City of Apache Junction, Arizona Page 1

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1 Tuesday, May 17, 2016 City of Apache Junction, Arizona Agenda City Council Meeting 7:00 PM Meeting location: City Council Chambers at City Hall 300 E Superstition Blvd Apache Junction, AZ Ph: (480) City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of April 19, Consideration of approval of minutes of special meeting of April 19, Consideration for approval of minutes of regular meeting of May 3, Consideration of the First Amendment to Employment Agreement with Presiding Magistrate James Hazel. 6. Consideration of health and human services contracts for Fiscal Year On May 3, council approved the recommendations of the health and human services commission for Fiscal Year Consideration of award of contract to Regional Pavement Maintenance for street maintenance work in the Palm Springs subdivision area in partial fulfillment of the fiscal year Street Maintenance Plan. The work would be through the City of Buckeye cooperative contract # for a total not to exceed amount of $178, including a ten percent contingency. City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

2 City Council Meeting Agenda May 17, 2016 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards, presentations from other organizations, proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 8. Proclamation designating the week of May 15th - 21st, 2016 as Public Works Week. 9. Mr. Sam Leyvas, Chief Executive Officer of First Things First, will present the 2016 First Things First Champion for Young Children Award for the Pinal Region to City Manager Bryant Powell. F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 10. City manager's report. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak. All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five (5) minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 11. Public hearing, presentation, discussion and consideration of proposed Ordinance No. 1431, case PZ-6-16, a proposed planned development major amendment request by Superstition Commons LLC, represented by Charles Duck, to amend the conditions of their RM-1/PD (High Density Multi-family Residential by Planned Development) zoned, 5-acre subdivision property known as Superstition Commons Townhomes Subdivision (formerly "The Haystacks") located at 854 S. San Marcos Drive, by allowing the last five buildings (buildings 10 through 14) to be constructed as two-story four-plex townhome buildings, instead of one-story four-plex townhome buildings with basements. I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction, Arizona Page 2 Printed on 5/10/2016

3 City Council Meeting Agenda May 17, 2016 J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 12. Presentation, discussion and consideration of approval of amendment to inmate telephone service agreement. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 13. Direction to staff on process of filling vacant board member positions at Superstition Mountains Community Facilities District No Direction to staff on date, time and location for meeting with the SouthEast Valley Regional Association of Realtors. 15. Direction to staff on the Request for Qualifications (RFQ) for visitor center services. Council previously discussed the visitor center services proposals at the April 18, 2016 and May 2, 2016 work sessions. This item provides the opportunity to direct staff on how to proceed with visitor center services and the related RFQ. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 16. Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 6, Executive Session at 5:45 P.M. for Tuesday, June 7, Other meetings if necessary. M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda. All speakers must have already submitted a written Request to Speak form to the city clerk no later than the conclusion of the city manager s report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson. All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1) respond to criticism by a speaker; 2) ask the city manager to review a matter; 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone, provide their name and address. There is a three (3) minute time limit per speaker. City of Apache Junction, Arizona Page 3 Printed on 5/10/2016

4 City Council Meeting Agenda May 17, 2016 N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at (480) or TDD (480) City of Apache Junction, Arizona Page 4 Printed on 5/10/2016

5 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 1. File ID: Sponsor: Kathy Connelly Index: Local/State/Federal Statutory Requirement Agenda Date: 5/17/2016 In Control: City Council Meeting Consideration of acceptance of agenda. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

6 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 2. File ID: Sponsor: Kathy Connelly Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Consideration of approval of minutes of regular meeting of April 19, Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

7 CITY COUNCIL REGULAR MEETING APRIL 19, 2016 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 19, 2016, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Waldron led the Pledge of Allegiance. Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham City Engineer Emile Schmid Development Services Director Larry Kirch Public Information Officer Al Bravo Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 1 OF 31

8 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND SOUTHWEST SLURRY SEAL FOR STREET MAINTENANCE WORK IN VARIOUS LOCATIONS WITHIN THE CITY IN PARTIAL FULFILLMENT OF FISCAL YEAR STREET MAINTENANCE PLAN THROUGH THE PINAL COUNTY COOPERATIVE CONTRACT EC IN THE AMOUNT OF $527, PLUS TEN PERCENT FOR CONTINGENCY IN THE AMOUNT OF $52, FOR A TOTAL AMOUNT NOT TO EXCEED $580,008.59; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT APRPOVAL BE GIVEN TO RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY FOR SOUTHERN AVENUE FROM IRONWOOD DRIVE TO DELAWARE DRIVE; AND THAT APPROVAL BE GIVEN TO RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT GRANT MONEY FOR DELAWARE DRIVE FROM APACHE TRAIL TO SUPERSTITION BOULEVARD; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PERTAINING TO THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA S 2017 HIGHWAY SAFETY PLAN; AND THAT ITEMS NUMBER 16 AND 17 BE MOVED TO BE HEARD IMMEDIATELY FOLLOWING THE CITY MANAGER S REPORT. SECONDED THE MOTION. Councilmember Waldron VOTE: Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 2 OF 31

9 AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Evans commented Friday night was the annual police awards banquet. Officer Danny Garcia was again the officer of the year for the second year in a row. They issued a lot of thank yous and awards to police volunteers and Paws and Claws volunteers. Councilmember Evans commented on Saturday there was a huge neighborhood clean up. Councilmember Evans commented they had the ladybug release at the community garden on Saturday, Earth Day. A number of businesses donated items for the event. Councilmember Serdy commented the Pony Express is coming this Saturday. They are leaving Show Low on Wednesday and should be at the Hitching Post sometime after 2 p.m. Councilmember Rizzi commented on the funeral service announcements for Roger Borey. Mayor Insalaco commented he was again asked to go to Washington for the Indian tribes but he would have had to leave this morning. They are still having the problem with the Toho No Odom Tribe. Mayor Barney and one of his councilmembers went, three councilmembers from Mesa, the vice mayor and a councilmember from Gilbert and a lieutenant governor for one of the tribes. The tribe is also thinking of moving in to other places. They are looking at buying 5 major county islands in Mesa. They are trying to stop them from buying those properties. Other East Valley and West Valley representatives also are attending. CITY MANAGER S REPORT City Manager Bryant Powell commented on the Duel in the Desert Kickball Tournament, the events commented on by Councilmember Evans over the weekend, the 35 year recognition for Jeff Bell REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 3 OF 31

10 and introduced Darron Anglin, District Manager for the sewer district, to give a presentation on the sewer district. Mr. Darron Anglin stated he would present the state of the sewer. They are known as the Superstition Mountains Community Facilities District. He gave a brief history of the district, the amount of sewage they have treated thus far, their budget and the treatment process. Councilmember Wilson thanked him on behalf of the equine community for being another place to take manure and work with their composting. City Manager Bryant Powell commented on the connections to the sewer district and the water treatment plant. PUBLIC HEARINGS ORDINANCE NO. 1428, CASE PZ-2-16, PROPOSED PLANNED DEVELOPMENT AMENDMENT REQUEST BY APACHE JUNCTION LANDFILL CORPORATION TO AMEND THE CONDITIONS OF THEIR SPECIAL USE PERMIT/FIRST AMENDMENT TO THE AGREEMENT FOR OPERATION OF MUNICIPAL SOLID WASTE LANDFILL AND RELATED OFFSITE AND ROADWAY IMPROVEMENTS AGREEMENT ) ) Mayor Insalaco asked if they could have one public hearing on the item. City Attorney Joel Stern stated they could have one public hearing but they must have a separate vote on each item. Senior Planner Rudy Esquivias briefed the council on Ordinance No Mayor Insalaco asked what would happen to everybody s trash if this closes. Senior Planner Rudy Esquivias stated he believes Mr. Coyle will address that question. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 4 OF 31

11 Basically, if the landfill closed today, there would probably be a transfer station constructed somewhere. They would have to go through the city processes if they wanted to construct it in the city. Everybody s trash would go to a transfer station and then be hauled to one of the other surrounding landfills in the metropolitan area. Councilmember Wilson commented he had a tour out there. Currently there is no water monitoring in the area at all. They are not required to do it. It is basically grandfathered in due to the age of the original facility. They are doing a lot to try to mitigate any problems but there is no water contamination being evaluated at all. He would like to see what it would take to add that to the conditions. He asked how they could go about doing that. Senior Planner Rudy Esquivias stated they could add another condition to the zoning or address it in the item Larry will be talking about, the host agreement. There are a couple of places where they could cover that. Perhaps the city attorney could advise on which would be the best place to put it. City Attorney Joel Stern stated they could put it in both. Larry will be presenting the development agreement in a moment where they can also talk about it. Councilmember Evans asked why planning and zoning asked to change it from 2035 to Senior Planner Rudy Esquivias stated there was a lot of back and forth discussion about whether the 2035 date relates to the progress of waste coming into the landfill. It is an open-ended question best addressed by Mr. Anderson or Mr. Coyle. It might even close sooner; there is also the possibility if there is no closure date is might close later. There were also questions whether 1,723 feet had anything to do with the physics of the landfill itself. The 2035 date was a negotiated date in early discussions with city staff and landfill staff. We all thought it was a fair date when arrived at. He believes the commission would like to see REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 5 OF 31

12 it closed sooner. He does not recall there being a hard reason to move it from 2035 to City Attorney Joel Stern stated one of the issues was they were going to miss out on development for an extra ten years. That issue was brought up by two or three members. Senior Planner Rudy Esquivias stated that concern was also brought up by the one citizen who spoke at the meeting. Some folks have a vested interest in town and they are interested in seeing it close sooner rather than later. Councilmember Waldron asked if they would need to go to Arizona Department of Environmental Quality for specific wording for the agreement if they start looking at the water issue. City Attorney Joel Stern stated he would recommend that. They have certain specifics they would probably want to see as a condition. Councilmember Waldron commented they would have to approach them and it would take a little bit of time to get a response. City Attorney Joel Stern stated he would recommend it but he does not know how long they would take or the Arizona Department of Water Resources. It would take a while. They do have a lack of employees. But it would have to be done. Councilmember Evans asked if anyone included how State Land might feel about having a closure date or not, or if they would prefer 2025 to She asked if they had any input. Senior Planner Rudy Esquivias stated they sent a complete copy of the staff report to the contact at State Land. Staff did not receive any comments back from her. He believes no comment means they are fine with what is being done. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 6 OF 31

13 City Manager Bryant Powell stated Lisa Atkins, the current State Land commissioner, was in Apache Junction three weeks ago. He asked for her thoughts on this. She stated the current footprint is what it is; it is a scar. They do not have a lot to say on it. However, the inability for the community to have a closure date is something that is not there. The ability to have a date, to be able to say that to developers is something that they have an interest in. That was her comment. She did not say they would engage and they have not seen a letter. She was glad to hear the city and landfill are working together on coming up with a plan. Councilmember Wilson commented when he first came on the city council one of their first meetings had a discussion on the landfill with its potential closure and what they would need to do and look into for the future on addressing solid waste. That was over 8 years ago. At that time they were looking at 8 to 10 years into the future. Today it is still 8 to 10 years in the future that they are proposing as they have had a decrease in usage or deliveries. We are doing more in recycling than we were 8 years ago. He understands it. Even if they say it is 8 to 12 years into the future now, they could even take it out even further than that because of the decreasing usage. He likes the idea of having a solid date but he is very concerned about adding water monitoring in any way, shape or form where they can get it done. He knows they are doing a terrific job in using the liners coming up against the old, basic footprint. They still have the basic footprint started that has nothing and that is something they inherited. It was not something they did. Councilmember Serdy commented several of them had tours down there. As landfills go, it is probably one of the nicer ones. Republic has been a great partner. They would not have had Fourth of July celebrations the last few years without them. Regarding the comment about whether State Land cares or not, they do not develop anything. The people that would by buying and possibly putting something nice there would care for the kind of things he would like to see there. He has wanted to see a resort go in. We do not have anything out here other than Gold Canyon and he questions if they would want to go in next to this. He is leaning towards sooner rather than later. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 7 OF 31

14 There was general discussion between the mayor and the city attorney on the order of who would be speaking when. Development Services Director Larry Kirch briefed the council on the operating agreement and the first amendment to the agreement. Councilmember Waldron asked if the same time frame triggers kick in under the proposed agreement if the firm closure date is set in 2035 but it fills up quicker than that such as five years for an earlier closure date. He asked if they would start with the increased payments five years earlier. Development Services Director Larry Kirch stated he believed they would. The trigger is there. He is not sure if it is specific language, it is the intent. If they close in 2030, then in 2025 we would start getting those payments. He thinks that is how it is worded. At the same time, the other revenues do not show up either because it is closed early. Councilmember Evans asked if the monies received from Republic Services go into the general fund or some other part of the budget. City Manager Bryant Powell stated they go into the general fund. Councilmember Evans commented there is no place around here where the city would receive that income to move a dump to. City Manager Bryant Powell stated that is correct. There is a transfer site across the street on Royal Palm that Right-Of-Way Disposal has, but there is no other site and there is no agreement with them. They are in a county island. We need to prepare financially and fiscally as that day will come. Currently, under the current agreement, if nothing changes, that $250,000 or $270,000 or $220,000, depending on the year, will be gone. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 8 OF 31

15 Councilmember Evans asked if that is a percentage of the general fund budget. City Manager Bryant Powell stated the general fund revenues run about $25,000,000 a year. It would be around 1% plus or minus. The non-tax revenue is around 5%. It is not insignificant. It would be a work around to figure out how they are going to do it. They would have to prepare for it. It would be a revenue loss. Councilmember Evans commented it would be a revenue loss but it would also be an additional charge to the citizens for wherever the new dump will be. City Manager Bryant Powell stated it will be a double whammy of if they wanted to keep the current level of service. They would have to find revenue or manage that one. When it closes, nobody really knows how much of an increase there will be to the service. Currently the residents are charged $15 a month and get single stream recycling, curbside recycling and trash pickup once a week. He can promise that will change. It will be increased but he does not know what it will be. They are talking years in advance and future dollars. That is another consideration in this. Councilmember Rizzi commented she thought it was a great presentation. applicant address the council. Mayor Insalaco requested the Mr. Steven Anderson, attorney with the law firm of Gammage and Burnham, addressed the council on behalf of Republic Services. General Manager Chris Coyle and Environmental Manager Doug Sawyer of Republic Services were also in attendance. They have two items on the agenda this evening regarding the landfill: an amendment to the current operations agreement and an amendment to the current planned development zoning. Staff has provided them with a detailed report on the proposals that were discussed at the work session two weeks ago. He will not reiterate the details of the staff report, but he will highlight the issues he believes should be touched upon. He wanted to emphasize the current confirmation from city staff REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 9 OF 31

16 on the point of current compliance. Apache Junction Landfill Corporation and the city both have been and remain in compliance with the current operations agreement and planned development zoning that currently exists on the site. Regardless of what happens this evening, those two items will remain in place tomorrow morning and they will continue to comply with them until otherwise notified. They believe they have operated the facility in a responsible manner and as part of that operation have attempted to keep the city regularly apprised of what is happening at the landfill. He showed them an aerial photograph of the site. He also had a detailed photograph that was labeled. It had a little more detail than the one showed by Rudy Esquivias. It has specific activities that occur on the site labeled. They also brought a 3D printer model of the landfill and he passed that up to the council. There are three aspects to the proposed amendment to the operations agreement that he wanted to present. The first of those is closure. The proposals before them this evening establish a closure date. The proposal are from staff and the negotiated one they agreed to is December 31, At this time no closure date exists for this landfill. If this is approved this evening, it will become the only Republic landfill in the state with a publicly set closure date. Filling a landfill is subject to a wide range of factors: the state of the economy, fuel prices, recycling and competition. When entering this amendment, Republic will replace a rubric in which all of those factors are a part of the decision on how the landfill operates with a primary goal of filling this landfill by a certain date. It will change the way they operate the facility. The second thing he wanted to discuss are the financial commitments that are a part of the operations agreement amendment. The proposals increase the current financial commitments they are willing to make to the city. There is an immediate and indexed increase in the tonnage fees, the creation of the free dumping rights for the city throughout the year and the creation of closure funding payment of $1.5 million. None of these obligations currently exist at the facility. The planning commission did recommend approval of the planned development amendment but through a jurisdictional quirk of this process the planning commission does not have jurisdiction over the operations agreement amendment. They never saw that or heard Larry s presentation. They did not have all the information before them. They remain ready to commit to the 2035 closure date. In their mind it is part of a complex REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 10 OF 31

17 and completely negotiated agreement. That is why they differ with the planning commission s recommendation with regard to condition number four. However, they are willing to agree to and actually welcome their recommendation for the additional landscaping stipulation that some landscaping be done at this time. The language in the staff report is acceptable to them as an additional stipulation as part of approval. The final item is the groundwater monitoring with regard to the various amendments before the council. Currently this is a grandfathered site. Arizona Department of Environmental Quality does not require this landfill to have groundwater monitoring at this time. If they approve these proposals tonight, Republic would be required to amend its current operating documents with Arizona Department of Environmental Quality. It is their 100% expectation that Arizona Department of Environmental Quality will, as part of such an amendment, require Republic to begin groundwater monitoring. If they see fit to add something into the approval of either of the documents that are before them, he would estimate they would have Arizona Department of Environmental Quality groundwater monitoring within one year of approval. It would be fully consistent with what they expect to have to do anyway. They do view this as an Arizona Department of Environmental Quality process, not an Arizona Department of Water Resources process. He recommends they defer to Arizona Department of Environmental Quality. As part of city approval, they are already required to comply with Arizona Department of Environmental Quality regulations. If they do have to do that, it will be a six-figure cost to Republic in order to install the necessary groundwater monitoring wells and all the equipment that is involved in that effort as an initial startup. There is then an ongoing annual compliance cost. It is something that is not without financial impact on Republic and it is indeed part of the calculus that was part of their negotiated approach to this process. He commented on the community outreach that Rudy was talking about previously. The red circle is the required city notice under their ordinances. They went half a mile more north to Baseline and then an additional quarter mile in each direction on Tomahawk for the notifications. They appreciate the fast acknowledgement of their efforts. To date there has been a neighborhood mailing, a community open house, a planning commission study session, a planning commission hearing and a city council study session. There have been five separate occasions for public input thus far. Prior to today they were REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 11 OF 31

18 aware of three people who had expressed concerns about the proposals and they were primarily expressed to the city. Mr. Ken Johnson sent in a letter in response to an original neighborhood mailer two months ago and they sent him a responsive letter. Ms. Diana Burns sent a letter to the city two weeks ago with six questions that were addressed at one of the two staff presentations just heard. He would address those items if requested. If they had come up at the open house or in response to the neighborhood mailing they would have addressed those questions at that time. The letter from two weeks ago contained no responsive contact information. The post card over the weekend from Ms. Burns did have a phone number and they called her yesterday and left a message. She had not responded but she may not have had the opportunity to do so. The gentleman engaged the most is Mr. Andy Kunasek. He does not live in Apache Junction; he lives in Paradise Valley. He was forthright about his motivations with the planning commission at the hearing last month. He is a real estate investor and potential competitor to Republic with regard to this facility. His information is a matter of public record. He has an investment in the Silverado Landfill in Pinal County. He showed them a map for their approval in Pinal County and an aerial photograph showing their location which is about 24 miles away. It seems like is as a long way away in a typical zoning case but when it comes to a landfill it is actually a next door neighbor. He showed them deeds for the site with Mr. Kunasek s signature operating through Mineral Mountain LLC, a limited liability company that he has for maintenance of the site. He got the original approval from Pinal County in January They have not done an exhaustive review of all of his approvals. The map is simply related to his original approval in They understand that nothing has happened on that site since that time. He is waiting for an opportunity to begin development or a buyer. He is not someone who has been in the waste disposal business on a day-to-day, routine basis. He showed the council the approvals from planning and zoning and industrial use permit that are very similar to the city approvals with much of the same requirements imposed. There were a few he wanted to highlight. He has a schedule of development with an opening day about two years away in He does not have a closure date. It is typical to not have a closure date in a landfill approval. He has an odd stipulation that Republic does not have that requires him to be able to support his landfill through transfer REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 12 OF 31

19 station sites. Stipulation number twelve actually says that he has to have a transfer station site included in Apache Junction. To the best of his knowledge, such a site has not been developed at this point but it is in there. Mr. Kunasek s investment risk is not really the business of Apache Junction but he thought they would be interested to know the specifics about his approvals. To date, in their minds, the people who have really been interested here before this evening have been the council and city staff. Some of them took the time to come to our community open house and they appreciated that time. Some of them have taken the time to tour the landfill and they appreciate that as well. They sat through a detailed study session two weeks ago. They have sat through an hour of presentation from staff and him this evening. He appreciated their interests and efforts. Vice Mayor Barker asked them to explain how they are going to mitigate that area from the earlier landfill with the moisture seepage. Mr. Chris Coyle, Republic Services, 4050 S. Tomahawk, Apache Junction, general manager for the Apache Junction Landfill Corporation, addressed the council. The original portion of the landfill is the center 40 acres. The original landfill was a trench landfill where they dig a trench about 25 feet deep, fill it with trash, cover it and dig another trench next to it and keep moving along like that. They have an assumption of where the bottom of that trash is as they did not keep records in the 50s and 60s. To be safe they dug below where they believe the bottom of the landfill was and installed the liner there all the way around the landfill. They have one last segment to do. The theoretical assumption is that anything that migrates from that original landfill will be captured by liner underneath the landfill. It will also capture all the water that has gone through the trash. They have a landfill gas system that is over the entire landfill. Vice Mayor Barker commented they then pull the moisture out from the liner. Mr. Chris Coyle stated they pull the moisture out from the liner. They have four subdrains REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 13 OF 31

20 and subpumps in the landfill. They pump it out and use it as dust control for the lined areas along the landfill. Councilmember Rizzi commented the tour was fascinating and educational. She never thought it would be that interesting and he had answers to all the questions. It would be interesting for other people to take it and get educated. They had talked about how thick the liner is and the unlikelihood that it should tear. Should it tear, there is a material that if water somehow hits it, it becomes concrete. Mr. Chris Coyle stated it is a composite liner. The liner below it has a geotech soft fabric that has a bettanite layer below it. Once bettanite gets wet it solidifies and essentially turns into concrete. On top of that is a 60 mil plastic they use in all their landfills across the country unless local regulations require it to be higher. From there they put two feet of dirt to make sure the plastic does not get damaged. They then put waste on top of the solid waste to protect the liner. If something does happen to get through the plastic, it would be solidified underneath there. Councilmember Rizzi commented they are grandfathered in and not required to monitor the groundwater. In their conversation he commented he was prepared to do that and he was willing to do that. Mr. Chris Coyle stated absolutely. If they have approval from the council this evening or in the future they would have to do a modification. They have to apply for a modification with Arizona Department of Environmental Quality. They fully expect Arizona Department of Environmental Quality to impose groundwater monitoring requirements on the site. They have budgeted for it and prepared for it. They will have one up gradient well and two down gradient wells to make sure the water, whatever travels underneath the landfill, remains consistent before and after. Councilmember Waldron asked if it is his understanding in the proposed agreement that should the landfill close prior to 2035 proposed date, that the five REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 14 OF 31

21 year trigger would kick in. For instance, if it will close in 2030 it would kick in in Mr. Chris Coyle stated he does not remember the specific language but one way or another if it closes early they will have all the funds when it closes. Councilmember Waldron commented it is the same for the park. Mr. Chris Coyle stated that is correct. They can work that out with staff. Sometimes it is hard to project when five years will be but they will have a trigger in there to where if they do close early and they have only made one or two payments, they will have a trigger in there were all funds become due. Councilmember Rizzi commented they had also talked about the height increase and comparisons. She asked for an idea to give her a visual. He compared the height increase to two basketball hoops. Mr. Chris Coyle stated it is essentially. It was about 23 feet from where they were sitting and right on top of the landfill. Councilmember Rizzi commented they are not going bigger and wider. They are going the equivalent of two basketball hoops. is correct. Mr. Chris Coyle stated that Councilmember Wilson commented he had asked him what the height difference is between the 1723 and Silly Mountain. When he looked it up he found that Silly Mountain is 5 feet taller. Mr. Chris Coyle stated he went back and looked at that. The trailhead of Silly Mountain, where you actually start to go up, is the elevation of You could stand there and look back at the site and it is below you. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 15 OF 31

22 Mayor Insalaco opened the public hearing on the item. He asked everyone to be courteous. There is a time limit and they will see it pop up. He asked if there was anyone who would like to speak on the item. Mr. Larry Johnson, chief executive officer of the Apache Junction Chamber of Commerce, 567 W. Apache Trail, Apache Junction, addressed the council regarding Republic Services being a member of the chamber, last year being voted Large Member of the Year, and listed a number of events they have sponsored and supported. He spoke in favor of the plan. Mr. Joe Durbala, 673 E. Kachina, Apache Junction, addressed the council to speak about the closure date, to try to get a transfer station in the city and recycling. Mr. Tom Aulik, 503 E. Montebello, Apache Junction, addressed the council regarding his concern for a closure date, a well put in next door, putting the issue of what to do with the landfill to a vote, having a transfer station, his distrust for corporations, the council vote and his concern for the hazards. Ms. Thressa Kelly, 2900 W. Superstition #99, #58, #5, #8 and #6, Apache Junction, addressed the council regarding her concerns for recycling alternatives, giving the garbage to other people and a concern for the aquafir. Mr. Paul Winkman, Royal Palms, addressed the council to commend the people who take care of the place. He was concerned about where the trash would go once it is closed and it would be good to keep the landfill open as long as possible. Ms. Karen Kunasek-Taylor, 3344 E. Camelback, Phoenix, representing DMV Associates, commented on the Eastmark property and the future of Superstition Vistas and Lost Dutchman Heights, the existing capacity for the landfill and the closure date. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 16 OF 31

23 Ms. Sandy Reed, 2221 E. 36th Avenue, Apache Junction, addressed the council regarding her opposition to all the development due to her concern for water and yard debris that could be composted in the future. Pinal County Supervisor Todd House, 5027 E. Hidalgo Street, Apache Junction, addressed the council regarding economic development being easier with a park than with a landfill. He thinks future development would help to pay to develop that into a park. Mr. Tim Waters, 2207 E. Baseline, Apache Junction, addressed the council regarding his concern about the landfill remaining there. He would like to see a park. Mr. Rory Blakemore, Kowie Companies, 1242 E. Jackson Street, Phoenix, owners of Silver Bar Mine Regional Landfill, addressed the council regarding the alternatives to Republic, their expansion request and the possibility of briefing the council on their company at a future meeting. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council regarding his concern for the monies needed to turn the landfill into a recreational area and long term obligations secured by bonding. Ms. Diane Burns, 527 W. Whitely, Apache Junction, addressed the council regarding questions by the residents that included concerns for cancer risk, the underground water table, environmental hazards, the unlined aspect, property values going down, debris causing flat tires and exploring the alternatives. She urged they vote against this or delay it until they have the answers. Mayor Insalaco closed the public hearing on the item and reopened the items to council discussion. Vice Mayor Barker commented this is not an expansion. Many people who came up here described this as an expansion. The land that has been there REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 17 OF 31

24 for many years has always been the landfill. It was simply in two different parcels, like your house and the house next door. All they want to do is pull the two parcels together. That is what this is about; it is not an expansion. If they vote no tonight, the landfill could go on for the next fifty years if they wish. They only have one point that is up to the height of Ordinance No It can go on forever if that is what it takes to the point of recycling. We do have recycling but we do not recycle garbage. To her knowledge that methodology does not currently exist. State law prohibits the city from prohibiting the use of plastic bags. It is a state law so they cannot do it. It is a good point and she would love to do it but they cannot do that. The reason they do not see landfills in Mesa is because those landfills are now covered by parks and retail areas. We are only 39 years old. Mesa is 139 years old. They have had the opportunity to cover their landfills and to build their parks, etc. We are babies when it comes to the age and the opportunities to do these things. She resents the comment to the point of being selfish. This council is thinking about the future of this city and what the kids and grandkids, etc., will have. The whole goal in whatever decision we make here, and this is not a done deal, we have not cornered ourselves somewhere and said we are all going to do this, we have not done that. But whatever we do, each and every one of us is looking at the future of this city, a future that some of them will not be alive to see more than likely. However, they have an obligation to do what we see as the very best for this community. The State Land person, when she came out, gave us absolutely no indication that there will be any development of our state land for a very long time. She was pretty clear about it in a very convoluted manner. That is something they also need to keep in mind. She commented it is really cool to be looking through it with developers eyes if money is all they are worried about. We are also worried about quality of life, with what is going to happen with health; we are worried about all those things. That is not economic development. It is a piece of it but it is not. She cannot look at her city strictly through the eyes of economic development. She has got to look at it through every lens she can find because that is the only way they are going to have a future in this community that is good for as many people as possible. That is their goal, for the most people possible. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 18 OF 31

25 Councilmember Rizzi commented when they went on the tour Chris was just so informative on answering questions. From her understanding, anyone that has questions that are unanswered and they would like a tour as the council had, they can call and get that. They can get those questions answered and they can take the tour. There are safety mechanisms in place for this seepage people are concerned about. Someone had mentioned prescriptions at the police department. The police department has a very successful prescription take back program. If they are not aware of that, maybe it is a good time to make people aware of it. They do it four days a week. Many police departments do it once a month. She heard something about flat tires. There are requirements to have the load covered. She knows because she goes there frequently. There is a requirement that the load be covered. If the load is not covered there is a fine. She has received phone calls from citizens with concerns. They are very concerned that the cost for trash removal is going to go up. The cost of fuel will go up. Desert dumping will be increased. As Vice Mayor Barker mentioned, there is a plan for a park. Anybody that is willing to contact Republic Services, go on the tour and get educated, do so. The view from the top is absolutely amazing. It is a 360 view. As far as development goes, she would like to see if they can pull up pictures of Mt. Trashmore Park. She wanted to show the public what the possibilities are. She asked if anyone knew where it is located. Mayor Insalaco commented it is in Norfolk, Virginia. It is a park built on top of a landfill. So far as it being an eyesore, this was planned for the future and future generations. Councilmember Wilson commented one of the things he is concerned about for future generations in protecting them is that right now there is no requirement for monitoring. If they say no or do not look at this or try to negotiate this, they do not have to monitor the groundwater because they are grandfathered in because of the original date when this landfill was established. He thinks more than anything else it is very important they look at that and the positives in this. He understands the Silver Bar Mine wants to have their opportunities. There are other trash companies in the area. They are all in competition with one REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 19 OF 31

26 another. Right Away Disposal has a transfer station in the county island and there will most likely be more of these transfer stations established within the city. He has to say yes to Silver Bar that there will be more opportunities for other companies to come in and do this. Right now there is only one that has the transfer station. They will have to have more but that will be after further discussions in the future. Councilmember Waldron commented on future economic development. A few years ago that land was auctioned off with the name of Portalis for $55 million. It is now Lost Dutchman Heights. Unfortunately the developer went broke. It had nothing to do with the landfill. The development opportunities are there. He would like to pursue with Arizona Department of Environmental Quality the language necessary to have monitoring wells. He thinks that is a legitimate concern. Councilmember Serdy commented he wants the city to grow and he agrees with many of the points Mr. House said. If we are going to keep our density low in the rest of the city the growth would have to go down there. He thinks the landfill would retard the growth. He does not want to see the city get left behind like a lot of the communities along Route 66 where they just got left behind when the freeway came in. He thinks Apache Junction is at risk of that happening at this end of the city unless we expand down there. Mayor Insalaco commented as far as the dust, we live in a desert. He lives in a development not close to the landfill but when the monsoons come and the wind blows that dust comes from everywhere. It even comes from the streets where the traffic is. That does not hold water to him. He moved here from a green area and is glad he is here. He is away from the water and the snow, but he had to put up with something. Wherever you go you have something you are going to have to live with. The landfill was here long before any of us were here. We have that burden now. For a long time it was not a problem but, like everyone has said, there is no closure date. It can go on for one hundred years if no one does something. They are trying to do something now. They are trying to get a closure date so they can get it done. He called REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 20 OF 31

27 for any further discussion. There being no further discussion he called for a motion. Councilmember Wilson asked if he could make a motion to go back and have a future date in November or December to renegotiate this agreement to include water monitoring and the planting of the vegetation. means the landscaping. if that is item number 17. Mayor Insalaco commented he Councilmember Waldron asked There was general discussion on which item they wanted to move on first. City Attorney Joel Stern stated it is kind of mixed. That is the problem. they both go together. Vice Mayor Barker asked if City Attorney Joel Stern stated it depends. If they are going to add the monitoring wells, his recommendation is to put that in both documents, in the zoning and the development agreement. It may take a while. He does not know how long. November or December, he is not sure that is enough time with Arizona Department of Environmental Quality. They might want to go a little longer. There is also the vegetation. They pretty much agree with the developer on that one. There is also the issue of the payment. There is language in here but it does not say, from what he has seen, that they have to pay us if they close early. He did not see that in there. He thinks they would like to work that out, too. He thinks they want more face time with the developer and staff. That could take some time. He would recommend, if it does not go back to the planning and zoning commission and the way to avoid that is to continue both items. do not table it, just continue it. Mayor Insalaco commented they REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 21 OF 31

28 City Attorney Joel Stern stated they do not table it because if they do that they would have to go back through the planning and zoning commission. They would continue it to a date certain and they could pick a date later this year or next year. They need a council meeting and he thinks they want another work session. They would also want a public hearing. They would want to set both of those dates. Councilmember Rizzi asked what they would do if they pick that date and there is some kind of issue with Arizona Department of Environmental Quality. they would continue it again. Vice Mayor Barker commented There was general discussion on future meeting dates. The consensus was the work session on November 14 and the regular meeting on December 6. Vice Mayor Barker MOVED THAT ORDINANCE NO BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. read the ordinance by title only. City Clerk Kathleen Connelly Vice Mayor Barker MOVED THAT WE CONTINUE ORDINANCE NO TO THE WORK SESSION OF NOVEMBER 14TH AND THE REGULAR SESSION OF DECEMBER 6TH AND DURING THE CONTINUATION WE WORK WITH BOTH THE LANDFILL FOLKS AND ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY TO WORK OUT AN AMENDMENT THAT INCLUDES WATER MONITORING AND ANY OTHER THINGS THAT WE TALKED ABOUT. She believed the landscaping was already in there. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 22 OF 31

29 requested she repeat the dates. City Attorney Joel Stern Vice Mayor Barker commented November 14th work session and December 6th regular session. THE MOTION. Councilmember Rizzi SECONDED City Attorney Joel Stern asked if it is for a public hearing. ADD FOR A PUBLIC HEARING. THE AMENDMENT. Vice Mayor Barker AMENDED TO Councilmember Rizzi SECONDED VOTE: Unanimous. The motion carried. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FIRST AMENDMENT TO THE AGREEMENT FOR OPERATION OF MUNICIPAL SOLID WASTE LANDFILL AND RELATED OFFSITE ROADWAY IMPROVEMENTS AGREEMENT: THAT THE AGREEMENT BE CONTINUED UNTIL THE NOVEMBER 14TH WORK SESSION AND THE DECEMBER 6TH REGULAR MEETING, AND, IN THE MEANTIME, THAT STAFF WORK WITH THE LANDFILL CORPORATION AND ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY ON GETTING WATER MONITORING EQUIPMENT AND SO FORTH ON THE PROPERTY. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. ten minute break at 9:15 p.m. Mayor Insalaco called for a REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 23 OF 31

30 meeting at 9:33 p.m. Mayor Insalaco reconvened the SECOND PUBLIC HEARING ON LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION ) ) City Clerk Kathleen Connelly briefed the council on the item. Public Information Officer Al Bravo briefed the council on the process of home rule option. public hearing on the item. Mayor Insalaco opened the Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council. She is a member of the library board, chair of the parks and recreation commission, chair of the planning and zoning commission and a volunteer for the police department. She has been involved with the city since 1998 and is aware of what it takes to run a city of our size for salaries, amenities, programs and police department. She appreciates the council calling attention to home rule and putting it on the ballot. She encouraged everyone to get out and vote for home rule. Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council to state do it. Ms. Joan Clair, board president of the Apache Junction Food Bank, addressed the council to comment on Arizona s home rule and the direct impact it has on the food bank. In 2012 they served 22,000 people; in 2015 they served 38,018 people. They are on track to serve over 40,000 this year. It takes a concerted effort between the staff, volunteers and partners to serve all those who come in for assistance. The city has been a long time partner and awards grants annually to purchase food, about 10% of what is given out. If home rule goes away the effect would be immediate and consequential. They also recently met with a developer and the city manager for a 55+ community where they wanted to develop a food pantry. The developer was developing the land REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 24 OF 31

31 because of the existing services and amenities in Apache Junction. If home rule goes away, it could discourage other developers to come to Apache Junction. She supported home rule being added to the ballot in August. Mayor Insalaco closed the public hearing with no one else wishing to speak. Mayor Insalaco called for a recess for the regular meeting in order to convene a special meeting at this time to consider Resolution No meeting. Mayor Insalaco reconvened the RESOLUTION NO , DECLARING THE 2016 AMENDMENTS TO LAND DEVELOPMENT CODE CHAPTER 10 ENGINEERING STANDARDS A PUBLIC RECORD/ORDINANCE NO. 1423, AMENDING BY REPEALING LAND DEVELOPMENT CODE CHAPTER 10 ENGINEERING STANDARDS AND ADOPTING THE 2016 AMENDMENTS TO LAND DEVELOPMENT CODE CHAPTER 10 ENGINEERING STANDARDS/RESOLUTION NO , DECLARING THE 2016 AMENDMENTS TO CHAPTER 13 PUBLIC WORKS A PUBLIC RECORD/ORDINANCE NO. 1424, AMENDING BY REPEALING CHAPTER 13 PUBLIC WORKS AND ADOPTING THE 2016 AMENDMENTS TO CHAPTER 13 PUBLIC WORKS/ORDINANCE NO. 1425, AMENDING BY REPEALING ARTICLE 4-6 PUBLIC WORKS FEE SCHEDULE AND ADOPTING NEW ARTICLE 4-6 PUBLIC WORKS FEE SCHEDULE ) ) City Engineer Emile Schmid briefed the council on the items. Mayor Insalaco opened the public hearings on the items. There being no one wishing to speak, he closed the public hearings and reopened the items to REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 25 OF 31

32 council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOUCMENT FILED WITH THE CITY CLERK ENTITLED 2016 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 10 ENGINEERING STANDARDS, BE APPROVED. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. next motion. Mayor Insalaco called for the Councilmember Waldron MOVED THAT ORDINANCE NO BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. Vice Mayor Barker SECONDED VOTE: Unanimous. The motion carried. read the ordinance by title only. City Clerk Kathleen Connelly Councilmember Waldron MOVED THAT ORDINANCE NO. 1423, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 26 OF 31

33 The motion carried. motion on Resolution No Mayor Insalaco called for a Vice Mayor Barker MOVED THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED 2016 AMENDMENTS TO THE APACHE JUCNTION CITY CODE, VOLUME I, CHAPTER 13 PUBLIC WORKS, AND ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. motion on Ordinance No Mayor Insalaco called for a Councilmember Waldron MOVED THAT ORDINANCE NO BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. read the ordinance by title only. City Clerk Kathleen Connelly Councilmember Waldron MOVED THAT ORDINANCE NO. 1424, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. THE MOTION. Councilmember Evans SECONDED REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 27 OF 31

34 VOTE: Unanimous. The motion carried. motion on Ordinance No Mayor Insalaco called for a Vice Mayor Barker MOVED THAT ORDINANCE NO BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. SECONDED THE MOTION. Councilmember Waldron VOTE: Unanimous. The motion carried. read the ordinance by title only. City Clerk Kathleen Connelly Vice Mayor Barker MOVED THAT ORDINANCE NO. 1425, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 28 OF 31

35 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 2, 2016, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, MAY 3, 2016, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC None. ADJOURNMENT ) ) Mayor Insalaco adjourned the meeting at 10:15 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of April 5, Consideration of award of contract to Southwest Slurry Seal for street maintenance work in various locations within the city in partial fulfillment of Fiscal Year s Street Maintenance Plan. The work would be through Pinal County cooperative contract EC for $580, including a ten percent contingency. 4. Consideration of proposed Resolution No , authorizing the city to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for Highway Safety Improvement Program Grant Money. The project location is on REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 29 OF 31

36 Southern Avenue from Ironwood Drive to Delaware Drive to include sidewalk, curb and gutter and pavement widening. 5. Consideration of proposed Resolution No , authorizing the city to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for Highway Safety Improvement Program Grant Money. The project location for this request is on Delaware Drive From Apache Trail to Superstition Boulevard to include drainage improvements, sidewalk and curb and gutter. 6. Consideration of proposed Resolution No , authorizing the City of Apache Junction Police Department to submit grant applications to the Governor s Office of Highway Safety. ACCEPTED THIS DAY OF, 2016, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the city council of the City of Apache Junction, Arizona, held on the 19th day of April, I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 30 OF 31

37 Dated this 3rd day of May, KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 31 OF 31

38 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 3. File ID: Sponsor: Kathy Connelly Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Consideration of approval of minutes of special meeting of April 19, Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

39 CITY COUNCIL SPECIAL MEETING APRIL 19, 2016 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on April 19, 2016, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER ROLL CALL Mayor Insalaco called the meeting to order at 9:50 p.m. Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham City Engineer Emile Schmid Development Services Director Larry Kirch Public Information Officer Al Bravo Senior Planner Rudy Esquivias RESOLUTION NO , EXTENSION OF LOCAL ALTERNATIVE EXPENDITURE LIMITATION HOME RULE OPTION ) SPECIAL MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 1 OF 3

40 a motion. ) Mayor Insalaco called for Councilmember Waldron MOVED THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION HOME RULE OPTION, BE APPROVED. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. ADJOURNMENT ) ) Mayor Insalaco adjourned the meeting at 9:52 p.m. ACCEPTED THIS DAY OF, 2016, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 2 OF 3

41 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of April, I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3rd day of May, KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL APRIL 19, 2016 PAGE 3 OF 3

42 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 4. File ID: Sponsor: Kathy Connelly Index: Local/State/Federal Statutory Requirement Agenda Date: 5/17/2016 In Control: City Council Meeting Consideration for approval of minutes of regular meeting of May 3, Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

43 CITY COUNCIL REGULAR MEETING May 3, 2016 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 3, 2016, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE ROLL CALL Vice Mayor Barker led the Pledge of Allegiance. Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham City Engineer Emile Schmid Development Services Director Larry Kirch Public Information Officer Al Bravo Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 1 OF 27

44 Grants Administrator Heather Patel Economic Development Administrator Janine Solley ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND DBA CONSTRUCTION FOR RECONSTRUCTION AND REPAVING OF SOUTHERN AVENUE FROM APACHE DRIVE TO WINCHESTER ROAD IN PARTIAL FULFILLMENT OF FISCAL YEAR STREET MAINTENANCE PLAN THROUGH THE PEORIA JOB ORDER CONTRACT #ACON43011C IN THE AMOUNT OF $783, PLUS TEN PERCENT FOR CONTINGENCY IN THE AMOUNT OF $78, FOR A TOTAL AMOUNT NOT TO EXCEED $861,815.05; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT; AND THAT APPROVAL BE GIVEN TO RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF A USED LAW ENFORCEMENT VEHICLE AND MISCELLANEOUS EQUIPMENT TO THE TOWN OF SUPERIOR. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating May 1-7, 2016 as Public Service Recognition Week and presented it Public Safety Director Tom Kelly. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker commented Councilmembers Wilson and Evans, the mayor and she participated in the water festival last week with about 350 kids where they went from station to station learning about water and playing games. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 2 OF 27

45 Councilmember Wilson commented it was his second time there and it was an opportunity to see the delightfulness of the kids learning how water moves in our world. Councilmember Evans thanked Chief Bourgeois and the district for hosing the children down after the festival. They look forward to that. Apache Junction is the only city where the fire department does that for the kids. Mayor Insalaco commented they even had a busload of kids from Sousa School in Mesa. Councilmember Serdy commented Little League has started and with there not being enough teams they combined with Kearny and Skyline. Last Saturday was their first time to go to Kearny and he believes everyone won. Mayor Insalaco commented he was thoroughly impressed with the knowledge the fourth graders had of water and conserving water at the water festival. CITY MANAGER S REPORT City Manager Bryant Powell commented he wanted to honor Gustavo McGrew, formerly of Horizon Health and Wellness. Mr. Gustavo McGrew thanked the city for the partnership with Horizon Health and Wellness and provided an update on his past work in the community related to outreach and wellness, as well as how he will continue this work in our community with Earth Day and other events. PUBLIC HEARINGS ORDINANCE NO. 1429, CASE PZ-4-16, FOR APPROVAL OF A MAJOR PLANNED DEVELOPMENT AMENDMENT FOR A GENERAL COMMERCIAL BY PLANNED DEVELOPMENT ZONED.41 ACRE PROPERTY LOCATED AT 351 N. IRONWOOD FOR AN EXPANDED PALETTE OF USES FOR FUTURE COMMERCIAL DEVELOPMENT ) REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 3 OF 27

46 ) Assistant Planner Stephanie Bubenheim briefed the council on the item. Vice Mayor Barker asked if the developer has any idea of what he wants to do with this property. Assistant Planner Stephanie Bubenheim stated there is not one specific business at the moment. He was working with staff to see what would be allowed on the proposed palette. He would work with the palette from there. Councilmember Evans commented when this property was purchased the recorded document, the affidavit of value, states that it is a residential rental property. It is only paying taxes as residential rental. The original allowed use of a bookstore was being changed from a residential rental to a very, very restricted commercial use which, whether it opened or not, is still paying only residential property tax, not commercial property tax. It is also surrounded by residential properties. The west side of Ironwood is all commercial. That sells for a higher price than what this property sold for. There will be new residential right next door to this. It is higher density than what is currently there. They have done this in the past and it backfired on the surrounding property owners. They changed it for a very light commercial property to a higher intensity use down the line. It does nothing but destroy the property values for the surrounding properties. If one lives in a neighborhood, one wants to live in a neighborhood. One does not want to live in a commercial zone. Even though this is still an extremely limited commercial use, she does not want any changes to what is already there. It is a pre-1972 old mobile home that now is to be made into a commercial building. She just thinks it is wrong. She cannot go along with this. Vice Mayor Barker asked her to clarify some of that. She asked if she was inferring that the pre-hud mobile home would be the building. it is the only building on there. Councilmember Evans commented REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 4 OF 27

47 they are then going to use that. Vice Mayor Barker commented Councilmember Evans commented that is correct. The pre-hud simply means it was not built to uniform code. Vice Mayor Barker commented that is why they had to upgrade the rest of them. Assistant Planner Stephanie Bubenheim stated the city cannot do too much about what the taxes are as those are Pinal County. It cannot do anything about the zoning as it is zoned general commercial. She is not sure how that plays into the taxes. If it does not go through this amendment it will stay the B-1/PD zoning. what the usage there is. Councilmember Evans asked Assistant Planner Stephanie Bubenheim stated the ordinance is very specific to just the bookstore. It will be hard to change it unless it goes through a completely and entirely new rezoning which is a different process. Vice Mayor Barker commented she has two columns here. One is the B-1 General Commercial and the next column is Low Intensity Uses. She asked if the Low Intensity Uses are the uses that are being recommended for this. Assistant Planner Stephanie Bubenheim stated that is correct. The first column is the current B-1 general commercial in zoning code and the right column is the one. Vice Mayor Barker commented at this point under the current zoning he could have a vehicle repair shop there. Assistant Planner Stephanie Bubenheim stated if it was just B-1 it could have all of those. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 5 OF 27

48 is B-1. Bubenheim stated it is B-1/PD. Vice Mayor Barker asked if it Assistant Planner Stephanie Vice Mayor Barker commented they could have a planned development that included a vehicle service yard. Assistant Planner Stephanie Bubenheim stated they could but since they have been working with this palette of uses we have said no to all of those uses. Vice Mayor Barker commented she understands that. She is just trying to point out what they could do now as compared to what we are looking at for possible changes. Now they could have a planned development that included a vehicle sales and repair, but if this were passed they could not. She asked if she was reading it correctly. Assistant Planner Stephanie Bubenheim stated that is correct. What they have now is a bookstore. If this amendment is approved it would be based off the palette of uses. If they wanted to do a used vehicle they cannot at all. Vice Mayor Barker commented she is confused. She is looking at one column where it says yes and she is saying no. Assistant Planner Stephanie Bubenheim stated the right column is just B-1, general uses in the zoning code. Vice Mayor Barker commented that is correct. And she is saying the other B-1 Planned Development. Right now it says it is a bookstore but if their B-1 Planned Development wanted to go to something else they could go to one of these other things. Assistant Planner Stephanie Bubenheim stated they would not be able to. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 6 OF 27

49 Vice Mayor Barker commented she wished she had not put two columns there as she was totally confused. Assistant Planner Stephanie Bubenheim stated they were trying to separate them to show what the B-1 commercial uses allow and then what we were proposing in a more restrictive list. From there every business has to apply for a business license and the city looks into what the zoning is. If the owner came in and wanted to do a used vehicle sales we would see that there is a planned development on this zoning. We would then see what the planned development ordinance prefers and then we would tell them if it is allowed or not allowed. Councilmember Wilson asked what they would have to do if right now it is only approved for a bookstore but they came back in and said they wanted to do a new vehicle and repair shop, which is currently authorized in the PD-1. Assistant Planner Stephanie Bubenheim stated if they came in now for a vehicle repair shop they would not allow it. With the new amendment they still would not allow it. It would be a no. Councilmember Rizzi asked what process was used to notify the neighbors and give them the opportunity to come out and speak for or against it. Assistant Planner Stephanie Bubenheim stated for every amendment or rezoning process they have to notify the neighbors or property owners that are within 300 feet surrounding the property. They were notified 15 days prior to the first public hearing about the rezoning. They were given the information that they can contact the city and come in and look at the case. Some people did call the city and came in to look at the case as they wanted to know what was going on and how it was going to be. They have to do a neighborhood meeting or letter. Councilmember Rizzi commented all of those things were done. She asked how many people came to speak against it. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 7 OF 27

50 Assistant Planner Stephanie Bubenheim stated the meeting took place on April 6 and one person came to the meeting. that person s comment was. Vice Mayor Barker asked what Assistant Planner Stephanie Bubenheim stated they also wanted to see what the palette of uses was. Vice Mayor Barker commented they were interested in what it could be but were not necessarily opposed to it. Councilmember Serdy commented it is going mostly yeses to noes. This is one where he was talking about getting more favorable zoning. This landlord did have a classic car and they wanted to put a few in there. As of now he cannot. He asked if he still would not be able to after this. Development Services Director Larry Kirch stated the column that says B-1 is what anyone zoned B-1 can do. For the first column it say yes. In a straight B-1 without a planned development they can have the used car sales. They went through the entire list of allowable uses in just a straight B-1 and staff determined that based on the lot size and neighborhood there should not be new vehicle sales. So the next column is no. Those are the staff recommended allowable uses in the right column. The other column is if it is just pure B-1 that is what they can do. The laundry list tells you want you can and cannot do under the proposal. Assistant City Manager Matt Busby stated to clarify it further, the current zoning on the property is not straight B-1. It is a B-1 planned development that limits it only to a bookstore. Development Services Director Larry Kirch stated he thinks it was to allow a homeowner to have a home occupation. The homeowner would live there and have a bookstore. He never used it but he got the rezoning. They can REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 8 OF 27

51 question the original zoning as a B-1/PD and they can question this one, too. It was really a home occupation way for the original owner to have the bookstore in their home, but it never ended up being a bookstore. Vice Mayor Barker asked if this will still be something in their home. Development Services Director Larry Kirch stated it will not. It is not residential anymore. This would allow nonresidential uses. This is not an adjunct use. Vice Mayor Barker commented this person cannot live in this mobile home. Development Services Director Larry Kirch stated he cannot. It actually did get converted for a while to another use. That is why they kept proposing he could not use this for anything other than a bookstore. If he wanted to use it for something else he would have to proceed with a rezoning. City Clerk Kathleen Connelly stated she wanted to clarify something on the property taxes. While the city cannot directly impact whether something is taxed at a residential or commercial rate, her department does work on an ongoing basis with the Pinal County Assessor s Office to correct things such as this, where it is taxed at a residential rate but is actually commercial use. applicant address the council. Mayor Insalaco requested the Mr. Steve Bocker, 8215 E. Canyon Estates, Gold Canyon, stated he and his wife purchased the property in 2012 with the understanding of the B-1/PD against the property. They researched it, talked to city staff, talked to an architect and thought it was a viable property for investment. It was a vacant building falling apart. Councilmember Evans has decided this is a mobile home. It is a stick-built on a foundation slab home constructed out of lumber. It has no metal frame. It is to code. He called the city REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 9 OF 27

52 before they purchased it and asked what the CO requirement would be. They told them what it would be and they complied. There was never an issue there. They purchased the property with the intent to renovate it, bring it up to speed and rent it out. It was a good investment and the price was right. They did have a tenant for over two years. A commercial entity called Nask Arizona had come from Prescott and loved the building. They got a city license and did everything the city required. They then called him and told him if he did not do the improvements under the C-1/PD which included an ADA bathroom and inspection, walls and landscaping, they were not going to allow the tenant to take ownership of the property and use the property for commercial purposes. He complied with all the requirements: the site plan, the architectural review, the walls, the construction, the ADA bathroom and the final inspection by the city. The city knows it is viable for commercial use. They are now coming back with some additional uses that are low intensity and have been worked out with the staff over a long period of time. He is asking the council to look at this favorably as an addition to the neighborhood, as a way of investment and to provide community services. The planning commission went through the same series of questions and approved it unanimously. He asked them to look at all the obstacles he has had to work out for this investment. Staff has been great and they have come to a consensus. It is not something big to ask and they are not ruining any values to any of the properties on Ironwood. Actually they have raised the values. Hopefully they will find a better neighborhood, better buyers, and people who will want to come here because of the nature of the building and neighborhood being improved. The entire corridor has been pulled up by new investment. He stated they are making it better, bringing services to the community and paying their taxes, including sales taxes. Councilmember Evans commented she would be happy to share with him that the tax records show it is a 72 mobile home. It may not be there now, but it is one of the tax issues that the state has. It will always be taxed as a mobile home. facts are it is not a mobile home. Mr. Steve Bocker stated the REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 10 OF 27

53 that is what is on the record. Councilmember Evans commented Mr. Steve Bocker stated they can change the record. They can ask for an amendment to change the record if that will satisfy the city. He is not averse to that. Councilmember Evans commented she understands what he is saying. He is saying that he had improved this building and he wants more commercial businesses to come into this community, but not at the price of our residential communities that do not have homeowners associations or any protection because any time we do allow commercial buildings to operate in a residential neighborhood people do not want to buy there because they look at that and think it is all going to be commercial. She understands that is where his investment is and she understands how he is trying to improve it. But the city has other commercial properties that are for sale. Everything on the west side of Ironwood is commercial, but not on the east side. Mr. Steve Bocker stated he appreciated her opinion and comments but hopes the rest of the council will take into consideration the argument he made and see to follow the planning commission s recommendation. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. Councilmember Rizzi SECONDED VOTE: Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 11 OF 27

54 read the ordinance by title only. City Clerk Kathleen Connelly Vice Mayor Barker commented she has to respectfully disagree with her colleague. She MOVED THAT ORDINANCE NO. 1429, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. THE MOTION. Councilmember Wilson SECONDED VOTE: 6-1 (Councilmember Evans voted in opposition.) The motion carried. ORDINANCE NO. 1430, CASE PZ-5-16, FOR APPROVAL OF A MAJOR PLANNED DEVELOPMENT AMENDMENT REZONING A 1.01 ACRE PROPERTY LOCATED AT 512 AND 516 S. VALLEY FROM MEDIUM DENSITY DETACHED SINGLE FAMILY RESIDENCE, CONVENTIONAL OR MANUFACTURED HOME PERMITTED TO HIGH DENSITY MULTIPLE FAMILY RESIDENCE ZONE BY PLANNED DEVELOPMENT ) ) Assistant Planner Stephanie Bubenheim briefed the council on the item. Councilmember Waldron asked if the RV parking would have to be condition number nine. Assistant Planner Stephanie Bubenheim stated that is correct. If they want to add that it will be condition number nine. Vice Mayor Barker commented if they were still talking about the landfill here, the combining of these two parcels would be considered an expansion by some. Councilmember Evans asked if because of the question of the RV next door, even though the REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 12 OF 27

55 laundry area is going to be in the back, for additional units it would be to the right. Assistant Planner Stephanie Bubenheim stated it would be to the left. Councilmember Evans commented additional units would be allowed to the left. Assistant Planner Stephanie Bubenheim stated the applicants are not asking for additional units. but that is part of this. Councilmember Evans commented Assistant Planner Stephanie Bubenheim stated it is not part of it at all. It is just for the carports, laundry facility and storage units. Councilmember Evans commented it is conventional and mobile homes. They are not planning on adding anything. Assistant Planner Stephanie Bubenheim stated they are not. Just the building for the carports and laundry. Mayor Insalaco requested the applicant address the council. The applicant spoke from the audience advising he did not wish to come forward. Mayor Insalaco asked if he had any problems and he did not. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. THE MOTION. Councilmember Rizzi SECONDED REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 13 OF 27

56 VOTE: Unanimous. The motion carried. read the ordinance by title only. City Clerk Kathleen Connelly Councilmember Waldron MOVED THAT ORDINANCE NO. 1430, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT: THAT CONDITION NUMBER 9 BE ADDED, THERE BE NO RV PARKING OR STORAGE ON THE LOT. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. RESOLUTION NO , AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2016 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2016 STATE SPECIAL PROJECT GRANT APPLICATIONS/ RESOLUTION NO , ESTABLISHING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN ) ) Grants Administrator Heather Patel briefed the council on the item. public hearing on the item. Mayor Insalaco opened the Mr. Steve Bocker, 351 N. Ironwood, Apache Junction, addressed the council to say that some of the projects Heather spoke about, especially the infill single lot demo rebuild, he believes is one of the nicest things they could do for the residents, to provide them decent, livable quarters. Some of the houses out there are substandard and developers cannot bear the costs. If the city has funding and they can partner with the right developer, Habitat for Humanity or other nonprofits that might be interested in development it would be a fantastic way to introduce new infill properties. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 14 OF 27

57 Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Evans asked what the engineering costs are for the sidewalks. Public Works Director Giao Pham stated typically the sidewalks are linear feet usually at 4 to 5 crosswise. It depends on the quantity of it. Councilmember Evans asked what the cost was for the engineering design of the sidewalks. Public Works Director Giao Pham stated usually on engineering plans it is 10% of the construction costs. If they put $100,000 in sidewalks in, the cost would be 10% of that. Those are the usual costs of designs. When Heather was going through the presentation, based on all the options out there, the Grand/Ocotillo/Main neighborhood would be the most viable as the design is already done. The roadway was built according to engineering plans so the sidewalks move quicker rather than the other neighborhoods as they would have to redo the design. Mayor Insalaco asked what kind of curb is the most economical one to use. Public Works Director Giao Pham stated most of the time, in those neighborhoods because they are local streets, they used 4 rolled curbs. They can vary in size. Sometimes they have detached sidewalks or with the rolled curb itself. Until they do the design they will not know what they will encounter as far as obstacles and objects to relocate. is easier to do. Pham stated that is correct. Mayor Insalaco commented that Public Works Director Giao REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 15 OF 27

58 rolled curb is easier to do. Pham stated that is correct. Mayor Insalaco commented the Public Works Director Giao Councilmember Rizzi asked if there are still flooding issues on the road improvements on Grand. Public Works Director Giao Pham stated the flooding issues were taken care of in the Grand/Ocotillo/Main area. They raised the profile of the roadway so that the flooding is not happening on the street. It has been redirected north/south now. They are redirecting it from Grand/Ocotillo/Main to Broadway. That is why they made the Delaware improvement. That is how it ties in. Councilmember Rizzi commented she used to be a bus driver on that street and she literally used to bus children over the Grand Canyon puddle. There were no sidewalks and they would huddle on that sand and try to get across to where their bus stop was. They would shuttle them over there. It would be a great area for sidewalks. Public Works Director Giao Pham stated the picture that Heather showed was an event that happened four or five years ago. Since then, when it rains, they have gone out and checked and found some ponding but not that large lake you see there in the picture. there is very little. that is great. Patel continued with her briefing. Mayor Insalaco commented Councilmember Rizzi commented Grants Administrator Heather Councilmember Waldron asked if they need to identify the projects in Resolution No REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 16 OF 27

59 Grants Administrator Heather Patel stated they do. If they could identify the projects she will move forward with the applications. Councilmember Waldron asked if they do both motions at the same time. City Attorney Joel Stern stated they are separate votes and motions. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION(S) FOR FY 2016 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ( CDBG ), FY 2016 STATE SPECIAL PROJECT (SSP) FUNDS, AND CERTIFYING THAT THE APPLICATION(S) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION(S), THE PROJECT BEING THE LAND PURCHASE AND DEMOLITION FOR THE CDBG, AND THE GRANDVIEW SIDEWALKS FOR THE SSP, BE APPROVED. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. Councilmember Waldron MOVED THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR FY , AS REQUIRED UNDER SECTION 104(d) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, (42 U.S.C ET SEQ.) AS AMENDED, BE APPROVED. THE MOTION. Councilmember Rizzi SECONDED REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 17 OF 27

60 VOTE: Unanimous. The motion carried. RESOLUTION NO , TO ACCEPT THE APACHE JUNCTION TRAIL CONNECTIVITY, DOWNTOWN VISIONING AND STATE LAND VISIONING: CONNECTING PAST, PRESENT AND FUTURE VISIONING AND PLANNING STUDY ) ) Development Services Director Larry Kirch briefed the council on the item. He introduced the Arizona State University graduate program student who would be making the presentation on the project. presentation on the project. Ms. Bailey DuBois gave the Councilmember Rizzi commented this was an impressive report and it was really interesting to engage at the meetings and hear the input from them. She really appreciated it. Councilmember Wilson commented he wanted to compliment them on the study. It is very thorough and they have done a lot of research in the aspects of getting some of this information and putting it together. He did have a couple of questions. On page 2-15 where they are talking about equestrian trails and fortunately he has horses. They were talking about traction or slippage resistance on it. It says asphalt with chip seal is fair and rough textured concrete is good. He does not know where this chart came from because if you mix steel shoes on top of concrete or pavement, you are creating a possible hazard. That one, wherever it came from, and it appears to be the highway association, it is great for someone walking or driving but not for mixing the two at all. He looked at the proposal to make a scenic walkway and he now understands what she was talking about. It is just a little bit further towards the end in an old Pinal County park area. is Bureau of Land Management Land. Ms. Bailey DuBois stated it REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 18 OF 27

61 Councilmember Wilson commented it has future possibilities for what is there. The trailhead they have a little further up may be better being brought down into that area. Ms. Bailey DuBois asked if he was talking about the trailhead at the Multi-Gen Center. Councilmember Wilson commented that is correct. On page 3-8 he needs an explanation as they are talking about fences around establishments with a restaurant or business and everything. He asked what the idea was. He asked if they were talking about not having fences if they have a series of stores with a frontage up front. Ms. Morgan Klass stated they were mostly talking about fencing in regards to around parking structures or if the building was setback to have perhaps a patio area or something like that. They did not envision fencing being for establishments that had zero setbacks. Councilmember Wilson asked if they knew the city has a restaurant in town that has a tall fence around the open patio. They are doing that for security. He asked if that would not be allowed. Ms. Bailey DuBois stated in what they have proposed it would not. They did not see tall fences as being a way to activate a space or facilitate interaction. Again, these are just guidelines and standards to be proposed, not to be interpreted as a code enforcement-type where someone would be in violation of our proposal. Although in this section it says fencing standards they are not code. Councilmember Wilson commented the big question on it is they have some that have done it mainly for security, especially if alcohol is served. There have to be controls; they cannot have it as wide open. It would present a problem if it was wide open. He wanted to thank them. The honest truth is his wife lost him for three nights because it took that long for him to go through it. He did have a series of questions but they answered most of them. He appreciated it. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 19 OF 27

62 Vice Mayor Barker commented there is a place that serves alcohol and has an outdoor patio that just has a low wall around it on Superstition. It is pretty nice. is the Red Dog. Mayor Insalaco commented that Vice Mayor Barker commented it is the Red Dog Saloon. She thought she would throw that out there. She thanked them for their creativity and putting a young person s point of view out there because she thinks sometimes we get stuck in our own little world. It was amazing to go through it. She did not read it word for word but she came to most of the public meetings so she feels she had a lot of it. The only thing she saw in here where she thought when the time comes they look at putting some of these possibilities into practice is with the PUD area south of the freeway. It is really not located in the best place when you have a landfill right there. They have high density residential butted right up against the landfill. Especially since the plan is, hopefully at some point, to make the landfill into a park. It could almost be turned around. They would still have the flood plain protected but they would just push the high density around. She really likes what they have done, though. It is incredible. PUD is meant to be a sliding rule. Mr. Bryan Smith stated the Vice Mayor Barker commented that is what she did. She just slid it right around. Mr. Bryan Smith stated it is meant to be flexible in terms of allocation of densities. Vice Mayor Barker commented all of it is. She just thinks they put so much thought into this. She is absolutely amazed. Councilmember Wilson commented one of the things the vice mayor said is that the landfill is supposed to be a future park. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 20 OF 27

63 Vice Mayor Barker commented they can just flip that around and it has the low density right up by it. Councilmember Wilson commented they could just move it a little further over. Vice Mayor Barker commented that is right. They have given them great ideas for the future. Now they are looking at that area with new eyes. Mr. Bryan Smith stated the concept was that people living in a high density area would appreciate living immediately next to the park. Vice Mayor Barker commented access to the park. Absolutely. They are good. Councilmember Waldron commented on page 4-11, Table 4-6 talks about propose and develop 0.4 FAR. He does not know what FAR is. Mr. Bryan Smith stated it is floor area ratio. It is the ratio of the total square footage of the building to the lot size. Vice Mayor Barker commented she thinks that needs clarification. Councilmember Waldron commented he got it. The other one is on page 4-17 it talks about as resources are provided for future research into LID. Applications are at the end of the report. He asked what that is. LID has a different meaning depending on what college you attended. Mr. Bryan Smith stated it is low impact development. Page 4-28 has the resources provided on the bottom left hand side. Councilmember Waldron commented this is a very intensive report. It has some great ideas. He wishes they had about $800 million to throw at this. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 21 OF 27

64 Vice Mayor Barker commented she thinks it would take a lot more than that, but it would be a start. Councilmember Evans commented she is good. They have said it all. Councilmember Serdy commented he wished they could do it. He hopes the citizens watching realize a lot of this will not happen, but bits and pieces of it could. It would have cost us a lot if he had had to pay for it. He greatly appreciates what Arizona State University has done. City Manager Bryant Powell thanked Arizona State University, Dr. Kim, the group and graduate students from planning and urban planning. He greatly appreciated their time, energy and effort for our community. Now begins the process of thinking about how it can be done. We need that and we greatly appreciate it. He appreciated staff working in coordination with them. We have this now as a reference. He appreciated Larry Kirch, Giao, Janine and Liz Langenbach who have been part of the team as well as many others. They will keep this, Matt and he, for the department directors to help guide us. Vice Mayor Barker commented it will not gather dust on a shelf. Mayor Insalaco commented he only wished the people watching on television could really see how much work the students put into this. This is no easy, overnight thing. It took a lot of time and effort and he is sure a lot of sleepless nights. They all appreciate them very much for doing this. Ms. Bailey DuBois stated they wanted to thank them, too. It was a huge learning experience for them. This is their final project as many of them are graduating, except Morgan, who should not be here. They really valued this experience. The city, staff and all of them have been so welcoming and engaged and it has made all the difference. She thanked them for their enthusiasm. There are a couple of sections throughout this report about implementation, REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 22 OF 27

65 grant research and funding and they hope that will be of use to them. public hearing on the item. Mayor Insalaco opened the Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council. He stated he went to several of the meetings and he is not interested in the future they have sliced up for them. He does not believe they will get anything. We will be a district of Mesa. Dr. Joochul Kim, faculty at Arizona State University, addressed the council. He stated it is a fantasy in a way but it is reality fantasy. If the residents and the council can get together and see what they have done, they can pinpoint what they want to do and can do. If they do something with a commitment and conviction, things can happen. He hopes that Apache Junction can realize it and make things happen. Mayor Insalaco commented people do not understand that Apache Junction was not a city until It was a spot in the road. He really despises the remark that was made as this city has come a long way for the youngest city, outside of Tusayan, in Arizona. We had a lot of problems to overcome and day by day we are overcoming them. He thanked him for his help. Dr. Joochul Kim thanked them for giving them the opportunity. His students have done a remarkable job. He will send them a final bill. rubber check he will receive. Mayor Insalaco commented and a Councilmember Wilson commented he was going to say the check will be on a piece of rubber. City Manager Bryant Powell stated for the record this did not cost the city anything as it was part of a student project. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 23 OF 27

66 Vice Mayor Barker commented she thinks all his students should get As. As a former teacher, she truly believes this project is A worthy. She would also like to address that former comment. We have a piece of land across from the focal point that was a fantasy no more than 18 months ago. It is now being developed into a park because we envisioned it, much like this book has, and we worked on it, and we have now got the land, it did not cost the city a cent, and we are working on putting that park in. Fantasies can become realities if we work at it, but if we just put it down as a fantasy, then nobody will work at it. Everybody will just go around and say we cannot do that and we cannot do this. She believes we can do it and she believes we all have to work together to do it. discussion. Mayor Insalaco called for any more Councilmember Rizzi commented she refuses to lose the hope, too. This is just really great. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING FOR CONSIDERATION FOR FUTURE PLANNING PURPOSES THE APACHE JUNCTION TRAIL CONNECTIVITY, DOWNTOWN VISIONING AND STATE LAND VISIONING; CONNECTING PAST, PRESENT AND FUTURE CONCEPTUAL PLAN, PREPARED BY THE ARIZONA STATE UNIVERSITY, MASTER IN URBAN AND ENVIRONMENTAL PLANNING, CAPSTONE PROJECT GROUP, BE APPROVED. MOTION. Councilmember Rizzi SECONDED THE VOTE: Unanimous. The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 24 OF 27

67 NEW BUSINESS None. DIRECTION TO STAFF FISCAL YEAR HUMAN SERVICES FUNDING RECOMMENDATIONS ) ) City Clerk Kathleen Connelly briefed the council on the item. motion. Mayor Insalaco called for a Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FISCAL YEAR HUMAN SERVICES FUNDING RECOMMENDATIONS: THAT THE CONTRACTS FOR THE AMOUNTS RECOMMENDED BY THE HUMAN SERVICES COMMISSION BE PLACED ON THE MAY 17 CONSENT AGENDA. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 16, 2016, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, MAY 17, 2016, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 25 OF 27

68 CALL TO THE PUBLIC Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding questions and answers and what would make him vote yes on home rule, the city making dead zones for years to get grant money and domestic terrorism. ADJOURNMENT ) ) Mayor Insalaco adjourned the meeting at 8:55 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of award of contract to DBA Construction for the reconstruction and repaving of Southern Avenue from Apache Drive to Winchester Road in partial fulfillment of the fiscal year Street Maintenance Plan. 3. Consideration of proposed Resolution No , allowing the city to enter into an intergovernmental agreement with the Town of Superior for the transfer of law enforcement fleet vehicles and miscellaneous equipment ACCEPTED THIS DAY OF, 2016, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 26 OF 27

69 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the city council of the City of Apache Junction, Arizona, held on the 3rd day of May, I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of May, KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 3, 2016 PAGE 27 OF 27

70 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 5. File ID: Sponsor: John Insalaco Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Consideration of the First Amendment to Employment Agreement with Presiding Magistrate James Hazel. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

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82 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 6. File ID: Sponsor: Kathy Connelly Index: Local/State/Federal Statutory Requirement Agenda Date: 5/17/2016 In Control: City Council Meeting Consideration of health and human services contracts for Fiscal Year On May 3, council approved the recommendations of the health and human services commission for Fiscal Year Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

83 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND BOYS & GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of, 2016 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ( City ), and BOYS & GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, a health and human services provider ( Services Provider ), for the City s human services program, collectively referred to as the Parties or individually as a Party. RECITALS A. Pursuant to Apache Junction City Code, ( A.J.C.C. ) Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ( the Commission ) has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year C. The Commission has submitted its recommendations to the City Council. D. On June 15, 2015, the City Council passed and adopted the Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide the Project Learn program to city residents as a means of

84 educational enhancement. B. Provide such programs and activities to only residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver s license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification, obtain approval in advance by the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year to City on or before January 31, E. File with City all documentation for the previous quarter no later than ten (10) city working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. City funded services to individuals shall be identified with complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended. Post office box addresses shall not meet the reporting requirements of this section. Advise City in its report of the identification utilized (driver s license, utility bill, etc.); submit to City typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide city clerk with written notification of any changes in the primary or secondary person(s) within five (5) city working days following such change. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, or other electronic means shall not be accepted. The City Clerk will 2

85 prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File the quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5) city working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Service Provider s failure to meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time shall result in the termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $20,000 for Fiscal Year for services identified in Section 1, Services Provider s Duties. B. Compensation shall be in equal quarterly payments of $5, per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this 3

86 agreement. C. Early release of program funding may be requested on a quarter-toquarter basis. Any such request shall be submitted in writing, on Services Provider s letterhead, and signed by both the local agency director and the president or vice president of the Services Provider s Board of Directors. Early release of funding shall be at the discretion of City and subject to Services Provider s compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year human services funding be unable to meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2015 through June 30, 2016, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return 4

87 receipt requested, addressed to the following personnel: If to City: Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ If to Services Provider: Boys & Girls Club of the East Valley Apache Junction Branch 2602 W. Baseline, Suite 25 Mesa, AZ TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Providers shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall, within ten (10) days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider s labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. FORCE MAJEURE: Neither City nor Services Provider, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an Enforced Delay ) due to causes beyond its 5

88 control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockage, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, employees, or any tier of the Services Provider s subcontractors in the performance of this Agreement. Services Provider s duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms 6

89 or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider s performance of the services retain Services Provider s status as independent contractor. Services Provider s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes doing business in the City of Apache Junction and Services Provider agrees to obtain an operating license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business operating and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business or operating license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk s Office. 7

90 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer 8

91 shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S , Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E- Verify requirements contained in A.R.S (A). City retains the legal right to inspect the papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. 9

92 SERVICES PROVIDER: EAST VALLEY BOYS & GIRLS CLUB - APACHE JUNCTION BRANCH By: Title: Chairperson/President By: Title: Local Board President By: Title: Local Branch Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10

93 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of, 2016, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ( City ) and COMMUNITY ALLIANCE AGAINST FAMILY ABUSE, a health and human services provider ( Services Provider ) for the City s human services program, collectively referred to as the Parties or individually as a Party. RECITALS A. Pursuant to Apache Junction City Code ( A.J.C.C. ), Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ( the Commission ) has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year C. The Commission has submitted its recommendations to the City Council. D. On June 15, 2015, the City Council passed and adopted the Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section I (3), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide intervention services in the amount of $20,000 for individuals and families affected by domestic abuse to include empowerment sessions, legal advocacy services and general

94 advocacy services. B. Assistance shall be provided to residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver s license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction. Use or acceptance of any other form of identification must be approved in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable City Ordinances; submit contract proposal for Fiscal Year to City on or before January 31, E. File with the City all documentation for the previous quarter with City no later than ten (10) city working days following the end of the quarter. City offices are open Monday through Thursday 7:00 am. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section; advise City in its report of the identification utilized (driver s license, utility bill, etc.); submit typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide city clerk with written notification of any changes in the primary or secondary person(s) within five (5) city working days following such change. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, or other electronic means shall not be accepted. The City Clerk will 2

95 prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5) city working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider s failure to fully meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $20,000 for Fiscal Year for services identified in Section 1, Services Provider s Duties. B. Compensation shall be in equal quarterly payments of $5, per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this 3

96 agreement. C. Early release of program funding may be requested on a quarter-toquarter basis. Any such request shall be submitted in writing, on Services Provider s letterhead, and signed by both the local agency director and the president or vice president of the Services Provider s Board of Directors. Early release of funding shall be at the discretion of City and subject to Services Provider s compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year funding be unable to meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, retained in the general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2015 through June 30, 2016, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: 4

97 If to City: If to Services Provider Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ Community Alliance Against Family Abuse P.O. Box 3778 Apache Junction, AZ TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall, within ten (10) calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider s labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12. FORCE MAJEURE: Neither City nor Services Provider, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an Enforced Delay ) due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, 5

98 quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockage, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, employees, or any tier of the Services Provider s subcontractors in the performance of this Agreement. Services Provider s duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights 6

99 or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider s performance of the services retain Services Provider s status as independent contractor. Service Provider s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes doing business in the City of Apache Junction and Services Provider agrees to obtain an operating license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business operating and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business or operating license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk s Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon 7

100 the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services 8

101 Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S , Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E- Verify requirements contained in A.R.S (A). City retains the legal right to inspect the papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. 9

102 SERVICES PROVIDER: COMMUNITY ALLIANCE AGAINST FAMILY ABUSE By: Title: Chairperson/Board President By: Title: Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10

103 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION REACH OUT, INC. FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of, 2015, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ( City ) and APACHE JUNCTION REACH OUT, INC. (dba Apache Junction Food Bank), a health and human services provider ( Services Provider ) for the City s human services program, collectively referred to as the Parties or individually as a Party. RECITALS A. Pursuant to Apache Junction City Code ( A.J.C.C. ), Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ( the Commission ) has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year C. The Commission has submitted its recommendations to the City Council. D. On June 15, 2015 the City Council passed and adopted the Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide for the emergency needs of City of Apache Junction 1

104 residents through the provision of emergency food. B. Provide emergency food assistance to residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver s license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year to City on or before January 31, E. File with the City all documentation for the previous quarter with City no later than ten (10) city working days following the end of the quarter. City offices are open Monday through Thursday 7:00 am. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section; advise City in its report of the identification utilized (driver s license, utility bill, etc.); submit typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide city clerk with written notification of any changes in the primary or secondary person(s) within five (5) city working days following such change. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, or other electronic means shall not be accepted. The City Clerk will 2

105 prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5) city working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider s failure to fully meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $32,000 for Fiscal Year for services identified in Section 1, Services Provider s Duties for those services provided under Section 1, Subsection A; and for utility costs directly related to the operation of the Apache Junction Reach Out Inc. facility located at 575 N. Idaho Road #701, Apache Junction, Arizona. B. Compensation shall be in equal quarterly payments of $8,

106 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-toquarter basis. Any such request shall be submitted in writing, on Services Provider s letterhead, and signed by both the local agency director and the president or vice president of the Services Provider s Board of Directors. Early release of funding shall be at the discretion of the City and subject to Services Provider s compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year funding be unable to meet the requirements of A.J.C.C. Article 2-14 or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2015 through June 30, 2016, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions 4

107 Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: If to Services Provider Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ Apache Junction Reach Out, Inc. Joan Clair, Board President 575 North Idaho Road, #701 Apache Junction, AZ TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall, within ten (10) calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider s labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with 5

108 only this particular consultant. 12. FORCE MAJEURE: Neither City nor Services Provider, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an Enforced Delay ) due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockage, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, employees, or any tier of the Services Provider s subcontractors in the performance of this Agreement. Services Provider s duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider s 6

109 subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider s performance of the services retain Services Provider s status as independent contractor. Service Provider s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes doing business in the City of Apache Junction and Services Provider agrees to obtain an operating license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same 7

110 business operating and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business or operating license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk s Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from 8

111 engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S , Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E- Verify requirements contained in A.R.S (A). City retains the legal right to inspect the papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable 9

112 notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: APACHE JUNCTION REACH OUT, INC. (dba Apache Junction Food Bank) By: Title: Board President CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10

113 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of, 2016, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ( City ) and EAST VALLEY ADULT RESOURCES, a health and human services provider ( Services Provider ) for the City s human services program, collectively referred to as the Parties or individually as a Party. RECITALS A. Pursuant to Apache Junction City Code ( A.J.C.C. ), Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ( the Commission ) has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year C. The Commission has submitted its recommendations to the City Council. D. On June 15, 2015, the City Council passed and adopted the Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on the services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide services for City of Apache Junction senior citizen residents to include congregate meals at the Apache Junction 1

114 Senior Center and home-delivered meals for those senior citizen residents confined at home or who are physically disabled. B. Provide congregate or home-delivered meals to senior citizen residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver s license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year to City on or before January 31, E. File with the City all documentation for the previous quarter no later than ten (10) city working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section; advise City in its report of the identification utilized (driver s license, utility bill, etc.); submit to City typed or prepared word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk. Provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide city clerk with written notification of any changes in the primary or secondary person(s) within five (5) city working days following such change. All reports shall be delivered in person or 2

115 sent via first class mail. Reports sent by fax, or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File the quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5) city working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider s failure to fully meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $28,000 for Fiscal Year for services identified in Section 1, Services Provider s Duties, $14,000 for congregate meals at the Apache Junction Senior Center and $14,000 for homedelivered meals all as provided under Section 1, Subsections A and B. 3

116 B. Compensation shall be in equal quarterly payments of $7, per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-toquarter basis. Any such request shall be submitted in writing, on Services Provider s letterhead, and signed by both the local agency director and the president or vice president of the Services Provider s Board of Directors. Early release of funding shall be at the discretion of City and subject to Service Provider s compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year funding be unable to meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately to the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2015 through June 30, 2016, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider s profession practicing in the Phoenix Metropolitan Area, and shall use 4

117 reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: If to Services Provider Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ East Valley Adult Resources, Inc. 45 W. University Drive, Suite A Mesa, AZ TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall, within ten (10) calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider s labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 5

118 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12. FORCE MAJEURE: Neither City nor Services Provider, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an Enforced Delay ) due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockage, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, employees, or any tier of the Services Provider s subcontractors in the performance of this Agreement. Services Provider s duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property 6

119 including loss of use resulting therefrom, caused by a Services Provider s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider s performance of the services retain Services Provider s status as independent contractor. Services Provider s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes doing business in the City of Apache Junction and Services Provider agrees to obtain an operating license pursuant to Article 8-2 of the Apache Junction City 7

120 Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same operating and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business or operating license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk s Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 8

121 22. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S , Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or 9

122 subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E- Verify requirements contained in A.R.S (A). City retains the legal right to inspect the papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: EAST VALLEY ADULT RESOURCES, INC. By: Title: Chairperson/President By: Title: Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation ATTEST: John S. Insalaco Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10

123 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 7. File ID: Sponsor: Shane Kiesow Index: Community Infrastructure Agenda Date: 5/17/2016 In Control: City Council Meeting Consideration of award of contract to Regional Pavement Maintenance for street maintenance work in the Palm Springs subdivision area in partial fulfillment of the fiscal year Street Maintenance Plan. The work would be through the City of Buckeye cooperative contract # for a total not to exceed amount of $178, including a ten percent contingency. Work would be contingent on the availability of.2% street sales tax monies. This agenda item was presented and discussed with the Public Works Manager, Shane Kiesow, at the April 18, 2016 City Council work session. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

124 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT NO. PW Street Maintenance Projects THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ( City ), an Arizona municipal corporation, and REGIONAL PAVEMENT MAINTENANCE, an Arizona corporation, ( Contractor ), sometimes individually known as a Party and collectively referred to as the Parties. RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the Work ) called for in One Government Procurement Alliance (hereinafter 1GPA ) Contract #13-118P and more fully detailed in the Contractor s Proposals # and # dated March 30, The City s provisions herewith shall govern over any conflicting TCPN contract provisions. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code ( A.J.C.C. ), Vol. I, Article 3-7, Procurement Procedure. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in 1GPA Contract #13-118P the Contractor s proposals # and # dated March 30, 2016, Exhibit A, including, but not limited to: A. Crack seal approximately 47,045 LF of cracks on the streets within the west and east Palm Springs subdivision.

125 a. Clean cracks before application of crack seal material. B. Thoroughly clean approximately 360,596 SF of asphalt pavement with dust containing vacuum street sweepers within the east Palm Springs subdivision in preparation of slurry seal work. C. Apply one coat of slurry seal Type II to approximately 360,596 SF at a rate of 18 pounds per square yard on the streets within the east Palm Springs subdivision. D. Provide traffic control for the duration of the Work. Contractor shall obtain pre-approval of traffic control plans by the City. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed $162, (the Contract Sum ) for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. 3. CONTRACT TERM: Contractor hereby fixes the time for completion of said Work as June 30, This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will 2

126 occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 3

127 Contractor represents and warrants that any license necessary for Contractor to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes doing business in the City of Apache Junction and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses and pay all required taxes. If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk s Office. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor s performance of the services retain Contractor s status as an independent contractor. Contractor s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, work with the City representative to generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress 4

128 during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of Contractor s subcontractors in the performance of this Agreement. Contractor s duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City s approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys fees, necessary witness fees and court costs to be determined by the court in such action. 5

129 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor s acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City s right to insist on strict fulfillment of Contractor s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name 6

130 City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG , or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. s Additional Insured, Form B, CG , and shall include coverage for Contractor s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor s Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor s owned, hired, and nonowned vehicles assigned to or used in performance of Contractor s Work. Coverage will be at least as broad as coverage code 1, 7

131 any auto, (Insurance Service Office, Inc. Policy Form CA , or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor s employees engaged in the performance of the Work; and, Employer s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: I am aware and understand the provisions of A.R.S et seq. which requires every employer to be insured against liability for workers compensation or to undertake selfinsurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement. If Contractor has no employees for whom workers compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers Compensation and Employer s Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor s insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ,

132 In the event any insurance policies required by this Agreement are written on a claims made basis, coverage shall extend for two (2) years past completion and acceptance of Contractor s Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal 9

133 representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate its duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 21. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 22. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an Enforced Delay ) due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or material men due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, 10

134 extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 23. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 24. RECORDS: Records of Contractor s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 25. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this 11

135 Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee); shall be authorized to execute future amendments or extensions of this Agreement. 26. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 27. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S , Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this 12

136 warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S (A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 29. NON-AVAILABILITY OF FUNDS: Funding for this Work is dependent upon receipt of sales taxes, which is the only available source of revenue. Contractor acknowledges this risk and enters into this agreement well aware that the City disclaims any contractual liability should the City notify the Contractor to stop the Work due to lack of revenue source to pay for additional Work. The City agrees to take all reasonable steps necessary to secure appropriations that are sufficient to meet the budget requirements of this Work. The City shall notify the Contractor at the earliest possible time if the City desires to exercise its termination right pursuant to this Section. 13

137 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of, Contractor: REGIONAL PAVEMENT MAINTENANCE By: Title: City: CITY OF APACHE JUNCTION an Arizona municipal corporation By: John S. Insalaco Title: Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 14

138 STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of, 2016, by as of Regional Pavement Maintenance. My Commission Expires: Notary Public STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of, 2016, by John S. Insalaco, as Mayor of the City of Apache Junction, an Arizona municipal corporation. My Commission Expires: Notary Public 15

139 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 8. File ID: Sponsor: Giao Pham Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Proclamation designating the week of May 15th - 21st, 2016 as Public Works Week. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

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141 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 9. File ID: Sponsor: Matt Busby Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Mr. Sam Leyvas, Chief Executive Officer of First Things First, will present the 2016 First Things First Champion for Young Children Award for the Pinal Region to City Manager Bryant Powell. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

142 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 10. File ID: Sponsor: Bryant Powell Index: Agenda Date: 5/17/2016 In Control: City Council Meeting City manager's report. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

143 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 11. File ID: Sponsor: Jesse Regnier Index: Budgetary Approval not Required Agenda Date: 5/17/2016 In Control: City Council Meeting Public hearing, presentation, discussion and consideration of proposed Ordinance No. 1431, case PZ-6-16, a proposed planned development major amendment request by Superstition Commons LLC, represented by Charles Duck, to amend the conditions of their RM-1/PD (High Density Multi-family Residential by Planned Development) zoned, 5-acre subdivision property known as Superstition Commons Townhomes Subdivision (formerly "The Haystacks") located at 854 S. San Marcos Drive, by allowing the last five buildings (buildings 10 through 14) to be constructed as two-story four-plex townhome buildings, instead of one-story four-plex townhome buildings with basements. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

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195 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 12. File ID: Sponsor: Thomas Kelly Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Presentation, discussion and consideration of approval of amendment to inmate telephone service agreement. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

196 Apache Junction Police Department Interdepartmental Memo DATE: May 2, 2016 TO: FROM: SUBJECT: Bryant Powell, City Manager Thomas E. Kelly, Chief of Police Amended Contract Agreement Reference is made to our previous telecom with Tom Donahue at GTL regarding the Value-Added Communications which has been previously provided to the police department through contract. This contract previously afforded the police department (at no cost to city) inmate telephone communications within the detention center. These telephones were collect call only phones that would be available within the secured cell area of the detention center for prisoner use. All maintenance, up keep and repair costs are born to the provider and the provider does pay the city a small stipend for the space provided for the telephones in the cell areas. Again no fees or cost to the city. This is merely an updated contract with the provider for an additional year ending June 1, 2017.

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211 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 13. File ID: Sponsor: Bryant Powell Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Direction to staff on process of filling vacant board member positions at Superstition Mountains Community Facilities District No. 1. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

212 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 14. File ID: Sponsor: Matt Busby Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Direction to staff on date, time and location for meeting with the SouthEast Valley Regional Association of Realtors. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

213 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 15. File ID: Sponsor: Janine Solley Index: Agenda Date: 5/17/2016 In Control: City Council Meeting Direction to staff on the Request for Qualifications (RFQ) for visitor center services. Council previously discussed the visitor center services proposals at the April 18, 2016 and May 2, 2016 work sessions. This item provides the opportunity to direct staff on how to proceed with visitor center services and the related RFQ. Attachments: City of Apache Junction, Arizona Page 1 Printed on 5/10/2016

214 AJ Chamber of Commerce Summary Criteria VENUE Appropriateness of proposed local venue to house the Center within the city limits, consistent with the guidelines established by the Arizona Office of Tourism ( AOT ) and ability to adequately staff the Center during hours of operation Points Possible for this Criteria (Total) 30 Review Committee Average of Points Awarded for this Criteria 25, 30, 29, 30, 30 (144/5) Avg = 28.8 EXPERIENCE Demonstration of knowledge of current trends, resources, and services demanded by Center patrons, and experience of key staff 20 MARKETING Quality/relevance of marketing tools to be utilized, and understanding of needs/trends demanded by today s tourists and visitors 20 20, 20, 18, 18, 18 (94/5) Avg = , 18, 18, 20, 18 (84/5) Avg = 16.8 BUSINESS PROMOTION Ability to share information about licensed businesses located within the city limits and ability to promote programs that help reduce retail leakage 20 15, 15, 17, 18, 17 (82/5) 16.4 ACCOUNTABILITY Type and quality of data to be collected and plan for keeping the city updated on progress made on items contained in the scope of work 10 5, 5, 5, 6, 5 (26/5) 5.2 Total Possible Points

215 AJ Chamber of Commerce Summary Proposal/Interview Strengths: Years of experience specifically providing visitor center services Established facility in the downtown with an existing recognition factor as a visitor center Existing/updating visitor marketing products (maps, videos, Twitter, Facebook, website, etc.) New shop local app, accessible to all Apache Junction businesses with interactive mapping and things to do features (ability to see what works/modify) Ability to be fully functional with all items in Scope of Work July 1 New center kiosk for searching all Apache Junction businesses up to date information through Reference USA Strong volunteer program, longevity, leverage each volunteer s strengths with operations and training opportunities Paid full-time staff also present during operation hours available to assist with visitor center services

216 AJ Chamber of Commerce Summary Existing partnerships with tourism businesses/groups (i.e. Visit Mesa, AOT, Phoenix Mesa Gateway Airport, Apache Trail Attractions ) Designated Local Visitor Information Center by Arizona Office of Tourism (with a reported 10 years of perfect scores) and will remain so for the foreseeable future provides recognition and marketing of center to visitors through all Arizona Office of Tourism publications, online presence, visitor apps, etc. Seeking to establish 3-year plan for facility improvements (phased additions of patio area, pet-friendly area, hitching post, Apache Trail Diorama, and landscaping) Growing social media presence (i.e. Facebook 1400 likes, up from 300 a year ago) Redesigned website, community calendar of events Welcomes city participation/feedback come tour center and suggest ideas for improvement Proposal/Interview Weaknesses: Minimal reporting on progress, initiatives proposed Venue has seen little physical change/updates

217 Superstition Mountains Regional Business Alliance Summary Criteria VENUE Appropriateness of proposed local venue to house the Center within the city limits, consistent with the guidelines established by the Arizona Office of Tourism ( AOT ) and ability to adequately staff the Center during hours of operation Points Possible for this Criteria (Total) 30 Review Committee Average of Points Awarded for this Criteria 15, 20, 20, 15, 20 (90/5) Avg = 18 EXPERIENCE Demonstration of knowledge of current trends, resources, and services demanded by Center patrons, and experience of key staff 20 5, 10, 5, 5, 14 (39/5) Avg = 7.8 MARKETING Quality/relevance of marketing tools to be utilized, and understanding of needs/trends demanded by today s tourists and visitors 20 10, 14, 10, 20, 15 (69/5) Avg = 13.8 BUSINESS PROMOTION Ability to share information about licensed businesses located within the city limits and ability to promote programs that help reduce retail leakage 20 10, 10, 10, 10, 13 (53/5) Avg = 10.6 ACCOUNTABILITY Type and quality of data to be collected and plan for keeping the city updated on progress made on items contained in the scope of work 10 8, 7, 8, 5, 9 (37/5) 7.4 Total Possible Points

218 Superstition Mountains Regional Business Alliance Summary Proposal/Interview Strengths: Year-round consistency in hours (including Saturday s) Proposed location on a main tourism thoroughfare Lots of creative marketing ideas (foresight into acquiring domain names for visitor center), standalone visitor center website, reaching winter visitors while at their other home, digital signage at center, testimonials from visitors Accurate door counts for visitors Year-round shop local includes all city businesses invited to participate (but scan card idea of concern costly, time to implement) Take into account user experiences and build on improvements from feedback Gift shop sales will subsidize visitor center operations Will make referrals through local business list (they ve been building and would like city to assist with sharing of information) and categorize all businesses (will not give SMRBA members priority when making referrals)

219 Superstition Mountains Regional Business Alliance Summary Proposal/Interview Strengths: Believes they can run center based on established Arizona Office of Tourism guidelines Philosophy about customer services and genuine care for people Partnership with Arizona Winter Visitors Association Proposal/Interview Weaknesses: Short-time presence in the community Variety of experience but none in visitor center services, and very little in operating a facility Reliance on city clerk s office for new business information All volunteers with plans to hire staff at some point (no specific plan for actual recruitment, lots of supporters but uncertain of ability to cover 49 hours week/2-3 volunteers at a time) No past performance to know if all proposed ideas can be realized Cannot attempt to get Arizona Office of Tourism visitor center designation (requires non-profit status) but they may consider creating an entity or converting SMRBA into a non-profit in the future

220 Superstition Mountains Regional Business Alliance Summary Very uncertain as to what could be implemented on July 1 (contract start date) for deliverables. They hope to have access to racks & publications for opening and will start publicity campaign about new AJ visitor center location. Apps will need to be approved by Apple, videos (will use others initially) and create new throughout the year, website in development can go July 1 App functionality a bit unclear in terms of how the user would interact with it, no strategic plan of how they d get the word out about the availability of the tools they ll create Some concern about who might be sharing space with Visitor Center and creating identity confusion (talk about Diane & Judy s office there, but not SMRBA, but Diane is a SMRBA employee, SMRBA might move nearby)

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