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Home My WebLink About09/15/2015 Council Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 15, 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 September 15, 2015, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 115 5 5 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 to the Town Clerk prior to the convening of the meeting. Marana Regular Council Meeting 09 -15 -2015 Page 1 of 163 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.maranaaz.gov 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 09 -15 -2015 Page 2 of 163 PROCLAMATIONS P1 Proclaiming September 17 -- September 23, 2015 as Constitution Week (Jocelyn C. Bronson) 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. C1 Resolution No. 2015 -097: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the presentation of the 2015 Marana Chamber Big Green Event (Jane Fairall) C2 Resolution No. 2015 -098: Relating to Development; accepting Marana Center Boulevard and the Marana Center potable water system for maintenance and releasing the assurances associated with their construction (Keith Brann) C3 Resolution No. 2015 -099: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2016 (Lisa Shafer) C4 Resolution No. 2015 -100: Relating to Police Department; approving and authorizing the Chief of Police to execute a State and Local HIDTA Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for FY 2016 (Lisa Shafer) Marana Regular Council Meeting 09 -15 -2015 Page 3 of 163 CS Resolution No. 2015 -101: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute GOHS Contract Numbers 2016 -405d -007, 2016 -PT -017 and 2016 -PT -064 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI and Speed enforcement and Capital Outlay (Lisa Shafer) C6 Resolution No. 2015 -102: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of improvements for Tangerine Road —Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive (Frank Cassidy) C7 Approval of September 1, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rick McAtee on behalf of Marana Foundation for Educational Excellence for Marana Oktoberfest at Breakers to be held on September 25, 26, and 27, 2015 (Jocelyn C. Bronson) L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Raymond Patrick Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival to be held on October 10, 2015 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2015 -103: Relating to Utilities; Approving and authorizing the Mayor to sign a five year intergovernmental agreement with the Metropolitan Domestic Water Improvement District for the purchase of long term water storage credits (John Kmiec) ITEMS FOR DISCUSSION /POSSIBLE ACTION 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) Marana Regular Council Meeting 09 -15 -2015 Page 4 of 163 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. El Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Marana Regular Council Meeting 09 -15 -2015 Page 5 of 163 MARANA _ r' o� 115 5 5 W. CI C CENTER DRI -VE. NIARANA. ARIZ ONA 8 5 6 5 3 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: September 15, 2015 Item P1 Subject: Proclaiming September 17 -- September 23, 2015 as Constitution Week (Jocelyn C. Bronson) Attachments: DAR Constitution Week Marana Regular Council Meeting 09 -15 -2015 Page 6 of 163 DAUGHTERS OF THE AMERICAN REVOLUTION OLD PUEBLO CHAPTER HONORS CONSTITUTION WEEK 2015 WHEREAS September 17 throu September 23, 2014 marks the two hundred and twent anniversar of the draftin of the United States Constitution b the Constitutional Convention; and WHEREAS in 1955, the Dau of the American Revolution petitioned Con to set aside these dates annuall for special observance, and a resolution was subse adopted and si into law b President Dwi D. Eisenhower on September 17th; and WHEREAS it is fittin and proper to officiall reco this ma document and the anniversar of its creation and the patriotic celebrations held to commemorate the occasion; NOW, THEREFORE., BE IT RESOLVED b the Ma and Council of the Town of Marana, Arizona, to g ive official reco to this document and honor its anniversar b proclaimin that September 17 throu September 23, 2015 is CONSTITUTION WEEK in Marana, and we ask our citizens to reaffirm the ideals that the framers of the Constitution had in 1787 to protect the freedoms and liberties g uaranteed to us throu the Constitution. Dated this 15th da of September, 2015. ATTEST J c e I v n ronson Town Clerk V Ma Ed Hor Marana Re Council Meetin 09-15-2015 Pa 7 of 163 MARANA 115 5 5 W. CI C CENTER DRI NIA NA. ARIZ ONA 8 5 6 5 3 Item C I To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: September 15, 2015 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Under the Community focus area, the Strategic Plan III includes an initiative to market Marana as a destination for unique, family- friendly events. Subject: Resolution No. 2015 -097: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the presentation of the 2015 Marana Chamber Big Green Event (Jane Fairall) Discussion: The Marana Chamber Green Committee is planning a "Big Green Marana Event" for Saturday, November 7, 2015. The Committee reached out to the Town to request that the Town partner with the Committee to provide in -kind support and assistance for the event, which will be held at Crossroads at Silverbell District Park. The purpose of the Big Green Marana Event is to demonstrate that business and green are compatible and show by example the way to a more sustainable lifestyle and business model. The Event will include Main Stage Demonstrations and Talent, Hands -on Big Green Kid's Activity Tent and Kid's Zone, Raffle Prizes, Entertainment, Food and Fun, Green Vendors & Innovative Technology, Interactive, money- saving green tips and workshops for businesses and residents, Tree Planting Ceremonies, and other related activities. The proposed agreement with the Chamber of Commerce provides that the Chamber will recruit, select, approve and contract with demonstrators, talent, and vendors consistent with the theme of the Event and will provide sufficient staffing to present and run the Event. The Chamber will provide the Town with the following: 1. Two tent spaces, a table, and four chairs for the Town's use at the Event. Marana Regular Council Meeting 09 -15 -2015 Page 8 of 163 2. Promotion of the Town on Chamber's social media, website and Event Collateral. 3. Advertising on Event banners and mention in any media buys /public service announcements. 4. Stage mentions at each demonstration at the Event. The Town will provide in -kind support and assistance, at no cost to Chamber, including use of the event area and soccer field at Crossroads Park, use of the Town's stage and stage personnel, use of the the Town's variable message boards, and administrative support from Town staff. The Town will also cross promote the Event through the Town's media /communication outlets and will help coordinate a traffic and safety plan for the Event. Financial Impact: Fiscal Year: 2016 Budgeted Y /N: Y Amount: $0 The total value of the in -kind assistance and support to be provided by the Town pursuant to this agreement is $2,060. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2015 -097, approving and authorizing the Mayor to execute an agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the presentation of the 2015 Marana Chamber Big Green Event. Attachments: Resolution 2015 -097 Exhibit A to Resolution - Agreement Exhibit B to Agreement - Spreadsheet Marana Regular Council Meeting 09 -15 -2015 Page 9 of 163 MARANA RESOLUTION NO, 2015-097 RELATING TO SPECIAL EVENTS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND MARANA CHAMBER OF COMMERCE, INC. REGARDING THE PRESENTATION OF THE 2015 MARANA CHAMBER BIG GREEN EVENT WHEREAS on January 6, 2015, the Town Council adopted the Town of Marana Strategic Plan III which identifies Community as one of its five focus areas and includes the initiative to market Marana as a destination for unique, family - friendly events; and WHEREAS Marana Chamber of Commerce, Inc. ( "Chamber ") is a nonprofit corporation serving the business and professional community as the voice of commerce, providing numerous programs and services to improve the economic environment for its members and the community as a whole; and WHEREAS the Town and the Chamber, by and through its Green Committee, desire to enter into an agreement regarding the presentation of the 2015 Big Green Marana Event on November 7, 2015, the purpose of which is to demonstrate that business and green are compatible and show by example the way to a more sustainable lifestyle and business model; and WHEREAS the Town Council finds that approval of an agreement related to the presentation of the 2015 Marana Chamber Big Green Event as set forth in this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the presentation of the 2015 Marana Chamber Big Green Event, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. Marana Resolution No. 2015 -097 - 1 - Marana Regular Council Meeting 09 -15 -2015 Page 10 of 163 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -097 -2- Marana Regular Council Meeting 09 -15 -2015 Page 11 of 163 AGREEMENT BETWEEN THE TOWN OF MARANA AND MARANA CHAMBER OF COMMERCE FOR THE 2015 MARANA CHAMBER BIG GREEN EVENT THIS AGREEMENT (the "Agreement ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c) (6) nonprofit corporation (""CHAMBER"'). The Town and CHAMBER are sometimes collectively referred to in this Agreement as the "Par- ties," each of which is sometimes individually referred to as a "Party." RECITALS A. In January 2015, the Town Council of the Town of Marana adopted the Town of Marana Strategic Plan III (the ""Plan"). The Plan identifies Community as one of its five focus areas. Under the Community focus area, the Plan includes an initiative to market Marana as a destination for unique, family - friendly events. B. CHAMBER is a nonprofit corporation serving the business and professional community as the voice of commerce, providing numerous programs and services to improve the economic environment for its members and the community as a whole. C. The Town and CHAMBER, by and through its Green Committee, desire to enter into an agreement regarding the presentation of the 2015 Big Green Marana Event on November 7, 2015. The purpose of the Big Green Marana Event is to demonstrate that business and green are compatible and show by example the way to a more sustainable lifestyle and business model. D. The Town finds that the benefits to the Town resulting from CHAMBER's pro- duction and presentation of the 2015 Big Green Marana Event have a value at least equal to the fair market value of the in -kind support and assistance to be provided to CHAMBER by the Town pursuant to this Agreement. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Services to be performed by CHAMBER. CHAMBER, by and through its Green Committee, shall plan, develop and present the 2015 Big Green Marana Event (the "Event ") at Crossroads at Silverbell District Park, 7548 N. Silverbell Road, as set forth in this paragraph 1. The Event will be held on November 7, 2015, from 10:00 am to 3:00 pm. The Event will include Main Stage Demonstrations and Talent, Hands -on Big 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF -1- Marana Regular Council Meeting 09 -15 -2015 Page 12 of 163 Green Kid's Activity Tent and Kid's Zone, Raffle Prizes, Entertainment, Food and Fun, Green Vendors & Innovative Technology, Interactive, money- saving green tips and workshops for businesses and residents, Tree Planting Ceremonies, and other related activities. a. CHAMBER shall recruit, select, approve and contract with demonstrators, tal- ent, and vendors consistent with the theme of the Event and the terms of this Agreement. CHAMBER shall ensure that all Event vendors possess a current Town of Marana business license as of the date of the Event, if applicable. CHAMBER shall also ensure that all food vendors possess a current and appropriate permit from the Pima County Health Department, if required, as of the date of the Event. b. CHAMBER shall provide a complete listing of Event vendors to the Town at least one week prior to the Event. c. CHAMBER shall ensure that all Event vendors enter into a release and indem- nification agreement in the form set forth in Exhibit A, attached hereto and fully in- corporated herein by this reference. CHAMBER shall provide the completed release and indemnification agreements to the Town with the vendor list required by sub- paragraph b above. d. CHAMBER shall ensure that any children's amusement vendors, including jumping castle and other inflatable vendors, and rock climbing wall vendors, con- tracted for the Event are vendors approved by the Town of Marana Parks and Rec- reation Department. e. CHAMBER shall provide sufficient staffing to present and run the Event. f. CHAMBER shall also provide the Town with the following: i. Two tent spaces, a table, and four chairs for the Town's use at the Event. ii. Promotion of the Town on CHAMBER'S social media, website and Event Collateral. iii. Advertising on Event banners and mention in any media buys/ public ser- vice announcements. iv. Stage mentions at each demonstration at the Event. 2. Support and assistance to be provided by the Town. The Town shall provide in -kind support and assistance, at no cost to CHAMBER, as set forth in Exhibit B, attached hereto and incorporated herein by this reference. In addition to the support and assis- tance listed in Exhibit B, the Town shall also cross promote the Event through the Town's media/ communication outlets and shall help coordinate a traffic and safety plan for the Event. 3. Expenses; fees; books; taxes. Except as provided in paragraph 2 above, CHAMBER shall be responsible for all of its operating expenses. CHAMBER may assess, collect and retain fees from those who wish to participate in the Event. The Town makes no 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF -2- Marana Regular Council Meeting 09 -15 -2015 Page 13 of 163 guarantee or promise regarding the amount of compensation CHAMBER will receive due to these fees. CHAMBER shall make available to the Town for inspection any books, ledgers or statements kept by CHAMBER regarding activities conducted pursu- ant to this Agreement. CHAMBER shall be liable for all taxes applicable to the proceeds received by CHAMBER under this Agreement. 4. Effective date and duration. This agreement shall be effective as of the signature date of the last Party to sign this Agreement, and shall remain in effect until Novem- ber 30, 2015. Notwithstanding the foregoing, the indemnification provisions set forth in paragraph 8 below shall survive termination of this Agreement. 5. Relationship of the parties. In the performance of the services contemplated by this Agreement, CHAMBER shall act solely as an independent contractor, and nothing ex- pressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture between the Town and CHAMBER. 6. Use of Town logo and seal. The Town grants CHAMBER a limited license to use, at no cost, the Town's logo and seal in CHAMBER's performance of the services described in this Agreement. CHAMBER shall not use the Town's logo and seal for any other purpose or use. CHAMBER shall not modify, revise or alter the Town's logo or seal in any way. 7. Insurance. During the term of this Agreement, CHAMBER shall maintain insur- ance from carriers acceptable to the Town with the following required minimum cover- ages and limits, and the Town shall be named as an additional insured on the commer- cial general liability insurance policy for the purposes of CHAMBER's activities in rela- tion to the Event pursuant to this Agreement: Worker's Compensation: Employer's Liability: Commercial General Liability: Business Auto Liability: Statutory U.S. $100,000 U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate U.S. $1,000,000 combined single limit a. CHAMBER shall deliver one or more certificates of insurance evidencing cov- erage as described in this paragraph 7 to the Town upon execution of this Agree- ment and prior to commencing any activities pursuant to this Agreement. CHAM- BER shall also deliver new certificates of insurance each time the policy(s) is updat- ed. All certificates shall be delivered to the Town's Parks and Recreation Director. b. As an additional insured on CHAMBER's commercial general liability policy, the Town shall be provided coverage for any liability arising out of operations per- formed in whole or in part by or on behalf of CHAMBER. CHAMBER shall deliver additional insured endorsement(s) along with the certificate(s) of insurance required by subparagraph (a) above. The additional insured endorsement form identification 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF -3- Marana Regular Council Meeting 09 -15 -2015 Page 14 of 163 number shall also be included within the description box on the certificate of insur- ance and the applicable policy number shall be included on the endorsement. c. All policies required pursuant to this paragraph 7 shall be endorsed to contain a waiver of transfer of rights of recovery (subrogation) against the Town, its agents, officers, officials, and employees for any claims arising out of CHAMBER's work or service. Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all other insurance documentation required by this Article. d. The certificate(s) shall also stipulate that the insurance afforded CHAMBER shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insurance to that provid- ed by CHAMBER. Coverage provided by CHAMBER shall be primary insurance with respect to all other available sources. e. The insurance requirements specified in this paragraph 7 may not be changed or modified except by written agreement signed by both Parties. f. During the term of this Agreement CHAMBER shall give the Town at least 30 calendar days' written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 7. CHAMBER shall give the Town immediate notice of any other cancellation or reduction of any coverage required by this para- graph 7. Cancellation or reduction of any coverage required by this paragraph 7 is grounds for termination of this Agreement by the Town. 8. Indemnification. CHAMBER agrees to defend, save, hold harmless, and indemnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from CHAM- BER's errors, omissions, or negligent acts in the performance of services pursuant to this Agreement, or the errors, omissions or negligent acts of any party CHAMBER contracts with in the performance of services pursuant to this Agreement, anyone directly or indirectly employed by CHAMBER, or anyone for whose acts CHAMBER may be lia- ble. 9. Regulatory compliance and approvals. Each Party shall at its own expense comply with all applicable federal, state and local laws, rules, and regulations in connection with its obligations under this Agreement. As part of this obligation, CHAMBER shall obtain any and all permits required by the Town, the Northwest Fire District or any other appropriate regulatory agency for its activities under this Agreement. In consid- eration of the services to be performed by CHAMBER under the terms of this Agree- ment, to the extent legally permissible, the Town agrees to waive all Town of Marana review and permit fees that CHAMBER would normally be required to pay for CHAMBER's activities pursuant to this Agreement. 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF -4- Marana Regular Council Meeting 09 -15 -2015 Page 15 of 163 10. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to the Town, to: TOWN OF MARANA Attn: Parks and Recreation Director 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to CHAMBER, to: MARANA CHAMBER OF COMMERCE, INC. Attn: President/ CEO 13881 North Casa Grande Highway Marana, Arizona 85653 11. Entire agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and contem- poraneous agreements, representations and understandings of the Parties, oral or writ- ten, are superseded and merged in this Agreement. 12. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 13. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material short- ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein for the per- formance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. 14. Immigration laws. CHAMBER warrants that it will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23 -214 (A). CHAMBER acknowledges that pursuant to A.R.S. § 41 -4401 and effective September 30, 2008, a breach of this warranty is a mate- rial breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to inspect the papers of any employee who performs work or services pursuant to this Agreement to ensure compli- ance with this warranty. 15. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38 -511, which provides for termination in certain instances involving conflicts of interest. 16. Attorneys' fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys' fees in- curred in connection with that civil action. 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF -5- Marana Regular Council Meeting 09 -15 -2015 Page 16 of 163 17. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 18. Termination. Either Party may terminate its participation in this Agreement for any reason upon at least 15 days' prior written notice to the other Party. 19. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. c. 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 consti- tute one and the same agreement. [SIGNATURE PAGE FOLLOWS] 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF -6- Marana Regular Council Meeting 09 -15 -2015 Page 17 of 163 IN WITNESS WHEREOF, the Parties have duly executed this instrument below. The ""Town": TOWN OF MARANA, an Arizona munici- pal corporation ""CHAMBER"': MARANA CHAMBER OF COMMERCE, INC., an Arizona corporation Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date STATE OF ) )ss. County of ) Ed Stolmaker, President/ CEO Date Federal I.D. # The foregoing instrument was acknowledged before me this day of 2015 by Ed Stomaker, President/ CEO of MARANA CHAMBER OF COMMERCE, INC., an Arizona corporation, on behalf of the corporation. (Seal) Notary Public 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT -7- Marana Regular Council Meeting 09 -15 -2015 8/25/2015 JF Page 18 of 163 LIST OF EXHIBITS Exhibit A: Form of Release and Indemnification Agreement Exhibit B: Spreadsheet listing Town In -Kind Support and Assistance 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF 8 Marana Regular Council Meeting 09 -15 -2015 Page 19 of 163 EXHIBIT A Release and Indemnification Agreement In consideration of the acceptance of my Vendor Application for the Big Green Marana Event to be held November 7, 2015, I do hereby, for myself, my child /ren, my heirs, executors and assigns, release the Town of Marana (Town) and the Marana Chamber of Commerce, Inc. (Chamber), and their respective agents, officials and employees from liability for any harm, injury, or dam- age, which I, or my minor child / ren, may suffer while participating in the above - described event. This includes all risks that are connected with the event whether fore- seen or unforeseen. Additionally, I agree to defend, save, hold harmless, and indemnify the Town and Chamber, and their respective officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from my errors, omissions, or negligent or intentional acts in connection with the above - described event. I am of lawful age and legally competent to execute this Agreement. I understand the terms of this Agreement and have agreed to its terms as my own free act. If I am acting on behalf of an organization, I certify that I am the agent of the organiza- tion, I am acting on the organization's behalf, and I am duly authorized to execute this Release and Indemnification Agreement on the organization's behalf. By signing below, I acknowledge that I have read and agree to abide by all the terms, conditions, rules and regulations outlined in this Vendor Application Form and that I have read and understand the terms of this Release and Indemnification Agreement and agree that I shall be bound by its terms and conditions. VENDOR'S INFORMATION: Name: Address: Telephone No.: E -mail Address: Signature: Date: 00042846.DOC /3 2015 MARANA CHAMBER BIG GREEN EVENT AGREEMENT 8/25/2015 JF 9 Marana Regular Council Meeting 09 -15 -2015 Page 20 of 163 EXHIBIT B Town of Marana In -Kind Support to Chamber of Commerce Big Green Event RESOURCE UNIT UNIT QUANTITY UNIT COST Crossroads at Silverbell Park Event Area per day 1 $200.00 Soccer Field 1 per hour regular 2 $5.00 Soccer Field 1 per hour prime 5 $8.00 Showmobile Stage per event 1 $400.00 Stage Personnel per hour 7 $30.00 Variable Message Boards per day 4 $1 50.00 Tree Planting Ceremony each 1 $350.00 Administrative Support per hour 15 $30.00 Total Support TOTAL $200.00 $1 0.00 $40.00 $400.00 $210.00 $600.00 $350.00 $450.00 $2,060.00 Marana Regular Council Meeting 09 -15 -2015 MARANA 115 5 5 W. CI C CENTER DRI NIA NA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Gus Myers, Engineering Technician Date: September 15, 2015 Strategic Plan Focus Area: Not Applicable Item C2 Subject: Resolution No. 2015 -098: Relating to Development; accepting Marana Center Boulevard and the Marana Center potable water system for maintenance and releasing the assurances associated with their construction (Keith Brann) Discussion: If adopted, this proposed resolution will release the assurances posted by Vintage Partners for Marana Center Boulevard and the Marana Center potable water system as depicted in the improvement plans whose cover sheets are attached as Exhibit A and Exhibit B to the proposed resolution. In releasing the assurances, the Town of Marana will accept for maintenance approximately 0.80 miles of public roadway, street lighting, and associated drainage structures and appurtenances with an estimated value of $2,365,420 (plan set ENG1406 -008), and a potable water system including 5750 LF of potable waterline, water meters, valves, fire hydrants and appurtenances with an estimated value of $668,515 (plan set ENG1404 -003). Staff Recommendation: Staff recommends adoption of Resolution 2015 -098, accepting Marana Center Boulevard and the Marana Center potable water system for maintenance and releasing the assurances associated with their construction. Suggested Motion: Marana Regular Council Meeting 09 -15 -2015 Page 22 of 163 I move to adopt Resolution 2015 -098, accepting Marana Center Boulevard and the Marana Center potable water system for maintenance and releasing the assurances associated with their construction. Attachments: Resolution 2015 -098 Exhibit A to Resolution Exhibit B to Resolution Marana Regular Council Meeting 09 -15 -2015 Page 23 of 163 MARANA RESOLUTION NO. 2015-098 RELATING TO DEVELOPMENT; ACCEPTING MARANA CENTER BOULEVARD AND THE MARANA CENTER POTABLE WATER SYSTEM FOR MAINTENANCE AND RELEASING THE ASSURANCES ASSOCIATED WITH THEIR CONSTRUCTION WHEREAS Marana Center is a 170.7 acre subdivision located just east of Interstate 10 and south of the intersection of Twin Peaks Road and Linda Vista Boulevard, according to the plat recorded in the office of the Recorder of Pima County at Sequence 20142340180; and WHEREAS the subdivider has completed the public improvements to Town standards for Marana Center Boulevard and the Marana Center potable water system, as required for the subdivision; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA as follows: Section 1. The Town accepts Marana Center Boulevard for maintenance, consisting of approximately 0.80 miles of public roadway, street lighting, and associated drainage structures and appurtenances with an estimated value of $2,365,420 as depicted in the set of engineering plans bearing Marana plan number ENG 1406 -008, the cover sheet of which is attached to this resolution as Exhibit A. Section 2. The Town accepts the Marana Center potable water system for maintenance, consisting of approximately 5750 linear feet of potable waterline, water meters, valves, fire hydrants and appurtenances with an estimated value of $668,515 as depicted in the set of engineering plans bearing Marana plan number ENG 1404 -003, the cover sheet of which is attached to this resolution as Exhibit B. Section 3. The Town Engineer is authorized to release subdivision assurances to the extent they guaranteed the completion of Marana Center Boulevard and the Marana Center potable water system as more specifically described above. 00043064.DOCX /1 Marana Resolution No. 2015 -098 - 1 - Marana Regular Council Meeting 09 -15 -2015 9/1/2015 3:13 PM Page 24 of 163 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk 00043064.DOCX /1 Marana Resolution No. 2015 -098 Marana Regular Council Meeting 09 -15 -2015 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 9/1/2015 3:13 PM Page 25 of 163 PUBLIC ROADWAY IMPROVEMENTS AND DRAINAGE PLANS FOR W. MARANA CENTER BLVD. F Lot i 4:A37bak SOU 11% T. 1 2 CORNER SC 1� T.25., R12E M 3' ■ II STAID s ! 4a VIM 4G WXW U -_ 21080 POINT NO 01201 A ��I I I�1 F BLOCK % .Q r '• CASCARA PUBLIC PARK* k . RED PDXIIITT DEV BK 65, PG 35 P.C.R. L. V BK W, PG35 RW POTAIT DEV roe i y BK64, PG35 ♦`- MARANA CENTER 1 I PARCEL No 5 owes w� { bL 0056 wow y >✓ WOW , PARCEL No I Ol I ., �Ar� y 11110. 00 PARCEL No 3 t i PARCEL No 4 BASIS OF BEARING THE CC*RRACTOR SHALL LPFIOVM A WORK W DRAWf4Q FOR THE TYfT-- SZE AND LOCATION OF ALL C* -HTE TRAFFIC SICI a THE WOWNO DRAWNG SFW1 BE APPROVED EFY THE TRAFFIC NVESTIGATM SECTION W1TFN 71-E TRAFFIC BV0RAFERM DLIIf M MID) ff11DR TO WTALLNO TRAFFIC SIGNIR TFE TOIMH F4VT -CfOR WILL HOT ACCEPT ANY V WOFK VfTKO1Jf A SMED WORUW DRAWNO FOR TFE PROPOSED SK*Ia PL EASE { IT ACT 71-£ TOM CF LLUAAwPJ`. 0PEFATXE18 CDiTM AT MM = FUR APPROYAL OF THE VIOM MO DRAWNG OF THE DOW THE =M14 FOR THE OFF-EM IrPROVELEMM &µaL SC SHCOW ON TLS P'LMCI THE STRIPW CONTRACTOR MOT CONTACT TM STRIPING SL IPERY 91OR AT (520) 382 -25M AT LF1W 49 f FIM TO AAff 8f1WF1i7 BENa APPL ®. PARCEL No 2 .0 I LEGEND _ ABBREVIATIONS Sw 61L 10 PIPS a PC/DaT IF U0 MM 1 A .B.C, jamuAl 119t 005t NSVT NEW BRASS CAP SURVEY MONUMENT i A.C, Avm X cagwrt EX WNC SEWER & MANHOLE A D. ANC. PT kzopmx DAIRtm APi3.0 P MI PC PC/COT NEW SERER & MANHOLE SHT No. BCR BCSI BEGIN CURB RETURN BRASS CAP SURVEY PRC DOSING CURB & PAVEMENT E = � BVC MONUMENT BEGIN VERTICAL CURVE PT P,U.E_ NEW CURB do PAVEMENT PAYING PLAN/PROFILE CONC. D.I.P. CONCRETE DUCTILE IRON PIPE PA EXISTING CONCRETE SIDEWALK i t! _ _ a _ DI EIR DETAIL END CURB RETURN PVMT RCBC NEW CONCRETE SIQEIIALK 17 ELEV. EP ELEVATION EDGE OF PAVEMENT REINF. EXISTING RIPRAP SIGNING do STRIPING PLAN NOTES EVC END VERTICAL CURVE RP NEW RIPRAP TSOI EAST. FM D. EXISTING FOUND GRADE RT.(R) R B/ K EXISTING CONTOUR - FSVT FAR SIGHT VISIBILITY STA. PROPOSED CONTOUR -21FT INTERVAL ��4P GB IN V TRIANGLE CRADE BREAK INVER STD SHT. TOB tZ4 IIIAi0m t v A - �e'w- LT-(Q LEFT TYR NEW WATERLINE do VALVE �ll —yyT MAX. MID PT MANHOLE MAXIMUM MIDWAY POINT WSE THK. b61 NEW FIRE HYDRANT W/ VALVE MIN, MINIMUM MAMK QUAN P(S -UFM NEW WATER SERNCE 3 NEW ELECTRIC PEDESTAL b` rms�r�a x NEW ELECTRIC TRANSFORMER NEW ELECTRIC J2 CABINET CENTERLINE CURVE DATA �� FACE-OF-CURB CURVE DATA C1 g m on I,�ra M m aw PROPOSED SLOPE i it QPL X mu -r 1 - s• rig_ �e +car rlls �� aoa •. CATCH BASIN NUMBER 1 - SHEET HUMBER i III011 TEL �Rftv R* W WO 15 TAM 09 K 11101L% GEODETIC SURVEY (NGS) W SITE }iAYW W-NOAr, .Mr, ON OCFOBER 25, 2013 PROJECTION: AF47W CENTRAL ZONE, NAD 81 (EPOCH 2011) OATw: M-10 UNITS: INTEANATOK FEET G{DIR 1AXOE1. OM CONTROL POINT: NN 121 PV: C2 2524 LATITUDE 32 24' 091929TH LONCTTUDE 111 09' 54 772DVV ELLIPSOID HEIGHT: 601 680 (METERS) DESCRIPTION: STNNIESS STEEL ROD MONO TO i7idJND AT (GM) N: 502429 025, E 950305.906. USING A SCALE FACTOR OF 10001 2325M 1 dWAINLA1 UN mxam hnmk MC,E BASIS OF ELEVATION THE VERTICAL DAR% FOR INIS SURVEY IS BASED ON NGS, PID CZ MA AN ARIZONA HOWAY DEPARTMENT BRASS CAP FLUSH, STAMPED STA 354+916 RD 217120 1980. IN HEADWALL OF CONCRETE BRIDGE UNDER THE MONTAGE ROAD. 112 MILES NORTHWEST ALONG THE SOUTFRRN PACIFIC RAIL"D PROM THE STATION AT TUG9OGI, HAVING AN ELEVATION OF 2172 88 FEET, NAND B& ACC EPTE'D ' 5i -F ACCEPTED BY L TWJO C+ba_'rA+c. f +A NR :+A DW TOWN ENGINEER C t1! EMMAIM YAG OW w TI.L M01111 Q ex* pm w0g-m Aw OU ►K* k 'BFI IC V30 t ommy FIL1+Q� m ' MUK ,A L5714L Plt ( ,T3m fox eum 325- t 4 QXLIII� PAT R VIA RK R.L Marana Regular Council Meeting 09 -15 -2015 EXHIBIT A - -- .} --.-- -- - - -. - T'd`G 3 I PCM7 tk; TYPE 3 PER PC T Sw 61L 10 PIPS a PC/DaT IF U0 MM 1 WW FIM 3 PEI[ ov IM t EF -1 GRA - r 1 - im _I ff. F. fAL&& F& AtIPT G - .C3p A f A � a P T#rr i PAGE No. SHT No. 0 ES [_� - �-- 2 2 4DIS A WFAU 3 -0 3 -8 PAYING PLAN/PROFILE 9 9 TEMPORARY BERM & STABILIZED SEWER ACCESS DETAILS 10 -14 SD1 -SD5 STORM DRAIN PLAN do PROFILE 15-16 SD6 -SD7 STORM DRAIN LATERAL & CULVERT PROFILES 17 SD8 CULVERT PROFILES k DETAILS it STI SIGNING do STRIPING PLAN NOTES 19 -22 ST2 -ST5 SIGNING do STRIPING PLANS 23 TSOI TRAFFIC SIGNAL GENERAL NOTES 24 TS02 TRAFFIC SIGNAL RESPONSIBILITIES 25 25 TSD3 TSO4 TRAFFIC SIGNAL PLAN -TWIN PEAKS ROAD TRAFFIC SIGNAL POLE SCHEDULE 27 T505 TRAFFIC SIGNAL CABLE SCHEMATIC 28 TS06 FUTURE TRAFFIC SIGNAL (W. MARANA CENTER BLVD AT S' 29 T507 FUTURE TRAFFIC SIGNAL (W. am-7 KY7. AT A 30 TS08 FUTURE TRAFFIC SIGNAL (W. MARANA CENTER BLVD AT W III011 TEL �Rftv R* W WO 15 TAM 09 K 11101L% GEODETIC SURVEY (NGS) W SITE }iAYW W-NOAr, .Mr, ON OCFOBER 25, 2013 PROJECTION: AF47W CENTRAL ZONE, NAD 81 (EPOCH 2011) OATw: M-10 UNITS: INTEANATOK FEET G{DIR 1AXOE1. OM CONTROL POINT: NN 121 PV: C2 2524 LATITUDE 32 24' 091929TH LONCTTUDE 111 09' 54 772DVV ELLIPSOID HEIGHT: 601 680 (METERS) DESCRIPTION: STNNIESS STEEL ROD MONO TO i7idJND AT (GM) N: 502429 025, E 950305.906. USING A SCALE FACTOR OF 10001 2325M 1 dWAINLA1 UN mxam hnmk MC,E BASIS OF ELEVATION THE VERTICAL DAR% FOR INIS SURVEY IS BASED ON NGS, PID CZ MA AN ARIZONA HOWAY DEPARTMENT BRASS CAP FLUSH, STAMPED STA 354+916 RD 217120 1980. IN HEADWALL OF CONCRETE BRIDGE UNDER THE MONTAGE ROAD. 112 MILES NORTHWEST ALONG THE SOUTFRRN PACIFIC RAIL"D PROM THE STATION AT TUG9OGI, HAVING AN ELEVATION OF 2172 88 FEET, NAND B& ACC EPTE'D ' 5i -F ACCEPTED BY L TWJO C+ba_'rA+c. f +A NR :+A DW TOWN ENGINEER C t1! EMMAIM YAG OW w TI.L M01111 Q ex* pm w0g-m Aw OU ►K* k 'BFI IC V30 t ommy FIL1+Q� m ' MUK ,A L5714L Plt ( ,T3m fox eum 325- t 4 QXLIII� PAT R VIA RK R.L Marana Regular Council Meeting 09 -15 -2015 EXHIBIT A -' � I CENTER PHASE 1 WATER PLAN RE RE 0 . 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ML C4'+'FP"T�t' IA9ki �E AD445�O OF NE � �.� OF � 6>�df,J= tdH�ER trrmarr�� artECra � LE TH OF RT"'VED ES PrPE' JAEC -E5 RY E7a"snmc ♦iY ITKvgs. u �R`�7NF E R a r.2 ra#a j+ ST v, FHE 14ATER SnMv FATE FLT' fRE"EVEAT 6,;Z.000 FOR PmSE d, 4,WO GP-',I,f AT ALJ?I'U; J7qf SOttWd;N P,1 -ffV W t41CFdD R AOV A, Ja"k,'pCly-EJPJT. 484TJI914 OF 2072$8 fFfF, nA4V .&S ve181 -mkgWT ��■tr EXHIBIT B Marana Regular Council Meeting 09 -15 -2015 MARANA 115 5 5 W. CI C CENTER DRI -VE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: September 15, 2015 Strategic Plan Focus Area: Not Applicable Item C3 Subject: Resolution No. 2015 -099: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2016 (Lisa Shafer) Discussion: For several years, the Town of Marana Police Department has participated with the United States Department of Justice, Drug Enforcement Administration (DEA) on the DEA Tucson Task Force Group 1. These activities help improve the effectiveness and efficiency of drug control efforts. The DEA Tucson Task Force Group 1 will: (a) disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; (b) gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, (c) conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. Under this agreement the Town agrees to provide an officer to the task force for a period of not less than two years. The salary and benefits of the officer are paid for by the Town and any overtime worked by the officer is reimbursable by DEA up to a maximum of $17,548 per year. The proposed agreement outlines the procedures for operation for Task Force activities and the funding policies and procedures in more detail. Financial Impact: Fiscal Year: 2016 Budgeted Y /N: Yes Marana Regular Council Meeting 09 -15 -2015 Page 28 of 163 Amount: $17,548 The cost of this grant has been contemplated and placed in the current budget. The officer's salary and benefits will be paid out of the general fund and overtime will be reimbursable by DEA under this agreement. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2015 -099, approving and authorizing the Chief of Police to execute the Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2016. Attachments: Resolution 2015 -099 2016 DEA Agreement Drug Free Workplace Form Marana Regular Council Meeting 09 -15 -2015 Page 29 of 163 MARANA RESOLUTION NO. 2015-099 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2016 WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration (DEA) has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS the Town of Marana, through its Police Department, and the DEA desire to renew an agreement providing for the Marana Police Department's continued participation in the DEA Tucson Task Force; 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 task force agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the task force agreement between the DEA and the Marana Police Department for FY 2016, attached to this resolution as Exhibit A, and authorizing the Chief of Police 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 task force agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2015 -099 Marana Regular Council Meeting 09 -15 -2015 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 30 of 163 PROGRAM- FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT This agreement is made this 30 day of September, 2015, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and Marana Police Department (hereinafter "MPD ") The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists throughout Arizona, and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail one (1) experienced Officer to the DEA Task Force for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. §878. 2016 Marana PD Program- Funded Task Force Agreement 1 Marana Regular Council Meeting 09 -15 -2015 Page 31 of 163 5 . To accomplish the objectives of the DEA Tucson Task Force, DEA will assign four (4) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and MPD Officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the DEA Tucson Task Force, the MPD will remain responsible for establishing the salary and benefits, including overtime, of the MPD Officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the MPD for overtime payments made by it to the MPD Officer assigned to the DEA Tucson Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, law enforcement officer general schedule locality pay tables, rest of the United States table (currently $17,548), per officer. Note: Task Force Officer's Overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) after termination of this agreement, whichever is later. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and I. 11. The MPD agrees that an authorized Officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying: Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the MPD by DEA until the completed certification is received. 2016 Marana PD Program- Funded Task Force Agreement 2 Marana Regular Council Meeting 09 -15 -2015 Page 32 of 163 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the MPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money; and, (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 29, 2016. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: Douglas W. Coleman Special Agent in Charge For Marana Police Department: Terry S. Rozema Chief of Police Attachment Date Date 2016 Marana PD Program- Funded Task Force Agreement 3 Marana Regular Council Meeting 09 -15 -2015 Page 33 of 163 .? • � . _ ., ••ti..s�f� , r. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Non procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As e uir d b Se dafi9 3 Title 31 of the U..S. Code, ancq impler en a�t 28 8FR , rsons e t rin in�o �, r coo e ative reement over e ?66,600, as �e fine l a �w art 6 the appiRant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attemptin to influence an officer or employee of any agency, a Member o Congress, an officer or employee of Congress, or an employee of a Member of Con ess in connection with the making of any Federal grant entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement, b . If an ds of er than Federal a r riated funds have been � d or wi ��e i to an rson fo in uencin or at n t uence an o� cer or e p e fo ee an a en�L , a IVler�ieP o $22 ress, �icer or em o ee o�Con res , orya e la'grant lo e o a amber o �on ress in co ne tion th t is Fendere or co pe.rati a re m t, the ersi ed s all co e end Nivit mit �Tand ar 0rm . .�� sclosure o Lob s, in accordance with its instructions; . The gnders shell require that the lapqu�ge pf this cer- i cation in de in e aw rd documents o su awards at a tiers. in ,deg s bgrans, ontract uric r rant a d coo erativ ree . en s, nd su cts) and that sut recipients sha�certi y and disclose accordingly. MIR ��ION, AND OTHER As required b Executive Or r 5 9, barment and Sus ension, .ana implemented t C rt T 6 , or spyig c anW7 31 primaa TM red transactions, as de p ned art ection %7 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily xcluded from covered transactions by any Federal department or agency, b Have no w th' a thge per iod reced n t is ap lic tio en convicted o� ? h a civi. ud e t rende�e a air st t o� r commis ion of. aud r e cri�nin�a o ense in connection with taining, alitempting to Atain, or pe orming a u bb (Federal State, or focal)ra rEederaction or co tr ct un ubl i transaction; . violation o al or to n itrus t tutes o commission of em a emen , he , i or yel Vd re r c fal . or dd structIon oT records, ma ng a stateents, or receiving stollen property, �V Are of presentl indi t d for or th rwise criminal or civil ar ed�y a overt n ntit (�ederal, St te, or cal wi �?r sion P o tie of ens s enumerated in paragraph 1) oflRis h cer�ifica ion, and k dd Have not within a t ree- ear a eding hi ap li atio d .one r more pub i transa an erriod Ths e�eral, dr c laim terminated for cause or default; B. Where the a plica . is . una le to c rtify to aNt the stat merits in this c rt. cation, a or sie shall an expl to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As re uired b the t Fre W rk lace t of 1988 and Te ' l e a to a c art ions rt �7 Squls r 15 , a c #or t 's as Fine a f8 P Sect F.9nd drug -free 9po h Fapaceeby ies that it will or will continue to provide a W Ptjbjishinq a statement notif� in em to ees that the aw ma fa to e, ddistribution, nsi ng,. ssession, gr use oT a controlled 19 rice �s r i ite.d in rantee s workkplace rid s ecif in tie acts '. %h will be j a against employeesorvid�atio�i osuch pro�iiTition; o Es ablishinq aboon go1ng drug -free awareness program to emplo (1) The dangers of drugs abuse in the workplace, (2) The grantee's policy of maintaining a drug -free workplace, & 3d A�r available drug counseling, rehabilitation, and employee sis nce programs, n &&T evip ?aio occu Themporkpiacpe, n employees for drug f c) Mak n it a re it ment that each employee to be en a ed in he er#ormance V �ie rant be given a cpy of the stgat ment required by paragrap� (a�, d Notif i the em loye in he tatem nt q fired b H ra ra t t as a�con - iition OT employment un t e grant,, e e�n p�oy wa- OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. Marana Regular Council Meeting 09 -15 -2015 Page 34 of 163 (1) Abide by the terms of the statement; and DEA Arizona Offices (� Notify he e.mplo a in wri in of his .or her conviction for a vi la i n o . a crimin g dru st uti occurring the workplace no la er than ive calendar dais a, er such conviction; W Notif in the a e c i writin with' calendar days, after eivin r ing ara aph. �) )rom an erplo ee � r othe wis rece vi a tua notic of . uch . convi ti n. mpto ers o if vic cla mp oyees st rovidS Ml once, n �u �n ositio�i titl ear m nt o s is oT J tti � c ro rem , e R ro� esk, gg n is a ve ue� . W., as�hhin n, 2 once inc I inc uc�e the identification number�syof each a ected grant; Check h there are workplace on file that are not identified ere. S ctiQn 67, 63 c f the r gulations p ovides.that a g gg e t at i9 a to e ma e e o. a on cer. c i a o in. ach e r a i ca T ea A co o ;f orm n .s o Id e incl dea with e h ap Ica ton or Diepa n o ice States and ate apgencies may elect o use Bg Ta nig one. of the followi actipns, withi 30 led r s o Teceivin notice under sup ar graph (d)(2) , wi respect to any employee who is so convi�tE 1 Taking ap ro ri to rsonnel . action a ai.n t such n o e e, p o ncl in to mi i co�isis ent with tqn regB rXments o the ehabi I Nbn �ct ��1°3 3 as amended; or �? Requirinq such em l e articiiipate satisfactoril ip a dru use a i an Ke d ' eral, r e ram a Croen ve or suc ur ses a tate, or 'loPaRe th, orcement, Br cttRer appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The ranteQ may insert in t e pace . rovided elow t e �ite V fo tole erformance of wor s done i�i connec ion wit e ecific grant Place of Performance (Street address, city, country, state, zip Check if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As re uir d b e u NFhe W rk lace c of 1988, and im .le en� dd C , t ntees, as deFine at 58 art 6 ecns 6 T9 and gqg- A. Asa o dition of the gr nt, I certify that I will not engage in the unla �ul cture, distribution, dis .onsin oss sion tt r use oT a on substance in condition ny activi y with e grant, and B. If convinced of a criminal drug ffense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Marana Police Department 11555 W. Civic Center Drive, Bldg. B; Marana, AZ 85653 -7091 2. Application Number and /or Project Name 3. Grantee IRS /Vendor Number 4. Typed Name and Title of Authorized Representative Terry S. Rozema, Chief 5. Signature 6. Date Marana Regular Council Meeting 09 -15 -2015 Page 35 of 163 MARANA 115 5 5 W. CI C CENTER DRI NIAR.ANA. ARIZ ONA 8 5 6 5 3 Item C4 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: September 15, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2015 -100 Relating to Police Department; approving and authorizing the Chief of Police to execute a State and Local HIDTA Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for FY 2016 (Lisa Shafer) Discussion: Currently the Town of Marana Police Department has an officer in agrant- funded position under the High Intensity Drug Trafficking Area (HIDTA) program with the Pima County /Tucson Metro Counter Narcotics Alliance (CNA). In January of this year, Marana PD entered into an agreement allowing this officer to continue to work in the HIDTA program but be a Credentialed Task Force Officer with the Drug Enforcement Administration (DEA). This federal credentialing has benefited the Marana Police Department and the officer greatly. The previous agreement was for second half of fiscal year 2015. This new agreement is for the entire 2016 fiscal year. The Town will not incur any additional costs associated with this agreement and the officer will continue to be paid through the HIDTA grant agreement. Financial Impact: Fiscal Year: 2016 Budgeted Y /N: No Amount: 0 This grant has no impact on the budget. The officer's salary and benefits are currently being paid out of separate grant agreement with CNA. Staff Recommendation: Marana Regular Council Meeting 09 -15 -2015 Page 36 of 163 Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2015 -100, approving and authorizing the Chief of Police to execute a State and Local HIDTA Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for FY 2016. Attachments: Resolution 2015 -100 DEA Agreement Drug Free Workplace Form Marana Regular Council Meeting 09 -15 -2015 Page 37 of 163 MARANA RESOLUTION NO. 2015-100 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FOR FY 2016 WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration (DEA) has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS currently the Town of Marana Police Department has an officer in a grant - funded position under the High Intensity Drug Trafficking Area (HIDTA) program with the Pima County /Tucson Metro Counter Narcotics Alliance (CNA); and WHEREAS a recent change in the supervisory staffing has allowed a unique opportunity for the Marana officer to continue to work in the HIDTA program but be a Credentialed Task Force Officer with the Drug Enforcement Administration; 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 task force agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the State and Local HIDTA Task Force Agreement between the DEA and the Marana Police Department for FY 2016, attached to this resolution as Exhibit A, and authorizing the Chief of Police 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 task force agreement. -1- Marana Resolution No. 2015 -100 Marana Regular Council Meeting 09 -15 -2015 Page 38 of 163 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of September, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Marana Resolution No. 2015 -100 Marana Regular Council Meeting 09 -15 -2015 Page 39 of 163 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT This agreement is made this 1 St day of October, 2015, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Marana Police Department (hereinafter "MPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the State of Arizona and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail one (1) experienced Officer to the Task Force for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 USC 878. 2016 Marana PD Page 1 Marana Regular Council Meeting 09 -15 -2015 Page 40 of 163 5 . To accomplish the objectives of the DEA Task Force, DEA will assign six (6) Special Agents to the Task Force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and MPD Officer assigned to the Task Force. This support will include: office space, office supplies travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 6. During the period of assignment to the DEA Task Force, the MPD will remain responsible for establishing the salaries and benefits, including overtime, of the MPD Officer assigned to the Task Force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the MPD for overtime payments made by it to the one (1) MPD Officer assigned to the DEA Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 law enforcement officer general schedule locality pay tables, rest of the United States table (currently $17,548), per officer. Note: Task Force Officers overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The MPD agrees that an authorized Officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 2016 Marana PD Page 2 Marana Regular Council Meeting 09 -15 -2015 Page 41 of 163 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the MPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. The MPD understands and agrees that HIDTA will provide the MPD Task Force Officer with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune -ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGVs) -HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the MPD personnel, in addition to whatever accident reporting requirements the MPD may have. 14. While on duty and acting on task force business, the MPD Officer assigned to the HIDTA Task Force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGVs for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of Task Force Officers, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2016. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: Douglas W. Coleman Special Agent in Charge For the Marana Police Department: Terry S. Rozema Chief of Police Date Date 2016 Marana PD Page 3 Marana Regular Council Meeting 09 -15 -2015 Page 42 of 163 .? • � . _ ., ••ti..s�f� , r. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Non procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As e uir d b Se dafi9 3 Title 31 of the U..S. Code, ancq impler en a�t 28 8FR , rsons e t rin in�o �, r coo e ative reement over e ?66,600, as �e fine l a �w art 6 the appiRant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attemptin to influence an officer or employee of any agency, a Member o Congress, an officer or employee of Congress, or an employee of a Member of Con ess in connection with the making of any Federal grant entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement, b . If an ds of er than Federal a r riated funds have been � d or wi ��e i to an rson fo in uencin or at n t uence an o� cer or e p e fo ee an a en�L , a IVler�ieP o $22 ress, �icer or em o ee o�Con res , orya e la'grant lo e o a amber o �on ress in co ne tion th t is Fendere or co pe.rati a re m t, the ersi ed s all co e end Nivit mit �Tand ar 0rm . .�� sclosure o Lob s, in accordance with its instructions; . The gnders shell require that the lapqu�ge pf this cer- i cation in de in e aw rd documents o su awards at a tiers. in ,deg s bgrans, ontract uric r rant a d coo erativ ree . en s, nd su cts) and that sut recipients sha�certi y and disclose accordingly. MIR ��ION, AND OTHER As required b Executive Or r 5 9, barment and Sus ension, .ana implemented t C rt T 6 , or spyig c anW7 31 primaa TM red transactions, as de p ned art ection %7 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily xcluded from covered transactions by any Federal department or agency, b Have no w th' a thge per iod reced n t is ap lic tio en convicted o� ? h a civi. ud e t rende�e a air st t o� r commis ion of. aud r e cri�nin�a o ense in connection with taining, alitempting to Atain, or pe orming a u bb (Federal State, or focal)ra rEederaction or co tr ct un ubl i transaction; . violation o al or to n itrus t tutes o commission of em a emen , he , i or yel Vd re r c fal . or dd structIon oT records, ma ng a stateents, or receiving stollen property, �V Are of presentl indi t d for or th rwise criminal or civil ar ed�y a overt n ntit (�ederal, St te, or cal wi �?r sion P o tie of ens s enumerated in paragraph 1) oflRis h cer�ifica ion, and k dd Have not within a t ree- ear a eding hi ap li atio d .one r more pub i transa an erriod Ths e�eral, dr c laim terminated for cause or default; B. Where the a plica . is . una le to c rtify to aNt the stat merits in this c rt. cation, a or sie shall an expl to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As re uired b the t Fre W rk lace t of 1988 and Te ' l e a to a c art ions rt �7 Squls r 15 , a c #or t 's as Fine a f8 P Sect F.9nd drug -free 9po h Fapaceeby ies that it will or will continue to provide a W Ptjbjishinq a statement notif� in em to ees that the aw ma fa to e, ddistribution, nsi ng,. ssession, gr use oT a controlled 19 rice �s r i ite.d in rantee s workkplace rid s ecif in tie acts '. %h will be j a against employeesorvid�atio�i osuch pro�iiTition; o Es ablishinq aboon go1ng drug -free awareness program to emplo (1) The dangers of drugs abuse in the workplace, (2) The grantee's policy of maintaining a drug -free workplace, & 3d A�r available drug counseling, rehabilitation, and employee sis nce programs, n &&T evip ?aio occu Themporkpiacpe, n employees for drug f c) Mak n it a re it ment that each employee to be en a ed in he er#ormance V �ie rant be given a cpy of the stgat ment required by paragrap� (a�, d Notif i the em loye in he tatem nt q fired b H ra ra t t as a�con - iition OT employment un t e grant,, e e�n p�oy wa- OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. Marana Regular Council Meeting 09 -15 -2015 Page 43 of 163 (1) Abide by the terms of the statement; and DEA Arizona Offices (� Notify he e.mplo a in wri in of his .or her conviction for a vi la i n o . a crimin g dru st uti occurring the workplace no la er than ive calendar dais a, er such conviction; W Notif in the a e c i writin with' calendar days, after eivin r ing ara aph. �) )rom an erplo ee � r othe wis rece vi a tua notic of . uch . convi ti n. mpto ers o if vic cla mp oyees st rovidS Ml once, n �u �n ositio�i titl ear m nt o s is oT J tti � c ro rem , e R ro� esk, gg n is a ve ue� . W., as�hhin n, 2 once inc I inc uc�e the identification number�syof each a ected grant; Check h there are workplace on file that are not identified ere. S ctiQn 67, 63 c f the r gulations p ovides.that a g gg e t at i9 a to e ma e e o. a on cer. c i a o in. ach e r a i ca T ea A co o ;f orm n .s o Id e incl dea with e h ap Ica ton or Diepa n o ice States and ate apgencies may elect o use Bg Ta nig one. of the followi actipns, withi 30 led r s o Teceivin notice under sup ar graph (d)(2) , wi respect to any employee who is so convi�tE 1 Taking ap ro ri to rsonnel . action a ai.n t such n o e e, p o ncl in to mi i co�isis ent with tqn regB rXments o the ehabi I Nbn �ct ��1°3 3 as amended; or �? Requirinq such em l e articiiipate satisfactoril ip a dru use a i an Ke d ' eral, r e ram a Croen ve or suc ur ses a tate, or 'loPaRe th, orcement, Br cttRer appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The ranteQ may insert in t e pace . rovided elow t e �ite V fo tole erformance of wor s done i�i connec ion wit e ecific grant Place of Performance (Street address, city, country, state, zip Check if the State has elected to complete OJP Form 4061/7. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As re uir d b e u NFhe W rk lace c of 1988, and im .le en� dd C , t ntees, as deFine at 58 art 6 ecns 6 T9 and gqg- A. Asa o dition of the gr nt, I certify that I will not engage in the unla �ul cture, distribution, dis .onsin oss sion tt r use oT a on substance in condition ny activi y with e grant, and B. If convinced of a criminal drug ffense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Marana Police Department 11555 W. Civic Center Drive, Bldg. B; Marana, AZ 85653 -7091 2. Application Number and /or Project Name 3. Grantee IRS /Vendor Number 4. Typed Name and Title of Authorized Representative Terry S. Rozema, Chief 5. Signature 6. Date Marana Regular Council Meeting 09 -15 -2015 Page 44 of 163 MARANA 115 5 5 W. CI C CENTER DRI NIARANA. ARIZ ONA 8 5 6 5 3 Item C5 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: September 15, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2015 -101: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute GOHS Contract Numbers 2016 -405d -007, 2016 -PT -017 and 2016 -PT -064 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI and Speed enforcement and Capital Outlay (Lisa Shafer) Discussion: The Town of Marana Police Department has been awarded three grants from the Governor's Office on Highway Safety totaling $92,113. Two of the grants will fund $80,000 in overtime for officers to support DUI /Impaired Driving and STEP /Speed Enforcement activities. These State funds will support personnel services (Overtime) and employee - related expenses (fringe benefits) for those officers participating in the enforcement activities. The third grant, for $12,113, will fund the purchase of three Pro Laser IV Lidars to enhance Selective Traffic Enforcement (STEP) throughout the Town of Marana. Over the past few years, the number of impaired drivers on Marana streets has been greatly reduced due to these efforts. Although great strides have been made in making Marana's roadways safer, there are still a large number of impaired drivers getting behind the wheel every day. The Marana Police Department is responding to this problem by increasing education, visibility, enforcement, and officer training. With an overall goal to reduce the number of accidents, injuries, and deaths caused by impaired and aggressive drivers. The STEP /Speed grant provides funding for programs to combat excessive speed and aggressive driving, to initiate a coordinated education and enforcement effort utilizing internal resources and allowing the MPD to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. This overtime funding will also allow Marana to continue participation on the Southern Arizona Marana Regular Council Meeting 09 -15 -2015 Page 45 of 163 DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and by increased formal enforcement action to reduce the number of impaired and aggressive drivers on Arizona roadways. The Town will provide event - specific, department- initiated speed, DUI and speed enforcement and work in a coordinated effort with other agencies to reduce the number of individuals under the influence through enforcement and education efforts and to reduce the number of aggressive drivers in the region. Financial Impact: Fiscal Year: 2016 Budgeted Y /N: Y Amount: $92 All of the officers' overtime will be fully reimbursed by this grant and the equipment is fully funded and does not have a match. Staff Recommendation: Staff recommends approval of the three grant agreements. Suggested Motion: I move to adopt Resolution 2015 -101, approving and authorizing the Chief of Police and the Town Manager to execute GOHS Contract Numbers 2016 -405d -007, 2016 -PT -017 and 2016 -PT -064 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI and Speed enforcement and Capital Outlay. Attachments: Resolution 2015 -101 Exhibit A to Resolution - DUI Contract Exhibit B to Resolution - STEP /Speed Contract Exhibit C to Resolution - Lidar Contract Marana Regular Council Meeting 09 -15 -2015 Page 46 of 163 MARANA RESOLUTION NO. 2015-101 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE GOHS CONTRACT NUMBERS 2016-405D-007,2016-PT-017 AND 2016 -PT -064 BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY (GOHS) AND THE TOWN OF MARANA FOR GRANT FUNDING FOR DUI AND SPEED ENFORCEMENT AND CAPITAL OUTLAY WHEREAS the State of Arizona, by and through the Governor's Office of Highway Safety (GOHS) sought proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS on March 17, 2015, the Town Council adopted Resolution No. 2015 -022 authorizing the Chief of Police to submit projects to be considered for funding for FY 2015 -2016 in the form of reimbursable grants from the National Highway Traffic Safety Administration and the Arizona Oversight Council on Driving or Operating under the Influence Abatement; and WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS GOHS has awarded grant funding to the Marana Police Department for DUI and speed enforcement and related equipment; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into grant agreements with GOHS to be eligible to receive the awarded grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. GOHS Contract Number 2016 -405d -007, attached to and incorporated by this reference in this resolution as Exhibit A, GOHS Contract Number 2016 -PT -017, attached to and incorporated by this reference in this resolution as Exhibit B, and GOHS Contract Number 2016 -PT -064, attached to and incorporated by this reference in this resolution as Exhibit C, between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana, are hereby approved and the Chief of Police and the Town Manager are hereby authorized to execute them for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the three approved grant agreements. Marana Resolution No. 2015 -101 - 1 - Marana Regular Council Meeting 09 -15 -2015 Page 47 of 163 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of September, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -101 -2- Marana Regular Council Meeting 09 -15 -2015 Page 48 of 163 GOVERNOR'S OFFICE OF HIGIIWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY CONTRACT This page, the Project Directors Manual and attached hereto and incorporated herein by reference, constitute the entire contract between the parties hereto unless the Governor's Highway Safety Representative authorizes deviation in writing. CFDA 20.616 1. APPLICANT AGENCY DOHS CONTRACT NUMBER: Marana Police Department 2016 -405d -007 ADDRESS PROGRAM AREA: 4054 11 555 W. Civic Center Dr., Marana, AZ 85653 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Marana Lisa Shafer ADDRESS 3. PROJECT TITLE: 11555 W. Civic Center Dr., Marana, AZ 85653 DU111i - npaired Driving Enforcement 4. GUIDELINES: 405d 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 4054 funds will support Personnel Services (Overtime) and Employee Related Expenses to efflzance DUI /Impaired Driving Enforcement throughout the Town of Marana. 6. BUDGET Project Period COST CATEGORY FFY 2016 I. Personnel Services $30,257.00 II. Employee Related Expenses $9 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out -of -State $0.00 VI. Materials and Supplies $0.00 VII, Capital Outlay $0.00 TOTAL ESTIMATED COSTS $40,000.00 FROM: Effective Date PROJECT PERIOD TO: 09 -30 -2016 (Date o f ' GOHS Director Signature) CURRENT GRANT PERIOD FROM: 1001 2015 TO: 09-30-2016 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $40 A political subdivision or state agency that is mandated to provide a certified resolution or ordinance authorizing entry into this contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded contract. Marana Regular Council Meeting 09 -15 -2015 Page 49 of 163 GDHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016-405d-007 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: The Marana Police Department has a cadre of 85 sworn officers. Various assignments include patrol, directed action response, traffic enforcement, detectives, criminal investigations, and canine. The Marana Police Department also shares resources with the Pima Regional Special Weapons and Tactics Team, Explosive Ordnance Disposal, the Counter Narcotics Alliance, Arizona Vehicle Theft Task Force, and the Federal Drug Enforcement Administration. The Department also boasts seven Drug Recognition Experts (DRE), four DRE instructors, eight qualified phlebotomists, seven Horizontal Gaze Nystagmus (HGN) instructors, and 80% of all patrol officers certified in HGN. The Department works closely with the Southern Arizona DUI Taskforce in a concentrated and coordinated effort to reduce the number of impaired drivers on the roadways through enforcement and educational efforts. The Town of Marana was incorporated in 1977. Marana encompasses 122 square miles with an estimated population of just over 40,000. Recent improvements in the economy have increased residential and commercial building, attracting people and commerce to the town. The Town of Marana is bisected by 18.2 miles of Interstate 10 with a frontage road running parallel to the interstate on both sides. This I- 10 corridor hosts seven traffic interchanges with 28 on/off ramps and 10 railroad crossings. Most of the railroad crossings are at grade and with the recent double tracking of the Union Pacific Railroad the Town has seen a dramatic increase in daily train traffic. The Police Department serves 306 miles of arterial roadways, 190 miles of residential streets, and 37 miles of rural roads. Marana also hosts 22 signalized intersections and two signalized crosswalks. Marana also has multi -lane arterials that corniect heavy residential and commercial traffic to both Interstate 10 and State Road 77. In northern Marana frontage roads accommodate a high volume of traffic during key commute times and serve as alternate roadways for local drivers wishing to avoid the high speeds and congestion of Interstate 10. In the fall of 2015 the first large scale mall in Marana will open up just off the Twin Peaks interchange. Agency Problem: Marana is recovering from the recession at a good consistent rate. In 2014 there were 588 new single family residential permits issued out to new Marana residents. Current estimates are forecasting a population of about 50,000 residents by 2020. In the early fall of 2015 the first large scale mall will open along the Twin Peaks corridor and is expected to have over 90 new stores and restaurants/bars. The first phase of the mall is basically the sane size and scale as the Phoenix Premium Cutlets at Wild Horse Pass in Chandler. Also in 2015 the Home Plate Sports Pub will open in Marana. This bar will be over 5,000 square feet, with an additional area for enclosed batting cages. As a result of the improving economy the Town will see a significant increase in patrons visiting bars and restaurants serving alcohol and a correlating increase in the risk of non - injury, injury, and fatal collisions is anticipated. Impaired drivers represent an unacceptable percentage of drivers involved in property damage and injury collisions. The Department saw a 300% increase in fatal collisions in 2013, and the number of fatal collisions remained the same for 2014. Of those fatalities all but one was related to drugs or alcohol. The PD has seen a steady increase in number of residents and new businesses in the Town. Unfortunately staffing levels have not kept up with the increase for service, therefore resulting in increased workloads that are reactionary in nature. This leaves very little time for officers to do proactive enforcement and education with the public. Staffing traffic enforcement deployments during regular Work hours is extremely challenging and many times only feasible with overtime provided by critical grants. 2 Marana Regular Council Meeting 09 -15 -2015 Page 50 of 163 G OHS HIGHWAY Marana Police Department SAFETY CONTRACT 201 G -405d� -007 .. . ... .... ................. ....... Agency Attempts to Solve Problem: The Marana Police Department has very successfully utilized the previous GOHS Impaired Driving Grant funds to target enforcement deployments throughout the year. As the population grows and general calls for service increase, dedicated time for specialized DUI enforcement is very limited. However, sworn officers of the Marana Po lice Department routinely conduct DUI enforcement while on regular duty. The Department has provided specialized training to officers and 80% of patrol officers are certified in Horizontal Gaze Nystagmus and Standardized Field Sobriety Tests. The department also has seven Drug Recognition Experts and eight phlebotomists. The Marana Police Department actively deploys with the Southern Arizona DUI. Taskforce and partners with other local agencies to provide specialized DUI training to officers. The Marana Police Department has employed an aggressive media campaign including social media to educate the public about the dangers and consequences of impaired driving. The Marana Police Department has also partnered with two local high schools to assist with driver's education, Linder aged drinking prevention, and impaired driving education. Each year Marana officers' conduct four education sessions at Marana High School and four at the neighboring Mt. View High School. Starting in August of 2014 Marana PD has a permanent full time officer assigned to Marana High School as the School Resource Officer. This officer continues to educate the students on the dangers of drugs and alcohol. The police department also offers a very similar training to Marana citizens at least twice a year during the Citizen's Police Academy. Agency Funding: Federal 405d funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI /Impaired Driving Enforcement throughout the Town of Marana. How Agency will Solve Problem with Funding: The Marana Police Department intends to meet the project objectives listed below by September 30, 201 • Reduce the year over year total number of alcohol involved traffic injuries and fatalities. • Increase the year over year total number of DUI arrests. • Conduct or participate in DUI saturation patrols and multi - agency taskforce operations. • Conduct DUI training sessions for enforcement personnel. • Conduct DUI awareness and prevention seminars for high school driver's education. classes and the Citizen's Police Academy. Prepare complete press release information for media (television, radio, print, online, and social media) during each campaign. These shall include a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign's purpose, aggressive enforcement, and the high cost of DUI in terms of financial, criminal, and human consequences. The agency will provide a schedule of their respective DUI taskforce details or planned participation in other agency DUI taskforce details a minimum of three (3) weeks prior to each mandatory reporting period. To develop a DUI operational plan to establish the method of operation with goals and objectives applicable upon initiation of contracted grant program. 3 Marana Regular Council Meeting 09 -15 -2015 Page 51 of 163 GOHS HIGI3WAY Marana Police Department SAFETY CONTRACT 2016- 405d -007 GOALS /OBJECTIVES: Federal 405d funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI /Impaired Driving Enforcement throughout. the Town of Marana. Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE, Materials & Supplies, Capital Equipment and/or Travel In and out of State shall comply with the Impaired Driving Program Goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving Program Goal is to reduce the incidence of alcohol and drug related driving, fatalities and injuries through enforcement, education and public awareness throughout the State of Arizona. Law Enforcement personnel participating in Impaired Driving Enforcement /DUI activities including DUI Task Force details under this program shall be HGN /SFST certified. MEDIA RELEASE To prepare complete press release information for media (television, radio, print and on -line) during each campaign period including a main press release, schedule of events, departmental plans and relevant data. The material will emphasize the campaign's purpose aggressive enforcement and the high cost of DUI/Impaired Drivin in terms of money, criminal and human consequences. The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task force enforcement statistics to GOHS on -line at the GOHS website no later than 10:00 a.m. the mornin followin each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President's .Day, St. Patrick's Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year's details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports and/or Report of Costs Incurred (RCIs) on time and correctly may delay reimbursement for expenditures to your agency. METHOD OF PROCEDURE: The Marana Police Department will. make expenditures as follows to meet the outlined Program Goals /Objectives: Personnel Services - To support Overtime for DUI/Impaired Driving Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed contract. A copy of this press release shall be sent to the GOHS Director at the same time it is sent to the media. This press release shall include the objective and specify that the funding is from the Governor's Office of Highway Safety. 4 Marana Regular Council Meeting 09 -15 -2015 Page 52 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Arizona is presently and consistently below the documented average among the states in the Blood Alcohol (BAC) testing of drivers involved in fatal motor vehicle collisions. Each law enforcement a that receives an enforcement- related rant is re uired to ensure that this accurate data on all drivers involved are reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is net. PURSUIT POLICY: All law enforcement agencies receiving federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. METHOD OF PROCUREMENT: The application of USDOT "Commnon Rule" and Circular A -102 requires that: Grantees and sub grantees will use their own procurement procedures which reflect applicable state and local laws and regulations, provided that the procurement procedures conform to applicable federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State Procurement process. A clear audit trail must be established to determine costs charged against this contract:. Substantiation of costs shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Project Director shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open state contract award. Documents submitted to substantiate purchase using an open state contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure that the objectives have been net. Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each respective quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, Marana Regular Council Meeting 09 -15- 2015 Page 53 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -4054 -007 and mandatory statistical data provided in this report are analyzed by the assigned project coordinator. It is critical that the report contains the following information: Original signatures on all Quarterly Reports and RCIs Signatures must include Project Director unless prior authorization for another is on file with GOHS. Report Schedule 1 Quarterly Report (October 1 to December 31., 201.5) January 30, 2016 2nd Quarterly Report (January 1 to March 31, 2016) Aril 30, 2016 3r Quarterly Report (April 1 to June 30, 2016) July 30, 2016 0' Quarterly Report Quly to September 30, 2016) October 15, 2016 Final Statement of Accomplishment October 15, 201.6 The Quarterly Report shall be completed on the form available on-line and submitted by mail to the Governor's office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL .LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON --LINE GOHS DUI REPORTING SYSTEM, IN ADDITION To SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishment 'T'he Project Director shall submit a Final Statement of Accomplishment Report to the GOHS no later than thirty (30) days after the conclusion of each federal fiscal year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishment Report. .Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of federal funds or termination of the contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Terry Rozema, Chief, Marana Police Department, shall serve as Project Director., Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project Administrator, Shane Radford, Governor's office of Highway Safety, shall serve as Project Coordinator, 12EPORT OF COSTS INCURRED (RCI): The Project Director shall submit a Report of Costs Incurred (RCI) with supporting documentation attached, to the Governor's office of Highway Safety at a minimum on a quarterly basis in correlation with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation, to the Governor's Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will 6 Marana Regular Council Meeting 09 -15 -2015 Page 54 of 163 GOBS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 not be accepted after thirty (30) days after the conclusion of each federal fiscal year (September 30th). Expenditures submitted after the expiration date will not be reimbursed and the agency will accept fiscal responsibility. The R.CI template and instructions are available on the Governor's Office of Highway Safety website at http: / /www.azgohs.gov /grant - opportunities /. Failure to meet the reporting requirements may be cause to terminate the project. PROJECT MONITORING: Highway safety grant project monitoring is used by DOHS project coordinators to track the progress of project objectives, performance measures and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring also serves as a management tool for: Detecting and preventing problems y Helping to identify needed changes ➢ Identifying training or assistance needed ➢ Obtaining data necessary for planning and evaluation Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are: Ongoing contact with the contracted grantee through phone calls, e- mails, correspondence, and meetings ➢ On -Site and/or In -House monitoring reviews of project operations, management, and financial records and systems y Review of project Quarterly Reports ➢ Review and approval of Report of Costs Incurred (RC1s) Desk review of other documents in the project-grant files for timely submission and completeness Marana Regular Council Meeting 09 -15 -2015 7 Page 55 of 163 Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review /Phone Conference $50,000 and over In -House DOHS Review $100,000+ On-Site Review Desk Review Internal Review of all written documentation related to contractual project including but not and Phone limited to contract, quarterly reports, enforcement data, financial data, e- mails, letters, notes, Conference press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted and the results. It serves as an informational review to determine progress of programmatic /financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. Marana Regular Council Meeting 09 -15 -2015 7 Page 55 of 163 GOHS I3IGI3WAY Marana Police Department SAFETY CONTRACT 2016-405d-007 On -site and/or In-house monitoring for grantees of designated projects with large capital outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems might need on-site monitoring more than once during the fiscal year. On -site and/or In -house monitoring includes a review and discussion of all issues related to assure the effective administration of the contracted project. The following are the most important items to review: Progress toward meeting goals /objectives and performance measures Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation y Quarterly reports Status of expenditures related to the outlined budget ➢ Accounting records Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated project administrator will assure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the grantee's respective federal file. Findings will be discussed with the grantee designated contract representative (project administrator, fiscal specialist) by phone and/or e- /nail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance with be placed on a performance plan as outlined by the project coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. Marana Regular Council Meeting 09 -15 -2015 8 Page 56 of 163 If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in -house erecting at GOHS. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. In- -House Documents performance review results including project activities, reimbursement. claims Review review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including but not limited to contract, quarterly reports, enforcement data, financial data, e- malls, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. On -Site Documents performance review results including project activities, reimbursement claims Monitoring review, equipment purchases, and other information. Reviews applicable information related to the project(s) including but not limited to contract, quarterly reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on -site at the grantee's agency with monitoring form completed on -site by Project Coordinator. Any findings or areas of improvement, concern, or recognition, will be provided to the grantee. On -site and/or In-house monitoring for grantees of designated projects with large capital outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems might need on-site monitoring more than once during the fiscal year. On -site and/or In -house monitoring includes a review and discussion of all issues related to assure the effective administration of the contracted project. The following are the most important items to review: Progress toward meeting goals /objectives and performance measures Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation y Quarterly reports Status of expenditures related to the outlined budget ➢ Accounting records Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated project administrator will assure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the grantee's respective federal file. Findings will be discussed with the grantee designated contract representative (project administrator, fiscal specialist) by phone and/or e- /nail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance with be placed on a performance plan as outlined by the project coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. Marana Regular Council Meeting 09 -15 -2015 8 Page 56 of 163 GOIIS HIGI-1WAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 PROJECT PERIOD: The Project Period shall continence on the date the GoHS Director signs the Highway Safety Contract and terminate on September 30 of that or subsequent year as indicated on the Highway Safety Contract. DITR ATION-_ Contracts shall be effective on the date the Governor's office of Highway Safety Director signs the contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Project Director will submit notification on the Agency's letterhead and hand - deliver or submit via regular mail to the Director of the Governor's office of Highway Safety a minimum of 90 days prior to the end of the project period. The Agency shall address all requests to modify the contract to the Director of the Governor's office of Highway Safety on Agency letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the contract. Any unexpended funds remaining at the termination of the contract shall be released back to the Governor's office of Highway Safety. Marana Regular Council Meeting 09 -15 -2015 9 Page 57 of 163 OOHS HIOIIWAY Marana Police Department SAFETY CONTRACT 2016-405d-001 ESTIMATED COSTS: I. Personnel Services (overtime) $30 II. Employee Related Expenses (ERE) $9,743.00 III. Professional and Outside Services $0.00 IV. Travel In -State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$40 *Includes all applicable training, tax, freight, and advertising costs. The DOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of 40 percent. This is the maximum ERE amount to be reimbursed. It: is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $40,000.00. Marana Regular Council Meeting 09 -15 -2015 10 Page 58 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY TOTAL DUI ARRESTS TOTAL MISDEMEANOR DUI ARRESTS TOTAL EXTREME DUI .15 ARRESTS TOTAL AGGRAVATED DUI ARRESTS TOTAL DUI DRUG ARRESTS TOTAL DRE EVALUATIONS SOBER DESIGNATED DRIVERS CONTACTED UNDERAGE ALCOHOL VIOLATIONS - TITLE 4 UNDERAGE DUI ARRESTS UNDERAGE DUI -DRUG ARRESTS TOTAL AGENCY CITATIONS SPEED CITATIONS RED LIGHT RUNNING CITATIONS SEAT BELT CITATIONS CI-41LD SAFETY SEAT CITATIONS Marana Regular Council Meeting 09 -15 -2015 11 Page 59 of 163 GOHS HIGHWAY M:arana Police Department SAFETY CONTRACT 2016 --405d -007 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor's Office of Highway Safety (DOHS) hereinafter referred to as "STATE ", and the agency named in this Contract, hereinafter referred to as "AGENCY". WHEREAS, the National Ilighway Safety Act of 1966, as amended (23 USC § §401 " 404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governi or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on -site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three -month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address lasted on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report /Statement of Acconiplisluiient at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract.. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY'S Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under section XX herein, "Termination and Abandonment ". Marana Regular Council Meeting 09 -15 -2015 12 Page 60 of 163 DOHS HIGHWAY Marana Police De artment SAFETY CONTRACT 2016w405d -007 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self - insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out -of- -state travel claims will be reimbursed at rates provided by AGENCY'S regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the coiTunon law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Marana Regular Council Meeting 09 -15 -2015 13 Page 61 of 163 GOBS HIGHWAY Marana Police Department SAFETY CONTRACT 2016-405d-007 VII. Non -- Assignment and Sub- Contracts This Contract is not assignable nor may any portion of the work to be performed be sub - contracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in Writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non - consumable materials, supplies, and the like, Which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not Wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty -free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any maimer they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patient. X0 "Common Rule" and OMB Circular No. A -102 (Revised) "Common Rule " (49 CFR Part 18) Uniform Adininistrative Requirennent.y ft)r Grants and Cool- wrath�c Agreenienl,v to State and Local Goii rnfnents OMB Circular No. A -102 (Revised : Grants and Cool)eratil)e Agreeni.entv with State and Local Goi�ernni.ents The application of USDOT "Common Rule" and Circular A -102 requires that: AGENCY and sub - grantees Will use their own procurement procedures, Which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be net. The Arizona Procurement. Code (ARS, §41 -2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply With these requirements for any procurement using grant monies from this Contract. Marana Regular Council Meeting 09 -15 -2015 1 4 Page 62 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 XI. Equal Opportunity A. Pursuant to the requirements of the Federal -Aid Highway Act of 1 968 (U.S.C. §103 et. seq.), AGENCY, as a condition to receiving approval of this Contract submitted under the Highway Safety Act of 1966, as amended, hereby gives its assurance that employment in connection with the subject Highway Safety Project will be provided without regard to race, color, creed, sex, or national origin, and that any contract it enters into with any private agency pursuant hereto will include provisions in compliance with this paragraph (XI). As a condition of receiving approval of this Contract, AGENCY will be subject to and will comply with Title VI of the Civil Rights Act of 1964 and all applicable requirements of the Department of Commerce regulations as adopted by the USDOT, providing that no person in the United States shall on the ground of race, color, creed, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the subject Highway Safety Project. B. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE or the USDOT may tale any or all of the following actions. 1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and 2. Refrain from extending any further Federal financial assistance to AGENCY under the Highway Safety Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from AGENCY. C. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non- discriminatory to handicapped persons. XII. Executive Order 2009 --09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive order 2009 -09, .Non- .Discritnination in EDnl)l( yyinent by Goi�ernnwnt Coy tractors and Subcontravors'. Executive order 2009 -09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act AGENCY will notify all of its employees whose principal employment is in comiection with any highway safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, as amended, of the provisions of the Hatch Act: (5 U.S.C. §7321 et. seq.). XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR, Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR, Part 23 apply to this Contract. B. ligation: The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR, Part 23 have the subcontracts financed in whole or in part with Federal. funds Marana Regular Council Meeting 09 -15 -2015 1 5 Page 63 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of U SDOT- assigned contracts. XV. Arbitration Clause, ARS §12 -1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35 -214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor's Office of Highway Safety. XVII. Appropriation of Funds by I.I.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E- Verify Both Parties acknowledge that immigration laws require them to register and participate with the E- Verify program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this state. Both Parties warrant that they have registered with and participate with E- Verify. If either Party later determines that the other non - compliant Party has not complied with E- Verify, it will notify the non - compliant Party by certified email of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. Marana Regular Council Meeting 09 -15 -2015 16 Page 64 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty -four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reirnbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandorunent by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511 the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or chief executive officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. Marana Regular Council Meeting 09 -15 -2015 17 Page 65 of 163 GOHS HIGHWAY Marana Police De artment SAFETY CONTRACT 2016 -405d -007 AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject the Highway Safety Act of 1966, as amended (23 U. S.C.A. §§401-404), ARS §28 --602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Certification of Non- Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant: fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to DOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act In accordance with the Buy America Act (49 U.S.C. 53230)): Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest:, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non -- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Marana Regular Council Meeting 09 -15 -2015 18 Page 66 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -445d -007 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Nance: Lisa S Loa Title. Director, Communit Develop &. Neighborhood Services Telephone Number: 520) 382 - 1 909 Fax Nunber:_ E-n'iail Address lshafer maranaaz, ov 2. Agency's Fiscal Contact: Nance: Erik Montague CPA Title: Finance Director, Town of Marana Telephone Number: 520 382 -1900 Fax Number: 520 382 -1902 E-mail Address: emonta ue maranaaz. ov Federal Identification Number: 86- 0331755 3. REIMB UR.S`L�.�1.�'.l T INFf ].RMA TION , Warrant/Check to be made payable to: Town of Marana Warrant /Check to be mailed to: Town of M arana____ �w (Agenc 1 1555 West Civic Center Drive (Address) Marana AZ 85653 (City, State, Zip Code 19 Marana Regular Council Meeting 09 -15 -2015 Page 67 of 163 GQHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -405d -007 Lobbying Restrictions Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the extension, continuation, renewal, amendment, or modification of any Federal contract, grant., loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned will require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients will certify and disclose accordingly. D. Z "his certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to rile the required certification will be subject to a civil penalty of not less than $10,000 and not more than 100,000 for each such failure. Signature gf'ProjectDrrectnr: Terry Rozema, Chief Marana Police Department Date Signature o f Author zed Off vial o f Governmental Unit: Culbert Davidson, Town Manager Town of Marana Telephone Date Telephone Marana Regular Council Meeting 09 -15 -2015 20 Page 68 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016-405d-00")" AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §405 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28 -602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 4054, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. Authorization to Proceed Date a AGREEMENT AND AUTHORIZATION TO PROCEED by State official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Governor's office of Highway Safety Governor's Highway Safety Representative FEDERAL FUNDS: Approval Date Marana Regular Council Meeting 09 -15 -2015 21 Page 69 of 163 GOVERNOR'S OFFICE OF I3IGH'WAY SAFETY HIGHWAY SAFETY CONTRACT STATE OF ARIZONA This page, the Project Directors Manual and attached hereto and incorporated herein by reference, constitute the entire contract between the parties hereto unless the Governor's Highway Safety Representative authorizes deviation in writing. CFDA 20.600 1. APPLICANT AGENCY DOHS CONTRACT NUMBER: Marana Police Department 2016 -PT -017 ADDRESS PROGRAM AREA: 402 -PT 1 1555 W. Civic Center Dr., Marana, AZ 85653 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Marana Lisa Shafer ADDRESS 3. PROJECT TITLE: 11555 W. Civic Center Dr., Marana, AZ 85653 STEP Enforcement Overtime 4. GUIDELINES: 402- -- Police Traffic (PT) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. 6. BUDGET Project Period. COST CATEGORY FFY 2016 I. Personnel Services $30,257.00 II. Employee Related Expenses $9 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel out -of -State $0.00 VI. Materials and Supplies $0.04 VII. Capital outlay $0.04 TOTAL ESTIMATED COSTS $40 FROM: Effective Date PROJECT PERIOD TO: 09 -30 --2016 (Date o f ' GODS Director Signature) CURRENT GRANT PERIOD FROM: 10 -01 -2015 TO: 09 -30 -2016 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $40,000.00 A political subdivision or state agency that is mandated to provide a certified resolution or ordinance authorizing entry into this contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded contract. Marana Regular Council Meeting 09 -15 -2015 Page 70 of 163 GGHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -017 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: The Marana Police Department has a cadre of 85 sworn officers. Various assignments include patrol, directed action response, traffic enforcement, detectives, criminal investigations, and canine. The Marana Police Department also shares resources with the Pima Regional Special Weapons and Tactics Team, Explosive Ordnance Disposal, the Counter Narcotics Alliance, Arizona Vehicle Theft Task Force, and the Federal Drug Enforcement Administration. The Department also boasts seven Drug Recognition Experts (DRE), four DRE instructors, eight qualified phlebotomists, seven Horizontal Gaze Nystagmus (HGN) instructors, and 80% of all patrol officers certified in HGN. The Department works closely with the Southern Arizona DUI Taskforce in a concentrated and coordinated effort to reduce the number of impaired drivers on the roadways through enforcement and educational efforts. The Town of Marana was incorporated in 1977. Marana encompasses 122 square miles with an estimated population of just over 40,000. Recent improvements in the economy have increased residential and commercial building, attracting people and commerce to the town. The Town of Marana is bisected by 18.2 miles of Interstate 10 with a frontage road running parallel to the interstate on both sides. This I -10 corridor hosts seven traffic interchanges with 28 on/off ramps and 10 railroad crossings. Most of the railroad crossings are at grade and with the recent double tracking of the Union Pacific Railroad the Town has seen a dramatic increase in daily`train traffic. The Police Department serves 306 miles of arterial roadways, 190 miles of residential streets, and 37 miles of rural roads. Marana also hosts 22 signalized intersections and two signalized crosswalks. Marana also has multi -lane arterials that connect heavy residential and coiTunercial traffic to both Interstate 10 and State Road 77. In northern Marana frontage roads accommodate a high volume of traffic during key commute times and serve as alternate roadways for local drivers wishing to avoid the high speeds and congestion of Interstate 10. In the fall of 2015 the first large scale mall in Marana will open up just off the Twin Peaks interchange. Agency Problem: Marana is recovering from the recession at a good consistent rate. In 2014 there were 588 new single family residential permits issued out to new Marana residents. Current estimates are forecasting a population of about 50,000 residents by 2020. In the early fall of 2015 the first large scale mall will open along the Twin Peaks corridor and is expected to have over 90 new stores and restaurants. The first phase of the mall is basically the same size and scale as the Phoenix Premium Cutlets at Wild Horse Pass in Chandler and will add 15,000 daily trips to the surrounding roadway network. Build out is anticipated in 2019 and would generate 45,000 trips per day. As a result of the improving economy the Town will see a significant increase to the roadway traffic volumes and a correlating increase in the risk of non - injury, injury, and fatal collisions is anticipated. The Police Department also services five elementary school zones, and a high volume of traffic travelling to and from the high school. These areas are not only of obvious concern, but they yield a high number of traffic related complaints. Currently, there are only six traffic officers available to handle these school zones and other complaint areas. The Department saw a 300% increase in fatal collisions in 2013, and the number of fatal collisions remained the same for 2014. The PD has seen a steady increase in number of residents and new roadways in the Town. Unfortunately staffing levels have not kept up with the increase for service, therefore resulting in increased workloads that are reactionary in nature. This leaves very little time for officers to do proactive enforcement and education with the public. Staffing traffic enforcement deployments during regular work hours is extremely challenging and many times only feasible with overtime provided by critical grants. Marana Regular Council Meeting 09 -15 -2015 2 Page 71 of 163 GOHS HIGHWAY Marana Police De artment SAFETY CONTRACT 2016 -PT -017 Agency Attempts to Solve Problem: The Marana Police Department has very successfully utilized the previous GOHS Speed Grant funds to target enforcement deployments in critical areas and during significant events. The Department has worked closely with traffic engineers to conduct studies and seek engineering solutions to high complaint areas. The Department has attempted to gain voluntary compliance with speed limits with unmanned portable radar trailers, speed message boards, and police volunteers conducting speed awareness campaigns. MPD has also partnered with local high schools to educate statistically at risk young drivers of the importance of obeying traffic laws. Each year Marana officers' conduct four education sessions at Marana High School and four at the neighboring Mt. View High School. Students, who are new drivers or have only been driving for a short time, are instructed on the dangers of driving distracted, driving impaired, texting while driving, driving at high rates of speed and not wearing seatbelts. Starting in August of 2014 Marana PD has a permanent full time officer assigned to Marana High School as the School Resource Officer. This officer continues to educate the students on unsafe driving practices. The police department also offers a very similar training to Marana citizens at least twice a year during the Citizen's Police Academy. The dedicated traffic unit is tasked with numerous additional duties and patrol staffing is limited. The Department received three LIDAR units through grant funding with GOHS this past year. These LIDAR's have been a great resource for the department and as a result, they have trained numerous officers in the use of LIDAR. Three additional LIDAR units have been requested and would provide a tremendous benefit to the Town once they are deployed in the field. Agency Funding: Federal 402 funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance STEP Enforcement throughout. the Town of Marana. How Agency will Solve Problem with Funding: The Department will increase enforcement capabilities by implementing additional personnel services (overtime) and deploy approved capital outlay items for high visibility speed enforcement details. Details will focus on areas of chronic speeding, school zones and construction areas. The Department will respond to high complaint areas in a timely and aggressive planner to deter speeding violators and reduce collisions. with numerous roadway construction projects in the Town, neighborhoods with significant high speed cut through traffic will be heavily patrolled. The Department will develop comprehensive community traffic safety initiatives that employ collaborative efforts in the development and execution of strategic information and education campaigns. These initiatives will target those who engage in high risk behaviors. The Department will develop public information and education campaigns to raise awareness to Arizona's goals and objectives in reducing speed related collisions. These activities shall include print, radio, television, internet, social media as well as attending neighborhood meetings. The Department will provide a schedule of their high visibility traffic enforcement details to AZGOHS, local media outlets, and social media. Marana Regular Council Meeting 09 -15 -2015 3 Page 72 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2015 - PT -017 ....... ... GOALS /OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. Expenditures of funding pertaining to the PT /Selective Traffic Enforcement Program including Personnel Services and ERE, Materials & Supplies, Capital Equipment and/or Travel In and Out of State shall comply with the PT /Selective Traffic Enforcement Program. Coals provided by the Arizona Governor's Office of Highway Safety. The PT/Selective Traffic Enforcement Program Coal is to reduce the incidence of traffic fatalities and injuries resulting from speeding, aggressive driving, red light running and other forms of risky driving behavior through enforcement, education and public awareness throughout the State of Arizona. MEDIA RELEASE To prepare complete press release information for media (television, radio, print and on -line) during each campaign period including a main press release, schedule of events, departmental plans and relevant data. The material will emphasize the cam ai n's purpose, a22ressive enforcement and the high cost of S eedin in terms of money, criminal and human conse uences. The Marana Police Department will maintain responsibility for repo rtin sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task force enforcement statistics to DOHS on -line at the GOHS website no later than 10:00 a.m. the mornin followin2 each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President's Day, St. Patrick's Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year's details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports and/or Report of Costs Incurred (R.CIs) on time and correctly may delay reimbursement for expenditures to your agency. METHOD OF PROCEDURE: The Marana Police Department will make expenditures as follows to meet the outlined Program Coals /Objectives: Personnel Services W To support Overtime for STEP /Speed Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed contract. A copy of this press release shall be sent to the OOHS Director at the same time it is sent to the media. This press release shall include the objective and specify that the funding is from the Governor's Office of Highway Safety. PURSUIT POLICY: All law enforcement agencies receiving federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. Marana Regular Council Meeting 09 -15 -2015 4 Page 73 of 163 GOHS HIGHWAY M arana Police Department SAFETY CONTRACT 2016-PT-017 .. .... ............. . PROJECT EVALUATION: This project shall be administratively evaluated to ensure that the objectives have been net. Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each respective quarter. The information provided is used to review progress of the funded prof ect and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned project coordinator. It is critical that the report contains the following information: ➢ Original signatures on all Quarterly Reports and R.CIs Signatures must include Project Director unless prior authorization for another is on file with GOHS. Report Schedule . .. . . . .................................................. ..... .... ------------ Reporting Period .. .................... . ... ... Due Date 1 11 Quarterly Report (October 1 to December 31, 2015) January 30, 2016 2lid Quarterly Report (January 1 to March 31, 2016) April 30, 2016 3 `' Quarterly Report (April 1 to June 30, 2016) July 30, 2016 4t" Quarterly Report (July 1 to September 30, 2016) October 15, 2016 Final Statement of Accomplishment October 15, 2016 The Quarterly Report shall be completed on the form available on -line and submitted by mail to the Governor's Office of Highway Safety. N 07'E:IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON -LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishment The Project Director shall submit a Final Statement of Accomplislunent Report to the GOHS no later than thirty (30) days after the conclusion of each federal fiscal year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishment Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of federal funds or termination of the contract. Marana Regular Council Meeting 09 -15 -2015 5 Page 74 of 163 GOHS HIGHWAY Marana .Police Department SAFETY CONTRACT 2016 -YT -017 PROFESSIONAL AND TECHNICAL PERSONNEL: Terry Rozema, Chief, Marana Police Department, shall serve as Project Director. Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project Administrator. Shane Radford, Governors office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Project Director shall submit a Report of Costs Incurred (RCI) with supporting documentation attached, to the Governor's Office of .Highway Safety at a minimum on a quarterly basis in correlation with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation, to the Governor's office of Highway Safety. Electronically submitted RCIs will not be acre ted. Final RCIs will not be accepted after thirty (30) days after the conclusion of each federal fiscal year (September 30th). Expenditures submitted after the expiration date will not be reimbursed and the agency will accept fiscal responsibility. The R.CI template and instructions are available on the Governor's office of Highway Safety website at http:llwww.azgohs.gov /grant- opportunities/. Failure to meet the reporting requirements may be cause to terminate the project. PROJECT MONITORING: Highway safety grant project monitoring is used by DOHS project coordinators to track the progress of project objectives, performance measures and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring also serves as a management tool for: ➢ Detecting and preventing problems ➢ Helping to identify needed changes ➢ Identifying training or assistance needed ➢ Obtaining data necessary for planning and evaluation ➢ Identifying exemplary projects d Marana Regular Council Meeting 09 -15 -2015 Page 75 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -017 Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are: Ongoing contact with the contracted grantee through phone calls, e-- mails, correspondence, and meetings ➢ On-Site and/or In -House monitoring reviews of project operations, management, and financial records and systems Review of project Quarterly Reports Review and approval of Report of Costs Incurred (RCIs) Desk review of other documents in the project-grant files for timely submission and completeness Monitorin Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review /Phone Conference $50,000 and over In -House GOHS Review $100,000+ On-Site Review Desk. Review Internal Review of all written documentation related to contractual project including but not and Phone limited to contract, quarterly reports, enforcement data, financial data, e- mails, letters, notes, Conference press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted and the results. It serves as an informational review to determine progress of progranunatic /financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in -house meeting at GOHS. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. In- -House Documents performance review results including project activities, reimbursement claims Review review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including but not limited to contract, quarterly reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings or areas of improvement., concern or recognition will be provided to the grantee. On -Site Documents performance review results including project activities, reimbursement claims Monitoring review, equipment purchases, and other information. Reviews applicable information related to the project(s) including but not limited to contract, quarterly reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee's agency with monitoring form completed on -site by Project Coordinator. Any findings or areas of improvement, concern, or recognition, will be provided to the grantee. On -site and/or In-house monitoring for grantees of designated projects with large capital outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems might need on -site monitoring more than once during the fiscal year. Marana Regular Council Meeting 09 -15 -2015 7 Page 76 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 - PT -01 ....... ... .... ................ On-site and/or In-house monitoring includes a review and discussion of all issues related to assure the effective administration of the contracted project. The following are the most important items to review: Progress toward meeting goals /obj ectives and performance measures Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation ➢ Quarterly reports ➢ Status of expenditures related to the outlined budget ➢ Accounting records ➢ Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated project administrator will assure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's office of Highway Safety will retain all findings documented on the GoHS Monitoring Form in the grantee's respective federal file. Findings will be discussed with the grantee designated contract representative (project administrator, fiscal specialist) by phone and/or e -mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance with be placed on a performance plan as outlined by the project coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The Project Period shall commence on the date the GoHS Director signs the Highway Safety Contract and terminate on September 30 of that or subsequent year as indicated on the Highway Safety Contract. DURATION: Contracts shall be effective on the date the Governor's office of Highway Safety Director signs the contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Project Director will submit notification on the Agency's letterhead and hand- deliver or submit via regular mail to the Director of the Governor's office of Highway Safety a minimum of 90 days prior to the end of the project period. The Agency shall address all requests to modify the contract to the Director of the Governor's office of Highway Safety on Agency letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the contract.. Any unexpended funds remaining at the termination of the contract shall be released back to the Governor's office of Highway Safety. Marana Regular Council Meeting 09 -15 -2015 8 Page 77 of 163 .. ............... . . . ... .......... .. ..... GOBS HIGHWAY Marana Police Department SAFETY CONTRACT 20.16 -PT --017 ESTIMATED COSTS: I. Personnel Services (overtime) $30 II. Employee Related Expenses (ERE) $x,743.00 III. Professional and Outside Services $0.00 IV. Travel In -State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $0.00 VII. Capital outlay $0.00 TOTAL ESTIMATED COSTS *$40,000.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of 40 percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $40,000.00. Marana Regular Council Meeting 09 -15 -2015 9 Page 78 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016-PT-017 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY TOTAL DUI ARRESTS TOTAL MISDEMEANOR DUI ARRESTS TOTAL EXTREME DUI .15 ARRESTS TOTAL AGGRAVATED DUI ARRESTS TOTAL DUI DRUG ARRESTS TOTAL DRE EVALUATIONS SOBER DESIGNATED DRIVERS CONTACTED UNDERAGE ALCOHOL VIOLATIONS - TITLE 4 UNDERAGE DUI ARRESTS UNDERAGE DUI -DRUG ARRESTS TOTAL AGENCY CITATIONS SPEED CITATIONS RED LIGHT RUNNING CITATIONS SEAT BELT CITATIONS CHILD SAFETY SEAT CITATIONS Marana Regular Council Meeting 09 -15 -2015 10 Page 79 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -017 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor's office of Highway Safety (GOBS) hereinafter referred to as "STATE ", and the agency named in this Contract, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC § §401 -404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply With the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate With representatives of STATE monitoring the project, either on -site or by telephone, during the life of the Contract. B. AGENCY Will submit Quarterly Reports (one for each three -month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in witlnlnolding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report/ Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE Within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY'S Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for Which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under section XX herein, "Termination and Abandozunent" . Marana Regular Council Meeting 09 -15 -2015 11 Page 80 of 163 GQHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016- PT-017 ------------------ -- --- - - B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In -State and Out-of-State Travel In state and out -of -state travel claims will be reimbursed at rates provided by AGENCY'S regulations, provided that such regulations are as restrictive as those of STATE. where they are less restrictive, AIDS §38-624 will apply. The State must approve all out -of -state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Marana Regular Council Meeting 09 -15 -2015 12 Page 81 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -017 VII. Non - Assignment and Sub -- Contracts This Contract is not assignable nor may any portion of the work to be performed be sub - contracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non - consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty -free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyright.able material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event. AGENCY is allowed to obtain a copyright or patent. X. "Common Rule" and OMB Circular No. A -102 (Revised) "Common Rule" 49 CFR Part 18) Uniform Adin nistrative Requirements for Grants and Cooperative Agreements to State and Loeal Governnient.sT OMB Circular No. A -102 (Revised):.: Grants and Cooperative Agreennents with State and Local Governni.ents• The application of USDOT "Common Rule" and Circular A -102 requires that: AGENCY and sub -- grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS, §41 -2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. Marana Regular Council Meeting 09 -15 -2015 13 Page 82 of 163 Marana Police Department XI. Equal Opportunity DOHS HIGHWAY SAFETY CONTRACT 2016-PT-01.7 A. Pursuant to the requirements of the Federal -Aid Highway Act of 1968 (U.S.C. §103 et. seq.), AGENCY, as a condition to receiving approval of this Contract submitted under the Highway Safety Act of 1966, as amended, hereby gives its assurance that employment in connection with the subject Highway Safety Project will be provided without regard to race, color, creed, sex, or national origin, and that any contract it enters into with any private agency pursuant hereto will include provisions in compliance with this paragraph (XI). As a condition of receiving approval of this Contract, AGENCY will be subject to and will comply with Title VI of the Civil Rights Act of 1964 and all applicable requirements of the Department of Conunerce regulations as adopted by the USDOT, providing that no person in the United States shall on the ground of race, color, creed, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the subject Highway Safety Project. B. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE or the USDOT may take any or all of the following actions. 1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and 2. Refrain from extending any further Federal financial assistance to AGENCY under the Highway Safety Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from AGENCY. C. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non- discriminatory to handicapped persons. XII. Executive order 2009 -09 XIII. xIv. It is mutually agreed that AGENCY will comply with the terms and conditions of Executive order 2009 -09, Non- Discrinfination in Eny)loynient by Coi)ernni.cnt Contractom and Subcontractors. Executive Order 200909 is located in Part 11 of the Project Director's Manual. Application of Hatch Act AGENCY will notify all of its employees whose principal employment is in connection with any highway safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, as amended, of the provisions of the Hatch Act (5 U.S.C. §7321 et. seq.). Minority Business Enterprises (MBE) Policy and Obligation A. Polic : It is the policy of the USDOT that minority business enterprises as defined in 49 CFR, Past 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR, Part 23 apply to this Contract. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR., Part 23 have the subcontracts financed in. whole or in part with Federal funds Marana Regular Council Meeting 09 -15 -2015 14 Page 83 of 163 GOHS HIGI3WAY Marana Police Department SAFETY CONTRACT 2016 -PT -017 provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT- assigned contracts. XV. Arbitration Clause, ARS §12 -1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35 --214, all books, accounts, reports, files, and other records relating to this Contract will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor's Office of I- 3ighway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. lE-Verify Both Parties acknowledge that immigration laws require them to register and participate with the E- Verify program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this state. Both Parties warrant that they have registered with and participate with E-- Verify. If either Party later determines that the other non-- compliant Party has not complied with E- Verify, it will notify the non - compliant Party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. Marana Regular Council Meeting 09 -15 -2015 15 Page 84 of 163 GOHS HIGHWAY Marana Police De artment SAFETY CONTRACT 2016 -PT -017 B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty -four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. xxI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511 , the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or chief executive officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. Marana Regular Council Meeting 09 -15 -2015 16 Page 85 of 163 GOBS HIGHWAY Marana Police De artment SAFETY CONTRACT 2016 -PT -017 AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28 -602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Certification of Non - Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act: of 1 984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services Officer, Within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act In accordance with the Buy America. Act (49 U.S.C. 53230)): Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Marana Regular Council Meeting 09 -15 -2015 17 Page 86 of 163 OOHS HIGHW AY Marana Police Department SA.FFTY CONTRACT 2016 :PT - 117 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name :Lisa Shafer Title: Director., Community Develo ment & Neighborhood Services Telephone Number: 520 382 -1909 Fax Number: (520) 382- 1998 E -mail Address; Ishafei:@maranaaz.gov 2. Agency's Fiscal Contact: Nance: Eri Montague, CPA Title: Finance Director, Town of Marana Telephone Number 520 382- 1.900 Fax Number•(520 3 82- 190 E -mail Address: emonta ue maranaa2. ov Federal Identification Number: 86-0331755 3. REIMB URS`EMENT INFORMA TION. warrant /Check to be made payable to: Town of M arana warrant /Clxeck to be mailed to: Town of Marana (Agency) 11555 'Nest Civic Center Drive (Address) Marana AZ 85653 (City, State, Zip Code) v Marana Regular Council Meeting 09 -15 -2015 Page 87 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -017 Lobbying Restrictions Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her Knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an office 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form -LLL, "Disclosure Fore to Report Lobbying," in accordance with its instructions. C. The undersigned will require that the language of this certification be included in the award documents for all sub -- awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC § 1352. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature o f Praiect Director: Terry Rozema, Chief Marana Police Department Date Signature of'Autlzorized Offr'.cral of Governmental Unit: Gilbert Davidson, Town Manaager Town of Marana Telephone Date Telephone Marana Regular Council Meeting 09 -15 -2015 19 Page 88 of 163 9 9 9 GOHS HIGHWAY rMarana Police Department SAFETY CONTRACT 2016 -PT -017 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28 --602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402 - PT, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. Authorization to Proceed Date 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Governor's Office of Highway Safety Governor's Highway Safety Representative FEDERAL FUNDS: MU00.00 Approval Date 20 Marana Regular Council Meeting 09 -15 -2015 Page 89 of 163 GOVERNOR'S OFFICE OF HIGHWAY SAFETY HIGHWAY SAFETY CONTRACT STATE OF ARIZONA This page, the Project Directors Manual and attached hereto and incorporated herein by reference, constitute the entire contract between the parties hereto unless the Governor's Highway Safety Representative authorizes deviation in writing. CFDA 20.600 1. APPLICANT AGENCY DOHS CONTRACT NUMBER: Marana Police Department 201.6 -PT-064 ADDRESS PROGRAM AREA: 402 -PT 11555 W. Civic Center Dr., Marana, AZ 85653 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Marana Lisa Shafer ADDRESS 3. PROJECT TITLE: 11555 W. Civic Center Dr., Marana, AZ 85653 STEP Enforcement Related Equipment 4. GUIDELINES: 402 ----- Police Traffic (PT) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Capital Outlay: Three (3) Pro Laser IV Lidars to enhance STEP Enforcement throughout the Town of Marana. 6. BUDGET Project Period COST CATEGORY FFY 2016 I. Personnel Services $0.00 II. Employee Related Expenses $0.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $1.2 TOTAL ESTIMATED COSTS $12 FROM: Effective Date PROJECT PERIOD To: 09 -30 -2016 O ( Date qf DOHS Director Signatur CURRENT GRANT PERIOD FROM: 10 -01 -2015 TO: 09-30 -2016 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $12,113.00 A political subdivision or state agency that is mandated to provide a certified resolution or ordinance authorizing entry into this contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded contract. Marana Regular Council Meeting 09 -15 -2015 1 Page 90 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT-064 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: The M arana Police Department has a cadre of 85 sworn officers. Various assignments include patrol, directed action response, traffic enforcement, detectives, criminal investigations, and canine. The Marana Police Department also shares resources with the Pima Regional Special weapons and Tactics Team, Explosive Ordnance Disposal, the Counter Narcotics Alliance, Arizona Vehicle Theft Task Force, and the Federal Drug Enforcement Administration. The Department also boasts seven Drug Recognition Experts (DRE), four DRE instructors, eight qualified phlebotomists, seven Horizontal Gaze Nystagmus (HGN) instructors, and 80% of all patrol officers certified in HGN. The Department works closely with the Southern Arizona DUI Taskforce in a concentrated and coordinated effort to reduce the number of impaired drivers on the roadways through enforcement and educational efforts. The Town of Marana was incorporated in 1977. Marana encompasses 1.22 square miles with an estimated population of just over 40,000. Recent improvements in the economy have increased residential and commercial building, attracting people and commerce to the town. The Town of Marana is bisected by 18.2 miles of Interstate 10 with a frontage road running parallel to the interstate on both sides. This I--10 corridor hosts seven traffic interchanges with 28 on/off ramps and 10 railroad crossings. Most of the railroad crossings are at grade and with the recent double tracking of the Union Pacific Railroad the Town has seen a dramatic increase in daily train traffic. The Police Department serves 306 miles of arterial roadways, 190 miles of residential streets, and 37 miles of rural roads. Marana also hosts 22 signalized intersections and two signalized crosswalks. Marana also has multi --lane arterials that connect heavy residential and commercial traffic to both Interstate 10 and State Road 77. In northern Marana frontage roads accommodate a high volume of traffic during key conu7iute times and serve as alternate roadways for local drivers wishing to avoid the high speeds and congestion of Interstate 10. In the fall of 2015 the first large scale mall in Marana will open up just off the Twin Pears interchange. Agency Problem: Marana is recovering from the recession at a good consistent rate. In 2014 there were 588 new single family residential permits issued out to new Marana residents. Current estimates are forecasting a population of about. 50,000 residents by 2020. In the early fall of 2015 the first large scale mall will open along the Twin Peaks corridor and is expected to have over 90 new stores and restaurants. The first phase of the mall is basically the same size and scale as the Phoenix Premium outlets at wild Horse Pass in Chandler and will add 15,000 daily trips to the surrounding roadway network. Build out is anticipated in 2019 and would generate 45,000 trips per day. As a result of the improving economy the Town will see a significant increase to the roadway traffic volumes and a correlating increase in the risk of non - injury, injury, and fatal collisions is anticipated. The Police Department also services five elementary school zones, and a high volume of traffic travelling to and from the high school. These areas are not only of obvious concern, but they yield a high number of traffic related complaints. Currently, there are only six traffic officers available to handle these school zones and other complaint areas. The Department saw a 300% increase in fatal collisions in 2013, and the number of fatal collisions remained the same for 2014. The PD has seen a steady increase in number of residents and new roadways in the Town. Unfortunately staffing levels have not kept up with the increase for service, therefore resulting in increased workloads that are reactionary in nature. This leaves very little time for officers to do proactive enforcement and education with the public. Staffing traffic enforcement deployments during regular work hours is extremely challenging and many times only feasible with overtime provided by critical grants. Marana Regular Council Meeting 09 -15 -2015 2 Page 91 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -064 Agency Attempts to Solve Problem: The Marana Police Department has very successfully utilized the previous GoHS Speed Grant funds to target enforcement deployments in critical areas and during significant events. The Department has worked closely with traffic engineers to conduct studies and seek engineering solutions to high complaint areas. The Department has attempted to gain voluntary compliance with speed limits with unmanned portable radar trailers, speed message boards, and police volunteers conducting speed awareness campaigns. MPD has also partnered with local high schools to educate statistically at risk young drivers of the importance of obeying traffic laws. Each year Marana officers' conduce: four education sessions at Marana High School and four at the neighboring Mt. View High School. Students, who are new drivers or have only been driving for a short time, are instructed on the dangers of driving distracted, driving unpaired, texting while driving, driving at high rates of speed and not wearing seatbelts. Starting in August of 2014 Marana PD has a permanent full time officer assigned to Marana High School as the School Resource officer. This officer continues to educate the students on unsafe driving practices. The police department also offers a very similar training to Marana citizens at least twice a year during the Citizen's Police Academy. The dedicated traffic unit is tasked with numerous additional duties and patrol staffing is limited. The Department received three LIDAR units through grant funding with GoHS this past year. These LIDAR's have been a great resource for the department and as a result, they have trained numerous officers in the use of LIDAR. Three additional LIDAR units have been requested and would provide a tremendous benefit to the Town once they are deployed in the field. Agency Funding: Federal 402 funds will support Capital Outlay: Three (3) Pro Laser IV Lidars to enhance STEP Enforcement throughout the Town of Marana. How Agency Will Solve Problem With Funding: The Department will increase enforcement capabilities by implementing additional personnel services (overtime) and deploy approved capital outlay items for high visibility speed enforcement details. Details will focus on areas of chronic speeding, school zones and construction areas. The Department will respond to high complaint areas in a timely and aggressive manner to deter speeding violators and reduce collisions. With numerous roadway construction projects in the Town, neighborhoods with significant high speed cut through traffic will be heavily patrolled. The Department will develop comprehensive community traffic safety initiatives that employ collaborative efforts in the development and execution of strategic information and education campaigns. These initiatives will target those who engage in high risk behaviors. The Department will develop public information and education campaigns to raise awareness to Arizona's goals and objectives in reducing speed related collisions. These activities shall include print, radio, television, Internet, social media as well as attending neighborhood meetings. The Department will provide a schedule of their high visibility traffic enforcement details to AZGOHS, local media outlets, and social media. Conduct two RADAR/LIDAR training for enforcement personnel. Marana Regular Council Meeting 09 -15 -2015 3 Page 92 of 163 DOHS HIGHWAY M arana Police Department SAFETY CONTRACT 2016-PT-064 . ................. ....... . ------------------------------------- ....... .... . ...... .. . GOALS /OBJECTIVES: Federal 402 funds will support Capital Outlay: Three (3) Pro Laser IV Lidars to enhance STEP Enforcement throughout the 'Town of Marana. Expenditures of funding pertaining to the PT /Selective Traffic Enforcement Program including Personnel Services and ERE, Materials & Supplies, Capital Equipment and/or Travel In and out of State shall comply with the PT /Selective Traffic Enforcement Program Goals provided by the Arizona Governor's office of Highway Safety. The PT/Selective Traffic Enforcement Program Goal is to reduce the incidence of traffic fatalities and injuries resulting from speeding, aggressive driving, red light running and other forms of risky driving behavior through enforcement, education and public awareness throughout the State of Arizona. MEDIA RELEASE To prepare complete press release information for media (television, radio, print and online) during each campaign period including a main press release, schedule of events, departmental plans and relevant data. The material will emphasize the campaign's ur ose a ressi enforcement and the hi h cost of Speedin in terms of money criminal and human consequences. The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task force enforcement statistics to DOHS on-line at the DOHS website no later than 10:00 a.m. the mornin following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President's Day, St. Patrick's Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year's details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports and/or Report of Costs Incurred (RCIs) on time and correctly may delay reimbursement for expenditures to your agency. METHOD OF PROCEDURE: The Marana Police Department will make expenditures as follows to meet the outlined Program Goal slob] ectives : Capital Outlay - To purchase /procure the following Capital Outlay for STEP /Speed Enforcement Activities: Three (3) Pro Laser IV Lidars PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed contract. A copy of this press release shall be sent to the GOHS Director at the same time it is sent to the media. This press release shall include the objective and specify that the funding is from the Governor's Office of Highway Safety. PURSUIT POLICY: All law enforcement agencies receiving federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. Marana Regular Council Meeting 09 -15 -2015 4 Page 93 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016-PT-064 EQUIPMENT: Three (3) Pro Laser IV Lidars Agencies receiving funding for Capital Outlay (major equipment) such as DUI Processing Vans, marked and unmarked enforcement sedans and marked enforcement motorcycles shall schedule a press conference that includes the Director of the Governor's office of Highway Safety. The purpose of this press conference will be to present the equipment to the community. The Marana Police Department shall immediately notify GOHS if any equipment purchased under this contract ceases to be used in the manner described in this contract. In such event, the Marana Police Department further agrees to dispose of this equipment using the Marana Police Department's, city, town or county ordinance, code or rule regarding disposal of equipment. In the absence of an ordinance, code or rule regarding the disposal of the property, the Marana Police Department can refer to that of the state. The Marana Police Department shall maintain or cause to be maintained for its useful life, any equipment purchased under this contract. The Marana Police Department shall incorporate any equipment purchased under this Contract into its inventory records. The Marana Police Department shall insure any equipment purchased under this Contract for the duration of its useful life. Self- insurance meets this requirement. Administrative and Maintenance Costs: The Marana Police Department shall be responsible for all administrative, maintenance, operational costs and the costs of any damage relating to the Three (3) Pro Laser IV Lidars. Decals: The Governor's Office of Highway Safety shall provide the Marana Police Department with decals depicting the Governor's Office of Highway Safety logo. These decals shall be affixed to the equipment before being placed in service. Equipment Purchase: The equipment purchased under this contract shall be ordered, received, training completed, and placed in service prior to the end of the project period. If the Agency cannot meet this requirement, the Agency must submit a letter of explanation signed by the Project Director on the Agency's letterhead via mail or hand delivered to the Director of the Governor's Office of Highway Safety within sixty (60) days before the end of the project period. The application of USDOT "Conunon Rule" and Circular A -102 requires that: Grantees and sub grantees will use their own procurement procedures, which reflect applicable state and local laws and regulations, provided that the procurement procedures conforim to applicable federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State Procurement process. Marana Regular Council Meeting 09 -15 -2015 5 Page 94 of 163 DOHS HIGHWAY EMa:ra:n:aP:o1ice De artment SAFETY CONTRACT 2016 -PT-064 Original Purpose of Equipment: Pursuant to 23 CFR § 1200.2 1, all equipment purchased under this contract is to be used for the original purpose intended under this contract. All equipment shall be used fog the originally authorized grant purposes for as long as needed for those purposes and neither the State nor the Agency (sub - grantees) or contractors shall encumber the title or interest: while such need exists. The Governor's Office of Highway Safety may reserve the right to transfer title to equipment acquired under this the Section 402 program to the Federal Government or to a third party when such third party is otherwise eligible under existing statutes. Furthermore, 49 CFR § 18.32.c.1 states that equipment (acquired under this grant) shall be used by the grantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. Insurance: It is agreed that the Marana Police Department shall adequately insure all capital equipment purchased under this contract for repair or replacement. SPECIFIC REQUIREMENTS: SPEED DETECTION EQUIPMENT — Requirements for Speed Detection Devices: The Marana Police Department will be responsible for providing all personnel the appropriate training for using the speed detection devices purchased under this contract implementing a National Highway Traffic Safety Administration (NHTSA) approved training course. The Marana Police Department will maintain written documentation (copy of the training certificates) which will be available for review by GOBS. EQUIPMENT -- Requirements for Equipment: The Marana Police Department shall include a high quality color photograph of all Equipment purchased under this contract. The Marana Police Department shall complete the attached Capital Outlay E ui ment form for all individual equipment purchases of $5,000.00 or more. The form is to be attached and submitted with the next quarterly report subsequent to the delivery of the equipment. METHOD OF PROCUREMENT: The application of USDOT "Common Rule" and Circular A -102 requires that: Grantees and sub grantees will use their own procurement procedures which reflect applicable state and local laws and regulations, provided that the procurement procedures conform to applicable federal laws and Marana Regular Council Meeting 09 -15 -2015 u Page 95 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -064 standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State Procurement process. A clear audit trail must be established to determine costs charged against this contract. Substantiation of costs shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Project Director shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open state contract award. Documents submitted to substantiate purchase using an open state contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure that the objectives have been net. Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each respective quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned project coordinator. It is critical that the report contains the following information: Original signatures on all Quarterly Reports and RCIs • Signatures must include Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date V Quarterly Report (October 1 to December 31, 2015) January 30, 2016 2nd Quarterly Report (January 1 to March 31, 2016) April 30, 2016 3r Quarterly Report (April 1 to June 30, 2016) July 30, 2016 4' Quarterly Report (July 1 to September 30, 2016) October 15, 2016 Final Statement of Accomplishment October 15, 2016 The Quarterly Report shall be completed on the form available on-line and submitted by mail to the Governor's Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GoHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT, Marana Regular Council Meeting 09 -15 -2015 Page 96 of 163 GOHS HIGHWAY Marana Police Department SAFETY CON TRACT 2016-PT-064 4 Final Statement of Accomplishment The Project Director shall submit a Final Statement of Accomplishment Report to the GOHS no later than thirty (30) days after the conclusion of each federal fiscal year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishment Report. Note: Failure to comply with the outlined DOHS reporting requirements may result in withholding of federal funds or termination of the contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Terry Rozema, Chief, Marana Police Department, shall serve as Project Director. Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project Administrator. Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Project Director shall submit a Report of Costs Incurred (RCI) with supporting documentation attached, to the Governor's Office of Highway Safety at a minimum on a quarterly basis in correlation with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. R.0 l s shall be typed and delivered via mail or hand delivered with appropriate supporting documentation, to the Governor's Office of Highway Safety. Electronicalll submitted RCIs will not be acce ted. Final RCIs will not be accepted after thirty (30) days after the conclusion of each federal fiscal year (September 30th). Expenditures submitted after the expiration date will not be reimbursed and the agency will accept fiscal responsibility. The RCI template and instructions are available on the Governor's Office of Highway Safety website at http : / /www.azgohs.gov /grant - opportunities /. Failure to meet the reporting requirements may be cause to terminate the project. PROJECT MONITORING: Highway safety grant project monitoring is used by GGH S project coordinators to track the progress of project objectives, performance measures and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. 8 Marana Regular Council Meeting 09 -15 -2015 Page 97 of 163 DOHS HIGHWAY M arana Police Department SAFETY CONTRACT 2016 -PT-064 Project monitoring also serves as a management tool for: Detecting and preventing problems y Helping to identify needed changes Identifying training or assistance needed Obtaining data necessary for planning and evaluation Identifying exemplary projects Types of Monitorin Monitoring is formal and informal, financial and operational. The most common types of monitoring are: Ongoing contact with the contracted grantee through phone calls, e- mails, correspondence, and meetings ➢ on -Site and/or In -House monitoring reviews of project operations, management, and financial records and systems ➢ Review of project Quarterly Reports Review and approval. of Report of Costs Incurred (RCIs) Desk review of other documents in the project -grant files for timely submission and completeness Monitorin Schedule Total Awarded Amount: Type of Monitorin Under $50,000 Desk Review /Phone Conference $50,000 and over In -House GoHS Review $1 00 on -Site Review Desk Review Internal Review of all written documentation related to contractual project including but not and Phone limited to contract, quarterly reports, enforcement data, financial data, e-- mails, letters, notes, Conference press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted and the results. It serves as an informational review to determine progress of progranuiiatic /financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GoHS reserves the right to bring the grantee in for an in -house meeting at GoHS. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. In -House Documents performance review results including project activities, reimbursement claims Review review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including but not limited to contract, quarterly reports, enforcement data, financial data, e-- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GoHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. On-Site Documents performance review results including project activities, reimbursement claims Monitoring review, equipment purchases, and other information. Reviews applicable information related to the project(s) including but not limited to contract, quarterly reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on --site at the grantee's agency with monitoring form Marana Regular Council Meeting 09 -15 -2015 9 Page 98 of 163 GOHS HIGHWAY Marana Police De artment SAFETY CONTRACT 2016 -PT -064 completed on -site by Project Coordinator. Any findings or areas of improvement, concern, or recognition, will be provided to the grantee. On-site and/or In -house monitoring for grantees of designated projects with large capital outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems might need on-site monitoring more than once during the fiscal year. On-site and /or In-house monitoring includes a review and discussion of all issues related to assure the effective administration of the contracted project. The following are the most important items to review: ➢ Progress toward meeting goals /objectives and performance measures Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation Quarterly reports Status of expenditures related to the outlined budget Accounting records ➢ Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated project administrator will assure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the grantee's respective federal file. Findings will be discussed with the grantee designated contract: representative (project administrator, fiscal specialist) by phone and /or e -mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance with be placed on a performance plan as outlined by the project coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The Project Period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30 of that or subsequent year as indicated on the Highway Safety Contract. Marana Regular Council Meeting 09 -15 -2015 10 Page 99 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT-064 DITR ATION! Contracts shall be effective on the date the Governor's Office of Highway Safety Director signs the contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Project Director will submit notification on the Agency's letterhead and hand - deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of 90 days prior to the end of the project period. The Agency shall address all requests to modify the contract to the Director of the Governor's Office of Highway Safety on Agency letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the contract. Any unexpended funds remaining at the termination of the contract shall be released back to the Governor's Office of I--Iighway Safety. Marana Regular Council Meeting 09 -15 -2015 11 Page 100 of 163 GOHS HIGI3WAY Marana Police Department SAFETY CCINTRAACT 2016 -PT -064 ESTIMATED COSTS: I. Personnel Services (overtime) $0.00 II. Employee Related Expenses (ERE) $0.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies $4.00 VII. Capital Outlay $12 Three (3) Pro Laser IV Lidars TOTAL ESTIMATED COSTS *$12 *Includes all applicable training, tax, freight, and advertising costs. The DOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of 40 percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $12,113.00. Marana Regular Council Meeting 09 -15 -2015 12 Page 101 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016- PT -064 Arizona Governor's Office of Highway Safety Capital Outlay (Equipment) Record Equipment $5,000.00 or more Equipment Description Make /Model Serial Number Date Date Cost Per Ordered Received Unit Note: Photographs of all Capital Outlay (Equipment) must be submitted with form Marana Regular Council Meeting 09 -15 -2015 13 Page 102 of 163 DOHS HIGHWAY Marana Police Ike artment SAFETY CONTRACT 2016-PT-064 . .. ...................... .. . . .. CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor's Office of Highway Safety (DOHS) hereinafter referred to as "STATE ", and the agency named in this Contract, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN' CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on -site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three -month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report /Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY'S Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under section XX herein, "Termination and Abandonment" . Marana Regular Council Meeting 09 -15 -2015 14 Page 103 of 163 DOHS HIGHWAY Marana Police Department SAFET CONTRACT III. IV. V. VI. 2016 -PT -064 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self-insurance meets the requirements of this section. Travel In -State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY'S regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Marana Regular Council Meeting 09 -15 -2015 15 Page 104 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -064 . .. . VI1. Non - Assignment and Sub - Contracts This Contract is not assignable nor may any portion of the work to be performed be sub - contracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non- consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty -free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terxns and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. "Common Rule" and OMB Circular No. A -lot (Revised) "Common Rule" 49 CFR Part 18) Un ft)rni Adniinistrath) .Requireni. nts for Grants and Cooperatil)e Agrreenients to State and Local Goi)crnnients OMB Circular No. A-102 Revised : Grants and Cooperath)e AgreeMents with State and Local Goi)crrnm nts The application of USDOT "Common Rule" and Circular A -102 requires that: AGENCY and sub - grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS, §41 -2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. Marana Regular Council Meeting 09 -15 -2015 16 Page 105 of 163 GOHS HIGHWAY LMar . ana Police Department SAFETY CONTRACT 2016 -PT -064 X1. Equal Opportunity A. Pursuant to the requirements of the Federal --Aid Highway Act of 1968 (U.S.C. §103 et. seq.), AGENCY, as a condition to receiving approval of this Contract submitted under the Highway Safety Act of 1966, as amended, hereby gives its assurance that employment in connection with the subject Highway Safety Project will be provided without regard to race, color, creed, sex, or national origin, and that any contract it enters into with any private agency pursuant hereto will include provisions in compliance with this paragraph (X1 ). As a condition of receiving approval of this Contract, AGENCY will be subject to and will comply with Title V1 of the Civil Rights Act of 1964 and all applicable requirements of the Department of Commerce regulations as adopted by the USDOT, providing that no person in the United States shall on the ground of race, color, creed, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the subject Highway Safety Project. B. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE or the USDOT may take any or all of the following actions. 1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and 2. Refrain from extending any further Federal financial assistance to AGENCY under the Highway Safety Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from AGENCY. C. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non- discriminatory to handicapped persons. X11. Executive Order 2009 -09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009 -09, Non- Diser^iniination in Enyploynxcnt by Gov rntnent Contractors and Subcontractory. Executive Order 2009.09 is located in Part 11 of the Project Director's Manual. XIII. Application of Hatch Act AGENCY will notify all of its employees whose principal employment is in connection with any highway safety project, financed in whole or in part by loans or grants under the Highway Safety Act of 1966, as amended, of the provisions of the Hatch Act (5 U.S.C. §7321 et. seq.). XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR, Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR., Part 23 apply to this Contract. B. Obl44at on: The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR., Part 23 have the subcontracts financed in whole or in part with Federal funds Marana Regular Council Meeting 09 -15 -2015 17 Page 106 of 163 DOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016 -PT -064 provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maxiirnurn opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOTµ assigned contracts. XV. Arbitration Clause, ARS §12 -1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35 -214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor's Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E- Verify Both Parties acknowledge that immigration laws require them to register and participate with the E- Verify program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this state. Both Parties warrant that they have registered with and participate with ETVerify. If either Party later determines that the other non - compliant Party has not complied with E- Verify, it will notify the non compliant Party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. Marana Regular Council Meeting 09 -15 -2015 18 Page 107 of 163 DOHS HIGHWAY Marana Police De artment SAFETY CONTRACT 2016 -PT -064 B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty -four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. C. The appraisal value of work performed by AGENCY to the date of such termination or abandon.ment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or conunodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. xXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511,the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject natter or the Contract. The cancellation shall be effective when written notice from the Governor or chief executive officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. Marana Regular Council Meeting 09 -15 -2015 19 Page 108 of 163 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2016-PT-064 AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Certification of Non - Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to DOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act In accordance with the Buy America Act (49 U.S.C. 53230) }: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. Marana Regular Council Meeting 09 -15 -2015 20 Page 109 of 163 GOHS HIGHWAY Marana Police De eartinent SAFETY CONTRACT 2016-PT-064 REIMBURSEMENT INSTRUCTIONS 1. Agency official preparing the Report of Costs Incurred: Name: Lisa Shafer Title: Director Communit Develo meat &Nei hborhood Services Telephone Number: 520 3 82 -1909 Fax Number: 524 )3 E-mail Address: lshafer inaranaaz. ov 2. .A►gwicy's Fiscal Contact: Name: Erik Montague Title: Fina ~ Dir ector., T own of Marana Telephone N umber: 520 382-19 _ _ Fax Number: (520) 382-1902 E-mail Address: emonta ue maranaaz. ov Federal Identification Number: 86-0331755 3. RE-f IMB URS EMENT rNr-f OR MA TION. warrant /Check to be inade payable to: Town of Ma rana Warrant/Cheek to be niazled to: Town of Marana (Agency) 115 5 5 west C ivi c Center Drive (Address) Marana A 85653 5 (City, State, Lip Code) 21 Marana Regular Council Meeting 09 -15 -2015 Page 110 of 163 GOBS HIGI3WAY Marana Police Department SAFETY CONTRACT 2016-PT-064 Lobbying Restrictions Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned will require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under - grants, loans, and cooperative agreements) and that all sub - recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Terry Rozema, Chief Marana Police Department Date S' nature of'Authorized Of ficial of Governmental Unit: Gilbert Davidson, Town Manaager Town of Marana Telephone Date Telephone Marana Regular Council Meeting 09 -15 -2015 22 Page 111 of 163 DOHS HIGHWAY Nlarana Police Department SAFETY CONTRACT 2016 -PT -064 ........... . AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402- PT, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. Authorization to Proceed Data 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Governor's Office of Highway Safety Governor's Highway Safety Representative FEDERAL FUNDS: $124 Approval Date Marana Regular Council Meeting 09 -15 -2015 23 Page 112 of 163 MARANA 115 5 5 W. CI C CENTER DRI NIA NA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: September 15, 2015 Strategic Plan Focus Area: Not Applicable Item C6 Subject: Resolution No. 2015 -102: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of improvements for Tangerine Road —Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive (Frank Cassidy) Discussion: This item is the next step in the construction of the Tangerine Road corridor improvements identified in the Regional Transportation Plan approved by Pima County voters on May 6, 2006. If approved, this resolution will approve and authorize the signing of an IGA with the RTA for the actual construction of the first segment of new four -lane Tangerine Road, from Dove Mountain and Twin Peaks on the west to La Canada Drive on the east. Previous agreements with the RTA have authorized the Town to prepare a design concept report (Resolutions 2009 -101 and 2010 -42) and to undertake the final construction design and initial right -of -way acquisition for this segment of Tangerine Road (Resolution 2013 -042). Town staff anticipates at least one more IGA with the RTA for construction of this first segment of Tangerine Road. The RTA Board has not yet authorized the $2.6M in wildlife linkages funding anticipated for this project. When it does, an amendment to this IGA is anticipated to be forwarded to Council. This is expected to occur sometime in the next two months. To avoid delays in right -of -way acquisition and utility relocation in anticipation of full construction, Town staff opted to proceed now with this IGA. Financial Impact: Fiscal Year: 2016 -2019 Budgeted Y /N: Y Marana Regular Council Meeting 09 -15 -2015 Page 113 of 163 Amount: $51,299,050 The overall cost of the project is included in the recently adopted five year Capital Improvement Plan at $51,299,050. The cost includes funding contributions from other participating jurisdictions as outlined in the approved RTA plan. The Town's obligation for this project is $10,000,000 which has been incorporated in the five year Capital Improvement Plan with $1,628,020 and $8,371,080 budgeted in FY2016 and FY2017, respectively. Staff Recommendation: Town staff recommends adoption of Resolution 2015 -102, approving and authorizing the Mayor to sign the IGA between the RTA and the Town of Marana for construction of improvements for Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive. Suggested Motion: I move to adopt Resolution 2015 -102, approving and authorizing the Mayor to sign the IGA between the RTA and the Town of Marana for construction of improvements for Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive. Attachments: Resolution 2015 -102 Exhibit A to Reso RTA IGA Exhibit A to RTA IGA Marana Regular Council Meeting 09 -15 -2015 Page 114 of 163 MARANA RESOLUTION NO. 2015-102 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR CONSTRUCTION OF IMPROVEMENTS FOR TANGERINE ROAD DOVE MOUNTAIN N BOULEVARD /TWIN PEAKS ROAD TO LA CANADA DRIVE WHEREAS A.R.S. § 48 5301, et seq., authorizes the Regional Transportation Authority (RTA) to act as a regional taxing authority for the purpose of funding multi -modal transportation operations and improvements identified in the Regional Transportation Plan approved on May 6, 2006; and WHEREAS the RTA is authorized by A.R.S. § 48 -5304 (16) and § 48 -5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Regional Transportation Plan; and WHEREAS the Town Council adopted Marana Resolution Nos. 2009 -101, 2010 -42, and 2012 -10, approving and amending an intergovernmental agreement with the RTA to facilitate and pay for a design concept report for the Tangerine Road corridor from La Canada Drive to Interstate 10; and WHEREAS the first phase of Tangerine Road construction to be implemented as anticipated by the design concept report is the section from Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive; and WHEREAS the Town Council adopted Marana Resolution No. 2013 -042, approving an intergovernmental agreement with the RTA for construction design and right -of -way acquisition for the first phase of Tangerine Road construction from Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution to facilitate the construction of roadway improvements for Tangerine Road from Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and the RTA for construction of improvements to Tangerine Road from Dove Mountain Boulevard/ Twin Peaks Road to La Canada Drive attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. 00043132.DOCX /1 Marana Resolution No. 2015 -102 - 1 - 9/4/2015 4:54 PM Marana Regular Council Meeting 09 -15 -2015 Page 115 of 163 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15 day of September, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00043132.DOCX /1 Marana Resolution No. 2015 -102 Marana Regular Council Meeting 09 -15 -2015 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 9/4/2015 4:54 PM Page 116 of 163 INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR CONSTRUCTION OF IMPROVEMENTS TO TANGERINE ROAD — DOVE MOUNTAIN BOULEVARD/ TWIN PEAKS ROAD TO LA CANADA DRIVE This Agreement (this "Agreement ") is entered into by and between the REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY (the "Authority" or the "RTA "), an Arizona special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the TOWN OF MARANA (the "Town of Marana" or the "Lead Agency "), an Arizona municipal corporation. The Authority and the Lead Agency are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. A.R.S.§ 48 -5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi -modal transportation operations and improvements identified in the Regional Transportation Plan (the "Plan ") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48 -5303. C. Pursuant to A.R.S. § 48 -5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48 -5304 (13), the governing board of the Authority coordinates the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48 -5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48 -5304 (16) and 48 -5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency is authorized by A.R.S. § 9- 240(B)(3) to design, maintain, control and manage public roads within the Lead Agency's jurisdictional boundaries. H. The Lead Agency and the Authority entered into an intergovernmental agreement (IGA), recorded with its authorizing resolutions in the Pima County Recorder's office on June 6, 2013, at Sequence 20131570430 (the "RTA Tangerine Design/ROW IGA ") to facilitate the preparation of construction design drawings and the acquisition of right -of -way needed for the construction of improvements to Tangerine Road — Twin Peaks Road to La Canada Drive (the "Project "). 00042842.DOCX /4 - 1 - 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 117 of 163 I. It is the policy of the Authority to require that a lead agency be identified and an IGA be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. J. The Town of Marana has been identified as the Lead Agency for the Project responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project. K. The Lead Agency, Pima County, and the Town of Oro Valley entered into an IGA for the design and construction of the Project, recorded in the Pima County Recorder's office on August 15, 2013, at Sequence 20132270883 (the "Local Governments Tangerine IGA "), to coordinate and facilitate the design and construction of the Project and empowering the Lead Agency to undertake roadway and other improvements outside the Lead Agency's jurisdictional boundaries. L. The Local Governments Tangerine IGA was modified by the execution of "Amendment Number 1" dated June 3, 2014 (Pima County Contract No. CT- TR- 140000000000000000016 Amendment No. 01), which was not recorded, but simply modified paragraph 9 (Contractor Selection) to allow a contractor for the Project to be selected "using a process that is authorized by Arizona Revised Statutes Title 34." M. In accordance with the selection process set forth in the Local Governments Tangerine IGA as modified by Amendment Number 1, the Lead Agency has entered into a contract for preconstruction services with a contractor (the "Project Contractor ") procured as construction manager at risk to construct the Project, subject to the negotiation of a satisfactory guaranteed maximum price (GMP) pursuant to A.R.S. § 34 -603. N. The Lead Agency and the Authority wish to cooperate in the construction of the Project. O. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. P. The Authority intends to fund the Project under the terms and conditions contained in this Agreement, and the Authority has entered into this Agreement for that purpose. Q. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -952, et seq. R. Wildlife linkages funding has not yet been approved for the Project by the RTA, but the Parties desire to process this Agreement now so that the Project may proceed with the remaining funding, and to address the wildlife linkages funding in a possible future amendment to this Agreement. AGREEMENT Now, THEREFORE, the Town of Marana and the Authority, pursuant to the above and in consideration of the matters and things set forth in this Agreement, do mutually agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the Parties. 2. Project. Except as provided in paragraph 6 below ( "Wildlife linkages funding "), the Project consists of the reconstruction and widening of Tangerine Road from Twin Peaks Road to La Canada Drive, as more fully described in the attached Exhibit A, including the following: 2.1. Detailed Project scope and schedule. 00042842.DOCX /4 -2- 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 118 of 163 2.2. Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to the Project. 2.3. Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. 2.4. Designation of Project phases, if applicable, and any additional related agreements. 2.5. Estimated construction start date and duration of construction. 2.6. Projected timeline. 2.7. Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. 4.1. The Lead Agency shall be responsible for the design, construction and /or installation of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Manual on Uniform Traffic Control Devices, the Pima County /City of Tucson Standard Specifications for Public Improvements, the PAG Standard Specifications for Roadways and Public Improvements, the Pima County Roadway Design Manual, the Pima County Department of Transportation/City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. 4.2. If consultants or contractors are employed to perform any portion of the Project, the Lead Agency shall be responsible for any professional services or other contracts associated with the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating by 10% or more from the Authority's budget amount for the Project must be approved by the Authority in advance of those changes being made, regardless of whether or not the Authority will be paying for them. 4.3. The Lead Agency shall be responsible for all traffic management, including public notification, during construction of the Project. 00042842.DOCX /4 -3- 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 119 of 163 4.4. The Lead Agency shall operate and maintain the improvements during construction of the Project. After completion of the Project, the ownership of the improvements shall automatically vest as described in paragraph 10 below. 4.5. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. Nothing in this paragraph shall relieve third parties (including Pima County, Oro Valley, and private landowners) of their obligation to reimburse the Lead Agency in accordance with separate supplementary IGAs and public improvement participation agreements relating to the Project. 4.6. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. 4.7. The Lead Agency will be responsible for assuming all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. 4.8. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee with respect to insurance policies for general liability, automobile liability and defects in design in all of the Lead Agency's contracts for or related to the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. 4.9. Monthly, the Lead Agency shall be responsible for preparing and submitting to the Authority reimbursement requests (invoices) signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to consultants, contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five years after final payment is made unless otherwise specified in this Agreement. 4.10. The Lead Agency shall be responsible for submitting to the RTA monthly status reports describing its progress and adherence to the Project scope, schedule and budget. 4.11. The Lead Agency shall adhere to the RTA Administrative Code, including the requirements for a Project Charter (where applicable), a Project Closeout Meeting (Roadway Element Projects) and reimbursement limits. 5. Responsibilities of Authority. 5.1. Upon receipt of reimbursement requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise specified in this Agreement. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified in this Agreement. 00042842.DOCX /4 -4- 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 120 of 163 5.2. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in Exhibit A (as it may be amended by mutual agreement of the Parties). 5.3. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead Agency will be notified of the request for additional information within five business days of the RTA's receipt of the invoice. 5.4. Upon the RTA's approval of the payment request, the invoice will be processed for payment within ten working days of the invoice submittal. 5.5. The RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Wildlife linkages funding. As of the date of this Agreement, the RTA has not authorized the use of wildlife linkages funding for this Project (see Exhibit A under the first line of item "13. Project Budget by Funding Source, this exhibit "). Wildlife linkages funding shall not be available for this Proj ect unless and until it is authorized pursuant to a duly adopted amendment to this Agreement. If the RTA does not make wildlife linkages funding available for this Project, the Lead Agency is authorized to modify the Project (at the Lead Agency's cost) to eliminate features anticipated to be funded with the wildlife linkages funding. 7. Termination. Either Party may terminate this Agreement for material breach of this Agreement by the other Party. Prior to any termination under this paragraph, the Party allegedly in default shall be given written notice by the other Party of the nature of the alleged default. The Party said to be in default shall have 45 days to cure the default. If the default is not cured within that time, the other Party may terminate this Agreement. Any such termination shall not relieve either Party from liabilities or costs already incurred under this Agreement. 8. Non - assignment. Neither Party shall assign its rights under this Agreement to any other person or entity without written permission from the other Party. 9. Construction of this Agreement. 9.1. Entire agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged in this Agreement. 9.2. Exhibits. Any exhibits to this Agreement are incorporated in this Agreement by this reference. 9.3. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both Parties. 9.4. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the Recitals section of this Agreement. 00042842.DOCX /4 -5- 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 121 of 163 9.5. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 9.6. Severability. A declaration by statute or judicial decision that any provision of this Agreement is invalid or void shall have no effect on other provisions that can be given effect without the invalid or void provision, and to this extent the provisions of this Agreement are severable. If any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly in an attempt to reach an agreement on a substitute provision. 9.7. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. 10. Ownership of Improvements. Upon completion of the Project, ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest as follows: 10.1. As provided in paragraph 4.5 of the Local Governments Tangerine IGA, all roadway improvements, equipment, and appurtenances located within Oro Valley's jurisdictional boundaries after construction of the Project is completed, and all Oro Valley water improvements and infrastructure, shall automatically vest in the Town of Oro Valley. 10.2. As provided in paragraph 5.5 of the Local Governments Tangerine IGA, all roadway improvements, equipment, and appurtenances located in unincorporated Pima County after construction of the Proj ect is completed, and all Pima County wastewater infrastructure, shall automatically vest in Pima County. 10.3. All other materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Town of Marana. 11. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 12. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer - employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 13. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either Party by imposing any standard of care different from the standard of care imposed by law. 14. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. 14.1. Anti - Discrimination. The provisions of A.R.S. § 41 -1463 and Executive Order 75 -5 as amended by Executive Order 2009 -09 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. 00042842.DOCX /4 -6- 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 122 of 163 14.2. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 14.3. Workers' Compensation. An employee of either Party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23 -1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each Party shall post a notice pursuant to the provisions of A.R.S. § 23- 1022(E) in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 15. Waiver. Waiver by either Party of any breach of any term, covenant or condition of this Agreement shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition of this Agreement. 16. Force Maj eure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 17. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: To the Authority: To the Lead Agency: Mr. Farhad Moghimi, Executive Director Keith Brann, Town Engineer PIMA ASSOCIATION OF GOVERNMENTS TOWN OF MARANA One East Broadway, Suite 401 11555 West Civic Center Drive Tucson, Arizona 85701 Marana, Arizona 85653 18. Remedies. Either Party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and 00042842.DOCX /4 -7- 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 123 of 163 each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 19. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed and attached to a single instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last signature date below. REGIONAL TRANSPORTATION AUTHORITY TOWN OF MARANA OF PIMA COUNTY Board Chair Date: Ed Honea, Mayor Date: ATTEST: Town Clerk The foregoing Agreement between the Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Farhad Moghimi, Executive Director Keith Brann, Town Engineer INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing intergovernmental agreement between the REGIONAL TRANSPORTATION AUTHORITY of PIMA COUNTY and the Towr1 of MARANA has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement represented by the undersigned. REGIONAL TRANSPORTATION AUTHORITY TOWN OF MARANA: OF PIMA COUNTY: Thomas B enavidez Attorney for the Authority Frank Cassidy Town Attorney Date: Date: 00042842.DOCX /4 -8- 9/4/2015 1:53 PM Marana Regular Council Meeting 09 -15 -2015 Page 124 of 163 Regional Transportation Authority of Pima County Date: Exhibit: A Item: , 1 � RTA Resolution: 2015 -014 1. TIP Project Number: 86.06 RTA Ballot: 01 RTA Project ID: 01 2. Sponsor: Marana 3. RTA Plan Element: I Roadway 4. RTA Plan Sub - Element (If Applicable): S. Project Name: Tangerine Rd: 1 -10 to La Canada Dr 6. Work Phase(s) Covered by the Exhibit: Planning /Design: $ - Right of Way: $ 8 Construction: $ 19,415,000 Operations: $ - Total: $ 27,915,000 7. Project Manager Information (person responsible for Status Reports): Name: Mailing Address City, ST Zipcode Telephone Number: Email Address Tom Houle 11555 W Civic Center Dr. Marana F I AZ 85653 520- 382 -2600 thou le @MARANAAZ.GOV 8. Authorized Representative(s) (will sign & submit pay requests): Name: Mailing Address City, ST Zipcode Telephone Number: Email Address: Name: Mailing Address City, ST Zipcode Telephone Number: Email Address: 9. Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project will address problematic areas): 10. Total maximum amount of Authority funding allowed for the Project or Project Tom Houle 11555 W Civic Center Dr. Marana I AZ 85653 520- 382 -2600 thou le @MARANAAZ.GOV Widen to 4 lane divided desert parkway, bike lanes, sidewalk and path, turn lanes, and drainage. Phase I Dove Mountain /Twin Peaks to La Canada 1of2 Marana Regular Council Meeting 09 -15 -2015 Page 125 of 163 Regional Transportation Authority of Pima County Exhibit: A Item: ki 1, Component, under this Exhibit: 11. Total maximum Authorized RTA funding for the Project, or Project component to -date, including this exhibit. (If this is an amendment to an existing contract, please give the requested amended total. 12. Project Budget by Funding Source & Phase: Study (DCR /Wildlife Linkages /Value Analysis)= Planning /Design = Right of Way = Construction = Operations (Transit) = Total = 13. Project Budget by Funding Source, this exhibit: Study (DCR /Wildlife Linkage /Value Analysis)= Planning /Design = Right of Way = Construction = Operations (Transit) = Total = 14. Funding Sources (current year dollars): RTA 12.6% Funds 2.6% Funds Impact Fees Pima County Local Town of Marana Local Oro Valley Local Fare Box Revenue FTA Funds Other (Specify) Total Funding Sources: 15. Estimated completion date of work funded by this IGA: Duration of work covered by this funding request: Date: RTA Resolution: 2015 -014 , $ 27 $ 34,355,000 RTA Non -RTA Total $ 8 $ 8 $ 19,415,000 $ 19,415,000 $ 27,915,000 $ - $ 27,915,000 Project RTA Non -RTA Resources as Total $ 2 $ - $ 2 $ 3 $ - $ 3 $ 500,000 $ - $ 500,000 $ 6 $ - $ 6 RTA Non -RTA Total $ 8 $ 8 $ 19,415,000 $ 19,415,000 $ 27,915,000 $ - $ 27,915,000 Project Resources Resources as Committed Remaining outlined in the (Includes this Resource Ballot request) Budget $ 45,325,000 $ 34,355,000 $ 10,970,000 c; - 7 c r n nnn $ - $ - $ - $ 6,500,000 $ 6,500,000 $ - c� n i nnn nnn i n nnn nnn 1 1 13 nn nnn $ 1 $ 1 $ - tA �7 1'4,L17,VVV 77,7V7,VVV ti 7 LL,JVV,VVV 2of2 Marana Regular Council Meeting 09 -15 -2015 Page 126 of 163 MARANA _ r' o� 115 5 5 W. CI C CENTER DRIVE, NIA NA. ARIZ ONA 8 5 6 5 3 Item C7 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: September 15, 2015 Subject: Approval of September 1, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments: Draft Regular Council Minutes 09 -01 -2015 Marana Regular Council Meeting 09 -15 -2015 Page 127 of 163 <O-wn 0/ 7 � MARANA � i ej7o�` 00� REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 1, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:01 p.m. Town Clerk Bronson called roll. Council Member Comerford was excused. Council Member McGorray was present telephonically. There was a quorum present. PLEDGE OF ALLEGIANCE /INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. Debbie Shepherd spoke regarding her concerns over the lack of response from the developer in Marana 59 regarding. violations the construction company appears to be perpetuating, specifically the direction the water is being tunneled and the loss of property that is being caused by improper construction and the financial impact that would result from the repairs. She would like assurance from the Council that neither she nor the homeowners' association be responsible for the cost of the repairs. Mayor Honea asked if she could provide him with an email copy of her concerns which he will give to the Manager. Vice September 1, 2015 Meeting Minutes 1 Marana Regular Council Meeting 09 -15 -2015 Page 128 of 163 Mayor Post noted that Ms. Shepherd had been before Council previously with her concerns and asked the Manager if he could look into this tomorrow. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson introduced Don and Georgia Duncan who approached the town about doing a very special project — a work of art briefcase with a number of unique elements. The Duncans are dedicating the suitcase to the town, and it will be on display in the lobby of the municipal complex. Mr. Davidson asked Georgia Duncan to describe the suitcase. She said the idea came from the town being proclaimed a Purple Heart town. As a veteran, this was very important to Don. They also have a friend who is a Purple Heart recipient. They would like the suitcase to be used as well as be on display. The exterior is African sapele hardwood with bloodwood dovetails. The inside is white bonded leather with a copper or rust color cowhide chosen to symbolize the five C's of Arizona: cotton, copper, s cattle, citrus and climate. The inside is comprised of about 90,000 stitches. The town seal is 6 R 0 stitches and took about 3.5 hours to stitch out. The purple heart emblem is about 30,000 stitches and took about two hours to stitch. They received approval from the Purple Heart organization to use the emblem. The briefcase is a heartfelt gift from Georgia and Don to the town of Marana to symbolize that Marana is very supportive of veterans and is proactive with veterans. They hope it will be used by Town officials for various functions and then go on display after that. Toby Parks, Tourism Manager, gave a presentation on DiscoverMarana.org which will be launched live on September 9, 2015. The site is fully responsive, allowing it to be displayed on every device. The site will allow visitors and community members to find areas of interest that highlight tourism - related businesses and key southern Arizona attractions. Each of the business listings will have their own site and give their own description, allowing their contact information, mapping, and itinerary building. The other categories will feature meetings and weddings. Highlights of the site will include the history of Marana, seasonable campaigns that will correspond with our weather, how to get here, a tool to capture emails that will allow us to use email campaigns for seasonal themes throughout the year. When the website is launched, Marana will have a fully functioning tourism program. To maximize visibility and reach our target audience, both print and digital marketing resources will be used. The target audience for the first year will be primarily Arizona, California, Colorado and Mexico. The data shows that Mexico is providing about 24 million visitors a year to Arizona. Toby then showed the first ad to be placed in a publication called EL IMPARCIAL that will be distributed in northwest Mexico and will hit the market on that area on September 27. Among other things, the ad will highlight September 1, 2015 Meeting Minutes 2 Marana Regular Council Meeting 09 -15 -2015 Page 129 of 163 the retail opportunities at the new outlet mall. Toby clarified that this is a separate website from the official town website, but there will be a link to the government page. PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Kai. Passed unanimously 6 -0. Cl Resolution No. 2015 -085 Relating to Development; approving and authorizing the Mayor to execute an agreement with Caddis Bridge, L.L.C., to assure dedication and construction of Joplin Lane with development of the Cortaro Ranch commercial properties (Frank Cassidy) C2 Resolution No. 2015 -086 Relating to Administration; approving and authorizing the Finance and Purchasing Director to execute a Deed of Gift donating 40 Kustom Radar Speed Detection Devices to the City of Coolidge (Erik Montague) C3 Resolution No. 2015 - 087 : Relating to Public Works; approving and authorizing the Mayor to execute a supplemental intergovernmental agreement between the Town of Marana and Pima County to accommodate Pima County Regional Wastewater Reclamation Department Tangerine Road Force Main Relocation Work as part o �cEh e Design and Construction of Roadway Improvements to Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive (Frank Cassidy) C4 Resolution No. 2015 -088 Relating to Addressing; naming "Tangerine Farms Road" west of Lon Adams Road and "Tangerine Road" from Lon Adams Road to Interstate 10 (Shannon Shula) o C5 Resolution No. 2015 -089 Relating to Development; approving a preliminary plat for Willow Vista Lots 1 -69 and Common Area "A" (Open Space), located near the southeast corner of Cortaro Farms Road and Sandy Desert Trail (Brian Varney) C6 Resolution No. 2015 -090 Relating to Building; Approving and authorizing the Mayor to execute the Fourth Amendment Extending Intergovernmental Agreement between Pima County and the Town of Marana for Regulation of Public Property within Each Other's Jurisdictional Territory (Keith Brann) C7 Resolution No. 2015 -091 Resolution of the Mayor and Common Council of Town of Marana, Arizona authorizing the execution and delivery by the Town and the Town of Marana Municipal Property Corporation of a Fifth Amendment to Amended and Restated Town Lease and Series 1992 Town Lease (Jane Fairall) September 1, 2015 Meeting Minutes 3 Marana Regular Council Meeting 09 -15 -2015 Page 130 of 163 C8 Approval of August 4, 2015 Regular Council, August 11, 2015 Study Session, and August 26, 2015 Special Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES BI Relating to Boards, Commissions and Committees; selecting three potential topics for the Fall 2015 Marana Citizens' Forum (Jocelyn C. Bronson). Heath Vescovi presented this item to Council, noting that we are about to start the fall 2015 session. To do that, we need to present three topics to the Forum delegates, one of which they will choose to explore over the 8 -week session. Mr. Vescovi read the eight potential topics which are (1) business retention in Marana; (2) citizen engagement in the budget process; (3) art in public spaces; (4) voter turnout improvement; (5) community survey; (6) Marana sustainable revenue sources; (7) Parks & Recreation programming; and (8) crime and trends. The Council gave their recommendations to the Town Clerk for tallying. B2 Resolution 2015 -092 Relating to Boards, Commissions and Committees; making a pro -tem appointment to the Town of Marana Personnel Action Review Board (Kisha McCabe). Jane Fairall presented this item, noting that two members' terms expired on August 18. The positions have been advertised; however, a Personnel Action Review Board (PARB) hearing is scheduled for September 9 and there are not currently enough members on the PARB to hold the hearing. Connie Steinman was appointed to the PARB last December to complete a vacant term, and Ms. Steinman is available and willing to sit on the board for the September 9 hearing, so by policy Council can approve an appointment of a pro tem member just for purposes of this one hearing. Approval of Ms. Steinman's appointment would be just for next week's hearing. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6 -0. COUNCIL ACTION Al Resolution No. 2015 -093 Relating to Facilities; naming the bridge located on Thornydale Road over the Canada del Oro Wash the "Hurvie Davis Bridge" (Jocelyn Bronson). Ms. Bronson read the resolution to the audience, who included Mr. Davis' many friends, former colleagues and family. The bridge sign was displayed after the reading of the resolution. Remarks from Priscilla Cornelio and Si Schorr were read, and personal remarks were made by Benny Young, a colleague of Mr. Davis' at the City of Tucson, and Billy Schisler, who was Mayor of Marana at the time Mr. Davis was hired. Mayor Honea again noted the signature contributions of Mr. Davis, who then spoke regarding his career in transportation beginning in Washington, D.C., then San Diego, Portland and Tucson before coming to Marana. He noted September 1, 2015 Meeting Minutes 4 Marana Regular Council Meeting 09 -15 -2015 Page 131 of 163 that he was a Marana resident now and very glad to be living here. He thanked the Council for their recognition of him and applauded their continuing vision of keeping Marana such a great place to live. A2 PUBLIC HEARING: Ordinance No. 2015.017 Relating to Development; approving and authorizing the Mayor to execute the Amendment of the Willow Ridge Development Agreement as it applies to Willow Vista (Brian Varney). Mayor Honea noted that item A 2 and A 3 would be presented concurrently. Frank Cassidy presented the items and noted that they involve a mitigation fee that was adopted as part of the Willow Ridge development that was adopted in 2004. There was a $6400 per unit fee that went with that development. A portion of that property went undeveloped to the east of Sandy Desert Trail — 35 lot subdivision was recorded for that property but was never able to be developed with that density which is lower than anything around it. Joe and Sandra Heater have purchased the property, and they have obtained rezoning that allows 69 lots there. A couple of things have changed since 2004. One important thing is that there are more impact fees now, and pa of the $6400 was for things we now have impact fees for. Five thousand dollars of the $6400 the town was paying to Pima County as part of their mitigation land acquisition. They use that money to purchase wildlife corridors between the Tucson and Tortolita Mountains. ti There are two items here. One is a development agreement F land : one is an intergovernmental agreement amendment, which is A 3, takes our agreeme. t where we give the county $5000 per unit and says for what used to be the 35 units east of Sandy Desert Trail, we'll divide that total amount of money into the 69 units, so instead of $5000 a unit, it's $2537 per unit, and they end up getting the same amount of money and will still be passed on to Pima County but divided among more units. The development agreement then conditioned upon Pima County approving that IGA amendment, the development agreement then take that same amount and imposes that as a requirement on the 69 units. The original Willow Ridge ageement had provisions about the developer having to build Cortaro Farms Road — that's all been done now. So the amendment as it relates to these properties does a cleanup or an accounting of all the provisions in the original agreement, but the main purpose is dealing with the mitigation fee divided among the 69 lots. Mayor Honea asked the Town Clerk to read A 3 for Council to vote on prior to the vote on A 2. Mayor Honea opened the public hearing. Brian Varney presented the item to Council. There were no speaks, and Mayor Honea closed the public hearing. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. A3 Resolution No. 2015 -094 Relating to the Environment; approving and authorizing the Mayor to execute the First Amendment to Intergovernmental Agreement between Pima County September 1, 2015 Meeting Minutes 5 Marana Regular Council Meeting 09 -15 -2015 Page 132 of 163 and the Town of Marana to provide Mitigation Funding for Wildlife Corridors in the Marana Area (Frank Cassidy) Motion to approve by Council Member Ziegler, seconded by Council Member McGorray. Passed unanimously 6 -0. A4 Resolution No. 2015 -095 Relating to Real Property; approving and authorizing the Mayor to execute an Option and Wireless Communications Facility Lease Agreement with T- Mobile West LLC for the lease of approximately 256 square feet of Town -owned property at Continental Reserve Park. Presented by Jane Fairall who noted that last November 2014 she brought to Council's attention several requests the town had received for wireless cell tower companies to enter into leases to lease town property to construct wireless communication facilities, including cell towers. One of the properties discussed in November was a piece of Continental Reserve Park that's located next to the water tank we have. At that time, Council directed her to move forward with negotiations with T- Mobile. The agreement that's before Council tonight is the result of those negotiations. It would include a 12 -month option for T- Mobile to do its due diligence and to inspect the site and to obtain permits that are required to see if it's suitable for their purposes. If T- Mobile finds it's suitable, they can exercise the option to enter into the lease with the town. The proposed lease has a 5 -year initial term and then successive 5 -year renewal terms, so it could be for a total of 30 years. The option fee is $1500. If this is approved, they would pay that fee, and then the rent would be $1500 .a .month for the first year and then increase by three percent each year thereafter of the leaser.. As mentioned back in November, this is simply the first step in the process. If the Council approves the lease agreement, then T- Mobile will need to go through the zoning process by filing a conditional use permit application with the Planning Department, and there would be addressed what the site is going to look like, concealment, fencing, height, setbacks and that sort of information. That would go through the Planning Commission and then come back to the Council for approval. Ms. Fairall asked if there were questions. Council Member Kai asked if T- Mobile would go on an existing tower or construct a new tower. Ms. Fairall responded that it is T- Mobile's intent to construct a new tower. Council Member Kai asked if there is a tower there to which Ms. Fairall responded that she didn't believe there is. Council Member Ziegler noted that cell towers haven't been very popular in Continental Ranch, and while she appreciates that they are needed, has there been any discussion about a cell tower with the residents in that area? She doesn't know if the site is intrusive. Ms. Fairall responded that she didn't think notifications had gone out to neighbors in the area. Once the conditional use permit is filed and their requirements for a notice to the neighbors and public hearing, that would take place at that time. She is not aware of outreach to neighbors as of this moment. Council Member Ziegler noted that if the Council doesn't support this endeavor, then there is no cell tower, right? September 1, 2015 Meeting Minutes 6 Marana Regular Council Meeting 09 -15 -2015 Page 133 of 163 Ms. Fairall explained that if the Council doesn't approve the lease agreement, the cell tower wouldn't be a Continental Reserve Park because T- Mobile won't be able to submit their application, because they wouldn't have the right to use our property. There could potentially be another place in that area where T- Mobile could submit for their conditional use permit if they got property rights from some landowner. So there still is the potential for a cell tower in the area even if it's not on our property. Council Member Ziegler asked if the cell tower location was by the park. Ms. Fairall responded that it's actually in the park. There is a water facility in the park with a tank. The proposed lease area is right outside that water facility area, but it's in the park. Council Member Bowen clarified that all the Council would be doing tonight is granting a lease agreement for 12 months for T- Mobile to do their due diligence, during which time they will go in and determine if they want to move forward. If they agree to do that, and during this period of time they will probably be submitting or coming before Council with the design ideas and so on so that the whole thing is agreed upon before they begin their five -year lease term, is that correct? Ms. Fairall replied that that is essentially correct. This would be giving them the 12 -month option period that you discussed to go through the due diligence and to get the permits that they need, including the conditional use permit which would first go to Planning Commission and then come to Council for approval. Council Member Kai asked in reference to this site, if the town would be able to lease this site to another user, to co- locate the tower site to someone else, or would T- Mobile have the exclusive use of that property, and they could turn around and sublease to someone else? Would the town be in a position to do that? Ms. Fairall stated that the way the lease is set up, T- Mobile could have additional antennas or equipment placed on the tower, and T- Mobile would collect whatever rent is associated with that, but anybody going on T- Mobile's tower would have to enter into a separate ground lease with the town for whatever they need on the town — their shelters or cabinets or other equipment - that would be outside of the T- Mobile lease area but in an area that they would lease from the town and pay rent to the town. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-1 with Council Member Ziegler voting nay. A5 Resolution " o. 2015 -096 Relating to Municipal Court; appointing Laine Sklar as Marana Town Magistrate for a two -year term beginning October 1, 2015; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Laine Sklar. Jane Fairall addressed Council and reviewed the recruitment process for a town magistrate beginning July 1 after former Judge Davies announced his retirement as of July 31. As a result of the recruitment, Council selected Laine Sklar for the position of Marana Town Magistrate. Ms. Sklar has been with the Town's legal department since 2006 and has been the Town Prosecutor since 2011. Tonight's action seeks formal approval from Council of Ms. Sklar for the position as well as her contract, which is a two -year term set by code and has all of the salary and benefit considerations which would run from October 1, 2015 through September 30, 2017. She added that on a personal note, it's been an honor for her to work so closely with Laine, and even though it will be a loss to the legal department, this is a really exciting development for Laine and for the September 1, 2015 Meeting Minutes 7 Marana Regular Council Meeting 09 -15 -2015 Page 134 of 163 Court and for the Town. Motion by Council Member McGorray, second by Vice Mayor Post. Passed unanimously 6 -0. Ms. Sklar thanked Council for the honor of being selected as Magistrate, and she is eagerly looking forward to serving the town in this new capacity. She thanked Council for putting their trust in her to lead this department and promised to do it to the best of her ability. Mayor Honea and the Council offered their congratulations along with the audience. ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of 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. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this Va agenda. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:54 p.m. by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 6 -0. Council Member McGorray asked that her best wishes be given to Hurvie Davis. W -, k CERTIFICATION I g fore hereby Y th%"e certif oin are the true and correct minutes of the Marana Town Council g meeting held on September 1, 2015. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk September 1, 2015 Meeting Minutes 8 Marana Regular Council Meeting 09 -15 -2015 Page 135 of 163 MARANA 115 5 5 W. CI C CENTER DRIVE, NIA NA. ARIZ ONA 8 5 6 5 3 Item L1 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: September 15, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rick McAtee on behalf of Marana Foundation for Educational Excellence for Marana Oktoberfest at Breakers to be held on September 25, 26, and 27, 2015 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of the Marana Foundation for Educational Excellence for Marana Oktoberfest to be held on September 25, 26, and 27, 2015 at Breakers Water Park located at 8555 W. Tangerine Road, Marana, Arizona 8 5 6 5 8 . The applicant has also obtained a special event permit from the town, pursuant to Chapter 10 -6 of the Marana Town Code. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. Marana Regular Council Meeting 09 -15 -2015 Page 136 of 163 If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Rick McAtee on behalf of the Marana Foundation for Educational Excellence for Marana Oktoberfest at Breakers Water Park. OPTION 2: I move to disapprove the special event liquor license application submitted by Rick McAtee on behalf of the Marana Foundation for Educational Excellence for Marana Oktoberfest at Breakers Water Park. Attachments: Marana Foundation for Educational Excellence LL Application Description of License Type Marana Regular Council Meeting 09 -15 -2015 Page 137 of 163 I.1Q ,►`'s•,� Arizona Department of Liquor licenses and Control .' 800 W Washington 5th Floor x ='• r Phoenix, AZ 35007 -2934 co �, °� www.azliquor.gov �. q�tzoip (602) 542 -5141 FOR DLLC USE ONLY Event Dotel(s): Fv�,nt time startler)d: license: APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1 - -10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44- -6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of liquor Licenses and Control must receive this application ten ( 0) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of liquor Licenses and Control (see Section IS ), SECTION 1 Na me of organize o SECTION 2 Nora- Profit /IRS Tax Exempt plumber: v _ r.'� G'•` �L:.. - _ y _w.._ -- -- ___ SECTION 33 The organization is a: (check one box only) NCharitableElFraternal (must have regular membership and have beer) in existence for over five (5) years) []Religious ElCivic (Rotary, College Scholarship) E]Political Party, Ballot Me asure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise. and within the already approved premises ?'WYes 0No Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling Of spirituous liquors? Please read R - -i 9-- 318 for explanation (look in special event planning guide) and check one of the following boxes. 01"lace license in non -use [:]Dispense and serve all spirituous liquors under retailer's license IB- dispense and serve all spirituous liquors under special event r EJ ,spiitpr(--,1mise between special event and retail location if not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event Is only using a portion of premise, agent/owner will need to suspend that portion of the premise:) S� TION 6 What is the purpose of this event? on - site consumption EjQff-site (auction) [:]Both �'` . •„ �.. •. : 4 1" .�S f. r�.l [;ti,_ � -te �. � r' .�_ .... _ _. � ..._- ..w_......__. .....� SECTION 7 Location of the Event. R 2.� Address of Location:.�w��w ,� Street c ity COUNTY State Zip N 3 Wil this be stacked with a wine festival /craft distiller festival? Yes �Na SI~�TIO i . SECTION 9 Applicant must be a member of the gtjalifying organization and authorized by an officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) g . �- •r 't 1-.__ _._... _ 1. App _.�.�. -..�. �.w��._.._ --_-- Date of Birth last first Middle cant s ma ad dr ess* r• _ .. � �� 2. Appl g ._ . - city State. Zip street 3 Applicant's home /Cell phone: { .�_ ) _ _�_.. w Applicant's bL) Sir)esS phone: 4. A p p l i c a rl i' s email address: Marana Regular Council Meeting 09 -15 -2015 Page 138 of 163 7/22/2015 Pace: 1 of 4 Individuals requiring ADA ac:cornmodations call (602)542 -9027. SECTION 10 1. Has the applicant been convicted of a felony or had a liCIIJOr IiCr -nse re voked wifhin the last five (5) ye a rs? [Yes tR�o (if yes, attach explanation.) 2. How many special event licenses have been issued to this Iodation this year? (The number Cannot exceed 12 events per year: exceptions under A.R.S. §4- 243.02(p).) 3. Is the organization using the services of a prornoter or othcar person to manage the event? `.,.Yes ETAo (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the grass revenues of the special event li(JUor sales. Attach an additional page if necessary. Percentage: N a me 1e • �� 1r +5 .� j �'r • �� G ��1 L�C i. 4 rr�.t� j .dry... +/ . r 4 C . r' _ �=S Address Street CRY city State Zi Name. .�� _. ' f,I : Percenta e. Address ..., ... 7�w �. � .:_ �,:... .`.. �..- �.- ».._......« ��v .........,........_..l �. 'ir ti. r W .- f..� r` yl r i ....w_......_ �_.�.., _�..._. ......_.«.....,............... � f � A Street. city State Zip] 5. Pie ase read A.R.S. § 4-- 203.02 Sp ,crial event lic e.n sc,.' ruf(� and R19 -1 -2.05 R ea uirements for a S ecia Event License Nate: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO A LC OH OLIC BEVERAGES SHALL LEAVE SPE CIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTA O R THE SPECIAL EVENT LICEN IS STAC KED WITH WINE CRAFT DISTILLER F LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police /security personnel and type of fenc or control barriers, if applicable.) R1 _ Number of Police_ Number of Security Personnel [Fencing 13arriers Exp l anati o n: � M ._ .... � .«- r_.w- .r_ . -�.r�� ,... � ...•� �� ...- .��r.. r- ..w..,........... 5 ...�ti • f � � ��' +. ..� f.�...+...�.l.i�.rw -f � .•' 'w+ { Iwl .. � .ww..r..++.+._. 1 SECTION l I Date(s) and Hours of Event. Ma not exceed 10 consecu days See A.R.S. 4- 244(15) and ( 17) for legal hours of service. Date r s� DAY :` DAY 2:� DAY 3: - � , DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Day of Week ter T Event Start Time AM/PM o License End Time AM/PM 7l ?2110 1 Marana Regular Council Meeti - F'c�c�c, � cif a r Pa ge 139 of 163 9 i lg(R c��c��t quirintj ADA (1ccornmodations call (602)542- 902.7. 9 • • 4-- e n. - mc I go 4 Fr i :.., v AX IF # - • i, Syr{••: �if.w r. • .. F � ir ;3"W �.' ^- .,.....•.... -.ti �, � fi „ + l�l:ai,. �4' �i/h'r�'.:r: ■• - :s7��•• �r: .,-•r, � r • x. � :� If • 3 I t I A m� In pdr. f W 1 . 'E'W F��Mr1� r i � + ' ° 'ii •:L «iS' yr�ln,.}:�' 4 7•t •, •■. � v �16 ry A IA p qp d► 0" • .► �, 'It " + t a '�•T r;- ' � • .��,� .k{S�: • r !. + .. `, • S :: <_ +i S • ., ATM• . , t,, r vr 4 , 42 It -47 7,7 r,:'. V. 4., V1 mo -•t• • t::• ``•L tr�r ='��f'A•�it .•� �• •. .. •r• .. - •� r; r • /•y• �•'�•� • 'y:' � v f r •Jrtit}� "' ` ,l} �' � •\ • • I. i' •, - �j� '. '•:'. .. _ a r• • r, A 4r , INW. T 0' r �� •� t�t.: u�� •x .T1�. il�ti: Y'' .. .. �L Y • _ .. ' " `t '. " ••t* Ss• ^(�•. 716 i j , • * -. n d t NI i. I d�; v j. I N I 7` 4 4 4. , A - '4 ii, W .. &mv Y ZW - AL ski' RW V N., *Ar -n 300 If eet .0 rrx� e rs r. 11N C e, e- r J 'Y. Marana Re Council Meetin 09-15-2015 Pa 140 of 163 X11, -i Sectior-% -jniz(� - )amedii I _ifiioni S EC"F10 N 13 To be o rnpiete d o,,r) l b ci n Officer', Direc"01" of I i I the orb an 'ouv-f P,,, DIRECTOR, or CK4,11 R P S C-) N thot I' (F)W Full Nome) a Spec:(�l Eve�-)f ji behalf 'he for,-�',90ir-!(g I at appointin the applic,'--itf in 5,�;>Cfion 9, to 1.JqL,jor s t� 1-a � f r�r 1 . � ,,, � �,� x ( � The fore 1 S i !. .-� ? Z" f_� �. � f t '�� `- � j / ,� n , ii f 4 / f � ! 15�� r ieJ _•.._ _ _.- _.�. Lr -� Month year i 3 L `._��. '.J tr.. �.r ; w,e - � �� r S a e of --nmissl()n Expires oj--,!.- Nl Cot Dale /___S ...... SECTIO14 14 This sec.fion is fi,,-) br.--, coln-plete-d Of-)IV b the applicc-Mit nam,eld in Sec-ti on 9, (F' -jnf FUX Nam"aa) listed in Section 9. 1 re(:-id the, a pica o m p I e t e,. x (Si 1 de,C 'that I of-ri the APPLICANT rilin this application as and the conterifs and (,-ill staternents are truo, oruect and 4. c THits/ Posifion Daie p i " f I u _ ��5...a! �( ^ Th e foregoing insi -, 1, was kcckn vy a e d b e f o r e rn e h ._...._..... .� _..__.�..._..�....- .._--- - -- '-- •- �� ^..._..._._, ._.._••�.� 7'! T +•� ^•"" .-- J.`.�. _ -•_ .�__..___....�. Do S } fff �{ � } 7 f ate 0 U f-1 c �,A Corinntission _xplres IT -0 c oku Public r ?Z tl � Please ontact the. local g overnin g board for addifional appiVation requirements and subaiission deadlines. Additional licensin fees ma also be, re before approval i-na be g -or•11-ed. For i-nore inforn-lation, please confect y our locai judsdicfion: http-'/ WWW,C is ULy C.t c v/assets/docui-iie.t gME,�.p_gge do- / �c)ec event SECTION 15 Local Goverr 9o,,-,J Approval Secfiun recornmend EIAPPROVAL 0 DIS,4 (Gove"meni (Me) on be hall of -- - ------- ---- - - - --- - -------- r'C4, Town, C"Ourit S1 Dote FOR [)EPARTMENT OF Ll. QUQ� Ll(__-.E1NSES AND CON'TROL USE ONLY V M By. - -------- DAPPROVAL 1 '\ EJ DS/1F1 f-'1R0, DATE: rofilbited octs by state A.R.S. § 41 Inyofidl of rules not mucle n nolice -ic sh no B. An a a licensin decision invvhole, oi• in part oii c licensing requirernen" or con<-.fifion Ifict not 'fic:dl a l � 'If : coryipact. A c of aut'holity In statute, dice (lot constifutec) Sped I ;%Jffiorized b statute, r�-ile ot-state friball g omin g I- to thoi g einerdl g rant of at-ithorif that bas4s flor Imposin a Ilicensini req-Jirerneni or condillon �jnlc--�ss o is irnadc-,, purstion specific oll a�_itho 7es or Condifif0r]. -E D. THIS SECT)O'N MAY BE ENFORCE'D IN A11_1'R11VA'F;_�: CIVIL A,"TION AND AR[_)E!D'AGAiNST'THE STA:j-_-, 11--lE KLIJEF MA BE AW C0URT1\AA\;-' AWARD REASONABLE.-. A70RNEY FHE-S, DAMAGES AN't) ALL FETE -S ASSO(1ATED WITH THE LICE-NS)E APPUCATION TO A T ' P ARTY TH AT P I N le A C"T1 0IN' A G A I INI ST TH ST ATF- F-0 R A V l ()LA 1 I 0 N 0 F T H IS S E CTION. E. A STATE EMI-11-OYL-F MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECT)ON, A VIOLATION OF THIS SEC' C-110N is L ! I � y, CAUSE' FOR DISICCIP-LIN Al YJ A,211101\ 1 QR D PERSONNELPOLk-", ..Q1SM1,SS'AL �PUIRSUANTTO THE AG7E.-NCY'S ADOPT' F. THIS SECTION DOFS NC-)TABROGATF[I., IiE IMMUN111Y [IROVII)ED BYSE`rJ10N 1 2-820,01 OR -820.02 7/22/20lAprang Re Council Meeting . 09-15-2015 -.. 4 of 4 f 2) 5 �1442 - 9 027 Pa 141 of 163 --nnn iridjv,idudi fe- ABA C� " -1 sereies: 75 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges D1112P1114tFN Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 09 -15 -2015 Page 142 of 163 MARANA 115 5 5 W. CI C CENTER DRIVE, NIA NA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Item L2 Date: September 15, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Raymond Patrick Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival to be held on October 10, 2015 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of Marana Heritage Conservancy for the Marana Cotton Festival to be held on October 10, 2015 at Marana Heritage River Park located at 12375 N. Heritage Park Drive, Marana, Arizona 8 5 6 5 3 . A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special Marana Regular Council Meeting 09 -15 -2015 Page 143 of 163 event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Raymond Patrick Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival at the Marana Heritage River Park. OPTION 2: I move to disapprove the special event liquor license application submitted by Raymond Patrick Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival at the Marana Heritage River Park. Attachments: Marana Heritage Conservancy LL Application Description of License Type Marana Regular Council Meeting 09 -15 -2015 Page 144 of 163 USE ONLY Vend: IMPORTANT INFORMATION: This document must be full com leted or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Nam f r at Cj I�a e� Name o Organization: ' t SECTION 2 Non - Profit /IRS Tax Exempt Number: ,� r w . 03 SECTION 3 The organization is a: (check one box only) charitable ElFra ternal (must have regular membership and have been inexistence for over five (5) years) EIReligious ElCivic (Rotary, College Scholarship) Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? Yes ) Ejto Name of Business License Number Phone [include Area Code] SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors .2 Please read R -19- 318 for explanation (look in special event planning guide) and check one of the following boxes. Place license in non -use Dispense and serve all spirituous liquors under retailer's license ispense and serve all spirituous liquors under special event Split premise between special event and retail location of not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. if the special event is only using a portion of premise, agent/ownerwill need to suspend that portion of the premise.) SECTION b What is the purpose of this event? E consumption Doff -site (auction) 013of h A5 c L 'L m SECTION 7 Location of the Event: Address of Location: fff K) W c1c h I g`a i't. -e A r 7-:71 W , �_ ",,J 1� pc� °, L ., � `°° Street city COUNTY State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? OYes o SECTION 9 Applicant must be a member of the qualifying organization and authorized by an officer, Director or chairperson of the organization named in Section 1. (Authorizing signature is required in Section 13.) Q lr 1. Applicant: Last r- First Middle Date of Birth 2. Applicant's mailin address; 1 MJ L 0] ( 4 - - A „� r .. Sheet Cffy State Zip 3. Applicant's home /cell phone: (�� 9V ��`x"V Applicant's business phone. 4. Applicant's email address. 712212015 Marana Regular Council Meeting 09 -15 -2015 Page 1 of 4 Page 145 of 163 Inrlivirli ink rpm iirinn A nA nrrnmmnr nfinnq mil f/,n9i.5d9_9n97 SECTION 10 1. Has the applicant been convicted of a felony or had a liquor license revoked within the last five (5) years? DYes 00 (if yes, attach explanation.) 2. How many special event licenses have been issued to this location this year? 42: (The number cannot exceed 12 events per year; exceptions under A.R.S. §4- 203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? 'es ... o (If yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name _ 4-6 ?- .. e Percenta : g Address ° i �� Street city State Zip X (,,, ?% - " - � ame 'r �� Percentage: 5�, Az�' Address a .• .�@ ic"., ` °p v1L Street t city State zip 5. Please read A.R.S. § 4- 203.02 Special event license: rules and R 19-1-205 Re uirements for a Special Ev License Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police security personnel and type of fencing or control barriers, if applicable.) , qQ dumber of Police Number of Security Personnel Fencing E]Barriers Explanation: SECTION 11 Date (s) and Hours of Event May not exceed 1 0 consecutive days. See A .R.S. § 4- 244(15) and (17) for legal hours of service. Da Day of Week 4 '+ DAY 1. 1r 0 1- __. 0� Event Start License End Time AM/PM Time AM/PM DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 8: DAY 9: DAY 10: Marana Regular Council Meeting 09 -15 -2015 Page 146 of 163 7/22/2015 Page 2 of 4 InHivirli ink rPrii iirinri A IAA r roll 1An91.'SA9 - .9n9 7 SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authoriz to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used f prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, other control measures and security position. _ _ 4 . � f R r J • 1 }' - - •�•�.. x "'fir'."' . "'! f► i�#&" / ' �-` t 4 s r 4 f � y r 10 it 7n� F v - 1 !• D F r' ' r � - mo t �aa1 .. i5. v •r t F ra r # 40D i 04 ` ai. WMW now ' Y # i k I T Marana Regular Council Meeting 09 -15 -2015 _ Page 147 of 163 rr , max: � 4�tnf ° .f f "` _�. - . • _ - ?}. - �.* � ` /7.111[' ed or SECTION 13 To be completed onl b an Officer, Director or Chairperson of the or named in Section 1. 1, _fV1, 'PQk_1%CJ'c. '* I - Z— declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print Full Name) appointin the a licant listed in Section 9, to appl on behalf of the fore or for a Special Event Li Li X rest F 9— (Si Title/ Position Date Phone # The fore instrument was acknowled before me this 2Y6: S 96 / '5- Da A�onth Year Sf ate A 1'\12, k -Count of el Suzanne Sutherland 'Q M Commission Expires on: q111 Ja64 Dke Pima Count Arizon Si ature ot t r Public MY Comm. Expires 09.11-1 MMM41M T SECTION 14 This section bto be completed only by the applicant named in Section 9. L ( Print Full Name listed in Se ion 9. | have read the application com X )Z_J The fore instrument was acknowled befere M Commission Expires on: 6 1 /, I I o Date Phone # i `1 0 ,, — �/S Month Year Si 4f Wtar Public Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local SECTION _l5Local Governing Body Approva Section (Government omciu0 recommend DAPPROVAL El DISAPPROVAL on behalf of ( Cit y , Town, Couni Si ' Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY EIAPPROVAL El DISAPPROVAL BY: DATE: A^�S.@41-1030. Invalidit 0 P rohibited a action; prohibited acts by state y of rules not made accordin to this chapter, emplo -enforcement; notice 8.An agency shall not base a licensing decision in whole or in part onolicensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement orcondition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TC}A PARTY THAT PREVAILS |NAN ACTION AGAINST THE STATE FOR A VIOLATION C>F THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY [>R KNOWINGLY VIOLATE THIS SECTION. A VIOLATION (]FTHIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NCTA8R(]GATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-020.02. Marana Re Council Meetin 09-15-2015 Pa 148 of 163 declare that / orn the APPLICANT filing this application as and the contents and all statements one true' correct and rrffe/ Position Suzanne SutheAnd NehiF Public Pima Count Arizona Mv Comm. ExDires S1 8 7/22/2015 Page 4or4 1 n ri i"id.,"/r, rp".i iri""An^n"-"",m"ri" tin "r. r"nunr_r, u9_9n97 sereies: 75 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges D1112P1114tFN Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 09 -15 -2015 Page 149 of 163 MARANA 115 5 5 W. CI C CENTER DRI NIA NA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: John Kmiec, Utilities Director Date: September 15, 2015 Strategic Plan Focus Area: Community Item Al Strategic Plan Focus Area Additional Info: Community Principle Statement 3 / Initiative 25: Continually seek and evaluate new water resources to increase the Town's water portfolio Subject: Resolution No. 2015 -103: Relating to Utilities; Approving and authorizing the Mayor to sign a five year intergovernmental agreement with the Metropolitan Domestic Water Improvement District for the purchase of long term water storage credits (John Kmiec) Discussion: In September 2010, the Town entered into an IGA with the Metropolitan Domestic Water Improvement District (Marana Resolution No. 2010 -87) for the purchase of long term storage credits generated by the delivery and recharge of Central Arizona Project water. The initial IGA was for a five year term ending in August 2015. During the five -year term, the Town acquired 7,747 acre -feet of long term storage credits from Metro Water. Although this IGA is new, it has the practical effect of extending the 2010 IGA with some additional changes and cost formulations. Of note, the new IGA allows the Town to select where any long term storage credits may be accrued on the Town's behalf. This may include the Avra Valley Recharge Project, the Lower Santa Cruz Recharge Facility, or the BKW Farms Groundwater Savings Facility, or any combination of the three. The effective term for this IGA is through December 31, 2020. Financial Impact: Fiscal Year: FY16 Marana Regular Council Meeting 09 -15 -2015 Page 150 of 163 Budgeted Y /N: Y Amount: $32500 *The Water Department examines water ordering projections throughout each budget process. Once all potential water acquisition options are examined for the next fiscal year, then budget projections based on anticipated water orders are developed. Staff Recommendation: Staff recommends adoption of Resolution 2015 -103, approving and authorizing the Mayor to sign the intergovernmental agreement with the Metropolitan Domestic Water Improvement District for the purchase of long term storage credits. Suggested Motion: I move to adopt Marana Resolution 2015 -103, approving and authorizing the Mayor to sign the intergovernmental agreement with the Metropolitan Domestic Water Improvement District for the purchase of long term storage credits. Attachments: Resolution 2015 -103 Exhibit A to Reso Metro Water Agreement Marana Regular Council Meeting 09 -15 -2015 Page 151 of 163 MARANA RESOLUTION NO. 2015-103 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A FIVE YEAR INTERGOVERNMENTAL AGREEMENT WITH THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT FOR THE PURCHASE OF LONG TERM WATER STORAGE CREDITS WHEREAS the Town of Marana and Metropolitan Domestic Water Improvement District (Metro) provide potable water to residents and businesses; and WHEREAS the Town endeavors to purchase water annually equivalent to the volume of water pumped; and WHEREAS Metro has a volume of long term storage credits they are willing to sell on an annual basis which will supplement the Town's purchase of water from Central Arizona Project; and WHEREAS the Town and Metro have just completed a mutually beneficial five -year intergovernmental agreement for the Town's purchase of Metro long term storage credits, approved by the adoption of Marana Resolution No. 2010 -87, and the Mayor and Council find that entering into a new five -year intergovernmental agreement is in the best interests of the Town and its citizens and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The "Agreement to Sell and Assign Central Arizona Project Long -Term Storage Credits in the Tucson Active Management Area" attached as Exhibit A to and incorporated by this reference in this resolution is hereby approved, and the Mayor is hereby authorized to sign it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of September, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00043174.DOCX /1 Marana Resolution No. 2015 -103 Marana Regular Council Meeting 09 -15 -2015 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 9/9/2015 9:11 AM FJC Page 152 of 163 AGREEMENT TO SELL AND ASSIGN CENTRAL ARIZONA PROJECT LONG -TERM STORAGE CREDITS IN THE TUCSON ACTIVE MANAGEMENT AREA THIS AGREEMENT TO SELL AND ASSIGN LONG -TERM STORAGE CREDITS IN THE TUCSON ACTIVE MANAGEMENT AREA (this "Agreement ") is entered into as of the day of September, 2015 ( "Effective Date ") by and between the Town of Marana, an Arizona municipal corporation ( "Town "), and Metropolitan Domestic Water Improvement District, an Arizona municipal corporation ( "District "), (collectively referred to as the "Parties "). RECITALS A. The purpose of this Agreement is to provide for cooperation between the Town and District for the purpose of providing renewable water supplies to the Parties' customers in accordance with the requirements of the Assured Water Supply program in the Tucson Active Management Area ( "Tucson AMA "), which will mutually benefit the Town and District. B. The Town seeks to acquire long -term storage credits ( "LTSCs "), as defined in A.R.S. § 45- 802.01(11). C. The District desires to sell, and the Town desires to acquire, a portion of the District's Central Arizona Project ( "CAP ") Municipal and Industrial ( "M &I ") Subcontract water that will be stored in the future, as LTSCs, on a best efforts basis during the term of this Agreement. D. Both the Town and District own and operate wells permitted by the Arizona Department of Water Resources ( "ADWR ") as recovery wells that may recover stored water within their service areas. E. The District has entered into a subcontract with the Central Arizona Water Conservation District ( "CAWCD ") in the amount of 13,460 acre -feet ( "ar') per year of CAP M &I Subcontract water to be delivered through the CAP canal system. F. The District holds Water Storage Permit No. 73- 564896.0100 to store up to 11,000 of per year at the Avra Valley Underground Storage Facility ( "AV- USF "); and holds Water Storage Permit No. 73- 561366.0300 to store up to 15,000 of per year at the Lower Santa Cruz Underground Storage Facility ( "LSC- USF "); and holds Water Storage Permit No. 73- 555750.0002 to store up to 14,316.66 of per year at the BKW Farms Groundwater Savings Facility, and holds Long -Term Storage Account (Permit No. 70- 411130.0000). 6492248 1 Marana Regular Council Meeting 09 -15 -2015 Page 153 of 163 G. The Town is a Designated Municipal Water Provider (DWR No. 26- 402254.000) in the Tucson AMA enrolled as a Member Service Area of the Central Arizona Groundwater Replenishment District ( "CAGRD ") and holds Long -Term Storage Account (Permit No. 70- 411220.0000). AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to the following terms and conditions: 1.0 Incorporation of Recitals The Recitals set forth above are true and correct and are incorporated by reference as though fully set forth herein. 2.0 Order and Purchase of LTSCs Pursuant to the terms and conditions of this Agreement, District agrees to sell the Town up to 1,553.725 of of LTSCs in the Tucson AMA each year during the term of this Agreement, in accordance with the terms and conditions set forth below: 2.1 The District agrees that the Town shall have first priority to purchase up to annually 1,553.725 of of LTSCs to be accrued by the District in the Tucson AMA during the term of this Agreement. 2.2 Except as provided in subparagraph 2.3 herein, the Town shall elect the amount of LTSCs it wishes to purchase in any calendar year by notifying the District by August 31 St of the preceding calendar year. Failure to provide such notice shall abrogate the District's obligations under this Agreement for the following year only. 2.3 The District shall be responsible for ordering and arranging for the delivery and storage of CAP M &I water in the Tucson AMA. For calendar year 2016, the District shall order and arrange for the delivery and storage of CAP M &I water, in order to enable the assignment to the Town, after regulatory deductions, up to 1,553.725 acre -feet of LTSCs for the Town's use early as calendar year 2017 unless additional credits are transferred to the Town per Sections 2.5 and 2.6 . The method for calculating the costs and credits to Marana for calendar year 2016 and each calendar year thereafter are reflected on Schedule 1. 2.4 The price per acre -foot of CAP water stored for the Town during the term of this Agreement shall be based upon the volume of CAP water ordered and delivered and the following: (a) the annual purchase price shall be the Capital and Delivery charges set forth in the Annual Rate Schedule adopted by the CAWCD Board of Directors for M &I long -term subcontractors during the year in which the CAP water was delivered to the District; plus (b) the District's operation and maintenance fee at the AV- USF of $16.39 per acre -foot for 2016 with an annual increase of 3% in subsequent years, or the applicable current fee for storage paid by the District at the LSGUSF and/or BKW -GSF, plus (c) District administration costs in an amount equal to 1.02 for AV- USFs and LSGUSF, and 1.03 for BKW -GSF multiplied by the sum of (a) + (b). These costs are reflected on Schedule 1. 2 6492248_1 Marana Regular Council Meeting 09 -15 -2015 Page 154 of 163 2.5 CAP Reconciliation. If the CAWCD Board of Directors determines the District overpaid on CAP deliveries, the District will confer with Town what additional credits will be transferred to the Town equivalent to the Town's proportional share of the District's order with the CAP Reconciliation decided by CAWCD. If the CAWCD Board of Directors determines the District underpaid on CAP deliveries, the District will confer with the Town on what reduction in the number of credits will be transferred to the Town equivalent to the Town's proportional share of the District's order and the CAP Reconciliation. These costs and credit additions or subtractions are reflected on Schedule 2. 2.6 If the Town desires to have CAP water stored at BKW's GSF, then the District will increase the number of credits earned and transferred based on the In- Lieu Rebate from BKW Farms, Inc. The credit addition calculation is reflected on Schedule 2. 2.7 Payment from the Town for the annual LTSCs acquired from the District shall be made in twelve equal installments due on the last day of each month of each year in which CAP water is delivered to the District. The monthly payments shall be based upon the amount of LTSCs requested by the Town pursuant to this Paragraph 2. 3.0 Term. The term of this Agreement will commence on the Effective Date and will terminate on December 31, 2020 unless the Parties mutually agree in writing to extend the term of this Agreement. 4.0 Water Storage. All CAP M &I water stored by the District in the Tucson AMA pursuant to subparagraph 2.3 of this Agreement, shall be stored in compliance with the requirements of A.R.S. § 45- 852.01(B) at the AV -USF (Permit No. 71- 564896.0004) and /or the LSC -USF (Permit No. 71- 561366.0003) and /or the BKW -GSF (Permit No. 71- 538133.0004), as those permits may be amended from time to time. 5.0 ADWR and CAGRD Reporting. The Town and District shall comply with all applicable permitting and filing requirements of the ADWR, CAWCD and CAGRD, on a timely basis. If necessary, the Parties shall cooperate to ensure timely compliance. 6.0 Assignment of LTSCs Accrued by the District. Within thirty (30) days after District receives annual notification from ADWR of the amount of LTSCs accrued from the storage of CAP M &I water in the Tucson AMA, the District shall prepare for the Town's execution, ADWR's form authorizing the assignment of the District's LTSCs to the Town based upon of the amount of LTSCs identified by the Town per subparagraph 2.2 herein. 7.0 Assignment of LTSCs Accrued by the District. Not later than September 30 of each calendar year, beginning in 2017, the Parties shall notify ADWR, on a form provided by ADWR, of the assignment of LTSCs agreed upon by the Parties in Section 2 of this Agreement, minus the regulatory deductions described in Section 8, below, from the District's Long -Term Storage Account (Permit No. 70- 411130.0000) to 3 6492248 1 Marana Regular Council Meeting 09 -15 -2015 Page 155 of 163 the Town's Long -Term Storage Account (Permit No. 70-411220.0000). The Town will be responsible for payment to ADWR of the LTSC transfer fee. 8.0 ADWR Determination of LTSC 8.1 The Parties acknowledge that any LTSCs issued by ADWR for CAP water stored by the District in the Tucson AMA will reflect reductions made by ADWR in accordance with the requirements of A.R.S. § 45- 852.01 of the gross water volume delivered into a storage facility (the "Net Credits "). The Parties further acknowledge that the exact amount of LTSCs earned by the District will not be known until after a final determination is made by the Director of ADWR, which may occur after June 30 of the calendar year following storage. The District shall assign to the Town the Net Credits earned for the water ordered per subparagraph 2.3. 8.2 ADWR's rejection and invalidation of an assignment of LTSCs to the Town pursuant to A.R.S. § 45- 854.01(C) shall not cause a reduction in the amount of monies owed the District by the Town pursuant to the terms of this Agreement. 9.0 District's Warranties; Limitations 9.1 All applicable legal requirements and fees related to the storage of CAP water in the Tucson AMA pursuant to this Agreement will have been or will be satisfied by the District at the time of the assignment. 9.2 The District will have good and marketable title to the LTSCs, free of any liens or encumbrances, at the time of assignment. 9.3 Because CAWCD controls all deliveries of CAP water to the Tucson AMA, and to the AV -USF and the LSC -USF and to BKW -GSF, the District does not warrant that CAP water will be successfully delivered throughout the term of this Agreement 10.0 Water Recovery The Parties acknowledge the need to construct recovery wells to facilitate the recovery of water they have stored in the AV -USF and the LSC- USF, and the BKW -GSF, which are located within the Town's service area. During the term of this agreement, the Parties agree to work together to locate any such wells that might occur outside of the area of hydrologic impact in mutually acceptable locations within the Town's service area, recognizing that the District and Town's primary obligation is to provide adequate and efficient service to its customers. 11.0 Termination. 11.1 This Agreement may be terminated for any reason by either Party upon one hundred and eighty (180) days written notice in accordance with the provisions of Paragraph 12 herein; provided however, that the Parties will continue to honor any contractual obligations entered into prior to the termination date, which obligations extend longer than 180 days following the date of such notice. 4 6492248 1 Marana Regular Council Meeting 09 -15 -2015 Page 156 of 163 11.2 This Agreement may be terminated upon the effective date of a statutory or regulatory change that results in the prohibition of this type of transaction. 11.3 The District may terminate this Agreement immediately if, after using its best efforts, the District is unable to procure the necessary CAP water to store for LTSC as required by the terms of this Agreement. 12.0 Notices All notices or other communications required or provided to be sent by either Party shall be in writing and shall be sent by United States Postal Service, postage prepaid, return receipt requested; courier; any nationally recognized overnight delivery service; facsimile transmission; or in person. Any such notice sent by registered or certified mail return receipt requested shall be deemed to have been duly given and received seventy -two (72) hours after the same is so addressed and mailed with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty -four (24) hours after delivery of the same, charges prepaid, to U.S. Postal Service or private courier. Notice hand - delivered by courier for same -day delivery shall be deemed to have been given on the date of hand - delivery. If any notice is transmitted by facsimile transmission or similar means, the same shall be deemed served or delivered upon confirmation of transmission thereof. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. All notices shall be addressed to the Party at the address below: If to the Town of Marana: Marana Water Attn: Mr. John Kmiec 5100 W. Ina Road Tucson, Arizona 85743 Fax No.: 520- 382 -2590 With a copy to: Town Attorney Attn: Mr. Frank Cassidy 115 5 5 W. Civic Center Dr. Marana, Arizona 85653 Fax No.: 520-382-1945 If to Metropolitan DWID : General Manager Attn: Mr. Joseph Olsen P.O Box 36870 Tucson, Arizona 85740 Fax No. 520 -575 -8454 13.0 Change of Address Any address or name specified above may be changed by notice given to the addressee by the other Party in accordance with this Paragraph. The inability to deliver 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 receipt 5 6492248 1 Marana Regular Council Meeting 09 -15 -2015 Page 157 of 163 of the notice as of the date of such inability to deliver or rejection or refusal to accept. Any notice to be given by any Party hereto may be given by the counsel for such Party. 14.0 Additional Documents Each of the Parties agrees to execute any and all documents necessary to effectuate the intent and purposes of this Agreement. 15.0 Entire Agreement This Agreement, together with any attachments or other documents expressly referred to or incorporated by reference herein, contains the entire Agreement of the Parties with respect to the subject matter herein, and constitutes and embodies the full and complete understanding and agreement of the Parties hereto with respect to the subject matter herein, and supersedes all prior understandings and agreements, whether oral or in writing. 16.0 Non - Discrimination The Parties agree to be bound by applicable state and federal laws, rules and regulations governing equal employment opportunity and prohibiting discrimination. 17.0 Inspection and Audit All books, accounts, reports, files and other records relating to this Agreement shall be subject at all reasonable times to inspection and audit by either Party for five (5) years after completion of performance under this Agreement, as required by A.R.S. § 35 -214 and any successor statutes. Such records shall be produced at the Arizona Attorney General's office or at the requesting party's principal office within a reasonable time after request is made therefore. 18.0 Conflicts of Interest The Parties acknowledge that either the Town or the District may, pursuant to A.R.S. § 38-511 or any successor statute, within three (3) years after execution of this Agreement, and without penalty or further obligation, cancel this Agreement if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or District is, at any time while the Agreement or any extension of the Agreement is en effect, an employee or agent of any other Party to the Agreement in any capacity or a consultant to any other Party of the Agreement with respect to its subject matter. 19.0 Governing Law The law of the State of Arizona shall govern this Agreement's interpretation and enforcement. 20.0 Dispute Resolution In the event that a dispute between or among the Parties to this Agreement should arise, to the extent required by law, and subject to applicable jurisdictional amounts, such dispute shall be resolved by arbitration pursuant to the Arizona Uniform Rules of Procedures for Arbitration and A.R.S. § 12 -1518. 21.0 Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. 22.0 Headings The headings and titles to the paragraphs of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. 6 6492248 1 Marana Regular Council Meeting 09 -15 -2015 Page 158 of 163 23.0 Severability In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforce ability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 24.0 Attorneys' Fees If either Party hereto breaches any provision of this Agreement, the breaching Party shall pay to the non - breaching Party all reasonable attorneys' fees and other costs and expenses incurred by the non - breaching Party in enforcing this Agreement or preparing for legal or other proceedings regardless of whether suit is instituted 25.0 Waiver A waiver of any breach or default shall not be a waiver of any other breach or default. 26.0 Force Maj eure Any prevention, delay, or stoppage due to Force Maj eure shall excuse the performance by a Party for a period equal to any such prevention, delay, or stoppage. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first written above. TOWN OF MARANA, ARIZONA, an Arizona municipal corporation B Printed Name: Its: Mayor Date: Attest: Jocelyn Bronson, Town Clerk Approved as to Form: Frank Cassidy, Town Attorney 7 6492248_1 Marana Regular Council Meeting 09 -15 -2015 METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, an Arizona municipal corporation 0 Printed Name: Its: Chairman of the Board Date: Attest: Warren Tenney, District Clerk Approved as to Form: Lewis Roca Rothgerber, LLP District Counsel Page 159 of 163 Schedule No. 1 Recharge Costs for 2016 (Example A) (MDWID to order and recharge 1,635.5 AF at AVRP -USF and assign to Marana the net allowable by ADWR following deductions for "cut to the aquifer" and evaporation, Recharge Cost Formula =Water Ordered x (Price of CAP Capital charge +CAP Delivery charge +Recharge O &M charge) + MDWID Administrative Charge Factor for USF For 2016 1 AF x ($23 /AF + $161 /AF + $16.39 /AF) x 1.02, or: 1.635.5 AF x $200.39 /AF x 1.02, or 1 AF x $204.40AF = $334 Payable on the last day of each month in twelve equal annual installments of $27,858.02. Recharge Costs for 2016 (Example B) (MDWID to order and recharge 1,635.5 AF at LSC -USF and assign to Marana the net allowable by ADWR following deductions for "cut to the aquifer" and evaporation, Recharge Cost Formula = Water Ordered x (Price of CAP Capital charge + CAP Delivery charge + Recharge O &M charge) + MDWID Administrative Charge Factor for USF For 2016 1 AF x ($23 /AF + $161 /AF + $15.00 /AF) x 1.02, or: 1.635.5 AF x $199.00 /AF x 1.02, or 1 AF x $202.98AF = $331 Payable on the last day of each month in twelve equal annual installments of $27,664.48. Recharge Costs for 2016 (Example C) (MDWID to order and recharge 1,635.5 AF at BKW -GSF and assign to Marana the net allowable by ADWR following deductions for "cut to the aquifer" and evaporation, Recharge Cost Formula = Water Ordered x (Price of CAP Capital charge + CAP Delivery charge) x MDWID Administrative Charge Factor for GSF For 2016 1 AF x ($23 /AF + $161 /AF) x 1.03, or: 1.635.5 AF x $184.00 /AF x 1.03, or 1 AF x $189.52AF = $309 Payable on the last day of each month in twelve equal annual installments of $25,830.000 6492248 1 Marana Regular Council Meeting 09 -15 -2015 Page 160 of 163 Recharge Credit Formula =Water Ordered x (1 — Percent of Evaporation Losses* — Percent Cut to the Aquifer) • Evaporation Loss values used below are only for illustration Recharge Credit Example for AVRP -USF For 2016 1 AF x (1 - 0.011) * (1 — 0.05), or 1 AF x 0.989 * 0.95 = 1 AF Recharge Credit Example for LSC -USF For 2016 1 AF x (1 - 0.012) * (1 — 0.05), or 1 AF x 0.988 * 0.95 = 1 AF Recharge Credit Example for BKW -GSF For 2016 1 AF x (1 - 0.00) * (1 — 0.05), or 1 AF x 0.95 = 1 AF Recharge Costs for 2061 through 2020 Except for the annual 3% increase for operation and maintenance costs at the recharge facilities, the Recharge Costs for the remaining years of this agreement shall be calculated in the same manner as the prior years. 9 6492248_1 Marana Regular Council Meeting 09 -15 -2015 Page 161 of 163 Schedule No. 2 Calculation of Marana's Proportional Cost for MDWID's CAP Order and Reconciliation Credits Example: Metro 2016 Order 11,912.0 2016 Deliveries for Marana 1,635.5 2016 Deliveries for Metro 10,276.5 Percent for Marana 13.73 Delivery Cost on 2016 Order @$161 /AF $1 Reconciliation Refund on 2016 Order @ $6.82/AF $81,239.84 Delivery Cost for Delivery Cost for Marana @ $161 /AF Metro @ $161 /AF $263,315.50 $1 Reconciliation Percent for Marana 13.73 Refund for Reconciliation Marana Refund for Metro Percent for @ $6.82/AF @ $6.82/AF Marana $11,154.11 $70 13.73 2016 Delivery Volume Equivalent to Marana Reconciliation Refund 2016 Reconciliation Volume = 2016 Reconciliation Refund/2016 Storage Cost 2016 Reconciliation Volume = $11 /(CAP Water Capital Cost +CAP Actual Delivery Cost + AVRP Storage Cost) x Administrative Charge for USF 2016 Reconciliation Volume = $11,154.11/($23/AF + $161 /AF +$1639 /AF) x 1.02 2016 Reconciliation Volume = $11,154.11/($200.39/AF) x 1.02 2016 Reconciliation Volume = $11,154.11/$204.40/AF) 2016 Reconciliation Volume = 54.57 AF 2016 Reconciliation Credits after Regulatory Deductions 10 6492248_1 Marana Regular Council Meeting 09 -15 -2015 Page 162 of 163 Equivalent to Volume Stored at AVRP from Marana Reconciliation Refund 2016 Reconciliation Credits to Marana = Volume Stored x (1- % Evaporation) * (1- Cut to Aquifer %) 2016 Reconciliation Credits to Marana = 54.57 AF x (1- 0.011) * (1— 0.05) 2016 Reconciliation Credits to Marana = 54.57 AF x 0.989 * 0.95 2016 Reconciliation Credits to Marana = 51.27 AF Calculation for Additional Credits to Marana from In -Lieu Rebate at BKW -GSF Example In -Lieu Rebate from Marana GSF Storage = Marana Stored Volume at BKW -GSF x BKW -GSF In -Lieu Rebate In -Lieu Rebate from Marana GSF Storage = 1,635.5 AF x $12 /AF In -Lieu Rebate from Marana GSF Storage = $19,626.00 Credits Earned from Marana GSF Storage = In -Lieu Rebate from Marana GSF Storage /[(Price of CAP Capital Charge +Price of CAP Delivery Charge) x MDWID Administrative Charge Factor for GSF] Credits Earned from Marana GSF Storage = $19,626.00 /[($23 /AF + $161 /AF) x 1.03] Credits Earned from Marana GSF Storage = $19,626.00 /($184 /AF x 1.03) Credits Earned from Marana GSF Storage = $19,626.00/($189.52/AF) Credits Earned from Marana GSF Storage = 103.56 AF 11 6492248_1 Marana Regular Council Meeting 09 -15 -2015 Page 163 of 163