (1) to hear and decide citizen appeals from the Zoning Administrator's interpretations of the Marana zoning regulations; and (2) to consider citizen requests for variances from Marana zoning regulations. Scheduled meetings: 2:00 p.m. on the second Tuesday of each month in the Council Chambers, PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM Responsibilities include attending Board meetings which occur according to need, but a minimum of two per year. Members make decisions on employee participation in the retirement system as well as approve retirements — normal as well as disability retirements. Meetings generally are held in the afternoon. MARANA CITIZENS' FORUM The Marana Citizens' Forum was established as an alternative to citizen advisory commissions to provide a timely and effective means for discussing current and relevant issues which can result in recommendations to Council for policy or procedural changes. Foram delegates are appointed for two -year terms. At -large delegates are recruited when vacancies occur. Each Forum session, comprised of four meetings, meets twice annually. PERSONNEL ACTION REVIEW BOARD This 5- member board was created to hear employee appeals of disciplinary action to terminate, reduce in pay, demote or suspend an employee without pay for more than 40 hours in a rolling 12 -month period. Interested applicants should have some background in employee relations. Terms are 4 years. MARANA MUNICIPAL PROPERTY CORPORATION The Marana Municipal Property Corporation was created to provide a vehicle through which the Town could finance the cost of acquiring, constructing, reconstructing or improving building, equipment and other real and personal properties suitable for use by and for leasing to the Town of Marana. The board consists of Council Members and 3 citizen members who reside within the town limits. The board meets on as as- needed basis. Terms are for 4 years. APPLICANTS—M.U.— BE ABLE TO COMMIT TO PREPARE FOR AND ATTEND SCHEDULED MEETINGS This application must be accompanied by a resume and any supporting document you believe might be relevant to the Council making a determination as to the appropriateness of the candidate. The Town will use this information when considering appointments. Please note that the Town's policy is not to share personal contact information when requested by private of public entities. However, this application is a public document and may be subject to the public disclosure if requested under the Arizona Regular Council Meeting - August 5, 2014 - Page 156 of 211 Pubic Records Law. Please upload your resume here, [ ] Convert to PDF ?[ (GIF, JPG, JPEG, PNG, DOC, DOCX, XLS, XLSX, First Name* Last Name Email Address"' Mailing Address' Street Address C State Zips How many years have you lived at this address ?~ How many years have you lived in Marana ?' Phone (Day)' Phone (Cell or Home ) Occupation* Employer' What is your vision for the Town ?* Please upload any other document here. [ 1 Convert to PDF ?[ ] TXT) (GIF, JPG, JPEG, PNG, DOC, DCCX, XLS, XLSX, TXT) Daniel Contorno What are some of the most important concerns or issues that you think the Town will have to face in the next 5 to 10 years ?� What do you see as the Town's best asset to bring visitors and new residents to the Town?" Please explain your professional background.' same Tucson Arizona 85743 15 41 CFO Marana Unified School District I have always been proud of the heritage and relationships found here in the Marana Area. Growing from small town to large town Trails and outdoor activities Started as business manager in 1992. For the last 8 years I have been serving as the CFO. Describe your experience in working with a Council- Served on a board for Police Officer displine. I can not recall the name of Appointed Board or Commission.' it, but we never had one case. Describe a time when you had to stand firm and make a Do the right thing and don't look back. tough or unpopular decision. If you are appointed by the Council, you will be representing I see Marana as one town. all of the Town of Marana in your decisions. Describe how you will maintain your objectivity in making decisions for locations other than your own residence." REFERENCES. List two people who know about your qualifications and interest. Name` Kim Bellew Address" Relationship Co Worker Day Phone" Name Doug Wilson, Ed. D. Address* Relationship Su erior, Boss Day Phone IMPORTANT LEGAL INFORMATION AND REQUIREMENTS FOR BOARD AND COMMISSION MEMBERS Anyone appointed to a Commission or Board by the Town Council is a "Public Official" per Arizona law and is obligated to adhere to related standards of conduct and ethics. In particular, the Town of Marana needs to be aware of any actual or potential conflict of interest that could occur if you are appointed to the Planning Commission or Board of Adjustment or Public Safety Personnel Retirement System List any financial or ownership interest you have or a relative has that will create a conflict of interest for you. This includes anything that you or a relative own or have a substantial financial stake in. There are several kinds of remote interests that do not create a conflict of interest and do not need to be included. For example, it is not a conflict of interest to participate in a decision about a corporation you or a relative own stock in, as long as you and/or your relatives own less than 3% of the shares of the corporation and get less than 5% of your and/or your relative's total annual income from it. It is also generally not a conflict of interest to participate in decisions about nonprofit corporations you volunteer for, a government entity you or a relative work for, your tenant or landlord, or a class of people that includes you. A relative includes your spouse, child, parent, grandparent, sibling, their spouses, and your spouse's parent, sibling or child. If you have questions about whether you or a relative have a financial or ownership interest that should be listed, please contact the Town Clerk or the Town Attorney. Name of Business Person with Interest Type of Interest Additional Information Have any of the above businesses conducted any business [ j No [ j Yes (e.g., supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? Regular Council Meeting - August 5, 2014 - Page 157 of 211 If yes, explain: Are you, a relative, or any member of your household an [X] No Yes employee of the Town of Marana ?' If yes, explain: List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venture or similar business relationship. I affirm that all of the information contained in this application is true to the best of my knowledge, and that I understand that any misstatement of fact or misrepresentation of credentials may result in this application being disqualified from further consideration. I also agree to abide by the Town's Code of Conduct and notify the Marana Town Clerk of any changes to this information. Electronic Signature* Dan Contorno Date 7/14/2014 indicates required fields. The following form was submitted via your website: Commission or Board Member ,Application Please check the appropriate box: This application is far the : Personnel Action Review I3oard Please upload your resume here.: No file was uploaded Please upload any other docurnent here:.: No file was uploaded First Name: Daniel Last Name: Contorno Email Address: Mailing Address: Street Address: same City: Tucson State: Arizona Zip: 85743 l - - low many years have you lived at this address ?: 15 1-low many years have you lived in Marana?. 41 Phone (Day): Phone (Cell or Horne): Occupation: CF 0 Employer: Marana Unified School District Regular Council Meeting - August 5, 2014 - Page 158 of 211 What is your vision f or the Town?: I have always been proud of the heritage and relationships found here in the Marana Area. What are some of the most important concerns or issues that you think the Town will have to face in the next 5 to 10 years ?: Growing; from small town to large town What do you see as the Town's best asset to bring visitors and new residents to the Town?: 1'rails and outdoor activities Please explain your professional background.: Started as business manager in 1.992. For the last 8 years I have been serving as the CFO. Describe your experience in working with a Council - Appointed Board or Commission.: Served on a board for Police Officer di spl i ne. I can not recall the narne of it, but we never had one case. Describe a time when you had to stand firm and make a tough or unpopular decision.: Do the right thing and don't loop back. If you are appointed by the Council., you will be representing all of the Town of Marana in your decisions. Describe how you will maintain your objectivity in making decisions for locations other than your own residence.: I see Marana as one town. Name: Kim Bellew Address : Relationship. Co worker Day Phone: Nan Doug Wilson, Ed.D. Address: Relationship: Superior, Boss Day Phone: Name of Business: Person with Interest: Type of Interest: Additional Information: Have any of the above businesses conducted any business (e.g., supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months ?: not checked If yes, explain:: 4 Regular Council Meeting - August 5, 2014 - Page 159 of 211 Are you, a relative, or any member of your household an employee of the Town of Marana ?: No If yes, explain :: list by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, joint venttire or similar business relationship. : Electronic Signature: Dan Contorno Date: 7/14/2014 Additional Information: Form submitted on: 7/14/2014 1:51:13 PM Submitted from IP Address: Referrer Page: No Referrer w Direct Link Form Address: ht : / /www.marana.com/Fori - ns.as x ?FID=93 Regular Council Meeting - August 5, 2014 - Page 160 of 211 From: Suzanne Machain Sent: Monday, Jule 14, 2014 3:22 PM To: Suzanne Machain Subject: FW. Town of Marana - Personnel Action Review Board From. Contorno, Dan Sent: Monday, July 14, 2014 3:18 PM To: Suzanne Machain Subject: RE: Town of Marana - Personnel Action Review Board Addendum to Personnel Action Review Board Application — Mr. Dan Contorno The Personnel Action Review Board (PARB) was established to review employee appeals of disciplinary actions resulting in termination, reduction in pay, demotion or suspension without pay greater than 40 hours in a rolling 12 -month period and review employee layoff actions as requested. 1. Describe your qualification for serving as a PARB member: As an Administrator at the Marana Unified School District, I have had the opportunity many times to sit in and listen to appeals of discipline. I was the appellate level for all discipline for Transportation, Maintenance and Food Service. 2. Why are you interested in serving as a PARB member? I was approached by Town Staff and thought it sounded like a good way to serve the community I owe so much to. Daniel J. Contorno, MBA Chief Financial officer Marana Unified School District NO 00 Regular Council Meeting - August 5, 2014 - Page 161 of 211 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Steven Cheslak, Planner II Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: Item A 1 The Marana Center Final Block Plat promotes the Strategic Plan II's Commerce Focus Area Initiative 6 through the creation of an economic development concept that will enable the development of the Twin Peaks Economic Activity Center as outlined in the Marana Economic Roadmap. Subject: Resolution No. 2014 -073: Relating to Development; approving the subdivision plat known as Marana Center Final Block Plat Parcels 1 -5 on 170.70 acres on the south side of Twin Peaks Road between Interstate 10 and Linda Vista Boulevard Discussion: Request Wood, Patel & Associates is requesting approval of the subdivision of land in order to create the Marana Center Final Block Plat. The plat consists of five parcels on 170.68 acres. Location The subject property is generally located on the south side of Twin Peaks Road between Interstate 10 and Linda Vista Boulevard. Zoning The zoning for the site is "F" - Marana Spectrum Specific Plan. The Specific Plan land use allows for a wide variety of commercial uses including the proposed Tucson Premium Outlets, a 400,000 square foot open -air outlet mall currently being developed by Simon Property Group. Transportation and Access Approval of this plat will provide all of the necessary right -of -way, dedicated to the Town, for the construction of Marana Center Boulevard. The road will commence at a new intersection east of Interstate 10 on Twin Peaks Road and then connect with Linda Vista Boulevard at a second, new intersection. The new road will provide two main points of access to the site and create internal driveway intersection locations. Other Information This plat is designed to accommodate the Tucson Premium Outlets development. The required subdivision assurances for this project will be a cash account funded out of the proceeds of the sale of the Tucson Premium Outlets parcel to Simon. Close of escrow on the Simon sale, creation of the cash assurance account, and the recording of this plat are anticipated to occur on the same day. ATTACHMENTS: Name: Description: Type: D Resolution 2014- 073 Marana Center FP.doc Reso. 2014 -073 Final Plat Marana Center Resolution D MC Application.0 Application Backup Material Regular Council Meeting - August 5, 2014 - Page 162 of 211 D MC Location Map.pdf Location Map Backup Material D Marana Center Final Plat 07- Marana Center Final Plat Backup Material 25-14. pd Staff Recommendation: Staff finds that the final plat is in compliance with the Marana Spectrum Specific Plan, the Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2014 -073, approving the subdivision plat known as Marana Center Final Block Plat Parcels 1 -5. Regular Council Meeting - August 5, 2014 - Page 163 of 211 MARANA RESOLUTION NO. 2014-073 RELATING TO DEVELOPMENT; APPROVING THE SUBDIVISION PLAT KNOWN AS MARANA CENTER FINAL BLOCK PLAT PARCELS 1 -5 ON 170.70 ACRES ON THE SOUTH SIDE OF TWIN PEAKS ROAD BETWEEN INTERSTATE 10 AND LINDA VISTA BOULEVARD WHEREAS the amended Marana Spectrum Specific Plan was approved by the Town Council on May 6, 2014, as Ordinance 2014.010; and WHEREAS, the applicant, Wood, Patel & Associates representing the property owners, has applied for approval of a final plat for Marana Center Final Block Plat, which consists of Parcels 1 through 5 on 170.70 acres and generally located on the south side of Twin Peaks Road between Interstate 10 and Linda Vista Boulevard, within portions of Section 15, 22 and 23, Township 12 South and Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 5, 2014, determined that the Final Block Plat for Marana Center, should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Block Plat for Marana Center, Parcels 1 through 5 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of August, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2013 -073 Regular Council Meeting - August 5, 2014 - Page 164 of 211 lid MARA PLANNING L ____ 1. TYPE OF APPLICATION (C One) F-1 Prelunina rY Plat ❑ ina Fl Plat E]Gvnerad Plan Amendment El Variance El OLandscape Devela P ment Plan ❑ SWPP Plan El Native Plant Permit 1:1 S p ecific Plan Amendment ❑ Conditional Use Permit [:]Rezone/ Specific Plan E]Native Plant Exception E:1 Significant Land Use Chan e Minor Land Division E]Annexation ❑ 1:1 Wa ter Plan � I ni p ro r e i nen t Pl i n Description of Proj t b ❑kl�er 2. GENERAL DATA REQUIRED Assessors Parcel General Plan Designation Nu [To be confirmed by staff] Gross Area (Acre,/SF) G 170.7o Acres 17,435,177 S.F Current Zoning (To be confir by staff) Pro osed Zonin P g Specific Plan PCZ - 8387 � Development/ Project Marano C enter r Name Project Location South East Corner of Interstate 10 & Twin Peaks Road Description of Project* Commercial, Retail and Mixed Use Development Property owner VP Marana 160, LLD Street Address 2502 E Camelback Road, Suite 214 State Zip Code Phone # Fax # E -Mail Address city Phoenix Az 85016 602 -459 -9931 no info @vintagevp.com Phone Number/ E -mail Contact Person Duane H u n n, P.E. 602 -459 -9931 1 duane @vintagevp.com Wood, Patel & Associates, Inc. A pp l ican t Street Address 2730 E Broadway Blvd, Ste 250 State Zip Code Phone # Fax # E -Mail Address City Tu Az 55715 520- 325 -7333 524 - 325 - 7338 Phone Number/ E -mail Contact Person Pat Marum, R E 520- 399 -60901 pmarum @woodpatel.com Ag Street Address City State Zip Code Phone # Fax # E -Mail Address Town of Marana Business Contact Person License No. 3. AUTHORIZATION OF PROPERTY OWN I, the undersigned, certify that all of the facts set forth in this application are true to the ­.r of my knowledge and that I am either the owner of the property or that I have been authorized in r i t i :1 ii). the ow ner to file L#a ppl lcah oi t and checklist. (Yf not owner of record, attach written authorization from the owner.) � { Duane Hunn 05-15-14 Print Name of Applicant/ Agent Si 9.11a t u re Date .* ..� L D ea cLo Date Received _ 6 _ Signature *�00 L CRW# - - - 11555 W. Civic Center Drive, Bld A2 ■Marana, AZ 85653 - 7003 ■ Telephon e (520) 382 - 260 0 ■ Fax (520) 382 -2641 Regular Council Meeting - August 5, 2014 - Page 165 of 211 Regular Council Meeting - August 5, 2014 - Page 166 of 211 Marana Center Final Block Plat ■ i CASE PRV-14013F f as '� • }����� � /lam :..�� � �� ,' I �� � J - - - - - - - � I I I � I II I I I ■ F - II \N 111INDA VISTA-,BL - - - - - - 1 Subject �ropert _ 4 1 1 ' E E _ UL - • 1 • 1 1 � 1 1 I Approval of a five lot subdivision final block plat for Marana Center Regular Council Meeting - August 5, 2014 - Page 166 of 211 El]A 1N 33N3nois svria xoo"M IvNid 11 U N H O tl N tl l_1 tl N - ¢ > >_._. _.__._. i...... _. -_ _. °D j j 1 n:.:. _�- _._,. �� ¢ N [if r $3 ¢ Q¢ p z J W O Z V) ?� Vi o¢ F U 000 I, j w? 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Commerce Item A 2 Strategic Plan Focus Area - Additional Information: The Commerce focus area of the Town of Marana Strategic Plan II includes Initiative 6, promoting development of the Tangerine Corridor Activity Center as outlined in the Marana Economic Roadmap Subject: Resolution No. 2014 -074: Relating to Utilities; approving and authorizing the Mayor to execute the Tangerine Business Park Public Water Infrastructure Participation Agreement and the Marana Technology Campus Public Water Infrastructure Participation and Water Service Agreement for construction of public water improvements in the Tangerine Corridor Economic Activity Center Discussion: The two agreements addressed by this agenda item facilitate the construction and installation of public water facilities in the vicinity of Tangerine Road and Breakers Road, to facilitate economic development in the Tangerine Corridor Activity Center. The owner and developer of the Tangerine Business Park development project is required to construct a water reservoir, booster station, and new well to serve the Tangerine Business Park development. The Tangerine Business Park developer's contribution toward the cost of the reservoir and booster station are held in a cash assurance account. The Tangerine Business Park developer's obligation to build the new well is covered by third party trust assurances that restrict the sale of any further lots in Tangerine Business Park until the well is installed. The Town desires to up -size the water facilities and to construct a 16 -inch water main to serve other development surrounding Tangerine Business Park. In particular, the owner of the Marana Technology Campus development has approached the Town, seeking water service for the Marana Technology Campus development and agreeing to contribute half of the cost of the upsized well (up to $123,750) to the Town and to construct the extension of the 16 -inch water main across the Marana Technology Campus property. The Marana Technology Campus agreement requires the Marana Technology Campus developer to deliver $123,750 to the Town before the August 5 Council meeting. If these two agreements are approved, the Town will take over the construction projects to install the upsized reservoir, booster station, and well, with a goal of completing the construction by the end of this year. The Tangerine Business Park developer's contribution of $466,000 toward the cost of the reservoir and booster station will be withdrawn from the cash assurance account toward this construction, and the Town will take a $171,612 deed of trust secured by the unsold Tangerine Business Park lots to secure the Tangerine Business Park developer's contribution toward the new well and certain cost overruns. Regular Council Meeting - August 5, 2014 - Page 175 of 211 These additional Tangerine Business Park developer contributions will be paid out of the proceeds of future Tangerine Business Park lot sales. The Marana Technology Campus agreement requires the Town to begin construction of a 16 -inch water main from the Tangerine Business Park water campus to the east boundary of the Marana Technology Campus property when a building permit is issued for a habitable structure on the Marana Technology Campus property, and to complete the water main construction by the time the building is completed. Financial Impact: The Town's funds to oversize the reservoir and booster station and to construct the 16 -inch water main are programmed in and taken from the Town's water development impact fees. Town funds needed to front a portion of the new well costs will be taken from contingency funds and reimbursed with proceeds of future Tangerine Business Park lot sales. ATTACHMENTS: Name: Description: Type: D Reso. 2014- Reso. 2014 -074 Tangerine Corridor Water 074Tangerine Bus Park and Marana Tech Campus agreements.docx Agreements Resolution 1) AGT 20140730 Tangerine Business Park water infrastructure (00038892).pdf Exh 1 to Reso_Tangerine Bus Park agreement Exhibit D AGT 20140730 Marana Technology Campus water infrastructure Exh 2 to Reso Tech Campus Exhibit (00038889).pdf agreement Staff Recommendation: Staff recommends adoption of Resolution 2014 -074, approving and authorizing the Mayor to execute the Tangerine Business Park Public Water Infrastructure Participation Agreement and the Marana Technology Campus Public Water Infrastructure Participation and Water Service Agreement for the construction of public water improvements in the Tangerine Corridor Economic Activity Center Suggested Motion: I move to adopt Resolution 2014 -074, approving and authorizing the Mayor to execute the agreements for construction of public water improvements in the Tangerine Corridor Economic Activity Center Regular Council Meeting - August 5, 2014 - Page 176 of 211 MARANA RESOLUTION NO. 2014-074 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE TANGERINE BUSINESS PARK PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT AND THE MARANA TECHNOLOGY CAMPUS PUBLIC WATER INFRASTRUCTURE PARTICIPATION AND WATER SERVICE AGREEMENT FOR CONSTRUCTION OF PUBLIC WATER IMPROVEMENTS IN THE TANGERINE CORRIDOR ECONOMIC ACTIVITY CENTER WHEREAS the owner and developer of the Tangerine Business Park development project is required to construct certain water facilities to serve the Tangerine Business Park development; and WHEREAS the Town desires to up -size the water facilities and to construct a 16 -inch water main to serve other development surrounding Tangerine Business Park; and WHEREAS the owner of the Marana Technology Campus development has approached the Town, seeking water service for the Marana Technology Campus development and agreeing to participate in certain related costs; and WHEREAS the Commerce focus area of the Town of Marana Strategic Plan II includes Initiative 6, promoting development of the Tangerine Corridor Activity Center as outlined in the Marana Economic Roadmap; and WHEREAS the Tangerine Business Park and Marana Technology Campus development projects are located within the Tangerine Corridor Activity Center; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the Town of Marana and its businesses and citizens are served by entering into the Tangerine Business Park Public Water Infrastructure Participation Agreement and the Marana Technology Campus Public Water Infrastructure Participation and Water Service Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Tangerine Business Park Public Water Infrastructure Participation Agreement attached to this resolution as Exhibit 1 and the Marana Technology Campus Public Water Infrastructure Participation and Water Service Agreement attached to this resolution as Exhibit 2 are hereby approved, and the Mayor is authorized to execute them for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, Resolution No. 2014 -074 - 1 - 7/29/2014 9:38 AM FJC Regular Council Meeting - August 5, 2014 - Page 177 of 211 obligations, conditions and objectives of the Tangerine Business Park Public Water Infrastructure Participation Agreement and the Marana Technology Campus Public Water Infrastructure Participation and Water Service Agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of August, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014 -074 -2- 7/29/2014 9:38 AM FJC Regular Council Meeting - August 5, 2014 - Page 178 of 211 PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT TOWN OF MARANA, ARIZONA (Tangerine Business Park) This Public Water Infrastructure Participation Agreement (this "Agreement ") is made and entered into by and between LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited liability company, as trustee under Trust 18206 -T only (the "Owner ") and the TOWN OF MARANA, an Arizona municipal corporation (the ""Town"). The Owner and the Town are sometimes collectively referred to in this Agreement as the "Parties," either of which is sometimes referred to as a "Party." RECITALS A. The Owner is the subdivider of the Tangerine Business Park subdivision, described in the plat recorded in the office of the Recorder of Pima County, Arizona, at sequence number 20120410281, and the owner of Blocks 1 through 4 and 6 through 10 of the Tangerine Business Park subdivision. B. The Owner is required to install and construct the subdivision infrastructure necessary to serve the Tangerine Business Park subdivision. C. The Owner has submitted assurances for the installation and construction of the Tangerine Business Park subdivision infrastructure, consisting of an "Agreement to Construct Subdivision Improvements/ Cash Account recorded in the office of the Recorder of Pima County, Arizona, at sequence number 20120410282 (the "Cash Assurances ") and an "Agreement to Construct Subdivision Improvements/ Third Party Trust recorded in the office of the Recorder of Pima County, Arizona, at sequence number 20120410283 (the "Third Party Trust Assurances ") . D. With the recording of the Tangerine Business Park subdivision plat, the Owner dedicated to the Town the 2.4 -acre parcel of land identified as Tangerine Business Park subdivision Parcel "A" for use as a well, booster station, and reservoir site. E. The subdivision infrastructure covered by the Cash Assurances include the installation of a reservoir and a booster station and the rehabilitation of an existing well to serve future development within the Tangerine Business Park subdivision. F. The subdivision infrastructure covered by the Third Party Trust Assurances include the water facilities described in subparagraph 4.a below, including the installation of a new well to serve future development within the Tangerine Business Park subdivision. G. The Town desires to up -size the reservoir and booster station covered by the Cash Assurances in order to serve other development surrounding Tangerine Business Park. H. The Town desires to increase the capacity of the new well covered by the Third Party Trust Assurances and to accelerate its construction and installation in order to serve other development surrounding Tangerine Business Park (within the X -Zone and Y -Zone) . 100038463.DOCX / 71 7/30/2014 9:48 AM FJC TANGERINE BUSINESS PARK PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -1- Regular Council Meeting - August 5, 2014 - Page 179 of 211 I. The Town's acceleration of the new well construction will eliminate the Owner's need to rehabilitate the existing well to satisfy the Town's requirements. J. Concurrently with this Agreement, the Town is entering into a related agreement with the owner of the Marana Technology Campus property, located approximately a quarter mile west of Tangerine Business Park. K. Among other things, the Marana Technology Campus agreement provides for the Town to design and construct a 16 -inch X -Zone water main extending a distance of about 1,650 feet from the Tangerine Business Park subdivision Parcel "A" well, booster station, and reservoir site to the eastern boundary of the Marana Technology Campus property. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: 1. Owner's release of engineering and design documents. The Owner will release and turn over to the Town all reservoir, booster station, and well engineering and design documents for existing and future water facilities to be constructed and installed on Tangerine Business Park subdivision Parcel "A." 2. Town design and construction of water facilities. The Town will design and construct a reservoir, a booster station, and a new well sized to serve the Tangerine Business Park subdivision and other development surrounding Tangerine Business Park. The design and construction shall proceed and be completed as promptly as practicable, giving due consideration to the Town's compliance with public procurement requirements. The Town will do its best to complete construction by January 1, 2015. Notwithstanding any other requirements, the Town or its general contractor shall obtain at least three competitive and qualified bids for the new upsized well, and shall fully disclose those bids to the Owner and to the Marana Technology Campus owner. 3. Town design and construction of offsite water main. The Town may design, but shall not begin construction or give notice to proceed with construction of, the 16 -inch X -Zone water main described in recital K above, until the earlier of the following: a. The issuance of a building permit for the construction of a habitable structure on the Marana Technology Campus property or on any other property that requires connection to the 16 -inch X -Zone water main for potable water or fire flow, or b. The second anniversary of the effective date of this Agreement. 4. Owner's obligation to pay certain reservoir and booster station costs. The Owner shall release and pay $466,120 to the Town out of the existing cash account established under the Cash Assurances toward the design ($23,870) and construction ($442,250) of the reservoir and booster station. The Parties agree and acknowledge that $466,120 is the amount the Owner would have paid to design, construct, and install a reservoir and a booster station and to rehabilitate the existing well to serve future development within the Tangerine Business Park subdivision. 5. Owner's obligation to pay certain reservoir and booster station cost overruns. The Parties currently estimate that the design and construction of the oversized reservoir and oversized booster station will cost $746,750, of which $280,630 will be paid by the Town and $466,120 will be paid by the Owner. The Owner shall reimburse the Town 62.4% ($466,120/$746,750, rounded) of the cost of any and all oversized reservoir and oversized booster station cost overruns, up to a 100038463.DOCX / 71 7/30/2014 9:48 AM FJC TANGERINE BUSINESS PARK PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -2- Regular Council Meeting - August 5, 2014 - Page 180 of 211 maximum of $46,612. The Owner shall pay this amount within 30 days after close of escrow of the sale of any of the property subject to the Third Party Trust Assurances. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. For purposes of this paragraph, "oversized reservoir and oversized booster station cost overruns" means unforeseen costs directly resulting from the discovery of subsurface or latent physical conditions, including archaeological or cultural features, differing materially from those indicated in the construction documents, or conditions and circumstances of an unusual nature that differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the construction contract documents, and which directly impact the cost of installation and construction of the reservoir, booster station, and water campus site wall as contemplated by the Parties at the time this Agreement is executed, and does not include extra costs associated with features, capacity, items, etc., added to the reservoir, booster station, or water campus by or at the request of the Town or third parties. If the Parties disagree about whether the Owner is obligated to share in the cost of a particular cost overrun, the following descriptions of the particular work contemplated by the Parties at the time this Agreement is executed shall be used to resolve the disagreement: a. Water facilities the Owner would have been required to install before this Agreement. A new potable water production facility to include: (1) A new 270,000 - gallon reservoir (2) A 1,700 - gallon per minute (gpm) pre - packaged booster station with shade structure (3) A 122 gpm production well (4) A primary power service with transformer pad (5) A shaded control rack with remote telemetry unit (RTU) (6) Provisions for backup power including generator connection plugs and transfer switch (7) A new block site wall (8) All site work and over - excavation and compaction improvements required to prepare the site for construction (9) All construction per American Water Works Association (AWWA) standards (10) All construction in conformance with Arizona Department of Environmental Quality (ADEQ) requirements for potable water b. Oversized water facilities being constructed by the Town pursuant to this Agreement. A new potable water production facility to include: (1) A new 500,000 - gallon reservoir (2) A 2,000 gpm pre - packaged booster station with shade structure (3) A 200 gpm production well (4) Larger site footprint to accommodate the larger facilities 100038463.DOCX / 71 7/30/2014 9:48 AM FJC TANGERINE BUSINESS PARK PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -3- Regular Council Meeting - August 5, 2014 - Page 181 of 211 (5) A primary power service with transformer pad (6) A shaded control rack with remote telemetry unit (RTU) (7) Provisions for backup power including generator connection plugs and transfer switch (8) A new block site wall for larger site footprint (9) All site work and over - excavation and compaction improvements required to prepare the larger site for construction (10) All construction per AWWA standards (11) All construction in conformance with ADEQ requirements for potable water 6. Owner's obligation to pay certain new well costs. The Parties currently estimate that the new oversized well will cost $225,000 for design ($25,000) and construction ($200,000). The Owner shall pay the Town half of the total design and construction cost of the new oversized well, up to a maximum of $125,000. The Parties agree and acknowledge that $125,000 is the amount the Owner would have paid to design, construct, and install the new well, if it were sized only to serve future development within the Tangerine Business Park subdivision. 7. Time for the Owner's payment of reservoir and booster station cost overruns and new well costs; interest. The Owner shall pay the reservoir and booster station cost overruns described in paragraph 4 above and the new well costs described in paragraph 5 above within 30 days after close of escrow of the sale of any of the property subject to the Third Party Trust Assurances. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 8. Security for Owner's obligations under this agreement; title insurance; release and reconveyance. The Owner's obligations under this Agreement, including without limitation the Owner's obligations under paragraphs 4 and 5 above, shall be secured by a deed of trust in the amount of $171,612 in favor of the Town recorded in the office of the Recorder of Pima County, Arizona, in substantially the form attached as Exhibit A to this Agreement. The Owner shall pay for and provide the Town with updated title work and a policy of title insurance in the face amount of $171,612 before and as a condition of the Town's execution of this Agreement. The Town shall promptly record a deed of release and full reconveyance, releasing the deed of trust, upon the Owner's payment of all sums due under paragraphs 4 and 5 above, plus the Trustee's fees for preparation of the deed of release and full reconveyance (currently $114.50) . 9. Notices. Any notice required under this Agreement shall be complete when sent via First Class Mail or hand delivered to the following addresses. Any Party may change their address for purposes of notice under this Agreement by mailing a notice of change of address to the other Party. Owner: Landmark Title Trust 18206 -T Rancho Palomita Advisors, L.L.C. c/o Richard A. Spross, Manager P.O. Box 64182 Tucson, AZ 85728 100038463.DOCX / 71 7/30/2014 9:48 AM FJC TANGERINE BUSINESS PARK PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -4- Regular Council Meeting - August 5, 2014 - Page 182 of 211 Town: Town of Marana c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 10. Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 11. Court costs and reasonable attorneys' fees to prevailing Party in dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be entitled to all court costs and reasonable attorneys' fees incurred in enforcing or establishing its rights under this Agreement. 12. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 13. Cancellation for conflicts. This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 14. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 15. Effective date of agreement. The date of this Agreement (the "Effective Date ") shall for all purposes be August 6, 2014, or the signature date of the Mayor's signature on this Agreement, whichever is later. The "Owner ": The "Town ": LANDMARK TITLE ASSURANCE AGENCY OF TOWN OF MARANA, an Arizona municipal ARIZONA, LLC, an Arizona limited liability corporation company, as trustee under Trust 18206 -T only 0 Its: Loom Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk 100038463.DOCX / 71 7/30/2014 9:48 AM FJC TANGERINE BUSINESS PARK PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -5- Regular Council Meeting - August 5, 2014 - Page 183 of 211 APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 2014, by the of LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited liability company, as trustee under Trust 18206 -T only. (Seal) Notary Public 100038463.DOCX / 71 7/30/2014 9:48 AM FJC TANGERINE BUSINESS PARK PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -6- Regular Council Meeting - August 5, 2014 - Page 184 of 211 RECORDING REQUESTED BY Town of Marana WHEN RECORDED MAIL TO: MARANA LEGAL DEPARTMENT 11555 W CIVIC CENTER DR MARANA, AZ 85653 SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS Date: August 6, 2014 Trustor: LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA LLC, an Arizona limited liability company, as trustee under Trust 18206 -T Whose Address is: c/o Richard A. Spross P.O. Box 64182 Tucson, AZ 85728 Beneficiary: Town of Marana Whose Address is: c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 Trustee: Fidelity National Title Agency, 6245 E. Broadway, Ste 200, Tucson, AZ 85711 Property in Pima County, State of Arizona, described as: Blocks 1 through 4 and 6 through 10 of Tangerine Business Park subdivision, according to the plat recorded in the office of the Recorder of Pima County, Arizona, at sequence number 20120410281. together with all buildings, improvements and fixtures on the Property (collectively, the "Property "). This Deed of Trust is entered into by the Trustor, Trustee and Beneficiary. Trustor irrevocably grants and conveys to Trustee in Trust, with Power of Sale, the Property, together with leases, rents, issues, profits, or income generated by the Property (collectively, the "Property Income ") SUBJECT, HOWEVER, to the right, power, and authority given to and conferred upon Beneficiary to collect and apply the Property Income; AND SUBJECT TO existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way, and easements of record. This Deed of Trust has been granted to secure: 1) performance of each agreement of Trustor contained in this Deed of Trust; and 2) payment of the indebtedness by Trustor in favor of Beneficiary set forth in the "Public Water Infrastructure Participation Agreement" between the Trustor and the Beneficiary dated August 6, 2014, in the principal sum of 171 . {00038492.DOCX / 31 Regular c WbifieAV- Ro�q� Wr bpg#ire Participation Agreement (Tangerine Business Park) Town of Mara na /Tangerine Business Park Public Water Infrastructure Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 2 TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: (1) To keep the Property in good condition and repair; not to remove or demolish any building on the Property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property and to pay when due all claims for labor performed and materials furnished in connection with the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer or permit any act upon the Property in violation of law; and do all other acts which from the character or use of the Property may be reasonably necessary, any specific enumerations in this Deed of Trust not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust in any order Beneficiary may determine, or at the option of Beneficiary the entire amount or any part of any insurance proceeds may be released to Trustor. Any application or release of insurance proceeds will not cure or waive any default or notice of trustee's sale under this Deed of Trust or invalidate any act done pursuant to the notice. (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; including the cost of evidence of title and attorney's fees in a reasonable sum, in any action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. (4) To pay, before delinquent, all taxes, assessments, encumbrances and liens affecting the Property, with interest, that appear to be prior or superior to this Deed of Trust, and all costs, fees and expenses of this Trust, including without limitation the fees of Trustee for issuance of any Deed of Partial Release and Partial Reconveyance or Deed of Release and Full Reconveyance, and all lawful charges, costs, and expenses in the event of reinstatement of the obligations secured by this Deed of Trust. (5) If Trustor fails to make any payment or do any act required by this Deed of Trust, Beneficiary or Trustee may (but are not obligated to) make the payment or perform the act without further notice to or demand of Trustor and Beneficiary's or Trustee's payment or action does not release Trustor from Trustor's obligations under this Deed of Trust. Beneficiary and Trustee are authorized to enter upon the Property to take any action required of Trustor; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay, purchase, contest or compromise any encumbrance, charge or lien which appears to be prior or superior to this Deed of Trust. (6) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions of this Deed of Trust, including reasonable attorneys' fees, together with interest from the date of expenditure at the greater of the rate provided for in the agreement secured by this Deed of Trust or the highest legal rate. Any amounts {00038492.DOCX / 31 Regular c WbifieAV- R0�q� Wr bV Participation Agreement (Tangerine Business Park) Town of Mara na /Tangerine Business Park Public Water Infrastructure Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 3 paid by Beneficiary or Trustee will become part of the debt secured by this Deed of Trust and a lien on the Property or immediately due and payable at the option of Beneficiary or Trustee. IT IS MUTUALLY AGREED: (7) That any award of damages in connection with any condemnation or governmental taking, for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is assigned and will be paid to Beneficiary as further security for all obligations secured by this Deed of Trust. Beneficiary may hold these damages as further security or apply or release them in the same manner and with the same effect as provided for disposition of proceeds of fire or other insurance in Section 2 of this Deed of Trust. Trustor retains the right to sue for the damages set forth in this Section. (8) That time is of the essence of this Deed of Trust, and that by accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive Beneficiary's right either to require prompt payment when due of all other sums secured by this Deed of Trust or to declare default for untimely payment. (9) That at any time, without notice, upon written request of Beneficiary, Trustee may: (a) release and reconvey all or any part of the Property; (b) consent to the making and /or recording of any map or plat of the Property or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien or encumbrance of this Deed of Trust. Trustee's actions pursuant to this Section are taken without liability to Trustee and will not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust or the encumbrance by this Deed of Trust on all Property remaining subject to this Deed of Trust. No sum representing the value of any portion of the Property that is affected by the Trustee's action must be credited on the indebtedness secured by the Deed of Trust unless the sum is received by Trustee. (10) That upon written request of Beneficiary stating that all sums secured by this Deed of Trust have been paid, , and upon payment of Trustee's fees, Trustee will release and reconvey, without covenant of warranty, express or implied, the Property then encumbered by the Deed of Trust. The recitals in this reconveyance of any matters or facts will be conclusive proof of their truthfulness. The Grantee in this reconveyance may be described as "the person or persons legally entitled thereto." (11) That as additional security for payment and performance of the obligations secured by this Deed of Trust, Trustor gives Beneficiary the right, power and authority to collect all income generated by the Property at any time that Trustor is in default in payment of any indebtedness secured by this Deed of Trust or in performance of any other provision of this Deed of Trust. When Trustor is in default, Beneficiary may enter upon and take possession of the Property or any part of the Property, without notice to Trustor, and may sue for or otherwise collect any income generated by the Property, including past due and unpaid rents. Beneficiary may apply the income actually collected, less costs and expenses of collection, including reasonable attorney's fees, {00038492. DOCX / 31 Regular cier ��,►b��'P�re Participation Agreement (Tangerine Business Park) Town of Mara na /Tangerine Business Park Public Water Infrastructure Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 4 upon any indebtedness secured by this Deed of Trust in any order Beneficiary may determine. None of the actions taken by Beneficiary pursuant to this Section 10 will cure or waive any default or notice of trustee's sale under this Deed of Trust or invalidate any act done pursuant to notice of trustee's sale. (12) That upon default by Trustor in payment of any indebtedness secured by this Deed of Trust or in performance of any provision of this Deed of Trust, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration setting forth the Trustor's default and may demand that the Property be sold pursuant to a trustee's sale. Beneficiary will also deposit with Trustee this Deed of Trust and all documents evidencing expenditures secured by this Deed of Trust. (13) Trustee will record and give notice of trustee's sale in the manner required by law. Trustee will sell, in the manner required by law, the Property at public auction at the time and place fixed in the notice of trustee's sale to the highest bidder for lawful money of the United States, payable at time of sale. Trustee may postpone or continue the sale by giving notice of postponement or continuance by public declaration at the time and place last appointed for the sale. Trustee will deliver to the purchaser its deed conveying the property so sold, but without any covenant or warranty, expressed or implied. Any person, including Trustor, Trustee, or Beneficiary may purchase at the trustee's sale. (14) After deducting all costs, fees and expenses of Trustee and of this Trust, including the cost of evidence of title in connection with sale and reasonable attorney's fees of Trustee, Trustee will apply the proceeds of sale to payment of all sums then secured by this Deed of Trust including all other sums due under the terms of this Deed of Trust. To the extent permitted by law, an action may be maintained by Beneficiary to recover a deficiency judgment for any balance remaining unsatisfied after application of the proceeds of the trustee's sale. (15) In lieu of sale pursuant to the power of sale conferred by this Deed of Trust, this Deed of Trust may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. Beneficiary also retains all other rights and remedies available to it at law or in equity. All rights and remedies are cumulative. (16) That Beneficiary may appoint a successor Trustee in the manner prescribed by law. A successor Trustee will, without conveyance from the predecessor Trustee, succeed to all the predecessor's title, estate, rights, powers and duties. Trustee may resign by mailing or delivering notice of resignation to Beneficiary and Trustor. (17) That this Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors and assigns. Whenever the context requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. (18) Trustee is not obligated to notify any party to this Deed of Trust of a pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee are a party. Trustor requests that a copy of any notice of trustee's sale under {00038492.DOCX / 31 Regular c WbifieAV- RO�q� Wr bV Participation Agreement (Tangerine Business Park) Town of Mara na /Tangerine Business Park Public Water Infrastructure Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 5 this Deed of Trust be mailed to Trustor at the address set forth in the introductory section of this Deed of Trust . Trustor: LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited liability company, as trustee under Trust 18206 -T only Its: NOTARY ACKNOWLEDGMENT(S) TO DEED OF TRUST AND ASSIGNMENT OF RENTS State of County of } ss: The foregoing instrument was acknowledged before me this day of , 2014 by , the of LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA LLC, an Arizona limited liability company, as trustee under Trust 18206 -T only. (Seal) Notary Public My commission expires: {00038492.DOCX / 31 Regular c WbifieAV- R0�q� Wr bV Participation Agreement (Tangerine Business Park) PUBLIC WATER INFRASTRUCTURE PARTICIPATION AND WATER SERVICE AGREEMENT TOWN OF MARANA, ARIZONA (Marana Technology Campus) This Public Water Infrastructure Participation and Water Service Agreement (this "Agreement ") is made and entered into by and between MARANA TECHNOLOGY CAMPUS, L.L.C., an Arizona limited liability company; NORTHWEST STORAGE, L.L.C., an Arizona limited liability company; and the TOWN OF MARANA, an Arizona municipal corporation (the "'Town"). MARANA TECHNOLOGY CAMPUS, L.L.C. and NORTHWEST STORAGE, L.L.C. are collectively referred to as the "Owners." The Owners and the Town are sometimes collectively referred to in this Agreement as the "Parties," either of which is sometimes referred to as a "Party." RECITALS A. The Owners own approximately 23.9 acres of land located in Marana, located at 8037 and 8041 West Tangerine Road; identified as Pima County Assessor's parcel numbers 216 -08 -0030, 216 -08 -0070, and 216 -08 -0080; and legally described on Exhibit A attached to this Agreement (the "Marana Technology Campus ") . B. The Owners need potable water service and 1,500 gallons per minute (gpm) maximum fire flow sufficient to serve anticipated future development of the Marana Technology Campus. C. The Town and the developer of the Tangerine Business Park subdivision, located about a quarter mile east of the Marana Technology Campus, have entered into a Public Water Infrastructure Participation Agreement (the "Tangerine Business Park Agreement ") that facilitates the construction of a water reservoir and a new well, both of which are being sized with sufficient capacity to serve other surrounding development, including the Marana Technology Campus. The water reservoir and new well are being constructed on a 2.4 -acre parcel of land identified as Parcel "A" of the Tangerine Business Park subdivision plat, recorded in the office of the Recorder of Pima County, Arizona, at sequence number 20120410281. The water reservoir, new well, and Tangerine Business Park Parcel "A" are collectively referred to in this Agreement as the "Tangerine Business Park water plant." D. This Agreement is intended to facilitate the Owners' fair-share participation in the cost of the new well addressed by the Tangerine Business Park Agreement, and to facilitate the construction of a 16 -inch pipeline from the Tangerine Business Park water plant to the western boundary of the Marana Technology Campus. E. The Owners desire confirmation of their right to water service from the Town upon satisfaction of their obligations under this Agreement, and representations of any and all Town - required fees and charges associated with water service to the Marana Technology Campus and with satisfaction of the Owners' obligations under this Agreement. 100038483.DOCX / 71 7/30/2014 9:26 AM FJC MARANA TECHNOLOGY CAMPUS PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT - 1 - Regular Council Meeting - August 5, 2014 - Page 190 of 211 AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: 1. Town design and construction of reservoir and new well. The Town will design and construct a reservoir and a new well at the Tangerine Business Park water plant, sized to serve the Marana Technology Campus (X -Zone) and other development surrounding Tangerine Business Park (Y-Zone). The design and construction shall proceed and be completed as promptly as practicable, giving due consideration to the Town's compliance with public procurement requirements. The Town will do its best to complete construction by January 1, 2015. 2. Town design and construction of 16 -inch X -Zone water main. The Town will design and construct a 16 -inch X -Zone water main from the Tangerine Business Park water plant to the eastern boundary of the Marana Technology Campus (the "Town- Constructed Water Main "). The Town will design, but is not obligated to begin construction or give notice to proceed with construction of, the Town - Constructed Water Main, until the issuance of a building permit for the construction of a habitable structure on the Marana Technology Campus property. The Town shall complete construction of the Town - Constructed Water Main on or before substantial completion of the construction of the first habitable structure on the Marana Technology Campus property. The design and construction of the Town - Constructed Water Main shall comply with public procurement requirements. 3. Owners' obligation to design and construct the water main on the Marana Technology Campus frontage. Before the Town provides potable water service and 1,500 gpm maximum fire flow to the Marana Technology Campus, the Owners shall design and construct all of the following: a. An approximately 970 linear foot 16 -inch PVC X -Zone water main along the Marana Technology Campus frontage, from the western terminus of the Town - Constructed Water Main to the western boundary of the Marana Technology Campus. b. A 16 -inch valve, box and cover. c. A tie -in to the Town - Constructed Water Main. d. A 2 -inch drain valve assembly at the western terminus of the water main referenced in subparagraph 3.a above, for future connections. 4. Owners' obligation to pay certain new well costs. Upon the Owners' execution of this Agreement, the Owners shall pay the Town $123,750 for the Owners' fair-share contribution toward the design and construction cost of the new well at the Tangerine Business Park well and reservoir site. The Parties currently estimate that the total cost for design and construction of the new well at the Tangerine Business Park well and reservoir site will be $225,000. Within 30 days after the Towns completion of the new well, the Town shall reimburse the Owners the difference (if any) between the Owners' $123,750 contribution and half of the total design and construction cost of the new oversized well. The new well consists of the following components: a. A 200 gpm production well b. A primary power service with transformer pad c. A shaded control rack with remote telemetry unit (RTU) 100038483.DOCX / 71 7/30/2014 9:26 AM FJC MARANA TECHNOLOGY CAMPUS PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -2- Regular Council Meeting - August 5, 2014 - Page 191 of 211 d. Provisions for backup power including generator connection plugs and transfer switch e. A new block site wall f. All site work and over - excavation and compaction improvements required to prepare the site for construction g. All construction per American Water Works Association standards h. All construction in conformance with Arizona Department of Environmental Quality requirements for potable water 5. Owners' right to water service. After the Town has completed construction and installation of the water facilities contemplated in paragraphs 1 and 2 above and upon the Owners' satisfaction of their obligations under paragraphs 3 and 4 above and subject to payment of all Town fees and charges set forth in paragraph 6 below, the Town shall provide water service to current and future development of the Marana Technology Campus. Nothing in this Agreement precludes the Town from requesting additional water supply infrastructure as a condition to serve a future high- volume water user at the Marana Technology Campus. 6. Applicable Town fees and charges. The Town represents that, as of the effective date of this Agreement, the following are all and the only current fees and charges associated with water service to the Marana Technology Campus and associated with satisfaction of the Owners' obligations under this Agreement. Nothing in this paragraph shall in any way restrict the Town's authority to adopt or revise any of these fees or charges as provided by law and to apply them to the Marana Technology Campus. a. Right -of -way use permit fees (for the work referenced in paragraph 3 above that is located within the public right -of -way): (1) Base fee: $100 per submittal (2) Traffic control plan check fee: $50 per submittal (3) Construction plan check fee: 2% of cost of construction per submittal (4) Extension fee: $50 per extension (first extension is free) (5) Late fee: $1,500 plus double the permit fee (when permit is obtained after construction has already started) (6) Weekly inspection fee: greater of 2% of construction cost or $200 per week b. Utilities preliminary plat/ development plan review fees: (1) Base fee: $200 per submittal (2) Sheet fee: $75 per sheet (3) Additional submittals review fee (after the second submittal): $100 per submittal (4) Additional submittals sheet fee (after the second submittal): $37.50 per sheet c. Marana Water Form A permit fees: (1) Base fee: $100 per submittal 100038483.DOCX / 71 7/30/2014 9:26 AM FJC MARANA TECHNOLOGY CAMPUS PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -3- Regular Council Meeting - August 5, 2014 - Page 192 of 211 (2) Construction cost fee: Greater of $1,000 or 2.5 % of the construction cost (3) Violation fee: Double the permit fee per violation d. Utilities new service establishment fee: $90 per customer ($142.50 for same -day establishment) e. Utilities new service refundable deposit fee: From $130 per meter for 5 /8" meters to $1,040 for 2" meters; higher for larger meters f. Utilities new service refundable deposit fee, hydrant meter: $1,300 per meter (typically used for water needed during onsite construction) g. Utilities miscellaneous backf low prevention and cross - connection permit fee: $80 per permit (applies to any backflow prevention and cross - connection- related permit not covered under another fee) h. New water meter fees: From $360 per meter for 5 /8" meters to $1,840 per meter for 2" meters; higher for larger meters i. Water infrastructure development impact fee (North Marana benefit area) : From $2,122 per meter for 5 /8" meters to $16,979 per meter for 2" meters; higher for larger meters j. Water resource development impact fee: From $1,771 per meter for 5 /8" meters to $14,170 per meter for 2" meters; higher for larger meters k. Monthly water meter base rate: From $16.18 per meter for 5 /8" and 3 /4" meters to $49.69 per meter for 2" meters; higher for larger meters 1. Water rate (commercial and industrial) : $ 3.24 per 1,000 gallons m. Groundwater resource/ acquisition fee: $0.43 per 1,000 gallons n. Water hydraulic modeling review fee: Greater of $1,500 per submittal or actual outside consultant cost (note: this fee is not applicable to the infrastructure contemplated by this Agreement or to the two buildings and tower contemplated as the initial Marana Technology Campus development at the time this Agreement is being executed) o. Town of Marana construction sales tax: 4% 7. Notices. Any notice required under this Agreement shall be complete when sent via First Class Mail or hand delivered to the following addresses. Any Party may change their address for purposes of notice under this Agreement by mailing a notice of change of address to the other Party. Owners: MARANA TECHNOLOGY CAMPUS, L.L.C. c/o Douglas J. Gratzer, Member 911 West Grant Road Tucson, AZ 85705 NORTHWEST STORAGE, L.L.C. c/o Douglas J. Gratzer, Member 911 West Grant Road Tucson, AZ 85705 100038483.DOCX / 71 7/30/2014 9:26 AM FJC MARANA TECHNOLOGY CAMPUS PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -4- Regular Council Meeting - August 5, 2014 - Page 193 of 211 Town: Town of Marana c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 8. Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 9. Court costs and reasonable attorneys' fees to prevailing Party in dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be entitled to all court costs and reasonable attorneys' fees incurred in enforcing or establishing its rights under this Agreement. 10. Cancellation for conflicts. This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 11. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 12. Effective date of agreement. The date of this Agreement (the "Effective Date ") shall for all purposes be August 6, 2014, or the signature date of the Mayor's signature on this Agreement, whichever is later. The "Owners ": MARANA TECHNOLOGY CAMPUS, L.L.C., an Arizona limited liability company Douglas J. Gratzer, Member The "Town ": TOWN OF MARANA, an Arizona municipal corporation RIS Ed Honea, Mayor Date: NORTHWEST STORAGE, L.L.C., an Arizona ATTEST: limited liability company Jocelyn C. Bronson, Town Clerk Douglas J. Gratzer, Member APPROVED AS TO FORM: Frank Cassidy, Town Attorney 100038483.DOCX / 71 7/30/2014 9:26 AM FJC MARANA TECHNOLOGY CAMPUS PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -5- Regular Council Meeting - August 5, 2014 - Page 194 of 211 STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 2014, by Douglas J. Gratzer, Member of MARANA TECHNOLOGY CAMPUS, L.L.C., an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 2014, by Douglas J. Gratzer, Member of NORTHWEST STORAGE, L.L.C., an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public 100038483.DOCX / 71 7/30/2014 9:26 AM FJC MARANA TECHNOLOGY CAMPUS PUBLIC WATER INFRASTRUCTURE PARTICIPATION AGREEMENT -6- Regular Council Meeting - August 5, 2014 - Page 195 of 211 February 10, 2 WLB No. 133033 xxx 1003 WALEGA S\ 13 33 OT 2.do T rout 'W19ZIT A LEGAL DESCRIPTION FOR MARANA TECHNOLOGY CAMPUS portion of the Northeast Quarter of Section 5, Township 12 South, Range 12 East, Gila and Salt Rigor Base and Meridian, Pima County, AZ described as follows: Parcel 1 The Northeast quarter a nd the West half of the Northwest q uarter of Lot 2 of Section 5, To wnship 2 South, Range 12 East, Gila and salt River Meridian, Pima County, Arizona. Parcel 2 The East Half of the West Half of the South Half of Lot 2 of Section 5, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. Parcel 3 The North Half of the East Half of the south Half of Lot 2 of Section 5, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Prepared By THE WGROUP, INC. Peter D. Cote RS 4412 Page 1 of A l 44 PET 0 COTE d, �... a EXPIRES 3 - 31 -2015 Regular Council Meeting - AelguiAr�,'M12101;PagRea 964 &04113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, August 5, 2014, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Progress and Innovation Item A 3 Strategic Plan Focus Area - Additional Information: Initiative 2: Develop partnerships, policies, and programs for the effective use of taxpayer resources Subject: Resolution No. 2014 -075: Relating to Public Works; approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road -- Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project Discussion: Town staff has been approached by the developer of the Tangerine Ridge development project, located along the south side of Tangerine Road east of Twin Peaks Road, seeking to modify the upcoming Tangerine Road -- Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project to include a right turn lane for the Tangerine Ridge development project. In response to the Tangerine Ridge developer's request, Town staff has developed a "Public Improvement Participation Agreement" that requires (1) up -front payment of all design costs associated with the modification of the Tangerine Road plans to accommodate the Tangerine Ridge right turn lane and (2) security in the form of a first deed of trust on the Tangerine Ridge property to ensure the developer's payment of all construction costs. The Tangerine Ridge developer has signed the proposed agreement, tendered payment of the design costs, and delivered the original deed of trust to ensure payment of the construction costs. Financial Impact: Town staff anticipates that this agreement will have no direct financial impact on the Town. All Town costs associated with designing and building the Tangerine Ridge right turn lane are covered by the developer under this agreement. ATTACHMENTS: Name: Description: Type: D Reso. 2014- 075 Tangerine Ridge Right Turn Lane PIPA.docx Reso. 2014 -075 Tangerine Ridge Right Turn Lane PIPA Resolution D Trust Executed Participation Agmt 7 3 14.0 Exh A to Reso Ridge PIPA Exhibit Regular Council Meeting - August 5, 2014 - Page 197 of 211 Staff Recommendation: Staff recommends adoption of Resolution 2014 -075, approving the Public Improvement Participation Agreement for the construction of the Tangerine Ridge right turn lane as part of the Tangerine Road public works project. Suggested Motion: I move to adopt Resolution 2014 -075, approving the Public Improvement Participation Agreement for the construction of the Tangerine Ridge right turn lane as part of the Tangerine Road public works proj ect. Regular Council Meeting - August 5, 2014 - Page 198 of 211 MARANA RESOLUTION NO. 2014-075 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT FOR THE CONSTRUCTION OF A RIGHT TURN LANE FOR THE TANGERINE RIDGE DEVELOPMENT PROJECT AS PART OF THE TANGERINE ROAD DOVE MOUNTAIN N BOULEVARD /TWIN PEAKS ROAD TO LA CANADA DRIVE PUBLIC WORKS PROJECT WHEREAS the Town has been identified by the Regional Transportation Authority of Pima County as the "Lead Agency" for the proposed roadway improvements for Tangerine Road from Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive; and WHEREAS the developer of the Tangerine Ridge development project, which lies adjacent to the Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project, has requested the Town to construct a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road public works project; and WHEREAS Town staff has negotiated an agreement with the developer of the Tangerine Ridge development project to assure developer payment of all design and construction costs associated with the construction of the Tangerine Ridge right turn lane as part of the Tangerine Road public works project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the construction of the Tangerine Ridge right turn lane as part of the Tangerine Road public works proj ect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement for the construction of a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project, 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 authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. Resolution No. 2014 -075 - 1 - 7/23/2014 1:45 PM FJC Regular Council Meeting - August 5, 2014 - Page 199 of 211 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of August, 2014. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014 -075 -2- 7/23/2014 1:45 PM FJC Regular Council Meeting - August 5, 2014 - Page 200 of 211 PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT TOWN OF MARANA, ARI ZONA This Public Improvement Participation Agreement (this "Agreement is made and entered into by and between LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited liability company, as trustee under Trust 18227 -T only (the "owner ") and the TOWN of MARANA, an Arizona municipal corporation (the "Town""). The owner and the Town are sometimes collectively referred to h1 this Agreement as the "Parties," either of which is sometimes referred to as a "Party." RECITALS A. The Town has entered Into an intergovernmental agreement with the Regional Transportation Authority of Pima County (the "RTA ") to facilitate the preparation of construction design drawings and the acquisition of right-of-way needed for the construction of improvements to Tangerine Road - Twh Peaks Road to La Canada Drive (the "Project "). B. The Town has been identified by the RTA as the Lead Agency for the Project and will be responsible for all aspects of project implementation, including construction, which is anticipated to commence in Fiscal Year 2016. C. The owner ovens the land described in Exhibit A attached to this Agreement and referred to in this Agreement as Tangerine Ridge. D. A portion of Tangerine Ridge is bordered on the north by a segment of Tangerine Road being reconstructed by the Project. E. The owner is obligated to construct certain right turn lane and associated improvements to Tangerine Road in connection with the zoning entitlements for Tangerine Ridge, referred to in this Agreement as the "Tangerine Ridge Turn Lane," F. The purpose of this Agreement is to facilitate the Town's construction of the Tangerine Ridge Turn Lane as part of the Project with design and construction funding provided by the Owner. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, the Parties agree as follows: 1. Design. of Tangerine Ridge 'Turn Lane. On the effective date of this Agreement, the Owner shall pay the Town $10,519 to cover the Town's cost to design the Tangerine Ridge Turn Lane, and the Town shall incorporate the Tangerine Ridge Turn Lane into the Project design. 2. Owner's Obligation to Pay Construction Costs for Tangerine Ridge Turn Lane. The Owner shall pay all construction costs associated with the construction of the Tangerine Ridge Turn Lane, as determined by the Town and the Town's consultants using the units, quantities, {00038426.DOCx / 31 -1 - 7/l/ 2014 3:55 PM FJC and unit prices for the construction line Items used to construct the Tangerine Ridge Turn Lane. Upon written demand of the Town made no earlier than 60 days before start of construction of the Project, the owner shall pay the Town's anticipated construction costs for the construction and installation of the Tangerine Ridge Turn Lane plus a 15% contingency, determined based on the unit prices in the accepted bid for construction of the Project. As of the date of this Agreement, the Town's estimated construction costs for the construction and installation of the Tangerine Ridge Turn Lane plus a 15% contingency is $62,724, as itemized and attached to this Agreement as Exhibit B. No later than 30 days after substantial completion of the Project, the Town shall provide to the owner an itemized statement of the Town's actual Tangerine Ridge Turn Lane costs. If the Town's actual Tangerine Ridge Turn Lane costs exceed the anticipated construction costs already paid by the owner, the Owner shall pay the Town the difference within 30 days; provided, however, that the owner's total Tangerine Ridge Turn Lane construction costs payable pursuant to this paragraph shall not exceed $75,000. If the Town's actual Tangerine Ridge Turn Lane costs are less than the anticipated construction costs already paid by the owner, the Town shall reimburse the difference to the owner within 30 days. Any amounts unpaid after 30 days shall accrue simple interest at the rate of 10% per year until paid in full. 3. Security for Owner's obligations Under this Agreement. The owner's obligations under this Agreement, including without limitation the owner's obligations under paragraph 2 above, shall be secured by a deed of trust u1 the amount of $75,000 in favor of the Town recorded in the office of the Recorder of Pima County, Arizona, in substantially the form attached as Exhibit C to this Agreement. The Town shall promptly record a deed of release and full reconveyance, releasing the deed of trust, upon the owner's payment of all sums due under paragraph 2 above, plus the Trustee's fees for preparation of the deed of release and full reconveyance (currently $114.50). 4. Notices. Any notice required under this Agreement shall be complete when sent via First Class Mail or hand delivered to the following addresses. Any Party may change their address for purposes of notice under this Agreement by mailing a notice of change of address to the other Party. Owner: Landmark Title Trust 18227-T c/o Sharpe & Associates 4549 E. Fort Lowell Drive Tucson, AZ 85712 Town: Town of Marana c/o Marana Legal Department 11555 west Civic Center Drive Marana, AZ 85653 5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. 6. Court Costs and Reasonable Attorneys' Fees to Prevailing Party in Dispute. If a Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the prevailing Party shall be 100038426.DOCX / 3) -2- 7/1/2014 3:55 PM FJC entitled to all court costs and reasonable attorneys' fees incurred in enforcing or establishing its rights under this Agreement. 7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 8. Cancellation for Conflicts. This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 9. Counterparts. This Agreement may be executed in any number of counterparts. Each counterpart shall be deemed an original, but all counterparts shall constitute but one agreement. 10. Effective Date of .Agreement. The date of this Agreement (the "Effective Date "} shall for all purposes be August 6, 2014, or the signature date of the Mayor's signature on this Agreement, whichever is later. The "Owner ": LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited liability company, as trustee under Trust 18227 -T only The "Town": TOWN OF MARANA, an Arizona municipal corporation By . Imo: 2wit STATE OF ARIZONA ) ) ss. County of ) By: Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS To FORM: Frank Cassidy, Town Attorney The foregoing ' trume was a ��'� wledged before me this da of 2014, by � tk�W �l, the of LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA LLC an Arizona limite liability company as trustee under Trust 18227 -T only. ( Seal) - Off icial Seal NOTARY PUBLIC STATE OF ARIZONA County of Pima DIANE L. SLOAN E M Commission Eires July 26, 201 t00038426.DOCx 31 -3- Notary Public 7/1/2014 3:55 PM FJC Ed Honea, Mayor File No.: 500-18458- A , .: ,. Lot 2, EXCEPT the East 30 feet thereof, and except all that portion thereof within the right of way of Tangerine Road; AND The Southwest Quarter of the Northeast Quarter, EXCEPT the East 30 feet thereof, AND The Southeast Quarter of the Northwest Quarter, all in Section 1, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. (JV Arb 4, 122) Condition of Title Report 500-18458 Exhibit A to Public Improvement Participation Agreement RECORDING REQUESTED BY Town of Marana WHEN RECORDED MAIL TO: MARANA LEGAL DEPARTMENT 11555 W CIVIC CENTER DR MARANA, AZ 85653 SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS Date: August 6, 2014 Trustor: LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA LLC, an Arizona limited liability company, as trustee under Trust 18227 -T Whose Address is: c/o Sharpe & Associates 4549 E. Fort Lowell Drive Tucson, AZ 85712 Beneficiary: Town of Marana Whose Address is: c/o Marana Legal Department 11555 West Civic Center Drive Marana, AZ 85653 Trustee: Fidelity National Title Agency, 6245 E. Broadway, Ste 200, Tucson, AZ 85711 Property in Pima County, State of Arizona, described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. together with all buildings, improvements and fixtures on the Property (collectively, the "Property "). This Deed of Trust is entered into by the Trustor, Trustee and Beneficiary. Trustor irrevocably grants and conveys to Trustee in Trust, with Power of Sale, the Property, together with leases, rents, issues, profits, or income generated by the Property (collectively, the "Property Income ") SUBJECT, HOWEVER, to the right, power, and authority given to and conferred upon Beneficiary to collect and apply the Property Income; AND SUBJECT TO existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way, and easements of record. This Deed of Trust has been granted to secure: 1) performance of each agreement of Trustor contained in this Deed of Trust; and 2) payment of the indebtedness by Trustor in favor of Beneficiary set forth in the "Public Improvement Participation Agreement" between the Trustor and the Beneficiary dated August 6, 2014, in the principal sum of 75,000 . {00038455. DOCX / 21 Regular Council Meeting - Auguky bk4 � ;6b13W:jjgj1jmprovement Participation Agreement Town of Mara na /Tangerine Ridge Public Improvement Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 2 TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: (1) To keep the Property in good condition and repair; not to remove or demolish any building on the Property; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property and to pay when due all claims for labor performed and materials furnished in connection with the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer or permit any act upon the Property in violation of law; and do all other acts which from the character or use of the Property may be reasonably necessary, any specific enumerations in this Deed of Trust not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust in any order Beneficiary may determine, or at the option of Beneficiary the entire amount or any part of any insurance proceeds may be released to Trustor. Any application or release of insurance proceeds will not cure or waive any default or notice of trustee's sale under this Deed of Trust or invalidate any act done pursuant to the notice. (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; including the cost of evidence of title and attorney's fees in a reasonable sum, in any action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. (4) To pay, before delinquent, all taxes, assessments, encumbrances and liens affecting the Property, with interest, that appear to be prior or superior to this Deed of Trust, and all costs, fees and expenses of this Trust, including without limitation the fees of Trustee for issuance of any Deed of Partial Release and Partial Reconveyance or Deed of Release and Full Reconveyance, and all lawful charges, costs, and expenses in the event of reinstatement of the obligations secured by this Deed of Trust. (5) If Trustor fails to make any payment or do any act required by this Deed of Trust, Beneficiary or Trustee may (but are not obligated to) make the payment or perform the act without further notice to or demand of Trustor and Beneficiary's or Trustee's payment or action does not release Trustor from Trustor's obligations under this Deed of Trust. Beneficiary and Trustee are authorized to enter upon the Property to take any action required of Trustor; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay, purchase, contest or compromise any encumbrance, charge or lien which appears to be prior or superior to this Deed of Trust. (6) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions of this Deed of Trust, including reasonable attorneys' fees, together with interest from the date of expenditure at the greater of the rate provided for in the agreement secured by this Deed of Trust or the highest legal rate. Any amounts {00038455. DOCX / 21 Regular Council Meeting - Auguky bk4 � ;6b13pWjgj1jmprovement Participation Agreement Town of Mara na /Tangerine Ridge Public Improvement Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 3 paid by Beneficiary or Trustee will become part of the debt secured by this Deed of Trust and a lien on the Property or immediately due and payable at the option of Beneficiary or Trustee. IT IS MUTUALLY AGREED: (7) That any award of damages in connection with any condemnation or governmental taking, for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is assigned and will be paid to Beneficiary as further security for all obligations secured by this Deed of Trust. Beneficiary may hold these damages as further security or apply or release them in the same manner and with the same effect as provided for disposition of proceeds of fire or other insurance in Section 2 of this Deed of Trust. Trustor retains the right to sue for the damages set forth in this Section. (8) That time is of the essence of this Deed of Trust, and that by accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive Beneficiary's right either to require prompt payment when due of all other sums secured by this Deed of Trust or to declare default for untimely payment. (9) That at any time, without notice, upon written request of Beneficiary, Trustee may: (a) release and reconvey all or any part of the Property; (b) consent to the making and /or recording of any map or plat of the Property or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien or encumbrance of this Deed of Trust. Trustee's actions pursuant to this Section are taken without liability to Trustee and will not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust or the encumbrance by this Deed of Trust on all Property remaining subject to this Deed of Trust. No sum representing the value of any portion of the Property that is affected by the Trustee's action must be credited on the indebtedness secured by the Deed of Trust unless the sum is received by Trustee. (10) That upon written request of Beneficiary stating that all sums secured by this Deed of Trust have been paid, , and upon payment of Trustee's fees, Trustee will release and reconvey, without covenant of warranty, express or implied, the Property then encumbered by the Deed of Trust. The recitals in this reconveyance of any matters or facts will be conclusive proof of their truthfulness. The Grantee in this reconveyance may be described as "the person or persons legally entitled thereto." (11) That as additional security for payment and performance of the obligations secured by this Deed of Trust, Trustor gives Beneficiary the right, power and authority to collect all income generated by the Property at any time that Trustor is in default in payment of any indebtedness secured by this Deed of Trust or in performance of any other provision of this Deed of Trust. When Trustor is in default, Beneficiary may enter upon and take possession of the Property or any part of the Property, without notice to Trustor, and may sue for or otherwise collect any income generated by the Property, including past due and unpaid rents. Beneficiary may apply the income actually collected, less costs and expenses of collection, including reasonable attorney's fees, {00038455. DOCX / 21 Regular Council Meeting - Auguky bk4 K Participation Agreement Town of Mara na /Tangerine Ridge Public Improvement Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 4 upon any indebtedness secured by this Deed of Trust in any order Beneficiary may determine. None of the actions taken by Beneficiary pursuant to this Section 10 will cure or waive any default or notice of trustee's sale under this Deed of Trust or invalidate any act done pursuant to notice of trustee's sale. (12) That upon default by Trustor in payment of any indebtedness secured by this Deed of Trust or in performance of any provision of this Deed of Trust, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration setting forth the Trustor's default and may demand that the Property be sold pursuant to a trustee's sale. Beneficiary will also deposit with Trustee this Deed of Trust and all documents evidencing expenditures secured by this Deed of Trust. (13) Trustee will record and give notice of trustee's sale in the manner required by law. Trustee will sell, in the manner required by law, the Property at public auction at the time and place fixed in the notice of trustee's sale to the highest bidder for lawful money of the United States, payable at time of sale. Trustee may postpone or continue the sale by giving notice of postponement or continuance by public declaration at the time and place last appointed for the sale. Trustee will deliver to the purchaser its deed conveying the property so sold, but without any covenant or warranty, expressed or implied. Any person, including Trustor, Trustee, or Beneficiary may purchase at the trustee's sale. (14) After deducting all costs, fees and expenses of Trustee and of this Trust, including the cost of evidence of title in connection with sale and reasonable attorney's fees of Trustee, Trustee will apply the proceeds of sale to payment of all sums then secured by this Deed of Trust including all other sums due under the terms of this Deed of Trust. To the extent permitted by law, an action may be maintained by Beneficiary to recover a deficiency judgment for any balance remaining unsatisfied after application of the proceeds of the trustee's sale. (15) In lieu of sale pursuant to the power of sale conferred by this Deed of Trust, this Deed of Trust may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. Beneficiary also retains all other rights and remedies available to it at law or in equity. All rights and remedies are cumulative. (16) That Beneficiary may appoint a successor Trustee in the manner prescribed by law. A successor Trustee will, without conveyance from the predecessor Trustee, succeed to all the predecessor's title, estate, rights, powers and duties. Trustee may resign by mailing or delivering notice of resignation to Beneficiary and Trustor. (17) That this Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors and assigns. Whenever the context requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. (18) Trustee is not obligated to notify any party to this Deed of Trust of a pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee are a party. Trustor requests that a copy of any notice of trustee's sale under {00038455. DOCX / 21 Regular Council Meeting - Auguky bk4 - Participation Agreement Town of Mara na /Tangerine Ridge Public Improvement Participation Agreement Deed of Trust and Assignment of Rents... Continued Page 5 this Deed of Trust be mailed to Trustor at the address set forth in the introductory section of this Deed of Trust . Trustor: LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, LLC, an Arizona limited liability company, as trustee under Trust 18227 -T only Its: NOTARY ACKNOWLEDGMENT(S) TO DEED OF TRUST AND ASSIGNMENT OF RENTS State of County of } ss: The foregoing instrument was acknowledged before me this day of , 2014 by , the of LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA LLC, an Arizona limited liability company, as trustee under Trust 18227 -T only. (Seal) Notary Public My commission expires: {00038455. DOCX / 21 Regular Council Meeting - Auguky bk4 � ;6b13W:jjgj1jmprovement Participation Agreement File No.: 500- 18458- EXHIBIT " A " Lot 2, EXCEPT the East 30 feet thereof, and except all that portion thereof within the right of way of Tangerine Road; AND The Southwest Quarter of the Northeast Quarter, EXCEPT the East 30 feet thereof, AND The Southeast Quarter of the Northwest Quarter, all in Section 1, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. (JV Arb 4, 122) Condition of Title Report 500 -18458 Regular Council Meeting - August 5 ,��bipCg�( ? 4mprovement Participation Agreement