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HomeMy WebLinkAbout04/21/2015 Amended Council Agenda PacketAmended at 11:33 A.M. on April 20, 2015 N t 'or a MARANA Rf7< a MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 21, 2015, 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. § 3 8- 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 April 21, 2015, 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 Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it Marana Regular Council Meeting 04/21/2015 Pagel of 142 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, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82 -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 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 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. Marana Regular Council Meeting 04/21/2015 Page 2 of 142 PROCLAMATIONS No. 1 Proclamation: May 2015 as Foster Care Month 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 Resolution 2015 -033: Relating to the Police Department; approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving Reallocation funds under the 2013 Operation Stonegarden Grant Program (Lisa Shafer) C 2 Resolution No. 2015 -034: 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 and the Town of Marana to receive funding under COT Grant Number HT -15 -2505 (Lisa Shafer) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #919, located at 4180 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) L 2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Western Express #811, located at 7810 N. Silverbell Road, Marana, Arizona 85743 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Marana Regular Council Meeting 04/21/2015 Page 3 of 142 A 1 Ordinance No. 2015.010: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Tiffany Loop and Twin Peaks Annexation, being an approximately 9.2 acre parcel of property generally located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (Interstate 10); and establishing original Town of Marana zoning (Cynthia Ross) A 2 Resolution 2015 -035: Relating to Administration; approving the transfer of up to $48,000 in budgeted expenditure authority from the General Fund contingency line item to the Honea Heights Sewer Program in the Community Development and Neighborhood Services Department budget for fiscal year 2014 -2015 for expenses related to the Honea Heights Sanitary Sewer Conversion Project (Gilbert Davidson) A 3 Resolution No. 2015 -036: Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District for fire code official services (Benny Sanchez) ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1 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 the 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 1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2 Executive Session pursuant to A.R.S. § 38- 431.03(A)(7), discussion or consultation with the Town Manager and Town Attorney in order to consider the Town's position and instruct its representatives regarding negotiations for the possible purchase of real property owned by ReyheN Partnership and MaNana 348 Limited Partnership located near the Marana Municipal Complex. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Marana Regular Council Meeting 04/21/2015 Page 4 of 142 Marana Regular Council Meeting 04/21/2015 Page 5 of 142 - r C? RANA -P 11555 W. CIXgC CENTER D I - E. KARANA. ARIZ ONA 8 5 6 5 3 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: April 21, 2015 Subject: Proclamation: May 2015 as Foster Care Month Attachments: May Foster Care Month Item No.I Marana Regular Council Meeting 04/21/2015 Page 6 of 142 PROCLAMATION Foster Care Month -Ma 2015 WHEREAS the famil servin as the primar source of love, identit self-esteem and support, is the foundation of our communit and our state; and WHEREAS nationall there are over 400,000 children and y outh in foster care who are bein provided with a safe, secure and stable home., nurtured with compassion b a foster famil and WHEREAS all y oun g people in foster care need a meanin connection to a carin adult who becomes a supportive and lastin presence in their lives; and WHEREAS foster, kinship and adoptive families who open their homes and hearts and support children whose families are in crisis pla a vital role in helpin children and families heal and reconnect, thereb launchin y oun g people into successful adulthood; and WHEREAS dedicated foster families fre adopt foster children, resultin in a g reater need for more foster families; and WHEREAS there are numerous individuals and public and private or workin to increase public awareness of the needs of children in, and leavin foster care as well as the endurin and valuable contributions of foster parents themselves. NOW, THEREFORE, the Ma and Council of the Town of Marana do hereb proclaim MAY as FOSTER CARE MONTH in Marana, Arizona and ur all citizens to come forward and do somethin positive that will help chan a lifetime for children and y outh in foster care. Dated this 21st da of April, 2015. 9 e 40 0 e ATTEST: Ed Honea, Ma J ocel y n C. Bronson, Town Clerk - r C? RANA -P 115 5 5 W. CIVI C CENTER DRI - T. KARANA. ARIZ ONA 8 5 65 3 Item C 1 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: April 21, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution 2015 -033: Relating to the Police Department; approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving Reallocation funds under the 2013 Operation Stonegarden Grant Program (Lisa Shafer) Discussion: Operation Stonegarden is a federally funded program originating with the 2006 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery. Funding was renewed for the current fiscal year, providing the Town of Marana an opportunity to participate and receive funding. The program provides states the flexibility to use Department of Homeland Security grant funding to enhance coordination among state and federal law enforcement agencies at and near the U.S./Mexico border. The program requires states to identify and prioritize solutions to their border security needs and provides funding to state and local agencies to implement the state's individual goals and objectives. The Arizona Department of Homeland Security has reallocated funding not spent during FFY 2013 for overtime and mileage. Marana has been awarded reallocation funds in the amount of $14,400 to pay for the overtime and mileage of Marana officers who are providing support to the U.S. Border Patrol (USBP) in highly successful multi jurisdictional operations. All funding from this grant must be expended by July 31, 2015. The Town's operations are pre- coordinated by the USBP to maximize assets and address needs identified through intelligence gathering. Marana will continue to use its authority to control the routes and reduce the propensity for cross - border crime in the area. Patrols will concentrate efforts along the I -10 corridor areas, helping to achieve the primary goal of denying access along the Arizona /Mexico border which is traveled through Marana by illegal entrants, smugglers bringing human and illegal contraband and possible terrorists who intend to cause harm or commit crimes Marana Regular Council Meeting 04/21/2015 Page 8 of 142 against this Nation. Officers will also deploy in areas identified by the USBP and /or other participating agencies in accordance with special operations as they are developed. Financial Impact: Fiscal Year: 2015 Budgeted N Y /N: Amount: $14,400.00 There are no matching funds associated with this grant. All officer salary, ERE and mileage are fully reimbursed. Staff Recommendation: Staff recommends approval of the Subgrantee Agreement. Suggested Motion: I move to adopt Resolution 2015 -033, approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving Reallocation funds under the 2013 Operation Stonegarden Grant Program. Attachments: Resolution 2015 -033 Exhibit A to Resolution - Subgrantee Agreement Marana Regular Council Meeting 04/21/2015 Page 9 of 142 MARANA RESOLUTION NO, 2015-033 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PURPOSES OF RECEIVING REALLOCATION FUNDS UNDER THE 2013 OPERATION STONEGARDEN GRANT PROGRAM. WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland and Border Security; and WHEREAS the Marana Police Department is working with the Arizona Department of Homeland Security, United States Border Patrol, and other community agencies as a regional partner in the Operation Stonegarden Program; and WHEREAS the Arizona Department of Homeland Security has awarded grant funding to the Town for the provision of overtime pay for services provided in coordination with the Operation Stonegarden Program; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into a Subgrantee Agreement with the Arizona Department of Homeland Security to be eligible to receive funds related to the Operation Stonegarden Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Subgrantee Agreement -Reallocation 13- AZDOHS- OPSG- 130427 -01 between the Arizona Department of Homeland Security and the Town of Marana, attached to and incorpo- rated by this reference in this resolution as Exhibit A, is hereby approved and the Town Manager 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 under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Subgrantee Agreement. -1- Marana Resolution No. 2015 -033 Marana Regular Council Meeting 04/21/2015 Page 10 of 142 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of April, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Marana Resolution No. 2015 -033 Marana Regular Council Meeting 04/21/2015 Page 11 of 142 SUBGRANTEE AGREEMENT - REALLOCATION Operation Stonegarden Grant Program - Overtime 13-AZDOHS-OPSG-1 30427-02 Between The Arizona Department of Homeland Security And Marana Police Department WHEREAS, A.R.S. § 41 -4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Marana Police Department (subrecipient) for services under the terms of this Grant Agreement. 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the responsibilities and procedures for the subrecipient's role in administering homeland security grant funds. lI. TERM OF AGREEMENT TERMINATION AND AMENDMENTS This Agreement shall become effective on April 1, 2015 and shall terminate on July 31, 2015. The obligations of the subrecipient as described herein will survive termination of this agreement. Ill. DESCRIPTION OF SERVICES The subrecipient shall provide the services for the State of Arizona, Arizona Department of Homeland Security as approved in the grant application titled "OPSG Overtime" and funded at $'14,400 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall: a) Provide up to $'14,400 to the subrecipient for services provided under Paragraph III. b) Payment made by the AZDOHS to the subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the subrecipient. A listing of acceptable documentation can be found at www. azdohs.,c ov . Payments will be contingent upon receipt of all reporting requirements of the subrecipient under this Agreement. V. FISCAL RESPONSIBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application. Any modification to quantity or scope of work must be preapproved in writing by the AZDOHS. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient in 13-- AZDOHS- OPSG -1 30427-02 Any unauthorizEM Ar gdgigtitggfiWffg inatian of this award. Version 09292014 Pa&M tf 142 accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. V1. FINANCIAL AUDITIPROGRAMATIC MONITORING The subrecipient agrees to terms specified in A.R.S. § 35 -214 and § 35 -215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.G. par. 7501 - 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 155 ), the subrecipient must have an annual audit conducted in accordance with OMB Circular #Aµ133 ( "Audits of States, Local Governments, and Non - profit organizations ") if the subrecipient expends more than $500,000 from Federal awards. If the subrecipient has expended more than $500,000 in Federal dollars, a copy of the subrecipient's audit report for the previous fiscal year and subsequent years within the period of performance is due annually to AZDOHS within nine (9) months of the subrecipients fiscal year end. b) Subrecipients will be monitored periodically by the AZDOHS staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office -based reviews and on -site monitoring visits. Monitoring can involve aspects of the work involved under this contract including but not limited to the review and analysis of the financial, programmatic, equipment, performance, and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. V11. APPLICABLE FEDERAL REGULATIONS The subrecipient must comply with the Funding Opportunity Announcement (FOA), Office of Management and Budget (OMB) Circulars, Code of Federal Regulations (CFR) and other Federal guidance including but not limited to: a3 44 CFR chapter 1, Federal Emergency Management Agency, Department of Homeland Security at www. o. ov /fds s/ k ICFR- 2007- lilfe44-volllcontent- detail. html b) 2 CFR 225 cost Principles for State, Local & Indian Tribal Governments (A-87 OMB Circular), at www.gn o. . qov1fdsy , s/ p k /CFR- 2007- tille2- volticontent- detail. hlml. Cost Principles: 2 CFR Part 225, State and Local Governments; 2 CFR Part 220, Educational Institutions; 2 CFR Part 230, Non - Profit organizations; Federal Acquisition Regulation Sub- part 31.2, contracts with commercial Organizations. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, at www. vvhitehouso. ovl sites ldefaultlfileslomblassetsla l33la 733 revised 2407. df. c) 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (formerly OMB Circular A -102), at origin www qpo oq v/ fdsys/ pkp /CFR- 2010- title44- vo11 /pdf /CFR- 2010- title44- volt- part13.pdf . U.S. Department of Homeland Security Authorized Equipment List (AEL), at www.11is. dhs, pov/ knowledgebase /authorizedeauipmentlist. d) 2 CFR Part 215, Uniformed Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non - Profit organizations. e) 28 CFR applicable to grants and cooperative agreements, including Part 18, office of Justice Programs Hearing and Appeal Procedure; Part 20, criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal 13 -AZDOHS-O PS G- 130427-02 Any unauthorizq*hfigo&4gi itdgpbM ;16yy�br @4y�tlo2Mrgnination of this award. Version 09292014 PZeM 9f 142 Intelligence Systems operating Policies; Part 42, Non - discrimination; Equal Employment Opportunities; Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Part 66, Uniform Administrative Requirements for Grants and cooperative Agreements to State and local Government. This cFR can be found at hll :IlwUVVV. o. ov /ids sI k ICFR- 2001- litle2 8 -vol11content- detail. hfml. f) Where applicable and with prior written approval from AZDOHSIDHSIFEMA, program subgrantees using funds for construction projects must comply with the Davis -Bacon Act (40 U.S.C. 3141 of seq.). Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work -site no less than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor (DOL) wage determinations, is available from the following website htt :Ilwww. dol. ovlcom fiance /lawslcom -dbra, hfm. Included within the above mentioned guidance documents are provisions for the following: National Incident Management System (NIMS) The subrecipient agrees to remain in compliance with National Incident Management System (NIMS) implementation initiatives as outlined in the applicable Funding Opportunity Announcement (FOA). Environmental Planning and Historic Preservation The subrecipient shall comply with all applicable Federal, State, and Local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898).Subrecipient shall not undertake any project having the potential to impact EHP resources without the rior ap roval of AZDOHSIFEMA including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Subrecipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require reevaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the subrecipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the subrecipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation office. Procurement and construction activities shall not be initiated prior to the full environmental and historic preservation review and approval, Consultants/Trainers/Training Providers Billings for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the subrecipient and 44 cFR chapter 1, Part 13; and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, and per diem not to exceed the state rate. Itemized receipts are required for lodging and travel reimbursements. The subrecipient will not be reimbursed costs other than travel, lodging, and per diem on travel days for consultants/trainers/training providers. Contractors/Subcontractors 13-AZ DO H 5 -o PS G- 130427 -02 Any unauthoriz laohnafe&gWOi6dogdMbM� M44t 104&nination of this award. Version 09292014 Pace?9R 9f 142 The subrecipient may enter into written subcontract(s) for performance of certain of its functions under the contract in accordance with terms established in the OMB Circulars, Code of Federal Regulations, DHS Guidance/FOA, and DHS Program Guidance. The subrecipient agrees and understands that no subcontract that the subrecipient enters into with respect to performance under this Agreement shall in any way relieve the subrecipient of any responsibilities for performance of its duties. The subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the subrecipient by any subcontractor or vendor which in the opinion of the subrecipient may result in litigation related in any way to the Agreement with the AZDOHS. Personnel and Travel Costs All grant funds expended for personnel, travel, lodging, and per diem must be consistent with the subrecipient's policies and procedures; and the State of Arizona Accounting Manual (SAAM); must be applied uniformly to both federally financed and other activities of the agency; and will be reimbursed at the most restrictive allowability and rate. At no time will the subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting office Travel Policies: www. Procurement The subrecipient shall comply with all internal agency procurement rules/policies and must also comply with Federal procurement rules/policies as outlined in section VII and all procurement must comply with Arizona State procurement code and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The subrecipient shall not enter into a Noncompetitive (Sole or Single Source) procurement agreement, unless prior written approval is granted by the AZDOHS. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website, wvvw. az ohs. avI rantsl. Training and Exercise The subrecipient agrees that any grant funds used for training and exercise must be in compliance with the applicable FOA. All training must be approved through the ADEMIAZDOHS training request process prior to execution of training contracts All exercises must utilize the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) Toolkit for exercise design, development and scheduling. Subrecipient agrees to: a) Submit the HSEEP Toolkit Exercise Summary to AZDOHS with all Exercise Reimbursement Requests. b) Post all exercises, documentation and After Action Reports /Improvement Plans via the HSEEP Toolkit. c) Within 00 days of completion of an exercise, or as prescribed by the most recent HSEEP guidance, the exercise host subrecipient is required to upload the AARIIP into the HSEEP Toolkit and email the AARIIP to the local County Emergency Manager, the FEMA Region IX Exercise POC, HSEEP �,dhs.gov the AZDOHS Strategic Planner, and the Arizona Department of Emergency Management (ADEM) Exercise officer. Nonsupplanting Agreement The subrecipient shall not use funds to supplant State or Local funds or other resources that would otherwise have been made available for this program /project. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for the grant position. E- Verify 13 -AZDOHS-OPSG- 130427 -02 Any unauthoriz rhoaf4sgkdghir>d i ebM 044�)BatVination of this award. Version 09292014 Paee 6f 142 Compliance requirements for A.R.S. § 41-4401 immigration laws and E- Verify requirement. a) The subrecipient warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S. § 23-214, Subsection A. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E- Verify program). b) A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the subrecipient may be subject to penalties up to and including termination of the Agreement. c) The AZDoHS retains the legal right to inspect the papers of any employee who works on the Agreement to ensure that the subrecipient is complying with the warranty under paragraph (a) above. Property Control Effective control and accountability must be maintained for all property. The subrecipient must adequately safeguard all such property and must assure that it is used for authorized purposes as described in the FoA, grant application, and code of Federal Regulations (44 CFR 13.32). The subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Theft, destruction, or loss of property shall be reported to the AZDoHS immediately. b) Nonexpendable Property and Capital Assets: 1. Nonexpendable Property is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $300 (Three Hundred Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or systems. 2. A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. c) A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The subrecipient shall provide AZDoHS a copy of the Property Control Form with the final quarterly programmatic report. A Property Control Form can be located at www. azdohs. ov1Grantsl. The subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. d) A physical inventory of the Nonexpendable Property and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. 1. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated and reported to AZDoHS. 2. Adequate maintenance procedures must be developed to keep the property in good condition. 13- AZDGHS- GPSG -1 30427 -02 Any unauthoriz hgijpkjt6mAhigdggd gbyMbr @44th j26q nination of this award. Version 09292014 Papgg ;f 142 e) When Nonexpendable Property and/or capital Assets are no longer in operational use by the subgrantee, an updated Property Control Form must be submitted to AZDOHS immediately. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance. If the subgrantee is requesting disposition of capital Assets for reasons other than theft, destruction, or loss, the subgrantee must submit an Equipment Disposition Request Form and receive approval prior to the disposition. The Equipment Disposition Request Form can be found at . www. azdohs. ovl rantsl. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable OMB circulars, code of Federal Regulations, authorized equipment lists and guidance documents referenced above. a) The subrecipient agrees that grant funds are not to be expended for any indirect costs that may be incurred by the subrecipient for administering these funds. b) The subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M &A) costs that may be incurred by the subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with the applicable FOA. VIII. DEBARMENT CERTIFICATION The subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier covered Transactions." IX. FUNDS MANAGEMENT The subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with other sources. The subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar circumstances; and 3) consistently applied — it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the subrecipient shall include: a) Programmatic Reports The subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) working days of the last day of the quarter in which services are provided. The subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The subrecipient shall use the Quarterly Programmatic Report form, which is posted at www. azdohs. ovlGrantsl. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information 13 -AZDOHS-O PSG -1 30427 -02 Any unauthoriz"WbpgW If ie46pr y26ggnination of this award. Version 09292014 PZeM 9f 142 regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed b) Quarterly Programmatic Reports are due: January 15 (period October 1— December 31) April 15 (period January 1 —March 31) July 15 (period April 1 —June 30) October 15 (period July 1 — September 30) c) Final Quarterly Report: The final quarterly report is due no more than fifteen (15) days after the end of the performance period. The Property Control Form and Grant Funded Typed Resource Report are due with the final quarterly report (if applicable). d) Property Control Form — if applicable: The subrecipient shall provide AZDOHS a copy of the Property Control Form with the final quarterly report. a. In case of equipment disposition: The Property control Form shall be updated and a copy provided to AZDOHS no more than forty -five (45) calendar days after equipment disposition, if applicable. The disposition of equipment must be in compliance with the AZDOHS Disposition Guidance. e) The Grant Funded Typed Resource Report — if applicable: The subrecipient shall email the AZDOHS Strategic Planner a copy of the Grant Funded Typed Resource Report with the final quarterly report. The Grant Funded Typed Resource Report and instructions are located at . www. azdohs. gov1Grants1. f) Financial Reimbursements The subrecipient shall provide as frequently as monthly but not less than quarterly requests for reimbursement. Reimbursements requests are only required when expenses have been incurred. Reimbursements shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The subrecipient shall submit a final reimbursement for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) calendar days after the end of the Agreement. Requests for reimbursement received later than the forty -five (45) days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked FINAL. The AZDOHS requires that all requests for reimbursement are submitted via U.S. mail (United States Postal Service), FedEx, UPS, etc... or in person. Reimbursements submitted via fax or by any electronic means will not be accepted. The AZDOHS reserves the right to request and/or require any supporting documentation it feels necessary in order to process reimbursements. All reports shall be submitted to the contact person as described in Paragraph XL, NOTICES, of this Agreement. Xl. A SSIGNMENT AND DELEGATION The subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS 13 -AZ DG H S -O PS G- 130427 -02 Any unauthoriz i" gWAhic MobtM� UWQ1JjpdWination of this award. Version 09292014 Pac'e cif 142 Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the subrecipient and the AZDOHS. The AZDOHS shall have the right to immediately amend this Agreement so that it complies with any new legislation, laws, ordinances, or rules affecting this Agreement. Any such amendment shall specify: 1) an effective date; 2} any increases or decreases in the amount of the subrecipient =s compensation if applicable; 3) be titled as an "Amendment," and 4) be signed by the parties identified in the preceding sentence. The subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article A -- Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Article B - compliance with Funding opportunity Announcement The recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FOA. Article C w DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree and require any sub - recipients, contractors, successors, transferees, and assignees acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS office of civil Rights and civil Liberties. 5. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age disabi religion, or familial status against the recipient, or the recipient settles a case or matter 13 -AZDOHS-O PSG- 1 30427 -02 Any unauthoriz " tg j�06[9 y g�#6 "lj frination of this award. Version 09292014 Page Pf 142 alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article D - Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seals), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of coast Guard officials. Article E - USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. Article F - Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government -wide award term which implements Section 105(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 105(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient 1. Engages in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procures a commercial sex act during the period of time that the award is in effect; or 3. Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article G - Non - supplanting Requirement All recipients must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - Federal sources. Applicants or award recipients may be required to demonstrate and document that a reduction in non - Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. 13 -AZDOH S WOPS GM 130427 -02 Any unauthori tpahhbdopftg�tM� U*2I /ktj�6mination of this award. Version 09292014 Pa j A 142 Article H - Lobbying Prohibitions All recipients must comply with 31 U.S.C. § 1 352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal. Article I - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 5 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and control Act of 1974, 15 U.S.C. §2225. Article J - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article K - Federal Debt Status All recipients are required to be non - delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB circular A -129 and form SF -424, item number 17 for additional information and guidance. Article L - False Claims Act and Program Fraud civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801- 38'1 2 which details the administrative remedies for false claims and statements made. Article M - Duplication of Benefits State, Local and Tribal recipients must comply with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Article N - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. These regulations are codified at 2 CFR 3001. Article o - Debarment and Suspension All recipients must comply with Executive orders 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Article P - copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first 13 -AZDGH S -OPSG- 130427 -02 Any unauthori2MdrraWR § §6gaV,arqfggt #61 Nq�iJt/+kbtlEgmination of this award, Version 09292014 Pagel o9 142 produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article Q - Best Practices for Collection and Use of Personally Identifiable Information (PII) All award recipients who collect PII are required to have a publicly - available privacy policy that describes what Pl I they collect, how they use the Pi I, whether they share PI I with third parties, and how individuals may have their Pll corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments guidance and template located at: htl :Ilwww. dhs. g o vlxlihrar Iasselsl rivac I rivac is guidance Lune2014. and http w w. dhs. g vlx lib rar /assetLl rivac I rivac is le late. df, respectively. Article R - Activities conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article S - Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when Issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article T - Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424E Assurances — Non - construction Programs. certain assurances in this form may not be applicable to your project or program, and the awarding agency may require applicants to certify to additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements that apply to DHS award recipients originate from two sources: ■ office of Management and Budget (OMB) Circular A -102, Uniform Administrative Requirements for Grants and cooperative Agreements to State and Local Governments (also known as the "A-1 02 common Rule "). These A -102 requirements are also located within DHS regulations at Title 44, code of Federal Regulations (CFR) Part 13. • OMB circular A --110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non - Profit organizations, relocated to 2 CFR Part 215. The cost principles that apply to DHS award recipients through a grant or cooperative agreement originate from one of the following sources: ■ OMB circular A -21, cost Principles for Educational Institutions, relocated to 2 CFR Part 220. • OMB circular A -87, cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. ■ OMB circular A -122, Cost Principles for Non - Profit organizations, relocated to 2 CFR Part 230. The audit requirements for State, Local and Tribal recipients of DHS awards originate from: 13-AZ DO H S-O PSG- 134427 -92 Any unauthorizl4o&a%tRAh6&Rf %id b*�4 of this award. Version 49292414 P ge 142 • OMB Circular A -133, Audits of States, Local Governments and Non - Profit organizations. Article U - Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1 975 (42 U.S.C. § 8101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article V - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles 1, 11, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101 -- 12213). Article w - Title VI of the Civil Rights Act of 1954 All recipients must comply with the requirements of Title V1 of the civil Rights Act of 1904 (42 U.S.C. § 2000d et seq. ), codified at 5 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article X w Civil Rights Act of 1955 All recipients must comply with Title VIII of the civil Rights Act of 1908, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3001 et seq. ), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) be designed and constructed with certain accessible features (see 24 CFR § 100.201). Article Y w Limited English Proficiency (Civil Rights Act of 1984, Title V1) All recipients must comply with the Title VI of the Civil Rights Act of 1904 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive order 13100, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000 ), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011 DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National origin Discrimination Affecting Limited English Proficient Persons, 75 Fed. Reg. 21755 - 21758, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance hll s:llwww. dhs. ov1 uidance -- ublished--hel -de ar menl -su orled- or anizalions - rovide- meanie ful- access eo le- limited and additional resources on l tt : /Iwww. le goy. 13- AZDOHS- OPSG- 139427-92 Any unauthoriz kWgfttp4�Ls 6� id Mft2q/�btf6mination of this award. Version 99292914 Page% 142 Article Z - SAFECOM Recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article AA W Title IX of the Education Amendments of 1975 (Equal opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1581 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 0 CFR Part 17 and 44 CFR Part 19. Article AB - Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. XIV. OFFSHORE PERFORMANCE of WORD PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the subrecipient give a written assurance of intent to perform. If the subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVIL CANCELLATION FOR CONFLICT of INTEREST The AZDOHS may, by written notice to the subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. § 38 -511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The subrecipient assigns the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to subrecipient toward fulfillment of this Agreement. 13 -AZDOHS-O PS GM 13942702 Any unauthoriz "S%W M#64ty4d 24/ht urination of this award. Version 09292014 P ge 4 142 XIX, AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) days of the events giving the rise to the dispute. The subrecipient agrees to terms specified in A.R.S. § 12 -1518. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement and its Exhibits constitute the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. The subrecipient agrees to comply with any such amendment within ten (10) business days of receipt of a fully executed amendment. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. RESTRICTIONS ON LOBBYING The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government. 13 -AZ DO H S-O PSG- 130427 -02 Any unauthoriz "We�tRc4h66LRi�gnW�t)Of N24 of this award. Version 09292014 P ge%'A 142 XXVI. LICENSING The subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVII. NON- DISCRIMINATION The subrecipient shall comply with all State and Federal equal opportunity and non - discrimination requirements and conditions of employment, including the Americans with Disabilities Act in accordance with A.R. S. title 41, chapter 9, Article 4 and Executive Order2OO9 -09. XXVIII. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXIX. SEVERABILITY The provisions of this Agreement are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Agreement. XXX. ADVERTISING AND PROMOTION OF AGREEMENT The subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXXI. OWNERSHIP OF INFORMATION PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in part with Federal funds shall contain the following statement: "This document was prepared under a grant from U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential subrecipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the subrecipient. The AZDOHS and the subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the subrecipient agrees that no research -based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed 13- AZDOHS- GPSG- 130427 -02 Any unauthoriMdg9w9"Wft&MrW4dtW (A$_p#/ktffmination of this award. Version 09202014 PANW& 142 matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the subrecipient. XXXII. C LOSED - CAPTIO OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the subrecipient shall include closed captioning of the verbal content of such announcement. XXXI I I. INDEMNIFICATION Each party (as "Indemnitor ") agrees to defend, indemnify, and hold harmless the other party (as "lndemnitee ") 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 lndemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona, (State Agency) is self - insured per A.R.S. 41 -021. In addition, should subrecipient utilize a contractor(s) and subcontractor(s) the indemnification clause between subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the (insert name of other governmental entity) and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this agreement, and its departments, agencies, hoards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as " indemnitee') 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 the 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 workers' 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 lndemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the lndemnitee, 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. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. XXXIV. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the subrecipient or the grantor to Comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses, and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the subrecipient chooses to terminate the contract before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The 13- AZDOHS -OPSG- 139427 -02 Any unauthori ,W #)bol rlMggt #i 0 _Vlf/kk grnination of this award. Version 09292014 Pa 0 142 subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the subrecipient. XXXV. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXXVI. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXVIL COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXVIII. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXIX. SPECIAL CONDITIONS a) The subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements b) The subrecipient acknowledges that the U.S. Department of Homeland Security and the AZDOHS reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." d) The subrecipient agrees to cooperate with any assessments, state /national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. e) The subrecipient is prohibited from transferring funds between programs (State Homeland Security Program, Urban Area Security Initiative, citizen corps Program, operation Stonegarden, and Metropolitan Medical Response System). 13- AZDOHS- OPSG -1 30427 -02 Any unauthoriNg r %Mrg @66Q ( %�yjt/At gmina of this award. Version 09292014 Page e $ 1 of 142 XL . NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 The subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate AZDOHS staff; contact information at www. azdohs. ov. The AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name above Enter Agency Name above w� Enter Street Address Enter City, State, ZIP XLL IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security Enter Agency Name above Authorized Signature above Gilbert M. Orrantia Director Print Narne & Title above Enter mate above Date (Please be sore to complete and mail two original documents to the Arizona Department of Homeland Security.) 13 -AZDOHS-OPSG- 130427 -02 Any unauthoriNgr AiYYd'6a�A Ai%rmination of this award. Version 09292014 Pager 0$142 FY 2013 Operation Stonegarden Grant Program - REALLOCATION Operations Order Addendum - OVERTIME Agency: Marana Police Department Grant #: 130427 -02 The signatures below Verify the submission /approval process. All parties signify that all aspects of this project are allowable, reasonable and justifiable in accordance with published federal grant guidelines. Subgrantee agrees to the funding shown here: OVERTIME MILEAGE TRAVEL TOTAL AWARD $13 $ 1 , 400 $14 Project Point of Contact Print Name Signature Date Strategic Planner or Assistant Director Planning & Preparedness William D. Seltzer Print Name Signature Date Thisfofm. is to be signed and returned. .. Marana Regular Council Meeting 04/21/2015 Page 30 of 142 - r C? RANA -P 11555 W. CIVIC CENTER DII I - T. KARANA. ARIZ ONA 8 5 6 5 3 Item C 2 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: April 21, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2015 -034: 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 and the Town of Marana to receive funding under COT Grant Number HT -15 -2505 (Lisa Shafer) Discussion: For the ninth 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 to help eliminate or reduce drug trafficking and its harmful consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems including 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. The City of Tucson (COT) administers grant funding for these 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, other employee- related expenses, and overtime up to $112,735 for services provided in Marana Regular Council Meeting 04/21/2015 Page 31 of 142 coordination with CNA and funded under the HIDTA Program. The term of the grant agreement is 24 months, from January 1, 2015 to December 31, 2016. Financial Impact: Fiscal Year: 2016 Budgeted Y /N: Y Amount: $112,735 The grant funded position will be included in the 2015 -2016 budget. The Town is not required to provide match funding under this award. This award funds salary expense, employee related expenses and overtime at $112,735. 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. 2015 -034; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson and the Town of Marana to receive funding under COT Grant Number HT -15 -2505. Attachments: Resolution 2015 -034 Exhibit A HIDTA 25 Grant Agreement Marana Regular Council Meeting 04/21/2015 Page 32 of 142 MARANA RESOLUTION NO, 2015-034 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 -15 -2505 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, 2015 and December 31, 2016; 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. Marana Resolution No. 2015 -034 - 1 - Marana Regular Council Meeting 04/21/2015 Page 33 of 142 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 21st day of April, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -034 -2- Marana Regular Council Meeting 04/21/2015 Page 34 of 142 CITY of TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT COT Grant Number HT -15-2505 This Grant Agreement is made this 1 ST day of January 2015 by and between the CITY OF TUCSON hereinafter called "CITY" and Torn 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, 2015 and terminate on December 31, 2010. 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 (00) 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)m 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 Marana Regular Council Meeting 04/21/2015 Page 35 of 142 High Intensity Drug Trafficking Area Grant Number HT 15- -2505 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 male 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 $54,122.00 Fringe Benefits $23 ■ 813.00 Overtime $34 , F 800.00 Travel 0100 Facilities 0.00 Services 0.00 Operating Expenses: Supplies 0.00 Other 0.00 Equipment (listed below) 4.00 TOTAL 112 735 ;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 CNDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. Marana Regular Council Meeting 04/21/2015 Page 36 of 142 High Intensity Drug Trafficking Area Grant Number HT15 25(15 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 Indiana Tribal Governments and HIDTA Program Policy & Budget Guidance. Link: OMB Circulars http://www.wh itehouse.govlm blcircu la rsli ndex. htm l 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 -1012 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: OMB Circulars http:l/ www. whitehouse .gov/omb /circularslindex.html 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 CircularA -. X33 _http: ww.whitehouse .goy /omblcirculars /index.html Marana Regular Council Meeting 04/21/2015 Page 37 of 142 High Intensity Drug Trafficking Area Grant Number HT 15 -2505 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 dates), 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 w 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 Janua 25 June i - 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: e ls.a 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. Marana Regular Council Meeting 04/21/2015 Page 38 of 142 High Intensity Drug Trafficking Area Grant Number HT 15-2505 Page 5 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 Inderninitor, 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 nondiscrimination 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. Marana Regular Council Meeting 04/21/2015 Page 39 of 142 High Intensity Drug Trafficking Area Grant Number HT15 2505 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 Marana Regular Council Meeting 04/21/2015 Page 40 of 142 High Intensity Drug Trafficking Area Grant Number HT 15-2505 Rage 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 full 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. Marana Regular Council Meeting 04/21/2015 Page 41 of 142 High Intensity Drug Trafficking Area Grant Number HT 15-2505 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Town Manager Date Printed Name and Title 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 Marana Regular Council Meeting 04/21/2015 Page 42 of 142 CITY OF TUCSON GRANT AGREEMENT Insurance Re Exhibit "A" Insurance Re for Governmental Parties to a Grant A None. Insurance Re for An y Contractors Used b a Part to the Grant A (Note: this applies onl to Contractors used b a g overnmental entit not to the g overnmental entit itself.) The insurance re q uirements herein are minimum re and in no wa limit the indemnit covenants contained in the Inter A The Cit of Tucson in no wa warrants that the minimum limits contained herein are sufficient to protect the g overnmental entit or Contractor from liabilities that mi arise out of the performance of the work under this Contract b the Contractor, his a representatives, emplo or subcontractors, and Contractor and the g overnmental entit are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide covera with limits of liabilit not less than those stated below. 1. Commercial General Liabilit — Occurrence Form Polic shall include bodil injur propert dama personal in and broad form contractual liabilit General A $2,000,000 • Products - Completed Operations A $1,000,000 • Personal and Advertisin In $1,000,000 • Blanket Contractual Liabilit - Written and Oral $1,000 • Fire Le Liabilit $50,000 • Each Occurrence $1,000 a. The polic shall be endorsed to include the followin additional insured lan "The Cit of Tucson, its departments, a boards, commission universities and its officers, officials, a and emplo shall be named as additional insureds with respect to liabilit arisin out of the activities performed b or on behalf of the Contractor"'. (Note that the other g overnmental entff is /are also re to be additional Insured(s) and the should suppl the Contractor with their own fist of persons to be insured.) b. Polic shall contain a waiver of subro a the Cit of Tucson, its departments, a boards, commissions, universities and its officers, officials, a and emplo for losses arisin from work performed b or on behalf of the Contractor. Marana Re Council Meetin 04/21/2015 Pa 43 of 142 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, hoards, 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 insured(s) 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 sou rces. 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. Marana Regular Council Meeting 04/21/2015 Page 44 of 142 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 AW 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 - contractors) 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 - contractors) is/are a City of Tucson agency, board, commission, or university then none of the above shall apply. Marana Regular Council Meeting 04/21/2015 Page 45 of 142 CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT Yx_ r ' 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 flies 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 flies. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to mare 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. Marana Regular Council Meeting 04/21/2015 Page 46 of 142 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. Reci pients/su breci pients 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. Marana Regular Council Meeting 04/21/2015 Page 47 of 142 Exhibit ..B" Page 3 INFORMANT FILES 1, Secu ri 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. Pocumentation. 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 FB1/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/1. 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 w i l l 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. Marana Regular Council Meeting 04/21/2015 Page 48 of 142 Exhibit T 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. Marana Regular Council Meeting 04/21/2015 Page 49 of 142 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. Marana Regular Council Meeting 04/21/2015 Page 50 of 142 Exhibit "."B.' Page 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. Infiormant 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 will 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 readva nced, 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. Marana Regular Council Meeting 04/21/2015 Page 51 of 142 - r C? RANA -P 115 5 5 W. CIXq C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item L 1 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: April 21, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #919, located at 4180 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) Discussion: This application is for a new series #10 Beer and Wine Store liquor license at Giant Store #919 located at 4180 W. Ina Road, Tucson, Arizona 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 has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. 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." Marana Regular Council Meeting 04/21/2015 Page 52 of 142 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 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. 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 and submit to the DLLC an order recommending approval of a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #919, located at 4180 W. Ina Road, Tucson, Arizona 85741. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #919, located at 4180 W. Ina Road, Tucson, Arizona 85741. Attachments: Application Affidavit Local Governing Body Recommendation Description of License Type Marana Regular Council Meeting 04/21/2015 Page 53 of 142 I 'D FEE', 2? LP.T., DePt Rhilr"p- Arizona Department of Liquor Liten*ses and Control 00 West Washington, 5 'RECEIVED phoenix, Arizona..857 MAR 3 0 2015 vvww,ai�quvr.gor� 602 - 542 - 51 Town of Marana .- - Clerk's Office `" APPLICATION FOR LI.. UOR LICENSE E q y TYPEC11 P` FNT WITH : 1-AC K INK Notice: Effective Nov. 1, 1997, All owners A ants Partners Stockholders officers or, Manag ers activek. lnvvlved in the da y to day operations of the business must attend a Department approved liquor law tra ining course vT provide proof of attendance Within the last five years. See page 5 of the Liquor Licensing requirements. . SECTION 'I This application Is for SECTION 2 ' Type of ownership. ❑ MORE THAN ONE LICENSE ® INTERIM PERMIT Complete Section 5 C7 J.T.W. R.O.S. Complete Section 6 ® NEW LICENSE Complete Sections; 2, 3, 4, 73, 74, - 16r ; ❑ INDIVIDUAL Complete Section 6 6 El PERSON TRANSFER (Bars & Liquor Stores ONLY} El P ARTNERSHIP Complete Section Complete Sections 2, 3, 4, 'f 1:13,5; �' 0 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor stores! ONLY) 19.LIMITED.LIABILITY CO. Complete Section 7 Complete ,Sections 2, 3, 4, 'f '3, 75, 1 0 1. El [CLUB Complete Section 8 ❑ PROBATEIWILL ASSIGNMENT/DIVORCE. DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 16'. (fee . not required) ❑TRUST Complete Sectio 6 ❑ GOVERNMENT Complete Sections Z 3, 4, 10, 13, - - 15,' 16 ❑ OTHER (Explain) SECTION 3 Type of license and fees LICENSE #4s : YID , 1. Type of Li cense s ): B eer and Wine series 14 - Department Use Only 2. Total fees attached: $ Q?9— APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT RtFUll DABLE. The fees allowed under A.R.S. 44 -6852 will be charged for all dishonored checks. SECTION 4 Applicant QMr. Burton Roger Kenneth 1.Owner /Agents Name: E] Ms. , (Insert one name ONLY to appear on license) Last First Middle . Western Refining Retail, LLC ?D1 2. Corp. /Partnership /L. L.C.. (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: Giant Store # 919 b xc ns (Exactly as it appears on the exterior of premises) 4. Principal Street Location 4184 W. Ina Rd. Tucson Pima 85741 (Do not use PO Box Number) City County Zip 5. Business Phone: 524 - 744 - 2813 Daytime Phone 602-286-1922 E : roger.bu rton @wnr com -- 6. Is the business located within the incorporated limits of the above city or town? NYES ❑NO 7. Mailing Address 1254 W. Washington street # 141, Tempe, AZ 85281 City State Zip 8. Price paid for license only bar, beer and wine, or liquor store: Type $ Type $ DEPARTMENT USE ONLY Fees: b � � [0p ,f�? .�— � �-� , LQ Application Interim Permit Site Inspection Finger Prints $ � TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete? 4YES ❑ NO Accepted by: L)LL) Date: � I� C 1 t Lic. # �0 L 0 �J 1 �D 9 J 1m2013 *Disabled individuals requiring special accommodation, please can (soz) 54z -yuzi. )(6 - U(I . U�.e •sew l Marana Regular Council Meeting 04/21/2015 v- �K"Loq S ECTION 5 Interim Permit: -{ rf u 1. If you intend to operate business when your application is pending you will need an Inter 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. 101 03124 4. Is the license currently in use? CK YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION To THIS APPLICATION. I Roger Kenneth Burton , 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 locat n. State of Count y of - K Maria aria The fore oin 'strum as acknowledged be,�me this �orA�Y usi# � 4 RI ZONA TY fay f I My commi si orb bay Month e sslun xPires June 10, 2018 t ignature of NOTARY PUBLIC) SECTION 6 Individual or Partnership owners: EACH PERSON LISTED MAST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LICO101) AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Individual: Last First Middle %(awned Mailing Address City State Zi 3 Y K H � 0 C V c 1'4 r 1 T 2 Marana Regular Council Meeting 04/21/2015 Page 55 of 142 Partnership Name: (only the first partner listed will appear on license) 2. Is any person, other than the above, going to share in the profitsl osses of the business? ❑ YES ❑ NO If Yes, give name, current address and telephone number of the persons). Use additional sheets if necessary. SECTION 7 Corporation/Limited Liability Co.. 6 - � 27 } 126 �s L ..• 7... EACH PERSON LISTED MUST SUBMIT COMPLETER (QUESTIONNAIRE (FORM LIC001), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. Cl CORPORATION Complete questions 7, Z 3, 5, 6, 7, and 8. 0 L. L. C . Complete 1, Z 4, 5, 6, 7, and 8. 1. Name of Corporation /L.L.C.: Western Refining Retail, LLC (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated /Organized: 09/25/2014 3. AZ Corporation Commission File N o.: 4. AZ L.L.C. Pile No: R- 1954747 - 5. Is Corp. /L.L.C. Non - profit? Cl YES ®NO Date authorized to do business in AZ: Date authorized to do business in AZ: 1 0/2/2014 6. List all directors, officers and members in Corporation /L.L.C.: Las First Middle Title Mailin Address City State Zi western Refining Southwest, Inc. Sole Memb 1 1250 W. Washington Street # 101, Tempe, AZ 85281 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10 0 16 or more: Last First Middle % Owned Mailing Address City State Zip Western Refining Southwest, Inc. 1 100 1 1250 W. Washington Street # 101, Tempe, AZ 55281 -- _ (ATTACH ADDITIONAL SHEET IF NECE SSARY) 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. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LICIT' 01), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non - profit? L YES El NO 3. List officer and directors: State where Incorporated /Organized: Delaware (ATTACH ADDITIONAL SHEET IF NIA UL�i�iAKY) 3 Marana Regular Council Meeting 04/21/2015 Page 56 of 142 W e stern �..e���xx�g Southwest In Sole Member of Western Refining Retail, LLC The following officers are officers of Western Refining Retazl, LLC and Western Refining Southwest, Inc. Robert C. Sprouse, Vice President - Retail 1250 W. Washington St., # 101, Tempe, AZ 85281 Gary R. Dalke, Chief Financial Officer 1250 W. Washington St., # 101, Tempe, AZ 85281 William R. Jewell, Chief Accounting Officer 1250 W. Washington St., # 107, Tempe, AZ 85281 Mark J_ Srnith, President — Refining and Marketing 1250 W. Washington St_, # 101, Tempe, AZ 8528 Giant Industries, Inc. 100% stockholder o£ Western Refining Southwest, Inc- Western Refining, Inc. (NYSE: WNR) — Publicly Traded Company 100% stockholder of Giant Iudustries, Inc. TTie following officers are officers of. Giant Industries., Inc. and Western Refining, Inc. Gary R. Dalke, Chief Financial Officer 1 250 W. Washington St_, # 101, T AZ 85281 William R. Jewell, Chief Accounting Officer 1250 W. Washington St., # 101, Tempe, AZ 85281 Mark J. Smith, President — Defining and Marketing 1 258 W. Washington St., # 101 , Tempe, AZ 85281 Marana Regular Council Meeting 04/21/2015 Page 57 of 142 SEC TION 9 Probate, w Assignment or Divorce germ � .� �� Liquor Store License: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: La st First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. .. ....0 ....0 � low SECTION Government: (for cities, towns, or counties 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 'I I 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: Enti (Exactly as it appears on license) Last First Middle (lndiv., Agent, etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Physical Street Location of Business: Street City, State, Zi 5. License Type: License Number: 6. If more than one license to be transfered: License Type: License Number: 7. Current Mailing Address: Street (Other than business) City, State, Zip 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? El YES 0 NO 9. Does the applicant intend to operate the business while this application is pending? El YES E NO If yes, complete Section 5 of this application, attach fee, and current license to this application. 10. I , hereby authorize the department to process this application to transfer the (print full name) p rivilege e of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. 1 , declare that 1 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. State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on: Marana Regular Council Meeting 04/21/2015 N (Signature of NOTARY PUBLIC) Page 58 of 142 e; 1 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1. Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) 3. License Type: Address License Number: 4. If more than one license to be transferred: License Type: License Number: 5. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all instate applicants e„ xciudin thos ,�,pi i far gov r nmen i, hoteiln c �,a An rer licen es (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 (1) through ( or within three hundred (300) horizonal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel /motel license (§ 4-205.01) c) Government license (§ 4- 205.03) d) Fenced playing area of a golf course (§ 4 -207 (13)(5 )} 1. Distance to nearest school. 38Z ft. Name of school PPEP TecW John David Arnold Learning Center Address 4140 W. Ina Road, Tucson, AZ 85741 City, State, Zip 2. Distance to nearest church: 3168 ft. Name of church The Road Church Address 7651 N. Oldfather Rd. Tucson, AZ 85741 City, State, Zip 3. I am the: El Lessee ❑ Sublessee ❑ owner ❑ Purchaser (of premises) 4. If the emises is leased give lessors: Name O.P. Plaza Group, LLC C/O Romano Real Estate Corporation p Address 3900 E. Via Palomita, Tucson, AZ 85718 City, State, Zip 4a. Monthl y rental /lease rate $ 14,517.78 What is the remaining length of the lease 6 yrs. ? mos. 4b. What is the penalty if the lease is not fulfilled? $ or other Lose Site (give details -- attach additional sheet if necessary) 5. What is the total businggs indebtedness for this license /location excluding the lease? 0 Please list lenders you owe money to. 6. What type of business will this license be used for (be specific)? Gas Station /Convenience store 5 Marana Regular Council Meeting 04/21/2015 Page 59 of 142 (ATTACH ADDI`n ONAL- SHEET IF NECESSARY) SECTION 13 - c ont inued 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? ❑ YES 23 No if yes, attach explanation. y p q 8. Does an s pirituous liquor manufacturer, wholesaler, or employee have any interest in your business? El YES N NO 9. is the premises currently licensed with a liquor license? N YES ❑ NO If yes, give license number and licensee's name: License #10103124 (exactly as it appears on license) Name Roger Kenneth Burton m� m� oil, ■ an� powwo sommmom m . fly monk . . nommo m .MMON.. ■� � .RFC_*.T10N 14 Restaurant or hotel /motel license applicants: 1. Is there an existing restaurant or hotel /motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give the name of licensee, Agent or a company name: .�.. __ _�...__. _..�..._ - -- - -- and license #: Last First 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 food and spirituous liquor on the licensed premises, app g remises. B a 1 in for this El hotel /motel ❑ restaurant license, I certify that I understand that I must maintain a minimum of 40 p ercent food sales based on these definitions and have included the Restaurant Hotel /Motel Records Required for Audit (form LIC 1013) with this application. applicant's signature As stated in A. R.5 § 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 P p are in lace on the licensed remises. With the exception of the patio barriers, these items are not required to be properly in stalled 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, P y a p and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and click on the "Information" tab. applicants initials SECTION 15 Diagram of Premises: (Blu not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: 91 Entrances /Exits 99 Liquor storage areas Patio: ❑ Contiguous ❑ Service windows ❑ Drive -in windows El Non Contiguous 2, is your licensed premises currently closed due to construction, renovation, or redesign? El YES ® No If yes, what is your estimated opening date? month/day/year 3. Restaurants a n d applicants hotel /motel a licants 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. a detailed floor plan) you provide is required to disclose only the area(s) where spiritous liquor is to be 4. The diagram t p } y d served consumed, dispensed, possessed, or stored on the premises unless it is a restaurant see #3 above. sol , 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 �n A.R.S. • § 4-207.01(B), 1 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. rry , applicants initials 6 Marana Regular Council Meeting 04/21/2015 Page 60 of 142 SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, r� dis ensed assessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, p hi -top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not Include parking lots, living 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. SECTIO 'I Signature Block l Boger Kenneth Burton , hereby declare that I am the OWNER /AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. I have read this application and verify all statements to be true, correct and complete. X /e�9� - (Sig tune of applicant listed in Section 4, Question 1 ) Mariann Mattia State of NOTARY PUBLIC ARIZONA MARICOPA COUNTY My Commission Expires June 10, 2018 6b KA%/ n_nmmicz� inn eynires on: Day Month Year Count o� The fore�`t�n instrument a cknowiedged before me this y Mon Year signature of NOTAR PUBLIC 7 Marana Regular Council Meeting 04/21/2015 Page 61 of 142 L U 1 Cj C) -14 Marana Re Council Meetin 04/21/2015 Pa 62 of 142 Date of Posting: Applicant Name: Last 4180 W. Ina Road Business Address: Street 101 03753 License #: First Middle Tucson 85741 City Zip hereby certify that 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. Print Name of City /County official Title Signature Date Signed 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 call (602) 542 -9027 LicD119 412009 Telephone # Marana Regular Council Meeting 04/21/2015 Page 63 of 142 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007 -2934 www.azliquor.gov` Z (602) 542 -5141 �V� sue.. � In r--- -r '0 - -look '60':0k - - - '11� / _ Local Governing Body Recommendation - A § 4- 2 01(C) . k f Ma rana r _ti - 10103763 1. City o Qon f: Liquor License Application #: (circle , (Ari zona application #) 4 4 t44 2. County of: Pima , Arizona. Cit Town County #: Marana P. n 1 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2) and a boundary map (name of entertainment district) (date of resolution to create the entertainment district) of entertainment district must be attached. 4. The Marana Town Council at a regular (governing body) April , 2015 (regular or special) meeting held on the 21st I e"V i considered the application of Giant Store #919 (month) (year) (name of applicant) for a license to sell spirituous liquor at the premises described in application 10103763 (Arizona liquor license application #) for the license series #: type Series #10 Beer and Win es provided by A.R.S. §4 -201. (i.e.: series # 10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Giant Store #919 (name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5t" Floor, Phoenix, Arizona. Marana, Arizona April 2015 Dated at on 21st , (location) (day) (month) (year) Jocelyn C. Bronson (printed name of city (own r county clerk) of (signature of city (:ow r county clerk) September 30, 2014 page 1 of 1 Disabled individuals requiring special accommodations please call (602)542 -9051 Marana Regular Council Meeting 04/21/2015 Page 64 of 142 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 Marana Regular Council Meeting 04/21/2015 Page 65 of 142 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 Marana Regular Council Meeting 04/21/2015 Page 66 of 142 - r C? RANA -P 115 5 5 W. CIXq C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item L 2 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: April 21, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Western Express # 811, located at 7 810 N. S ilverbell Road, Marana, Arizona 85743 (Jocelyn C. Bronson) Discussion: This application is for a new series #10 Beer and Wine Store liquor license at Western Express #811 , located at 78 10 N. S ilverbell Road, Marana, Arizona 8 5 743 . 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 has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. 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." Marana Regular Council Meeting 04/21/2015 Page 67 of 142 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 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. 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 and submit to the DLLC an order recommending approval of a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Western Express #811, located at 7810 N. Silverbell Road, Marana, Arizona 85743. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Western Express #811, located at 7810 N. Silverbell Road, Marana, Arizona 85743. Attachments: Application Affidavit Local Governing Body Recommendation Description of License Type Marana Regular Council Meeting 04/21/2015 Page 68 of 142 Arizona Department of Liquor Liten�ses and Control 80 washin ton 5th Floor RECEIVE o t g Phoenix, Arizona 850.07 MAR 3 0 2 015 wwmazliquor .602-542-5141 Town of Marana Clerk's office APPLICATION. FOR 'LIQUOR LICENSE r. TYPE OR PRINT TH,13 LACK INK Notij,e. Effective Nov. 1 1997 All owners, Agents, Partnbrs, Stockholders; officers: or. Managers actively Involved in the day to day_oyerations of the business must attend a Department approved liquor lau' framing course or proyi,de proof of attendance within the last five years. See page 5 of the L u" or Licensing requirements. - SECTION 1 This application is far a: C T y pe of ownership ""SECT yp ❑ MORE THAN ONE LICENSE N INTERIM PERMIT Complete Section 5 ❑ J.T.W. R. o. S. Complete Section 5 NEW LICENSE Complete Sear "orrs 2; 3 4, 3, ?4, ? 5; El 1 N DJVI [DUAL Complete Section G PERSON TRANSFER (Bar & Liq Stores ONLY) : ❑ PARTNERSHIP Complete Sec 6 Complete Sections 2, 3 4; 11 13- 16 15 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bar and Liquor Stores.-ONLY} 91 LIMITED. LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4. 12, 13, 75, 16 Cl CLUB Complete Section 8 ❑ PROBATENVILL ASSIONMENTINVORCE DECREE" [] C omplete 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, 15, 16. ❑ OTHER (Explain SECTION 3 Type of license and fees LICENSE # s : � � � � 9 (p� Yp f 1. Type of License Beer and wine Series 10 Department Use only 2. Total fees attached: $ - APPLICATION FEE AND INTERIM PERMIT FEE'S (III APPLICABLE) ARE NOT RE The fees allowed under A.R.S. 44 -5852 will be charged for all dishonored checks. SECTION 4 Applicant El Mr. 1. Owner /Agent's Name: E] Ms. Burton, Roger Kenneth (Insert one name ONLY to appear on license) Last First Middle Z. Corp ./Partnership /L.L.C.: Western Refining Retail, LLB . i 6-,5 (Exactly as it appears on Articles of Inc. or Articles of Org.) . 3. Business Name: Western Express # 811 (Exactly as it appears on the exterior of premises) 4. Principal Street Location 781 N. Siilverbell Rd. (Do not use PO Box Number) City 5. Business Phone: 520 -579- -6407 Daytime Phone: 602 -286 -1922 Pima 85743 County Zip E ma ik roger.burton @w com— — — — —`^ - - - - B. Is the business located within the incorporated limits of the above city or town? 'EYES ❑NO 7. Mailing Address: 1250 W Washington Street # 101, Tempe, AZ 85281 City State Zip 8. Price paid for license only bar, beer and wine, or liquor store: Type $ Type $ DEPARTMENT USE ONLY Fees: � z ^� � g6),, — 00 Application Interim Permit Site Inspection Finger Prints $ - t �� TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete? ) ❑ NO Accepted by: Date: � I � � � � Lic. # D 1 --- 1/7/2013 *Disabled individuals requiring special accommodation, please call (602) 542 -9027. 1 X Q— I c,- sc c. Tucson Marana Regular Council Meeting 04/21/2015 AgleAo44 1 SECTIONS interim Permit. I L. i = , ' rx ` I s 1. If you intend to operate business when your application 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. 1 0103167 4. Is the license currently in use? N YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. r Roger Kenneth Burton 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 q�9 X Mariann Nlattia T e oregoin instru ent Ms cknowledged before me this (Signature) NOTARY PU8LI(; , ARIZON � � a of MARI~COPA COUNTY � My commission expires on: Y-e r ;ir ^ e3 Da Month r J u ne 1 0, 2018 i nature of NOTARY PlJ IC) ,...... rrrNrrw.r rrw..rw. �...... ,....r .. .a.�.. ..�...�. �..... ........... ...,. SECTION 6 Individual or partnership owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN ''APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Individual: Last First Middle % Owned Mailing Address City State Zi ... . ) r K H ' z) C k., c [NJ r- I T I Marana Regular Council Meeting 04/21/2015 Page 70 of 142 Partnership Name: (Only the first partner listed will appear on license) 2. Is any person, Other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO If Yes, give name, current address and telephone number of the persons). Use additional sheets if necessary. SECTION 7 Corporation /Limited Liability Co.: _15 �. EACH PERSON LISTED MUST SUBMIT COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. CORPORATION Complete questions 1, 2, 3, 5, 6, 7, and 8. L. L. C. Complete 1, 2, 4, 5, 6, 7, and 8. 1. Name of Corporation /L. L. C.: Western Refining Retail, LLC (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated /Organized: 09/25/20 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: R- 1954747 - State where incorporated /Organized: Delaware Date authorized to do business in AZ: Date authorized to do business in AZ. 10/2 5. Is Corp. /L.L.C. Non profit? Cl YES NNO 6. List all directors, officers and members in Corporation /L. L.C.: 7. List stockholders who are controlling persons or who own 10% or more: Last First Middle % Owned Mailing Address City State Zip Western Refining Southwest, Inc. 100 1250 W. Washington Street # 101, Tempe, A7 85281 (A I I AUH AUDI I [UNAL 7tyCC I Fr 7 ] 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. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non -- profit? El YES El NO 3. List officer and directors: Marana Regular Council Meeting 04/21/2015 Page 71 of 142 (ATTACH ADDITIONAL SHEET IF NECESSARY) (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 Western Refining Southwest, Inc. Sole Member of Western Refining Retail, LI.,C 2'he following officers a� o}�xce�s of Western Refining Retail, LLC and Western Refining Southwest, .Inc_ = Robert C. Sprouse, Vice President-Retail 1250 W. Washington St., # 101, Tempe, AZ 85281 Gary R. Dalke, Chief Financial Officer 120 W. Washington St., # 901, Tempe, AZ 85281 William R. Jewell, Chief Accounting Officer 1250 W. Washington St_, # 1o1 Tempe, ,Z 8528 Mark J. Smith, President - Refining and Marketing 1250 W. Washington St., # 101, Tempe, AZ 85281 Giant Industries, Inc. 100% stockholder of Western Refuting Southwest, Inc- Western Refining, Ine. (NYSE: VVNR) — Publicly Traded Compalxy 100% stockholder of Giant Industries, Inc. The following officers are officers of. Gl"ant Industries , Inc_ and YYestem .Refining, Inc. Gary R. Dalke, Chief Financial Officer 120 W. Washington St., # 101, Tempe, AZ 85281 VUliarn R. Jewell, Chief Accounting Officer 1 250 W. Washington St., # 101, Tempe, AZ 85281 Mark J. smith, 'resident — Refining and Marketing 1250 W. Washington St., # 101 , Tempe, AZ 85281 Marana Regular Council Meeting 04/21/2015 Page 72 of 142 A A r •' •' SECTION 9 Probate, will Assignment or Divorce DecrEr4, !Mt 60W"r 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 Last Renewal:. 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SE CTION 10 Government: (for cities, towns, or counties only) 1. Governmental Entity: 2. Person /designee: Last 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 06,97, and 49). 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation /L.L.C. Name: Last First Middle First Middle Contact Phone Number Entity: (lndiv., Agent, etc.) (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4.' Physical. Streit Location of. Business: Street 5. License Type: City, State, Zip License Number: G. If more than one license to be transfered: License Type: License Number: 7. Current Mailing Address: Street (Other than business) City, State, Zip 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? Cl YES El NO 9. Does the applicant intend to operate the business while this application is pending? El YES ❑ NO If yes, complete Section 5 of this application, attach fee, and current license to this application. 10. IT , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfilment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. I, , 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. State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on: 4 (Signature of NOTARY PUBLIC) Marana Regular Council Meeting 04/21/2015 Page 73 of 142 D 91.1 SECTION 12 Location to Location Transfer: Bars ar d Li &o� o 4 � r s ONLY APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1. Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) 3. License Type: Address License Number: 4. If more than one license to be transferred: License Type: License Number: 5. What date do you plan to move? What date do you plan to open? � WOMEN=. M mmomma .MI+M.MM.. � MMMMMO BORROWERS women m .IM .N.. $� � MMMMMEN SUMMMMMN MIMMMIINEE 1MMMNW1WWM ammomom x� ...... m� ARM SECTION 13 Questions for all in - state applicants udina the a.o0 in for gover nm -Qn hot ellmo el. nd rest UMt licfflsegi (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 (1) through (12) or within three hundred (300) horizonal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel /motel license (§ 4- 205.01) c) Government license (§ 4- 205.03) d} Fenced playing area of a golf course (§ 4 -207 (B )(5)} 1. Distance to nearest school: 31168 ft. Name of school Coyote Trail Elementary School Address 8 00 0 N. Silver Rd. Tucson, AZ 85 2. Distance to nearest church: 528 City, State, Zip Name of church Holy Cross Church ft Address 7730 N. Cortaro Rd. # 105 Tucso AZ 85743 City, State, Zip 3. I am the: O Lessee E7 Sublessee N ow El Purchaser (of premises) 4. If the premises is leased give lessors: Name Address City, State, Zip 4a. Monthly rental /lease rate $ - What is the remaining length of the lease yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details, -- attach additional sheet if necessary) 5. What is the total business indebtedness for this license /location excluding the lease? $ 0 Please list lenders you owe money to. 6. What ty of business will this license be used for (be specific)? Gas Station /Convenience store 5 Marana Regular Council Meeting 04/21/2015 Page 74 of 142 (ATTACH ADDI Tl ONAL SHEET IF NECESSARY) SECTION 13 M continued � _ � : � �. � � Al �� � . 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? ❑ YES 0 No if yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES 9 No 9. Is the premises currently licensed with a liquor license? R YES 0 NO If yes, give license number and licensee's name: License # 101 03167 (exactly as it appears on license) Name Roger Kenneth Burton SECTION 14 R estaurant or hotel /motel license applicants: 1. Is there an existing restaurant or hotellmotel liquor license at the proposed location? ❑ YES ❑ NO If yes, give the name of licensee, Agent or a company name: ----- __--- and license #: Last First Middle 2. If the answer to Question I 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. § 4µ205.42.C.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Cross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises. By applying for this ❑ hotel /motel ❑ restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel /Motel Records Required for Audit (form LIC 1013) with this application. applicant's signature As stated in A.R.S § 4- 205.02 (B), l 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 inspection visit www.azliquor.gov and click on the "Information" tab. applicants initials SECTION 1 5 Diagram of Premises: (Blueprints not accepted, diagram must be on this form 1. Check ALL boxes that apply to your business: 91 Entrances /Exits ® Liquor storage areas Patio: ❑ Contiguous Cl Service windows ❑ Drive -in windows ❑ Non Contiguous 2. is p our licensed remises currently closed due to construction, renovation, or redesign? El YES 0 NO Y If yes, what is your estimated opening date? month/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. 1­ applicants initials 6 Marana Regular Council Meeting 04/21/2015 Page 75 of 142 SECTIO 1 Diagram of Premises - -� area when �� � ���..br sold served consumed 4. In this diagram please show only the O � � � , dispensed, possessed or stored. It m ust shoat all entrances, exits, interior wa lls, bars, bar stools, hl-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living 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. SECTION 16 Signature Black Roger Kenneth Burton , hereby declare that l am the OWNER /AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. true, correct and complete. X (sign re of applicant fisted in Section 4, Question 1) Mariann Mattia NOTARY PUBLIC -- ARIZONA MARICOPA COUNTY My Commission Expires June 10, 2018 0 0 My commission expires on: Day Month Year I have read this application and verify all statements to be State of County offfn4L'`� The forego' instrument wa ck wledged before this of J Month Year signature of NOTARY PUBLIC 7 Marana Regular Council Meeting 04/21/2015 Page 76 of 142 rrrw Liqr b e tt:B WE vw-I 7-s; 17� 1 ; Uv Marana Regular Council Meetin 04/21/2015 -T- Pa 7.7.. of -1 ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL A F FID VIT F TING .. Date of Posting: Applicant Name: March 31 2015 I t of Postin g Removal: Burton Roger Last First 7810 N. Silverbell Road Marana Business Address: Street 10103762 License #: City Kenneth Middle 85743 Zip I hereby certify that 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. Print Name of City /County official Title Signature Date Signed 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 call (602) 542 -9027 L ic0119 4/2009 Telephone # Marana Regular Council Meeting 04/21/2015 Page 78 of 142 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007 -2934 www.azliquor.gov` Z (602) 542 -5141 �V� sue.. � In r--- -r '0 - -look '60':0k - - - '11� / _ Local Governing Body Recommendation - A § 4- 2 01(C) . k f Ma rana r _ti - 10103762 1. City o Qon f: Liquor License Application #: (circle , (Ari zona application #) 2. County of: Pima , Arizona. Cit Town County #: Marana P. n k;- 2A 1 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2) and a boundary map (name of entertainment district) (date of resolution to create the entertainment district) of entertainment district must be attached. 4. The Marana Town Council at a regular (governing body) April , 2015 (month) (year) meeting held on the 21st of (regular or special) (day) considered the application of Western Express #811 (name of applicant) for a license to sell spirituous liquor at the premises described in application 10103762 (Arizona liquor license application #) for the license series #: type Series #10 Beer and Win es provided by A.R.S. §4 -201. (i.e.: series # 10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Western Express #811 (name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5t" Floor, Phoenix, Arizona. Marana, Arizona April 2015 Dated at on 21st , (location) (day) (month) (year) Jocelyn C. Bronson (printed name of city (own r county clerk) (signature of city (:ow r county clerk) September 30, 2014 page 1 of 1 Disabled individuals requiring special accommodations please call (602)542 -9051 Marana Regular Council Meeting 04/21/2015 Page 79 of 142 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 Marana Regular Council Meeting 04/21/2015 Page 80 of 142 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 Marana Regular Council Meeting 04/21/2015 Page 81 of 142 - r C? RANA -P 11555 W. CIVIC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 6 5 3 Item A 1 To: Mayor and Council From: Cynthia Ross, Planner II Date: April 21, 2015 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Strategic Plan Initiative 5 — Evaluate and implement annexation that enhance commerce, business, industry and other Strategic Plan initiatives. Strategy a.n: Complete annexation of Twin Peaks Interchange area. Subject: Ordinance No. 2015.010: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Tiffany Loop and Twin Peaks Annexation, being an approximately 9.2 acre parcel of property generally located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (Interstate 10); and establishing original Town of Marana zoning (Cynthia Ross) Discussion: The Tiffany Loop and Twin Peaks Annexation Ordinance proposes to annex an approximately 9.2 acres generally located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (I -10 Frontage Road) within a portion of the northwest quarter of Section 22, Township 12 South, Range 12 East, of the Gila and Salt River Meridian, Pima County, Arizona. The annexation area is contiguous to the Town's corporate limits and is within the Town of Marana's General Plan Planning Area. The land use designation assigned to this parcel is I "Industrial." Pima County's Comprehensive Plan land use designation for this parcel is Urban Industrial (I). The Town of Marana is required to translate the existing Pima County zoning designation to a similar zoning designation in Marana without allowing densities greater than those permitted under the current zoning. This property is zoned in Pima County as General Business (CB -2). This allows a broad range of business and light industrial uses. The zoning will translate from Pima County's Marana Regular Council Meeting 04/21/2015 Page 82 of 142 General Business (CB -2) to Marana's Village Commercial (VC) with the following additional "Conditional Uses Upon Annexation" permitted by the Town Council pursuant to Marana Land Development Code section 10. 10, paragraph P: (A) Motel or hotel, together with the following accessory uses located on the premises and having no exterior entrance closer than one hundred feet to a public street: (i) Retail shops, (ii) Personal services, (iii) Recreational facilities, (iv) Restaurant, (v) Beverage service (B) Auto parking lot (within or without a building) shall be permitted as an accessory use to a hotel or other permitted use, subject to compliance with all applicable landscaping, bufferyard, and off - street parking and loading requirements set forth in the Marana Land Development Code. (C) Temporary uses of no longer than five years' duration may be permitted upon receiving a Conditional Use Permit under Section 10.10 of the Marana Land Development Code and in compliance with any requirements imposed as a condition of the Conditional Use Permit. All notification requirements have been complied with for this annexation as set forth in A.R. S. § 9 -471. The blank annexation petition was filed with the Pima County Recorder's office on September 26, 2014. The Town Council conducted a public hearing for this annexation on October 21, 2014. The Town has received signed petitions representing over 50% of the property owners and over 50% of the real and personal property value. Financial Impact: This annexation was previously discussed on March 4, 2014 with the approval of Ordinance 2014 -007 adopting the San Joaquin Pre - Annexation Development Agreement. Information related to the financial impact of this annexation to the Town are detailed in this agreement and attached to this report for review. Staff Recommendation: Staff recommends adoption of Ordinance No. 2015.010, approving the Tiffany Loop and Twin Peaks Annexation. Suggested Motion: I move to adopt Ordinance 2015.010, annexing into the corporate limits of the Town of Marana an approximately 9.2 acre parcel of land known as the Tiffany Loop and Twin Peaks Annexation. Attachments: Ordinance 2015.010 Exhibit A - Legal Description and Map Signed Blank Annexation Petition San Joaquin Pre - Annexation Development Agreement Ordinance Marana Regular Council Meeting 04/21/2015 Page 83 of 142 MARANA ORDINANCE NO. 2015o010 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE TIFFANY LOOP AND TWIN PEAKS ANNEXATION, BEING AN APPROXIMATELY 9.2 ACRE PARCEL OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF TWIN PEAKS ROAD BETWEEN TIFFANY LOOP AND THE CASA GRANDE HIGHWAY (INTERSTATE 10); AND ESTABLISHING ORIGINAL TOWN OF MARANA ZONING WHEREAS petitions in writing, accompanied by a legal description and map of the real property sought to be annexed as part of the Tiffany Loop and Twin Peaks Annexation, have been filed and presented to the Mayor and Council of the town of Marana, Arizona, signed by the owners of more than 50% of the value of the real and personal property and more than 50% of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana and not now embraced within its limits, asking that the property be annexed into the Town of Marana and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS the Mayor and Council of the Town of Marana, Arizona, desire to approve the Tiffany Loop and Twin Peaks Annexation and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 9.2 acre parcel of property generally located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (Interstate 10), described and depicted in Exhibit A attached to and incorporated in this Ordinance by this reference; and WHEREAS the Tiffany Loop and Twin Peaks Annexation is an area within portions of Section 22, Township 12 South, Range 12 East, of the Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS the petitions set forth a true and correct description of all the exterior boundaries of the entire area of the proposed Tiffany Loop and Twin Peaks Annexation and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS no alterations increasing or reducing the territory sought to be annexed have been made after the petition was signed by any owners of real and personal property in such territory; and WHEREAS the existing, pre- annexation Pima County zoning classification on the property is CB -2 General Business; and WHEREAS in order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the Tiffany Loop and Twin Peaks Annexation will translate to Town of Marana VC (Village Commercial) zoning; and {00040229.DOCX / 21 Ordinance No. 2015.010 - 1 - 4/14/2015 8:21 AM FJC Marana Regular Council Meeting 04/21/2015 Page 84 of 142 WHEREAS the Mayor and Council of the Town of Marana desire to exercise their authority under Marana Land Development Code section 10.10, paragraph P (Conditional Uses Upon Annexation), to conditionally permit certain additional uses permitted by Pima County under its CB -2 General Business zoning classification and not otherwise permitted under the Town of Marana VC (Village Commercial) zoning classification, in accordance with the San Joaquin Pre - Annexation Development Agreement approved by Marana Ordinance No. 2014.007, recorded (with the ordinance) in the office of the Recorder of Pima County, Arizona, on April 11, 2014, at Sequence 20141010089; and WHEREAS the provisions of A.R.S. § 9 -471 have been fully complied with; and WHEREAS proper and sufficient proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with true and correct copies of the signed annexation petition, the original of which has been recorded in the office of the Pima County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The territory known as the Tiffany Loop and Twin Peaks Annexation, described and depicted in Exhibit A attached to and incorporated by this reference in this ordinance, is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. Section 2. This Ordinance shall be forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. Section 3. On the effective date of this Ordinance, the zoning of the Tiffany Loop and Twin Peaks Annexation territory shall be Town of Marana VC (Village Commercial), with the following additional "Conditional Uses Upon Annexation" permitted by the Town Council pursuant to Marana Land Development Code section 10. 10, paragraph P: (A) Motel or hotel, together with the following accessory uses located on the premises and having no exterior entrance closer than one hundred feet to a public street: (i) Retail shops, (ii) Personal services, (iii) Recreational facilities, (iv) Restaurant, (v) Beverage service (B) Auto parking lot (within or without a building) shall be permitted as an accessory use to a hotel or other permitted use, subject to compliance with all applicable landscaping, bufferyard, and off - street parking and loading requirements set forth in the Marana Land Development Code. (C) Temporary uses of no longer than five years' duration may be permitted upon receiving a Conditional Use Permit under Section 10.10 of the Marana Land Development Code and in compliance with any requirements imposed as a condition of the Conditional Use Permit. {00040229.DOCX / 21 Ordinance No. 2015.010 -2- 4/14/2015 8:21 AM FJC Marana Regular Council Meeting 04/21/2015 Page 85 of 142 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of April, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00040229.DOCX / 21 Ordinance No. 2015.010 -3 - 4/14/2015 8:21 AM FJC Marana Regular Council Meeting 04/21/2015 Page 86 of 142 EXH I BIT a rm LEGAL DESCRIPTION AND MAP �NGINWERJ NC COMPANY OF TWIN PEAKS PROPERTY THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP SOUTH, RANGE 12 EAST I � � GILA SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AND THE PROPERTY THAT CONSISTS OF THE FOLLOWING VESTING DEEDS RECORDED AT THE PIMA COUNTY RECORDER'S OFFICE, DOCKET 7478 AT PAGE 78, DOCKET 7703 AT PACE 413, DOCKET 7523 AT PAGE 1750 AND DOCKET 8889 AT PACE 30, EXCEPT THAT PORTION IN DOCKET 8889 AT PACE 27, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION �22; THENCE SOUTH 00°40'40 "t EAST 75.00 FEET UPON THE NEST LIFE OF SAID NORTHWEST QUARTER TO A LINE BEING 75_QO FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER: THENCE NORTH 89 °34`30" EAST 78.50 FEET UPON SAID PARALLEL LIME AND UPON THE NORTH LINE OF SAID PROPERTY TO THE POINT" OF BEGINNING; THENCE CONTINUE NORTH 89 0 34'30" EAST 225.85 FEET UPON SAID PARALLEL LINE AND UPON SAID NORTH LINE OF SAID PROPERTY TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH 35 EAST 550.27 FEET UPON THE EAST LINE OF SAID PROPERTY TO AN ANGLE POINT; THENCE SOUTH 35 0 43'15" EAST 615.63 FEET UPON SAID EAST LINE TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL 2 IN THE FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 13527 AT PAGE 1959; THENCE SOUTH 46' NEST 105.11 FEET UPON THE NORTH LINE OF SAID PARCEL 2 TO A NON-TANGENT CURVE CONCAVE N ORTHWESTERLY , THE RADIUS POINT OF SAID CURVE BEARS NORTH 35 0 05'41 " NEST; THENCE SOUTHWESTERLY UPON SAID NORTH LINE OF SAID PARCEL 2 AND UPON THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 7470.44 FEET AND A CENTRAL ANGLE OF 00 " FOR AN ARC DISTANCE OF 125.33 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2 BEING ON THE SOUTH LINE OF SAID PROPERTY, THENCE SOUTH 70 WEST 217.85 FEET UPON SAID SOUTH LINE TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL 1 IN SAID FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 13527 AT PAGE 1 959 ; THENCE NORTH 72 WEST 8.15 FEET UPON THE EAST LINE OF SAID PARCEL 1 TO AN ANGLE POINT; THENCE NORTH 26*29'20" LEST 922.80 FEET UPON THE EAST LINE OF SAID PARCEL 1 TO A NON-TANGENT CURVE CONCAVE EASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 85 0 41 1 04" EAST; THENCE NORTHERLY UPON SAID EAST LINE OF SAID PARCEL 1 AND UPON 3 445 East Fort LowrelI Road ■ Su to t Z I • Tucson + Arizona + 8571 • (52 0) 795- E OOD ■ Fax: ( 52 0) 322 - 6956 + w-ww rick comm, Marana Regular Council Meeting 04/21/2015 Page 87 of 142 THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 527.96 FEET AND A CENTRAL ANGLE OF 23 °47'30 ", FOR AN ARC DISTANCE OF 2 19.23 FEET TO A TANGENT LINE; THENCE NORTH 00°31'26" WEST 46.95 FEET UPON SAID EAST LINE OF PARCEL I TO THE POINT OF BEGINNING, THIS LEGAL DESCRIPTION WAS PREPARED BASED ON THE LEGAL DESCRIPTIONS AND CALLS IN THE FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 13527 AT PAGE 1959, RECORDS OF THE PIMA COUNTY RECORDER. G;13833 Corp45urvey \Legals \3833LGaf_BOUNDARY.doc L ,. 23367 ROBERT L BROWN � O A . o Marana Regular Council Meeting 04/21/2015 Page 88 of 142 LINE. D NAME NW uuRNER -) . - 4 6' 13' w o -, �S)EC"10N 27 �4 6- 72 - 4 3 2 W 73, 0 3 a w 4ec. N 3 55f lio 5 CURVE DATA D ■ 0,6 4� / CL 4 0 6 t ce 0 d] r's R E A N 0 T H 0 r 1 N Ut 'E:WA"= 1 r ASSSl"-z"'S NO.: P. 296- 1-5-0 14A A 13 Z3, 4 4 LIJ C..D _cc La A ?'Z- A N 0 R _ �_. n CL T RAI N W A 77; p OR p LL AREA W n.. IN ( DRAINAGEWAY= SAM S.F. = rw CD rp -3.4 ■ 158 A PAr (Q_ U! A -�E' ei lz?-ra- is 10i 15A Wi r.&N 'AREA Wr_.-TN' Zb e—AL ARuA= R A INACCE W A v 6- Li I CRA T NAGEWAY' 7 4 OR 5.F. 91-2C-9 S _ 0. 0% . 7% d ^7 4:1 'R . ? r% t; _I- CR 0.70` 9 Al.= ■ Q Zit Lq LL Tu:,L REA 4 f L A LL R l ,.A L A -T-H DRMINA'O'EWAY= 03807 S.F AR;:7A SOU—'u OF O'R 2".3833 AC--re D&INAGEl' 18TA75 0JR 4='_304 ACI-M T.4 E 3 C U N C A -HIS OR A' MIG AR12 BASED ON _6'o&E6 _G DOES -. DESCR19'TIONS. TH!S DRAWIN NOT EPRrESEN- Z.OUHDARY \,, NC. 2 -,0,F FINAL CA- P r-v T ORDER OF CONDEMNATION tCA C.MjBT-�- OF A -01 R -0 N OF_ C K l=- T 7 — 1559 DOC 1-35213: PIAGUE - NOR_"_HWES Tl QUART`E F S O "TT ON 22 L , T OWNSHIP 12 SOL"-'H,, RANGE 12 EAST "NUGLAS E. A fCOUNTY. ARIZONA zu G% S R IMI . PTM � ► '�� Sa NEMER I W jt4 ,p 3945 EAST ]FORIF ii-C-) WELL ROAD - 5 lrl_ll: -1 1 OV OIN, Ir _52G.795-11000 I ENOR49ERNG "41 "'y .FM520_YjV4 P A 04/21/2n iinni PROP 82.UU42 7 7 F_ r 1 ! r i �z -7 mom N F. ANN RODRIGUE Z RECORDER Recorded Sy: KSH DEPUTY RECORDER 4934 SMARA TOWN OF MAMA PICKUP r , 3 F wig f` C4 . IZa ANNEXATION PETITION SEQUENCE: NO. PAGES: ANNEXP PICK UP AMOUNT PAID: [TIFFANY LOOP & TWIN PEAKS ANNEXATION TO THE H:ONORABZ:aE MAYOR. AND COUNCIL OF MAR.ANA, ARIZONA we, the undersigned, being the owners of one - -half or more in value of the real and personal property and more than one half of the pet owning real and personal property, as shown by the last assessment of the said property by the County Assessor or by the Arizona Department of Revenue, which would be subject to taxation by the Town of Marana in the event of annexation within the territory proposed to be annexed, which is described in the legal description attached to and incorporated in this Petition as Exhibit A, said territory being contiguoLIs to the corporate limits of the Town of Marana, with the exterior boundaries of the territory proposed to be annexed shown on the map attached to and incorporated in this Petition as Exhibit B, request the Town of Maralla to annex the described territory as provided in A.R.S. § 9 -471. PROPERTY OWNER: San Joaquin Land Investments LLCM. An Arizona limited liability Crony an PROPERTY ADDRESS: 6925 W. Linda vista Blvd Marana, AZ PROPERTY DESCRIPTION: ATTACHED (or parcel number or EXHIBIT A legal description) A7 STATE TAX CODE #: 226- 15 -015A AtJTHORI;ZED SIGNATURES '� , `� ",,, Date : lilyhq Date: Date: Date: (NOTE: Each signature inzist be dated.) Marana Regular Council Meeting 04/21/2015 Page 90 of 142 20143170190 4 11/13/2014 11:10 $7.00 L11 _NGrt-qEEmNc; COMPS Exhibit A Legal Description of Twin Peaks Property THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 12 EAST, , IL.A AND SALT RIVER MERIDIAN PfMA COUNTY, I , ARIZONA, AND THE PROPERTY THAT CONSISTS OF THE FOLLOWING VESTING DEEDS RECORDED AT THE PIMA COUNTY RECORDER'S OFFICE, DOCKET 7478 AT PAGE 78 DOCKET 7703 AT PAGE 413,1 DOCKET 7523 AT PAGE 1 750 AND DOCKET 3339 AT PACE 30, EXCEPT THAT PORTION IN DOCKET 3359 AT PAGE 27 BEING DESCRIBED AS FOLLOWS: COMMENCING,A.T THE NORTHWEST CORNER OF SAID SECTION 22; THENCE SOUTH 00 EAST 75.00 FEET UPON THE WEST LINE OF SAID NORTHWEST QUARTER TO A LINE BEING 75.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 ' 0 34'30 "f EAST 76.50 FEET UPON SAID PARALLEL LINE AND UPON THE NORTH LINE OF SAID PROPERTY TO THE POINT OF BEGINNING= THENCE CONTINUE NORTH 39 EAST 225.36 FEET UPON SAID PARALLEL LINE AND UPON SAID NORTH LINE OF SAID PROPERTY TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH 35 EAST 550.27 FEET UPON THE EAST LINE OF SAID PROPERTY TO AN ANGLE POINT= THENCE SOUTH 35 ' 0 43'15" EAST 515.63 FEET UPON SAID EAST LINE TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL 2 IN THE FINAL ORDER OF CONDEMNATION RECORDED IN DOCKED'" 13527 AT PAGE 1959; THENCE SOUTH- 46 WEST 105.01 FEET UPON THE NORTH LINE OF SAID PARCEL 2 TO A NON - TANGENT CURVE CONCAVE NORTHWESTERLY, THE RADIUS POINT OF SAID CURVE BEARS FORTH 35005`41 " WEST, THENCE SOUTHWESTERLY UPON SAID NORTH LINE OF SAID PARCEL 2 AND UPON THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A, RADIUS OF 7479.44 FEET AND A, CENTRAL ANGLE OF 00 *57"36 ", FOR AN ARC DISTANCE OF 125.33 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2 BEING ON THE SOUTH LINE OF SAID PROPERTY; THENCE SOUTH 70 WET 217.85 FET UPON SAID SOUTH LINE TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL 1 IN SAID FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 13527 AT PAGE 1959; THENCE NORTH 72 "' WEST 0,15 FEET UPON THE EAST LINE OF SAID PARCEL 1 TO AN ANGLE POINT; THENCE NORTH 26 °29'20" WEST 922.36 FEET UPON THE EAST LINE OF SAID PARCEL 1 TO A NON-TANGENT CURVE CONCAVE EASTERLY, THE RADIUS POINT OF SAID CURVE SEARS NORTH 65 EAST, THENCE NORTHERLY HERD UPON SAID EAST LINE OF SAID PARCEL 1 AND UPON 3945 East Fort € owel€ Road % Suite d t I • Tucson a Arizona a 957I2 • (52 -0f) 795 -1000 ■f=ax: (521 322 -6956 s www2nick;engineering.cor: Marana Regular Council Meeting 04/21/2015 Page 91 of 142 THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 527.96 FEET AND A CENTRAL ANGLE OF 23"47'30"g FOR AN ARC DISTANCE OF 219.23 FEET TO A TANGENT LINE; THENCE NORTH 00'031'26" WEST 46.95 FEET UPON SAID EAST LINE OF PARCEL I TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION WAS PREPARED BASED ON THE LEGAL DESCRIPTIONS AND CALLS IN THE FINAL ORDER OF CONDEMNA-HON RECORDED IN DOCKET 13527 AT PAGE 1959, RECORDS OF THE PIMA COUNTY RECORDER. G.*N3833—Corp\Surve I ICA 23367 ROBERT BROWN O � *Plt-e s '31 Marana Re Council Meetin 04/21/2015 Pa 92 of 142 C31 czy 01-IJ NAME T I r,,,N LINE DA EXHIBIT B NW C-URNER S 4 6 13 03 W ION 29 W 4 4 N 3 1 S A8 5;z 2, CURVE DATA `!Z4 \i AIM p .A S� ZE 32 4 4� ff 6 0 o t D R A I N A G:t,:- W A 166,195:1 SFw OR 3.814 A., 226-15--)14A -,A-,: Alr-?EA= L.L 138,443 S.F. 01F, '-3.476,, A C, � N 0 IR Luf D A I N A G E W A <5 3 %-5 2 S,'- 0 R 3 092�'O A 0. h iiA R A W 7' THIN N-1 0-,-RALrNAGEWA' FA R DEE- L A 3 Si-I S S,Q R " S N 0 W T T ".,REA, K'HIN 226-15-0 1-r-AA A At' AR�7A= AIN A GEW Y= :41 R A !,,q A G EWA Y= '41 OR 9,20-9 Ar'. 4 7,.,'4 :5 Q Z. % 11 1% A: CR 0.710" POR ON, OF 6-SSE;zS5RS Nk^;.-. '�A L4 226- 115-0130 1�1- u! � TO 'AL AREA= ed 7 fz AREA S= TH OF D A T u RflNA"EWAY= AR�-A SOUTH OF 0"'R 2.383 AC. DRAINAGEWAv= 187,475 S.F. OR 4.3304 A(-1-1. t jf � : S irAi. Lu `OWN 119E B01UNDARY LINES Z.-I i-1 THIS DRAWING AR' BASED ON D -, DRAWTN G bESCRIPTIONS. f 1 call NOT REPRESENT A BOUNDARY -S iu`p, V L �PAIIR �CE L N C.,, 2 Of" FINAL ORDER OF CONDEMNATION - CA "EXHIST-7 OF A DORI T ION or- DOCKET 135-27, lPAlU3E 1-9,59 NORTHWEST QUARTER OF SECT ION 22, 17470 TOWNSHIP 12 SOU TK, RANGE 12 EAIZT 9 DOUGLAS E. i % 1 !s I 1 0 AD t SCHNEDER � ;� � G&SRIM, PIMA C'OUN-i"Y, ARIZONA EN6 3945 E SST FORT s-OWELL ROA-D - I I C O A TUC-SON, AZ 85712 pzY-,Ss 520.795-1000 PAGF�' I Of- 1 �GL�NG ANY "FAX)520.322,6956 Margng K9g0l5F Couff-cil meetin U47Z.17R 7R7-Wvr` RNIN"P&PY 7)`M ^ I %, r 1P-ad&,,93f-6f'l 42 M, F. ANN ROD GUE z , RECORDER Recorded BY: JAL DEPUTY RECORDER 4916 SMARA TOWN OF MARANA PICKUP w� �a 14.1 Ai 1Z k SEQUENCE: NO. PAGES: PICK UP AMOUNT PAID: MARANA ORDINANCE NO. 2014.007 20.141010089 18 04/11/2014 9:38 $13.50 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE SAN JOAQUIN PRE - ANNEXATION DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF TWIN PEAKS ROAD BETWEEN TIFFANY LOOP AND THE CASA GRANDE HIGHWAY (I -10) WHEREAS the Marana Town Council finds that the San Joaquin Pre - Annexation Development Agreement is consistent with the Marana General Plan, applicable specific plans, and relevant Town policies; and WHEREAS the Marana Town Council finds that the San Joaquin Pre - Annexation Development Agreement 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, AS FOLLOWS: SECTION 1. The San Joaquin Pre - Annexation Development Agreement is hereby approved in the form attached to and incorporated by this reference in this ordinance as Exhibit A. SECTION 2. The Mayor is hereby authorized and directed to execute the San Joaquin Pre- Annexation Development Agreement for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of March, 2014. 4 1 Mayor Ed Honea ATTEST: APPROVED AS TO FARM: .. �! - 1 ! ! ! Ordinance 2014.007 Marana Regular Council Meeting 04/21/2015 Cassid(lTown Atto FU 2/11/2014 11:25 AM FJC Page 94 of 142 � F SAN JOAQUIN PRE - ANNEXATION DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS PRE - ANNEXATION DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town "), and SAN JOAQUIN LAND INVESTMENTS, L.L.C., an Arizona limited liability company (the "Owner "). The Town and the Owner are sometimes collectively referred to as the "Parties, " either one of which is sometimes individually referred to as a "Par - ty RECITALS A. The owner is the current owner of a parcel of land located in an unincorporated island of Pima county, Arizona, at the northeast corner of the intersection of Twin Peaks Road and Tiffany Loop bearing Pima county Assessor's parcel number 226- 15 -015A and referred to in this Agreement as the "Owner's Land, " depicted in Exhibit A and legally described in Exhibit B attached to and incorporated by this refer- ence in this Agreement. B. The owner's Land is zoned "'CB-2" General Business (the "Existing Zoning") in Pima county, without conditions or restrictions. C. Subject to the terms and conditions of this Agreement, the owner seeks an ordi- nance annexing the owner's Land into the Town's municipal limits. D. Upon such annexation, the Town will apply a Town of Marana zoning designa- tion to owner "s Land [the "Town Equivalent Zoning "] that permits densities and uses no greater than those permitted by the Existing Zoning, consistent with the provisions of this Agreement. E. The Town" s General Plan designates the anticipated future land use of the own- er's Land as "Industrial, " and some of the land in the vicinity of the owner's Land is currently zoned for industrial uses. F. Immediately east of and adjacent to the owner's Land, the Town owns a remnant of land located in unincorporated Pima County, Arizona at the northwest corner of the intersection of Twin Peaks Road and Interstate 10, depicted in Exhibit A attached to and incorporated by this reference in this Agreement, and referred to in this Agreement as the "Town Remnant Parcel." G. The Town Remnant Parcel was part of a larger parcel of land bearing Pima Coun- ty Assessor's parcel number 226 -15 -0130, acquired by the Town for the construction of 100029122,DOCx / 71 -1 - 2/ 26/2014 7:39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 95 of 142 the Twin Peaks Traffic Interchange project pursuant to the Intergovernmental Agree- ment between the State of Arizona and the Town dated August 1, 2007, JPA File No. 06 -148 (the "' Marana/ ADDT IGA"). H. The Marana/ ADoT IGA requires the Town to transfer to the Arizona Depart- ment of Transportation (ADOT) all highway right -of -way as designated in the Mara - na/ ADoT IGA. I. The Town Remnant Parcel is the portion of Pinta County Assessor's parcel num- ber 226 -15 -0130 remaining in the Town's ownership after transfer of highway right -of- way to ADoT pursuant to the Marana/ ADoT IGA. J. The owner may seek to acquire the Town Remnant Parcel through a competitive public bidding process, and if so, may choose to include the Town Remnant Parcel in a single unified development with the owner's Land. K. The Town desires to consider annexing the owner's Land in accordance with ap- plicable law and the terms and conditions of this Agreement. L. The Parties neither desire nor intend for this Agreement in any way to affect, hin- der, or interfere with the ability of the Town Council to approve or reject the ordinance to annex the Owner "s Land. M. The Parties anticipate that the owner will develop the owner "s Land and, if ap- plicable, the Town Remnant Parcel into a single unified development project containing one or more hotels, retail uses, fast food facilities, restaurants, appropriate signage and any other uses consistent with the Town Equivalent Zoning and this Agreement (the "Development ") . N. The Town and the owner desire to establish certain agreements regarding the Development pursuant to A.R.S. § 9- 500.05 and certain agreements in connection with development activities for the economic benefit of the Town pursuant to A.R.S. § 9- 500.11 upon and in accordance with the terms and conditions set forth in this Agreement. o. The Development is consistent with the Town's long -term economic develop- ment strategies and is expected to create a source of significant tax revenue for the Town for many years. P. The Development will have a substantial positive economic impact on the Town because it is expected to provide commercial and retail opportunities consistent with the businesses targeted by the Town. Q. The Development is in compliance with the Town's adopted and approved Gen- eral Plan (as defined in A.R.S. § 9 -461). R. The Town is authorized by A.R.S. § 9- 500.05 to enter into a development agree- ment with a landowner or other person or entity having an interest in real property located or to be located within the Town to facilitate development of the property by 100029122.DOCX / 7} - 2 - 2J 26/2014 7:39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 96 of 142 providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. S. In approving this Agreement, the Town Council has found and determined that certain activities relating to the Development are economic development activities with- in the meaning of A.R.S. § 9- 500.11, that all expenditures by the Town pursuant to this Agreement constitute the appropriation and expenditure of public monies for and in connection with economic development activities and that it is appropriate to provide the Owner with the reimbursement in this Agreement as an inducement to cause the Owner to construct, own and operate the Development in the Town. T. The Town adopted a notice of intent to enter Into this Agreement not less than 14 days before the Town council approved this Agreement, in compliance with A.R.S. § 9-- 500.11. U. The Town council finds that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner within the duration of this Agreement. V. An independent third party not financed by the Owner has verified (the "Eco- nomic Impact verification ") the Town council's finding that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner with- in the duration of this Agreement. W. The Town council finds that in the absence of the reimbursements to the Owner provided pursuant to this Agreement, the Development would not locate in the Town in the same time, place or manner as it will with the reimbursements to the Owner. X. The Owner will incur out -of- pocket public infrastructure construction costs and will make certain contributions for public infrastructure in the immediate vicinity of and directly benefiting the Development. Y. The reimbursements to the Owner provided pursuant to this Agreement are in- tended to reimburse the Owner for its out -of- pocket public infrastructure construction costs and public infrastructure contributions and related interest and carrying costs, as described more specifically in this Agreement. A GREEmENT Now, THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Agreement as though fully restated here, and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows. 1. Initiation of annexation process. Upon the Owner's request, the Town agrees to initi- ate proceedings to annex the Owner's Land and any other adjacent unincorporated lands the Town chooses to include into the Town's municipal limits, by recording a blank annexation petition, scheduling a public hearing on the annexation, and taking the other steps required by A.R.S. § 9 -471. This Agreement automatically terminates on f 00029122.DOCX / 71 -3- 2/ 26/ 2014 7:39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 97 of 142 the first anniversary of the Town Council's adoption of the resolution approving this Agreement if by that time the owner has failed to request the Town to initiate proceed- ings to annex the owner's Land. This Agreement automatically terminates on the fifth anniversary of the Town Council's adoption of the resolution approving. this Agreement if by that time this Agreement has not become operative (see paragraph 5 below). 2. Annexation ordinance consideration and adoption. The ordinance to annex the own- er's Land shall not be scheduled on the Town Council's agenda for consideration of adoption until the Town has provided owner with a copy of the Economic Impact Verification and the owner has signed the annexation petition necessary for the consid- eration of the annexation ordinance (the "Annexation ordinance "). when the Annexa- tion ordinance is introduced for consideration by the Town Council, it will include a provision adopting an initial Town zoning classification of VC Village Commercial for the owner's Land. VC Village Commercial allows uses and densities no greater than those permitted in Pinta County, as provided in A.R.S. § 9- 471(L). In addition to the VC Village Commercial uses, the Annexation ordinance will include "Conditional Uses Upon Annexation" permitted by the Town Council pursuant to Marana Land Devel- opment Code section 10.10, paragraph P, allowing certain specific uses and densities that exceed what is allowed in Town of Marana VC Village Commercial but that are permitted under the Pima County CB -2 zoning as it now applies to the owner's Land. At a minimum, these "Conditional Uses Upon Annexation" shall include the following: (A) Motel or hotel, together with the following accessory uses located on the premises and having no exterior entrance closer than one hundred feet to a public street: (i) Retail shops, (ii) Personal services, (iii) Recreational facilities, (iv) Restaurant, (v) Beverage service (B) Auto parking lot (within or without a building) shall be permitted as an ac- cessory use to a hotel or other permitted use, subject to compliance with all applica- ble landscaping, bufferyard, and off - street parking and loading requirements set forth in the Marana Land Development Code. (C) Temporary uses of no longer than five years' duration may be permitted up- on receiving a Conditional Use Permit under section 10.10 of the Marana Land De- velopment Code and in compliance with any requirements imposed as a condition of the Conditional Use Permit. 3. Oumer's u3ithdrauaai from annexation. The owner may withdraw from the annexa- tion at any time prior to the Town Council's adoption of the annexation ordinance. If f 00029122.DOCX / 7) -4- 2/ 26/ 2014 739 PM FJC Marana Regular Council Meeting 04/21/2015 Page 98 of 142 not timely rescinded by the Town Council or challenged by referendum, the annexation ordinance shall become effective 30 calendar days after its adoption by the Town Coun- cil in accordance with A.R.S. § 9-471. If there is sufficient time before the annexation ordinance becomes effective to satisfy legal notice requirements, the Town Council shall (by motion for reconsideration or other appropriate means) rescind the annexation ordinance if (a) the annexation ordinance is challenged by reconsideration or referen- dum and (b) the Owner requests that the annexation ordinance be rescinded. 4. No requirement to proceed. Nothing in this Agreement shall require the Owner to proceed with the annexation, or the development of the O'wner's Land. 5. Term. This Agreement shall become effective as of the effective date of the resolu- tion of the Town Council approving the mutually executed Agreement (the "Effective Date and shall become operative on the effective date of the Annexation Ordinance. The term of this Agreement shall begin on the Effective Date and, unless sooner termi- nated by the mutual consent of the Parties or automatically terminated pursuant to paragraph 1 above, or as otherwise provided herein, shall automatically terminate and shall thereafter be void for all purposes on the earlier of (a) the 21st anniversary of the first reimbursement payment (see paragraph 17 below) or (b) the 24th anniversary of the Effective Date. 6. Proposed uses. The Development is a retail center planned to accommodate a range of differing but complementary retail - related land uses on an integrated and master - planned basis. Overall, the Development is expected to create substantial additional sales tax revenues for the Town, assist in the creation or retention of jobs and otherwise improve or enhance the economic welfare of the residents of the Town by bringing customers to the Development from the Town and surrounding communities. 7. Definitions. The following def initions shall apply to this Agreement: (A) "Construction Sales Tax Revenues" mean those portions of the Town's trans- action privilege taxes (currently 4%) generated pursuant to Section 8 -415 or 8 -416 of the Marana Tax Code from construction contracting or speculative builder activities occurring as part of the Development. (B) The "Development" is defined in recital M above and described in para- graph 6 above. (C) "Development Regulations" is defined in paragraph 8 below. (D) "Interest" or ""Interest Rate" means interest on the applicable obligation or sum (including the Total Reimbursement Amount) at the rate of 4.0% per annum, compounded quarterly on the first day of each calendar quarter. (E) The "Owner's Land" is defined in recital A above. (F) "Public Improvements" means the following types of public infrastructure serving the Development: 1 . 00029122.DOCx / 71 -5- 2/ 26/ 2014 7:39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 99 of 142 (i) Public sewer improvements. (ii) Public water improvements. (iii) Public transportation improvements. (iv) Public drainage improvements. (G) "Public Improvement Costs" means all costs, expenses, fees, transaction priv- ilege taxes and charges actually incurred and paid by or on behalf of the Owner to contractors, architects, engineers, surveyors, governmental agencies, other profes- sionals and consultants, and other third parties for materials, labor, planning, de- sign, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and reasonably necessary for, the acquisition, improvement, construction, installation, or provision of the Public Im- provements, together with all costs associated with the acquisition of lands, rights - of --way and easements either to be dedicated to the Town or upon which Public Im- provements are to be constructed, with Interest as provided in this Agreement. (H) "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments (see paragraph 17 below) J) "Reimbursement Payments" is defined in paragraph 17 below. J) " n' Sales Tax Revenues" means that portion of the Tows transaction privilege takes (currently 2%) generated from the following activities occurring within the Development: (i) Amusements, exhibitions and similar activities pursuant to Section 5 -410 of the Marana Tax Code. (ii) Hotels pursuant to Section 8 -444 of the Marana Tax Code. (iii) Rentals pursuant to Section 8-445 of the Marana Tax Code. (iv) Restaurants and bars pursuant to Section 8 -455 of the Marana Tax Code. (v) Retail sales pursuant to Section 8 -460 of the Marana Tax Code. References to sections of the existing Marana Tax Code shall include correspond- ing sections of successor codes. 8. Development regulations. The Marana Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code ") in effect on the Effective Date shall apply to the extent not covered by this Agreement. In the event of any express conflict, the Marana Development Code shall control over the terms of this Agreement. Notwithstanding anything in this Agreement, f 00029122.DOCx / 71 6 - 2/26/2014 7::39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 100 of 142 or the Marana Development code to the contrary, no future ordinance, rule, regulation, standard or policy adopted by the Town shall apply to any development occurring on the Owner's Land during the period ending on the fifth anniversary of the Effective Date unless: (A) The future rule or regulation has been enacted by the Town to comply with state or federal laws and regulations, provided that in the event the new rule or reg- ulation prevents or precludes. compliance with this Agreement, such provision of this Agreement shall be modified as necessary in order to comply with the new rule or regulation, or (B) The future rule or regulation has been enacted by the Town to address a legit- imate health or safety issue and the implementation of such rule or regulation will not adversely affect the development and use of the Owner's Land. 9. Development revieu7. The Development shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Development. Upon the owner's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the Development as may be requested by the Owner. Notwithstanding anything herein to the contrary, the Town acknowledges that the Owner has heretofore provided the Town with G) that letter decision from Suzanne Shields, P.E., Director and Chief Engineer of the Pima county Regional Flood Control District dated October 6, 2010 determining that Owner's Land is not subject to Important Riparian Areas and riparian habitat, and (ii) that correspondence from Bill Zimmerman, Manager, Planning and Development Division of the Pima county Regional Flood Control District dated Au- gust 24, 2010 waiving detention/ retention requirements under the Pima County Code with respect to the development of Owner's Land (collectively, the "PCRFCD Determi- nations") and the Town acknowledges and agrees that the PCRFCD Determinations are sufficient to satisfy any similar riparian and detention/ retention requirements under the Town's current Development Regulations as of the Effective Date. 10. Plia sing. owner shall be entitled to determine the development phases for the Property and the order in which the phases will be completed. Owner shall also be entitled to determine the timing for the design, construction and installation of the Public Improvements, in accordance with the terms and conditions of this Agreement, subject to the Town's customary development requirements regarding development of other property located within the Town. 11. Public improvements construction and reimbursement. As a condition precedent to receiving Reimbursement Payments under paragraph 17 of this Agreement, and not as a separate contractual obligation, the Owner shall, in conjunction with its construction f 00029122.DOCX / 71 -7- 2/ 26/2014 7:39 PM FJCry Marana Regular Council Meeting 04/21/2015 Page 101 of 142 of the Development and in accordance with Arizona Revised Statutes Title 34 pertain- ing to public infrastructure construction procurement laws and procedures: (A) Design and construct the Public Improvements; and (B) Pay all Public Improvement Costs as they become due. 12. Use of ` Tou7n easements and rights --o f wa y; right-of-way use permi owner and its agents shall have the right to enter, remain upon and cross over any Town easement or right -of -way to the extent reasonably necessary to design, construct or install the Public Improvements, provided that with alternative construction access as approved by Town, owner's use does not unreasonably impede Town's use and enjoyment of the subject property; and provided that owner shall obtain any required permit for the use of such easement or right -of -way, as required by Town, and provided also that the Owner obtaining such permit shall restore such easement or right -of -way to substantial- ly the same condition as existed prior to owner's entry. 13. Water service. The owner's Land is within a geographic area where water service will be available from the Town upon annexation and installation of necessary water infrastructure. Upon annexation and installation of necessary water Infrastructure, the Town shall provide water service to the owner's Land. 14. Reimbursement amount. The Town shall make Reimbursement Payments to the Owner for: (A) The Owner's Public Improvement Costs. (B) Interest shall accrue on any unreimbursed portion of the Owner's Public Im- provement Costs at the Interest Rate from and after the later of W the commence- ment of construction of the Public Improvements and (ii) the first deposit of Sales Tax Revenues into the Reimbursement Account (see paragraph 15 below). This ac- crued interest on the Owner's Public Improvement Costs shall be a portion of the Reimbursement Payments in paragraph 17 below. The Owner shall submit to the Town a quarterly statement showing the actual construction costs incurred and con- tributions paid to date for the Public Improvements. The Owner shall provide the Town with invoices or other backup information reasonably requested by the Town to confirm the accuracy of the Owner's quarterly statement of costs and contribu- tions. 15. Reimbursement account. The Town shall deposit into the Reimbursement Account 45% of the Sales Tax Revenues (see paragraph 7(J) above) as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from the Development and ending upon the expiration of this Agreement. Funds in the Re- imbursement Account shall be reimbursed to the Owner pursuant to paragraph 17 below. 100029122.DOCx / 7) -8- 2/ 26/2014 7:39 PNf FJC Marana Regular Council Meeting 04/21/2015 Page 102 of 142 16. No reimbursement out of Construction Sales Tax Revenues. No portion of any reim- bursement under this Agreement shall consist of Construction Sales Tax Revenues (see paragraph 7 (A) above) . 17. Reimbursement Payments. The Town shall pay to the Owner within the first 45 days of each calendar quarter all funds in the Reimbursement Account ( "Reimburse- ment Payments"), beginning the first calendar quarter after the Town's receipt of Sales Tax Revenues (see paragraph 7G) above) generated by the Development. Any funds accrued in the Reimbursement Account but not yet disbursed to the Owner upon the expiration of this Agreement shall be paid to the Owner within 30 days after the expira- tion of this Agreement. 18. Owner audit. Not more than once each calendar year, the Owner may, at its own cost, audit Town sales tax returns and other appropriate financial records of the Town to assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. The Owner audit authorized by this paragraph shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. Before the Owner audit occurs, the Owner shall obtain and provide to the Town written waivers of confidentiality suffi- cient to satisfy the requirements of Arizona Revised Statutes § 42-2003(A)(6) from each taxpayer whose sales tax returns and other financial records are provided by the Town In connection with the audit. 19. Annual report. within 45 days following the end of each Town fiscal year, the Town shall deliver to the Owner a report of all Sales Tax Revenues generated by or attributable to the Development which have been utilized by the Town in determining the amount deposited into the Reimbursement Account. The report shall be restricted to information that may be released by the Town without violating applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. The report will not contain information capable of identifying confidential information of any particular taxpayer unless and until the Owner has obtained and provided to the Town written waivers of confidentiality sufficient to satisfy the re- quirements of Arizona Revised Statutes § 42- 2003(A)(6) from each taxpayer whose confidential information is revealed in the report. 20. Limitations. During the Term of this Agreement, the Town shall not enter into any agreement or transaction which impairs the rights of the Owner under this Agree- ment, including, without limitation, the right to receive the Reimbursement Payments and the proceeds of the Reimbursement Account in accordance with the procedures established in this Agreement. 21. Multiple business locations; release of tax information. Since some businesses with multiple locations in the Town report their transaction privilege takes on the basis of revenues for all their locations in the Town, rather than separately for each location, the Owner shall request each such business to separately report transaction privilege taxes 1 . 00029122.DOCx / 71 -9- 2/ 26/ 2014 7:39 PM F]C Marana Regular Council Meeting 04/21/2015 Page 103 of 142 for transactions at its business located in the Development. The Owner shall exercise reasonable efforts to obtain from all businesses in the Development a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not provided to the Town, the Town shall make a reason- able estimate of the Sales Tax Revenues derived from the Development based on all information available to the Town, including information provided by the Owner, and the good faith certification by the Town's Finance Director shall be considered final and binding upon the Owner. The final certification of the Town's Finance Director shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. 22. Town review and approval of plans. Except as expressly provided in this Agree- ment, the development and construction of the Public Improvements is subject to the Town's normal plan submittal, review and approval procedures and construction in- spectlon requirements. The Town acknowledges that timely reviews, inspections and approvals by the Town are necessary to effectuate the development of the Owner's Land. The Town agrees to use its reasonable best efforts to promptly initiate all review, inspection and approval processes in accordance with the Town's adopted regulations. Additionally, the Town may retain independent consultants, reviewers, inspectors and advisors at Owner's request in order to efficiently continue the review, inspection and approval process. The Owner shall pay all costs incurred by the Town for any private, independent consultants, reviewers, inspectors and advisors retained by the Town, at Owner's request, for assistance in the review, inspection and approval process, and such consultants, reviewers, inspectors and advisors shall take instruction front, be controlled by and be responsible to the Town, not the Owner. 23. Development impact fees. Nothing in this Agreement shall be construed as a waiver or reduction of development impact fees properly adopted by the Town pursuant to A.R.S. § 9- 463.05 and applicable to the Development. 24. Proposi 207 Waiver. On or before the Annexation Ordinance is placed on the Town council's agenda for consideration of adoption, the Owner shall provide to the Town a completed "Proposition 207 waiver" applicable to the Annexation Ordinance in form acceptable to the Town Attorney. The Town will record the Proposition 207 waiv- er in the office of the Pima County Recorder after the Town council adopts the Annexa- tion Ordinance. The Proposition 207 waiver will not be recorded and will be void and of no effect if the Annexation Ordinance is not adopted. If the Annexation Ordinance is rescinded, repealed or otherwise of no effect, the Parties shall take such steps as are required to release or rescind the Proposition 207 waiver. 25. Cooperation and alternative dispute resolution. (A) Appointment of ' representatives. To further the commitment of the Parties to co- operate in the progress of the Development, the Town and the Owner each shall des- ignate and appoint a representative to act as a liaison between the Town and its var- {00029122.DOCx / 7; _10- 2/26/2014 7:39 PM FJc Marana Regular Council Meeting 04/21/2015 Page 104 of 142 ions departments and the Owner. The initial representative for the Torn (the "Town Representative ") shall be the Town Manager, and the initial representative for the Owner shall be Eddie Leon or a replacement to be selected by the Owner. The repre- sentatives shall be available at all reasonable tunes to discuss and review the per- formance of the Parties and the Development. (B) Non-performance; remedies. If either Party does not perform under this Agree- ment (the "Non-Performing Party ") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party ") shall be entitled to give written notice in the manner prescribed in paragraph 26 below to the Non - Performing Party, which notice shall state the nature of the non - performance claimed and make demand that such non - performance be corrected. The Non - Performing Party shall then have (i) 20 days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the non-performance if ac- tion other than the payment of money is reasonably required, or if the non - monetary non-performance cannot reasonably be cured within thirty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non - performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraph 25. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the property to its condition prior to owner's devel- opment and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific per- formance will likely be appropriate for the non- performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, reme- dies, or causes of action that either Party may have at law or in equity. (c) Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a 45 -day moratori- um on arbitration during which time the Parties agree to attempt to settle the dis- pute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration As- sociation. The matter in dispute shall be submitted to a mediator mutually selected by the owner and the Town. If the Parties cannot agree upon the selection of a me- diator within seven days, then within three days thereafter the Town and the Owner shall request the presiding judge of the Superior Court in and for the county of Pi- ma, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Owner. The results of the mediation shall be nonbinding t00029122.DOCX / 71 - 1 - 2/26/2014 7:39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 105 of 142 on the Parties, and any Party shall be free to Initiate arbitration after the moratori- um. (D) Arbitration. After mediation, as provided for in this paragraph 25, any dis- pute, controversy, claim or cause of action arising out of or relating to this Agree- ment shall be settled by submission of the matter by both Parties to binding arbitra- tion in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. .26. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (1) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt re- quested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a conf irming copy of the facsimile trans - mission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 11555 W. Civic Center Drive, Bldg. A3 Marana, AZ 85653 -7006 Phone: (520) 382 -1900 Facsimile: (520) 382 -1901 If to the OWNER: SAN JOAQUIN LAND INVESTMENTS, L.L.C. P.O. Box 795 Sells, AZ 85634 Attention: Richard L. Grijdlva, Manager Phone: (520) 383 -2900 Facsimile: (520) 353 -2652 E -Mail: rgrijalva @toua.net WITH A COPY TO: QUARLES & BRADY LLP 1 S. Church Avenue, Suite 1700 Tucson, AZ 85701 Attention: Troy M. Hoch, Esq. Phone: (520) 770 -8714 Facsimile: (520) 770 -2226 E -Mail: troy.hoch@quarles.com 100029122.DOCX / 71 -12- 2/26/2014 7:39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 106 of 142 Eddie Leon 3504 E. Calle del Prado, Tucson Tucson, Arizona 85716 Phone: (520) 907 -2498 E -Mall: ealeon @prodigy.net All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 27. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Par- ties. (B) Time is of the essence of this Agreement. (C) 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. (D) If either of the Parties 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 defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (F) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of Its obligations under this Agreement. (G) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 100029122.DOCx / 7) Marana Regular Council Meeting 04/21/2015 -13- 2/ 26/ 2014 7:39 PM FJC Page 107 of 142 IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. THE ""TOWN" TOWN OF MARANA, an Arizona municipal cor orali s By. Ed Honea Mayor Date //,- C;V/ K ATTEST: ►/► ` o nson, Clerk r APPROVEIVAS To FORM: rqfilc Cas�fyly, Town A�t'yfney STATE OF ARIZONA ) ss County of Pima ) The "OWNER ": SAN JOAQUIN LAND INVESTMENTS, L. L. C., an Arizona limited liability company By: =� Richard L. Cr1j cAl va, Member Man- ager Date: Y Z " Z . The foreg instrument w as acknowle before me on �-17 201 b g g g . - - y Richard L. Gr Member Manager of SAN JOAQUIN LAND INVESTMENTS, L.L.C., an Arizona limited liability Company, on behalf of Y (Seal) ""Pubk &Ne o(Aftona Pima Cuuf ty Joy d Taylor MY Cc MkGivn EVires 02WI2 i 15 Exhibit A Exhibit B 1000291 17} EXHIBITS Depiction of the "Owner's Land" and the "Town Remnant Parcel" Legal description of the "owner's Land" -14- 2/26/2014 7:39 PM FJC Marana Regular Council Meeting 04/21/2015 Page 108 of 142 A LIN DA VISTA B L Land 226�' 'I'S�`A Remnant�Pa�cei• 'Portion Y 2. 261'50'1 30 Y 7aW Disclaim on The Town of Marana prarldea this map Infarmatlon "A* le" ' ' e I She request of She user rdth She understanding that It la not guaranteed ohs aCc4rate, aorreaS ar camp �e n 6�Gncil Meeting 04/21/2015 o Page 1A% of 142 500 w the respenslpNlty of She Ia6Io to users data, or any o par,, far any bt Craft, Indlrec}, TQ SAN J FAQ U N PA DA Feet gxclaF, Incidentnt al l or a c ansequsnSlal damarn ages, including but not a rcked tlmo, money or goadwllI, arlsin us g from the e ar moel ication of the data J:W own Attornayt8an Jo" Liln PAD&mxd JPC EXHIBIT B TO SAN JOAQUIN PRE - ANNEXATION DEVELOPMENT AGREEMENT Legal Description i. of Twin Peaks Property THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 12 :EAST, OILA AND SALT RIVER MERIDIAN., PIMA COUNTY, ARIZONA, ANA TIDE PRQPERTY THAT CONSISTS OF THE FOLLOWING VESTING DEEDS RECORDED T THE PIMA COUNTY RECO RDER'S OFFI DO ' k ���� AT" PA GE ', DOCKET 7703 AT PAOF 41 3, DOCKET 7523 AT PAGE 1, 750 AND DOCKET" 8889 AT P OD 0, EXCEPT THAT PORTION IN DOCKET 8889 AT PACE 7 BEING DESCRIBED AS FOLLOWS* OMMENC NG.AT THE NO RTHWEST CORNER OF SAID SECTION 2, THENCE SOUTH 0O °40'40. EAST 75.00 FEET UPON THE WEST LINE OF SAID NORTHWEST QUARTER TO A LINE B EING 75.00 FEET SOUTHERLY OF AND PARALLEL WITH THE. NORTH LINE OF SAID NORTHWEST QUARTER, THENCE NORTH 8 a 34r30" FAST 76.50 TW UPON SAID PARALLEL L INE AND UPON THE NORTH LINE OF SAID PROPERTY TO THE POINT" OF BEGINNING; THENCE CONTINUE NORTH 89a 4'30" EAST 225.88 FEET UPON SAID PARALLEL LINE AND UPON SAID NORTH LINE OF SAID PROPERTY TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH : 35*01'59" EAST 550.27 FEET UPON THE FAST LINE OF SAID PROPERTY TO AN ANGLE POI THENCE SOUTH 35 *1 5" EAST 61 5:63 FEET UPON SAID FAST LINE TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL 2 IN THE FINAL ORDER OF CONDEMNATION RECORDED I DOCKET 1 3527 AT PAGE THtNCE SOUTH-46 3 WEST 105.01 FEET UPON THE NORTH LINE OF SAID PARCEL 2 TO .A NON - TANG CURVE CONCAVE NC RTHWESTeRLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 35 WEST THENCE UTI WESTERLY UPON SAID NORTH LINE OF SAND PARCEL AND UPON THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 7479 .,44 FEET AND A CENTRAL ANGLE OF 00 °57'36'', FOR AN ARC DISTANCE OF 1 25.33 FEET TO - TH - E SOUTHWEST CORNER OF SAID PARCEL 2 BEING ON THE BOOTH LINE OF SAID PROPERTY, THENCE SOUTH 70 WEST 217,85 FEE" UPON SAID SOUTH LINE TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL 1 IN SAID FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 13527 AT PAGE THENCE NORTH 72 W 0,15 FEET UPON THE EAST LINE OF ' All PARCEL I TO AN ANGLE POINT; THENCE NORTH 26 *29'20" WEST 922.86 FEET UPON THE EAST LINE OF S AID PARCEL. I TO A NON - TANGENT CURVE. CONCAVE EASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 65 EAST; THENCE NORTHERLY UPON SAID FAST LINE OF SAID PARCEL 1 AND UPON 3945 East Fort Lowell Road a Sutte I I I * Tucson & Atizona d 85713 s (52.0) 795• 1000 a Fax. (520) 32.2 -6956 * wwwxicl<cngineering.com Marana Regular Council Meeting 04/21/2015 Page 110 of 142 EXHIBIT B TO SAN JOAQUIN PRE - ANNEXATION DEVELOPMENT AGREEMENT FEET TH.E MC �OF �SAID CURVE TO THE RIGHT, HA ING.A.:�RADJU..S.�0F. 27i,:96. ANDA CENTRAL ANGLE 0 .23047130 FORAN ARC DISTANCE OF 219,23fEET TO A TANGENT L.IN�E., THENCE: NORTH.0003 126' WEST 46.95 FEET UPON S)M D. EAST ONE: OF PARCEL 1. TO THE POINT.0F BE GIN W N MW G : \rvkeosIxdo Marana Regular Council Meeting 04/21/2015 Page 111 of 142 - r C? RANA -P 115 5 5 W. CIXgC CENTER DII I - T. KARANA. ARIZ ONA 8 5 65 3 Item A 2 To: Mayor and Council Submitted For: Gilbert Davidson, Town Manager From: Lisa Shafer, Community Development Director Date: April 21, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution 2015 -035: Relating to Administration; approving the transfer of up to $48,000 in budgeted expenditure authority from the General Fund contingency line item to the Honea Heights Sewer Program in the Community Development and Neighborhood Services Department budget for fiscal year 2014 -2015 for expenses related to the Honea Heights Sanitary Sewer Conversion Project (Gilbert Davidson) Discussion: On June 18, 2013, the Town Council voted 6 -0 to approve a policy in which all occupied, habitable properties within Honea Heights qualify for full payment under emergency procedures to be connected to the sanitary sewer system. On June 20, 2013, based on this Council action Town staff established the Honea Heights Sanitary Sewer Conversion Project Emergency Connection Funding Policy. The purpose of the policy was to outline administrative guidelines for the use of Town funds for connecting dwellings in the Honea Heights Neighborhood to the sanitary sewer conveyance system on an emergency basis, after failure of existing septic systems. Within the current 2015 budget the Town allocated $75,000 to the emergency sewer connection fund. To date the Town has had three applicants that met the eligibility criteria for emergency sewer connection: (1) Property Has an Occupied Dwelling, (2) Dwelling Able to be Legally Occupied, and (3) Septic System Failure. The three applications resulted in eight sewer connections totaling $72,540.88 spent on materials, labor, permits and impact fees. One applicant connected six mobile homes on the property that were connected to two failing septic systems. Each of the other applicants connected one dwelling each to the sewer system. The Town continues to receive requests from residents that meet the eligibility criteria, however Marana Regular Council Meeting 04/21/2015 Page 112 of 142 the majority of the current available funds have been expended. Residents with failing septic or leach fields are not allowed to permit new systems, leaving them with the option of waiting until July when the Town's 2016 budget begins, requiring them to have their septic pumped frequently (sometimes once or twice a month) at a average cost of $450, or paying for the connection themselves at an average of $12,000 per dwelling. Currently the Town has received two completed applications and two other residents have picked up forms to complete. One of the requests for connection is from St. Christopher's Church. There is a home on the property that is occupied by the priest and the septic has been certified as non - functional, therefore it meets the requirements. This is a bit of a unique situation, since the Arizona Transportation Builders (ATB) have chosen the church as their community project and will do all the labor to connect the church to the sewer. The Town would only have to pay for the materials, permits, and sewer impact fee. Staff is requesting that the Council authorize up to an additional $48,000 to be transferred from contingency to allow for the connection of four additional residences within this budget year. Staff has requested $75,000 in the upcoming 2016 budget for future emergency connections after July 1 st. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: N Amount: $48,000 Staff Recommendation: Staff recommends approval of the transfer of funds. Suggested Motion: I move to adopt Resolution 2015-035, approving the transfer of up to $48,000 in budgeted expenditure authority from the General Fund contingency line item to the Honea Heights Sewer Program in the Community Development and Neighborhood Services Department budget for fiscal year 2014 -2015. Attachments: Resolution 2015 -035 Marana Regular Council Meeting 04/21/2015 Page 113 of 142 MARANA RESOLUTION NO. 2015-035 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF UP TO $48,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE HONEA HEIGHTS SEWER PROGRAM IN THE COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES DEPARTMENT BUDGET FOR FISCAL YEAR 2014 -2015 FOR EXPENSES RELATED TO THE HONEA HEIGHTS SANITARY SEWER CONVERSION PROJECT WHEREAS on June 18, 2013, the Town Council approved a policy with administrative guidelines for the use of Town emergency funds for connecting households in the Honea Heights Neighborhood to the sanitary sewer conveyance system after failure of existing septic systems; and WHEREAS on June 17, 2014, the Town Council adopted the fiscal year 2014 -2015 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the fiscal year 2014 -2015 budget included $75,000 for the Honea Heights Sanitary Sewer Conversion Project (the "Project "); and WHEREAS the Town has expended $72,540.88 of the budgeted amount for the Project in the fiscal year 2014 -2015 budget and continues to receive applications for assistance under the Project funding policy; and WHEREAS the Town Council desires to transfer budgeted expenditure authority in the fiscal year 2014 -2015 budget of up to $48,000 from the General Fund contingency line item to the Honea Heights Sewer Program for expenses related to the Project; and WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $48,000 within fiscal year 2014 -2015 will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expenditure authority between the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocation addressed by this resolution is in the best interest 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 transfer of up to $48,000 in budgeted expenditure authority from the General Fund's budgeted contingency line item to the Honea Heights Sewer Program in the Marana Resolution No. 2015 -035 - 1 - Marana Regular Council Meeting 04/21/2015 Page 114 of 142 Community Development and Neighborhood Services Department budget for fiscal year 2014 -2015 for expenses related to the Honea Heights Sanitary Sewer Conversion Project is here- by approved. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of April, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -035 -2- Marana Regular Council Meeting 04/21/2015 Page 115 of 142 - r C? RANA -P 11555 W. CIXgC CENTER DII I - E. KARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Benny Sanchez, Director of Building Safety From: Laine Sklar, Senior Assistant Town Attorney Date: April 21, 2015 Strategic Plan Focus Area: Not Applicable Item A 3 Subject: Resolution No. 2015 -036: Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District for fire code official services (Benny Sanchez) Discussion: In February of 2009 the Council approved an intergovernmental agreement between the Town of Marana ( "Town ") and Northwest Fire District ( "District "), thereby providing Fire Code Official services for those portions of the Town that are outside an established fire district. That agreement has expired. Approval of this resolution would allow the District to continue to provide Fire Code Official services, as it has been doing for many years. The agreement incorporates enforcement of fire code requirements, plan review services, inspection of new and existing construction and related fire prevention services under the International Fire Code. The agreement remains in effect for five years, and may be canceled by either party with thirty days notice. The Town Building Official will work in conjunction with the Fire Code Official for the District on enforcement and application of the fire code within areas of the Town that are not within an established fire district. Staff Recommendation: Staff recommends adoption of this intergovernmental agreement with an emergency clause. Suggested Motion: Marana Regular Council Meeting 04/21/2015 Page 116 of 142 I move to adopt Resolution 2015 -036, authorizing the mayor to to execute an intergovernmental agreement with Northwest Fire District for fire code official services; and declaring an emergency. Attachments: Resolution 2015 -036 NWFD IGA Marana Regular Council Meeting 04/21/2015 Page 117 of 142 MARANA RESOLUTION NO. 2015-036 RELATING TO BUILDING; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE AN INTERGOVERNMENTAL AGREEMENT WITH NORTHWEST FIRE DISTRICT FOR FIRE CODE OFFICIAL SERVICES WHEREAS the Northwest Fire District is an internationally accredited Arizona fire dis- trict, organized and existing pursuant to Title 48, Chapter 5, Arizona Revised Statutes, providing, among other things, fire protection and prevention services within its territorial boundaries; and WHEREAS the Town of Marana is an Arizona municipal corporation, organized and ex- isting pursuant to Title 9, Chapter 2, Arizona Revised Statutes, which does not have a fire de- partment; and WHEREAS the Town and the District have certain common jurisdictional areas; and WHEREAS areas of the Town's jurisdictional limits that are not served by the District are either served by other fire districts or are outside any fire district's jurisdictional limits; and WHEREAS the Town and the District have each adopted the same internationally recog- nized fire code; and WHEREAS the Town wishes to have the District perform certain fire prevention services within those portions of the Town's territorial boundaries that are not within any other fire dis- trict's territorial boundaries; and WHEREAS the Town Council Ends that this resolution is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the intergovernmental agreement between the Town and Northwest Fire District, attached to this resolution as Exhibit A, and authorizing the Mayor to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. Marana Resolution No. 2015 -036 - 1 - Marana Regular Council Meeting 04/21/2015 Page 118 of 142 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of April, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -036 -2- Marana Regular Council Meeting 04/21/2015 Page 119 of 142 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND NORTHWEST FIRE DISTRICT FOR FIRE CODE OFFICIAL SERVICES This Intergovernmental Agreement ( "Agreement ") is entered into this day of , 2015, by and between the Town of Marana (the "Town "), pursuant to A.R.S. 9 -240 (13) (7) and 11 -952, and the Northwest Fire District (the "District "), pursuant to A.R.S. 48- 805 (13)(16)(a) and 11 -952, for the purpose of having the District provide fire code official services within certain portions of the Town's territorial boundaries. RECITALS WHEREAS, District is an internationally accredited Arizona fire district, organized and existing pursuant to Title 48, Chapter 5, Arizona Revised Statutes, providing, among other things, fire protection and prevention services within its territorial boundaries; and WHEREAS, Town is an Arizona municipal corporation, organized and existing pursuant to Title 9, Chapter 2, Arizona Revised Statutes, which does not have a fire department; and WHEREAS, District and Town share certain portions of their territorial boundaries; and WHEREAS, Town shares certain portions of its territorial boundaries with other fire districts; and certain portions are outside any fire district's jurisdictional limits; and WHEREAS, District and Town have each adopted the same internationally recognized fire code ( "Fire Code "); and WHEREAS, Town wishes to have District perform certain fire prevention services within those portions of the Town's territorial boundaries that are not within the District's territorial boundaries or any other fire district's territorial boundaries [collectively the Applicable Areas "] . TERMS 1. Responsibilities of the District: The District shall provide appropriately trained and qualified personnel to serve as Fire Code Officials for the Town with full authority as Fire Code Official. More specifically, the District, through its Fire Marshal and other personnel, shall provide the following services: a. Enforce the Fire Code as adopted by the Town and District. b. Review plans for fire safety as sent by the Town to the District, and return those plans with any recommendations, comments or corrections to ensure the minimum Fire Code requirements have been met, in accordance with the Marana Regular Council Meeting 04/21/2015 Page 120 of 142 times set forth on the attached Exhibit A. The district shall update the status of reviewed plans within the Town's permitting software program. c. Establish procedures to inspect new construction, during the construction process, to ensure the project is consistent with the approved plans. d. Provide copies of inspection results to the Town's Building Official by the close of business the day inspections are performed. e. Report to the Town Building Official possible violations, issue any citations as appropriate, and consult with the Town Police Department, Building Official and Prosecutor from time to time as appropriate. f. Provide fire origin and cause investigation in accordance with nationally recognized standards for fire investigations. 2. Outside Plan Review. Without effect to the terms of this Agreement, from time to time, in the event of high demand for plan review and inspections, the District or the Town may determine it is appropriate to send plans to a qualified fire code consultant. 3. Alternative Materials and Methods. Acceptance of alternative materials and methods or decisions related to appeals shall require the signature of the Fire Code and Building Official. 4. Pre - Annexation Agreement. Property owners owning property within the town's territorial boundaries but outside of the District's territorial boundaries may qualify for the district's resident fee schedule by entering into a pre- annexation agreement with the district. Upon execution of the pre- annexation agreement, any fees charged to the property owner will be charged under the resident fee schedule. 5. Responsibilities of the Town. a. The Town shall have full authority for all plan reviews and inspections for existing construction with input from the Fire Code Official. Interpretation responsibility for existing construction will be handled mutually between the Building Official and the Fire Code Official. b. If the Fire Code Official proposes any fire inspection changes for new or existing construction, the changes must be mutually agreed upon by the Building Official and the Fire Code Official before implementation. c. The Town shall bill the District's fees for providing plan reviews and inspections for services provided by the Fire Code Official within the Town's territorial boundaries. The Town shall remit to the District those fees collected, on a monthly basis, with a report identifying the parties who paid the fees and the projects to which they pertain. The Town shall not be liable Marana Regular Council Meeting 04/21/2015 Page 121 of 142 to the District for fees which are receivable, though not collected. A copy of the District's resident and non - resident fee schedules are attached hereto as Exhibit B and C. The District may amend its fee schedule from time to time at the discretion of the District's Governing Board. 6. Recording The Town shall be responsible for recording this IGA with the Pima County Recorder's Office upon approval by the District's Governing Board. 7. Personnel The District shall give prompt notice to the Town of any change in the District's personnel for the position of Fire Code Official or any related staff. Town acknowledges that the District participates in mutual aid and automatic aid agreements with other entities, and from time to time, services may be provided on behalf of the District by personnel from other districts. 8. Insurance The parties agree that they shall maintain for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this Agreement. 9. Mutual Indemnification To the extent which it legally may, each party shall indemnify, defend and hold harmless the other party, its officers, departments, employees, and agents from and against any and all suits, actions, claims, demands of any kind or nature arising out of the indemnifying party's acts or omissions. 10. Term of the Agreement This Agreement shall remain in effect for 60 months and may be renewed upon mutual written agreement of the parties. This Agreement may be terminated by either party upon 30 days written notice. 11. Notice Any and all notices, requests and /or demands made upon a party pursuant to or in conjunction with this Agreement shall be delivered in person and deemed delivered upon receipt or by U.S. Mail and deemed given five business days following depositing in the mail, first class postage prepaid to: The Town: The Town of Marana Attn: Town Manager 11555 W. Civic Center Drive Marana, AZ 85653 -7006 The District: Northwest Fire District Attn: Fire Chief 5225 W. Massingale Tucson, AZ 85743 12. Financing The parties represent that each has sufficient funds in its budget to carry out its obligations under this Agreement. Should either party fail to obtain continued funding Marana Regular Council Meeting 04/21/2015 Page 122 of 142 during the term of this Agreement or fail to appropriate or approve funds, this Agreement shall be deemed terminated as of the last day such funds are available. 13. Jurisdiction Except as otherwise specifically set forth in this Agreement, this Agreement shall not be construed to either limit or extend the jurisdiction of either party. 14. Non - Discrimination The parties agree to be bound by applicable state and federal rules and regulations governing equal employment opportunities and non - discrimination. 15. Conflict of Interest This Agreement is subject to the provisions of A.R.S. section 38 -511. 16. Employee Relationship This Agreement does not and shall not be construed to create any partnership, joint venture or employment relationship between the parties or create any employer /employee relationship between a party and the employees of the other party. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including, without limitation, the other party's obligation to withhold social security and income tax for any of its employees or to provide workers' compensation coverage. 17. Each party shall comply with the notice provisions of A.R.S. section 23-1022(E) For purposes of A.R.S. section 23 -1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the protocol in place, and said party shall have the sole responsibility for the payment of workers' compensation benefits or other fringe benefits of said employees. 18. Third Parties Nothing in this Agreement is intended to confer any rights or remedies to a person or entity not a party, or the successor or assigns of a party. 19. Immigration Compliance As mandated by Arizona Revised Statutes section 41 -4401, the parties are prohibited after September 30, 2008, from awarding a contract to any contractor or subcontractor that fails to comply with A.R.S. section 23- 214(A). The parties must also ensure that every contractor and subcontractor complies with federal immigration laws and regulations that relate to their employees and A.R.S. section 23- 214(A). Therefore, in signing or performing any contract for the parties, the parties fully understand that: a. They warrant that they and any subcontractors they may use comply with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. section 23- 214(A); b. A breach of the warranty described in subsection A, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract; and C. The parties or their designees retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the contract to Marana Regular Council Meeting 04/21/2015 Page 123 of 142 ensure that the contractor or subcontractor is complying with the warranty under subsection A. BY THEIR SIGNATURES BELOW, EACH PARTY REPRESENTS THAT IT HAS OBTAINED APPROVAL OF ITS GOVERNING BODY AT A DULY NOTICED PUBLIC MEETING. The "Town" The "District" The Town of Marana Northwest Fire District B Its: Mayor B Its: Attest: B Its: Clerk B Its: Chairperson Clerk Marana Regular Council Meeting 04/21/2015 Page 124 of 142 ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. section I I - 952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. Thomas A. Benavidez, Esq. Attorney, Northwest Fire District Frank Cassidy, Esq. Attorney, Town of Marana Marana Regular Council Meeting 04/21/2015 Page 125 of 142 EXHIBIT A DISTRICT'S PLAN REVIEW PERFORMANCE TARGETS BUSINESS WORKING DAYS ONLY Permit Types Town of Marana & Northwest Fire Permit Types Town of Marana & Northwest Fire Factory Built Buildings, Modular Buildings, Construction Trailers & Manufactured Homes NEW COMMERCIAL PLANS Less than 5,000 Sq Ft (Review Days) 1st Review 5 1st Review 10 2nd Review 3 2nd Review 7 3rd Review 2 3rd Review 3 RESIDENTIAL SUBMITTALS 5,001- 10,000 Sq Ft NEW SFR (LOT PERMIT) *Not routed to NWFD for review 1st Review 25 1st Review 3 2nd Review 10 2nd Review 2 3rd Review 5 CUSTOM SFR 10,001 -20,00 Sq Ft 1st Review 15 1st Review 30 2nd Review 7 2nd Review 15 3rd Review 3 3rd Review 5 NEW SFR MODEL PLAN *Not routed to NWFD for review 20,001- 30,000 Sq Ft 1st Review 10 1st Review 40 2nd Review 5 2nd Review 25 3rd Review 2 3rd Review 10 Over 30,001 Sq Ft 1st Review 45 2nd Review 20 3rd Review 15 TENANT IMPROVEMENT PLANS Less than 2,000 Sq Ft 1st Review 10 2nd Review 7 3rd Review 3 Great than 2001 Sq Ft 1st Review 30 2nd Review 15 3rd Review 3 Footnotes: These plan review timeframes are subject to changed based on workload and staffing levels. a)Not all submittals are subject to review by the District or all development services departments b)Review times for submittals routed after 2p.m. will be logged in for the next business day. c)Revisions & deffered submittal review timeframes are the same as the 2nd review timeframe per submittal type Marana Regular Council Meeting 04/21/2015 Page 126 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Access Gates - Installation or per submittal $191.00 Fees are for each permit /installation. Modification Fire Apparatus Access Roads - per submittal $157.00 Fees are for each permit /modification. Modification Automatic Extinguishing Systems New per submittal $280.00 Fees are for Clean Agent, Dry Chemical, Carbon Dioxide, and Other Special Extinguishing Systems. 0 -5000 square feet. Installation Automatic Extinguishing Systems New per submittal $123.00 Fees are for each additional 5,000 square feet or fraction thereof. Installation Automatic Extinguishing Systems: Commercial Cooking Suppression per submittal $273.00 Fees are for one system installation. Systems Automatic Extinguishing Systems: Commercial Cooking Suppression per submittal $157.00 Fees are for each additional system installation. Systems Automatic Extinguishing Systems: Commercial Cooking Suppression per submittal $123.00 Fees are for modifications, each system. Systems Automatic Extinguishing Systems: per submittal $382.00 Fees are for new system installation 0- 10,000 square feet Commercial Fire Sprinkler Systems Automatic Extinguishing Systems: per submittal $450.00 Fees are for new system installation 10,001 52,000 square feet Commercial Fire Sprinkler Systems Automatic Extinguishing Systems: per submittal $123.00 Fees are for each additional 52,000 square feet or fraction thereof. Commercial Fire Sprinkler Systems Automatic Extinguishing Systems: per submittal $123.00 Fees are for each floor above or below first floor Commercial Fire Sprinkler Systems Automatic Extinguishing Systems: Commercial Fire Sprinkler Systems - In per submittal $252.00 Fees are for In Rack Storage. Rack Storage Automatic Fire Sprinkler System per submittal $123.00 Fees are for 1 -20 heads. Modification Marana Regular Council Meeting 04/21/2015 1of8 Page 127 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Automatic Fire Sprinkler System per submittal $225.00 Fees are for 21 -100 heads. Modification Automatic Fire Sprinkler System per submittal $313.00 Fees are for 101 -500 heads. Modification Automatic Fire Sprinkler System per submittal $450.00 For 501 heads or more. Permit fees will be treated as a new system. Modification Automatic Extinguishing Systems: Commercial Fire Pumps and Related per submittal $518.00 Fees are for new single pump, includes tank. Equipment Automatic Extinguishing Systems: Commercial Fire Pumps and Related per submittal $348.00 Fees are for each additional pump Equipment Automatic Extinguishing Systems: Commercial Fire Pumps and Related per submittal $245.00 Fees are for modifications not requiring test. Equipment Automatic Extinguishing Systems: Commercial Fire Pumps and Related per submittal $382.00 Fees are for modifications requiring test. Equipment Automatic Extinguishing Systems: per submittal $259.00 Fees are for residential homes 0 -6000 square feet. Residential Fire Sprinklers Automatic Extinguishing Systems: per submittal $361.00 Fees are for residential homes 6001 - 10,000 square feet. Residential Fire Sprinklers Automatic Extinguishing Systems: per submittal $388.23 Fees are for residential homes 10,001 square feet and above. Residential Fire Sprinklers Automatic Extinguishing Systems: per submittal $252.00 Fees are for systems with 1 -10 outlets. Commercial Standpipe Systems Automatic Extinguishing Systems: per submittal $143.00 Fees are for each additional 1 -4 outlets or fraction thereof. Commercial Standpipe Systems Automatic Extinguishing Systems: Commercial Standpipe Systems - per submittal $130.00 Fees are for modifications to the system. Modification Fire Alarm System: New Installation per submittal $382.00 Fees are for new system installation 0- 10,000 square feet. Marana Regular Council Meeting 04/21/2015 2 of 8 Page 128 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes ir Fire Alarm System: New Installation per submittal $450.00 Fees are for 10,001- 52,000 square feet Fire Alarm System: New Installation per submittal $307.00 Fees are for each additional 52,000 square feet or fraction thereof. Fire Alarm System: New Installation per submittal $75.00 Fees are for each additional floor above or below first floor. Fire Alarm and Detection Systems : Modification to existing system - 1 -5 per submittal $116.00 Fees are for 1 -5 devices. Devices Fire Alarm and Detection Systems Modification to existing system - 6 -20 per submittal $150.00 Fees are for 6 -20 devices. Devices Fire Alarm and Detection Systems: refer to new Modification to existing system - 21 or per submittal For 21 or more devices. Permit fees will be treated as new system. more system Fire Protection System Monitoring - per submittal $157.00 Fees are for each permit /installation. System Installation Compressed Gas Systems - Installation per submittal $334.00 Fees are for each permit/ installation. Compressed Gas Systems- Modification per submittal $191.00 Fees are for each permit /installation. not to exceed 50% of System Firefighter Breathing Air Systems - per submittal $559.00 Fees are for each permit/ installation. Installation Firefighter Breathing Air Systems - Modification not to exceed 50% of per submittal $355.00 Fees are for each permit/ installation. System Fireworks and Pyrotechnics per display or show $416.00 Fees are for first show/ display which includes review and inspection. Additional fee for fire protection operational standby as determined Display/show by Chief. Fireworks and Pyrotechnics repeat show at same site $136.00 Fees are for repeat show at same site. Display /show Flame Effects Material, use and handling first show $416.00 Fees are per display which includes review and inspection. Flame Effects Material, use and handling repeat show at same site $136.00 Fees are for repeat show at same site. Tents and Membrane Structures single tent $205.00 Fees are for single tent Marana Regular Council Meeting 04/21/2015 3 of 8 Page 129 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Tents and Membrane Structures each additional tent on site $102.00 Fees are for each additional tent on site. Water System with Hydrants per submittal $273.00 Fees are for new system, the first 500 feet for review, inspection and flow testing. Water System with Hydrants per submittal $102.00 Fees are for additional each additional 500 feet or fraction thereof Water System with Hydrants per submittal $273.00 Fees are for new tank and pump on hydrant systems. Water system with Hydrants: Revision to per submittal 50% of original Fees are for revision to previously approved plan. previously approved plan permit fee Other Operational Permits - IFC (permit per submittal $68.00 Fess are for other annual permits, inspection or event permit and inspection not already listed in fee schedule. not separately indicated) State Licensed Facility Inspections - per inspection $68.00 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. Hospitals State Licensed Facility Inspections - per inspection $68.00 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. Adult Day Care State Licensed Facility Inspections- per inspection $68.00 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. Nursing Homes State Licensed Facility Inspections- per inspection $68.00 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. Behavioral Health Facilities State Licensed Facility Inspections- Child per inspection $68.00 Fees are for 1 -50 people. Day Care for 1 -50 people State Licensed Facility Inspections -Child per inspection $68.00 Fees are for 51 or more people. Day Care for 51 or more people State Licensed Facility Inspections- per inspection $68.00 Fees are for 1 -10 beds plus $10 per bed which includes 1 initial inspection and 1 follow inspection. Assisted Living Homes State Licensed Facility Inspections- per inspection $68.00 Fees are for 11 or more beds plus $10 per bed which includes 1 initial inspection and 1 follow inspection. Assisted Living Centers State Licensed Facility Inspections - per inspection $68.00 Fees are for 1 initial inspection and 1 follow inspection only. Juvenile Group homes Marana Regular Council Meeting 04/21/2015 4of8 Page 130 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes State Licensed Facility Inspections - per inspection $68.00 Fees are for 1 initial inspection and 1 follow inspection. Foster Homes State Licensed Facility Inspections - per inspection $68.00 Fees are for 1 initial inspection and 1 follow inspection. Correctional Facilities Special Events - Holiday / Seasonal Sales (Christmas Trees, Pumpkins, Valentines, per event $68.00 Fees are for 1 initial inspection and 1 follow inspection only. Tent permit is separate. Fireworks etc) Special Events - Extension of Premise per inspection $68.00 Fees are for 1 initial inspection and 1 follow inspection only. Tent permit is separate. Other Construction Permits - IFC (permit per submittal $136.00 Fees are for Other Construction Permit types not indicated separately. not separately indicated) Construction Document Review - per submittal $341.00 Fees are per development plan submitted up to 99,999 square feet. Development, Preliminary and Concept Construction Document Review - per submittal $204.00 Fees are for additional, each separately submitted unit, or phase. Development, Preliminary and Concept Construction Document Review - per submittal $510.24 Fees are per development plan submitted 100,000- 249,999 square feet. Development, Preliminary and Concept Construction Document Review - per submittal $341.00 Fees are for additional, each separately submitted unit, or phase. Development, Preliminary and Concept Construction Document Review - per submittal $1,361.00 Fees are per development plan submitted 250,000 - 500,000 square feet. Development, Preliminary and Concept Construction Document Review - per submittal $681.00 Fees are for additional, each separately submitted unit, or phase. Development, Preliminary and Concept Construction Document Review - per submittal $2,043.00 Fees are per development plan submitted over 500,000 square feet. Development, Preliminary and Concept Construction Document Review - per submittal $1,022.00 Fees are for additional, each separately submitted unit, or phase. Development, Preliminary and Concept Construction Document Review - per submittal $273.00 Fees are for 0- 52,000 square feet, includes two reviews. Building Construction - New Building Marana Regular Council Meeting 04/21/2015 5 of 8 Page 131 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Construction Document Review - per submittal $136.00 Fees are for each additional 52,000 square feet or fractional thereof. Building Construction - New Building Construction Document Review - Building Construction - Modification, per submittal $136.00 Fess are for 0- 52,000 square feet. Includes two reviews. Tenant Improvements, Landlord Improvements Construction Document Review - Building Construction - Modification, per submittal $136.00 Fees are for each additional 52,000 square feet or fraction thereof. Tenant Improvements, Landlord Improvements Construction Document Review - Residential Construction - Modification, per hour $68.00 Fees are per hour for plan review. Tenant Improvements, Landlord Improvements Residential Plats - 1 -5 Private parties per submittal $68.00 Fees are per submittal and one re- submittal within one year. Residential Plats - 1 -5 Lot split per submittal $136.00 Fees are per submittal and one re- submittal within one year. Residential Plats - 6 -30 lots per submittal $170.00 Fees are per submittal and one re- submittal within one year. Residential Plats - 31 -200 lots per submittal $204.00 Fees are per submittal and one re- submittal within one year. Residential Plats greater than 200 lots per submittal $273.00 Fees are per submittal and one re- submittal within one year. Expedited Plan Review Option 1. Additional 50% of the submittal plan review fee (Plan Review Fee + additional 50% of plan review fee). Expedited fee will paid in full at the time of submittal. The initial review of the submittal will be completed in half of the prescribed Plan Review - Expedited Permit /Plan per submittal see note plan review time frame. Expedited Plan Review Option 2: Additional 100% of plan review fee). Expedited fee will be paid in full at time Review of submittal. The review timeframe for this option will be mutually agreed upon by the applicant and Fire Marshal prior to granting status to the submittal. Both of the District's expedited plan review options, require the completion and approval of the expedited review request form by the Fire Marshal prior to granting status. Plan Review - Revision to previously per submittal o 50% 0 Fees are per permit / one review. 50% of original permit fees. approved plan Plan Review - 3rd and subsequent reviews per submittal o 50% 0 Fees are per permit / each review. 50% of original permit fees. Marana Regular Council Meeting 04/21/2015 6of8 Page 132 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Renewal of expired permit- Within 180 per submittal 0 50% 0 Fees are per permit. 50% of original permit fees. days of expiration Marana Regular Council Meeting 04/21/2015 7of8 Page 133 of 142 EXHIBIT B - Resident Fee Schedule NORTHWEST FIRE DISTRICT FIRE CODE PERMIT FEE SCHEDULE Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Renewal of expired permit- After 180 days of expiration per submittal 0 100% 0 Fees are per permit. 100% of original permit fees. Fire Watch/Standby - Fire Code Official as required $170.00 Fees are per hour with a minimum of 2 hours, when available and pre - approval by Chief. Does not include operational response equipment, additional fee may be required Inspection After Business Hours as requested $170.00 Fees are per hour with a 2 hour minimum for services or inspections requested after business hours; for inspections requiring more than 2 inspectors fee will be per hour per inspector Inspection No -show (2nd inspection) per incident $170.00 Fees are for failure to attend a scheduled inspection after 30 minute Fire Code Official wait time. Work Without Approved Permit per incident 200% Fess are based on two (2) times the amount of the original permit fee. Fire Code Variance Request per submittal $341.00 Fees are per request. Costs are based on 5 hours of the inspectors time to research, provide code consultation, site visits and inspections. Hot work Operations - Temporary per submittal $136.00 Fees are for hot kettles, welding, soldering, brazing at construction sites Operational Permit per permit $68.00 Fees are based on other operational or event inspections not already listed. Special Events Inspection (during business hours) per hour $68.00 Fees are per hour. Special Events Inspection (after business hours) per hour $170.00 Fees are per hour with a 2 hour minimum for services or inspections requested after business hours; for inspections requiring more than 2 inspectors fee will be per hour per inspector Failure to have approved plans on site per incident $170.00 Fees are per incident. Failure to pretest fire protection systems per incident $170.00 Fees are per incident for failure to pretest system. Fees must be paid prior to scheduling 2nd intermediate or subsequent inspection(s). Failure to install per approved plan per incident $170.00 Fees are per incident. Staff Consultation and Research per hour $68.00 Fees are per hour - 2 hour minimum Pre - Application Meetings or Conferences per project $136.00 Fees are per project Marana Regular Council Meeting 04/21/2015 8of8 Page 134 of 142 EXHIBIT C - Non - resident Fee Schedule NORTHWEST FIRE DISTRICT OUT OF DISTRICT FIRE CODE PERMIT FEE SCHEDULE JULY 1 2014 Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Access Gates - Installation or Modification per submittal $476.78 Fees are for each permit / installation. Fire Apparatus Access Roads - Modification per submittal $391.64 Fees are for each permit / modification. Automatic Extinguishing Systems New Installation per submittal $698.15 Fees are for Clean Agent, Dry Chemical, Carbon Dioxide, and Other Special Extinguishing Systems. 0 -5000 square feet. Automatic Extinguishing Systems New Installation per submittal $306.50 Fees are for each additional 5,000 square feet or fraction thereof. Automatic Extinguishing Systems: Commercial Cooking Suppression Systems per submittal $681.12 Fees are for one system installation. Automatic Extinguishing Systems: Commercial Cooking Suppression Systems per submittal $391.64 Fees are for each additional system installation. Automatic Extinguishing Systems: Commercial Cooking Suppression Systems per submittal $306.50 Fees are for modifications, each system. Automatic Extinguishing Systems: Commercial Fire Sprinkler Systems per submittal $953.57 Fees are for new system installation 0- 10,000 square feet Automatic Extinguishing Systems: Commercial Fire Sprinkler Systems per submittal $1,123.85 Fees are for new system installation 10,00 1 52,000 square feet Automatic Extinguishing Systems: Commercial Fire Sprinkler Systems per submittal $306.50 Fees are for each additional 52,000 square feet or fraction thereof. Automatic Extinguishing Systems: Commercial Fire Sprinkler Systems per submittal $306.50 Fees are for each floor above or below first floor Automatic Extinguishing Systems: Commercial Fire Sprinkler Systems - In Rack Storage per submittal $630.03 Fees are for In Rack Storage. Automatic Fire Sprinkler System Modification per submittal $306.50 Fees are for 1 -20 heads. Automatic Fire Sprinkler System Modification per submittal $561.92 Fees are for 21 -100 heads. Automatic Fire Sprinkler System Modification per submittal $783.29 Fees are for 101 -500 heads. Automatic Fire Sprinkler System Modification per submittal $1,123.85 For 501 heads or more. Permit fees will be treated as anew system. Marana Regular Council Meeting 04/21/2015 1of7 Page 135 of 142 EXHIBIT C - Non - resident Fee Schedule NORTHWEST FIRE DISTRICT OUT OF DISTRICT FIRE CODE PERMIT FEE SCHEDULE JULY 1 2014 Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Automatic Extinguishing Systems: Commercial Fire Pumps and Related Equipment per submittal $1,294.13 Fees are for new single pump, includes tank. Automatic Extinguishing Systems: Commercial Fire Pumps and Related Equipment per submittal $868.43 Fees are for each additional pump Automatic Extinguishing Systems: Commercial Fire Pumps and Related Equipment per submittal $613.01 Fees are for modifications not requiring test. Automatic Extinguishing Systems: Commercial Fire Pumps and Related Equipment per submittal $953.57 Fees are for modifications requiring test. Automatic Extinguishing Systems: Residential Fire Sprinklers per submittal $647.06 Fees are for residential homes 0 -6000 square feet. Automatic Extinguishing Systems: Residential Fire Sprinklers per submittal $902.48 Fees are for residential homes 6001 - 10,000 square feet. Automatic Extinguishing Systems: Residential Fire Sprinklers per submittal $970.59 Fees are for residential homes 10,001 square feet and above. Automatic Extinguishing Systems: Commercial Standpipe Systems per submittal $630.04 Fees are for systems with 1 -10 outlets. Automatic Extinguishing Systems: Commercial Standpipe Systems per submittal $357.59 Fees are for each additional 1 -4 outlets or fraction thereof. Automatic Extinguishing Systems: Commercial Standpipe Systems - Modification per submittal $323.53 Fees are for modifications to the system. Fire Alarm System: New Installation per submittal $953.57 Fees are for new system installation 0- 10,000 square feet. Fire Alarm System: New Installation per submittal $1,123.85 Fees are for 10,001- 52,000 square feet Fire Alarm System: New Installation per submittal $766.26 Fees are for each additional 52,000 square feet or fraction thereof. Fire Alarm System: New Installation per submittal $187.31 Fees are for each additional floor above or below first floor. Fire Alarm and Detection Systems : Modification to existing system - 1 -5 Devices per submittal $289.48 Fees are for 1 -5 devices. Fire Alarm and Detection Systems : Modification to existing system - 6 -20 Devices per submittal $374.62 Fees are for 6 -20 devices. Fire Alarm and Detection Systems: Modification to existing system - 21 or more per submittal refer to new s stem For 21 or more devices. Permit fees will be treated as new system. Marana Regular Council Meeting 04/21/2015 2 of 7 Page 136 of 142 EXHIBIT C - Non - resident Fee Schedule NORTHWEST FIRE DISTRICT OUT OF DISTRICT FIRE CODE PERMIT FEE SCHEDULE JULY 1 2014 Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Fire Protection System Monitoring - System Installation per submittal $391.64 Fees are for each permit / installation. Compressed Gas Systems- Installation per submittal $834.37 Fees are for each permit / installation. Compressed Gas Systems- Modification not to exceed 50% of System per submittal $476.78 Fees are for each permit / installation. Firefighter Breathing Air Systems- Installation per submittal $1,396.30 Fees are for each permit / installation. Firefighter Breathing Air Systems - Modification not to exceed 50% of System per submittal $885.46 Fees are for each permit / installation. Fees are for first show/ display which includes review and Fireworks and Pyrotechnics Display /show per display or show $1,038.71 inspection. Additional fee for fire protection operational standby as determined by Chief . Fireworks and Pyrotechnics Display /show repeat show at same site $340.56 Fees are for repeat show at same site. Flame Effects Material, use and handling first show $1,038.71 Fees are per display which includes review and inspection. Flame Effects Material, use and handling repeat show at same site $340.46 Fees are for repeat show at same site. Fees are for single tent. Note: Tent permits must be submitted 10 Tents and Membrane Structures single tent $510.84 business days in advance of event. A Fee of $30 per day progressive penalty shall be assessed for permit applications not submitted 10 days prior to the event. Tents and Membrane Structures each additional tent on site $255.42 Fees are for each additional tent on site. Water System with Hydrants per submittal $681.12 Fees are for new system, the first 500 feet for review, inspection and flow testing. Water System with Hydrants per submittal $255.42 Fees are for additional each additional 500 feet or fraction thereof Water System with Hydrants per submittal $681.12 Fees are for new tank and pump on hydrant systems. 50% of Water system with Hydrants: Revision to previously approved plan per submittal original Fees are for revision to previously approved plan. p ermit fee Marana Regular Council Meeting 04/21/2015 3 of 7 Page 137 of 142 EXHIBIT C - Non - resident Fee Schedule NORTHWEST FIRE DISTRICT OUT OF DISTRICT FIRE CODE PERMIT FEE SCHEDULE JULY 1 2014 Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Other Operational Permits -IFC (permit not separately indicated) per submittal $170.28 Fess are for other annual permits, inspection or event permit and ms ection not already listed in fee schedule. State Licensed Facility Inspections - Hospitals per inspection $170.28 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. State Licensed Facility Inspections - Adult Day Care per inspection $170.28 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. State Licensed Facility Inspections- Nursing Homes per inspection $170.28 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. State Licensed Facility Inspections- Behavioral Health Facilities per inspection $170.28 Plus $10 per bed. Fees are for 1 initial inspection and 1 follow inspection. State Licensed Facility Inspections- Child Day Care for 1 -50 people per inspection $170.28 Fees are for 1 -50 people. State Licensed Facility Inspections -Child Day Care for 51 or more people per inspection $170.28 Fees are for 51 or more people. State Licensed Facility Inspections- Assisted Living Homes per inspection $170.28 Fees are for 1 -10 beds plus $10 per bed which includes 1 initial inspection and I follow inspection. State Licensed Facility Inspections- Assisted Living Centers per inspection $170.28 Fees are for 11 or more beds plus $10 per bed which includes I initial inspection and I follow inspection. State Licensed Facility Inspections - Juvenile Group homes per inspection $170.28 Fees are for 1 initial inspection and 1 follow inspection only. State Licensed Facility Inspections- Foster Homes per inspection $170.28 Fees are for 1 initial inspection and 1 follow inspection. State Licensed Facility Inspections - Correctional Facilities per inspection $170.28 Fees are for 1 initial inspection and 1 follow inspection. Special Events - Holiday / Seasonal Sales (Christmas Trees, Pumpkins, Valentines, per event $170.28 Fees are for 1 initial inspection and 1 follow inspection only. Tent Fireworks etc permit is separate. Special Events - Extension of Premise per inspection $170.28 Fees are for 1 initial inspection and 1 follow inspection only. Tent permit is separate. Other Construction Permits - IFC (permit not separately indicated) per submittal $340.56 Fees are for Other Construction Permit types not indicated separately. Construction Document Review - Development, Preliminary and Concept per submittal $851.40 Fees are per development plan submitted up to 99,999 square feet. Construction Document Review - Development, Preliminary and Concept per submittal $510.24 Fees are for additional, each separately submitted unit, or phase. Marana Regular Council Meeting 04/21/2015 4of7 Page 138 of 142 EXHIBIT C - Non - resident Fee Schedule NORTHWEST FIRE DISTRICT OUT OF DISTRICT FIRE CODE PERMIT FEE SCHEDULE JULY 1 2014 Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Construction Document Review - Development, Preliminary and Concept per submittal $1,702.80 Fees are per development plan submitted 100,000- 249,999 square feet. Construction Document Review - Development, Preliminary and Concept per submittal $851.40 Fees are for additional, each separately submitted unit, or phase. Construction Document Review - Development, Preliminary and Concept per submittal $3,403.00 Fees are per development plan submitted 250,000 - 500,000 square feet. Construction Document Review - Development, Preliminary and Concept per submittal $1,702.80 Fees are for additional, each separately submitted unit, or phase. Construction Document Review - Development, Preliminary and Concept per submittal $5,108.40 Fees are per development plan submitted over 500,000 square feet. Construction Document Review - Development, Preliminary and Concept per submittal $2,554.20 Fees are for additional, each separately submitted unit, or phase. Construction Document Review - Building Construction - New Building per submittal $681.12 Fees are for 0- 52,000 square feet, includes two reviews. Construction Document Review - Building Construction - New Building per submittal $340.56 Fees are for each additional 52,000 square feet or fractional thereof. Construction Document Review - Building Construction - Modification, Tenant Improvements, Landlord Improvements per submittal $340.56 Fess are for 0- 52,000 square feet. Includes two reviews. Construction Document Review - Building Construction - Modification, Tenant Improvements, Landlord Improvements per submittal $340.56 Fees are for each additional 52,000 square feet or fraction thereof. Construction Document Review - Residential Construction - Modification, Tenant Improvements, Landlord Improvements per hour $170.28 Fees are per hour for plan review. Residential Plats - 1 -5 Private parties per submittal $170.28 Fees are per submittal and one re- submittal within one year. Residential Plats - 1 -5 Lot split per submittal $340.56 Fees are per submittal and one re- submittal within one year. Residential Plats - 6 -30 lots per submittal $425.70 Fees are per submittal and one re- submittal within one year. Residential Plats - 31 -200 lots per submittal $510.84 Fees are per submittal and one re- submittal within one year. Residential Plats greater than 200 lots per submittal $681.12 Fees are per submittal and one re- submittal within one year. Marana Regular Council Meeting 04/21/2015 5 of 7 Page 139 of 142 EXHIBIT C - Non - resident Fee Schedule NORTHWEST FIRE DISTRICT OUT OF DISTRICT FIRE CODE PERMIT FEE SCHEDULE JULY 1 2014 Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Expedited Plan Review Option 1. Additional 50% of the submittal plan review fee (Plan Review Fee + additional 50% of plan review fee). Expedited fee will paid in full at the time of submittal. The initial review of the submittal will be completed in half of the prescribed plan review time frame. Expedited Plan Review Option Plan Review - Expedited Permit /Plan Review per submittal see note 2: Additional 100% of plan review fee). Expedited fee will be paid in full at time of submittal. The review timeframe for this option will be mutually agreed upon by the applicant and Fire Marshal prior to granting status to the submittal. Both of the District's expedited plan review options, require the completion and approval of the expedited review request form by the Fire Marshal prior to Plan Review - Revision to previously approved plan per submittal 50% Fees are per permit / one review. 50% of original permit fees. Plan Review - 3rd and subsequent reviews per submittal 50% Fees are per permit / each review. 50% of original permit fees. Renewal of expired permit- Within 180 days of expiration per submittal 50% Fees are per permit. 50% of original permit fees. Marana Regular Council Meeting 04/21/2015 6of7 Page 140 of 142 EXHIBIT C - Non - resident Fee Schedule NORTHWEST FIRE DISTRICT OUT OF DISTRICT FIRE CODE PERMIT FEE SCHEDULE JULY 1 2014 Fire Code Permit Fee Description Unit of Measure Permit Fee Notes Renewal of expired permit- After 180 days of expiration per submittal 100% Fees are per permit. 100% of original permit fees. Fees are per hour with a minimum of 2 hours, when available and Fire Watch/Standby - Fire Code Official as required $170.28 pre- approval by Chief. Does not include operational response equipment, additional fee may be require Fees are per hour with a 2 hour minimum for services or inspections Inspection After Business Hours as requested $170.28 requested after business hours; for inspections requiring more than 2 inspectors fee will be per hour per inspector Inspection No -show (2nd inspection) per incident $170.28 Fees are for failure to attend a scheduled inspection after 30 minute Fire Code Official wait time. Work Without Approved Permit per incident 200% Fess are based on two (2) times the amount of the original permit fee. Fees are per request. Costs are based on 5 hours of the inspectors Fire Code Variance Request per submittal $851.40 time to research, provide code consultation, site visits and inspections. Hot work Operations - Temporary per submittal $340.56 Fees are for hot kettles, welding, soldering, brazing at construction sites Operational Permit per permit $170.28 Fees are based on other operational or event inspections not already listed. Special Events Inspection (during business hours) per hour $170.28 Fees are per hour. Fees are per hour with a 2 hour minimum for services or inspections Special Events Inspection per hour $170.28 requested after business hours; for inspections requiring more than 2 inspectors fee will be per hour per inspector Failure to have approved plans on site per incident $170.28 Fees are per incident. Failure to pretest fire protection systems per incident $170.28 Fees are per incident for failure to pretest system. Fees must be paid prior to scheduling 2nd intermediate or subsequent inspection(s). Failure to install per approved plan per incident $170.28 Fees are per incident. Staff Consultation, Research or Pre - Application Meetings or Conferences per hour $170.28 Fees are per hour - 2 hour minimum Marana Regular Council Meeting 04/21/2015 7of7 Page 141 of 142 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. I NA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: April 21, 2015 Strategic Plan Focus Area: Not Applicable Item E 2 Subject: Executive Session pursuant to A.R.S. § 38- 431.03(A) (7), discussion or consultation with the Town Manager and Town Attorney in order to consider the Town's position and instruct its representatives regarding negotiations for the possible purchase of real property owned by Reyher Partnership and Marana 348 Limited Partnership located near the Marana Municipal Complex. Discussion: To be provided at the executive session. Staff Recommendation: To be provided at the executive session. Suggested Motion: Council's pleasure. Attachments: No file (s) attached. Marana Regular Council Meeting 04/21/2015 Page 142 of 142