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HomeMy WebLinkAboutCouncil Agenda Packet 08/03/2004TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 3, 2004 - 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than July 30, 2004 by 7:00 o'clock p.m., at the Marana Town Hall and at www.marana.com under Town Clerk, Minutes and Agendas. TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 3, 2004 - 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the June 29, 2004 Study Session Minutes of the July 20, 2004 Council Meeting VII. VIII. IX. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. STAFF REPORTS GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda items requiring action by the Council which are generally routine items not requiring council discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. Resolution No. 2004-106: Relating to Development; approving and authorizing the execution of a second amendment to the Saguaro Ranch pre-annexation and development agreement (Frank Cassidy) Resolution No. 2004-109: Relating to Homeland Security; approving an Intergovernmental Agreement between the Town of Marana and Pima County for the disbursement of funds under the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program administered by the Pima County Health 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 3, 2004 - 7:00 p.m. Department for the benefit of the Town of Marana Police Department (Richard Vidaurri) 3. Resolution No. 2004-110: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block I (Kevin Kish) 4. Resolution No. 2004-111: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 2 (Kevin Kish) 5. Resolution No. 2004-112: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 3 (Kevin Kish) 6. Resolution No. 2004-113: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 4 (Kevin Kish) Resolution No. 2004-115: Relating to Public Works; approving the abandonment of a portion of El Camino de Manana Road between Tangerine Road and Thornydale Road; and declaring an emergency (Harvey Gill) o Resolution No. 2004-121: Relating to Street Naming; authorizing the renaming of "Gallery Canyon Drive" (Private Street) within The Gallery Parcel 3, The Golf Villas at Solana and The Gallery Parcel 4B at Dove Mountain Subdivisions to "Paseo Vista Solana" (Private Street) (Harvey Gill) B. COUNCIL ACTION 1. Presentation: Reconstruction of the Eastbound on-ramp at Cortaro Road and 1-10 (Harvey Gill) o Resolution No. 2004-103: Relating to intergovernmental relations; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County and the Pima County Library District for Continental Ranch Library (Frank Cassidy) 3. PUBLIC HEARING. Resolution No. 2004-114: Relating to Subdivisions; Approving a Preliminary Plat for Continental Reserve Block 17 (Kevin Kish) Resolution No. 2004-116: Relating to Elections; approving an Intergovernmental Agreement between the Town of Marana and Pima County Division of Elections for the provisions of election services for the period July 1, 2004 through June 30, 2005 (Jocelyn Bronson) 5o Resolution No. 2004-119: Relating to Personnel; approving and authorizing the execution of changes to the loan provisions of the ICMA-RC 401(a) Defined Contribution plan and the 457 Deferred Compensation savings plan (Jane Howell) 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road August 3, 2004 - 7:00 p.m. C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 Marana Chamber of Commerce 2003 - 2004 Year in Review FY 2003-04 Year in Review Improving relationships and communications with the Town of Marana · To keep an open line of communication between the Town of Marana and the Marana Chamber of Commerce Ed meets with Mike Reuwsaat once a month. · Ed has attended and spoken at Town Council meetings and at the BAC. · At the beginning of the year Ed spoke with the Mayor and Town Council members to find out their personal opinions about the value of the Marana chamber. · Ed provides quarterly reports to the Mayor and Council. · Jay Schwartz and Ed were asked by Mike Reuwsaat to be on the Marana Citizens Transportation Committee. Improving Public Relations · Ed, presently, sits on the following boards: Marana Health Center Youth Council Board Miracle in Marana. · The Marana Chamber of Commeme is part of the CREW program in Marana. Improving the relationship with the Town of Marana and the Marana Chamber on economic development. · The Chamber, in April, started an Economic Development and Government Affairs Committee. The committee meets on the fourth Thursday of each month at the Marana Development Center. · Ed and Dick Gear attended a meeting with GTEC to discuss economic development in Marana. Increase membership and add value to the chamber membership · The Membership Committee has developed a Member-to-Member discount program, which will start in January 2005. · A Chamber survey was completed in July 2004. · We continue with the State Compensation Bonus Dividend Fund. We are on probation for 2004. · Spent time developing relationships with members and non-members to retain membership and recruit new members. · The Chamber has partnered with MUSD to start a job shadowing program at Marana and Mountain View High Schools. · After the Dining & Divots breakfasts have ended, the chamber will start meeting once a month for a non-golf breakfast. This will increase opportunities for networking. · The luncheons have averaged 70 people, an increase of about 20%. The lunches at the church provide a good environment for networking. Develop Marketing Strategies · The Town of Marana provides the Chamber with the names of all new businesses that apply for business licenses. The Chamber calls each new business and follows up with the information the business needs. · Developed procedures for new businesses coming into Marana. · The Chamber gave 10% of the net profit from our special events back to the community. · The Marana Chamber participated in 12 grand openings and ribbon cuttings. Events and Activities · The golf tournament in December. · Man & Woman of the Year · The Adult / TEEn golf tournament. · The bowling tournament. · July 4th - Ice Cream Social. Financial/management · Developed an easier way to do our P & L statements for the Board. · We are keeping our office expenditures below budget. Visitor Center: · The Chamber is working to improve the interior and exterior of the visitor center. We have painted, and have ordered new brochure and business card racks. · In April 2004 ADOT replaced the Visitor Information signs on I- 10. lstQtr2003 lstQ~2004 2ndQ~2003 2nd Qtr2004 Vi~tom: In-~e visitors: 115 108 62 93 Out ofstate visitors: 295 234 93 207 Foreign: 33 33 11 70 Total: 383 375 166 370 Mail: Tourism requests: 15 9 7 7 Relocation packets: 31 33 23 21 Business requests: 56 19 14 19 Total: 102 61 44 47 Web-Site Hits: 6931 7027 7373 Dropped Members Z Companies ~ Co co m MINUTESOF REGUL ~AR CO ~IONC~ MEETING ~A ~Y 20, 200~ II. III. PLACE AND DATE Marana Town Hall, July 20, 2004 CALL TO ORDER By Vice Mayor Kal at 7:04p.m. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL Vo COUNCIL Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member STAFF Mike Reuwsaat Jaret Barr Frank Cassidy Jocelyn Bronson Jim DeGrood Kevin Kish Jack Avis Excused Present Present Excused Present Present Present Town Manager Present Assistant Town Manager Present Town Attorney Present Town Clerk Present Executive Asst. to the Town Manager Present Interim Planning Director Present GIS Manager Present Attached is a list of public attendees. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded McGorray, the agenda was unanimously approved. by Council Member MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 20, 2004 VI. ACCEPTANCE OF MINUTES Ms. Bronson asked that the Council disregard the Gladden Farms Community Facilities District Board minutes which were included in the Council packet by mistake. She asked that the Council vote only on the acceptance of the July 15, 2004 regular Council meeting minutes. Upon motion by Council Member McGorray, seconded by Council Member Honea, the July 15, 2004 Town Council minutes were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Ms. Bronson spoke about voter registration and several important dates associated with the upcoming election September 7, 2004. She pointed out that, while the election was a Pima County one, the Town had a measure, the Willow Ridge Rezone Referendum, on that ballot as well. She explained that June 7~h was the first day early mail ballots were made available to the public and that early voting began on August 5th. She noted that the last day to register to vote was Monday, August 9% and the last day to request an early mail ballot was Friday, August 27~h. She said that there were two early voting sites available to the Marana residents, the Pima County Recorder's office located at 115 N. Church and in Marana at 3912 W. Ina Road, Suite 212. She said that these sites would open Monday through Friday, 8:00 a.m. to 5:00 p.m. Ms. Bronson pointed out that early voting continued until September 2na and that she had plenty of voter registration forms and early mail ballot request forms as well as copies of the Marana Land Development Code regarding political signage. She added that Mr. Kish had sign permit applications available, too. The Town Clerk remarked that, in accordance with the Marana Town Code, the regularly scheduled Town Council meeting on September 7th would be held on Wednesday, September 8th. Vice Mayor Kai thanked the Town Clerk for the valuable voter information. He urged everyone to participate in the voting process and pointed out that it was an important election for the Town of Marana. Sarah Mauet, a reporter with the Arizona Daily Star, acknowledged that the Council meeting would be the last that she covered for the publication. She said that she was continuing with the newspaper in another capacity. Vice Mayor Kai thanked Ms. Mauet for her past coverage of the Council and wished her well in any future endeavors. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 20, 2004 VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2004-65: Relating to Personnel; Adopting a proposed amendment to the Town's Personnel Policies Manual, revising Policy 5-6, PROBLEM RESOLUTION (Mike Reuwsaat) Resolution No. 2004-104: Relating to Water Service; Approving and authorizing the execution of the Agreement between the Town of Marana and Northwest Fire District for Construction of Water Facilities Under Private Contract for Northwest Fire Station//36 (Brad DeSpain) o Resolution No. 2004-105: Relating to Water Service; Approving and authorizing the execution of the First Amendment to Town of Marana Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service between the Town of Marana and BCIF Group, LLC, pertaining to the San Lucas Development (Brad DeSpain) o Resolution No. 2004-108: Relating to the Marana Regional Airport; Accepting a Grant Agreement between the FAA and the Town of Marana for pavement maintenance and land acquisition at the Marana Regional Airport (Charlie Mangum) Resolution No. 2004-101: Relating to Road Improvements; Approving an intergovernmental Agreement between the Town of Marana and Arizona Department of Transportation for the improvement to Tangerine Road from the Breakers to Thornydale Road (Harvey Gill) Upon motion by Council Member Escobedo, seconded by Council Member Blake, the consent agenda was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 20, 2004 B. COUNCIL ACTION 1. Presentation on Santa Cruz Valley National Heritage Area (Jim DeGrood) Ora Ham, Marana Museum Curator, spoke before the Council regarding the effort to have the Santa Cruz Valley designated by Congress as a National Heritage Area. She said that this designation would afford the area special funding privileges and other opportunities related to tourism as well as historical and cultural projects. She noted that there was a broad spectrum of stakeholders working on this important project including local governments, federal and state land and park managers, agencies, organizations, and businesses interested in regional economic growth, groups involved in historic preservation, nature conservation, and environmental education, and non-profit organizations associated with the preservation of heritage and nature resources. Ms. Ham explained that the proposed boundaries of the Heritage Area included the upper and middle watershed of the Santa Cruz River, from Marana to Nogales, Arizona. She introduced Jonathan Mabry, a leader in the designation effort and a representative of the Center for Desert Archaeology. Mr. Mabry spoke regarding the building of regional support for the designation effort. He provided the Council with an informational sheet listing the various governments, agencies, and organizations involved in the project and a pamphlet describing the project. These materials have been made a permanent part of the record. He reported that formal support had been acquired from 99% of the local governments within the proposed National Heritage Area. He added that progress had also been made in the public outreach and feasibility study areas. He said that a series of public meetings across the region had been held and that he would like to have a Town Meeting in Marana to educate the residents about the project. He said that the feasibility study work had begun and that a goal for completion was set by the end of September 2004. He said that the study would be presented to the Congressional sponsors in Washington at that point where the staff members of Senator McCain, Congressman Grijalva, and Congressman Kolbe would review the materials. Mr. Mabry noted that he would also send the public input with the study. He explained that, after the area was created, it would have some real benefits for this region and said that other national heritage areas in the nation have seen significant boosts in various types of tourisms. He stated that the designation would bring long term economic benefits to Marana and that it would be only the third national heritage area in the western United States and the first one on the border with Mexico. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 20, 2004 Mr. Mabry said that Marana and the new Heritage Park being planned here would be the northern gateway to this new national heritage area. He said that Marana would see all kinds of benefits from this project. Vice Mayor Kai wished Mr. Mabry luck in this endeavor and said that it was a very worthwhile project. He said that he hoped the Town continued to participate and help. Public Hearing. Ordinance No. 2004.18: Relating to development; rezoning 230-acres of land from "R-144' to zone "F' and creating the Tortolita Vistas Specific Plan on property located south of Moore Road and west of Thornydale Road (Kevin Kish) Upon motion by Council McGorray, seconded by Council Member Honea, unanimous approval to go into public hearing was given. Mr. Reuwsaat spoke regarding this item and the following item which he said were intricately connected. He asked that the two items be considered together when the Council voted. Mr. Kish gave a brief description of the proposed development. He said that a minor amendment to the Marana General Plan was incorporated into this process and was changing the Rural Density Residential zoning designation to Master Planning Area. He said that two land use designations were planned for this project, Clustered Residential Area (RA) and Open Space (OS). He noted that the traffic circulation would be regulated by a loop system internally connecting Moore and Thornydale Roads and that all local streets would comply with the town's Local Street standards. He said that there were significant natural resources in the subject area and that the Specific Plan employed various methods to ensure that development procedures were appropriate for clustering the proposed development. He described the lot size and home placement within the subdivision. Vice Mayor Kai asked if there were any speakers from the audience wishing to comment during a public hearing on this item. He also reported that three letters of opposition had been received. These letters have been made a permanent part of this record. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 20, 2004 Doug McVie, resident, voiced his opposition to this development agreement and rezoning. He commented that only Marana would increase the land use density by three times and still consider the amendment to the General Plan minor. He said that the land in question was sensitive habitat and that the existent zoning designation would only allow 69 homes, with a maximum in the General Plan of 115 residences. He said that it was his understanding that U.S. Fish and Wildlife had not had any contact with the Town in well over a year in regard to this project. He said that he was concerned that commercial development would be placed to the south of the Tortolita Vista development at a later date after this project was completed. He said that it was unwise to "up-zone" these sensitive lands. Lou Benson, Pima County resident, spoke before the Council regarding his opposition to this development. He said that the current zoning allowed 92 houses on this property and that it was critical habitat for the pygmy-owl which called for more sensitive applications. He said that the characterization of the General Plan amendment as minor was misleading. He noted that there were no other residential developments in the area similar to this project and that it was not within the character of the neighborhood. Carol Smith, Marana resident, spoke to the Council about her opposition to the proposed development. She said that the character of land was already compromised from ranch land down to 3.3 residences per acre. She asked that the zoning remain the same and that tract housing not be allowed. Upon motion by Council Member Escobedo, seconded by Council Member Blake, unanimous approval to go out of public hearing was given. 2.b. Resolution No. 2004-100: Relating to Development; approving and authorizing the execution of a development agreement regarding the Tortolita Vista development project. Mr. Cassidy said that Mr. Kish had reviewed the high points of the development agreement and that he would be happy to answer any questions. He said that the two actions, the rezoning and the development agreement, were designed to go to Council vote in tandem. Vice Mayor Kai inquired about the site disturbance and when U.S. Fish and Wildlife would come into the project. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 20, 2004 Mr. Barr replied that, as with all of the Town's development agreements and subdivision plats, compliance with all requirements of the Endangered Species Act and other federal and state agencies was mandatory. Mr. Reuwsaat said that U.S. Fish and Wildlife was aware of this project and that the project was redesigned to ensure open access to the wildlife corridors. He said that the Town was asking for no more than a maximum of a 40% disturbance. Upon motion by Council Member Honea, seconded by Council Member McGorray, Ordinance No. 2004.18 and Resolution No. 2004-100 were unanimously approved. oao Ordinance No. 2004.17: Relating to Zoning; modifying Condition 13 of the Gladden Farms rezoning as set forth in Ordinance No. 2000.09 (Frank Cassidy) Mr. Cassidy spoke to the Council regarding the proposed modification to the Gladden Farms rezoning Condition//13 contained in Marana Ordinance No. 2000.09. He said that the original rezoning of this property was for two school sites but that the Marana Unified School District (MUSD) had indicated they preferred to receive in-lieu funds instead of the second school site. He added that the amendment of the development agreement, the following proposed action, went hand in hand with this action and was for a voluntary school improvement contribution fee of $900 per residential lot within phases 2, 3, and 4. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Resolution No. 2004-102 and Ordinance No. 2004.17 were unanimously approved. 3.bo Resolution No. 2004-102: Relating to Development; approving and authorizing the execution of a second amendment to the Gladden Farms development agreement (Frank Cassidy) This resolution was approved under the previous item. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JULY 20, 2004 4. Presentation: Development Services Enhancement Team 3, Mission and Expectations Statement Triangle (Jack Avis) Mr. Avis spoke about the Development Services Enhancement Team and said that the team had developed a Mission and Expectations statement. He noted that this statement was contained on a 3D Triangle design which could be displayed in the work place. Mr. Bart thanked the team for its outstanding work and said that they have inspired others. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reported that the Marana Teen Advisory Council (MTAC) attended the Chamber of Commerce luncheon last week and that some of the State representatives were also present. He said that Representative Steve Huffman was interested in scheduling a visit to Phoenix by the MTAC members in order for the youth to assist in writing a bill related to teen speeding. Vice Mayor Kai reported on his attendance at a CAP meeting in Page, Arizona. He said that the group took a tour of Lake Powell where the water level was down over 120 feet. He noted that this was a dire situation for the lake area. He said that the group also toured the Navajo Generation Station, a coal-fired power plant operated by Salt River. D. MANAGERS' REPORT Mr. Reuwsaat reported on his recent vacation and said that he was glad to be back in Arizona. X. FUTURE AGENDA ITEMS There were no items suggested for future agendas. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN ~L JULY 20, 2004 XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 8:42 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 20, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk II. MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JLrNE 29, 2004 PLACE AND DATE Marana Town Hall, June 29, 2004 CALL TO ORDER By Mayor Sutton at 5:03 p.m. The study session was held informally, and no official roll call was given. Vice Mayor Kai was excused from the study session. All other council members were present and seated at the dais. Council Member Escobedo was excused at 6:00 p.m. Senior staff and Town consultants in attendance included Mike Reuwsaat, Jocelyn Bronson. Also present were Tammy Reyes, Jeff Comer, Andy Wills, Vickie Edwards, and Jamie Eggold for Northwest Medical Center. A list of public attendees is attached. III. GENERAL ORDER OF BUSINESS 2. Study Session: Presentation of an overview of Northwest Regional Hospital with regard to future development of health-care services in Marana. (Jeff Comer) Mayor Sutton called the study session to order. Mayor Sutton skipped to item two on the agenda, introducing Mr. Comer, CEO, Northwest Medical Center. Mr. Comer began by thanking the Council for the opportunity to present the future development of health care services and those currently underway by Northwest Medical Center in Marana. Mr. Comer introduced Mr. Andy Wills, Administrative Director of Outpatient Services; Ms. Vickie Edwards, Director of Physician Services; and Jamie Eggold, Director of Marketing. Mr. Comer stated that Triad Hospitals is the parent company of Northwest Regional Hospital and is the third largest investor-owned hospital company in the country, being traded on the New York Stock Exchange under TRI. The company owns 57 hospitals, ranging from Alaska to Arizona to the East Coast, into Indiana and Ohio. A project is currently underway in Ireland. Triad has about 18 surgery centers and about 200 hospitals not owned by Triad but managed by Triad under management contracts. Triad has 40,000 employees and is celebrating its fifth anniversary on May 19, 2004, in contrast to Northwest Medical Center, celebrating its 20th anniversary on September 25, 2003. On the 30th of September 2003, there was a formal ground breaking for the new hospital in Oro Valley, which will be completed in November 2004, admitting patients beginning January 12, 2005. This is about an $85 million project and will serve the growing Oro Valley area. MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 In 2003 and 2004, Northwest Medical Center has been awarded as one of the top hospitals in the country. The ratings were performed by an independent rating agency that looks at hospital performance with regard to financial performance, as well as quality and other indicators, awarding hospitals the top ranking. In 2003, Northwest Medical Center was ranked in the top 100 hospitals in the medium-sized community hospital. In 2004, Northwest Medical Center was ranked in the top 100 hospitals in the large community hospital ranking. Only one other hospital in the state received that prestigious award in 2004, and that was Boswell Hospital in Sun City. The hospital has 2,000 employees, has a medical staff of 850, 350 volunteers, and a senior friends program that numbers 8,000. Many volunteers and senior friends live in Marana. Northwest Medical Center has been serving the Town of Marana for 20 years and has been a steadfast and constant supporter of Marana Health Center and expects to continue helping and supporting the Marana Health Center. Mr. Comer referred to two recent instances where he has had the opportunity to refer health care workers to Clarence [Vatne]. He said that as the Marana community grows and develops, it will expect to have a first-class, state-of-the-art health care system in Marana; and the reason for representatives of Northwest Medical Center being present in this meeting is to present ways to address the health care needs of Marana, in conjunction with the Marana Health Center. A date has been set for the 19th or 20th of July to do some joint planning with the board of the Marana Health Center. The presentation at this meeting is in regard to an ambulatory health center. He said about two years ago he began looking for a site, and from the three sites which were considered, the site selected was Diamond Venture's on Continental Reserve Loop Road. That is the project currently underway to be discussed in this meeting. He said another project he wanted to discuss is beginning thoughts on a location for a hospital. Mr. Comer said the approach in Oro Valley is very similar to the proposal for Marana. The proposal is for about a 35,000 square feet ambulatory center, which Mr. Wills will be describing. As the community grows and there is a need for a hospital, a state-of-the-art facility could quickly he constructed. He offered to arrange a tour of the Oro Valley facility if there is an interest. Over the past 8 years, about $90 million has been spent on the Northwest Medical Center campus on Orange Grove and La Cholla. Mr. Comer said Mr. Andy Wills would discuss the ambulatory center and the services, and Ms. Vickie Edwards would explain how physicians are recruited, followed by Ms. Jamie Eggold, who would discuss the commitment to the Marana community. MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 Mr. Wills, Administrative Director of Outpatient Services, began by presenting a drawing by Ms. Julie Heighten (phonetic), architect, showing what the Northwest Medical Center's Urgent Care, Marana will look like. He said the facility at Rancho Vistoso is very similar to the proposed facility in Marana and would be virtually the same with regard to the types of services offered, with the exception of CT and MRI. Ms. Comerford questioned Mr. Wills regarding feedback from the community. Mr. Wills explained there were different stories regarding the location of the facility. Mr. Wills explained the location chosen is a 10-acre site on the southeast corner of Continental Reserve Loop Road and Silverbell. The ambulatory facility will be located on roughly 3.6 acres of the 10-acre site. He explained there would be other buildings located on the perimeter of the property. He pointed out it would be close to Silverbell Road and would be perpendicular to the road. One member asked Mr. Wills to point out the site. Mr. Wills pointed out the location, stating it is triangular, and he also pointed out the proposed location of the Northwest Medical Center. Ms. Comerford asked what the property was zoned for. Mayor Sutton said the area is appropriately zoned and will not require rezoning. There was discussion regarding which road it would be facing. Mr. Wills pointed out the side would be facing Silverbell, and the building front will be facing an interior spine road. Using a drawing, Mr. Wills indicated where the building would be, showing where there would be a covered walkway/entryway for vehicles to drive in. He said there are 236 parking spaces in the perimeter around that building. For a 35,000-square- foot building, 210 spaces are required. He pointed out 36 spaces of covered parking. He also pointed out the eight buildings on the perimeter are proposed, professional office buildings. Diamond Ventures is in control of developing the remainder of the property. Ms. Comerford asked about an entry from Silverbell and was told it would be similar to a commercial driveway that one would expect. An observation was made that on the drawing it looks like a one-way. Mr. Wills explained it is a right in, right out. Mr. Wills said there has been some question as to whether or not there could be a left turn entrance. There was discussion regarding crossing the median of Silverbell is problematic right now. Mr. Wills said they had hoped a left mrn would be an option to be considered. An observation was made by Ms. Comerford that it would be safer to enter from the Loop Road. Another observation as made that it would be close to MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 the light. Mr. Wills explained the entrance to the spine road is off Continental Reserve Loop Road. He explained they had planned for there to be a right in, right out, but the question ora left turn entrance would be for the Council to decide. Mr. Wills then presented a detailed drawing of the interior of the building. The building is broken into two halves. One half is for offices for physicians and for some other uses that are planned. The other half of the building is where the urgent care and outpatient services will be provided. In the urgent care portion of the facility, there will be 12 examination rooms and two close-monitor/observation rooms and a central nurses' station. He pointed out the areas for diagnostic imaging, radiography, mammography, an area for a laboratory. He explained there are a lot of walk-in patients in Rancho Vistoso for laboratory services, which has a separate check-in. There will be a community classroom, which is utilized by various groups and some health education events presented by physicians for various things. Mr. Wills pointed out the planned six physician offices, which will accommodate either one or two physicians per office. In Rancho Vistoso, there is a rotating physician clinic, which would generally be specialists who would be at the clinic one or two days a week. There is an office to accommodate physical therapy services. TRANSCRIBER'S NOTE: There was a lengthy discussion, I think by Mr. Wills, that was not audible enough to discern what he was saying. Mayor Sutton noted that the demographics are considerably different in Continental Ranch than they are in Rancho Vistoso, but the models are them same. He asked about the specialties and services. Mr. Wills said they were focusing on primary care, which Ms. Edwards would address. Ms. Vickie Edwards, Director of Physician Services, explained that a physician supply/demand analysis is done in new areas, considering the population, age groups, incidents of disease, the type of physicians that are appropriate for a specific community. In the physician supply/demand analysis done for Marana, it was clear there are two types of people living here: young families, lots of children, obstetrical/gynecological services, in addition to the geriatric community. With the initial analysis done, it makes sense to start out with a good family physician, a gerontologist, a pediatrician, and an obstetrician/gynecologist. She said in the time- share suite, there would be an analogy of the demographics to assess which sub- specialists would be better utilized. Ms. Edwards acknowledged that Marana does not have a lot of medical services, so the goal is to bring health care into Marana. She went on to say there is a commitment to bringing in more physicians to serve the needs of the community. As a result of the demand analysis, there will be recruitment of almost a hundred new MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 physicians between now and 2008. Many of those will be positioned in Marana. Ms. Edwards said there have been community forums in the Sunflower community over the last year and gotten good feedback from people who live there about the types of specialties they would like to have represented. She said she would welcome any feedback on the types of physicians people would like to have in Marana. She offered to use her influence to recruit specific physicians and encourage them to at least have a part time practice. TRANSCRIBER'S NOTE: Again, I think Mr. Wills, and inaudible. Mayor Sutton talked about getting with members of the community and determining what is needed will help with the recruitment process. TRANSCRIBER'S NOTE: There was another lengthy, inaudible conversation. I think the gist of it was where people from Dove Mountain would go for medical care. Ms. Eggold, Marketing Director, explained a community council is utilized in helping determine what is needed in the community. She said they like to build a community council from a cross-section of the community. The purpose is to being all segments of the population together to give feedback and input from friends and neighbors and co-workers on the type of services needed in the community, and what the community would like to see from Northwest Medical Center as a good corporate citizen, she said they have begun collecting names of persons for a community council. She stated these will be people representing a wide range of needs, involving both retired and working people. Ms. Comerford expressed her concern with using the Sunflower community as a guideline since that is a retirement community and there is a need to incorporate consideration of families and their needs. Ms. Eggold said they do plan to have a community forum at Coyote Trails School in the fall. Ms. Comerford expressed concern about community attendance. Mayor Sutton said there has been interest in the community about the proposed health care facility and a general excitement of having health care close to home. He agreed a lot of people may not attend, but there needs to be a good sampling of council members so it can be well used and cross-functional with the various needs. Ms. Eggold said they would help with communicating with the community who are unable to attend the forums. She posed the question of what a new facility is going to do to be a good corporate citizen. Something that Northwest is doing now is the Care 5 MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 for Kids program. $10,000 is contributed to the Marana School District so kids can come to the Ina/Shannon Urgent Care and ER to get free care, which will be continued. Northwest also sponsors the Marana Med-Start Program, which was started almost 4 years ago with Lori Vargo (phonetic) from Marana High School. There are about 27 kids in the program right now, which has graduated their first class. They start as juniors and go through a curriculum at the high school. They go through a program with the hospital in their junior year, and then do an internship at the hospital their senior year. Northwest is also developing a scholarship program so students may be awarded money to further their education in health care. In the past, Northwest has been sponsors of the Fourth of July and Founder's Day events and work very closely with the Chamber of Commerce. She invited any ideas people may have. There will also be support for the Marana Arts Council. Mr. Reuwsaat referenced a presentation he had given about two months ago about the growth. The board expressed their interest in the Continental Ranch Area and meeting the immediate needs but, also, looking to a long-term partnership as Marana grows, so it was a good opportunity to show them what is expected for the entire community of Marana over the next 20 years. Mr. Comer had asked for names, and Mr. Reuwsaat submitted some names for the community council. If any of you would like to be a part of that or know other people who would like to be a part of that, he asked that those names be submitted to him, and he will pass them on to Mr. Comer. Mayor Sutton asked Mr. Comer to address a new hospital in the future. Mr. Comer began by saying they believe there are immediate needs and long-term goals. The facility being proposed at this time is considered meeting an immediate need. The long-term goal as the community grows is being able to commit to this community as has been committed to Northwest and Oro Valley, a first-class, acute- care hospital. The one in Oro Valley is becoming a prototype for Triad. A lot of time went into planning that facility, and it's very much outpatient oriented, which is the trend in health care today. Mr. Comer said they would like to locate a site right now, working with the Town administration and with Council and the community, as was done in Oro Valley, setting aside the site, making it a part of the community's planning so that it's planned well within the general plan and master plan. As the population grows, the construction of a first-class, state-of-the-art hospital would be underway. The chairman of our company, Denny Shelton, has been here. He is personally committed to this project and to Marana, and he will come out any time and meet with the 6 MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 Council. Mr. Comer said they have been looking at a site off the Marana exchange and want to be as close to Interstate 10 as possible. He said the would like for it to be in conjunction with Marana's planning so it is consistent. Health care needs to be accessible. He said they are looking for a site of not less than 25 acres. He said he has spoken with Clarence at the Marana Health Center and offered to work together in putting a campus together in all health care needs. He said a community college, with the idea of a campus that would embody not only health care and acute health care in the Marana Health Center, but also a community college, because health care and education work together, being a clinic and a setting for training young people in health, so it would work well to be in conjunction with a community college. Mr. Comer said Northwest is committed to working with Marana. Triad is committed to the capital, the resources, and it's a matter of time as Marana grows. He said he thinks it may only be 3 or 4 years away. Mr. Escobedo asked how many square feet and how many stories the facility in Oro Valley is. Mr. Comer said the facility is four stories and 239,000 square feet, with a fourth floor shelled in. The hospital will open with 96 beds. The fourth floor can be converted into either an OB service or more medical surgery beds. If it went for medical surgery, it would result in an immediate increase to 126 beds. There is an 80,000 square foot medical office building adjacent to the hospital, and that building is 68 percent leased right now. Some of the physicians are coming from the Northwest facility; some are growing their practices and relocating there, others are being recruited in with Ms. Eggold's guidance into that community. Mr. Comer said the Oro Valley facility is planned for expansion, so another four- story wing Jan be built, which would bring it to over 200 beds. There was a question regarding height of a four-story building. Mr. Escobedo estimated it to be 50 to 60 feet. Since Oro Valley did not have codes for building a hospital, Northwest worked with Oro Valley and Pima County in developing codes, with a sensitivity to lighting and traffic. Ms. McGorray asked about the expansion as needed or if the site wouldn't grow any bigger. Mr. Comer said there was a difference in the site in Marana and the Oro Valley site. When the land in Oro Valley was bought about 8 years ago, it was only 6 acres. The Town required it to be only one story and set back 150 feet from Oracle. The most that could be built on that was 52,000 square feet. The site in Marana is 11 acres, and there is opportunity for Diamond to build multiple facilities around it, MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 which they are proposing, some of which would be medically related. Mr. Comer said this facility will tie in very closely to a new hospital. The Rancho Vistoso facility that was built about 5 years ago will be under the new hospital, and they will be managed as one facility. He expects that when a hospital is built, it will be a component of a health care system for Marana, along with the Marana Health Center, being an integrated health care system. The planning is in terms of mom outpatient orientation and mom integration. Northwest Medical Center has 278 beds and will become the tertiary center, doing more of the more difficult, high-end cases. The Oro Valley and Marana facilities will be more community oriented. Mayor Sutton noted the Marana exit becomes the center point that has been identified for institutions like this, Pima Community College. There has been discussion with the college expanding about their program and offering a nursing program in Marana. Mr. Comer said the average wage for employees is over $22 an hour, so with 300- plus employees in Oro Valley, it is a tremendous economic impact on employment, plus the physicians who are recruited into the community. He said the facility is for Marana and is to meet the needs of Marana and that Northwest is committed to working with Marana in any way. 1. Study Session: Fourth of July Celebration Update (Tammy Reyes) Mayor Sutton called on Tammy Reyes for presentation of the Fourth of July Celebration Update. Ms. Reyes said the theme for the celebration is Marana Salutes America. The Fort Huachuca military band is being brought in, along with representation of each of the military branches. There will also be representatives of the Border Patrol, VFW, the police department, fire department, Arizona Rangers. In conjunction with that, there will be an equestrian event in the arena. There will be a youth timed event for an hour and a half. It's going to be for children who do not have horses. All children will be able to participate in the different events at the arena. Them will be a few food and beverage vendors in that area. Marana Junior High will be set up for the volunteer parking along with Estes. There are three handicap parking lots, two in the main park, along with the one alongside the Lon Adams Road/Barnett intersection. The main stage will feature the Fort Huachuca military band, along with East to West. There will be a second stage by the Pavilion with karaoke. The ice cream social will, also, be by the Pavilion. The adult/teenage area will incorporate a softball game, MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 horseshoes, burlap sack races, inflatables (sic) for children of all ages. There will be a special needs area within the park for seating and participation in all the events. There will be 69 vendors, 28 food vendors with a variety of food. Following a question regarding parking by Mayor Sutton, Ms. Reyes said the main parking is the field behind the bus barn. The parking at Marana Junior High will be for volunteers. The airfield is the second parking lot. When the first parking lot fills up, then police department has set up a couple officers who will be at the airfield. Mayor Sutton asked how many parking spaces there were. Ms. Reyes said there are 25 set up at the airfield and 2,500 set up at the field next to the arena. In response to the number of cars parked last Fourth of July, there were approximately 800 vehicles in the field adjacent to the arena. The airfield lot was not used last year. Marana Unified School District and Twin Peaks Elementary School will provide shuttle service from the Trico Electric Co-op. Public parking on site is $5, including handicap parking. The shuttle service is $2 per adult and/or two cans of food, and children will ride free. In answer to a question regarding the fireworks show, Ms. Reyes said currently there is 1,026, which will be the biggest fireworks display in Marana history. There was discussion with regard to attendance. Mayor Sutton said he would like to thank Ms. Reyes and the Parks and Recreation and all the staff. In response to a question regarding the largest number of people attending an event in Marana, Ms. Reyes said that the last Fourth of July, there was about 10,000. Founders Day last year was 4,000. In response to a question of what is expected, Ms. Reyes said this is expected to he the biggest event in Marana history. Ms. Reyes said she expects 15,000 or more, and another council member estimated 25,000. Study Session: Town of Marana Pygmy Owl Conservation Strategy Augmentation Alternative. (Mike ReuwsaaO Moving on to item three on the agenda, Mayor Sutton called on Mike Reuwsaat. Mr. Reuwsaat introduced people in the audience who have participated in the Town of Marana Pygmy Owl Conservation Strategy: Leslie Liberti, Sherrie Merek (phonetic), U.S. Fish and Wildlife; Scott Richardson, U.S. Fish and Wildlife. Developers present are Alex and (UI) from Forest City. Mr. Reuwsaat said that for well over six months, a lot of work has gone into coming to a solution for the pygmy owl conservation and development. He said this is really MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 about timing and opportunity, in going from a crisis situation in 1997, when the pygmy owl was listed as an endangered species and no one knowing what to expect from both an environmental standpoint and from a development standpoint, to the following presentation, which will provide environmental certainty and regulatory certainty from the development standpoint. It will provide a balance between the human-built environment and the natural environment, mostly it puts forth the concept that we can move towards in corporation of a habitat/conservation plan, a section 10 permit that provides certainty for all the parties so they know where the lines are drawn and how things work so both the environment and development can do well. Mr. Reuwsaat pointed out there are two draft development agreements, two projects that are being planned, which are being presented to the Council. Since 1997, no one has known what to do with the pygmy owl. Projects like Sky Ranch, Saguaro Ranch, Butterfly Mountain, all came in at 20 percent development. Dove Mountain did the section 7, which is the reason for the Tortolita Preserve. Years have passed, and a lot of other properties are ready for development, so it's important to move forward and to provide resolution so developers know what they can and cannot do. Mr. Reuwsaat referred to the draft development agreements presented to the Council, and he said to call him or Frank with any questions, saying they will be coming before the Council in July. He said Tortolita Vistas is a project of Cottonwood Properties, at 40 percent. (UI) Crossing goes back to the Forest City project, which came down from 90 percent to 50 percent. He said they are currently working on the development of Cascada. Recently, the Council approved Willow Ridge, so following the referendum, work will begin there. Mr. Reuwsaat said that in 1997 when pygmy owls were listed, there were 10 to 14 pairs of owls. Currently, there are three male owls left, so they are in a crisis situation. Last year, the National Home Builders won a lawsuit that the pygmy owl should be de-listed. He said that the district court judge remanded that yesterday. In January 2005, there will be a new opinion on whether the pygmy owl is listed or de- listed, based on the science generated since 1997. Because of the judge's decision to continue the pygmy owl on the list, there is more pressure to provide a positive, creative solution for both development and the environment. Referring to a map of the area, Mr. Reuwsaat pointed out the dark areas are in the Town limits. The areas outlined in white indicates state land, so that doesn't leave much within the Town limit, and it would have to go through a section 7 or section 10. The largest area of undeveloped land is state land. The total state land portion is roughly 32,700 acres, including the area around the airport. In trying to come up with a solution that would provide for the pygmy owl and allow for development to proceed under guidelines and price to pay for impact, the expanded preserve concept i0 MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 was conceived. Mr. Reuwsaat said the concept is to say the pygmy owl is listed. Even if it is de-listed in January 2005, it will be in litigation, and the issue will continue for five years, so it has to be dealt with because of future projects. The big issue is what happens with the owls' territory if they go away? He said if it is still listed, it is still critical habitat, and the section 7 and 10 issues still exist. He said the Council made a commitment to the resort and the Dove Mountain area, about four years ago, and leased an area from state land as a mitigation of Tortolita Preserve. The proposal is to follow through with the concept that the expanse of the Tortolita Preserve all the way to the Pinal County line, from the C.A.P. Canal to Dove Mountain, and leaving a quarter mile corridor off Tangerine. That is roughly 18,000 acres. The idea is not only to provide habitat, but provide it on a landscape basis. The idea is to avoid fighting battles on the sevens and tens and people not being happy. This strategy gives a landscape large enough to provide for the owl, which is what the preserve is. Fish and Wildlife and Arizona Game and Fish are working on an augmentation program to bring owls in to re-establish the population. The area designated on the map would become the preserve area. Initially, there would be about 10 pairs, and it could sustain up to 42 to 62 pairs. The guidelines are, in bringing in owls from Texas or Mexico, if owls were to leave the preserve, the issues of habitat would be negated, because the area being referenced would go into the Bajada Environmental Resource Overlay District that staff has been working on for at least six months. It acknowledges the current lifestyle there of about 40 percent, but also acknowledges different landscapes could probably be developed more than 30 or 40 percent or 50 percent, up to 60 percent, like Willow Ridge, which is an outside example. Willow Ridge is a 60-percent development that came up with money to do the road, and also came up with a $5,000 environmental mitigation fee. That fee would go to either purchase the property or manage it over time through a corpus (sic). All of the area outside of state land has the opportunity to develop at 30 to 60 percent. Thirty percent would be at no mitigation, because that is what would need to be done under the current situation for the pygmy owl up to 60 percent. The current state land reform sets aside the area behind Dove Mountain for preservation. The area outlined in orange, which overlaps with an area not in the preserve, called an option area. The Town of Marana or other governmental agency would have up to five years to purchase that property for conservation purposes. The expansion area was left out and state land is planning on un-developing it. He said they are not totally in synch with state land on what the preserve is. Mr. Reuwsaat said he and Mr. Huckleberry think it is important to Pima County and the 11 MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 Town of Marana to facilitate and to provide that certainty for development and the environment. The County has indicated, and a letter is forthcoming from Mr. Huckleberry, that they are willing and ready to partner in this. The reserve area has been expanded so the County has the same opportunity, so that if someone develops in the County area, it can be allowed at a higher percentage of impact and then move the money up into the preserve. It is broader and bigger issue than just for the Town of Marana. Mr. Reuwsaat said he and Leslie Liberti had also met with the Bureau of Land Management. When determining what the Ironwood National Monument was going to be, an area was set aside and designated to be Ironwood National Monument East. Because it was state land and the uncertainty of the mechanism of purchasing and trading land with state land, an area was dropped and ended up with Ironwood Monument North. In meeting with the BLM, they are interested in the area indicated on the map, being pristine habitat with Ironwood, Palo Verde, Saguaro. It could probably be a state park and the Saguaro National Park with the type of habitat that is there. He said even though the Town is moving toward the concept, as the Town works through the ACP process, there will be more partners because it is a regional project and will have regional impact. It could also have federal and national impact if federal agencies are involved. The Bajada Environmental Resource Overlay District has gone through many revisions and will continue to go through many revisions. There have been meetings with the Sonoran Desert Coalition, the Defenders of Wildlife, and the Nature Conservancy. Ms. Liberti has met with other environmental communities. There is no opposition to this, and they like the concept. Mr. Reuwsaat said this is another example of the vision the Council has set with the general plan and the northwest area plan, in trying to facilitate the vision in terms of the balance between the environment and development and then saying this is how it will actually work. He said he feels it is a win/win situation for both the environmental and developmental communities, as well as for the Town who has to deal with both environmental and developmental issues from a regulatory standpoint. When regulatory certainty is established, it is easier to know what to do. Mr. Reuwsaat said the reason state land would become a partner is because a lot of the state land is to be given away or sold. So dealing with smaller areas of state land can possibly become a trade into the expansion area. State land, because of the school board, is going to come down to like a lot of the other decisions and how to provide money to the school teachers and to the schools. 12 MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 They get it by purchasing of the preserve, up-zoning of areas that previously had been developed at 20 to 30 percent but now could be developed to up to 60 percent. Incrementally, the value of the land goes up because of the ability to develop a larger percentage and working with them, also, on the airport and up-zoning around the airport for industrial. Part of the discussion with the state land commissioner was about the immediate need of beginning to work with state land to begin to open up the area around the airport, because it is all state land. Mr. Reuwsaat said this is about a seven-year project to date, from the listing of the pygmy owl, and the Town has come a long ways. This is another example of trying to move ahead and provide consensus and the ability to build and to provide for the environment. Mayor Sutton said when discussion began about off-site mitigation when the pygmy owl was listed, there was allowance for a lot of preservation of a lot of plants and animals, and doing something that would protect the environment. If preservation is based on each development, small or large, and a spot is undeveloped, it is not the way it should be done. He said he thinks it is being done the right way, and expressed his appreciation for the effort which has gone into it. He said he knows state land is the tough one and asked that the Council be kept updated on that issue. Mr. Reuwsaat expressed the importance of Marana's partners in this project, the Fish and Wildlife, the environmental and developmental communities. He also noted that Pima County and the state land commissioner agreed Marana's approach was the right approach, and they each adopted the same environmental zone. He said that is the kind of partnering that is required to provide a regional benefit. Mr. Reuwsaat said that the Habitat Conservation Plan (HCP) was started because of the pygmy owl, and that is where the emphasis will be. To give an update on the status of the HCP, a meeting is scheduled to go over results of Phase I and Phase II, leading up to a draft HCP. In September, that draft will come to the Council for review and approval. Mr. Honea asked about the time line to put the plan together, to coordinate all these things with the state, the federal agencies, the environmental and housing industries, plus the municipalities and the county. Mr. Reuwsaat said he thought two years was a good time frame. In the meantime, as the concept is flushed out and cleaned up, and then it is possible to go ahead with the environmental overlay district and begin without the HCP. The HCP is not need to do this, but it does provide the mechanism a section can permit. That is why the HCP is needed. 13 IV. MINUTES OF FOURTH OF JULY CELEBRATION/ NORTHWEST REGIONAL HOSPITAL/ PYGMY OWL CONSERVATION STRATEGY MARANA TOWN HALL JUNE 29, 2004 Mr. Honea said it could be used for mitigation in the near future. Mr. Reuwsaat said Willow Ridge, a million dollars. That a buys more property in one area than it does in another. It is the landscape approach to preservation/conservation. Providing some certainty to the process, it becomes easier for everyone. ADJOURNMENT They Mayor adjourned the meeting. The time was 6:15 p.m. CERTIFICATION I herby certify that the foregoing are the true and correct minutes of the Fourth of July Celebration Update, Northwest Regional Hospital presentation, and Town of Marana Pygmy Owl Conservation Strategy. Jocelyn Bronson, Town Clerk 14 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 3, 2004 AGENDA ITEM: MAYOR AND COLrNCIL Frank Cassidy Resolution No. 2004-106: Relating to Development; approving and authorizing the execution of a second amendment to the Sa- guaro Ranch pre-annexation and development agreement. DISCUSSION The original Saguaro Ranch Pre-annexation and Development Agreement required a $1,000,000 payment to the Town of Marana between January 15, 2004, and June 1, 2004. The developer has requested an extension of time in which to make the payment, and Town staff has negotiated a Second Amendment to the Saguaro Ranch Pre-annexation and Development Agreement to ac- commodate the extension and establish additional consideration for the extension. Specifically, the Second Amendment requires the developer to pay $1,050,000 on or before Febmmy 15, 2005, or $1,100,000 between February 16 and June 15, 2005. The Second Amendment also im- poses substantial penalties if payment is delayed past June 15, 2005, and establishes adequate security for the payment. RECOMMENDATION Staff recommends the adoption of Resolution No. 2004-106, approving and authorizing the exe- cution of the Second Amendment to the Saguaro Ranch Pre-Annexation and Development Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-106. {00000057.DOC/} 7/9/04 F, IC MARANA RESOLUTION NO. 2004-106 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE SAGUARO RANCH PRE-ANNEXATION AND DEVELOPMENT AGREEMENT. WHEREAS, the Town entered into the Saguaro Ranch Pre-annexation and Development Agreement recorded June 27, 2003, in the Office of the Pima County Recorder at Docket 12081, page 8329 (the Original PADA); and WHEREAS, Paragraph 2.35 of the Original PADA required the developer to pay the Town $1,000,000 for public park facilities and trails between January 15, 2004, and June 1, 2004; and WHEREAS, the Developer has requested additional time to make the payment; and WHEREAS, the Mayor and Council find that the terms and conditions of the Second Amendment to the Saguaro Ranch Pre-annexation and Development Agreement attached to and incorporated by this reference in this Resolution as Exhibit A (the "Second Amendment") are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Second Amendment is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Second Amendment for and on behalf of the Town of Marana. [00000056. DOC/} 7/9/04 FJC SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2004. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00000056.DOC/} 7/9/04 FJC TOWN OF MARANA SECOND AMENDMENT TO SAGUARO RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO SAGUARO RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT (this "Second Amendment") is made and entered into this day of July, 2004, by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), TITLE SECURITY AGENCY OF ARIZONA, an Arizona corporation, as Trustee of its Trust Numbers 773 and 787 only and not in its corporate capacity ("Title Security"), SAGUARO RANCH INVESTMENTS, LLC, an Arizona limited liability company ("SRI"), and SAGUARO RANCH DEVELOPMENT CORPORATION, an Arizona corporation ("SRDC"). The Town, Title Security, SRI and SRDC are sometimes collectively referred to as the Parties. Title Security, SRI and SRDC are sometimes collectively referred to as the Developer. RECITALS A. The Town, Title Security and SRI entered into a certain Saguaro Ranch Pre- Annexation Development Agreement recorded June 27, 2003, in the Office of the Pima County, Arizona, Recorder at Docket 12081, Page 8329 (the "Original PADA"). B. The Town, Title Security and SRI entered into a certain First Amendment to the Saguaro Ranch Pre-Annexation Development Agreement on April 6, 2004, and recorded April 12, 2004, at the Office of the Pima County Recorder at Docket 12278, Page 3161 (the "First Amendment"). C. SRDC is included as Developer under this Second Amendment by virtue of its acquisition of the entire beneficial interest of Title Security Trust Number 773. D. Paragraph 2.35 of the Original PADA provides for the Developer to make a contribution to the Town in the amount of $1,000,000 (the "Contribution"). E. The Parties desire to allow additional time for the Developer to make the Contribution and to make additional provisions relating to the payment of the Contribution. AGREEMENT In consideration of the foregoing recitals, which are incorporated here by this reference as the intent of the Parties in entering into this Second Amendment, and for other valuable {00000032.DOC / 3} SecondAmendmenttoSagaaroRanchDevelopmentAgreement - 1 - 7/13/20049:29AM consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Paragraph 2.35 of the Original PADA is mended to provide that the Developer's obligation to pay $1,000,000 as the Contribution is replaced with a requirement that the Developer shall pay $1,050,000 to the Town not later than February 15, 2005, and that if such payment is not made by that date, the Developer shall pay $1,100,000 to the Town not later than June 15, 2005. 2. If the Developer fails to comply with paragraph 1 of this Second Amendment, until such time as the Contribution, as it has been increased by paragraph 1 of this Second Amendment, plus a penalty of $i000 per calendar day from and after June 16, 2005, is paid in full, the Town is expressly authorized to withhold all further permits, development approvals and certificates of occupancy requested for those lots of Lots 9-52 of Saguaro Ranch, a subdivision of Pima County, Arizona, according to the Plat of record in Book 57 of Maps and Plats at Page 57 (such Lots 9-52 being referred to herein as the "Lots"), owned by the Developer as of June 15, 2005. Notwithstanding the foregoing, the provisions of paragraph 8.8.2 of the Original PADA shall remain in full force and effect except with respect to the last ten (10) of the unsold Lots, and Title Security expressly agrees that it will not convey title to any of the last ten (10) of the unsold Lots out of the Trust without prior written consent of the Town. This provision shall not prohibit Title Security fi.om conveying the Lots out of the Trust for the purpose of encumbering the Lots by the recording of mortgages or deeds of trust, provided that the Lots are thereafter immediately reconveyed back into the Trust. 3. All other provisions of the Original PADA as amended by the First Amendment remain unchanged and continue in full force and effect. 4. This Second Amendment is subject to A.R.S. § 38-511, which provides for cancellation by the Town in certain instances involving conflicts of interest. 5. This Second Amendment shall be recorded by the Town in the Office of the Pima County Recorder no later than ten days after its execution. 6. This Second Amendment may be executed in counterparts, with the Parties signing separate sheets which, when combined, shall be treated in all respects as a single document. SIGNATURES FOLLOW {00000032.DOC / 3} Second dmendment to Saguaro Ranch Development Agreement - 2 - 7/13/2004 9:29 AM THE TOWN: TOWN OF MARANA, municipal corporation By: Bobby Sutton, Jr., Mayor ATTEST: By: Jocelyn Bronson, Town Clerk an Arizona THE DEVELOPER: TITLE SECURITY AGENCY OF ARIZONA, an Arizona corporation, as Trustee under its Trust Numbers 773 and 787 only, and not in its corporate capacity By:. Leslie D. Hogg, Trust Officer SAGUARO RANCH INVESTMENTS, LLC, an Arizona limited liability company By: Authorized Signatory SAGUARO RANCH DEVELOPMENT CORPORATION, an Arizona corporation By: Title: APPROVED AS TO FORM: By: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ) SS. COUNTY OF PIMA ) The foregoing instrument was acknowledged before me this day of July, 2004, by Leslie D. Hogg, as Trust Officer of TITLE SECURITY AGENCY OF ARIZONA, an Arizona corporation, as Trustee under its Trust Numbers 773 and 787 only, and not in its corporate capacity. My commission expires: Notary Public {00000032.DOC / 3] Second Amendment to Saguaro Ranch Development Agreement - 3 - 7/~ 3/2004 9:29 AM STATE OF ARIZONA ) ) SS, COUNTY OF PIMA ) The foregoing instrument was subscribed, swom to and acknowledged before me this day of July, 2004, by , as Authorized Signatory of SAGUARO RANCH INVESTMENTS, L.L.C., an Arizona limited liability company. My commission expires: Notary Public STATE OF ARIZONA ) COUNTY OF PIMA ) The foregoing instrument was subscribed, swom to and acknowledged before me this day of July, 2004, by , as of SAGUARO RANCH DEVELOPMENT CORPORATION, an Arizona corporation. My commission expires: Notary Public {00000032. DOC / 3} Second Amendment to Saguaro Ranch Development Agreement - 4 - 7/'13/2004 9:29 AM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 3, 2004 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2004-109: Relating to Homeland Security; approving an Intergovernmental Agreement between the Town of Marana and Pima County for the disbursement of funds under the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program administered by the Pima County Health Department for the benefit of the Town of Marana Police Department DISCUSSION The Town of Marana has been allocated $26,431 from the State Homeland Security Grant funding. This funding is to be used for authorized training, responses exercises and equipment purchases necessary for terrorist incident response. These funds will be disbursed through an Intergovernmental Agreement between the Town and the Pima County Health Department. Funding in the amount of $21,431 has been allocated for equipment. Funding in the amount of $5,000 has been allocated for a response exemise. This funding will require the Town to pay the vendor and then be reimbursed by Pima County dollar for dollar, not to exceed the amount of $26,431. The Chief of Police has been designated as the Town's agent for distribution of these funds. Pima County requires documentation of the expenditures prior to dispersal of funds. Funding of this allocation must be used by April 30, 2005. However, this deadline can be extended through a formal written request to Pima County. The agreement can be terminated by either party at any time by giving at least thirty (30) days' written notice. RECOMMENDATION Staff recommends Council approval of the Intergovernmental Agreement between the Town of Marana and the Pima County Health Department for the disbursement of funds offered through the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program SUGGESTED MOTION I move to adopt Resolution No. 2004-109. Marana Resolution No. 2004-109 07/27/2004 l l :OO AM DAB MARANA RESOLUTION NO. 2004-109 RELATING TO HOMELAND SECURITY; APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE DISBURSEMENT OF FUNDS UNDER THE U.S. DEPARTMENT OF HOMELAND SECURITY 2003 STATE HOMELAND SECURITY GRANT PROGRAM ADMINISTERED BY THE PIMA COUNTY HEALTH DEPARTMENT FOR THE BENEFIT OF THE TOWN OF MARANA POLICE DEPARTMENT WHEREAS, A.R.S. § 11-952 grants the Town of Marana the authority to enter into intergovernmental agreements; and WHEREAS, the Town of Marana and Pima County desire to enter into an Intergovernmental Agreement for the purpose of administering funds to the Town under the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program; and WHEREAS, the funds disbursed from this grant to the Town of Marana are in the amount of $ 26, 431; and WHEREAS, the funds will be used authorized training, response exercises and equipment purchases necessary for terrorist incident response. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana, Arizona, do hereby accept and authorize the Intergovernmental Agreement between the Town of Marana and Pima County for the purpose of administering grant funds from the U.S. Department of Homeland Security 2003 State Homeland Security Grant Program. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said Intergovernmental Agreement on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2004. ATTEST: BOBBY SUTTON, JR., MAYOR Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana, Arizona Resolution No. 2004-109 Intergovernmental Agreement between PIMA COUNTY and the TOWN OF MARANA, for Equipment Purchases, Planning, Training and Response Exercise costs under the U. S. Department of Homeland Security 2003 State Homeland Security Grant Program. This Intergovernmental Agreement is entered into by and between Pima County, a body politic and corporate of the State of Arizona, for and on behalf of Pima County Health Department, hereinafter referred to as COUNTY, and the Town of Marana, for and on behalf of the Marana Police Department, hereinafter referred to as CONTRACTOR, pursuant.to A.R.S. § 11-952. Recitals A. WHEREAS COUNTY was awarded the United States Department of Homeland Security 2003 State Homeland Security Grant Program (SHSGP) through the Arizona Division of Emergency Management; and B. WHEREAS COUNTY and CONTRACTOR may contract for services and enter into agreements with one another for joint or cooperative action pursd~nt to A.R.S. § 11-951, et seq. C. WHEREAS COUNTY wishes to supplement Homeland Security training, response exercises and equipment purchases necessary for terrorist incident response in Pima County; and D. WHEREAS CONTRACTOR is qualified to perform these activities for response to a terrorist incident; and E. WHEREAS pursuant to the United States Department of Homeland Security State Homeland Security Grant Program, CONTRACTOR is named as a recipient under the grant award. NOW, THEREFORE, COUNTY and CONTRACTOR, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement I. Purpose. The purpose of this Intergovernmental Agreement is to set forth the responsibilities of the parties for the authorized expenses under the State Homeland Security Grant Program and to address legal and administrative matters among the parties. II. Scope. A. CONTRACTOR may only utilize the funds provided pursuant to this Agreement for authorized expenses identified in the F/Y 2003 State Homeland Security Grant Program Guidelines, Exhibit A, (Appendix A, Appendix B, Appendix C). In order to be reimbursed, CONTRACTOR must submit documentation to COUNTY identifying expenses by Category, in accordance with "Allowable Equipment, Exercises, Training Planning/Administrative Costs" Appendix B. The documents may include employee related expense records, travel expense records, purchase orders, requisitions or other such expense documents, showing the vendor name and address, details of expenditure, and agreed upon amount(s). Final proof of purchase must be submitted to COUNTY within 60 days after dispersal of funds by COUNTY and may include paid purchase orders, warrants or claim demand documentation showing the vendor name and address, details of purchase and amount(s) paid for authorized expenses. B. CONTRACTOR may be reimbursed for response exercises pursuant to the 2003 State Homeland Security Grant Program in an amount not to exceed $5,000. Marana IGA.doc 1 III. Financing. A. COUNTY shall reimburse CONTRACTOR upon receipt of required documentation as listed above in Section II. Only grant funds will be used for compensation and payments paid to CONTRACTOR. B. Funds in the amount of $21,431 have been allocated for State Homeland Security Grant Program authorized expenses by CONTRACTOR and up to $5,000 have been allocated for response exercise cost reimbursement to CONTRACTOR during the period April 1, 2003 through April 30, 2005. Total payments by COUNTY to CONTRACTOR under this Intergovernmental Agreement shall not exceed Twenty Six Thousand Four Hundred and Thirty One Dollars ($26,431). C. All expenditure documentation must be received by COUNTY prior to dispersal of funds. No payments under this Agreement will be made for expenses incurred after April 30, 2005 and for expense documentation received after May 31, 2005. IV. Term. This Intergovernmental Agreement shall be effective on the date it is recorded with the Pima County Recorder. Except as otherwise provided in this Agreement, this Agreement shall terminate on April 30, 2005. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties hereto. V. Termination. Either party may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thel'eof, at least thirty (30) days before the effective date of such termination. VI. Insurance. CONTRACTOR shall provide evidence of insurance as follows: Commercial general liability in the amount of $1,000,000.00 combined, single limit Bodily Injury and Property Damage or $1,000,000.00 Bodily Injury, $1,000,000, $1,000,000.00 Property Damage. PimaCounty is to be named as an additional insured for all operations performed within the scope of the Contract between Pima County and CONTRACTOR. B. Automobile liability coverege for owned, non-owned and hired vehicles must be provided with limits in the amount of $1,000,000.00 combined single limit ore $1,000,000.00 Property Damage; C. If this Contract involves professional services, evidence of professional liability insurance in the amount of $1,000,000.00 must be provided; and, D. Evidence of statutory Worker's Compensation coverage must also be provided. All certificates of insurance must provide for guaranteed thirty (30) days written notice of cancellation, non-renewal or material change. Any modifying language in the insurance certificate must be deleted. Vll. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: COUNTY: Director Pima County Health Department 150 West Congress Tucson, Arizona 85701 CONTRACTOR: Chief, Marana Police Department 13291 N. Lon Adams Road Marana, Arizona 85653 520-682-4466/Fax 520-682-2712 VIII. Indemnification. CONTRACTOR shall indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which result from any act or omission of CONTRACTOR, its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to county negligence. Marana ]GA.doc 2 IX. Compliance with Laws. CONTRACTOR shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this Agreement shall apply but do not require an amendment. X. Non-Discrimination. CONTRACTOR shall not discriminate against any COUNTY employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out CONTRACTOR'S duties pursuant to this Agreement. CONTRACTOR shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. XI. ADA. CONTRACTOR shall comply with 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. Xll. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining previsions shall continue to be valid and enfomeable to the full extent permitted by law. Xlll. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incbrporated herein by reference. XlV. Non-Apprepriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, Pima County shall have no further obligation to CONTRACTOR other than for payment for services rendered prior to cancellation. XV. No Joint Venture. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between COUNTY and any CONTRACTOR employees, or between CONTRACTOR and any COUNTY employees. Neither party shall be liable for neither any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XVl. 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 affects the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. XVII. Other Documents. CONTRACTOR is a subcontractor to COUNTY under the Arizona Division of Emergency Management (ADEM) U. S. Department of Justice 2003 State Domestic Preparedness Grant, the terms and conditions of which are expressly made a part of this Intergovernmental Agreement. (See Exhibit B) and shall apply with equal fomes to CONTRACTOR as if CONTRACTOR were the "Sub- grantee" referred to therein and as if PIMA COUNTY where the "ADEM" referred to herein. Additionally, where the word 'State" appears, it is understood to include PIMA COUNTY. XVlll. Entire Agreement. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder or Arizona Secretary of State as appropriate. Marana IGA.doc 3 IN WITNESS WHEREOF, the parties do hereby agree to carry out the terms of this INTERGOVERNMENTAL AGREEMENT. PIMA COUNTY CONTRACTOR By: By: Chair Mayor Pima County Board of Supervisors Town of Marana Date: Date: ATTEST ATTEST By: Clerk Pima County Board of Supervisors APPROVED AS TO CONTENT By: Clerk Town of Marana By: Director Pima County Health Department Pumuant to A.R.S. § '1'1-952, the undemigned public agency attorneys have determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By: Attorney, Town of Marana Date: Marana IOA.do¢ 4 [ ! ~ ~ ~/~ In July 2002, the President ' ' ' ' ' approved the National Strategylor l%meland Security, a roa~d. map for the'national effod to prevent and respond to acts of tamrism in the United States. The National Strategy recognizes the vital role of .state and local public safety agencies ir~ pro~, ding.for the security of our homeland. In Aprii, 2003, 11~ Presidbnt signed into law the' Wartime. Supplemental 'Appropriatio'ns Act of .2003, 'wi,ich provides state and local governments with additional funding to participate in the narmnal effort to combat terrorism.. The U.S. · ' . Departrhent of Homeland'Securi~ (DHS), Office forDomestic Preparedness (eDP) FY2003 State Romelan~Security Grant Prograr;n - Part It (~ISGP II) ' ' · reflects a confluence of important Presidential initiatives designed to enhance I~ I~reparedness of the 'nation to .coml~at '~errorism..~.Whereas mos~ states and' munieipalitiesimve.strengthened their overall capability to respond to acts .of terrorism involving chemical, l~logical, radi61ogical; nuclear or explosive (CBRNE) weapons, there c~ntinues to be roomb'improvement in meeting our national priorities 9f preventing and ~]espondir~g to terrorist alacks. The Office for Dbmestic Preparedness is providing additibr~l~ancial' assistance directly to · each of the nation's states and territories through the F"Y~003 SHSGP 11. This. financial assistance is being provided.to address the bnique eq~ent, training, planning and exercise needs of state and local emergency responde~ as well'as to pay for costs ass°ciated.with increased security measures at critical in~cture sites dudng the p'eriod o! hostilities wi{h Iraq and for future periods of heightened t~t..- · The Department.of Homeland Security'looks forward national effod to secure Our homelar)d. to wo~ with ail of ~/ou in this'critical Tom Ridge Secretary · Department of Homeland Securiiy EXI-1IBIT A C. ontents II. III, IV. V. VI. VII, · Background · The Fiscal Year ~003 State Homeland Securib/Grant Program _"Part ii... 2 Eligible AppliCants an~l Funding Availabilit7 ............... ; ........... 4' App. lication Guidance .... .. ..........' ............... '~... ........... · Application Requirements..., ..................... .. · · ..' ........... ,. 6 Administrative Requirements... Reporting Requirements ....... · .................................. .9 Appendix A Site Eligibility for Critical 10frastructure Protection Funding Appendix B Allowable Equipment, Exercise, TBining and Planning/Administrative Cpsts App'endix C Grant Reporting Requirements I.· Background "l:he U.S. Department of Homeland Security (DHS), through the Office for Domestic Preparedness (ODP), is providing additional financial assistance.directly to each of the nation's states and territories through the Fiscal Year (PO 200~ State Homeland Securi~ Grant Program - Part tl (SHSGP II). Yhis financial assistance is being provided to supplement funding available through the FY 2003 State Homeland Security Grant Program. for first respon'der preparedness, and to mitigate tl~e costs of enhanced security at critical infrastructure facilities during the period of hostilities with Iraq and futu[e pedods of heightened threat. · The Office for Dombsti(~Prepatedness transferred fron'ithe U.S. Department of Justice, office of Justice Programs iojp), to the U.S. Deportment'of Homeland Security effective March 1, 2003. The OJP Office of the Comptroller (OC) w contin~je to provide fiscal support and oversight to the SH. SGP I1 for the eff~ctiVe~ period o;~ performaqce foF the grant. The FY 2003 State Homeland Security Grant Program - Part II Authorize? Program Purpose Funding for the FY 2003 SHSGP II is authorized by: 1) Public Law 108-11, th~' Wartime'Supplemental Appropriations Act of 2003; 2) Public Law 107-56, the USA Patriot Act of 2001; and, 3) Public Law 107-296, the Homeland Secudty Act of 2002. The FY 2003 SHSGP II seeks to provide th~ resources necessary for states and local communities to supplement funding available, through the FY 2003 State Homeland Security Grant Prqgram for first respbnde~ preparedness, and to mitigate the costs of enhanced Security at cdtical infrastructure facilities dudng the ~)edod of hostilities with Iraq and future pedods of heightened threat. Program Requirer~ents .. ' Receipiof funds ;Jnder ODP's FY 2003 SHSGP II is contingent upon submission of the on-line grant application described in Section V of the FY 2003 SHSGP II Program s prowded as par~ of the FY 2003 SHSGP I1 must be obligated within 45 days of th. egrant aw.ard da.teo Authorized Program Expenditures 1. Critical infrastructure Protection: Funds p~ovide~ as p~r~ of the FY 2003 SHSGP II may be used for: 1) pqblic safety ager~cy.overtime costs; 2) contract security" personnel costs; and, 3) state-ordered National·Guard deployments required to augment secudty at cdtical infrastructure dudng the pe~:iod of hostilities With Iraq and future periods of heightened threat. Guidance on the use of funds for future periods of heightened threat, should these arise, will be provided to each grantee by the Department of Homeland Security, A list of cdtical infrastructure · ;ligible for secudty f~nding support wiih funds provided through the FY 2003 SHSGP may be rotund in Appendix A. ' States are advised that at least 50 p~rcent of this . provided to local cqmmunifies (unding allocation MUS~' be 2. First .Resp~)nder PreparedneSs: Funds provided as part of the FY 2003 SHSGP II may be u~ed to supplement activitie's initiated with the state s Fiscal-Year 2003 State Homelar)d Security Grant, including: 1) pro¢urement of specialized' emergency· response and terrorism iacident prevention e~uipment; 2) design, development, conduct and evaluation of combatin~ terrorism exercises; 3) institutionalizing awareness and performance level training at the state, and local level; and, 4) planning and administrative costs associated with updating and implementing the state's homeland security strategy. A complete list of allowable equipment, exercise, training and planning/administrative costs may be'.found in Appendix B. States are advised at. lea~t 80 percent pf this funding allocation MUST be · provided to local communities. ' Uuauthorized Program Expenditures .. '1. Critical Infrastructure' Protectior~: Grant funds awarded under this program may. not b~anced secu. rity costs incurred prior to '~or a..fter~wW,~~ss otherwise specified by th~ Department'of Home/and ~ecurity. - Note: Funds not used to cover costs of heightened security at critical infrastructure · sit~s dudng the pedod of hostilities with Iraq as defined above may be retained through the e.nd of the award pedod for. use in conjunction With future pedods of heigl~tened threat. Guidance on the use of funds for future periods of heightened threat, should these arise, will be provided to each grantee by the Department of Homeland Security. 2. First ReSponder Preparedness: Grant funds awarded under this program may notbe use.d for emergency resp6nder programs inconsistent with the state's hometand secudty strategy, or for equipment, exercise, training or planning/administrative costs · incurred prior to the award start'date of the grant or otherwise budgeted for with state or local funds. 111. Eligible Applicants and Funding Availability The FY 2003 SHSGP II is intended to supplement funding available through the FY 2003 State Homeland Security Grant Program for first responder preparedness, and to provide the resources necessary for state~ and local Communities to mitigate the costs of enhanced' ' secudty at'critical infrastructure facilities dudng the period of hostilities with Iraq and future pbriods of heightened threat. The Governor of each s{ate has designated a state agency, also known as a state adminis.trative agency (SAA), to apply for and administer the grant funds b nder this program. The State may elect to subgrant FY2003 funding directly to ciEes or counties within the'State.orto r~tain the'fun'ds for.use'at the State level, provided.thet, the S, tate has complied with any pass through requ~r~ements that apply. FY 2003 allocations for first re,ponder preparedness and heightened critical infrast~'ucture prepare.dness were determined using a base amount of .75 percent of the total ~llocation for the states.(including the Distdct of Columbia and the Commonwealth of Puerto Rico) and .25 percent of the total allocation for the U.S. territories, including Amedcan Samoa, the Commonwealth of the Northern Madana Islands, Guam an'd the'U.S.Virgin Islands), with the balance of funds being distributed on a population-~are basis. Population figures for the fifty states, the District of Columbia and the Commonwealth of Puerto Rico were determined 'using July 2002 U.S. Bureau of the Census pop~Jlation (~btimates. Population figures for American. · Samoa,the Commonwe-~!th of~e N0rthem Madana Islands, Guam and the U.S. Virgin islands were determined using April 2000 U.S. Bureau of the Census data. The table on the next page provides a breakdowr~ of FY 2003 funding allocations by state. '· 4 STAT~ HOMELAND SECURFi~ GRANT PROGP. Nvl . PART FISCAL YF_A~ 2003 FUNDING ALL(~CAT]ONS STATE NAME ALASKA ARKANSAS COLORADO DELAWARE [3STRUT OF COU. NB~ HAWAII . IDAHO EUN~S ~ANA IOWA KANSAS KENTI.ICKY LOUISIANA MAINE MARYLAND ~CHUSE'ITS MICHIGAN ~A MISSOURI MON'rANA NEBRASKA NEVADA NEW JEP, SEy t~W IVE)~CO NEW NORTI-'~ DAKOI~A O~-AHOMA OREGON PI-:NNb~fl. VAHI~ SOL,TH DAKOTA TEXAS UTAH. VEP-MONT WASHINGTON WEST VIRGIN~ WISCONSIN WYOMING PtJ~O PJCO V1RGIN ~SLANpS ' FIEST REsPoNDER PREPAREDNESS. ALLOCATION 21,709,O00 '11,466.O00 24;295,000 16.974,000 103,355,00O - 21.753,O00 18,974,000 11,902,000 11,272,000 · 54.301 .OO0 32,568.00~ 13t,068,.O00. 13;$25,0O0 43.338,000 26,168,000 17,578,000 16.989,D00 20,660,000 21,699.000 13,201,000 24.299.000 26.884,~00 36,540,0O0 23.131,0OO 17,405.000 · 24,871,000 14.359,000 15.544,0O0 13,1~9.0O0 32.64{~,0O0 14,696.000 60,816,000 '31,928;O00 11,440.O00 .' - 40,194,000 19.063,000 19,137.0O0 42,630.000 12,601,000 20,698,000 11,779,000 25,203.O00 67,806,000 15.924.000 11.394.000 29,192,000 25,928.000 · 14.,653,0O0 24,254.0O0 11,079,000 20.036.000 3,540,0O0 3,4O3,OOO CRITICAL INFRASTRUCTURE PROTECTION ,A~.LOC~,T~ON 3,340,000 1,764,000 3,738,000 2,611,000 15,901,000 3,348,000 2;919,000 1,831,000 1,734,000 8,354,000 5~011,0{~0 2,011,000 2;050,000 6,667,000 4,O26.OO0. 2.704.000 2,614,000 3.178,000 3,338,000 2,031,000 3,738,000 '4,136,00O 5,6Z2.0Q0 3,559,000 2,678.000. 3;826,000 1,673,000 2,209,000 2.391.000 2,O23,000 5,02~,O00 2,261.000 · 9,356,000 · 4,912.O00 · 1,760,000' 6,184,000 2,933,0O0 2,944,00O 6.639.000 1,939,000 3.184,000 '1,812,000 3,877,000 10,432,0O0 2,450,00O 1,753;000 4,491,000 3,989,000 2;239,000 3,731,000 1.705,O00 3,082,O00 545,000 523.000 TOTAL ALLOCATION 25,04g,O00 13,230,000 28,033,0O0 t9,585,000 119.255,000 25,111.000 21,693,00O 13.733,000 13,006~O00 62.655.000 · .'37,.5~.9,0OO 15,0~9.O00., · 15.375,000 50.O05,0O0 30.194,000 20,282;O00 19.603,000 ·23,838,000 25,037,000 15.232,000 28,037,000 .31,020,000 42,162,000 26,690,000 20~083,0p0 28,697.0O0 14.047.000 16.538,O00 17.935,O00 15,172.000 37,671,000 16,956,000 70.172.000 36;840.000 13.200,000 46.378,0O0 21.993,O00 22,081.O00 49,189,O00 14,540,000 23.882.000 13,591,O00 29,080,000 '78.238,O00 18.374,000 13,147,000 33,683,000 29,917,000 16,792,000 27.985,O00 12.784,000 23.118,O00 4.085,000 3,926,000 GUAM NOR'[HERN MAR~ ISLANDS 3 663,000 563,000 4,226,000 3,435,000 528,000 . 3,963,D00 TOTAL 1,300,000,000 · IV. Application Gui~lance 200,000,000 Applications need to be prepared in acccJrdance With the directions contained in Section V of this booklet. ODP now only accepts applications ele~:tronically through the Grants Management System" (GMS) oca.ted on the OJP web site;· I~structions regarding eleotronic s[Jbrnissions th~ol~gh GMS are provided on the OJP. web siie at: ww~.oiD.usdoLoov/~undo~6S.htm. Questions regarding the ppi cation process or programmatic questions involving application submission requirements, application content requirer~ents and other adminis,trative inquiries relating to the F-Y 2003 SHsGP II m'ay be directed to the ODP Helpline at 1-800-368-6498. Ve Application, Requirements On-Line Application: The °n'line application must be completed and Submitted by the.applicant using the OJP GI~IS system described above. This on-line appli.cation replaces the following previously r~quired, paper forms: · Standard .Forn~ 424, Application for Federal Assistance Standard Form LLL, 'Disclosure 0¢ Lobbying'A. ctivitie~' OJP Form 4000/3, Assurances OJP Form 4061/6,. C~difica'ti0ns' Equipment Coordination Certification Non-Supplanting Certification' These grants are offered by the U.S.'Departmeni of Homeland Security, Of~ce for Domestic PreparecJness. The program title listed in the Catalog of Federal ·. Domestic Assistance (CFDA) is" ' · Office for Dom.esbc Preparedness Fiscal Year · 2003 State Homeland Security Grant'Program." When referring to this title, please · use the following CFDA'number:16.007. When cQmpleting the on-line application, applicants should identify their submissions as new, nonconstruction applications. These g. rants are offered by the U.S. Department of Homeland Security, Office for ' ,a~~edness. ~e~u~r~'"z'..'"'"~ ~' . Note: To exped~ /c t?~q3~z~d_Droce~~ .. -- ~~~/~l~'~m~ranL Ho. we~,er, ~pplicants /v~uo /~rowae ~ workshe~s With the Categorical Ass/stance Progress Repo~ (CAPR) for the period ending June 30, 2003. These repo~s are due b~ July 30, 2003. Additional information on this requirement is provided ~'Appendix C If ~~~~ are ....... . .... the CAPR for the period ~ay be withheld until the required'informa~on is submi~ed to and appr~e~by ODP. Applicants .will also.~e Yequired to provide a final budget prior to closeou~ of the granL Freedom of Information A~t (FOIA): ODP m~gnizes that mbch of the info~ation submAed in ~e ~ume of applyin~ for fun~ng un~r this program, or provided in the ~ur~e of i~ grant management a~ti~ties,'may be considered law enfomement sensible or o~e~ise impodant to national securi~ interest. This mayJnclude threat,.Hsk,.and needs ~sessment informat ~, and dis~ssions of ~emograp~ics, kanspoAafion, puS~ic Works, and industrial and public'health ' [n~s~res. While ~is information is subject to requests made pumuant to ~he Freedom of Info~ation A~, 5. U.S.C. {552 (FOIA), all dete~inations ~nceming the release of information of ~is nature ~re made on a case-by-case basis by the OJP FOIA Offi~, and may well likely fall wi~in one or more of the available exemptions under the Act Applicants are als6 encouraged to consL;It their own state and local laws and regulations regarding the release of infomiation, which should be considered when reporting sensitive matters in the grant apl~lication, needs assessment and strate, gic planning process. At the same time, applicants should beawar~ that any information created exclusiyely for the purpose of applying'for and monitoring grants hereunder is the property of[he U;S. Govemment~ and shall not otherwise be" disclosed or released pursuant to state or I~)cal IAW'or reguiation. VI, Administrative Requi~'ements A. General Requirements 1. Single Point of Contact (SPOC) Review: Executive Order 12372 requires applicants from State and local units of government or other organizations providing services within a State to submit a copy of the application to the State SPOC, if one exists and if this program has been selected for review by the State. Applicants must contact their State SPOC to determine if the program has'been selected for State review. The date that the application was sent to the SPOC or the reason such submission is not required should be provided. B, Financial Requirements 1. Non-Supplanting Certification: This certification, which is a required component of the on-line application, affirms that federal funds will be used to supplement existir)g funds~ and will not replace (supplant) funds that have been appropriated for the same purpose. Potential supplanting will be addressed in the application review as well as in the preaward review, postaward monitoring, and the audit. Applicants or grantees may be required to supply documentation.certifying ~. that a reduction in non-federal resources occuried for reasons other than the receipt or expected receipt of federal funds. ' · 2. Match Requirement: None 3. Assurances: The on-line application includes a list of assurances that the applicant must comply with in order to receive Federal funds under this program. It is the'.r~s, pdns billty of the.re¢ipie'nt of the Federal funds.to fully .understand and comply with these requirements. Failure to comply, r~ay result in the withholding funds, termination of the award, or other sanctions. You will be agreeing to these assurances when you submit your application on-line [hrough GMS. 4, Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirement: This certification, which is a required component of the on-line application, commits the applicant to compliance with the certification requirements under 28 CFR part 69, New Restrictions on Lobbying, and 28 CFR part 67, Government-wide Debarment. and Suspension (Nonprocurem'ent) and G~vemment-wide Requirements for Drug- . Free Workp!ace (Grants). The certification will be treated as a material · representation of the fact upon which reliance will be placed by the U.S. Department of Homeland Secudty in award, lng grants. ' 5. Suspension Or Termination' of Funding: The Office for-Domestic Preparedness may suspend or ta[m nata funding, in whole o~: in part, or other measures may be imposed for ady. of the' fo owing reasons:"-. Failing to make satisfactory progress toward the goals or objectives set forth in this application. Failing to follow grant agreement requirements or standard or special conditions. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. Failing ;~o submit required reports. Filing a false certification in this application or other report or document. 8 Before taking action, ODP will provMe the grantee reasodable notice of intent to impose measures and Will make efforts to'reso ve :[he problem informally. ' VII., Reporting Requirements The following repods are requ!red'of all program participantsi Financial Status Reports (Stand~rd Form 269A): Financial Status Repoi'Ls are due within 45 days of the ~nd of each calendar quarter. A report must be submitted for every quarter the award is active, including partial c~!endar quarters, as well as for periods where no grant activity occurs (see · Appendix C). The OJP Office of the Comptroller will provide a copy of this form io the initial award' padkage. Future a~,ards and fund drawdowns will be withheld if'these reports, are delinquent. The final financial repor~ is due 120 days after the end dat& of the award pedod.. Categorical Assistance Progri~ss Reports (OJP Form 4.587/1):' Categorical Assistance Progress Reports are due within 30 days aftsr the end of the reporting periods; which are June 30 and December 31, for the life of the award'(see Appendix C). The OJP Office ofth¢ Comptroller will provide .a copy of this form in the initial award package. Future awards and fund drawdowns will be withheld if these repods are delinquent. The final programmatic progress repor~ is due 120 day9 after the end date of the award, period. , . Note: Applicants MUST provide budget detail worksheets 'with the Categorical Assistance Progress Report due after June 30, 2003, ' Additional information on this requirement is provided in Appendix C, Applicants will a/so be required to provide a final budget prior to closeout of the grant. Financial and Compliance Audit Report: Recipier{.ts that expen~l $300,000 or more of Federal funds dudng their fiscal year are required to submit an organization-wide~nan.cial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Govem~nent Auditing Standards and OMB Circular A-133. Audit reports are currently due to the Federal Audit Clearinghouse no later than 9 months after · the end of the recipient's fiscal year. In addition, the Secretary of Homeland Security and.the Comptroller General of the .United States shall have access ' to any books, documents, and records of recipients of FY 2003 SDPP assistance for audit and examination purposes, provided that, in the Opinion of the Secretary of Homeland Security or the Comptroller General, these documents-are related to the receipt or use of such assistance. The 9rantee will also give the sponsoring agency orthe Comptroller General, through any authorized representative, access to and the dght to examine all records, books, papers, or documents related to the grant. Appendix A Site Eligibility for Critical Infrastructure Protec;don Funding Site Eligibility for Critical Infrastructure Protection Funding As part of the FY 2003 SHSGP II, funding is being provided to pay for hosts associated with increased secudty measures at cdtical infrastructure sites during the pedod of hostilities with Iraq (March 17, 2003 - April 16, 2003) and future periods of heightened threat. States and local governments should generally cqnsider cdtical infrastructure to include any system or asset that if attacked would result in catastrophic loss of Ii. fe .and/or ' catastrophic economic loss. In addition, protection for the following specific types of · facilities should also be cor~sidered: Publi~ wate~ ~ystems serving large popu~ati(~n centers Primary data.f~torage and p?oce~sing faoil!ties, major stock exchanges.and major · banking centers ~. Chemical facilities Iocate(J in close proximity to large' populatior[ centers Major power generation facili;des that exceed 2000MW and if successfully attacEed would disrupt the re. gional fflectric ~rid Hydroelectric facilities and dams that produce power in excess of 2000MW or. could result in catastrophic loss of life if breached Nuclear Powe~ plar~ts Electric substations. 500KV or larger, and ~ubstations 345KV or larger that are part of a critical system supporting popula, tions in excess of one .millio~ peol~le Rail and highway bddges over major waterways that, if destr~)yed, wou!c~, cause catastrophic economic loss Major highway tunnels under wat~.rways that if atta?ked'would cause catastrophic loss of life or catastrophic economic impact Major natural gas transmission pipelines in excess of 3000 bcf tf~roughput Natural Gas and liquid. Natural Gas Storage (LNG) facilities Major petroleum handling facilities such as pipelines, ports, refineries and terminals Major mass transit subway systems and the supporting ventilation systems Appendix B' Allowable Equipment, E.xercise, Training. and Plann!ng/.¢dministrativ~ Costs- . Allowable Equipment,.Exercise, Training. .. and Planhing/Administrative.Costs' I Allowable Equipment Cos~r. Fur~ds from the First Responder-Preparedness Allocation may be LJsed by the states to enhance bapabilities in the areas of law'enforcement, &mergency medical services, emergency management, the fire serv ca,' hazardous materials, public works, public health,. governmental administrative, public safety communications, healthcare and public he. alth at · e state and local levels of govemment in accordance with'the goals and ol~jectives identified in their state's homeland security strategy.. In additi~:)n, .states and localities may use their · equ!pment allocations to purchase equipment designed to protect ;:ritical infrastructure from . terrorist attacks and for:equipment [o prevent terrorist incidents. First Responder Preparedness Funds may als0 be used for sustainment of first re, pon'der equipment th~,t would be used in a judsdiction's res. ponse to a terrorist threat or event. This. would include repairand replacement parts equipmentwarranties and maintenance contracts for equipment purchased under any ODP state equ pment grant. 'Authorized equipmer~t purchases may be made in the'following categories: 1. Personal Protective Equipment (PPE). 2.'Explosive Device Mitigation and Remediat~.bn Eq;Jipment 3. CBRNE Search & Rescue E(~uipment '4. Intero. p.erable Communications Equipment' 5. Detection Equipment 6. Deco.ntamination Equipment 7. Physical Secun'ty Enhar~cement Equipment ,. . 8. Terrorism Incident Prevention Equipment 9. CBRNE Logis.tic~l Support Equipment 10. CBRNE Incident Respor!se Vehicles .11. Medical Supplies and Limited .'J-ypes of Pharmaceuticals 12. CBRNE Reference. Materials 1. Personal Protective Equipment. 'Equipment worn to protect the individual from hazardous materials and contamination. Levels of protection vary .and are divided into three categories based on the degree ~)f protection afforded. The following constitutes equipment' intended for use in a chemical/biolog cai threat environment: Level A. Fully encapsulated, liquid and vapor protecti~,,e ensemble selected when the highest level of skin., respiratory and eye protection is required The following constitutes Level A equipment for consideration: Fully Encapsulated Liquid and Vapor Proiection Ensemble, reusable or disposable (tested and certified against CB threats) Fully .Encapsulated Training Suits Closed-Circuit Rebreather (mir~imum 2-hour supply, prefer'red), or open-drcuit Self~ ..Contained Breathing Apparatus '(SCBA) or, when ap,Sropdate,:Air~Line System with 15~minute minimum escape SCBA Spare Cylinders/Bottles for rebreath~rs or SCBA arid service/repair kits . Chemical Resistant Gloves, includi'ng ther~al, as appropriate to hazard .' and to supplement fur~ding provided through the FY 2003 State Homeland Security Grant Program for first responder, pr~pa~edn;ss. Personal Cooling System;'Vest or Full Suit with suppgrt equipment needed for maintaining body core temperature within acceptable limits Hardhat/helmet ' Chemical/Biological Protective Undergarment ' Inner Gloves Approved Chemical Resistant Tape Che .mical..Resistant:.B~qts, Ste.el pr Fiberglass Toe a.nd..Shank Chemical Resistaht Outer Booties~" Level B'. Liquid splash resistant ensemble used with highest level of respiratory protection. The ?ollow ng constitute Level B equipment and should be considered for use: Liquid Splash Resistant Chemical Clothing, encapsulated or norf-encapsulated Liquid Splash Resistant Hood Closed-Circuit Rebreather.(minimum 2-hour supply, preferred), open-circuit SCBA, or . when appropriate, Air-Line System with 15-minute minimum escap9 SCBA Spare Cylinders/Bottles for rebreathers o~SCBA and service/repair kits Chemical R.esistant Gloves, including thermal, as apl~ropdate to hazard -Personal Cooling System; Vest or Full Suit with support equipment needed for maintaining body core temperature .within acceptable limits Hardhat/helmet Chemical/Biological ~rotective Undergarm.er~[ Inner GkJves ' Approved Chei'nicab R&~istant TalSe' .' '. Chemical Resistant Boots, Steel or Fiberglass Toe and Shank Chemical Resista. nt Obter Booties Level C. Liquid.splash resistant ensemble; with same level 0f skin protection of Level B, used when the concentration(s) and type(s) of airborne substances(s) are known and the criteria for using ;air-purifying respirators are met. The following constitute Level C equipment and should be considered for use: Liquid Chemical Splash Resistant Clothing (permeable or nbn-permeable) Liquid Chemical Splash Resistant Hood (permeable or non-permeable) Tight-fitting, Full Facepiece, Negative Pressure Air Purifying Respirator with the appropriate cartridge(s) or canister(s) and P100 filter(s) for protection against, toxio industrial chemicals, particulates, and military specific agents. · Tight-fitting, Full Facepiece, Powered Air Purifying Respirator (PAPR) with chemi8ally resistant hood with appropriate cartridge(s) or'canistei'(s) and high-efficiency filter(s) for protection against toxic industrial' chemicals, particulaies, and military specific agents. EqtJiPment or system batteries will include those that are rechargeable (e.g. NiCad) or non-recliargeC4ble with extended shelf life (e.g. Lithium) ' .. Chemical Resistant Gloves, including thermal,'as appropriate to hazard: Personal Cooling System; Vest or Full Suit with support equipment Hardhat Inner Chemicai/t~iological ResistEnt Garment Inner Gloves Chemical Resistant Tape Chemical Res. istant Boots, Steel or Eiberglass Toe and Shank Chemical Resistant Outer Booties · Level D. Selected when no respirator/i~totection and. minimal ski~fl protectio'n is requ re~l~ and the atmosphere contains no known hazard and work functions prec ude sp ashes, immersion, or the potential for unexpected inhalation of, or .cohtact with, hazardous levels of any chemicals. .. Escape mask for self-rescue · Note: During CBRNE response operations the incident commander determines the appropriate level of personal protective equipment. As a ·guide, Levels. A, B, and C are. applicable for chemical/biological/radiological.cqntaminated e~vironments. Personnel ' entering protective postures m~/st undergo medical monitoring pr!or to and after entry. AIl SCBAs should meet.standa'rds 'established.by the National Institute for Occupational Safety and H~alth (NIOSH) for occupational use'by.emergency r~sponders when exposed to Ch~mlcal,'Biological, Radiological and Nuclear (CBRN) agents in accordance with Special Tests under NIOSH 42 CFR 84.63(c), procedure number RCT-CBRN-STP. O002, dated December 14, 2001. ODP anticipates making compliance with NIOSH SCBA CBRN certification a mandatory requirement for ali SCBAs purchased under th~ FY 2004 State Homeland Security Grant Program. Grant recipients should purchase: l) protective ensembles for chemical and biological terrorism ~ncident~ that are certified as compliant with C/ass ~, Ciass 2, or C/ass 3 requirements of National Fire'Protection Association (N~:PA) 1994, Protective Ensembles for Chemical/Biological Terro.rism Incidents; 2) p~'ptective ensembles fqr hazardous materials emergencies that are cerfifled as compliant with NFPA ~ 9g 1, Standard on Vapor Protective Ensembles for Hazardous Materials Emergencies, includidg the chemical and biological terrorism protection; 3) protective ensembles for sear~h and rescue or search and recovery operations where there is no exposure to chemNa/or 'biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are certified as compliant with NFPA ~951, Standard on Protective· Ensemble for USAR Operations; and, 4) protective clothing from blood and body fluid pathogens for persons providing treatment to victims after decontamination that are certified as compliant with B-3 NFPA f 999, Standard on Protective Clothing forEm ergency Medical Operations. For more information regarding these standards, please refer to the following web sites: The.National Fire Protection Association - ~ . · National Institute for Occupational Safety aqd Health - 'hflD:/lwww. cdc. oov/niosh 2. Explosive Device Mitigation and Remediation - Equipment providing for the mitigation · and rernediation of explosive devices in a CBRNE environment:' Bomb Search Protective Ensemble for Chemical/Bi(~logical Response Chemical/Biological U'ndergarment for Bomb' Seamh Protective Ensemble Cooling Garments to manage he'at stress '. Ballistic Threat Body Armor (not for'riot suppress!on) Ballistic Threat Helmet (not for dot suppression) Blast a. nd Ballisti(~ Thi'eat Eye Protection (not for dot suppression) Blast and.Overpressure Threat Ear Protection (not for riot supp¢ession Fire Resistant Gloves ~' " DearmedDisrupter ' Rea! Time X-Ray Unit; Portable X-Ray Unit CBRNE Compatible Total Containment Vessel (TCV) CBRNE Upgrades for Existing TCV Robot; Robot Upgrades. Fiber Optic Kit (inspectiqn or viewing) Tents, standard or air infl.atable for chem/bio protection Inspection mirrors I;)n Track Explosive Detector ·. 3. CBRNE Search and Rescue Equipment -' Equipment providing a technical search and rescue capability foi~ a CBRNE environment: Hydraulic tools; hydraulic I~ower unit '. Listening devices; hearing protection Search cameras'( including ~ermal and infrared imaging) Breaking devices.(including spreaders, saws and hammers) Lifting'devices (including ~ir bag systems, hydrau]ic rams, jack~; ropes and block and tackle) ~. .Blocking and bracing materials Evacuation chairs ()'or evacuation of disabled persoanel Ventilation fans 4. Interoperable Communications Equipment - Equipment and systems providing connectivity and electrical interoperability between local and interagency organizations to coordinate CBRNE response operations: Land Mobile, Two-Way.In-Suit Communications (secure, hands-free, fully duplex, optional), including air-to-ground capability' (as required) Antenna systems Personnel Alert Safety System (PASS) - (location and physiological monitoring B-4 systems optional) Personnel Accountability Systems· In~lividual/por[able radials, software radios, portable repeaters, radio interconnect systems, satellite phor~es, batteries, chargers and battery conditioning systems Computer systems designated for use in.an integrated system to assist with detection and communication efforts (must b~ ~nked with ·integrated software packages designed specifically for cl~emical and/or biological agent detection and · communication purposes) . Portable Meteorological Station (monitors temperature; wind speed, wind direction ' and barometric pressure at a minimum) Computer aided dispatch system Commercially availal~le crisis management software Mobile Display 'Eerminal~.. NoSe: In an effort to. improve public safety interoperability; al~ new or·Upgraded radio systems and new radio equipment should be compatible with a suite of standards called· AN. SI/TIA/EIA-102 Phase I (Project 25). These standards have been developed to allow for backward compatibility with existing .digital. and analog systems and provide for intcroperability in future systems. The FCC.has chosen the Project 25 ' suite o~ standards for voice and Jowrmoderate speed data interoperabllity in the new nationwide 700 MHZ frequency band and the ldtegrated Wireless Network (IWN) of (he U.S. Justice and Treasury Departments has chosen the Project 25 suite.of standards for their new radio, equipment. In an effort to realize.improved interoperability, all radios purchased under, this grant should be APCO 25 compliant. 5. Detection Equipment. Equipment to sample, detect, identify, quantify, and monitor for chemical, biological, radiological/nuclear and explosive agents throughout designated areas or at specific points: Chemical M-8 Detection Paper for chemical agent identification M-9 Detection Paper (mid for chemical agent (military grade) detection M-256 Detection Kit for Chemical Agent (weapons gr. ado blister: CX/HD/L; blood: AC/CK; and nervei GB .A/X) detection M-256 Training Kit M-18 Sed~s Chemical Agent De(actor Kit for surface/vapor chemical agent analys s ' Hazard Categorizing (HAZCAT) Kits ' ' Photo-Ionization Detector (PID) ' ' Flame Ionization Detector (FID) Surface Acoustic Wave Detector Gas Chromatograph/Mass Spectrometer (GC/MS) Ion Mobility Spectrometr~ Stand-Off Chemical Detector M-272 Chemical Agent Water Test Kit ,Colormetric Tube/Chip Kit specific for TICs and CBRNE applications Multi-gas Meter with minimum of 02 and LEL Leak Detectors (soap solution ammonium hydroxide, etc) pH PapedpH Meter ' Waste Water'Classifier Kit : ' · Oxidizing Paper Protective ca~es for sensitive detection eq¥ipment storage'& transport Point Detection Systems/Kits (ImmunoassaY or other technology) Radiological/Nucle. ar :. ' Radiati°n deiecti°n equipment (electronicor other techl~ologythat delects alp'ha, beta, gamma, and high intensity gamma) Personal Dosimeter Scintillation Fluid (radiological) pre-packaged' Radiation monitors ' Explosive Canines (initial acquisition, initial (:fper:atioqal capabi!ity only) 6. Decontamination Equipment ~ Eguipment and materiai used to clean, remediate, remove or mitigate chemical and biologica! contamination: ' ' ' Chemical. Decontamination system for individual and mass appli~;ation with environmental contrq s,' water heating system, showers, lighting, and transpor[ation (trailer) Decon Litters/roller systems Extraction Litters, rollable RunOff Containment Bladder(s), decontamina{ion shower waste collection with int}'insically-safe evacuation 1Sumps, hoses, connectors, scrub brushes, nozzl&s Spill Containment Devices ' .. 'Overpak D~ms -. Non-Transparent Cadaver Bags (CDC star;dard) Hand Carts . · Waste water classification kits/.stdps Biological '. · . HEPA (High Efficiency Particulate Air) Vacuum for dry decontamination 7, Physicai Security Enhancement Equipment. Equipment to enhance, the physical security of critical infrastructure. Surveillance, Warning, Access/Intrusion Control Ground Motion Detector Systems: Acoustic;.Infrared; Seismic; Magnetometers ]3-6 Barriers: Fences; Jersey Walls · Impact Resistant D.oors and Gates Portal. Systems; locking devi~es for access control Alarm Systems " V. ideo Assessm~ntJCameras: Standard, Low Light, IR, Automated Detection Personnel Identifi .cation: Visual; Electronic; Acoustic; Laser; Scanners; Cyphers/Codes X-Ray Units Magnetometers Vehicle Identification: Visual; Electronfc; Acoustic; Laser;, .P~adar Waterfront Radar Systems Video, A. ssessment S~;,stern/Oameras: Stanc[ar~, Low Li[jht? IR, Automated Deteciion Diver/Swimmer Detection System{~; Sonar Impact Resistant Doors and Gates Portal SyStems Hull Scanning Equipment Plus alt those for Ground Sensors - Agent/Explosives Detection Chemical: Acti',;e/Passive; Mobile/Fixed; Handheld Biological: Active/Passive; Mobile/Fixed; ~.and~eld Radiolbgical Nublear Ground/Wall Penetrating Rad.ar Inspect on/Detection Systems Vehicle & C~i'g(~' Insl~ection',~yst&m.- Gamma-ray Mobile Search & Inspection System- X-ray Non-lnvasive Radiological/Chem/Bio/Explosives System- Pulsed Neutron Activation .Explosion Protection Blast/Shocldlmpact Resistant Systems ' Protective Clothing Column and Surface Wraps; Break~ge/Shatter Resistant Glass; Window Wraps Robotic Disarm/Disable Systems 8. Terrorism Incident Prevention Equipment (Terrorism. Early Warning, Prevention, and Deterrence Equipment and Technologies) - State'and local-public safety agencies will increasingly rely on the integration of emerging technologies and equipment to improve jurisdictional capabilities to deter and prevent terrorist incidepts. This includes, but is not limited to: equipment and associated components that enhance a jurisdiction's ability to ]3-? disseminate advanced warning informatio~ to' pi'event a terrorist incident or disrupt a terrorist's ability to carry out the event, including information sharing, threat recognition, and · public/private sector collaboration. · Data collection/ihformation gathering software Data synthesis software Geographic Information System i~formation technology an~l.software Law enforcement surveillance equipment 9. CBRNE Logistical Support Equipment - Logistical suppod gear used to store and transport the equil~ment to the CBRNE. incident site and handle it once onsite. This category also includes small support equipment nc uding intrinsically-safe (non-sparking) hand tools required to support a variety of tasks.and to maintain equipment purchased under the grant as well.as general suppor~ equ pmer{t intended to support the CBRNE in~:Jdent response · Equipment trailers ~ · - Weather-tight containers for equipment storage Software for equipment tracking and inventory. Handhetd computers for Emergency Response applications' ' ' Sr0alt Hand tools Binoculars, head lampsl range finders and spotting scopes (hot for weapons use) Small Generators to operate light sets, water pumps for decontamination sets Light sets for nighttime operations/security Electrical Curr~nt detectors · Equipment harnesses, belts, and vests Isolation containers.for suspected chemical~b!ological samples Bull horns Water pumps for decontaminati(~n systems Bar code scannedreader for equipm'ent invento.ry control Badging system equipment and supplies · ' Cascade s~stem.for refilling SCB.~ ox~'gen bottles' .. SCBA fit test equipment and software to conduct flow te~ting Testing Equipment for fully encapsulatedsuits Cooling/Heating/Ventilation Fans (personnel and deCOntamination tent use) HAZMAT Gear Bag/Box .. 10. CBRNE Incident Response Vehicles - This category includes ~pecial-purpose vehicles for the transport of CBRNE response equipment and personnel to the incident site.' Licensing and registration fees are the responsibility of the jurisdiction and are not alIowaSle under this grant.. In addition, general purpose vehicles (squad cars, executive .transportation, etc.), fire apparatus, and tactical/armored assault vehicles' are not allowable. Allowable vehicles include: Mobile command post vehicles Hazardous materials (HazMat) response vehicles Bomb response vehicles' Pdme movers for equipment trailers 2-wheel personal transport vehicles for transporting fuil~, suited bomb technicians, Level NB suited technicians to the ~ot Zone ' Multi-wheeled all terrain vehicles for transporting perso'nnel and equipment to and from 'the Hot Zone- 11. Medical Supplies and Ph~rrdaceuticals - Medical Supplies and pharmaceuti(~als required for response to a CBRNE incident. Grantees are responsible for replenishing items' after shelf-life expiration date(s), Medical Supplies Automatic Biphasic External Defibrillators and carry bags Equipment and supplies for establishing and maintaining a patient airway at the advanced life support level (to i~clude OP'add NG airways; ET tubes, styletes, blades, and handles; portable suction devices and catheters; and stethoscopes for monitoring breath sounds) · Blobd Pressure Cuffs ~ IV Administration. Sets (Ma~ro and Micro)'and Pressure Infusing Bags IV Catheters (14, 16, 18, 20, and 22 gauge) IV Catheters (Butterfly 22, 24and 26 gaoge) Manual Biphasic Defibrillators (defibrillator, pacemaker, 12 lead) and. carry bags Eye Leflse for Lavage or Continuous Medication Morgan Eye Shields Nasogastdc TL~bes Oxygenadministrationequipment and supplies (including bag valve masks; reb~eather and non-rebreather masks, arid nasal cannulas; oxygen cylinders, regulators, tubing, . and manifold distribution systems; and.pulse oximetry, Capnography & CO2 detection devices) Podable V~ntilator Pulmonary Fit Tester Syringes {3c0 and 10cc) 26 ga ~" h'eedles (for syringes) '21 ga. 1 ~'" needlSs (for s~finges) Td.age Tags and Tarps Stedle and Non-Sterile dressings, all forms and sizes Gauze, all sizes Pharmaceuticals 2Pam Chloride Adenosine Albuterol Sulfate .083%' .Albuterol MDI. Atropine.0.1 & 0.4 rog/mi Atropine Auto Injectors Bffr~adryl CANA Auto Injectors B-9 ~ Calcium Chlodde Calcium Gluconate 10% Ciprofloxin PO Cyapide kits Dextrose Dopamine Doxycycline PO Epinephrine Glucagon Lasix Lidocaine ' Loperamide Magnesium. Sulfate Methylprednisolone · Narcan Nubain '. Nitroglycerin Normal Saline (500 and 1000 mi bags) Potassium Iodide Silver Sulfadiazine Sodium Bicarbonate Sterile Water Tetracaine Thiamine Valium 12, CB RN E Refere~be Materials - P~eference materials des gned to assist emergency first responders in preparing for and responding to a CBRNE incideni. This includes but is not limited to the following: NFPA Guide.to hazardous materials NIOSH. Hazardous Materials Pocket Guide North Amedcan Emergency Response Guide Jane's Chem-Bio Handbook First Responder Job Ai~ls I1. Allowable Exercise Cos,.~ Funds from the First Responder Preparedness Allocation may be used to plan for, design, develop, conduct and evaluate exercises that train emergency responders.and assess the readiness of jurisdictions to prevent and respond to a terrorist attack. Exercises must be threat and performance-based, in aJ;cordance with ODP's Homeland Secudty Exercise and Evaluation Program (HSEEP) manuals. These manuals will provide explicit direction on the design, condL(ct and evaluation of terrorism exercises. Exercises conducted with ODP support (grant funds or direct support) must be manage8 and executed in accordance with the HSEEP. B-lO · Allowable exercise-related costs include 1.. Exercise Pl~nni.ng Workshop - Grant funds may be used to plan and conduct an. Exercise Planning Workshop to include costs related to planning, meeting space and other .meeting costs, -facilitation costs, materials and supplie~, travel and exercise plan development. B-Il 2. Full or Part-Time Staff or Contractors/Consultants - Full (~r part-time staff may be hired to support exemise-related activities. Payment of salaries and fdnge benefits must be in accordance with the policies of the state or uni!(s) of local government and have the approval of the state ~r the awarding agency, whichever is applicable.. The services of contractors/consultants may also be procured by the state in the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement . policy or the Federal Acquisition Regulations (FAR)_must be followed'. 3. Overtime - Payment of overtime'expenses Will be for work performed by award (SAAi or sub-award employees in i~xcess of the established work week (u~ualty 40 hours).. Further, over:time payments are allowed only to the extent the payment for such services is in adcordance with th~ policies of the state or unit(s) 0f local govemment and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual · compen~atiq).n..-allowable...3'hat is, .~n employee of~ unit of. govemmeqt.maY r~ot receive..' compensation from theiF unit or agenc~ of~dver~ment'AND from. an award for a single period df time (e.g.,' 1:00 pm to 5:00 pm), even thdugh such work may benefit both ' activities. Fringe benefits on overtime hours are limited to.FiCA, Workman's Compensation and Unemployment Compensation. 4. Tr~vel - Travel costs ii.e. airfare, mileage, per diem, hotel, etc.) are ~llowable as expenses by employee, s who are on travel status for official business related to the planning and conduct gfthe exercise project(s). These costs must be in accordance with either the federal or an organizationally-approved travel policy. ~. Supplies - Supplies are items that are e~pend~d or consumed during the course of the planning and' conduct of the exercise project(s) (e.g., copying paper, gloves, tape, and non- sterile masks). 6, Implementation of the HSEEP - Costs.related to setting up a~d. maintaining a system to track the.completion and submission of AARs and the implementation of corrective actions from e~(~rcises,'.Which may.include cest!s associated with meeting with. local ' · judsdlotidns to define procedures. (N~)te:.ODP is developing a national information system for the scheduling of exercises and the tracking of AAPJCAPs to reduce the burden on the states and to facilitate national assessments of preparedness.) 7. Other Items - These costs include the rental of space/locations for exercise planning an¢ conduct, exercise signs, badges, etc. ' III. Allowable Traininq Cost~ Funds from th9 First Responder Preparedness Allocation may be used to enhance the capabilities of state and local first respond~rs through the development of a state homeland security training program. Allowable training-rblated costs include: li establishment 9f CBRNE training capacities within existing training academies, universities or junior colleges; and, 2) overtime costs associated with attendance at CDP sponsored CBRNE training courses, B-11 The target audience for training suppoded through the FY 2003 SHSGP II must be emergency responders, emergency managers and publ c/elected officials Within the following'disciplines: firefighters, I~w enforcement, emergency management, emergency medical services, hazardous materials, public works, publ!c health, health care, public sa)~ety communicatiQns, g6vernmental administrative and private security guards. Grantees using these funds to develop their own'courses should address the cdtical training areas and gaps identified in the State's H~)meland Secudty Strategy and mu~t adhere to the ODP Emergency Responder Guidelines. These guidelines may be fou n.d .at: http://www.oio.usdo, govl6dD/whatsnewlwhats new.htm To facilitate the development of training consistent with the ODP Emergency Responder Guidelines, states are encouraged to adopt.the following 'c.u~re[~t ODP awareness and performance level courses: Emergency Response to Terrodsr~: Basid Concepts . Emergency Response to Terrorism: Basic Concepts-(Tr~in the Trainer). Emergency-Response to Terrorism: Basic Concepts (Self-Study) · . Managing Civil Actions in Threat Incidents (MCATI): Basic Course (Train the Trainer) Terrorism Awareness for Emengency Responders (Internet) Emergency Medical Services (EMS): Basic Concepts for WMD Incidents (Intemet) Public Works: Basic Concepts for WMD Incidents (Internet) Law Enforcement Response to Weapons of Mass Destruction-Awareness Law Enforcement Response to W~apons ?f Mass Destruction-Awareness (Train the Trainer) Campus Law iEr~forcement Awareness Training on WMD Terrorism Incident Response to Terrorist Bombings-Awareness WMD Radiological/NucJear Awareness ' WMD Radiological/Nuclear Awarer~ess-(Train the Trainer)' WMD Crime Scene Managbment for Emergency Responders EmeFgency Response to Terrorism: Operations Course (Trai~ the Trainer) For a detailed description of each of these courses please refer i(~ the ODP WMD Train!ng Course Catalogue located at: httD:llwww.oio.usdoi.qq)vlodp/ IV. Allowable Plannin'~l Admlnistrative Cost~ Funds from the First Responder Preparedness Allocation may be used to pay for activities associated with the completion of the FY 20Q3 assessment and strategy update process, as well as for those costs associated with the implementation of the overall state homeland secudtystrategy, including: 1) conducting training sessions to ensure accurate completion of the needs assessment; 2) updating and refining statewide homeland security strategi~ plans; 3) hiring of full or part-time staff or contractors/consultants to assist with the collection of the needs assessment data and updatin~ of the state strategic plan; 4) travel expenses; 5) meeting-related expenses; 6) implementing and managing programs for eqbipment acquisition, training and exercises; 7) conducting local or regional strategy implementation meetings; 8) hiring of full or pad-time staff or contractors/consultants to assist with' the B-12 implementation and administration of the state homeland secudty strategic plan; and, 9) the acquisition of aut.horized office equipment. (Note: Authorized office equipment includes personal computers, laptop computers, printers, .LCD projectors and other equipment or software which may be required to support implementation of the state strategy. 'For a complete list of allovcable mee. ting-related expenses, please ~'e')iew the OJP Office of the Comptroller (OC) Financial Guide at: bttD://www.oio.usdo].eov/FinGuide.) In order for ODP to effectively coordinate homeland security programs with each state, 'it .is imperative that the State Administrative Agency (SAA) in e~ch state be.sufficiently staffed to administer the full range of support programs offered by ODP and other federal ~gencies. When identifying administrative and planning needs,, e.ach grantee should assess current staffing levels, and determine whether a portion of the FY 2003 SHSGP II funds's, hould be used .t? enhance administrative capabi t es within the SAA. ' B-13 Appendix C Grant. Reporting Requirements Grant Reporting Requirements I. Financial status Reports (SF-269A) A. Reporting Time Line - Financial Status Reports are due within 4~.5 days.after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar qL!arters,, as We as for Pedods where no grant activity occurs (see below). ' First 1/1 - 5/15 ,., Quarter 3~31 6/30 Third . 1011 - Quarter - 12/31 I1. Categorical.Assistance Progress Reports (OJP .Fo~ffi 4587/1) A. Reporting Time I_ine - Cata§odcal'Assistance Progress Report~ are due within 30 days after the end of the repo~ng p~dods, which, are Ju. ne and. Bacember 3¢, for the life of the award. Second Quarter Third Quarter Fourth Quarter .C-1 13. Budget Detail Worksheets - Grantees MUST provide detailed budget information for ALL costs funded through the Fiscal Year 2003 SHSGP II. This information MUST be provided as an attachment to the Categorical Assistance Progress Report for the .reporting period ~nding June 30, 2003. Sample Budget Detail Worksheets detailing the information that MUST be furnished for each allocation are provided below SamDle Cdtical Infrastructure Protection Budo'et Detail Worksheet for Direct Purchase~ X Bddge National Guard Deployment $300,000 Y Transit System Police Overtime $200,000 Z. Public Building ~ontract Secudty Personnel $250,000 ~ Total $750,000' Sample Critical Infrastruc~ture Protection Budget Detail Worksheet for Sub-Awards County A $450,000 City B $750,000 State Agency C $250,000 Total $1,450,000 SamPle' First Responder Preparedness Bud~et Detail Worksheet for Direct Purchases of. E~uipment County A PPE SCBA-30' 10 $500 HZ-$250 min. LE- $250 City B Detection Chemical Ageny Monitor 2 $1 ,0oo HZ-$~,000 FS-$700O State Agency C Communications Radio 3 $150,000 FS - $50,000 Interconnect LE- $50,000 , System EMA - $50,000 Total $164,500 ** Law. Enforcement (LE), Emergency Medical Services (EMS), Emergenc~nagement (EMA) Fire Service (FS), HazMat (HZ), Public Works (PW), Public Health (PH), Governmental Administrative (GA), Public Safety Communications (PSC}, Health Care (HC). r SamPle First ResDonder Precaredness Budaet Detail Worksheet for Direct Purchases of Exercise. Traininq and Plal~ning/Administrative ServicR~ County A Training Overtime Support attendance at' $750 Incident Response to Terrorist Bombings Course City B Exemises Contractor Desig.n CBRNE $~130,000 Exercise Program State Agency C Planning/Admin PerSonnel Grant Manager $50,000 Total $135,750 Sample First ResDonder Preoaredness Budoet Detail Worksheet for Sub-Awards County A City B State Agency C Total $200,000.00 $150,000.00 $800,000.00 $150,000.00 $300,000.00 . $300,000.00 $1,000,000.00 · $450,000.00 $450,d00.0o $250,000.00 $250,000.00 ' 'C. Additional Information - Grantees must also use BlOc~< 12 of each Categorical '.Assistance Progres~ Repod to describe prqgress to date in implementing the grant and its !mpadt on homeland secudty in the'state: Each report must'provide an update on the following activities thai obcurred during the designated repo~ng pedod: 1 ) ~)escdb& progress made to date in implementing this grant. Funds Used for Eaui~ment If your state is sub-granting funds for equipment purchases, report: ' The'total number of sub-grants that the state intends to award; The number of sub-grants that.the state has awarded to date, with the tot¢l amount of awards made thus fa~; The name's of agencies and/or jurisdictions that have received sub-grant awards during the reporting period and the amounts rec&ived; and The total amount of funds expended through approved sub-grants to date. Attach any new equipment budgets that have been submitted to the state by sub-grantees during the reporting period. Each sub-grant budget should include the Equipment Budget Category, Item, Quantity, Estimated Total Cost C-3 , · ' and Discipline Allocation. If your state is purchasing and dis~.dbuting equ!pment, report: The state agencies and/or local jurisdictions the have received equipment 'dudng the reporting pedod and the funding amount allocated for each; -The total amount of funding that has been obligated by the state thus far; The total amount of funding that has been expended by the state thus far; and, · The percentage of overall equipment (in dollar value) that has been received and distributed. Regardless of th~ s~te's method of funding/equipment distribution, indicate ~vhether personnel within recipient agen(~ies'and/or jurisdictions are sufficiently trained to use grant~funde6-equipr~ent¢ and.if, technical-assistan'ce' or oth.er·~r.'aining is needed. An~, pr¢curement, distribution; or other equipment related problems should also be noted in the progress report. Funds Used for Exercises If the state is using exercise funds to hire 'state-level staff/contractors, indicate general actMties that have occurred during.the reporting period. Describe how the additional staff has contributed to er~hancement 6f exercise programs within the state. Relevant questions to address may include: What elements of a.statewide exer~.ise progra~m have been developbd? What type. of coordination has occurred between state-level exercise staff/contractors and local jurisdictions? What exercises have state exercise staff/contractbrs helped identi~y, develdp,. conduct, and/or evaluate? V~hatjudsdictions were involved? If exercises have occurred, hqw are the post-evaluatioQs being used to identify and address preparedness needs? HaYe"~ctibns.beer{ tickerS'on ~hy 'exercise evaluati'on.findihgs? Attach any outstanding after action reports. If exercise funds were p~rovided to local jurisdictions and/or state agenci'es to develop, conduct, assess,' and/or participate in exercises, indicate how those funds were generally used. Relevant questions to address.may include: What jurisdictions/agencies were involved in the exercises? What activities did the funds support (i.e. overtime for partici pants, contractors, etc.)? If exercises have occurred, how are the' post-evaluations being used to identify - and address preparedness needs? Have actions been taken on any exercise evaluation findings? Funds Used for Traininq If funds have been used for training, decscdbe how they were used. Some relevant questions to ask include: C-4 Are funds being used to,develop a compreher~sive Homeland Security training 'program in the .state? What steps have been ident fled and taken? Have training staff been hired? What activities are they ~ndertaking? Have funds been provided to state academies, universities, or other institutions to enhance Homeland Security preparedness? How will this impact the number · of respoqders and other officials trained? ' ' · If.funds have been provided to academies, universities, or other institutions, how many individual8 have been trained? Are funds being provided to local jurisdictions and state agencies to pay for · training courses/overtime? · Fuhds Used for Planninq and Administrative Puroo~;$' ' Report'hifing of additional staff and e~:tivities they have pursued. Additionally, indicate steps taken to facilitate'the state homeland security s'trategy. Describe meetings and assessment/strategy training sessions that have occurred with state officials and local jurisdictions. Note any. difficulties and indicate if technical · assistance is needed. 2) Additionally, address the following issues. ,Describe progress made to date o~ achieving the state's overall goals and objectives as identified in th& state homeland secudty strategy. Bdefly explain how ODP resources (other than those already aa~iressed above) are contributing to attaining the overall goals and Qbjectives identified in the state homeland security strategy. Ider~tifyother significant activities/initiatives your state &nd/or local jurisdictions are pursuing to enhance overall ·preparedness and responder capabilities, particularly those initiatives not previously addrbsses in the state homeland security strategy, or not being supported by ODP resources. Identify problems your state is encountering regarding the implementat on of any area of the state homeland security strategy, and ~ny steps taken by your state to resolve these problems/issUes. identify areas or concerns not addressed that require incorporation into the ODP State Assistance Plan (SAP). If applicable, briefly describe any unique initiatives/promising practices your. state has undertaken that may be applicable to other states or jurisdictions. If applicable, provide any feedback on the ODP grant process and ODP assistance with strategy implementation, including implementation of the SAP. 'Identify any other issues or concerns not addresses above. C-$ ' ~ CONTRACT -- , At~ENDMENT NO, Thb number ifly~i~esT correspondence and. Federal Department of Homeland Security (DHS), Office i'c~/~.~sticg~'~t~[dne~s (ODP) Reimbursement Grant Pro m~s I I FOr the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes This agreement, pursuant to A.R.S. § 11-951 et seq., is entered between the State of Arizona, Division of Emergency Management (ADEM) and Pima County, for and on behalf of Pima County Health Department (Sub-grantee). This agreement shall apply to funds provided by or through the State to the Sub-grantee, pursuant to the United States Department of Homeland Security, Office for Domestic Preparedness and Public Laws 108-11,107-56, and 10%296. A. Term and Extension This IGA shall be effective 4/01/2003 and except as otherwise provided in this agreement, this agreement shall terminate on 4/30/2005. Any modification or time extension of this Agreement shall be by formal written amendment and executed by the parties hereto. B. Termination Either party may terminate this Agreement atany time by giving written notice of such tenuination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. C. The Sub-grantee certifies that: 1. The recitals set forth above and the Sub-grantees certifications in para'graphs 2 through 13 below are incorporated into the agreement set forth in Sections B. through I. below as if set forth in their entirety. 2. The undersigned individual has legal authority to apply for funds on behalf of the Sub-grantee. 3. Federal funds under this award will be used to supplement but not supplant state or local 'funds. 4. The sub-grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving US DHS/ODP funds. 5. The Sub-grantee shall use U8 DHS/ODP funds solely for planning, administrative, training, exercises and, when applicable, for the purchase of US DHS/ODP authorized equipment. 6. The Sub-grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by ADEM. Exhibit B 7. The Sub-grantee shall return to the State, within two months of such request by ADEM, any partial reimbursement not supported by audit or other State review of documentation maintained by the Sub-grantee. 8. The Sub-grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 9. The Sub-grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 10. The Sub-grantee shall not enter into any contract with any party that is debarred or suspended from participating in State programs. 11. In accordance with the provisions of Section 319 of Public Law 101-121, and implementing regulations at 44 CFR Part 19, the State is responsible for obtaining from state agencies and political subdivisions (Sub-grantees), contractors and subcontractors under this contract the requisite "Certification Regarding Lobbying" and "New Restriction on Lobbying" (44 CFR Part 18) for each grant. The Sub-grantee is responsible for filing these certification and disclosure forms with the State. 12. In accordance with the Drug free Workplace Act of 1988 and implementing regulations, the Sub-grantee will provide the State a "Certification Regarding Drug-Free Workplace Requirment*s". 13. The Catalog Number of Federal Domestic Assistance (CFDA) for this grant is 16.007. The Sub-grantee agrees to: 1. Comply with applicable state and federal program laws, Executive Orders, regulations, OMB Circulars, and the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Comply with the organizational audit requirements OMB Circular A-133, Audits of States, Local Govemments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19 (www.oip.usdo~. gov/FinGuide). 3. Submit a final financial status report to ADEM Homeland Security Grant Administrator, any required performance reports, a request to close the program, and any other required forms and certifications within 90 days of completion of grant activities. 4. Complete all activities related to funds within the time period prescribed in US DHS regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. 5. Submit quarterly status reports and closeout reports until the grant ends. Reports · are due on January 30, April 30, July 30, and October 30. Extensions will be granted due to conditions/canses that are beyond Sub-grantee's control. 2 E. Payment In Accordance with US DHS/ODP Grant Guidelines reimbursement will be the method for disbursement of funds. F. Non-Availability of Funds Every payment obligation of the State is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by ADEM at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the Al)EM shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. G. Audit of Records The Sub-grantee shall retain all data, books and other records ("records") relating to this Agreement for a period of three years after completion of the Agreement. Ail records shall be subject to inspection and audit by ADEM at reasonable times. Upon request, the Sub-grantee shall produce the original of Imy or all such records. H. Interest Earned Sub-grantees shall account for interest earned on Federal funds. Interest earned shall be returned to the State Administering Agency, ADEM which shall in turn return the funds to the US DHS/ODP. I. Cancellation for Conflict of Interest Pursuant to ARS 38-511, the state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any extension of the contract in any capacity or a consultant to any other party of the contract with' respect to the subject matter of the contract. A cancellation made pursuant to this provision shall be effective when the Sub-grantee receives written notice of the cancellation unless the notice specifies a later time. J. Civil Rights All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All Sub- grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OJP-funded programs or activities. Section 809 (e)(1), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d) of the Act provides that "no person in any state shall on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity" in which federal law enforcement assistance is provided under this chapter. Recipients of assistance under the US DHS/ODP support are subject to the provisions of Section 809(c) of the Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the US Department of Justice Non-Discrimination Regulations, 28 CFR part 42, subparts C, D, E, and G. 2. If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability, or age against a recipient of funds after a due process hearing, the recipient must agree to forward a copy of the finding to the Office of Civil Rights. If the Sub-grantee is applying for a grant of $500,000 or more, US Department of Justice regulations (28 CFR 42.301) require an Equal Employment Opportunity Plan. The plan should be included with the application submission if it is not already on file. 3. A Sub-grantee that receives $500,000 or more (or $1,000,000 in an 18-month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP) within 60 days 0f award to OCR at the US Department of Justice, Office of Civil Rights, 810 Seventh Street, NW, Room 8136, Washington, DC 20531. 4. Alternatively, the Sub-grantee may choose to complete an EEOP Short Form, in lieu of sending its own EEOP, and return it to OCR within 60 days of the date of this letter. 5. If any agency has under 50 employees, regardless of amount of award, no EEOP is required; however, Sub-grantee must return applicable portion of Certification Form to OCR within 60 days of award. Pursuant to the special conditions regarding EEOPs governing this award, recipient acknowledges that failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the OCR. IC Indemnification. To the extent permitted by law, each party (as indemnitor) agrees to indemnify, defend and hold harmless the other party (as indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or property damage, but only' to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. L. ADA. The parties shall comply with 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. M. Severability. If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. N. Entire Agreement This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Phna County Recorder, or Arizona Secretary of State, whichever is appropriate. O. Additional Instructions For Sub-grantees Receiving $25,000 or More, but Under $500,000. Pursuant to Department of Justice regulati°ns, each Sub-grantee that receives $25,000 or more and has 50 or more employees iF required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the sub- grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR). Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. P. Additional Instructions For Sub-grantees Receiving Under $25,000. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP). No Certification is required. Q. Instructions for All Sub-grantees. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. The employment practices of certain Indian Tribes are not covered by Title VE of the Civil Rights Act of 1964, 42 USC Section 2000e. Additional information and technical assistance on the civil rights obligations of grantees and Sub-grantees can be found at: www.oip.usdoi.gov/ocr. R. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review, to the extent required by ARS 12-1518 except as may be required by other applicable statutes. 5 Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes Agreement Signature Page SIGNED FOR THE SUB-GRANTEE: PIMA COUNTY: Board of S.ut~s Date ATTEST: ~2l~rk of~e Boar3 Date APPROJ~[ED AS TO CONTENT: Pima County Health Department 150 W. Congress, Tucson, AZ 85701 SIGNED FOR THE STATE ADMINISTERING AGENCY: rar~k F. Navd-rete, Director/''~ /- " Arizona Division of Emergency Management Arizona Office of Homeland Security Date INTERGovERNMENTAL AGREEMENT DETERMINATION . The foregoing Intergovernmental Agreement between Pima County and the State of Arizona has been reviewed pursuant to A.ILS. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the intergovernmental Agreement represented bY the undersigned. ?IMA COUNTY STATE OF ARIZONA Date Attorney for State of Arizona Date TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 3, 2004 AGENDA ITEM: IX.A. 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No.2004-110: Relating to Subdivisions; approving a Final Plat for Ironwood Reserve Block 1. DISCUSSION The project site is located north of Pima Farms Road, and west of Continental Reserve Blocks 1 & 7, in the Pima Farms Specific Plan. This and three other developments were created by the approval of the Pima Farms Village Preliminary Plat, Resolution No. 2003-161, on December 16, 2003. The land use for this project is Medium Density Residential per the Pima Farms Specific Plan. The proposal is for 99 lots on 40 acres (2.47 RAC). The lots are numbered 148 through 173 and 223 through 295. The minimum lot size in this project is 6,122 square feet on lot number 258, and the maximum is 20,948 at lot number 244. The average lot size is 7,724 square feet. Parcels "B" and "BI" are governed by a recorded easement, and are designated as "Open Space". The Homeowners Association will accept responsibility for the governance of this, and all other common areas, drainages, and easements. Common Areas "E", "El", "F", "G", "H", "I", "Il", and "I2" are Drainage, Open Space, Utility easements, Slope easements, and Landscape Buffers. Parcel "C" is a park site. Parcel "C" will be designed as a park for the use of residents, but in addition it will be a staging and trailhead area for equestrian and pedestrian access to Saguaro National Park. A conceptual plan shows areas for horse trailer parking, watering stations for horses, hitching posts, restrooms, and trash containers for the use of those riding the trails into the National Park. The conceptual plan has been reviewed by Marana Parks and Recreation and the concept has been accepted for further development. The south fifty feet of the property is adjacent to Pima Farms Road and inclusive of the required 50-foot setback, a dedicated equestrian easement within the 50-foot setback, and a 10-foot public utility easement, also within the fifi3~ foot setback. Ingress and egress will be provided to the project by one street entering from Pima Farms Road. Shadow Wash Way will provide north/south access to this block, and Ironwood Reserve Way will connect this block with blocks two and three in a westerly direction. Five cul-de-sacs ~rovide for the access to the lots on the east side of Shadow Wash Way. 080304PRV-03110 Ironwood Reserve Blk I The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will he collected at the time of building permitting. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan, the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements. RECOMMENDATION Staff recommends approval of Resolution No. 2004-110 approving a final plat for Ironwood Reserve Block 1 Final Plat. SUGGESTED MOTION I move to approve Resolution No.2004-110. 080304 PRV-03110 Ironwood Reserve Blkl FP -2- MARANA RESOLUTION NO. 2004-110 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR IRONWOOD RESERVE BLOCK 1 WHEREAS, the Preliminary Plat for Pima Farms Village (now Ironwood Reserve) was heard and approved by Marana Town Council at the regular meeting of September 16, 2003. WHEREAS; Pima Farms 160, L.L.C., the owner of Ironwood Reserve Block 1 has applied for approval of a Final Plat for 99 single family detached homes on 40 acres, comprising Block 1, and including lots 148 through 173, and lots 223 through 295, and Parcels "B", "BI", and "C", and Common Areas "E", "El", "F", "G", "H", 'T', "I1", and "I2", and is generally located north of Pima Farms Road and west of Continental Reserve Blocks 1 & 7, within Section 29, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 3, 2004, has determined that the Ironwood Reserve Block 1 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Ironwood Reserve Block 1 Final Plat, a 99-1ot residential subdivision within the Pima Farms Specific Plan, and generally located north o£Pima Farms Road and west of Continental Reserve Blocks 1 & 7, within Section 29, Township 12 South, Range 12 East is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COLrNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 080304 PRV-03110 Ironwood Reserve Block 1 MARANA TOWN OF MARANA Ironwood Reserve Block 1 CASE NQ. PRV-03110 Block 1 0 REQUEST Request for approval of a 99-1ot single-family subdivision on 40 acres located in the Pima Farms Specific Plan, north of Pima Farms Road, west of Scenic Drive. MARANA TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road ~ Tucson, AZ 85741 (520) 382-2600 Fax: (520) 297-3792 ':5/ '- O Preliminary Plat ~ Final Plat o Development Plan o Landscape Plan o Native Plant Permit Assessor's Parcel Number(s) Gross Area (Acre/Sq. Ft.) Development/ Project Name Project Location Description of Project PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Che~k One} ~ o General Plan Amendment o Variance o Specific Plan Amendment o Conditional Use Penmt o Rezone o Other o Significant Land Use Change · :, 221-22-001 40 Acres 2,' GENERAL DATA REQUIRED General Plan Designation (To be confirmed by staff) Ironwood Reserve Block 1 (formerly Pima Farms Village) Section 29, T12S; R12 E, G&SRBM Current Zoning (To be confirmed by staff) Proposed Zoning NE Comer of Pima Farms Road and N. Scenic Drive - 99 SFR lots Property Owner Pima Farms 160 LLC , Street Address 2200 E. River Road, #115 Zip Code 857i8 Phone Number 520 577-0200 Fax Number 520 299-5602 city Tucson E-Mail Address Contact Person Applicant Street Address 2200 E. River Road, #115 Zip Code Phone Number Fax Number 85718 520 577-0200 520 299-5602 Contact Person AgenffRepresnntative MARK WEINBERG MORK1SON MAIERLE INC 80 E. PlO SALADO PKWY, SUITE 201 Phone Number City Phone Number 520 577-0200 E-Mail Address City State TEMPE AZ Street Address Fax Number Zip Code Phone Number 480-5 7-5801 E-Mail Address ·: CJANSON~M-M.NET Contact Person CHRIS JANSON Mamna Business License No. 103063 I, the undersigned, certify that ali of the facts set forth in this application are tree to the best of my lmowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application· (If not owner of record, attach written authorization from the owner.) cI-n~IS JA!qSON, P.E. Print Name of Applicant/A~ent Si~[nature ,.::.:... FOR OFFICE USE ONLY · ' :?)i? Case No. JO~/"O',~/./OF Date Received CRW No. ~~ Received By 2/04/04 Date Receipt No. Fee Amount PARK CONCEPT PLAN (OFF sFrE) NOTES: ......... o AREA OF PARK PARCEL C & A PORTION OF PARCEL B & A PORTION OF COMMON AREA'El' = 11.2 ACRES o PARKING SPACES: VEHICLE 20 o PARKING SPACES: TRAILER 6 PIMA FARMS ROAD IRONWOOD RESERVE PARK PARCEL iJ ili J Il., 88~ 19-I £107 ~ S)IOO7~ ~AJ]]S]~ ~VJN3NII NO0 0 3 0 I A I 0 8 FI S N I~ _10o TOWN COUNCIL MEETING INFORMATION MEETING DATE: August 3, 2004 TO: FROM: SUBJECT: TOWN OF MARANA MAYOR AND COUNCIL AGENDA ITEM: IX. A. 4 Kevin Kish, Interim Planning Director Resolution No.2004-111: Relating to Subdivisions; Approving a Final Plat for Ironwood Reserve Block 2. DISCUSSION rhe project site is located north of Pima Farms Road, and east of Scenic Drive, in the Pima Farms Specific Plan. This and three other developments were created by the approval of the Pima Farms Village Preliminary Plat, Resolution No. 2003-161, on December 16, 2003. The land use for this project is Medium Density Residential per the Pima Farms Specific Plan. The proposal is for 49 lots on 31.76 acres (1.54 RAC). The lots are numbered from 174 through 222. The minimum lot size in this project is 6,019 square feet on lot number 213, and the maximum is 13,131 at lot number 199. The average lot size is 7,721 square feet. Pamel "A" as shown comprises land governed by a Grant of Easement. The Homeowners Association will accept responsibility for the governance of this, and all other common areas drainages, and easements. Common Areas 'T', "M", "01", and "02" are Drainage, Open Space, md Utility easements. Parcel "A" is a portion of a Conservation and Equestrian easement for the exclusive use of the Lazy K Bar Dude Ranch guests. The Ironwood Reserve Community Association shall administer and govern that land pursuant to the duties and obligations set forth in the easement document, I and the declaration of Covenants,,, ~,onditions, and Restrictions for Ironwood Reserve. The [ western one hundred feet of parcel A abutting Scenic Drive is undisturbed natural open space, [ as required by the Pima Farms Specific Plan. In addition, there is a fifty foot undisturbed buffer at the northern property line abutting properties in Pima County. A fifteen foot non-vehicular equestrian and pedestrian easement abutting the eastern boundary of the conservation easement, and running the full north/south boundary of the conservation easement provides a trail through the property and is dedicated to the public by this plat. Ingress and egress will be provided to the project by one street entering from Pima Farms Road. Moonfire Drive will provide north/south access to this block, and continuity through Ironwood Estates from Pima Farms Road through Twin Peaks Highland and up to Silverbell Road. Two cul-de-sacs provide internal access. 080304PRV-03110 Ironwood Reserve Blk 2 The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will be collected at the time of building permitting. Staff has reviewed the plat for Farms Specific conformance with the Land Development Code, the General Plan, the Pima Plan, the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements. RECOMMENDATION Staff recommends approval of Resolution No. 2004-111 approving a final plat for Ironwood Reserve Block 2. SUGGESTED MOTION I move to approve Resolution No. 2004-111 080304 PRV-03110 Ironwood Reserve Blk2 FP -2- MARANA RESOLUTION NO. 2004-111 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR IRONWOOD RESERVE BLOCK 2 WHEREAS, the Preliminary Plat for Pima Farms Village (now Ironwood Reserve) was heard and approved by Marana Town Council at the regular meeting of December 16, 2003. WHEREAS; Pima Farms 160, L.L.C., the owner of Ironwood Reserve Block 2 has applied for approval of a Final Plat for 49 single family detached homes on 31.76 acres, comprising Block 2, and including lots 174 through 222, and Parcel "A", and Common Areas 'T', "M", "O1" and "O2", and is generally located north of Pima Farms Road and east of Scenic Drive, within Section 29, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 3, 2004, has determined that the Ironwood Reserve Block 2 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Ironwood Reserve Block 2 Final Plat, a 49-1ot residential subdivision within the Pima Farms Specific Plan, and generally located north of Pima Farms Road and east of Scenic Drive, within Section 29, Township 12 South, Range 12 East is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 080304 PRV-03110 Ironwood Reserve Block 2 MARANA TOWN OF MARANA Ironwood Reserve Block 2 CASE N'O. PRV-03110 Block 2 0 REQUEST Request for approval of a 68-1ot single-family subdivision on 31.76 acres located in the Pima Farms Specific Plan, north of Pima Farms TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Groye Road ¢, Tucson, AZ 85741 (520) ?,82-2600 Pax: (520) 297-.3792 o Preliminary Plat o Final Plat o Development Plan o Landscape Plan o Native Plant Permit Assessor's Parcel Number(s) Gross Axea L~.cre/Sq. Ft.) Development' Project Name Project Locaron Description of Project Property Owner Street Ad&ess Contact Person Applicant Su:eet Address [ Contact Person Agent/Representative Street Address PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Cheek One~ ~- o General Plan Amendment o Variance o Specific Plan Amendment o Conditional Use Permit o Rezone o Other o Significant Land Use Change 221-22-001 31.76 Acres General Plan Designation (To be confirmed by staff) Ironwood Reserve Block 2 (formerly Pima' Farms Village) Section 29, T12S; R12 E, G&SRBM Current Zoning (To be confirmed by staff) Proposed Zoning NE Comer of Pima Farms Road and N. Scenic Drive - 49 SFR lots Pima Farms 160 LLC v 2200 E. River Road, #115 City Tucson Phone Number 857'1ZIP Code8 520 577-0200 2200 E. River Road, #115 Fax Number 520 299-5602 Fax Number Zip Code Phone Number 520 299-5602 85718 520 577-0200 MARK WEll'BERG MORRISON M.MERLE INC Phone Number AZ E-Mail Address City State Tucson AZ E-Mail Address 80 E. RIO SALADO PKWY, SUITE 201 Phone Number 520 577-0200 City [ State TEMPE AZ Zip Code Phone Number 85281 480 517-5800 Fax Number E-Mail Address 480-517-5801 CJANSON~M-M.NET Mamna Business License No. Contact Person CHRIS JANSON 103063 I, ~e =dersi~ed, c~ ~at aB of~e facto set fo~ M ~ app~cafion ~e ~e m ~e best of my ~owledge and ~at I am eider ~e o~er of ~e prope~ or ~t I have been au~omed N ~g by ~e o~er to file ~s app~cafion, gf not owner of record, aRaeh w,tten autho~afion from the owner.) ~. ~~ C~S J~NSON, P.E. 2/~/04 P~t N~e of App~c~A~ent Si~e Date FOR OF~CE USE O~Y Case No. ~ CRW 004 Date Received Reeeived ~ Receipt No. Fee Amount Jll Iq=IHS C J,_q::lH8 (',~ .VOO?8 W ("~ '~30~ ~ _,~ACd3S~ OO04~NO~I, 00do~d O ~ 0 IA i O 8 f) S N,R 3S ) TOVCN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 3, 2004 AGENDA ITEM: TO: FROM: SUBJECT: MAYOR AND COUNCIL Kevin Kish, Interim Planning Director Resolution No.2004-112: Relating to Subdivisions; Approving a Final Plat for Ironwood Reserve Block 3. DISCUSSION The project site is located north of Pima Farms Road, and east of Scenic Drive, in the Pima Farms Specific Plan. This and three other developments were created by the approval of the Pima Farms Village Preliminary Plat, Resolution No. 2003-161,on December 16, 2003. The land use for this project is Medium Density Residential per the Pima Farms Specific Plan. The proposal is for 79 lots on 20.44 acres (3.86 RAC). The lots are numbered fi.om 69 through 147. The minimum lot size in this project is 7,179 square feet on lot number 119, and the maximum is 12,871 at lot number 106. The average lot size is 8,945 square feet. Parcel "B" as shown is a portion of a fifty-foot buffer required by the Pima Farms Specific Plan. The Homeowners Association will accept responsibility for the governance of this, and all other common areas, drainages, and easements. Common Areas "D" and "E" are Drainage, Landscape, and Slope easements. Ingress and egress will be provided to the project by one street entering from Pima Farms Road. Moonfire Drive will provide north/south access to this block, and continuity through Ironwood Estates from Pima Farms Road through Twin Peaks Highland and up to Silverbell Road. Crosswater Loop and Crosswater Court provide internal access to the lots. Moonfire Drive will have a 46-foot street section with 5-foot sidewalks, and the internal streets will be 42-foot right- of-way with 5-foot sidewalks. The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will be collected at the time of building permitting. Staff has reviewed the plat for :onformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements. 080304PRV-03110 Ironwood Reserve Blk 3 RECOMMENDATION Staff recommends approval of Resolution No. 2004-112 approving a final plat for Ironwood Reserve Block 3. SUGGESTED MOTION I move to approve Resolution No. 2004-112. 080304 PRV-03110 Ironwood Reserve Blk3 FP -2- MARANA RESOLUTION NO. 2004-112 RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR IRONWOOD RESERVE BLOCK 3 WHEREAS, the Preliminary Plat for Pima Farms Village (now Ironwood Reserve) was heard and approved by Marana Town Council at the regular meeting of December 16, 2003. WHEREAS; Pima Farms 160, L.L.C., the owner of Ironwood Reserve Block 3 has applied for approval of a Final Plat for 79 single family detached homes on 20.44 acres, comprising Block 3, and including lots 69 through 147, and Parcel "B", and Common Areas "D" and "E", and is generally located north of Pima Farms Road and east of Scenic Drive, within Section 29, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 3, 2004, has determined that the Ironwood Reserve Block 3 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Ironwood Reserve Block 3 Final Plat, a 79-1ot residential subdivision within the Pima Farms Specific Plan, and generally located north of Pima Farms Road and east of Scenic Drive, within Section 29, Township 12 South, Range 12 East is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 080304 PRV-03110 Ironwood Reserve Block 3 mAI ANA TOWN OF MARANA Ironwood Reserve Block 3 CASE NO. PRV-03110 REQUEST Request for approval of a 79-1ot single-family subdivision on 20.44 acres located in the Pima Farms Specific Plan, north of Pima Farms o Preliminary Plat o Final Plat o Development Plan o Landscape Plan o Native Plant Permit Assessor's Parcel Number(s) TOWN OF MARANA Plarming and Zoning Department 3696 W. Orange Grov.e Road · Tucson, AZ 85741 (520) 382-2600 Fax: (520) 297-3792 Gross Area (Acre/Sq. Ft.) Development/ Project Name Project Location o General Plan Amendment o Specific Plan Amendment o Rezone o Significant Land Use Change Description of Project Propert3' OWner Slxeet Address 221-22-001 Contact Person Applicant Street Address Contact Person Agent/Representative IStreet Address , 20.44 Acres PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Chou On0~ o Variance o Conditional Use Permit o Other 22 GENERAL DATA REQUIRED ~ r'' General Plan Designation To be confirmed by staff) Current Zoning 'To be confirmed by staff) Proposed Zoning Ironwood Reserve Block 3 (formerly Pima Farms Village) Section 29, T12S, R12 E, G&SRBM .aZ NrE Comer of Pima Farms Road and N. Scenic Drive - 79 SFR lots Pima Farms 160 LLC ~ 2900 E. River Road, gl 15 City Zip Code Phone Number I Fax Number E-Mall Address 85718 520 577-0200 I 520 299-5602 Phone Number Diamond Ventures Inc 2200 E, River Road, gl 15 TucsonCity [ ,aZState Zip Code Phone Number Fax Number E-Mail Address 85718 520 577-0200 520 299-5602 Phone Number MAKK WEINBERG 520 577-0200 MORR1SON MAIERLE INC 80 E. KIO SALADO PKWY, SUITE 201 Zip Code Phone Number 85281 480 51%5800 City TEMPE Fax Number E-Mail Address 480-517-5801 CJANSON~M-M.NET CHRIS JANSON I, the undersigned, certff3, that all of the facts set forth in this application are mae to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writino by the owner to file this application. Of not owner of record, attach 2/04/04 written authorization from the owner.) CHRIS JANSON, P.E. Prim Name of Applicant/A~ent Signature FOR OFFICE USE ONLY Received By Date Receipt No. Fee Amount (,.~ NDog~ - ~AW383W 0OO~ANOWI,, 03SOdOWd) 0301AI0 ~ ~g N~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 3, 2004 AGENDA ITEM: IX. A. 6 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: Resolution No.2004-113: Relating to Subdivisions; Approving a Final Plat for Ironwood Reserve Block 4. DISCUSSION The project site is located north of Pima Farms Road, and east of Scenic Drive, in the Pima Farms Specific Plan. This and three other developments were created by the approval of the Pima Farms Village Preliminary Plat, Resolution No. 2003-161, on December 16, 2003. The land use for this project is Medium Density Residential per the Pima Farms Specific Plan. The project is a 68-1ot single-family gated subdivision on 64.28 acres (1.05 RAC). The minimum lot size in this project is 12,435 square feet on lot number 22, and the maximum is 28,522 at lot number 66. The average lot size is 15,743 square feet. Parcels "A" and "B" as shown comprise land governed by a Grant of Easement. The Homeowners Association will accept responsibility for the governance of this, and all other common areas, drainages, and easements. Common Areas "B", "BI", "C", "J" "K", "KI", "L", "O", "O1", "02", and "O3",are Drainage, Landscape, and Open Space easements. Parcel "A" is a portion of a Conservation and Equestrian easement for the exclusive use of the Lazy K Bar Dude Ranch guests. The Ironwood Reserve Community Association shall administer and govern that land pursuant to the duties and obligations set forth in the easement document and the declaration of Covenants, Conditions, and Restrictions for Ironwood Reserve. Parcel "B" is a portion of a fifty-foot buffer area, located at the south end of the property adjacent to Pima Farms Road, required by the Pima Farms Specific Plan. Within that buffer is an equestrian easement. A fifteen foot non-vehicular equestrian and pedestrian easement abuts the eastern boundary of the conservation easement. It is a public trail connecting with the trail at the southern boundary of Twin Peaks Highland. The trail runs the full length of Ironwood Reserve and will offer access to the trailhead and park within Ironwood Reserve Parcel 1, as well as continuity to the trails leading into the Saguaro National Park. Ingress and egress will be provided to the project by two gated entrances on Ironwood Reserve Way, off of Moonfire Drive. Moonfire Drive will provide north/south access to this block, and continuity through Ironwood Estates from Pima Farms Road through Twin Peaks Highland and 080304PRV-03110 Ironwood Reserve BIk 4 up to Silverbell Road. Five cul-de-sacs will provide internal access to the lots. All streets withinI this block are private. The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will be collected at the time of building permitting. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan, the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the proposal meets all applicable requirements. RECOMMENDATION Staff recommends approval of Resolution No. 2004-113 approving a final plat for Ironwood ~eserve Block 4. UGGESTED MOTION I move to approve Resolution No. 2004-113. -2- 080304 PRV-03110 Ironwood Reserve Blk4 FP MARANA RESOLUTION NO. 2004-113 RELATiNG TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR IRONWOOD RESERVE BLOCK 4 WHEREAS, the Preliminary Plat for Pima Farms Village (now Ironwood Reserve) was heard and approved by Marana Town Council at the regular meeting of December 16, 2003. WHEREAS; Pima Farms 160, L.L.C., the owner of Ironwood Reserve Block 4 has applied for approval of a Final Plat for 68 single family detached homes on 64.28 acres, in a gated community comprising Block 4, and including lots 1 through 68, and Parcels "A" and "B", and Common Areas "A", "B", "BI", "C", "J", "K", "KI", "L", "O", "O1", "O2", and "O3", and is generally located north of Pima Farms Road and east of Scenic Drive, within Section 29, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 3, 2004, has determined that the Ironwood Reserve Block 4 Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Ironwood Reserve Block 4 Final Plat, a 79-1ot residential gated subdivision within the Pima Farms Specific Plan, and generally located north of Pima Farms Road and east of Scenic Drive, within Section 29, Township 12 South, Range 12 East is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 080304 PRV-03110 Ironwood Reserve Block 4 MARANA TOWN OF MARANA Ironwood Reserve Block 4 CASE NE). PRV-03110 REQUEST Request for approval of a 68-1ot single-family subdivision on 64.28 acres located in the Pima Farms Specific Plan, north of Pima Farms Road, west of Scenic Drive. MARANA Prelim/nary Plat Final Plat Development Plan Landscape Plan Native Plant perrmt ;': ';' TOV~ .~' OF MARANA Planning and Zoning Department 3696 W. Orange Grbve Road q~ Tucson, AZ 85741 (520) 382-2600 Fax: (520) 297-3792 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Ch~k O60 :-' o General Plan Amendment o Variance o Specific Plan Amendment o Conditional Use Permit o Rezone o Other o Significant Land Use Change 2. GENERAI, DATA REI~UIRED*?~:: :~ ' : Assessor's Parcel I 221-22-001 Number(s) I Gross Area (Acre/Sq. Ft.) [ 64.28 Acres Development/ Project Name Project Location t Ironwood Reserve Block 4 . (formerly Pima Fanta Village) t Section 29, T12S, R12 E, G&SRBM General Plan Designation To be confirmed by staff) Current Zoning To be confirmed by staff} Proposed Zoning Deseription of Project Property Owner Street Address NE Comer of Pima Farms Road and N. Scenic Drive - 68 SFR lots Pima Farms 160 LLC v 2200 E. River Road, #115 City Tucson Contact Person Applicant Zip Code Phone Number 85718 520 577-0200 Fax Number 520 299-5602 Phone Number Diamond Venture~ ln¢ E-Mail Address ;trent Address Contact Person 2200 E. River Road,#115 City State Tucson AZ Agent/Representative Phone Numl~r~, Fax Number Zip85718 Code 520 577-0200 520 299-5602 Phone Number MARK 520 577-0200 WEINBERG f MORRISON MAIERLE INC Street Address E-Mail Address City State TEMPE AZ Contact Person 80 E. RIO SALADO pKWY, SUITE 201 Zip Code Phone Nurab~ 85281 480 5t%5500 Fax Number 480-517-5501 Marana Business License No. 103063 CHRIS JANSON I, the undersigned, certify that all of the facts set forth in th.is application are tree to the best of my knowledge and that I am either the owner of the property or that I have been.authorized ~ wrifin~ by the owner to file th/s application. (If not owner of record, attach written authorization from the owner.) CHRIS JANSON, P.E. Print Name of Applicant/A~ent Si~m~e FOR OFFICE USE ONrLY CaseNo. _ ~_'~0~_[[~)- ? Date Received ~5'~/0~ 2/04104 Date Receipt No. Fee Amount =1=~8 (,,~ tJoogf3 - 3/~Ei35~ O00~ANOWI. 0350dOEld) 0 3 0~ A I 0 E] iq $ N I'1 (,,~ N:D098 - 3A~J3S3W O00MNOWI,, 0350dOWd) 0301AIOBflSNf~ % % % I # TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA August 3, 2004 AGENDA ITEM: IX.A. 7 TO: MAYOR AND COUNCIL FROM: SUBJECT: H. Thomas Gill, Assistant Director of Public Works Resolution 2004-115: Relating to Public Works; approving the abandonment of a portion of El Camino de Manana Road between Tangerine Road and Thornydale Road; and declaring an emergency. DISCUSSION Town Management has initiated the proposed abandonment of a portion of El Camino de Manana Road between Tangerine Road and Thomydale Road as established by Pima County under Proceeding No. 220 on June 16, 1930. The portion to be abandoned is described and more fully depicted in the Exhibit A, Al, B, B l, C, C1, D, and D1 attached to and incorporated by this reference. The portion of the roadway requested for abandonment has been determined to be unnecessary for public rights-of-way purposes and the Town has no plans for public improvements at this location. If Council determines to abandon the above mentioned roadway staff recommends Council place the following .,onditions upon the abandonment: · The Thomydale Road and Tangerine Road Intersection Improvements to be constructed and completed to the satisfaction of the Town of Marana prior to transfer of ownership of El Camino de Manana. · Reservation (perpetual easement) for all existing and future public utilities/sewers within the abandonment area. · Reservation of a 60' wide Public Sewer and Public Utility Easement as needed to provide service to the planned Tortolita Vista's Subdivision· · A surface survey shall be completed prior to any modification of the abandoned lands to determine if any archaeological or historical resources will be affected by modifications or change of use. Arizona State Museum requests prior to any modified use of the rights-of-way a surface survey of the right-of- way shall be completed to determine if any archaeological or historical resources will be affected by the abandonment. If Council chooses to abandon the above mentioned fight-of-way, Deeds of Abandonment shall be recorded with the P~ma County Recorder Office granting ownership to the adjacent property owners. RECOMMENDATION Staff recommends the Council abandon a portion of the E1 Camino de Manana Road fight-of-way, described and more fully depicted in the Exhibit A, Al, B, B1, C, C1, D, and D1. SUGGESTED MOTION I move to approve Resolution 2004-115. Resolution 2004-1l 5 (El Camino de Manana Abandonment) 07/28/2004/10:04 AMMMF:HTG MARANA RESOLUTION NO. 2004-115 RELATING TO PUBLIC WORKS; APPROVING THE ABANDONMENT OF A PORTION OF EL CAMINO DE MANANA ROAD BETWEEN TANGERINE ROAD AND THORNYDALE ROAD; AND DECLARING AN EMERGENCY. WHEREAS, the Town Council desires to abandon a portion of E1 Camino de Manana Road between Tangerine Road to Thomydale Road pursuant to A.R.S. § 28-7201 et seq.; and WHEREAS, the Mayor and Council has determined that a portion of the E1 Camino de Manana Road is no longer necessary for public rights-of-way purposes and the land is of no monetary value due to its degree of fragmentation and marketability; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Town of Marana hereby abandons that portion of E1 Camino de Manana Road between Tangerine Road and Thomydale Road which is particularly described and depicted in Exhibits A, Al, B, BI, C, C1, D and D1 attached to and incorporated into this resolution by this reference, subject to and upon satisfaction of the conditions set forth in Section 2 of this Resolution, with transfer of title occurring upon the Town Manager's execution of deeds of abandonment pursuant to Section 3 of this Resolution. Section 2. This Resolution is subject to the following conditions: 1. Prior to closure of the existingr°adway and executi°n °f the deeds °f aband°nment the Tangerine Road/ Thornydale Road Intersection improvements shall be constructed and completed to the satisfaction of the Town of Marana. 2. Reservation of a 60' wide Public Sewer and Public Utility Easement as described on the attached Exhibit F and depicted in the map attached to and incorporated into this resolution by this reference as Exhibit G. 3. Reservation (perpetual easement) for all existing and future public utilities/sewers within the abandonment area. 4. A surface survey shall be completed prior to any modification of the abandoned lands to determine if any archaeological or historical resources will be affected by modifications or change of use. Section 3. The Town Manager is hereby authorized to execute the deeds of abandonment to the adjacent~roperty owners in accordance with A.R.S. § 28-7205. Section 4. It is necessary for the preservation of the peace, health and safety of the Town of Marana that this Resolution become immediately effective, so an emergency is hereby declared to exist, and this Resolution shall be effective immediately upon its passage and adoption. FC MMF HG /12:50 PM/07/27/2004 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of August, 2004. Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: ATTEST: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk 2 Exhibit A LEGAL DESCRIPTION EL CAMINO DE MANANA ABANDON-MENT TAX PARCEL #219-36-0050 ALL THAT PORTION OF THE NORTHWESTERLY O.NE HALF RIGHT-OF-WAY OF EL CAMINO DE MANANA RECORDED IN BOOK 2 OF ROAD MAPS PAGES 1-4 RECORDS OF PIMA COUNTY, ARIZONA LYING AD~'ACENT TO THE SOUTHEASTERLY LINE OF PllvlA COUNTY, ARIZONA ASSESSOR'S TAX PARCEL NUIVIBBR 219-36-0050 IN THE EAST ONE HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED IN DOCKET 6971 PAGE 362 RECORDS OF PIMA COUNTY, ARIZONA. SAID PORTION BEING BOUNDED ON THE EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF THORNYDALE ROAD AS ESTABLISHED BY INSTRUMENT RECORDED IN DOCKET 1064 PAGE 205 RECORDS OF PIMA COUNTY, ARIZONA AND BOUNDED ON ~ WEST BY THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 31. $. L~ONARD FON'11~'~ JR. ILLS. S:LIOBS~3592'35929241 ~le~ls~21g-36~050-CDM.doc LEGAL LOG 70t Page 1 of ! Exhibit A1 ~,~ PORTION OF EL OAMINO DE MANANA BOOK 2 OF ROAD MAPS PAGES 1.4 RECORDS OF P/MA COUNTY,, ARIZONA TO BE ABANDONED ADJACENT TO TAX PARCEL #219.36-0050, IN THE EAST HALF OF SECTION TOWNSHIP "11 SOUTI-I, RANGE 13 EAST, Gl.LA AND ,~LT RIVER MERIOIAN, PIMA COUNTY, ARIZONA TORTOI.[TA ROAD iv. ;/,, co/ . SEC, 31 iK. 2 R.M. PG. 14) TA~ PARCEL #219-36-0050 DOCKET 6971 PAGE 362 ~N.£. COR. SEC. 31 NORTH I SCALE: I'--600' AREA TO BE ABANDONED TErRA'EOA, INC. Exhibit B LEGAL DESCRIPTION EL CAMINO DE MANANA ABANDONrMENT TAX PARCEL #219-36-006B ALL THAT PORTION OF THE SOUTHEASTERLY ONE HALF RIGHT-OF-WAY OF EL CAMINO DE MANANA RECORDED IN BOOK 2 OF ROAD MAPS PAGES 1-4 RECORDS OF PIMA COUNTY, ARIZONA LYING ADJACENT TO THE NORTHWESTERLY LINE OF PIMA COUNTY, ARIZONA ASSESSOR'S TAX PARCEL NUMBER 219-36-006B IN THE EAST ONE HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDLkN, PIMA COUNTY, ARIZONA, DESCRIBED IN DOCKET 6971 PAGE 362 RECORDS OF PIMA COUNTY, ARIZONA. SAID PORTION BEING BOUNDED ON THE NORTHEAST BY A LINE FROM THE NORTHWESTERN CORNER OF S.~D PARCEL PERPENDICULAR TO THE CENTERLINE OF SAID EL CAMINO DE MANANA AND BOUNDED ON THE WEST BY THE NORTH-SOUTH MID- SECTION LINE OF SAID SECTION 31. J. L"~ONAI~ Fi~'IqTEs .}~ R.L.S. ~ Exhibit B1 -~ PORTION OF EL CAMINO DE MANANA BOOK 2 OF ROAD MAPS PAGES 1-4 RECORDS OF PIMA COUNT~, ARIZONA TO SE ABANDONED ADJACENT TO TAX PARCEL #21.q-36.006B, IN THE EAST HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUN7Y, ARIZONA / s. coR. SEC. 31 TAX PARCEL #219-36.0068 DOCKET 6971 PAGE 362 TANGERINE ROAD (BK. 7 R.M. PG. 83) AREA TO BE ABANDONED S.E. COR. SEC. 31 NORTH I SCALE: 1"=500' Exhibit C LEGAL DESCRIPTION EL CAMINO DE MANANA ABANDONMENT TAX PARCEL #219-36-006C !kLL THAT PORTION OF THE SOUTHEASTERLY ONE HALF RIGHT-OF-WAY OF EL CAMINO DE MANANA RECORDED IN BOOK 2 OF ROAD MAPS PAGES 1-4 RECORDS OF PIMA COUNTY, ARIZONA LYING ADJACENT TO THE NORTHWESTERLY LINE OF PIMA COUNTY, ARIZONA ASSESSOR'S TAX PARCEL NUMBER 219-36-006C IN THE EAST ONE HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED IN DOCKET 10677 PAGE 468 RECORDS OF PIMA COIYNTY, ARIZONA. SAID PORTION BEING BOUNDED ON THE NORTHEAST BY A LINE FROM THE NORTHWESTERN CORNER OF SAID PARCEL PERPENDICULAR TO THE CENTERLINE OF SAID EL CAM/NO DE MANANA AND BOUNDED ON THE SOUTHWEST BY A LINE FROM THE SOUTHWESTERN CORNER OF SAID PARCEL PERPENDICULAR TO THE CENTERLINE OF SAID EL CAMINO DE MANANA. S:',,IO BS',3592~5929241 ~lesal$',219-36-006C-C DM.doc LEGAL LOG ?04 Page I of 1 y Exhibit C1 PORTION OF EL CAMINO DE MANANA BOOK 2 OF ROAD MAPS PAGES 1.4 RECORDS OF PIMA COUNTY, ARIZONA TO BE A~ANDONED ADJACENT TO TAX PARCEL #219-3~005C, IN THE EAST HALF OF SECT/ON 31 TOWNSHIP ~ ~ SOUTH, ~ANGE 13 EAST, G/LA AND S~.T RIVER/~ERID~V, PI/,~ COUNn', ARIZONA TAX PARCEL #219-36-006C DOCKET 10677 PAGE 468 NORTH SCALE: 1'=200' AREA TO BE ABANDONED JTETP, ATECH, INC Exhibit D LEGAL DESCRIPTION EL CAMINO DE MANANA ABANDON2vlENT TAX PARCEL #219-36-006A ALL THAT PORTION OF THE SOUTHEASTERLY ONE HALF RIGHT-OF-WAY OF EL CAMINO DE MANANA RECORDED IN BOOK 2 OF ROAD MAPS PAGES 1-4 RECORDS OF PIMA COUNTY, ARIZONA LYING ADJACENT TO THE NORTHWESTERLY LINE OF Ph-MA COUNTY, ARIZONA ASSESSOR'S TAX PARCEL NIJMBER 219-36-006A IN THE EAST ONE HALF OF SECTION TOWNSHIP 11 SOUTH, RANGE 13 EAST, GII.~ AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED IN DOCKET 6971 PAGE 362 RECORDS OF PIMA COUNTY, ARIZONA. SAID PORTION BEING BOUNDED ON THE EAST BY THE WESTERLY RIGHT-OF-WAY LINE OF THOKNYDALE ROAD AS ESTABLISHED BY INSTRUMENT RECORDED IN DOCKET 1064 PAGE 205 RECORDS OF PI1ViA COUNTY, ARIZONA AND BOUNDED ON THE SOUTHWEST BY A LINE FROM THE SOUTHWESTERN CORNER OF SAID PARCEL PERPENDICULAR TO THE CENTERLINE OF SAID EL CAMINO DE MANANA. J. I~EONARD FONTE-~JR. ILLS. Exhibit D1 PORTION OF EL CAMINO DE MANANA BOOK 2 OF ROAD MAPS PAGES 1.4 RECORDS OF P/MA COUAr~, ARIZONA TO BE ABANDONED ADJACENT TO TAX PARCEL #219-3~.008A, IN THE EAST HALF OF SECTION TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND S. ALT RIVER MERIDIAN, PIMA COUNT~, ARIZONA NORTH SCALE: 1'=200' AREA TO BE ABANDONED TAX PARCEL ~t21~-36-OO6A DOCKET 6~71 PAGE 362 jJTETP, A TECH, INC. Exhibit F LEGAL DESCRIPTION 60 FOOT WIDE PUBLIC SEWER AND PUBLIC UTILITY EASEMENT OPW Project No, 03037-102 60 ft. wide public sewer and public utility easement to be retained from Camino De Manana Roadway right-of-way abandonment (Book 2 of Road Maps at Page 1). All that portion of the East Half of Section 31, Township 11 South, Range 13 East, G&SRBM, Pima County, Arizona, more particularly described as follows: a strip of land 60 ft. in width lying 30 ft. on each side of the following described centerline; COMMENCING at the Southwest corner of the Southeast Quarter of said Section 31; Thence, along the West line of the Southeast Quarter of said Section 31, N 00°09'00'' W, 496.29 ft. to a non-tangent point of curvature, said point being the TRUE POINT OF BEGINNING; Thence, Northeasterly along a curve to the right, from a radial bearing of S 46°42'03"E, having a radius of 1143.28 ff., thru a central angle of 06°13'19", an arc length of 124.15 ff.; Thence, N 49°31'16" E, 381.94 ft. to a point of curvature; Thence, Northeasterly along a curve to the left, having a radius of 819.02 ft., thru a central angle of 19024'59'', an arc length of 277.55 ff. to a point on a line lying 1040.00 ff. north of and parallel with the South line of Section 31, said point being the POINT OF TERMINUS of said centerline. The sidelines of said easement shall be extended or shortened as necessary to meet said West line of the Southeast Quarter and said line which is 1040 ft. north of the South line of Section 31. SMM:Ib May 24, 2004 23037/60'puelegal °z e,!. ~nC islnn r~v ~,:go:6 'kOOZ/'~/S 6~P'l°§al-~uP°-~!q!qxa~L~ZO~O~O~sq°f-~Ad°-~ :3 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: TO: FROM: SUBJECT: August 3, 2004 AGENDA ITEM: IX. A. 8 MAYOR AND COUNCIL H. Thomas Gill, Jr., Interim Director of Public Works Resolution No. 2004-121: Relating to Street Naming; authorizing the renaming of "Gallery Canyon Drive" (Private Street) within The Gallery Parcel 3, The Golf Villas at Solana and The Gallery Parcel 4B at Dove Mountain Subdivisions to "Paseo Vista Solana"(Private Street). DISCUSSION Rick Engineering Company is requesting to rename the existing private street "Gallery Canyon Drive" located in the Northwest quarter of Section 23, Township 11 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona as recorded in the final plats, Book 55, Page 27, Book 56, Page 92 and Book 56, Page 63. "Gallery Canyon Drive" lies within The Gallery Parcel 3, The Golf Villas at Solana and The Gallery Parcel 4B at Dove Mountain Subdivision and provides direct access to the subdivisions as depicted on Exhibit "A". Rick Engineering Company requested the re-naming of "Gallery Canyon Drive" to "Paseo Vista Solana". This letter is attached hereto as Exhibit "B". Pima County Addressing has approved the proposed naming; see Exhibit "C". Additionally, the Intergovernmental Agreement between Pima County and the Town outlines that addressing and street-naming services shall be processed by the Town. RECOMMENDATION Staff recommends adoption of Resolution 2004-121, Mayor and Council approve the street- naming of"Gallery Canyon Drive" to "Paseo Vista Solana". SUGGESTED MOTION move to adopt Resolution No 2004-121. The Golf Villas Name Change 07/27/2004/4:06 PM/HTG/MMF MARANA RESOLUTION NO. 2004-121 RELATING TO STREET NAMING; AUTHORIZING THE RENAMING OF "GALLERY CANYON DRIVE" (PRIVATE STREET) WITHIN THE GALLERY PARCEL 3, THE GOLF VILLAS AT SOLANA AND THE GALLERY PARCEL 4B AT DOVE MOUNTAIN SUBDIVISIONS TO "PASEO VISTA SOLANA" (PRIVATE STREET). WHEREAS, the street names for The Gallery Parcel 3, The Golf Villas at Solana and The Gallery Parcel 4B at Dove Mountain Subdivisions are recorded in the final plat, recorded in Book 55, Page 27, Book 56, Page 92 and Book 56, Page 63; and WHEREAS, Rick Engineering Company requested this name change in the letter attached as Exhibit "B" and incorporated herein by this reference; and WHEREAS, the Town desires to rename "Gallery Canyon Drive" in The Gallery Parcel 3, The Golf Villas at Solana and The Gallery Parcel 4B at Dove Mountain Subdivisions as "Paseo Vista Solana", more fully depicted on the Location Map attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, Pima County Addressing Division approved the proposed name; see Exhibit "C" incorporated herein by this reference; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the renaming of"Gallery Canyon Drive" in The Gallery Parcel 3, The Golf Villas at Solana and The Gallery Parcel 4B at Dove Mountain Subdivisions to "Pasco Vista Solana". PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3red day of August, 2004. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution Gallery Canyon Dr. doc FJC:RC 3/29/04 EXHIBIT A RICK .ENGINEERING · COMPANY s,,,, Riverside Tucson March 12, 2004 EXHIBIT B Ms. Kay Marks PIMA COUNTY ADDRESSING 201 North Stone Avenue, 1't Floor Tucson, Arizona 85701 SUBJECT: THE GALLERY - REC JN 2820E REQUEST FOR STREET NAME CHANGE Dear Ms. Marks, On behalf of my client, Pale Verde Partners, I am requesting to change the Gallery Canyon Drive street name to Pasco Vista Solamc T~..e current public right-of-way originates at North Dove Mountain Boulevard, within thc Gallery Parcel 3 Subdivision (Book 55,c, page 27) and The Golf Villas at Solana Resubdivision (Book 56, Page 92). Gallery Canyon Drive terminates in the Gallery Parcel 4B Subdivision (Book 56, Page 63). The wad offers through-access to three residential streets: Silent Wash Place, Sunset Gallery Drive, and Silent Sky Place. My client requests a street name change to better market The Golf Villas at Solana lots. This street name change will not affect any .addresses for the existing lots, since no residential lots have direct access to Gallery Canyon Drive. We believe that a Street Name Change is a reasonable request given thc circumstances stated above. Please feel flee to call our office if you have any questions. Sincerely, RICK ENGINEERING COMPANY, INC. Associate Project Planner ~ Enclosures CS~s H:~2820~addre~sing..~eem~_¢hange_ltr.doc 1745EastRivcrRoad. Suit¢101 · Tucson. Arizona. 85718 · (520)795.1000 · FAX: (520)322-6956 · www.rickcng.com De opmenl Ser ¢e ADDRESSING DEPARTMENT 201 N STONE AVE, 1sT FLOOR TUCSON, AP3ZONA 85701-1207 EXHIBIT C KAY MARKS ADDRESSING OFFICIAL PH: (520) 740-6480 FAX #: (520) 740-6370 Mamh 24, 2004 Town of Marana Planning Department 3696 W. Orange Grove Rd. Tucson, AZ. 85741 Attention: Kathy Morris Dear Kathy; On behalf of Palo Verde Partners, Rick Engineering has requested Pima County to approve a street name change. The existing "Gallery Canyon Drive" originates at Dove Mountain B1. and traverses through Gallery Parcel 3 (Bk.55, Pg. 27), The Golf Villas at Solana (Bk.56, Pg.92) and the Gallery Parcel 4B (Bk.56, Pg.63). The public right-of-way only provides access to all three subdivisions; all lots are addressed from interior streets. Palo Verde Partners wishes to change "Gallery Canyon Drive" to "Paseo Vista Solana". The new name has been reviewed by a qualified Spanish Reviewer and has been approved by Pima County Addressing. In this request, I have included the petition, maps and the Spanish Review. Once the new name has been approved by Marana Town Council and recorded, please provide me with a copy of the recorded documents. We will update all maps and plats and notify all proper agencies. If you have any further questions, you may call me at 740-6480. Kay Marks Addressing Official TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 3, 2004 AGENDA ITEM: IX. B. 1 MAYOR AND COUNCIL H. Thomas Gill, Jr., Assistant Director of Public Works Presentation: Reconstruction of the Eastbound on-ramp at Cortaro Road and 1-10 DISCUSSION This item is being scheduled to provide information to the Town Council regarding the reconstruction of the eastbound on-romp at Cortaro Road and 1-10. RECOMMENDATION None required. SUGGESTED MOTION None required. Presentation: Cortaroandl-lOon-ramp 07/27/2004/11:48 ~IM/HTG/JCB s s tt Al ew WK R, g� { s r IV v., In L O o rT Z 7 u M cn { 9 k qk IC ;u F F� / f: F Y 5 fr _•- V� u m m 0 0 CA .� •' a �f . nit � „ �, a§ x; y n 0 z D U) r O 0 -I n O D ° z rn 0 0 C) F �7 D (A �� •. �. D • ` • • m �a Z 0 0 s 7C) �� • N IN fu R1 aT } o �x TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: TO: FROM: SUBJECT: August 3, 2004 AGENDA ITEM: IX. B. 2 MAYOR AND COUNCIL Frank Cassidy Resolution No. 2004-103: Relating to intergovernmental relations; approving and authorizing the Mayor to execute an intergovern- mental agreement with Pima County and the Pima County Li- brary District for the Continental Ranch Library. DISCUSSION The May 18, 2004 Pima County Bond Election included a $4.5 million authorization for the de- sign, construction, operation and maintenance ora library at Continental Ranch. Consistent with the bond authorization, Staff has prepared an intergovernmental agreement (IGA) with Pima County and the Pima County Library District for the construction of an approximately 1500 square foot library to house an eventual 100,000 volume book collection, state-of-the-art tech- nology, computer lab, large meeting room, and small study rooms. Consistent with the Pima County Bond Implementation Ordinance (Pima County Ordinance No. 2004-18), the IGA antici- pates that the Continental Ranch Library will take eight to twelve months to plan, with design anticipated to occur fifteen to twenty-four months from now and construction anticipated to oc- cur fifteen to thirty months from now. Pima County and the Town of Marana will jointly design the library through the establishment of a joint committee. After Pima County and the Town agree on a design, Pima County will be re- sponsible for overseeing and managing the actual construction of the library, including plans re- view and building inspection pursuant to an existing Pima County/Town of Marana IGA that ad- dresses the construction of public buildings by one government entity within the other govern- ment entity's jurisdiction. The new Continental Ranch Library will be constructed on a portion of the district park site lo- cated south of Cortaro Farms Road and east of Silverhell. The library site will be transferred to Pima County during the construction of the library, and the County will convey the property to the Pima County Library District after construction of the library is completed. The Library Dis- trict will own and operate the library after its completion, and the parties anticipate that the cost of operating the library and the cost of providing services to the public will be the subject of one or more future agreements generally consistent with other agreements between the Library Dis- trict and other municipalities relating to library operations and services. {00000044DOC/} 7/9/04 FJC RECOMMENDATION Staff recommends the adoption of Resolution No. 2004-103, approving and authorizing the exe- cution of the IGA for the Continental Ranch Library. SUGGESTED MOTION I move to adopt Resolution No. 2004-103. {00000044.DOC/} -2- MARANA RESOLUTION NO. 2004-103 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY AND THE PIMA COUNTY LIBRARY DISTRICT FOR THE CONTINENTAL RANCH LIBRARY. WHEREAS, the Town of Marana and the Pima County Library District desire to execute an intergovernmental agreement with Pima County and the Pima County Library District for the design, construction, operation, maintenance, and ownership of a library at continental Ranch; and WHEREAS, the Mayor and Council of the Town of Marana find that it is in the best interests of the public to execute said intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovemmenta! between the Town ofMarana, Pima County and the Pima County Library District, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 3~a day of August, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attomey {00000052,DOC/} 7/9/04 FJC INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, PIMA COUNTY LIBRARY DISTRICT AND THE TOWN OF MARANA FOR DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE, AND OWNERSHIP OF A LIBRARY AT CONTINENTAL RANCH IN MARANA, ARIZONA THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into by and among PIMA COUNTY, a body politic and corporate of the State of Arizona ("the County"), the PIMA COUNTY LIBRARY DISTRICT, a body politic and corporate of the State of Arizona ("the District") and the TOWN OF MARANA, ARIZONA, a municipal corporation ("the Town"). The County, District and the Town are sometimes collectively referred to as the "Parties" and are sometimes individually re- ferred to as a "Party". RECITALS A. The County, District and the Town desire to provide public library facilities within the planned development known as Continental Ranch (the "CR Library") to serve the Town and Pima County residents. B. The County, District and the Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. C. Pursuant to Resolution 2004-18, the County held a special bond election on May 18,2004, at which time the voters passed six questions, including Question No. 4 - Parks and Recreational Fa- cilities. D. In compliance with Chapter 3.06 of the Pima County Code (as amended), the County Board of Supervisors adopted Ordinance No. 2004-18, which provides for implementation of specific pro- grams and projects using the funds obtained from the sale of bonds, as authorized by Pima County Voters on May 18, 2004. E. Section VII(D)(1)(g)(4.44) of Ordinance No. 2004-18 provides for design and construction of a new 15,000 square foot library to serve the Town of MaranaJContinental Ranch area to house an eventual 100,000 volume book collection, state-of-the-art technology, computer lab, large meeting {0000002 ZDOC / 6] Town of Marana/Pima County Library IGA - 1 - 7/27/2004 $:52 PM room and small study ruoms and a parking lot and allocates $4,500,000.00 of bond funding for this project. F. To accommodate a larger facility in the event bids for the CR Library come in at a lower price than anticipated, the Parties desire to provide for an alternate bid providing for an additional 5,000 square feet of constructed building build-out area without substantial improvements (that is, a fin- ished shell building). G. Section IV of Ordinance No. 2004-18 sets forth the principles and expectations for intergov- ernmental agreements entered prior to the start of each project involving the cooperation of another political subdivision, to establish the mutual and separate responsibilities of each government for the implementation of the project. H. The Town desires to join the District so that, pursuant to A.R.S. § 11-903, the Town's inhabi- tants shall be entitled to the benefits ora county free library. I. The Parties desire to provide for the construction and development of the CR Library on prop- erty currently owned by the Town and located at Continental Ranch in the Town. J. The Parties desire to define the terms and conditions pursuant to which the CR Library is to be designed, engineered, constructed, financed, owned, and operated. K. A.R.S. § 11-914 requires title to property used by a county free library district to be vested in the district. L. The Parties intend for the County to design, construct, equip and furnish the CR Library up to a maximum cost of $4,500,000.00. M. The planning of the CR Library is anticipated to take eight to twelve months, with design an- ticipated to occur fifteen to twenty-four months from the date of this Agreement, and construction anticipated to occur fifteen to thirty months from the date of this Agreement. N. The Parties intend that the Town will fully participate in decisions regarding the physical appearance of the CR Library, and that the County shall have sole discretion and responsibility for all aspects of the construction of the CR Library before it is turned over to the District for operation. O. The physical area and stock level for the CR Library is estimated to be approximately 15,000 square feet with an opening day collection consistent with the requirements of Section VII(D)(1)(g)(4.44) of Ordinance No. 2004-18. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here by this reference, the Town, County and the District mutually agree as follows: 1. Project. The "Project" is the design, construction, ownership, maintenance and operation of the CR Library, to be located within the planned development known as Continental Ranch, in Marana, Arizona, legally described and depicted in Exhibit F to the Real Estate Exchange and {O000002ZDOC / 6} Town of Marana/Pima County Library IGA - 2 - 7/27/2004 5:52 PM Development Agreement recorded in the Office of the Pima County Recorder at Docket 12201, Page 4073 (Exhibit F of which is found at Docket 12201, Pages 4092 to 4094) and incorporated by this reference in this Agreement (the "Property"). 2. Property and CR Library Ownership. A. Current Status of Property. The Town currently owns the Property. The Town hereby repre- sents and warrants that, to the best of Town's knowledge, no pollutants, contaminants, toxic or haz- ardous substances, wastes, or materials have been stored, used or are located on the Property or within any surface or subsurface waters of the Property; that no underground tanks have been lo- cated on the Property; that the Property is in compliance with all Federal, state and local environ- mental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property B. Environmentallnspection Rights. The Town shall permit the District and the County to con- duct such inspections of the Property as the District and County deem necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, the Town shall conduct a clean up of the Property adequate to bring the Property into compliance prior to conveyance to the District. C. Conveyance of the Property. In compliance with A.R.S. § 9-407, the Town shall by warranty deed convey the Property in its current vacant condition to the County, within thirty days after the County is satisfied as to the title and environmental condition of the Property. The County shall own the Property during the construction of the CR Library, and the County shall convey the Property and all improvements to the District by warranty deed after construction of the CR Library is com- pleted. After conveyance of title from the County to the District, the District shall own the Property and the CR Library and any and all improvements or fixtures located on the Property or in the CR Library. 3. Public Participation. The County shall manage all public participation deemed necessary by the District and the Town for construction of the Project. The Town, the County and the District shall meet to coordinate the public participation processes, which shall be approved by the Town prior to commencement of design, and the Town shall be invited to participate in the public partici- pation process. The County shall coordinate all public meetings on the Project in compliance with Pima County Board of Supervisors' Policy C 3.5 - ("Notification to Board of Supervisors of Public Meetings to be Held in their The District") and Administrative Procedure 3.8 implementing Policy 3.5. 4. Cooperative Participation in Architectural Design. The Town, the District, and the County shall establish a joint committee responsible for approving the architectural appearance and overall design of the CR Library. The design of the CR Library shall include an optional alternate bid for an additional 5,000 square feet of constructed building build-out area without substantial improvements (that is, a finished shell building), in the event bids for the CR Library are Iow enough to accommo- date the alternate bid within the level of funding provided by this Agreement. If consultants are em- ployed to design the CR Library, the County shall prepare the contracts for design and shall choose the consultants with the concurrence and participation of the Town. The County shall have the usual rights of the owner ora public design contract, including the authority to approve changes and make tO0000027.DOC / 6] Town of Marana/Pima County Library IGA - 3 - 7/27/2004 5:52 PM payments; however, any substantial changes to the appearance or architectural design of the project shall be made by the county only after consultation with and concurrence by the Town. 5. County Construction. A. Contract Administration. Except as provided in paragraph 4 above, the County shall ad- minister the construction of the CR Library in a manner consistent with its construction of any other County public works project, and in a manner consistent with the provisions of this para- graph. At County's sole option, the County may, but is not required, to seek Town review and comment on any aspect of the CR Library plans and construction. B. Utility Relocations. The County shall coordinate all utility relocations within the Property boundaries. C. Project Manager and Town Representative. The County shall furnish a representative to per- form the functions of a Project Manager, and the Town, at no cost to the County or the District, shall furnish a representative, and the Project Manager and the Town representative will cooperate and consult with each other. D. Construction and Completion. (1) Construction. The County shall advertise, award, execute and administer construction contracts for the CR Library. The County shall have the usual fights of the owner of a public construction contract, including the authority to approve changes and make payments. (2) Change order consultation. The County shall consult with the Town on all change or- ders and supplemental agreements with an estimated cost of more than $50,000.00 before implementation, except when necessary for the safety of motorists or pedestrians or for the protection of property. (3) County inspection and approval. The County shall be responsible for inspection and approval of construction of the CR Library in accordance with the "Intergovernmental Agreement between Pima County and the Town of Marana for Regulation of Public Property Within Each Other's Jurisdictional Territory" recorded at Book 11458, Page 327, of the Pima County Recorder's Office. E. Financing of the Project. (1) Payment. The County shall pay all costs and expenses, except as otherwise specifi- cally noted in this Agreement, for design and construction of the CR Library, including any related litigation, up to a maximum total amount of $4,500,000.00, the amount of County bond funds authorized for the Project. As provided in Section VII(D)(1)(g)(4.44), this total amount is allocated as follows: $475,000 for planning/design; $3,980,000.00 for construc- tion; and $45,000for "other." All parties understand and agree that no additional County Bond funds shall be used for the Project. {0000002 ZDOC / 6} Town of Marana/Pima County Library IGA - 4 - 7/27/2004 5:52 PM (2) Town responsibility for excess costs. Within 30 days of a request by County, the Town shall assume and pay or, at the option of County, reimburse County for any and all costs for design and construction of the CR Library in excess of $4,500,000.00.00, provided that: (a) County shall promptly notify Town if it has reason to believe that additional funds are required; and (2) the parties shall work together to avoid incurring costs in excess of $4,500,000. 6. Project Permits. A. Permit fees. The Town shall provide or pay for the Town permits required in connection with the CR Library at no cost or expense to the County or the District. The Town shall waive all Town fees related to the CR Library. B. Other permits required. In the event any other governmental entity requires any approval, permission, or permits for the construction of the CR Library (including without limitation any and all sewer fees), the County shall apply for, pay for, and secure such approval, permission or permits. 7. Public Art. The County shall include public art in the design and construction of the CR Li- brary in accordance with the standards for County facilities based on a total construction cost of $4,500,000.00. 8. Opening Day Collection, Furnishing and Equipment. The CR Library shall be stocked, furnished, and equipped prior to the opening day, including sufficient seating for the public, and the shelving necessary to accommodate an initial collection. An initial collection consistent with the requirements of Section VII(D)( 1 )(g)(4.44) of Ordinance No. 2004-18 shall be funded by the District and/or the Town at their own expense. Ownership of all stock, including but not limited to the initial collection, furnishings, and equipment of the CR Library shall vest in the District upon transfer of the CR Library to the District (see paragraph 2(C) of this Agreement.). 9. Operation and Provision of Library Services. A. District Operation of the CR Library. The District shall assume responsibility for operation and maintenance of the CR Library as a county free library, which shall provide services to all in- habitants of Pima County. It is understood and agreed that the District may contract with a third Party to provide such services. B. Financing of the CR Library Operations and Services. The cost of operating the CR Library and providing services shall be the subject of one or more future agreements between the Parties, which are anticipated to be generally consistent with other agreements between the District and mu- nicipalities for library operations and services. C. Days andHours of Operation. The CR Library shall be open to the public at least 58 hours per week, which shall be scheduled on five weekdays and at least one weekend day. {00000027.DOC / 6} Town of Marana/P#na County Library IGA - 5 - 7/27/2004 5:52 PM I0. Term and Termination of Intergovernmental Agreement. A. Repurchase of the CR Library. If, during the twenty-five (25) year period following the Town's transfer of title, CR Library services are not available to Marana residents at the CR Library for a period of thirty days or more, the Town may, upon sixty (60) days prior notice to the District, pumhase the CR Library and the Property by paying the District the amount paid by the District pur- suant to this Agreement. Within thirty (30) days of receipt of such payment, the District shall convey title to the Property and the CR Library and any stock, fixtures, collections, and equipment then lo- cated in the CR Library, to the Town. B. Effective Date. This Agreement shall be effective on the date it is recorded with the Pima County Recorder. C. Term. Except as otherwise provided in this Agreement, those portions of this Agreement pertaining to the construction of the CR Library shall terminate on December 31,2015; however, the ownership, operation, maintenance, liability, and claims provisions shall remain in effect until termi- nated or modified in writing by mutual agreement. D. Termination. (1) For cause. A Party may terminate this Agreement for material breach of the Agree- ment by the other Patty. 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 forty-five days to cure the default. If the default is not cured within that time, the other Party may terminate this Agreement. Any such termina- tion shall not relieve either Party from liabilities or costs already incurred under this Agree- ment. (2) Conflict of interest. This Agreement is subject to the provisions ofA.R.S. § 38-511, which provides for cancellation in certain instances involving conflicts of interest. (3) Non-appropriation. It is acknowledged that all obligations of the Town and the Dis- trict hereunder to make payments to or to incur costs for the specified Project shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. Notwithstanding any other provision in this Agreement, this Agreement may he terminated if for any reason the Pima County CR Library District Board of Directors or Marana Town Council does not ap- propriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, the District and the Town shall have no further obligation to the other Party other than for payment for services rendered prior to cancellation. (4) Legal authority. Neither Party warrants to the other its legal authority to enter into this Agreement. Ifa court, at the request of a third person, should declare that either Party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either Party against the other for lack of performance or otherwise. {00000027.DOC / 6} Town of Marana/Pima County Library IG.4 - 6 - 7/27/2004 5:52 PM (5) Ownership of property upon termination. Any termination of this Agreement shall not relieve any Party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the Property or the CR Library pursuant to this Agreement. 11. Duties of Implementing Political Subdivisions A. Not withstanding any other provision in this Agreement, the Town and the District agree to comply with all responsibilities of implementing subdivisions contained in Ordinance 2004-18, as it may now exist or may hereafter be amended. B. The District (and, if title to the CR Library and the Property is transferred to the Town pursu- ant to Section 10 above, the Town) will operate and maintain the CR Library as a public library for a period of not less than twenty-five (25) years. C. No fee shall be charged for use of the CR Library that is more than a fee charged by the County for a similar purpose. D. The District shall insure the improvements constructed with County bond funds and will re- place same if damaged or destroyed. This requirement can be met with direct or self-insurance re- lated to property or improvement losses. E. The CR Librmy shall be made available to all residents of Pima County without restriction or preference to jurisdiction of residence. F. The Town and the District shall comply with all provisions of Chapter 3.06, Bonding Disclo- sure, Accountability, and Implementation, of the Pima County Code and will provide all reports to the County in a format and schedule agreed upon by the Parties. G. It is not anticipated that the County will transfer County general obligation bond proceeds to either the District or the Town, and both District and Town understand that the County shall main- tain control of bond proceeds for federal arbitrage responsibilities. H. The County may modify this Agreement whenever the County determines violations of fed- eral arbitrage regulations are likely to occur and may reallocate said funds to any project authorized by the Bond Implementation Plan. Funding for the Project will then be programmed on an imple- mentation schedule acceptable to the District and Town, provided the Project will proceed without jeopardizing federal arbitrage rules and regulations. I. The Town and the District each agree to notify the County of events that would require an amendment of the Bond Implementation Plan Ordinance and formally request of the Board of Super- visors that they hold a public hearing on the requested ordinance amendment. 12. Indemnification. A. MutualIndemnity. To the fullest extent permitted by law, each Party to this Agreement shall indemnify, defend and hold the other Parties and their governing board or body, officers, depart- ments, employees and agents, harmless from and against any and all suits, actions, legal or adminis- (00000027.DOC / 6} Town of Marana/Pima County Library IGA - 7 - 7/27/2004 5:52 PM trative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying Party, its agents, employees or anyone acting under its direction or control, whether intentionally negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agree- ment. B. Preexisting Conditions. To the fullest extent permitted by law, each Party to this Agreement shall indemnify, defend and hold the other Parties and their governing board or body, officers, de- partments, employees and agents, harmless from and against any claims and damages, as fully set out above in paragraph 10A, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in, or below, or originated from, property owned or controlled by the indemnify- ing Party prior to the execution of this Agreement. C. Notice. Each Party shall notify the others in writing as soon as reasonably possible or, in any event, within thirty days of the receipt of any claims, demands, suits or judgments against the receiv- ing Party for which the Party intends to invoke the provisions of this paragraph 12. Each Party shall keep the other Party informed on a current basis of its defense of any claims, demands, suits, or judgments under this paragraph 12. D. Negligence of Indemnifying Party. The obligations under this paragraph 12 shall not extend to the negligence of the indemnifying Party, its agents, employees or indemnity. E. Survival of Termination. The obligations under this pamgraph 12 shall survive the termina- tion, cancellation or revocation, whether in whole or in part, of this Agreement. 13. Insurance. When requested by the another Party, each Party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 14. Books and records. Each Party shall keep and maintain proper and complete books, re- cords, and accounts, which shall be open for inspection and audit by duly authorized representatives of any other Party at all reasonable times. All design and construction drawings, records, documenta- tion and correspondence shall be the property of the District at the completion of the Project. 15. Construction of Agreement. A. Entire Agreement. This instrument constitutes the entire agreement among or between the Parties pertaining to the subject matter of this Agreement, and all prior or contemporaneous agree- ments and understandings, oral or written, are hereby superseded and merged in this Agreement. B. Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by all Parties. C. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals of this Agreement. {00000027.DOC / 6} Town of MaranaJPima County Library IGA - 8 - 7/27/2004 5:52 PM D. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement E. Severability. A legislative or judicial declaration or determination that any provision or appli- cation of this Agreement is invalid or void shall have no effect on other provisions and their applica- tion which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. If any provision of this Agreement is declared invalid or void, the Parties shall meet promptly in an attempt to reach agreement on a substitute provision. 16. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town, the County or the District. 17. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any pamaership, joint venture or employment relationship among or between the Parties or create any employer-employee relationship between the Town and any District or County employees, or between the District and any Town or County employees or between the County and any District or Town employees. No Party shall be liable for any debts, ac- counts, obligations nor other liabilities whatsoever of any other relating to wages or employee bene- fits, including without limitation any other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 18. No Third Party Beneficiaries. Nothing in this Agreement is intended to create duties or ob- ligations to or rights in people or entities who are not Parties or affect the legal liability of any Party by imposing any standard of care with respect to the maintenance of public improvements different from the standard of care imposed by law. 19. Compliance with Laws. A. General. 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. B. Anti-Discrimination. The Parties shall not engage in any form of illegal discrimination. Appli- cable provisions ofA.R.S. § 41-1463 and Arizona Executive Order Number 75-5, as amended by Executive Order 99-4, are incorporated by this reference as a part of this Agreement. C. 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. 20. Waiver. Waiver by any 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. 21. Force Majeure. A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term"uncontrollable fomes" shall mean, for the purpose of this Agree- ment, any cause beyond the control of the Party affected, including but not limited to failure of fa- [0000002 7.DOC / 6] Town of Marana/Pima County Library IGA - 9 - 7/27/2004 5:52 PM cilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dis- pute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by gov- emmental 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 emer- gency, which, by exercise of due diligence and foresight, such Party could not reasonably have been expected to avoid. Any Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 22. 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 ad- dressed as follows: Town of Marana: Town Manager 13251 N. Lon Adams Road Marana, Arizona 85635 (520) 682-3401 (520) 682-9026 (fax) Pima County Pima County Administrator 130 W. Congress Tucson, Arizona 85701 (520) 740-8751 (520) 740-8171 Pima County Library District: Library District Administrator c/o Pima County Administrator's Office Kate O'Rielly, Library District Director 130 West Congress - l0th Floor Tucson, Arizona 85701 (520) 740-8661 (520) 740-8171 (fax) 23. Remedies. Any Party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. {0000002 ZDOC / 6} Town of Marana/Pima County Library IGA - 10 - 7/27/2004 5:52 PM IN WITNESS WHEREOF, Pima County has caused this Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Co.uncil and attested to by its Clerk and the Pima County Library District has caused this Agreement to be executed by the Chair of its Board of Directors. TOWN OF MARANA PIMA COUNTY Bobby Sutton, Jr., Mayor Date ATTEST: Jocelyn Bronson, Town Clerk Sharon Bronson, Chair Board of Supervisors Date ATTEST: Lori Godoshian, Clerk of the Board PIMA COUNTY LIBRARY DISTRICT Sharon Bronson, Chair Board of Directors Date ATTEST: Lori Godoshian, Clerk {O000002ZDOC / 6} Town of Marana/Pima County Library IGA - 11 - 7/27/2004 $:$2 PM APPROVAL Thc forcgning Agreement among and between thc Pima County Library District, Pima County and the Town of Marana has been reviewed by the undersigned, and is hereby approved as to content. Pima County Administrator Marana Town Manager A TTORNE Y CER TIFICA TION The undersigned attorneys for the Town ofMarana, Pima County and the Pima County Library Dis- trict have determined, each as to their respective client only, that this Agreement is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana, Pima County and the Pima County Library District. Frank Cassidy Marana Town Attorney Deputy County Attorney (for the County and the District) [0000002 ZDOC / 6] Town of Marana/Pima County Library IG,4 - 12 - 7/27/2004 5:52 PM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 3, 2004 AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Interim Planning Director SUBJECT: PUBLIC HEARING. Resolution No.2004-114: Relating to Subdivisions; Approving a Preliminary Plat for Continental Reserve Block 17. DISCUSSION The applicant is requesting approval of a 123-1ot single-family subdivision on 34.23 acres, which is a portion of Continental Reserve Block 17. The project is located west of Wade Road and north of Pima Reserve Drive, in a portion of Sections 28 & 33, Township 12 South and Range 12 East. This plat consists of lots 1 through 123, and Common Areas "B", "D", and "E". Common Area "B" is 0.92 acres of Open Space. Common Area "D" is 2.09 acres of drainage facilities, and Common Area "E" is 0.76 acres of landscape features. The drainage channels are earthen channels. Grouted rock bank protection is used on some slopes to prevent erosion. This property is zoned Medium Density Residential (MDR) per the Pima Farms Specific Plan. The proposed density is 3.59 RAC, which is consistent with the requirements for MDR within the Specific Plan. The maximum lot size is 16,438 square feet on lot number 37, and the minimum lot size is 6,178 square feet on lot number 17. Actual average lot size of this project is 8,400 square feet. Also, as required by the Specific Plan, lots adjacent to Wade Road must be a minimum of 12,000 square feet, and homes are restricted to single story. See General Notes 12 and 13 on the Plan. Ingress and egress to the project will be achieved by two entrances off of Pima Reserve Drive. Common Area "B" bisects the center of the project so continuity is accomplished with one crossing of the wash on Lost Bird Drive. The internal streets will have a 44-foot fight-of-way, with 5-foot sidewalks on both sides of the street. There are 1.09 miles of public streets within the project. By agreement with the Master Developer, park regulations for the individual subdivisions within Continental Reserve have been satisfied by the construction of a large park on Block 5. Trail connections from each subdivision are required to allow public access to the trail system. The Plat is subject to the Marana South Transportation Benefit Area impact fee. These impact fees will be collected at the time of building permitting. Staff has reviewed the plat for conformance with the Land Development Code, the General Plan, the Pima Farms Specific Plan, 080304 PRV-04002 Continental Reserve Block 17 PrelimPlat.doc the Continental Reserve Block Plat, and the Continental Reserve Production Homebuilder Design Guidelines. Staff finds the application meets all applicable requirements. RECOMMENDATION Staff recommends approval of Resolution No. 2004-114 approving a Preliminary Plat for Continental Reserve Block 17. SUGGESTED MOTION I move to approve Resolution No. 2004-114. -2- 080304 PRV-04002 Continental Reserve Block 17 PrelimPlat.doc MARANA RESOLUTION NO. 2004-114 RELATING TO SUBDIVISIONS; APPROVING A PRELIMINARY PLAT FOR CONTINENTAL RESERVE BLOCK 17 WHEREAS, Lennar/U.S. Homes, the owner of Continental Reserve Block 17 has applied for approval of a Preliminary Plat for 123 single family detached homes on 34.23 acres, comprising Block 17, and including lots 1 through 123, and Common Areas "B", "D", and "E", and is generally located north of Pima Reserve Drive and southeast of Continental Reserve Loop Road, within Sections 28 and 33, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on August 3, 2004 has determined that the Continental Reserve Block 17 Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Continental Reserve Block 17 Preliminary Plat, a 123-1ot residential subdivision within the Continental Reserve Block Plat and generally located north of Pima Reserve Drive and southeast of Continental Reserve Loop Road, within Sections 28 and 33, Township 12 South, Range 12 East, is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy as Town Attorney Marana Resolution No. 2004-114 MARANA TOWN OF MARANA Continental Reserve Block 17 Request for approval of a 123-1ot single-family subdivision on 34.23 acres. TOXVN OF MARANA Planning and Zoning Department 3696 W. Orange Grove~Road 4~ Tucson. AZ 85741 (520) 297-2920 Fax: (520) 297-3930 I 1. TYPE 9FAPPLICATION(cheekOnel ~_ Prel miriam' Plat ~3 Final Plat ' [] Development Plan [] Landscape Plan D Native Plant Permit General Plan Amendment Specific Plan Amendment Significant Land t!se Change PLANNING & ZONING APPLICATION [] Variance [] Conditional Use Permit [] Other Development/ Prqject Name Project Location 2. GENERAL DATA REQUIRED:: Assessor's Parcel Number(s) 221-21-130D General Plan Designation ] N/A (To be confirmed bv staffi Gross Area (Acre/Sq. Ft.) 34.23 AC. 1.491.223 Sq. Ft. Current Zoning I Specific Plan MDR (To be confirmed bx' stat'fl [ Proposed Zoning Description of Pro. iect Property Owner Street Address Contact Person Applicant Continental Reserve Portions of Sections 28 & 33, T12S, R12E, Marana, Pima County, Arizona Block 17 of Continental Reserve, Lots 1-123 and Conunon Areas A, B, D. & E GMAC Model Home Finance 7204 Glen Forest Drive. Suite 201 Same City ] State Richmond \qrginia 23226 (804) 287-3100 (804) 28%3140 Fmacfc.com Phone Number Brim~ Murrm.' OPW ENGINEEP-~G. LLC Street Address 7000 E TANQUE VERDE ROAD. #37 City ] State TUCSON I ARIZONA Zip Code Phone Number Fax Number E-Mail Address 85715 2954544 296-2356 barbee:~ opwengineering.com Barbee Hanson OPW ENGINEERLNG. tLC Contact Person Agent/Representative Street Address 7000 E. TANQUE VERDE ROAD. #37 Zip Code Phone Number 85715 29641544 Contact Person Barbee Hanson Phone Number 2964544 I City i State TUCSON ARIZONA Fax Number E-Mail Address 296-2356 bm'bee:~ opwengineerin~.cnm Marana Business License No. 102946 OF pRO PE RT~-~O}~ ~I E R ~%4 ~%? I, the undersigned, certi~' that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writina by the owner to file this application. (If not owner of record, attach BARBEE HANSON Print Name of Applicant/A?nt [ Si~enature Date FOR OFFICE USE ONLY 7t!1/' 0 WV- CRW No. tev. ntlOI- O01 Receipt No. ~ ~-'~6, Fee Amount /~'~-'~ ,-,l:< ! 23065~O03\forms\p&zapplication -mi TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: TO: FROM: SUBJECT: August 3, 2004 AGENDA ITEM: IX. B. 4 MAYOR AND COUNCIL Jocelyn C. Bronson, Town Clerk Resolution No. 2004-116: Relating to Elections; approving an Intergovernmental Agreement between the Town of Marana and Pima County Division of Elections for the provision of election services for the period July 1, 2004 through June 30, 2005. DISCUSSION From time to time the Town of Marana contracts with Pima County for assistance in preparation and conduct of Primary and General Elections for the Town Council and other special elections or consolidated elections. The last contract was amended and signed in 1993 to reflect the increased costs of optical scanning equipment. This Intergovernmental Agreement provides a schedule of costs and fees associated with elections from the period June 1, 2004 through the period June 30, 2005. RECOMMENDATION Staff recommends adoption of the Intergovernmental Agreement between the Town and Pima County Division of Elections for the period July 1, 2004 through June 30, 2005. SUGGESTED MOTION move to approve Resolution No 2004-116. IG,4 Elections 07/27/2004/11:50 AM/JCB MARANA RESOLUTION NO. 2004-116 RELATING TO ELECTIONS; APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY DIVISION OF ELECTIONS FOR THE PROVISION OF ELECTION SERVICES FOR THE PERIOD JULY 1, 2004 THROUGH JUNE 30, 2005. WHEREAS, A.R.S. § 11-952 grants the Town of Marana the authority to enter into intergovernmental agreements; and WHEREAS, the Town of Marana seeks Pima County assistance in the preparation and conduct of Primary and General Elections for the Town Council Members as required by A.R.S. Section 9-23 i(A), to be held in March and May of every odd year, respectively; and such other Special Elections as the Town may require. Elections will be held on the Consolidated Election dates pursuant to A.R.S. Section 16-204; and WHEREAS, the Town of Marana and Pima County Division of Elections last entered into an Intergovernmental Agreement for the provision of election services to the Town in 2003; and WHEREAS, pursuant to said Agreement, the Town is obligated to submit payments to the County to cover the Town's share of election costs; and WHEREAS, the Mayor and Council have determined that the Exhibits to the aforesaid Intergovernmental Agreement reflect the payment schedule for reasonable costs associated with election services provided by the County; and WHEREAS, the Mayor and Council have reviewed the Intergovernmental Agreement document and find that the terms contained therein are equitable and in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Intergovernmental Agreement and Exhibits attached thereto for the provision of election services to the Town are hereby approved and adopted. BE IT FURTHER RESOLVED that the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. Marana Arizona Resolution No. 2004-116 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2004. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Arizona Resolution No. 2004-116 INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR ELECTION SERVICES WHEREAS, the County of Pima ("County") has a comprehensive voting system and certified elections officials; and WHEREAS, the Town of Marana ("Municipality"), an Arizona political subdivision, seeks Pima County assistance in the preparation and conduct of both primary and general elections for the members of its common council, as required by A.R.S. §9-231 (A), to be held in March and May of every odd year, respectively; and any other spocial elections as the Municipality may require, such elections to be held on consolidated election dates pursuant to A.R.S. § 16-204. NOW, THEREFORE, IT IS AGREED by and between the County, on behalf of its Division of Elections, and the Municipality, pursuant to A.R.S. §16-205(C), 16-409, 16-450,11-251(3), and 11- 951, et. seq., as follows: Purpose. The purpose of this Intergovernmental Agreement (IGA) is to make available existing election services to a requesting political subdivision within the corporate limits of County. II. Count~ Obligations. County shall: Make available support services, ballots, voting equipment, vote tallying equipment, precinct supplies, and such other election materials as may be required for proper conduct of the election. 2. Provide County personnel necessary to effectively administer the election as set forth in this agreement. Furnish such election administrative materials, which have been prepared for County elections, to the Municipality at the applicable cost set forth in the Schedule of Prices, a copy of which is attached as Exhibit A to this IGA and incorporated fully within. Conduct election functions at the polls and provide other services related to the election as set forth in Exhibit A, attached hereto and incorporated in to this agreement as if set forth in full. III. Municipality Obligations. Municipality shall: Request the County, in writing, at least 120 days or at such other time as the parties may agree before any consolidated election date on which Municipality wants services pursuant to this IGA, for assistance in the conduct of its election. Make all submissions required under Section 5 of the Voting Rights Act to the Department of Justice and provide timely notice to County of any pm-clearances required under Section 5 of the Voting Rights Act. Make arrangements with the County for any necessary translations as required by Section 203 of the Voting Rights Act. The jurisdiction will be responsible for payment to County for providing the needed language translations. Provide County Division of Elections with thefinal certified copy of any ballot issue for a Municipality election at least 90 days or at such other time as the parties may agree prior to the election. 5. Prior to printing, review and approve the sample proof two business days after receipt of the proof. 6. Prepare and distribute any requisite translation, printing, and mailing of all publicity pamphlets. Pay any and all charges for printing of ballot pages, sample ballots, ballot labels, or any other items by commercial means directly from the commemial vendor providing such services, unless alternate billing arrangements are agreed to by the County Director of Elections in writing. Should the election be challenged or questioned for any reason whatsoever, then the Municipality shall be solely responsible for defending, legally or otherwise, said elections. This duty shall survive the expiration of the IGA, provided that County shall cooperate with the Municipality in making relevant information and witnesses available upon reasonable request. Within 30 days of the date of the invoice, Municipality shall reimburse County, in full, for invoiced costs of election materials, supplies and equipment, and personnel required in direct support of the Municipal election, as set forth in Exhibit A. IV. 10. Be responsible for the security of all ballots tabulated by officials and vendors other than County's agents or employees and ensure that any functions performed by Municipality or its outside vendors comply with applicable law and regulations of the Secretary of State. Conflict Resolution. In the event conflict arises between the and Municipality over the use of voting equipment, vote tallying equipment, or County elections personnel, County shall have priority, but shall make reasonable efforts to reconcile conflicts so that neither party will suffer as a consequence of conflict. Term. The term of this IGA shall begin on July 1, 2004 and terminate on June 30, 2005, subject to successive annual renewals upon action of the parties. Any modification or time extension of this IGA shall be by formal written amendment and executed by the parties hereto. VI. Notice. Any notice required pursuant to this IGA shall be given to: VIII. County Municipality Name~ Address: Telephone: Facsimile: Brad R. Nelson Elections Director 130 W. Congress St., 8t~ Floor Tucson, AZ 85701 (520) 7404260 (520) 620-1414 Jocelyn C. Bronson Town Clerk 13251 N. Lon Adams Road Marana, AZ 85653 (520) 682-3401 (520) 682-2654 Termination. Either party may terminate this IGA at any time by giving written notice of such termination and specifying the effective date thereof, at least th/ny (30) days before the effective date of such termination. In the event of termination, any reai or personal property belonging to either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any funds of Municipality paid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to Municipality. Indemnification. Municipality shall indenmify, defend and hold harmless Pima County, its officers, departments, employees and agents fi.om and against any and all suits, actions, legal administrative proceedings, claims or demands or damages of any kind or nature which result fi.om any act or omission of the Municipality, its agents, employees, or anyone acting under its direction, control or on its behalf, unless due solely to County negligence. 3 IX. 'X. Compliance With Applicable Laws. The parties shall comply with all applicable federal, state and local laws, roles, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shall govern the tights of the parties, the performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. Any changes to the governing laws, roles and regulations during the terms of this IGA shall apply but do not require an amendment. Non-Discrimination. Municipality will not discriminate against any County employee, client or any other individual in any way involved with the County, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out Municipality's duties pursuant to this IGA. Municipality agrees to comply with the provisions of the Arizona Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference, as if set forth in full herein. Americans With Disabilities Act. Municipality shall comply with 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. Severability. If any provision of this IGA, or any application thereof to the County, Municipality or any person or cimumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. Conflict of Interest. This IGA is subject to the cancellation for conflict ofinterest pursuant to A.R.S. §38-511, the pertinent provisions of which are incorporated herein by reference. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, County shall have no further obligation to Municipality other than for payment for services rendered prior to cancellation. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. Ifa court, at the request of a third person, declares that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recove~ may be had by either party against the other for lack of performance or otherwise. Workers Compensation. EachpartyshallcomplywiththenoticeofA.R.S. §23-1022(E). For purposes of A.R.S. §23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnemhip, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Municipality employees, or between the Municipality and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other party, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or,any of its employees. XVIII. No Third Part3' Beneficiaries. Nothing in the provisions ofthis IGA is intended to create duties or obligations to, or rights in, third parties not parties to this IGA, or to affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. XtXe Entire IGA. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered, or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. 5 In Witness Whereof, the parties hereby have executed this IGA by signing below. ATTEST: TOWN OF MARANA Clerk date ATTEST: Mayor, Town of Marana date PIMA COUNTY: Clerk date Chair date Board of Supervisors APPROVED AS TO CONTENT: Brad R. Nelson, Elections Director The foregoing IGA between Pima County and the Municipality has been reviewed pursuant to A.R.S. §11-952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the IGA represented by the undersigned. Pima County TOWN OF MARANA D~'~ Cou~(y Attorney date Attorney for Town of Marana date EXHIBIT A Schedule of Prices LEVEL 1. FULL SERVICE ELECTION Salaries/Benefits: Permanent Employees: Total hourly rate for all emplbyees x the total number of hours = total cost. The total cost x 1.1011 = The Total Adjusted Cost. Total Adjusted Cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total salaries and benefits per jurisdiction. ~ Temporary Employees: Total hourly rate for all Temporary employees hired to work elections x total number of hours (regular & overtime @ time and one-hal0 = total cosL Total cost x 1.1011 = Total Adjusted Cost. Total Adjusted Cost divided by total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total Temporary Employee cost. Boardworker pay: Actual cost unless there is more than one election within a precinct. If more than one election is being held within a precinct the formula is as follows: Total Adjusted Cost divided by the total number of registered voters for alt jurisdictions = unit price. Unit price x the total number of registered voters in each jurisdiction = total cost per jurisdiction. There are 6 board members per board in each precinct. adjusted to include the indirect costs. 1 - Inspector: $165.72 2 - Judge of the Opposite Party: $129.93 3 - Judge of the Same Party: $124.42 4 - Marshal: $124.42 5 - 2 Clerks: 124.42 each The rates listed are Overtime: Total number of overtime hours worked at time and one-half. Total cost of overtime divided by the total number of registered voters in all jurisdictions = unit price. Unit price x total number of registered voters in each jurisdiction = total cost per jurisdiction, 8 2. Early Ballot & Ballot to Be Verified Processing expenses: This cost will be implemented for any election with a combined total of 100,000 or more registered voters. This cost will be implemented at the discretion of the Division of Elections. 1 - $50.00 minimum fee for 1 - 200 Early Ballots and Ballots to Be Verified 2 - Over 200 Early Ballots and Ballots To Be Verified - the cost is $.25 per ballot 3. Ballot Printing: Actual cost (included early ballots and election day ballots). 4. Advertising: Actual cost if ~ounty submits the advertisement. 5. Professional Services: Postage: actual cost. Printing: actual cost. Sort, label & mail: actual cost. Translations: actual cost. 6. Computer: Total number of hours x $50.00 = total cost of counting ballots (this includes early ballots, election day ballot results, late ballots and verified To Be Verified ballots) Total cost divided by the total number of ballots cast for all jurisdictions = unit price. Unit price x total number of ballots cast for each jurisdiction = total cost per jurisdiction. 7. Building Rental: Actual cost of polling place and class instruction facilities. 8. Precinct package preparation fee: $150.00 per box x total number of voting areas per jurisdiction. (Package includes supply box, Accu-vote and black ballot box.) 9. Other: Signs - $10.00 per sign (preparation). Polling Place Identification - $50.00 additional charge for modifications per sign. Voting Booth Rental - $5.00 per booth Handicapped Booth - $6.00 per booth Misc. charges - Other charge (s) incurred related to the conduct of the election. Charges may include cost of mileage, vehicle rental, photo copies, maps, cellular phone call charges, etc. 10. Replacement Costs: Actual cost Schedule of Prices LEVEL 2. CONSOLIDATED ELECTIONS Any jurisdiction may choose to have its election combined with any county wide election. A fee of 35 cents per registered voter will apply. The thirty-five cent fee covers the following services: ,, Boardworker recruitment and training · Polling Place acquisition · Sample Ballot printing and postage · Translation services · Early Ballot and Ballot to Be Verified processing · All supplies · Supply delivery and pickup · Election night processing and tabulation Any additional services requested by the jurisdiction are provided on actual cost basis. lo Schedule of Prices LEVEL 3. SPECIFIC SERVICES FOR SUPPORT OF AN ELECTION This option will allow jurisdictions to select only those supplies and services to be provided by the Division of Elections: Ballot layout & design - per voting area $50.00 Ballot printing Actual Cost Accu-Vote & Ballot Box - per voting area $300.00 Accu-Vote Unit $200.00 Central Count Accu-Vote $200.00 Accu-feed $150.00 Voting booths ~ $5.00 Handicapped booths $5.00 Ramps $50.00 Boardworker recruitment- per hour $15.00 Polling Place acquisition - per hour $15.00 Boardworker training - per class $150.00 Polling Place supplies - per voting area $50.00 Early Ballot/Ballot to Be Verified processing 1 - 200 $50.00 Over 200 $ .25 per ballot Sample Ballot/Publicity Pamphlet preparation & printing Postage (Sample Ballot, Publicity Pamphlet & Boardworker Notices) Programming - per hour Supply Delivery and Pick up - per voting area Translation Trouble shooters - hourly per person Tabulation Actual Cost A~ual Cost $50.00 $50.00 A~ual Cost $15.oo $500.00 Repair Costs - The Division of Elections will arrange for all repairs. The jurisdiction will be invoiced for the actual cost. The Jurisdiction will make no attempt to repair, replace or modify damages to any equipment. Replacement Costs - Actual Costs (Includes supplies such as keys, key rings, ARS Books, memory cards, adapters, phone cords, power cords or any other supplies requested by the jurisdiction.) 13. Schedule of Prices LEVEL 4. OUTREACH ELECTIONS An organization may have assistance from the Division of Elections in conducting an election. A flat fee of $750 will apply. The Pima County Division of Elections may provide services for Student Body Elections at no charge. The $750 covers the following services: Ballot Layout: The organization must provide the Division of Elections with ballot language no later than 45 days prior to the election. If the ballot language is provided within 45 days, the Division of Elections will not do the ballot layout. The organization is responsible for printing ballots. The Division of Elections will provide a suggested printing company's name, telephone number and address at the request of the organization. Sample Ballot & Publicity Pamphlet: The jurisdiction is responsible for preparing and printing any sample ballot or publicity pamphlet. Boardworker Acquisition & Training: The Division of Elections will not recruit boardworkers, nor will they staff a polling place. The Division of Elections will train boardworkers, at the request of the organization. The Division of Elections will supply lists of boardworkers in the area at the request of the organization. The jurisdiction is responsible for acquiring a facility for boardworkers training. Ballot Tabulation: The Division of Elections will provide ballot tabulation on site after the polls have closed on the date of the election. Polling Place Facilities: The jurisdiction is responsible for acquiring the facility for voting on election day. This includes setup and cleanup of facility. 12 RESOLUTION NO. 2004 - RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE INTERGOVERNMENTALAGREEMENTBETWEEN PIMA COUNTYAND THE TOWN OF MARANA FOR ELECTION SERVICES TO BE EFFECTIVE JULY 1,2004 THROUGH JUNE 30, 2005. WHEREAS, Pima County is authorized, under Arizona Revised Statutes § 16- 205(C), 16-409, 16-450, 11-251(3), 11-951 et. seq., to perform services regarding elections; and WHEREAS, the Town of Marana is ~allowed under Arizona Revised Statutes, Title 9, Title 11, and Title 16, to call for Elections; and WHEREAS, the County and the Town of Marana have determined that the use of the services of the Division of Elections is in the public interest, and the County agrees to provide said services: NOW, THEREFORE, upon motion duly made, seconded and carded, be it resolved: That Pima County enter into the Intergovernmental Agreement between Pima County and the Town of Marana for Election Services; and That the Chair of the Board of Supervisors be authorized and directed to sign said Intergovernmental Agreement. PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this day of ,2004. PIMA COUNTY BOARD OF SUPERVISORS Chair, Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: oufity Attorney- 3_3 :;zl~ t -c>zt TOWN COUNCIL MEETING INFORMATION MEETING DATE: TO: FROM: SUBJECT: TOWN OF MARANA August 3, 2004 AGENDA ITEM: IX. B. 5 MAYOR AND COUNCIL Michael A. Reuwsaat, Town Manager Resolution No. 2004-119: Relating to Personnel; approving and authorizing the execution of changes to the loan provisions of the ICMA-RC 401(a) Defined Contribution plan and the 457 Deferred Compensation savings plan. DISCUSSION In January 1995, Mayor and Council adopted a deferred compensation plan offered by ICMA Retirement Corporation. This plan, called the ICMA RC 457, is a voluntary savings plan to which employees, including those covered by PSPRS, can contribute any amount up to a federal cap. There is no contribution from the Town. No loan provision was available with the 457 when it was adopted. In June of 1995, Mayor and Council adopted the ICMA Retirement Corporation 401 (a) Defined Contribution retirement plan for all employees except certified police, who were members of the Public Safety Personnel Retirement System (PSPRS). Since then, both the elected officials and the dispatchers have joined plans under the umbrella of the PSPRS. These three plans are separate from and not governed by the ICMA 401 (a) retirement plan. A loan provision with the ICMA 401(a) plan was adopted in October 1995. An employee is able to take out a loan against the portion of their retirement funds that they have contributed based on adopted loan guidelines. Currently, 25 active employees have loans against their retirement contributions. Employees with the PSPRS do not have loan options with their retirement plan. In February 1997, Mayor and Council adopted Resolution 97-18 amending the 457 to incorporate new federal legislation. With the legislation, loans were now allowable unless we as the employer chose not to allow them. The key provision of the amendment was the Town's decision not to permit loans against the 457 plan, primarily because there were no IRS guidelines for implementing a loan feature. Staffrecommendation at that time was to reconsider the no- loan provision at a future date. This item presents a reconsideration of the loan provisions of both plans. We have noticed increased requests for access to 401 (a) retirement funds through the loan process and have concerns about the implications to retirement savings over the long nm. Removing the 401(a) loan provision and adding the 457 loan provision will do three things: ICMA RC loan guidelines changes MAW]NJ Resolution 2004-119 7/28/200412:51 PM · It will remove access to funds from the employees' portion of the 401(a) retirement contributions. Employees who have outstanding loans will continue to repay them at an existing amortized level, but no new loans will be available. · It will encourage employees to plan ahead by contributing now to the 457 in anticipation of needed funds in the future. · It will provide an equal opportunity for all employees who participate in the 457, including those under the PSPRS umbrella, to use the loan provision. A copy of the proposed 457 Loan Guidelines is attached. RECOMMENDATION Remove ICMA RC 401(a) Loan Guidelines and adopt ICMA RC 457 Loan Guidelines These actions can be executed through a letter to the ICMA Retirement Corporation requesting the changes. SUGGESTED MOTION I move to adopt Resolution 2004-119. -2- MARANA RESOLUTION NO. 2004-119 RELATING TO PERSONNEL; ADOPTING AND AUTHORIZING THE EXECUTION OF CHANGES TO THE LOAN PROVISIONS OF ICMA-RC 401 (a) DEFINED CONTRIBUTION PLAN AND THE 457 DEFERRED COMPENSATION SAVINGS PLAN. WHEREAS, the Town of Marana has employees rending valuable service; and WHEREAS, the Town of Marana has established a deferred compensation plan for such employees that serves the interest of the Town of Marana by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Town of Marana has determined that permitting participants in the defined compensation plan to take loans from the Plan does not serve these objectives; and WHEREAS, the Town of Marana has determined that permitting participants in the deferred compensation plan to take loans from the Plan will serve these objectives; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that loans from the defined contribution plan will no longer be permitted; BE IT FURTHER RESOLVED, loans from the deferred compensation plan will be permitted. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of August, 2004. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson Town Clerk Frank Cassidy Town Attorney Page 1 Marana, Arizona Resolution No. 2004-119 LOAN GUIDELiNES 457 DEFERRED COMPENSATION PLAN Page 2 Marana, Arizona Resolution No. 2004-119 LOAN GUIDELINES LOAN GUIDELINES L PURPOSE Tee purpose of the~ gu/ddiaes is to establish ~e terms and condil/oos under which the .~ploy~ ~ grant loans to participants. This is the only offiafid Loan Program Docmneat of ~be above named Pha. IL gl IGIBILITY t Loans are avnlhble to all active ~mploye~..Loa~ will not be granted to participants who~bave an enlstin,, ]o an ia defanlL - - Loa~ axe available from the following source: [se. lea one or bo~h] ~ Eznploye~ Con~bafion Account (vested balances only:) ~' Participant Coam'bufion Accounts (pre- and post-~ax, if agpl/cable, including .Employe~ Mandaxot~, Employee Vohmm-y, F~mploy~ R011ovet, ami Potlabl¢ Benefits Accounts, but excluding the Dedua- ible .~nploye~ Conm'bufio~Quaiified Voluotat7 ~mphiyee Conm'bmion A~count) L°aas wll/be ]no-taxed among all file funds ia which tahe participant is inveaxed ax the time the loan is maa., Loaas a~ available for the following proposes: [~ect Loans shall only be granted ia the eveat of a pa~icipant'$ hardshlp or for ~e purpose of eaabl~g a caPant W racet c~a/a spenlfied finaadal situaxio~s. TI~ .~mployea- ~hall determine, based on a~l tnlevant facts and citcmmmnces, that the amount of ~be loan is not hi exce~ of tbe amount teqnlted to i~ieve the/inam/ai need. For this pu~ose, ~r. aaejai ne~d shall include, bot not be limited to: u~imh~r~ed tiled/cai expenses of the pagtici~t ot Illel~r/$ of establishing or substantially lehab~tafing ~be gtlncipnl ~ideace of Lhe patficipanL or paying for a college education (including graduate sa:dies) for Ibc pan/cipaat or bis/lin' depeadeess. III. FREQUENCY OF LOANS [~ea one] N~ Panic/pants may ~:nlve one loan per calendar year. Moreover, pan/cipants may have only one Pan/c/Paots may rece/ve one loan per cnlendar year. Moreover, no participant may have more thaa five (5) loans outstanding ax one time. 7A:1 EXHIBIT A (continued) IV. LOAN AMOUNT ~ m~mum lo~n ~unou~t is $!.000. VII. LOAN I~ RATE Th~ n~ of ime~sr for loans of five (5) y~a~ or k~ will be bas~ o~ prlm~ plus 0.5~,. The ram of in~'~ for loans for a p~dlml ~idenc~ wi~ be bas~ on ~he Fi. LadVA ram ~ m~ ~ ~ on ~c ~ ~ ~y of~ mon~ ~g ~e ~n~ ~ 1~ ~ ~. ~ h~ ~ ~ 1~ ~ ~ ~ ~ a 1~ B ~ ~ ~ ~t ~u~o~ ~ life of~e 1o~. ~ ~ ~ ~ ~ ~n~ ~ ~e ~ ~ ~y of ~ ~ ~g ~ W~I S~ ~ ~ ~e ............................................. PP~3F 7A:2 EXHIBi A (conffnued Loa~ interest m~es for new loans may flucn~ate upv~rd or downward monthly, depending on :be movemem of the prime and FHA/VA in~t raI~. The Employer may modify the rrmmet in which loan interest rates will be determined, but only with respect to fum~ loans. VIII. LOAN APPLICATION PROCEDURE AU J°ans mu~'t be ~eque~ed in wliting o~ an applicalioa approved by ~be Plan Admlnintrator. The applica~on mu~t be signed by the patdcipanL ~ .v~nployer must review and approve the application. If the perticipant is ~ at the tlme of apldJCalion, and speosal coment is requin..d by the plan for the loan, the Panlcipem's speuse mast c~asent, in w~iling, to tbe lorn and ~ coase~t rnust be wimessed by a pinn repre. senmive or nomy public. Such c~nt must be given witl~n the ninevj (90) day pe~od before thc time the loan is made- Spousal consenL if Iequ~ mt~ acc~nl~ny t]~ applina~on in ofde~ for the app~on to ~ comide~d complete. ~, Thc Par~cipent will be required to sign a PtOmiss°~Y note evidencing the loan and a disclosure s~u~nent whlch includes an arnon~'~on ~bedule l~iOt to receix~ng a loan checlL Loan cbecl~ will generally be issue~ on ~e ' F~day f.~owing.the t~.? of a comple~ lorn appli~ion. The lorn ~ promissory note, disdosm~ statetaent de~ve~ t~e check ~o the participant. All e~teca~l documents mu.*t b~ rem~l to the Plan Admlnl ~'ra~or witbi. 10 calendar days f~om tbe date tbe check is issued. IX. SECURITY/COLLATERAL That portion of a lmrdcipant's ves~d accoi~nt belmce tbet is equal lo the amount Of the loan is used m coHateraJ for t~ loan. Tbe colinmml amount may no¢ exceed 50~ of the im-~cipent's vesmd account balance ~ thc ~ loan is ml~ea. Only that po~on of the vested account bainace thai con~-pends to ~be amotmt of the o~t~anding X. ACCELERATION, 7A:3 EXHIBIT .A (continued) XI. REAMORTIZATION Any outsmnd~g lo~u may be mamoniz~. ~on ~ ~g ~ ~ ofa I~ ~ ~ I~ of ~a~t ~ ~ ~ ~u~ of ~n~. A 1~ ~y not ~ ~o~ m ~d ~ 1~ of ~e lorn m~t ~ ~ ~ ~ fi~ (~ ~ ~ ~ ~c ~ 1~ w~ oddly ~,or ~ ~c ~ of a 1~ ~ ~ a ~ ~i~ ~o~ ~ uu~ of y~ ~fi~ by ~ ~ploy~ ~ ~o~ V. ~ve. A par~c~l:~nt ~ leque~ Ibc re~mo~=~on ora Iota h ~g on a ~on ~on ~p~le IO ~ by ~ p~ U~ ~ ~ ~ a ~ ~ ~t,~ ~ ~ ~t to ~ ~ploy~ for ~do~t ~ ~ p~t ~ a~ ~ ~ ~plo~. A ~m~a~ ~ nm ~ ~ a ~ 1~ for p~ of ~g Xll. REFINANCING EXI$'rING LOANS Ifa participant ha~ o~ o~t.~-~ loan. ghat loan may be n~fimaced. If acp~micipant ha~ mo~ than one oumand- lng loan. no Io~u~ may be mnn~,~'~d. P~financing n~an$ con~tly r~paying an existing lo~a an~ bon'owing an additioml amount through a n~w Io~a. In order t~ x~finan~ $~ ex~ Joan, t paflislp~nt must request a n~w loan in writing on an app~cafion approved by the Plan Admi,J,-,-rator. SlmOSal co~t must accompany ~e applicafi~ when such c~t.~! is n:qui~d by the pinn. Such p~qu~st must be made at a time wlma ~ae pa~icipant is eligible to o~ain a I~ ~ ~ by ~ Empinyer in ~ction IIL above. 'f'ne a.,nount of a new inan ~quest~d for eae pmpo~ of re~ is sub~ to Becat~e a x~financing is consi&a~d a n~w loan, o~ly active eanpl°yees may r~fmance an o,~,<iing lean. XIII. REDUCTION OF LOAN ' If a p~ticipant dies and leaves nn outstanding loa~ ~e ~ lo~n b~flanc~ will be r~d fi~m ~ae acc~m~ baisnce before any di.rm'l~ions ~'e mad~ m a be~fichty. XIV. LOAN DEFAULT If a mqui~d payment of principal nad int~zst is not mnrb' wlthin 90 days of the date such ~t i$ ~ ~ loan i~ conside~l in d~fault If a loan is in detail!, tie loan will be fomclo~d during the c~],,..~-y~r in which the pa,'ticip~nt selmates fi~ se~fice. However, I~e IRS 'd~em$' a ~f~fault to be a di.~-ibufi~ in ~:e year the default occurs. 'f'n~fo~ t~e amotmt of the e~g loan at ~be time of tl~ default, including ~ ~ will be r~l~m:d to tbe IRS as a distribution in tbe year tbe defa,,k occurs ~-ve:~ though tbe loan may no~ be fore. c]o~ed a~ thai time. Tbe ciisRibotinn may be subject to taxes and possibly a penalty for early wltbdmwaL tf a participam has s~par~M f~om se~in~ and defaults on a loan. then t~ loan will be fo~cloc~d during the calendar year in which the d~fault occur. The arao~nt oft~e outstanding loan, including acero~d inte~s-~, will be r~port~d to the IRS ~ a dism'bmion which may be subjecz to tax=s and possibly a penalty for e~c~y withdrawal. 7A:4 EXHIBIT 7 , (continued) lfthe Employer has elected in Section X, and ~be pwmhsoty note so provide~, a loan becomes due and payable when the parliclpaat separ'a~ from service. If the ~erms oftbe loan comain this prbvision, the oumanding loan amoua! is 'deemed' in defauh as.of the date of separ~ion fwm s~ice. The amount of the o~staading loan, including accrued imt. r~t, ~ be reported lo th~ IRS as a disuibufion which may be ~bjec~ to ~axes and possibly a penalty for early withdrawal. If :he Employer has so elected is Sectlo~ X. aad Ibe p~oraiss~y note so p~ovide~, a loan become~ due and payable whe~ the paninipaat ~ces a disuibmina of some o~ all of the baisace in bis~ber account after saparafio~ from seri4ce. If the re'fas of thc ]oav.s contain such a pwvisio~ and Ibe oersta~ding loan belaace is nol paid prior to the dis~ibution fix)m the account, the outsumding 1o~ amo~ml will be c~vside~d in defaul~ upon issuance of the disifib~ion check. ~ am~mt of ~be o~tstaading l~a~. il~inding accrued in~,~st, will be r~por~d to the IRS as a di.n~bufion which may be subjec~ to tsxer ~xI po~a'bly a p~ for ~ariy withdrawal. XV. D£ MINIMI$ ACCOUNTS AND oUTCrANDING LOAN BALANCE If a pamapaat sapara~ f~an se~ice aad the pa~il}ipaat's terai v~sted account blflaace, including the out.s~anding loan balance, is $'~.500 or ~ the Pha will au~omagcally fo!~close the loan. The account balance ~maining alter ~he ]oa~ has b~ea satisfied ~ be ~ in acc~tdaace with De lvrmimis provisi~s of Section 10.04 of the dlsuibmion, which may be mbjec~ to raxe,s and possibly a peaal~y for e~arly withdrawal XVI. F~F.S : ' ' Fe~ may be charged for various se~ic~ assocla~i with the ~plinalion for and h.ma~ce of loi~s. All applicable fees will be debited fi'om the pa~clpa~lt.'s account, b~lallce. A sche/inle of fee~ applicable to this Plan is available from tbe Phn Admi~sw~er. · ' XVII. OTH/R Tbe .F, mpinyer h~s fl~ light w se~ other terms and condilions ~s it deem.s nece~ary for l~ ~m ~ pl~ in order to comply with a~y in,al t~. All t~-ms aad condilioas ~ be ~,,~ini~ered in a uniform a~d In Wime~s Wbereof, the .~mploy~r h~by caused ~ Cmidcli~s ro be executed this~day of E~PLOYER BY: A'I'TESI: ACu:r I r.~: lC. MA RETIREMENT CORPORATION BY: TITLE: Al'Trcb-T:. 7A:$