144380-?0 ACCESS AGREEMENT THIS ACCESS AGREEMENT (?Agreement") is entered into this 29th day of December 2016 by and between the CITY OF PHOENIX, ARIZONA (hereinafter referred to as ?City"), an Arizona municipal corporation for and on behalf of the Phoenix Fire Department (hereinafter referred to as and the UNITED STATES OF AMERICA, (hereinafter called Government?), for and on behalf of the United States Marine Corps (USMC), Marine Expeditionary Force (hereinafter referred to as for access to conduct military training operations on the grounds of the Phoenix Special Operations facility and the Phoenix Fire Academy. RECITALS A. WHEREAS the City owns and operates Phoenix Fire Special Operations, located at 2430 8 22nd Avenue, Phoenix, AZ 85009, as described in the attached Exhibit and the Phoenix Fire Academy, located at 2425 W. Lower Buckeye Road, Phoenix, AZ 85009, as described in the attached Exhibit and B. WHEREAS the US Government operates MEF, headquartered at Camp Pendleton, California, and charged with providing the USMC with a globally responsive, expeditionary, and fully scalable Marine Air Ground Task Force (MAGTF), capable of generating, deploying, and employing ready forces and formations for crisis response, forward presence, major combat operations, and campaigns; and C. WHEREAS the US Government desires to use to the Special Operations facility and the Academy for the purpose of conducting military training operations to benefit I and D. WHEREAS the City desires to grant the US Government access to the Special Operations facility and the Academy to use the preperties for the aforementioned purpose. FOR AND IN CONSIDERATION of the desire to assist the United States of America In its military efforts, the undersigned Parties agree as follows: PURPOSE AND USE 1. The City grants to the US Government the right to enter upon the property described above for the period beginning 9 March 2017 and ending on 17 March 2017 in order that MEF personnel, consisting of members from the 15th Marine Expeditionary Unit (15th MEU), may conduct ore-deployment training at this location in support of Realistic Urban Training (RUT) 17?1, at no cost to the US Government, and for no other compensation except as described in the LIABILITY section below. 2. The Parties agree that the scheduled RUT will require select USMC and US Navy (USN) personnel to plan and execute urban raids at locations throughout the Phoenix, AZ metropolitan area. USMC and USN personnel will conduct joint raids with members of the Phoenix Police Department Special Assignments Unit (SAU) in Phoenix, AZ on 13 March 2017 and 16 March 2017. Site surveys of the local area have identified the Special Operations facility and the Academy as the preferred locations to use as a pre-raid staging area and landing zone. 3. The Parties further agree that training support request requires: Access to, and use of, the Special Operations facility from 0800 hours on 9 March 2017 to 1200 hours on 17 March 2017, and the Academy, specifically the driver training pad, from 1800 to 2359 hours on 16 March 2017. 4. The Parties further agree that the concept of operations (CONOPS) will be as follows: a. The Expeditionary Operations Training Group (EOTG) is the unit responsible for the planning and execution of this exercise. b. No earlier than 0800 hours on 9 March 2017, Reconnaissance and Surveillance teams will arrive at the Special Operations facility to prepare the site for training, which may include erecting a general purpose tent for sleeping and working out of. The site will then be utilized by a team of up to (30) Marines. Personnel will remain on site and conduct operations 24 hours per day until 1200 hours on 17 March 2017. c. No earlier than 1800 hours on 16 March 2017, USMC and USN personnel will arrive at the Academy to stage government or rental vehicles in preparation for the arrival of the raid force. Up to four (4) Helicopters (?Hueys?) and four (4) NIH-50 Helicopters (?Seahawks?) will land in waves on the driver training pad and drop off USMC and USN personnel. The military aircraft will fly away once personnel disembark the aircraft. At the conclusion of the raid, the aircraft will return to the training site to pick up personnel and depart. The site will be utilized by up to seventy (70) members of the USMC and USN. 15th MEU does not intend, or expect, to use the Special Operations facility or the Academy in a way that interferes with daily operations. d. 15th MEU personnel will be in possession of their issued weapons (is. service rifles, service pistols). However, no live-fire will occur inside of the Special Operations facility or the Academy. EOTG will provide Marine Officers, Staff Non-Commissioned Officers, and Department of Defense Contractors to act as site controllers throughout the exercise. They will be responsible for safety as well as coordination and liaison with PFD personnel. In addition, they will ensure that the sites are returned to pro-exercise condition upon completion of the training exercise, and personnel will depart no later than 2359 hours on 16 March 2017 at the Academy, and 1200 hours on 17 March 2017 at the Special Operations facility. e. EOTG will coordinate with the MEF Public Affairs Office (FAQ) and the PFD Public Affairs Section to develop a prepared press release that will assist in notifying the local populace of the training exercise and minimize the impact on the community in which this exercise will take place. 5. The Parties agree that the City does not grant the right to use timber or any other products of the land. I MEF personnel will not modify any terrain or vegetation on the property. This includes, but is not limited to, digging, entrenching, and ground disturbing activities. The Parties agree that MEF personnel will only travel and park vehicles in designated areas and travel upon approved/authorized roads or trails. There will be no requirement for fueling or the re-fueling of vehicles at the Academy. All equipment, vehicles, supplies. and other US Government property placed at the Academy will be removed by MEF before the expiration of this Agreement, or within a reasonable time thereafter if unforeseen circumstances prevent prompt removal. 6. The Parties agree that MEF may collect overhead imagery and remote sensed data of buildings and preperty at the Special Operations facility and the Academy in support of training activities. This collection is in support of Congressionally approved programs and will not be utilized to support local, state, or federal law enforcement investigations. 7. The Parties agree to conduct a of the preperty immediately following the conclusion of the military training to conduct a visual inspection of the property and determine the existence of any damage to the property. AUIEQELIIX The Parties are authorized and empowered to enter into this Agreement pursuant to local. state and federal law. DURATION AND TERMINATION 1. This Agreement shall be effective on being signed by the authorized representatives of the City and the US Government and shall continue in full force and effect until completion of the training or unless otherwise terminated or cancelled by the Parties. 2. The Parties may cancel this Agreement at any time by giving reasonable notice to the other party before preparations for the next training evolution have begun. LIABILITY 1. The USMC, as an entity of the US Government, is a self-insuring agency; therefore, all military personnel functioning within the scope of their employment, to include the specific activities mentioned herein, have complete medical coverage and benefits with the US Government for any injury suffered during the scepe of their employment. 2. If any action of the US Government?s employees or agents in the exercise of this Access Agreement results in damage to the real property, the US Government will, at its discretion, either repair such damage or make an appropriate settlement with the City. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The US Government?s liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the City may have to make a claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b) 2671- 2672, and 2674-2680, or the Military Claims Act (MCA) 10 U.S.C. 2733, as appropriate. for any damages other than those provided for herein. 3. The Parties agree that the City may submit a claim for damages pursuant to the FTCA or MCA lo the USMC. The US Government agrees that USMC will process the claim and reimburse the City as soon as practicable after being presented a valid claim for money damages in a sum certain. 4. The City agrees to notify the USMC, as soon as possible if any damages or losses result from the training operations conducted under this Agreement. 5. The City will not be responsible or liable for injuries to third parties or damage to the property of third parties when such injuries or damages are caused by or result from the US Government?s use of the property under the terms of this Agreement and are not due to negligence of the City. An injured third party has the right to file a claim with the US Government, through the USMC, pursuant to the FTCA or MCA. In no case will the US Government's liability exceed that allowable under the FTCA or MCA. ENTIRE AGREEMENT 1. This Agreement contains the entire understanding of the Parties hereto. There are no representations or other provisions other than those contained herein. 2. The Parties agree that any amendment or modification of this Agreement shall be made only in writing and signed by a duly authorized representative of the Parties to this Agreement. INVALIDITY OF PART OF THE AGREEMENT 1. The Parties agree that should any part of this Agreement be held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the Parties. GOVERNING LAW 1. The laws of the State of Arizona shall govern this Agreement. CONFLICT OF INTEREST 1. The Parties acknowledge that this Agreement is subject to cancellation provisions pursuant to A.R.S. 38-511, as amended. RETENTION, PUBLIC INFORMATION AND RECORDS RELEASE. AND INFORMATION 1. To the extent required by law, the Parties agree that the City must abide by the record retention provisions of 35-214 and 35-215 and the public records provisions of A.H.S. 39-101 et. seq. 2. Due to sensitive nature at this training, the City agrees that it will use its best efforts to protect correspondence from automatic public release to the greatest extent allowable by law or regulation and will notify the US Government in the event a party makes a public records request covered by this Agreement. 3. The City understands that it may unwittingly come in contact with classified information. Classified information may be marked or unmarked, including oral communications. The City understands that any unauthorized disclosure could cause damage or irreparable injury to the United States of America and that by signing this agreement the City agrees to not disclose such information unless and until released in writing by an authorized representative of the US Government. NOTICES i. All notices and other communications required or permitted under this Agreement shall be in writing, and shall be deemed given when delivered by hand or mailed by first class US mail to: If to the City: Phoenix Fire Special Operations Attn: Deputy Chief Scott Crane 2430 S. 22nd Avenue Phoenix, AZ 85009 (602) 534-0947 scott.r.orane@phoenix.oov Phoenix Fire Academy Attn: Deputy Chief Chris Stewart 2420 Lower Buckeye Ftoad Phoenix, AZ, 85009 (602) 262-6011 chris.g.stewart@ ghoenixgov If to the US Government: Colonel James B. Hanlon, USMC Assistant Chief of Staff, (3-7 i Marine Expeditionary Force Box 555300 Camp Pendleton, CA 92055?5300 (760) 725-9132 iames.hanlon@usmo.mil [signature page follows] iN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the date written below. CITY OF PHOENIX Ed Zuercher, City nager Signature: JMV a a Kalk (enner jire Chie Date: I 23 City Clark APPROVED AS TO FORM: Acting City Attorney 8PM UNITED STATES GOVERNMENT I I MARINE EXPEDITIONARY FORCE Manama: LEM lone! James B. Hanlon, ssistant Chief of Staff, 61-? Date: 374371) 20/7 50:5 tit was iiti?i?ii?i Alli) EXHIBIT A 1 ?gutEXHIBIT mm A . . m; Av, 1v- 2.72." 1 0 490% ?g @8073? {affr? Wa?i?d ?me A '7 my: