City of Apache Junction, Arizona Page 1

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1 Tuesday, June 17, 2014 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 Acceptance of agenda. Consideration and action. Approval of minutes of regular meeting of June 3, Consideration and action. Consideration of professional services agreement with Buxton for a retail expansion, recruitment, and visitor impact analysis in an amount not to exceed $60, Consideration and action. Consideration of proposed Resolution No , authorizing the city to approve Amendment No. 2 to the Intergovernmental Agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant funds for the construction of an intersection safety improvement project at the intersection of Idaho Road (SR 88) and Old West Highway. Consideration and action. 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. City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

2 City Council Meeting Agenda June 17, Presentation of award by the Apache Junction Drug Prevention Coalition to the Apache Junction Police Department for a reduction in drug-related crimes for the period of Presentation. Presentation and discussion by city and Resolution Copper staff on the Resolution Copper Project. Presentation and discussion. 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 City manager's report. Presentation. Presentation by Bryce Milkey, the 2014 Apache Junction High School student body president who will share his speech from Apache Junction High School's May 22, 2014 graduation ceremony. Presentation. 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. 9. Proposed third amendment to economic development agreement between City of Apache Junction and Mehmood Mohiuddin, owner of the Hitching Post. City staff and Ralph Pew (attorney for Mehmood Mohiuddin) will make a presentation. Presentation, discussion, and consideration. 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. 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. City of Apache Junction, Arizona Page 2 Printed on 6/9/2014

3 City Council Meeting Agenda June 17, Presentation, discussion, and possible approval of the Fiscal Year City Council Legislative Work Plan. Consideration and action. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 30, Executive Session at 5:45 P.M. for Tuesday, July 1, 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. 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. If any person with a disability needs any type of accommodation, please notify Human Resources at (480) or (480) (TDD) at least 72 hours prior to the scheduled time. City of Apache Junction, Arizona Page 3 Printed on 6/9/2014

4 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: 6/17/2014 In Control: City Council Meeting Acceptance of agenda. Consideration and action. Attachments: City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

5 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: Local/State/Federal Statutory Requirement Agenda Date: 6/17/2014 In Control: City Council Meeting Approval of minutes of regular meeting of June 3, Consideration and action. Attachments: ccmin City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

6 CITY COUNCIL REGULAR MEETING JUNE 3, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 3, 2014, 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 Serdy 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 George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Assistant to the City Manager Matt Busby Program Resource Manager Roger Hacker REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 1 OF 10

7 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS The presentation of award by the Apache Junction Drug Prevention Coalition has been rescheduled to the meeting of June 17, ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he and the mayor attended a Memorial Day ceremony at Mountain View Cemetery attended by people. Apache Junction was well represented with all of the veterans posts, the Mounted Rangers and posts from Mesa. After the ceremony they were thanked for Apache Junction having elected officials there. Mesa was invited but did not even respond. Councilmember Waldron announced he and the mayor attended the Arizona Department of Transportation meeting on Wednesday on the widening of US 60 from Crismon to Ironwood. They also talked about the half diamond construction at Meridian. They will start construction this fall. Councilmember Serdy announced the signs are up around the Focal Point to direct people to the historic Dons Monument. Councilmember Serdy announced it is safe to go back to Walmart as they have resurfaced the parking lot. Mayor Insalaco announced Randall s Towing was recognized as one of the top 500 tow companies in the United States by the American Towmen s Association. CITY MANAGER S REPORT REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 2 OF 10

8 Assistant City Manager Bryant Powell read a letter from a resident thanking the city for repaving Buena Vista near Apache Villa and requesting they look at paving Delaware. PUBLIC HEARINGS SAMPLING PRIVILEGES TO ACTIVE BEER AND WINE STORE, SERIES 10 LICENSE FOR AJ S MINI MART ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. The applicant was not in attendance. He then opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for any further discussion. Vice Mayor Barker stated she had a question if anyone could answer. As the applicant is not here, it makes it a little difficult. She was curious as to what the sampling privileges entail. Councilmember Serdy commented Desert Liquors had this and the council approved it. It got quite successful, leading them to buy the Cactus Club and start Handlebars. There was so much demand and there was no problem with it. Vice Mayor Barker commented she does not see a problem with it; she was just asking a question of exactly what this entails. They are talking about a mini mart. She asked if they would be thinking about setting up a table and serving a taste of things or are they talking about setting up on a specific night of the week. Those are the curiosities she has. Councilmember Serdy commented going on what Desert Liquors did, they did have a table. If they were selling a particular wine they would have one open and there would be little samples. They also had little pieces of cheese setting out. Rather than buy the whole thing and be disappointed, one could sample and taste it. It is kind of like REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 3 OF 10

9 open containers. They could not go outside; they had to have it right in that little area. Mayor Insalaco stated that was quite a while ago when they passed that. was. She was just curious. Vice Mayor Barker stated it Councilmember Waldron commented it is a little disappointing if the applicant is not here. Vice Mayor Barker agreed, adding he could have told her exactly how he planned to set this up. She would have liked to have heard that. Councilmember Waldron commented it must not be that important to him. Councilmember Evans asked if it was a communion size or a giant size. Vice Mayor Barker commented and how many times can they go the table is her next question. Councilmember Evans agreed. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR SAMPLING PRIVILEGES TO ACTIVE BEER AND WINE STORE, SERIES 10 LIQUOR LICENSE FOR AJ S MINI MART, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. THE MOTION. Councilmember Wilson SECONDED VOTE: 6-1 (Councilmember Waldron voted in opposition). REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 4 OF 10

10 During the vote Councilmember Evans commented she did not like it but they passed the law that they can do it, so she voted yes. During the vote Councilmember Wilson commented he agreed with what Mrs. Evans said, but yes. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF PROPOSED GUIDELINES FOR CITY S CORPORATE PARTNERSHIP PROGRAM AND PROPOSED ADVERTISING ON CITY VEHICLES ) ) Program Resource Manager Roger Hacker briefed the council on the item. comments. There were none. Mayor Insalaco called for any Program Resource Manager Roger Hacker asked if they would like this brought back to be approved by a motion or some other means. Mayor Insalaco commented he would like more information on how this is going to go. Councilmember Waldron commented he would like to see some examples, specific examples, of the type of signs there would be on the vehicles. And the wording. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 5 OF 10

11 Program Resource Manager Roger Hacker stated he wanted to clarify this is for the entire partnership program, not just for the vehicular. Mayor Insalaco and Councilmember Waldron both stated they had misunderstood. the wishes of the council are. Mayor Inasalaco asked what Vice Mayor Barker commented he is saying these guidelines are for anything that deals with corporate sponsorships. Program Resource Manager Roger Hacker stated that is correct. Vice Mayor Barker commented they are talking about, perhaps, the little league fields but it is also inclusive of the possibility of advertising on vehicles. Program Resource Manager Roger Hacker stated that is correct. They looked at other cities and when their councils were presented with these kinds of guidelines they took the next step and formally adopted them. He asked if they would like to do that or whatever direction they would like to go with. Vice Mayor Barker asked when he finds the opportunity for a corporate partnership will that be brought to the council to be accepted if these guidelines are adopted, or because the guidelines are accepted would it not be. Program Resource Manager Roger Hacker stated he would anticipate they would just go ahead. If and when the council adopts these, they will have given staff the marching order and they would move forward from there knowing these five items are what they do not want to see. If that does not work for the council, they can come back and discuss what their preferences are. Vice Mayor Barker commented she wanted to clarify this so she understands this one hundred REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 6 OF 10

12 per cent. He is saying if they make a motion directing staff to implement these guidelines, at that point the council would probably not see anything else except maybe be told it was happening. Program Resource Manager Roger Hacker stated that is correct. If they were to get something that falls outside these guidelines, they would obviously have to come back and discuss it with the council. Mayor Insalaco asked the council members if they were now clear. The consensus was they were. Program Resource Manager Roger Hacker stated now he is not sure. He asked if this would be coming back to the council to be adopted by a motion, or does he have his marching orders or how they would like this handled. City Attorney Joel Stern stated it is up for direction to staff tonight. If they want to approve it, it would have to be brought back for approval. It can be done by motion. It does not have to be a resolution. City Clerk Kathleen Connelly stated the direction could also be to just proceed and implement. stated they could do that, too. City Attorney Joel Stern Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED GUIDELINES FOR CITY S CORPORATE PARTNERSHIP PROGRAM AND PROPOSED ADVERTISING ON CITY VEHICLES: THAT THEY IMPLEMENT THE PROPOSED GUIDELINES FOR THE CITY S CORPORATE PARTNERSHIP PROGRAM AND THAT THEY TAKE FURTHER ACTION REGARDING THE PROPOSED ADVERTISING ON CITY VEHICLES. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 7 OF 10

13 THE MOTION. Councilmember Rizzi SECONDED VOTE: Unanimous. During the vote Vice Mayor Barker commented she wanted to explain her vote. She is very, very opposed to the use of advertising on a city vehicle. She thinks it is tacky and disrespectful to the city itself. However, she does realize she is in the minority here. Therefore, she wants the guidelines to be set up and be correct and easy to follow so she will vote yes. The motion carried. Program Resource Manager Roger Hacker stated the second part the staff is looking at is Vice Mayor Barker s favorite. Based on the discussion last evening, staff noted their very specific, if they go ahead with the vehicular advertising, they do not want it on fleet cars, they want to start small, see a pilot project to see how that goes, it is not an endorsement of the product or the company, include a disclaimer, and, as the city clerk identified, this is actual income. He asked if they would like staff to go ahead and work up with these caveats in mind, and work up what an advertising program for the city would look like and come back to the council. Mayor Insalaco commented he would like one thing added to the disclaimer. That it be legible and seen, not hidden down in the small, fine print. Program Resource Manager Roger Hacker commented legible, not like his handwriting from last night s meeting. Mayor Insalaco commented like Vice Mayor Barker, he is not a happy camper with this at all. Program Resource Manager Roger Hacker stated he is to come back with how this would look to the city. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 8 OF 10

14 is correct. Roger Hacker thanked the council. Mayor Insalaco commented that Program Resource Manager 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, JUNE 16, 2014, 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, JUNE 17, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding a raffle for the Boys and Girls Club for a 2014 Cruze donated by Chapman Chevrolet. ADJOURNMENT ) ) Mayor Insalaco adjourned the meeting at 7:18 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of May 20, ACCEPTED THIS 17TH DAY OF JUNE, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JUNE, REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 9 OF 10

15 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 3rd day of June, I further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of June, KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 10 OF 10

16 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 3. File ID: Sponsor: Janine Solley Index: Economic Development Agenda Date: 6/17/2014 In Control: City Council Meeting Consideration of professional services agreement with Buxton for a retail expansion, recruitment, and visitor impact analysis in an amount not to exceed $60, Consideration and action. Staff respectfully requests council approval to enter into a contract with Buxton for a Retail Expansion, Recruitment, and Visitor Impact Analysis in an amount not to exceed $60,000. Attachments: Staff Memo Buxton Recommendation for Approval, PSA Buxton 2014 City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

17 DATE: June 4, 2014 MEMORANDUM TO: MEMORANDUM THROUGH: MEMORANDUM FROM: SUBJECT: George Hoffman, City Manager Bryant Powell, Assistant City Manager Matt Busby, Assistant to the City Manager Janine Solley, Principal Economic Development Specialist Retail Expansion, Recruitment, and Visitor Impact Analysis Consultant Recommendation In April 2014, staff received direction to release a Request for Qualifications for a Retail Expansion, Recruitment, and Visitor Impact Analysis. On June 2, 2014, staff made a recommendation to council to secure the services of Buxton to complete this work. If this Professional Services Agreement is approved, Buxton will provide services for $60,000 for year one (1) of a three (3) year term. Buxton suggests renewing and refreshing the data during years two (2) and three (3) at a cost of $50,000 per year. However, at any time during this three (3) year term, the City may cancel services for the following year by providing written notice to Buxton at least ninety (90) days in advance of the yearly renewal with no early termination fee assessed to the City. Staff respectfully requests Council approve the Professional Services Agreement with Buxton for a Retail Expansion, Recruitment, and Visitor Impact Analysis.

18 PROFESSIONAL SERVICES AGREEMENT WITH BUXTON FOR RETAIL EXPANSION, RECRUITMENT, AND VISITOR IMPACT ANALYSIS This Agreement is made as of the 17th day of June 2014 (the Effective Date ) by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation ( City ), and BUXTON, a Texas corporation ( Consultant ), both of which may be hereinafter referred to collectively as the Parties, for the project entitled Retail Expansion, Recruitment, and Visitor Impact Analysis. RECITALS A. City desires to retain a consultant to assist in the community s retail expansion recruitment efforts and understanding of seasonal visitor impacts and opportunities and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures set forth in the Apache Junction City Code have been satisfied. C. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT S DUTIES: Consultant agrees to perform the professional services detailed in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $60,000.00, in accordance with the price sheet set forth in Exhibit B. 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: This agreement shall be effective beginning on June 17, 2014 and shall be in effect for three (3) years with services invoiced annually unless otherwise terminated as set forth herein. 1

19 5. CITY S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 6. CONSULTANT S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to a 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: If to City: If to Consultant: City of Apache Junction Attn: Janine Solley, Principal Econ Dev Specialist 300 East Superstition Boulevard Apache Junction, AZ Buxton Attn: David Glover, CFO 2651 South Polaris Drive Fort Worth, TX INSURANCE: Consultant, 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 or service 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. Consultant 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, 2

20 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 selfinsured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant 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 Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City s right to insist on strict fulfillment of Consultant s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant 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 Consultant s operations and products and completed operations. 3

21 If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant s work, service or operations 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 Consultant s Commercial General Liability insurance. Automobile Liability Consultant 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 Consultant s owned, hired, and non-owned vehicles assigned to or used in performance of Consultant s work. Coverage will be at least as broad as coverage code 1, 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 Consultant shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant s employees engaged in the performance of the work or services; 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, Consultant 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 self-insurance 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 Consultant has no employees for whom workers compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. 4

22 In case any work is subcontracted, Consultant will require subcontractors to provide Workers Compensation and Employer s Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant 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 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 Consultant s work or services 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. 5

23 9. 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. 10. FORCE MAJEURE: Neither City nor Consultant, 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 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, blockade, 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 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 Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant 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. 11. TERMINATION: This Agreement may be terminated by either Party for any reason for the following year by providing written notice at least ninety (90) days in advance of a yearly renewal. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or 6

24 unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. If City cancels services prior to the expiration of the initial term, there will be no early termination fee assessed. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant 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, work or services of Consultant, its agents, employees, or any tier of Consultant s subcontractors in the performance of this Agreement. Consultant 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 an Consultant s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 13. LICENSE: Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes doing business in the City of Apache Junction and Consultant agrees to obtain a business 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. Consultant 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 subconsultants within the corporate city limits will invoke the same business and privilege license regulations on any subconsultants, and Consultant ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Consultant and any subconsultants through the City Clerk s Office. 14. RECORDS: Records of Consultant 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. Consultant 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. 7

25 15. 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. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant 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. 17. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant 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 , Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S (A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant 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. Consultant 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. Consultant shall not be deemed in material breach of this Agreement if the Consultant 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 Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant 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. 18. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant 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 8

26 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. 19. SEVERABILITY: City and Consultant 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. 20. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. BUXTON, a Texas corporation By: David Glover Its: Chief Financial Officer CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor 9

27 ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: By: R. Joel Stern, City Attorney STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of, 20, by as of Buxton, a Texas corporation. My Commission Expires: Notary Public (seal) 10

28 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of, 20, by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. My Commission Expires: Notary Public (seal) 11

29 EXHIBIT A SCOPE OF WORK

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33 EXHIBIT B FEE SCHEDULE

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35 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 4. File ID: Sponsor: Emile Schmid Index: Community Infrastructure Agenda Date: 6/17/2014 In Control: City Council Meeting Consideration of proposed Resolution No , authorizing the city to approve Amendment No. 2 to the Intergovernmental Agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant funds for the construction of an intersection safety improvement project at the intersection of Idaho Road (SR 88) and Old West Highway. Consideration and action. Attachments: Res Memo to council.pdf, Resolution No IGA-2 Combined.pdf City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

36 Public Works Department City of Apache Junction Home of the Superstition Mountains Date: June 4, 2014 To: Through: From: Subject: Mayor and Members of the City Council George Hoffman, City Manager Giao Pham, Public Works Director Emile Schmid, City Engineer PW SR 88 / Old West Highway Safety Improvements utilizing Highway Safety Improvement Program (HSIP) funds In 2011 city staff initiated and pursued utilizing Highway Safety Improvement Program (HSIP) funds for the design and construction of an intersection safety improvement project at the intersection of Idaho Road (SR 88) and Old West Highway. Resolution was approved by city council allowing the city to enter into an intergovernmental agreement (IGA) with ADOT (JPA/IGA I) to proceed with this project. Amendment No. 1 was executed by the city December 5, 2012 to reflect a change in the design engineering costs. Per the original IGA, the city is responsible for any construction cost overages incurred by the project. The current construction cost estimate prepared by ADOT s design consultant is higher than what was originally programmed into the grant. The city Staff was able to work with ADOT and MAG to secure funds to assist the city in paying for the overage. The purpose of proposed Amendment No. 2 is to increase the construction funds as outlined below: SH496 03D (scoping/design and ADOT Project Management Design Review Cost): Federal-aid 94.3% (capped) $ 118, City s 5.7% (received) $ 7, Subtotal Scoping/Design $ 125, SH496 01C (construction): Federal-aid 94.3% (capped) $ 343, City s 5.7% $ 20, City s 100% $ 14, Subtotal Construction (State administered) $ 378, E. Baseline Avenue, Apache Junction, AZ Voice (480) FAX (480) or (480)

37 Public Works Department City of Apache Junction Home of the Superstition Mountains Estimated TOTAL Project Cost** $ 504, Summary: Total Estimated City Funds* $ 42, Total Federal Funds $ 462, * (Includes scoping/design match received by ADOT from the City) ** (Includes 15% CE and 5% Project contingencies) Construction items for this project include raised medians along Idaho Road (south and north of the intersection), sidewalk ramp upgrades to make them ADA compliant at all curb returns and pedestrian refuge areas in the Old West Highway Medians, and drainage improvements. ADOT is completing the design of this project this fiscal year, with construction to follow shortly thereafter. Both city staff and ADOT feel that the construction of this project provides a significant safety improvement and is beneficial to the travelling public and area residents. 575 E. Baseline Avenue, Apache Junction, AZ Voice (480) FAX (480) or (480)

38 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO APPROVE AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS. WHEREAS, Congress established the Highway Safety Improvement Program ( HSIP ) for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway (the Project ); and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated total construction cost of the Project is $378,838.00, including construction engineering and administration cost, which represents 100% funding; and WHEREAS, Federal-aid funds will contribute $343, for construction of the Project; and WHEREAS, the required City leftover matching funds for construction of the Project is $34,868.00; and WHEREAS, the attached written amendment ( IGA/JPA I, Amendment No. Two: I ) sets forth the financial and administrative conditions for design of the Project. RESOLUTION NO PAGE 1 OF 2

39 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached amendment no. two to intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ( IGA/JPA I, Amendment No. Two: I ) and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA/JPA I amendment, the City will pay for the design and construction costs associated with the Project. 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 2 OF 2

40 ADOT File No.: IGA/ JPA I ADOT CAR No.: I Amendment No. Two: I AG Contract No.: P Project: Construction & Installation Section: Idaho Rd at Old West Highway Federal-aid No.: APJ-0(204)A ADOT Project No.: SH496 03D 01C TIP/STIP No.: CAAG/MAG CFDA No.: Highway Planning and Construction Budget Source Item No.: N/A AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. TWO to INTERGOVERNMENTAL AGREEMENT (the Amendment No. Two ), entered into this date, 2014, pursuant to Arizona Revised Statutes through , as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the City ). The City and State are collectively referred to as the Parties. WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA I, A.G. Contract No. P , was executed on August 9, 2011, (the Original Agreement ) and Amendment One executed on December 6, 2011, (the Amendment No. One ), WHEREAS, the State is empowered by Arizona Revised Statutes to enter into this Amendment No. Two and has delegated to the undersigned the authority to execute this Amendment No. Two on behalf of the State; WHEREAS, the City is empowered by Arizona Revised Statutes to enter into this Amendment No. Two and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No. Two and has authorized the undersigned to execute this Amendment No. Two on behalf of the City; and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. Two is to increase the construction funds. The Parties desire to amend the Original Agreement and Amendment No. One, as follows: I. RECITALS This page revised 02/25/13

41 Page 2 ADOT File No.: IGA/ JPA I CAR No.: I Amendment No. Two: I Section I. Paragraph 6 is added and the funding is revised, as follows: 6. The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost (CE). The estimated Project costs are as follows: SH496 03D (scoping/design and ADOT Project Management Design Review Cost): Federal-aid 94.3% (capped) $ 118, City s 5.7% (received) $ 7, Subtotal Scoping/Design $ 125, SH496 01C (construction): Federal-aid 94.3% (capped) $ 343, City s 5.7% $ 20, City s 100% $ 14, Subtotal Construction (State administered) $ 378, Estimated TOTAL Project Cost** $ 504, Summary: Total Estimated City Funds* $ 42, Total Federal Funds $ 462, * (Includes scoping/design match received by ADOT from the City) ** (Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project. The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount. II. SCOPE OF WORK Section II, Paragraph f. is replaced and Paragraphs i. and j. are added, as follows: 1. The State will: i. Upon completion of design and prior to authorization, invoice the City, for the City s share of Project construction costs currently estimated at $34, Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. j. Upon receipt of the City s estimated share of the Project construction costs, submit all documentation required to FHWA with the recommendation that funding be approved for construction. Request the maximum programmed federal funds for the construction of this Project. Should costs

42 Page 3 ADOT File No.: IGA/ JPA I CAR No.: I Amendment No. Two: I exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. k. Upon FHWA authorization and with the aid and consent of the City, proceed to administer construction, advertise for, receive and open bids subject to the concurrence of the City, to whom the award is made and enter into a contract(s) with a firm(s) for the construction of the Project. Section II, Paragraph d. is revised, as follows: 2. The City will: d. Upon completion of design, within thirty (30) days of receipt of an invoice from the State and prior to bid advertisement, pay the State, the City s Project construction costs, currently estimated at $34, Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. III. MISCELLANEOUS PROVISIONS Section III, Paragraphs 17. and 18. are added as follows: 17. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 18. The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Entities that expend $500, or more (prior to 12/26/14) and $750, or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine (9) months of the sub recipient fiscal year end. ADOT FMS Attn: Cost Accounting Administrator 206 S 17 th Ave. Mail Drop 204B Phoenix, AZ SingleAudit@azdot.gov EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement and Amendment No. One remain in full force and effect. THIS AMENDMENT NO. TWO shall become effective upon signing and dating of the Determination Letter by the State s Attorney General. IN ACCORDANCE WITH Arizona Revised Statutes (D) attached hereto and incorporated herein is the written determination of each Party s legal counsel and that the Parties are authorized under the laws of this State to enter into this Amendment No. Two and that the Amendment No. Two is in proper form.

43 Page 4 ADOT File No.: IGA/ JPA I CAR No.: I Amendment No. Two: I IN WITNESS WHEREOF, the Parties have executed this Amendment No. Two the day and year first above written. CITY OF APACHE JUNCTION By JOHN S. INSALACO Mayor STATE OF ARIZONA Department of Transportation By DALLAS HAMMIT, P.E. Senior Deputy State Engineer, Development ATTEST: By KATHY CONNELLY Clerk

44 ADOT File No.: IGA/ JPA I CAR No.: I Amendment No. Two: I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Amendment No. Two to the Original Agreement and Amendment No. One between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes through and declare this Amendment No. Two to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Amendment No. Two. DATED this day of, City Attorney

45 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 5. File ID: Sponsor: Christa Rizzi Index: Outside Scope of Council Priorities Agenda Date: 6/17/2014 In Control: City Council Meeting Presentation of award by the Apache Junction Drug Prevention Coalition to the Apache Junction Police Department for a reduction in drug-related crimes for the period of Presentation. Attachments: City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

46 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 6. File ID: Sponsor: Matt Busby Index: Agenda Date: 6/17/2014 In Control: City Council Meeting Presentation and discussion by city and Resolution Copper staff on the Resolution Copper Project. Presentation and discussion. Representatives of Resolution Copper wish to provide an update to the city council on the project. Attachments: City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

47 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 7. File ID: Sponsor: Bryant Powell Index: Agenda Date: 6/17/2014 In Control: City Council Meeting City manager's report. Presentation. Attachments: City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

48 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 8. File ID: Sponsor: Bryant Powell Index: Agenda Date: 6/17/2014 In Control: City Council Meeting Presentation by Bryce Milkey, the 2014 Apache Junction High School student body president who will share his speech from Apache Junction High School's May 22, 2014 graduation ceremony. Presentation. Attachments: City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

49 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 9. File ID: Sponsor: Joel Stern Index: Agenda Date: 6/17/2014 In Control: City Council Meeting Proposed third amendment to economic development agreement between City of Apache Junction and Mehmood Mohiuddin, owner of the Hitching Post. City staff and Ralph Pew (attorney for Mehmood Mohiuddin) will make a presentation. Presentation, discussion, and consideration. In October 2013, the city council voted to approve the Second Amendment to the Hitching Post Economic Development Agreement to accommodate a bullriding attraction. Since that time, Mehmood Mohiuddin (owner of the Hitching Post) hired consultants to assist him in constructing the bullriding facilities. As a result of the change in the site plan configuration of the bullriding structure as compared to the previously council-approved site plan, a Third Amendment is needed. The Third Amendment includes the revised site plan, a fence installation provision as well as insurance stipulations. Attachments: Hitching Post Memo and Agreement, Response from Hitching Post City of Apache Junction, Arizona Page 1 Printed on 6/9/2014

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