HomeMy WebLinkAbout2023 04.18 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,April 18,2023 7:00 PM 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. 23-195 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 23-196 Consideration of approval of minutes of the regular meeting of April 4,
2021
Sponsors: Jennifer Pena
Attachments: CCMIN 2023 04 04 MINUTES DRAFT
3. 2 -179 Consideration of approval of entering into an agreement with Riddle
Painting and Coatings Corporation for the exterior weatherization for
city hall not to exceed $182,998.70 utilizing the Mohave Contract
#20A-Riddle-0404. This item was previously presented and discussed
at the city council meeting held April 4, 2023.
Sponsors: Heather Hodgman
Attachments: Cit Council Memo-Riddle Paintin -Cit _Hall
City Hall Weatherization
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City Council Meeting Agenda April 18,2023
4. 23-188 Consideration of approval of award to AADS Office Solutions for RFP
#23002, Library Shelving, for an amount not to exceed $162,476.60.
Funding from the American Rescue Plan Act of 2021 will be used for
this procurement. This item was presented and discussed at the city
council meeting held April 4, 2023. This item was previously presented
and discussed at the city council meeting held April 4, 2023.
Sponsors: Pamela Harrison
Attachments: Memo Cif Council AADS
Contract AADS
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.
5. 23-203 Proclamation designating week of April 23 -29, 2023, as "National
Library Week."
Sponsors: Pamela Harrison
Attachments: Hat] Library Week Proclamation
6. 23-200 Proclamation designating April 28th, 2023, as "National Arbor Day."
Sponsors. Liz Langenbach
Attachments: 04 2023Arbor Day Proclamation
7. 23-189 Proclamation designating the week of April 30- May 6, 2023, as
"Professional Municipal Clerks Week."
Sponsors: Jennifer Pena
Attachments: 05 2023 Municipal Clerks Week
8. 23-138 Presentation of proclamation recognizing May 2023 as"Building Safety
Month."
Sponsors: Adrian Alegria
Attachments: Building Safety Month May 2023
F. REGIONAL INTERGOVERNMENTAL UPDATES
The mayor or any member of council may at this time present a brief summary of any regional
intergovernmental updates. However, no discussion shall take place on such items except for clarifying
comments related to substance, time and location.
9. 23-197 Brief summary of intergovernmental updates from mayor and
councilmembers.
Sponsors. Chip Wilson
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.
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City Council Meeting Agenda April 18,2023
10. 23-193 City Manager's Report.
Sponsors. Bryant Powell
11. 23-202 Presentation and discussion with Police Chief Michael Pooley
regarding technology(Flock and Spyder-Tech), school resource
officers, community engagement, and any other law enforcement
operational programs.
Sponsors: Bryant Powell
12. 23-199 Announcement of Current Events.
Sponsors: Al Bravo
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.
1. 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.
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
13. 23-201 Selection of dates, times and location for budget work session, public
hearing and adoption of tentative and final budget for Fiscal Year
2023-2024.
Sponsors: Leslie DeReche
Attachments: FY24 Cit Budget Caiendar
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City Council Meeting Agenda April 18,2023
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.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.
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)474-2617
or TDD(480)983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 4 Printed on 4/13/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 23-195
Sponsor:Jennifer Pena Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 23-196
Sponsor:Jennifer Pena Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of April 4, 2023.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
CityCouncil Meeting Apache Junction,AZ
g 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,April 4,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:04 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Heck gave the invocation and Vice Mayor Schroeder led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Nesser
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Al Bravo, Public Information Officer
Michael Pooley, Police Chief
Liz Langenbach, Parks& Recreation Director
Pam Harrison, Library Director
A. Doug LaSota, Municipal Judge
Evie McKinney, Deputy City Clerk
Heather Hodgman, Administrative Services Manager
Ted Wolff, Public Works Director
D. CONSENT AGENDA
1. -163 Consideration of acceptance of agenda.
Vice Mayor Schroeder moved,seconded by Councilmember Nesser to approve the Consent
Agenda.
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City Council Meeting Meeting Minutes April 4,2023
2. 23-169 Consideration of approval of minutes of the regular meeting of March 21,
2023.
3. 23-173 Consideration of approval of employment agreement with city manager.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
4. 23-167 Proclamation designating April 2023 as "Fair Housing Month."
Councilmember Heck read the proclamation designating the month of April 2023 as Fair
Housing Month.
5. 23-174 Proclamation designating the week of April 9 - 15, 2023 as "Police
Telecommunication Week."
Mayor Wilson read the proclamation designating the week of April 9- 15, 2023 as Police
Telecommunication Week.
Chief Pooley, Commander Jeffrey Kirkham, Police Telecommunications Manager Jessica
Kelley and Police Telecommunications Officer Megan Jaramillo came to the floor to accept the
proclamation. Chief Pooley expressed his gratitude to the Mayor and Council for this recognition
to the dispatchers. He emphasized the integral part that the dispatchers serve for the police
department operations. They bring comfort, compassion and help to the caller, and are the
unseen heros! Their job is very important and extremely difficult. He praised the dispatchers
that are currently on staff for the incredible job they are doing. Mayor Wilson and
Councilmember Soller also commended the dispatchers for their service, and thanked them for
making sure our officers and community remain safe.
6. 23-175 Proclamation designating the week of April 14th-22nd, 2023 as
"International Dark Sky Week."
Vice Mayor Schroeder read the proclamation designating the week of April 14th -22nd, 2023 as
International Dark Sky Week.
Parks& Recreation Director Liz Langenbach accepted the proclamation. She encouraged
everyone to participate in our local star gazing events held at the Apache Junction Public Library
on Tuesday evenings through the month of April. She also mentioned there were over 40
participants at the recent Parks and Recreation star gazing event.
F. REGIONAL INTERGOVERNMENTAL UPDATES
7. 23-172 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Cross mentioned a tragic vehicle accident that happened over the weekend at
Lost Dutchman and State Route Hwy 88. He announced the intersection is maintained and
controlled by Arizona Department Of Transportation,(ADOT)and stated we need to do
everything we can to encourage ADOT to install a round-about at this intersection, to avoid
further tragedies such as this. City Manager Bryant Powell voiced that direction will be given to
City Engineer to reach out to ADOT to provide the City a report on the latest traffic studies at this
intersection.
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City Council Meeting Meeting Minutes April 4,2023
G. CITY MANAGER'S REPORT
8. 23-170 City Manager's Report.
City Manager Bryant Powell mentioned the attendance of many of the council and city staff at
the D R Horton Grand Opening at Radiance. This is currently the single largest project in the
city,with 35 homes in the process for purchasing. There has been an additional 75 permits
pulled for new homes through our Development Services department.
Mr. Powell was recently invited to throw the first pitch at the opening ceremony for the Apache
Junction Little League. He called attention to the importance of this organization being
geographically based, and to participate proof of residency in Apache Junction is required. This
means kids are playing with "their neighbors", and are involved with "their" local community,
which creates families to develop deeper roots in beautiful Apache Junction. He recognized the
Parks and Recreation department for their efforts in coordinating the program, and keeping the
Little League field in great shape.
9. 23-171 Announcement of Current Events.
Public Information Officer Al Bravo commented on 2 annual events that took place this past
weekend:
Earth Day at Earth Heart Park, held at Horizon Health and Wellness, where thousands of
ladybugs were released.
Library Con, a very popular event held for enjoyment of all features and services provided by our
local Library.
Other upcoming events to be aware of:
Saturday, April 8, 2023,Annual Easter Egg Hunt at Prospector Park, begins at 9:00 a.m.
Saturday, April 15, 2023, Battle of the Badges (Apache Junction Police Department vs
Superstition Fire and Medical District), Prospector Park located at 3015 N. Idaho Road, Field 1,
from 9:00 a.m. - 1:00 p.m. This is an annual fund raising event for StandUpAJ.org.
Special mention was made of the closure of Dutchman Dog Park from April 10th- May 15th for
maintenance.
A tradition has returned for the Police Department, with Officers going through uniform
inspections. This portrays the professionalism of the Apache Junction Police Department, and
the spirit of the Officers wanting to give their best in all areas. This will now be an annual
inspection event.
Mr. Bravo reminded everyone of the famous cougar shadow that appears on Superstition
Mountain during this time of year around sunset each day.
For all current and future events go to www.apachejunctionaz.gov. Here you can also
subscribe to the city newsletter and automatically receive a weekly update.
Mayor Wilson attended the Mountain View Cemetery event recognizing Vietnam War Veterans.
Governor Hobbs was also in attendance. This was an opportunity to recognize veterans that
had returned from the Vietnam War. Mayor Wilson had been asked to give a short speech at the
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City Council Meeting Meeting Minutes April 4,2023
event, which Councilmembers Johnson and Heck commended and thanked him for his special
attention and heartfelt appreciation he gave to the veterans.
The event precedes the 50th anniversary of the end of the Vietnam conflict, which was in March
of 1973 when the battles of Vietnam ceased.
H. PUBLIC HEARINGS
10. 23-140 Consideration of application for a new Series 10 Beer and Wine Store
Liquor License for Cigar Smoke &Vape, located at 1000 W Apache
Trail, # 101, Apache Junction, AZ. The next step in the process is for the
council to hold a public hearing on the application and make a
recommendation of approval or denial to the Arizona Department of
Liquor License and Control.
Councilmember Soller moved,seconded by Vice Mayor Schroeder that the new application for a
series 10 Beer and Wine liquor license for Cigar Smoke and Vape located at 1000 W.Apache
Trail,#101, be recommended for approval to the Arizona Department of Liquor Licenses and
Control.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City Clerk Jennifer Pena stated the city received a Series 10 liquor license application from
Cigar Smoke and Vape on February 27, 2023. The business is located at 1000 W. Apache Trail,
# 101, Apache Junction, AZ.
Ms. Pena informed a Series 10 liquor license is not a quota license, and is non-transferable. It is
strictly for off sale retail privileges of beer and wine only, to be taken off premise for
consumption. The property was posted on March 7, 2023, giving notice of tonight's Public
Hearing. Our Posting requirements have been met at this time. Responses have been received
from Planning and Zoning, Building Safety, Police Department and Superstition Medical and Fire
District. All four entities recommend approval, with an additional recommendation to the
applicant from Planning and Zoning that the parking lot be re-striped, and at least one (1)
compliant, ADA accessible parking space and loading zone be delineated on the south side of
the building.
The applicant was in attendance but had no further comments.
Mayor asked if council had any comments. Receiving none, he opened the public hearing.
Receiving no comments from the public, he closed the public hearing.
I. OLD BUSINESS
J. NEW BUSINESS
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City Council Meeting Meeting Minutes April 4,2023
11. 23-177 Presentation and discussion on the State of the Court by Judge LaSota
regarding: administrative staff changes, court programs (homelessness
and mental health court), Rule 11 defendants and protocol, court rule
mandates on arraignments and other phases of criminal procedure,
defense attorney assignments/contracts,jail sentences and jail costs,
court facility modifications, security staff, and budget.
Judge Aaron LaSota gave an update on the State of the Court. He shared the following changes
and improvements:
Administrative staff
• Court programs to address homelessness and mental health
• Defendants and protocol
• Court rule mandates on arraignments
• Jail sentences and involved costs
• Facility modifications, including security staff
12. 23-161 Presentation and discussion on RFP #23002, Library Shelving, for an
amount not to exceed $162,476.60.
Library Director Pam Harrison, in tandem with Purchasing Administrator Kimberly Heldt
presented information on RFP#23002 for new library shelving. The current shelving has been
used since the Library was built in 1986, and is need of replacement.A Notice Inviting Bid
Proposals was issued in November 2022, and two (2) sealed bids were received. These
responses were from AADS Office Solutions in an amount of$ 147,706.00, and Arizona Office
Furnishings in an amount of$ 562,438.48. Staff reviewed the proposals based on the specifics
listed in the Notice Inviting Bid, and recommends award of contract be granted to AADS, in the
amount of$162,476.60, which does include a 10% contingency.
When asked by council why the large cost difference in proposals, Purchasing Administrator
Heldt responded that Arizona Office Furnishings included items that were not requested in the
scope, but these items included were not'optional', according to the bidder. She clarified that
even if these 'optional' items were to be removed from the proposal, the RFP specifications and
cost would still lead for the contract to be awarded to AADS.
One further question from council was whether this proposal included the removal of existing
shelving, and was confirmed that it does.
13. 23-178 Presentation and discussion on entering into agreement with Riddle
Painting and Coatings Corporation for exterior weatherization for city hall
not to exceed $182,998.70 utilizing Mohave Contract#20A-Riddle-0404.
Administrative Services Manager Heather Hodgman explained this project is part of the
preventative maintenance to the city hall exterior. The last time city hall was weatherized and
painted was in 2014. Overtime, leaks have developed in various departments so a test was
performed to determine where water is being absorbed into the stucco. Due to damage caused
by rain, deterioration of the stucco has occurred and more than just painting is required. The
work will entail pressure washing the entire building exterior concrete, masonry, metal, wood,
and stucco surfaces. It will include repairing all stucco surfaces as needed, remove and replace
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes April 4,2023
existing sealants at all expansion and construction joints, window frames, door frames and seal
all penetration areas. An elastomeric product will be applied,which provides a water protrusion
warranty. In addition, the vendor is including a 10 year warranty on the work performed.
Staff is requesting to enter into an agreement with Riddle Painting and Coatings, Corporation in
an amount not to exceed $ 182,998.70, with use of the Mohave contract#20A-Riddle-0404.
This item will return to the April 18th council meeting for a decision by council.
14. 23-180 Presentation and discussion on code of conduct, conflicts of interest law,
open meeting law, parliamentary procedures, and public record law by
the city attorney.
City Attorney Joel Stern presented, as a refresher for council, the various legal ethics and
meeting laws. He explained that as a council member, this does not mean their loss of First
Amendment Rights. Mr. Stern gave in-depth examples, and the possible consequences if this
conduct is misused, or a member is acting out of scope. He reminded council they should not
have discussion with litigants. Things they say can be misconstrued, and they could be
subpoenaed.
The presentation continued with explanation from Mr. Stern regarding the laws covering conflicts
of interest, open meeting and public records, as well as the parliamentary procedure.
K. COUNCIL DIRECTION TO STAFF
L. CALL TO PUBLIC
George Schroeder, 2444 W. Virginia Street,Apache Junction expressed his concerns with the
current animal control department. He also commented on the squatters and the trash in our
neighborhoods.
Jeremy Jackson, 1353 S. Belair Road,Apache Junction addressed the council with thanks for
allowing citizens to express their concerns and comments, and requested if he, or anyone else
abuses this process that they be removed from the podium.
Tim LaBorde, 2234 W. Windsong Street, Apache Junction recently requested to erect a steel
building on his property. He is concerned with the city's current zoning regulations based on lot
size and other requirements that regard steel buildings.
Council requested further information be given on the background of the zoning regulations for
steel buildings in Apache Junction city limits.
M. ADJOURNMENT
Mayor Wilson adjourned the meeting at 9:22 p.m.
City of Apache Junction,Arizona Page 6
City Council Meeting Meeting Minutes April 4.2023
ACCEPTED THIS DAY O . 2023. BY THE MAYOR AND CITY
COUNCIL OF THE CITY OFAPACHE JUNCTION, AR|ZDNA.
SIGNED AND ATTESTED TD THIS DAY OF . 2023.
VVALTER^CH|P''VV|LS[}N
Mayor
ATTEST:
JENN|FERPENA
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
day of 12023. | further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of . 2023.
JENN|FERPENA
City Clerk
City vr Apache Junction,Arizona Page
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
File ID: 23-179
Sponsor: Heather Hodgman Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Consideration of approval of entering into an agreement with Riddle Painting and Coatings
Corporation for the exterior weatherization for city hall not to exceed $182,998.70 utilizing the
Mohave Contract#20A-Riddle-0404. This item was previously presented and discussed at the
city council meeting held April 4, 2023.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
t
Public Works Department
Home of the Superstition Mountains
Date: March 22, 2023
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Ted Wolff, Public Works Director
From: Heather Hodgman, Administrative Services Manager
Subject: Riddle Painting & Coatings Corporation- City Hall
The city is working on the preventative maintenance of City Hall exterior. The work will entail
pressure washing the entire building exterior concrete, masonry, metal, wood, gyp board and
stucco surfaces. It will include repairing all stucco surfaces as needed, remove and replace
existing sealants at all expansion and construction joints, window frames, door frames and seal
all penetrations.
Riddle Painting will be applying an elastomeric product which is considered true weatherization
and has a water protrusion warranty. It is a latex product that is thicker, rubbery, stretches and
it will act as a moisture barrier.
There will be a ten (10) year warranty on the elastomeric paint. The work will be through
Mohave cooperative agreement contract#20A-Riddle-0404.
Staff respectfully requests entering into an agreement with Riddle Painting & Coatings,
Corporation in the amount not to exceed $182,998.70.
575 E. Baseline Avenue, Apache Junction,AZ 8521.9
• Voice (480) 982-1055 • FAX(480) 983-5752 or (480) 982-8005
CITY HALL WEATHERIZATION AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND RIDDLE PAINTING & COATINGS
CORPORATION
THIS AGREEMENT Is made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and RIDDLE
PAINTING & COATINGS, CORPORATION, an Arizona corporation,
("Contractor"), sometimes collectively referred to as the"Parties" or Individually
as the"Party".
K91TALS
A. Contractor asserts Its willingness, ability,and qualifications to provide
masonry and stucco surfaces with new coatings (the "Work") for City
Hall Exterior Weatherization, located at 300 E Superstition Blvd,
Apache Junction, AZ 85119, Public Works Building Maintenance
Project#PWB 23-07 (the"Contract Documents") (See Exhibit A).
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor
shall render such Work.
C. City has compiled with the public bidding requirements under Arizona
Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Cade
Vol. 1, Chapter 3, Administration, Article 3-7, Prgg cement
Procedures, or such work Is categorically exempt from such process.
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, detailed in
Exhibit A.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount not to exceed One Hundred Eighty-Two
Thousand Nine Hundred and Ninety Eight Dollars and Seventy Gents
($182,998.70) (the "Contract Sum") for the performance of the Work under the
Contract Documents except for changes authorized by properly executed
change orders. 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. Upon notice that the Work is ready for final inspection or acceptance, a
City representative shall promptly cause an Inspection to be made, 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. Final payment shall not become due until the Contractor
submits to the City all required lien waivers, releases and any other data
establishing payment or satisfaction of all Contractor's obligations, If any
subcontractor refuses to furnish a release or waiver required by City,
Contractor may furnish a bond to indemnify City against any such lien. If any
such lien remains unsatisfied after all payments are made, Contractor shall
refund to City all monies that the latter may be compelled to pay in discharging
such liens, Including all costs and reasonable attorney fees.
3. CONTRACT TERM: The Term of this Agreement begins April 9, 2023
with a completion date of June 30, 2023.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.
S. INBPECTiONS AND QUAiLITY OF WORK. Contractor understands
and agrees that inspection of the Work performed hereunder will 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
without requirement of a change order or any additional charge or cost to City
whatsoever.
6. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of ten (10) years on the manufacturer
warranty for restoration services 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 construction shall not be deemed an acceptance and Contractor will be
required to correct defective work or materials at any time before final
acceptance. Within one (1) year from the date of final acceptance due to faults
In workmanship or materials, Contractor shall begin making the necessary
2
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 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, consumer,
transaction privilege, 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 rather 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. City permits for this Work will be provided to
Contractor at no cost. Contractor represents and warrants that any license
necessary 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. 1,
and keep such license current during the term of this Agreement and after
termination of this Agreement any time work Is performed pursuant to the
warranty provisions set forth In Section 6. Contractor also acknowledges that
the tax provision of the Apache Junction Tax Code, Chapter SA, may also apply
and if so, shall obtain a transaction privilege license and/or other licenses as
may be required by the city code. Any activity by subcontractors within the
corporate city limits will Invoke the same licensing regulations on any
subcontractors, and Contractor ensures Its subcontractors will obtain any and
all applicable licenses, Further, Contractor agrees to pay all applicable
privilege and use taxes that are applicable to the activities, products and
services provided under this Agreement,
9. INDEPENDENT CONTRACTOR:Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
3
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 materials under
any contract document.
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 wont is performed.
11. PROGRESS SCHEDULE. Contractor shall, immediately after
entering into this Agreement, generate an estimated progress schedule, which
shall be maintained and updated during the project. Work may progress during
regular City business hours only if it is determined by City not to disturb normal
operations.
12, INDEMNI -CATION: 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, {Mork or
services of Contractor, its agents, employees, or any tier of Contractor's
subcontractors in the performance of this Agreement, but only to the extent
caused by the negligence, recklessness or intentional wrongful conduct of
Contractor or its subcontractors in the performance of this Agreement or any
subcontract. Contractor'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 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
4
whose acts, errors, mistakes, omissions, Work or services Contractor may be
legally liable. The amount and type of insurance coverage requirements set
forth herein will in no way be construed as limiting the scope of the Indemnity in
this paragraph.
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 matte 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 attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
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++fi, 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.
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.
5
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 City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Uability
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
00011093, or the equivalent 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
6, CG 20101185, or the equivalent thereof, and shall Include coverage for
Contractor's operations and products and completed operations.
If required by this Agreement, if Contractor sublets any park of the Work,
services or operations, Contractor shall purchase and maintain, at all tunes
during prosecution of the Work, services or operations under this Agreement,
an Owner and Contractor's Protective Liability insurance policy for bodily injury
6
and property damage, including death, which may arise In the prosecution of
Contractor'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
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 non-owned vehicles assigned to or used in performance of Contractor's
work. Coverage will be at least as broad as coverage code 1, "any auto",
(Insurance Service Office, Inc. Policy Form CA 00011298, or the equivalent
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 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, Contractor certifies as follows:
"I am aware and understand the provisions of A.R.S. § 23-900 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 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.
7
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 insureds), 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,86119.
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 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.
16, CHANGE ORDERS, A change order is a written order to Contractor,
approved by a City representative, issued after execution of this construction
agreement authorizing a change in the Work or an adjustment in the
construction agreement sum or the construction agreement time. A change
order signed by Contractor Indicates his agreement therewith. City may,
without invalidating this construction agreement, order changes in the Work
within the general scope of this construction agreement consisting of additions,
deletions or other revisions, the construction agreement sum and the
construction agreement being adjusted accordingly. All such changes in the
Work shall be authorized by Change Order and shall be performed under the
8
applicable conditions of this construction agreement. City representative shall
have authority to order minor changes In the Work not Involving an adjustment in
the construction agreement sum or extension of construction agreement time
and not inconsistent with the intent of this construction agreement. All such
changes shall be effected by written order and shall be binding upon City and
Contractor. All change order disagreements of the Contractor shall be
submitted in writing to the City Manager within five (5) calendar days after the
difference of opinion or grievance occurs. Within five (5) calendar days of
receiving a written grievance, the City Manager shall respond in writing to the
Contractor and city staff representative. The City Manager's decision shall be
final and binding.
17. SUCCESSORS, ASSIGNMENT $c DELEGATION: City and Contractor
each bind themselves, their partners, successors, assigns and legal
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 the duties hereunder, without the written consent of the other, nor
shall Contractor assign any monies due 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 DAMAGI..S: 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. TIGHTS 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.
9
22. FORGE 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 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 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 city manager or his or her designee,
believes Contractor has failed to meet the terms of this Agreement. City shall
provide Notice of Termination to Contractor by +Certified U.S. Mail ten (1 Q)
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
10
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 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. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor 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.
27. SEVEIRABILITYt 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.
28. TIME IS C3F THE ESSENCE; Time is of the essence with respect to
all provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
°l�
29, CONFLICT OF INTEREST. The provisions of A.R.S. § 38-511
relating to cancellation of contracts due to conflicts of Interest shall apply to this
contract.
30. PRQHIBITION TO CONTRACT WITH CONTRACTORS WHO
ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge
A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities
from contracting with Contractors who engage in boycotts of the State of Israel.
Should Contractor under this Agreement engage In any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of law. Any such boycott Is a material breach of contract.
31. 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. § 41.4401, Contractor hereby warrants its compliance
with all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(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. § 23-
214(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. 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 274E of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. § 23-214(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.
IN WITNESS WHEREOF the Parties hereto have caused this
Agreement to be signed by their duly authorized representative as of this
day of
12
CONTRACTOR:
RIDDLEICOATINGS
CORPORATION, n A " ara can
y: t"
,.
CITY::
CITY OF APACHE JUNCTION, i ,
an Arizona municipal<+ oration
y:Walter"Chi I'W Ilan
I a err ,...w
ATTEST:
Jarrrtifer Para
City Clerk
APPROVEDTO FORM:
Richard J. Stern
City Attorney
EXHIBIT A
14
RKilddle
Painting a Coatings,Co.
4010 North 276 Avenue Phoenix,Arkona 85M7,Ph.-602-277-34GI.Fox 002-266-8470
JK Apache Junction City Hall/Municipal Complex T& City of Apache Junction
Exterior Weatherizatton M E.emilne Ave.
300 E Superstition Blvd. Apache Junction,Arizona 85119
Apache Junction,Arizona 85119__ -
ATT14: Larry Dewitt
480.797307
DATE 9/30/22 to MD:
fie al
Coatings
Akerniftt N/A
SCOPE * Clean/pressure wash all buildings exterior concrete,masonry,metal,wood,
gyp board and stucco surfaces.
• Repair stucco surfaces as needed to match existing.
• Remove and replace existing sealants and backer rod at all expansion and
consinvdion,joints,window frames and door frames and seal all
penetrations.
• Remove and replace sealants at building perimeters.
• Dig down to footing and apply water proofing.
• Prep and coat all masonry and stucco surfaces with now coatings.
• Prep and seat stone veneer with Rain Guard block lock.
• Prep and paint HM doors&frames,window frames one side,roof ladders,I-
beams,canopies,WI fencing,handralls,gates,bollards and coping cap In
colorTOD.
EXCLUDES- Bonds,Interiors,prefinished metals,and any other painting and coatings not In the
above scope of work.
lor r1 c� srtr� �cFror . .a ,� .� �fidtr�� �c� � � rs.
"here isSubmitted By year warren 'are tt 1nr
ddie Serna
1
RIDDLE PAINTING&-COATINGS,CO. ATTN:Larry Dewitt
4010 N.27th Ave Phone, 48D.797.3437
Phoenix A7.85017 Date!09130/22
Phone.J602)2773461
Fax:(602)266-8470 Fax/E-mail:
Prepared by, Eddie Sema
MOHAVE 00tn ;20A.Rlddlb-04"
MOHAVE Sit)
Unk Price;
Una# Product Su6ftal& costs "it Total
!t2M1_.2 Rairowd 8K-4k(191!Wth Hkm sat�, Stone Veneer 2 $i.d3 8500 $12,1$S.00
Stucoo/cmu 1 %42 6220 $21,392AO
$42W4rr3 StucogXMU 2 $0.89 65220 $S%Q4SA0
aza!HPA Metal Canopies 2 $0.74 4970 0,677,80
$0,00
$0.00
S0100
$_000
$0110
ADDITIONAL PIRIONG ftoo
MDIM EMENS=
—potkunthw ke,g"ow"ORfm Maui 2 S12moo 14 $1,6110,00
CMU/Stucco 1 $0,10 78690
J%._00 400 A5,000-00
OR 2�o" 4 PA Metal 2 $615 200 $1,250.00
7
Metal 2 OW-0 700
$14 1 mm kbol'sw" Metal 2 —WO-0 I510 S71550.00
lot WAND MA PM-01meul I $6.00 SNO $35,60.66
M t Av%wk wow U*00W Metal 2 $0160 4 $2,246AD
$0,00
$0.00
$0.00
.00
$0,0D
SOW
$0.00
�.00
%00
$0.00
WOO
$0,00
.00
IForemon 10O
Man 04" State Rate F:_ Total $0.00
IForeman IMME I
Ds week Month Unit Price —Tatol
C." lew(;as amm Man Lift1 $459240
$d=r LIN i
other S0.00
Prepared 8yc Eddie serrw Taxable Amftnt $IA"&70
WesTax coos $(koe
Subtotal $24M,70
235% $000
Bonds are optional.Performance and Payment bonds are available upon request Contingency Mont" $0,00
and are chariged to the member. Prolact Total $182,9011,70
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 23-188
Sponsor: Pamela Harrison Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Consideration of approval of award to AADS Office Solutions for RFP#23002, Library Shelving,
for an amount not to exceed $162,476.60. Funding from the American Rescue Plan Act of 2021
will be used for this procurement. This item was presented and discussed at the city council
meeting held April 4, 2023. This item was previously presented and discussed at the city
council meeting held April 4, 2023.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City of Apache Junction
' Home of the Superstition Mountains
DATE: March 21, 2023
TO: Mayor and City Council
THROUGH: Bryant Powell, City Manager
Leslie DeReche, Finance Director
FROM: Kimberly Heldt, Purchasing Administrator
SUBJECT: Library Shelving RFP #23002
The Apache Junction Library's current shelving system in the North Wing needs updating
and replacement due to the age and level of functionality offered by the current shelves.
New shelving will create a more open and welcoming layout in the North Wing with
shelves that are shorter and contains a variety of modern styles.
To meet the needs of the library, the city issued a Notice Inviting Bid Proposals #23002, on
November 3, 2022,with a reply deadline of November 30, 2022 at 3:00 p.m.Two responses
were received as follows:
AADS Office Solutions $ 147,706.00
Arizona Office Furnishings $ 562,438.48
Staff reviewed the proposals for proven technical ability, qualifications/experience,
proposed solution/method of approach and pricing. AADS Office Solutions was deemed
the most responsive and responsible bidder.
Staff requests council award the contract to AADS Office Solutions, including a 10%
contingency fee for a total amount not to exceed $162,476.60.
The funds for this project are allocated in fiscal year 2022-2023 with the use of American
Rescue Plan Act of 2021 ("ARPA") revenues made available by the Federal government.
CITY OF APACHE JUNCTION
AGREEMENT FOR LIBRARY SHELVING
PROJECT NO. 23002
THIS T is made as of the 1 `h day of April 2023 (the "Effective
Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal
corporation ("City"), and AADS OFFICESOLUTIONS I 'L an Arizona limited
liability any, ("Consultant"), both of whiche hereinafter referred t
collectively as the "Parties", or individually as "Party".
RECITALS
A. City esires to retain a consultant to assist in a comprehensive work
describedin the it 's request for proposal (the " F " and response both being
considered the "Contract Documents") via RFP No. 23002 and to make payment
for the same, in accordance with the terms and conditions set forth in this
Agreement, including all attachments and addenda is are appended hereto
by mutual agreement of the Parties.
B. The open market procedures have been satisfied to the extent they
apply.
C. The Parties have set forth below contemplated services Consultant will
provide City, including ent terms for such services and products.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, n other good andvaluable
consideration, the receipt and sufficiency of whichre hereby acknowledged,the
Parties agree as follows:
1® T' I Consultant agrees to perform the
professional services detailed in RFP No. 23002.
® COMPENSATION: In accordance with the terms andconditions of
this Agreement, City shall compensate Consultant for professional services in an
amount not to exceed One hundred sixty-two thousand four hundred seventy-six
dollars and sixty cents ( 1 2, s ), which includes a 10% contingency fee for
any change orders, in accordance with the price sheet set forth in Exhibit
® CONSULTANT ILiConsultant 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 ( ) calendar days of the date of receipt,
4. g The termi it 18,
December2023 and ends on 31, 2023. Followinginitial r , the Parties
not renew or extend thisAgreement.
® I I furnish
with all data, information i ices specified in ExhibitA.
® CONSULTANT'S STANDARD OF PERFORMANCE: While performing
the services, Cons Itant shall exercise the reasonableprofessional r ill
customarily i reputable members of Consultant'sprofession
practicing in the Phoenix !i rshall use reasonable ili
and best judgment while exercisingprofessional ill and expertise,
ConsultantIl be responsible for all errors and omissions1commits
in the performance of thisAgreement.
® I 1 notices to a Party required r this Agreement shall
be in writing and sent by first class certifiedmail, postage prepaid, return receipt
requested, addressed to the following:
If to City: iLibrary
Pamelari
1177 N.
Idaho Rd.
Apache Junction, AZ 85119
Consultant:If to iSolutions
Melissal
2136 E. Mountain Sky Ave.
Phoenix, AZ 85048
. Consultant, at its own expense, shallpurchase
maintaini stipulated ii insurance ith companies dulylicensed,
possessingr t i , or approved unlicensedi
the State of Arizonai li ies and forms satisfactoryCity.
All insurance requiredherein ll be maintainedin full force and effect untilt
work or servicerequired r r the terms of the Agreement i
satisfactorily c1 l a failure to do so may, at the sole
discretion of 1 , constitute a materialr i Agreement.
insurance shall be primaryinsurance the City, and any
insurance or self-insurance i ined by City shallcontribute i .
Any failure with ireporting provisions insurance l i
breachor any insurance licy warranty shall not affect coverage afforded
under the insurance policiesCity.
2
e insurance policies, except Workers' ens ti , shall contain a waiver of
transfer rights of recovery(subrogation) against City, its agents, officers, officials
and employees for any claims risi t of Contractor's acts, errors, mistakes,
omissions, work or service.
The insurance policies may provide coverage is contains ci I r self-
insured retenti n . Such deductible and/orself-insured retentions shall not be
applicable with respect to the coverage pr vi i under such policies.
Consultant sIl be solelyresponsible for the deductibleand/or self-retention and
City, at its option, may require Consultant to secure en of suchuci ! s
or self-insured retentions a surety bond or an irrevocable and unconditional
letter of credit.
City reserves the rightto request n to receive, within t (1 ) working days,
certified copies of anyor all of the herein required insurance licies 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, it 's right t
insist on strict fulfillment of Consultant's obligations under this Agreement,
The insurance li ies, except Workers' Compensation and Professional
Liability, required is Agreement, shall name City, its agents, officers, officials
and employees as Additional Insureds.
REQUIRED
Commercial en r l Li ili
Consultant shall maintain Commercial General Liability insurance with a limit o
not less than $1,000,000 for each occurrence with a $2,000,000
Prod ucts/Completed Operations Aggregate and a $2,000,000General Aggregate
limit. The policy shall include coverage for bodily injury, broad form property
damage, rson I injury, products and completed operations and blanket
contractual coverage including, t not limited o, the liability ssuunder the
indemnification pr visi ns oft is Agreement, which coverage will be at least as
broads that on Insurance Service Office, Inc. Policy Formo. CG 00011093, or
the equivalent thereof.
Such policy shall contain a severability of interest provision and shall not contain
sunset provision or commutation clause, nor any provision which wouldsere
o limit third arty action over claims.
e Commercial General Liability iti n I insured n orse en shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, or ,
CG 20101185, or the equivalent thereof, and shall include coverage for
Consultant's operations n ro ucts and completed er do s.
If required this Agreement, i _Consultant
r operations, Consultant shall purchase and maintain, at all timesduring
prosecutionr , services or operationsi
Consultant'sand rLiability insurance policyr bodily injury
property , including i arisei prosecution
Consultant'sservicer _operationsi l
basisbe an an occurrence i limit not less than $1, , r occurrence,
policyand the issued by the same insurance issues
Consultant's i Liability insurance.
Automobile Liability
shallConsultant i in Commercial/Business Automobi i i i insurance
with a combinedi i itfor bodily injury r
$1,000,000 each occurrence i respect to Consultant'shired,
vehicles i r i twork.
Coverage , "any ", (insurance
Service , Inc. Policy , or the equivalent
insurance shallinclude r r loading and off-loading . If
hazardousri , or wastes are ,
endorsement shall be included and $5,000,000i i i r bodily injury
propertyand 11 .
Workers' Compensation
ConsultantI1 carry Workers' Compensation insurance
_ cover obligations
imposed by federal and state statutes havingi i i '
employees engaged in the performance of the work or services; Employer's
Liability insurance of not less than $100,000 for each accident, $100,000 disease
diseasefor each employee, and $500,000 li limit.
executionBy i , Consultant certifiesfollows:
awareN am " rstand the provisi
whichit insured inst liability for
workers' compensation or to undertake self-insurancein accordance
with the provisionsi , and I will comply with
provisions i
Agreement."
employeesIf Consultant has no r whom workers' compensation insurance i
required, 1 I! submit a declarationaffidavit istating
obtaincovenanting to insurance 1
coverage.employees subject to
4
In caseor is subcontracted, ConsuIt n ill require subcontractors to
provide r r ' ion and Employer's Liability insurance to at least the
same extent s required f Consultant.
Professional i ility
Consultant retained by Cityprovide r or service required i
Agreement ill maintain Professional Liability insurance cov rin c s, errors,
mistakes issiarising out of the workr services performed by
Consultant, or any person employedConsultant, with a limit of not less than
$1,000,000 each claim.
Certificates of Insurance
Prior to commencing workor services under this Agreement, Consultant shall
furnish City withCertificates of Insurance, or formal endorsements as required
by the Agreement, issued Consultant's insurers), as evidence that policies
providing the required ver es, conditions n limits required by this
Agreement r in full force and effect. The forme certificates insurance
and endorsements shall be subject to the approval of the Apache Junction i
t r ice, shall comply withthe terms of this Agreement, and shall
issued and deliveredto City Attorney, City of Apache Junction, 300 East
Superstition ul v r e Junction, 11
In the eventn insurance olicies required this Agreement"are writtenn
"claims made" basis, coverage shall extend fort ) years past completion and
acceptance of Consultant's work or services and as evidenced nnu l
Certificates of Insurance.
If a policys expire during the life f the Agreement, a renewal certificate t
e sent to Citythirty ) calendar aye prior to the expiration
All Certificates of Insurance shall be identified ith bid serial number and title,
Policies or certificates and completed forms it 's Additional Insured
Endorsement r a substantially equivalent insurance company form acceptable
tote City Attorney) evidencing the coverage required y this section shall be
filed withe City andIlinclude the City as an additional insured. e policy
or policies shall be in the usual form of a public liability insurance, but shall also
include ollo in provision:
"Solely s respects work done by or on behalf of the named insure
r the Cityf Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under thispolicy."
Insurance required erein shall not expire, be canceled, or materially changed
without thirty ( ) calendar days' prior written notice to City.
VENUE:9. APPLICABLE LAW AND The _ ii
Agreement shall be governedi_ r ri i
the State of riactionons of this
r inequity either r the
purpose of enforcing i i in i ,shall be tried
in a court of jurisdiction i , parties
waivehereby l provisions in such
proceedingi t party shall bring suit
enforce any term of this Agreement or to recover
of the breach of any term or condition in thisr , it is mutuallyagreed
the prevailing pin such actionincluding: l litigation
expenses,and appeal collection expenses, reasonable attorney fees,
witness necessary
i in such action.
10. FORCE : Neitheri ,
consideredshall be _ its obligationsiAgreement
in the event of enforced "Enforced Delay") due to causes beyond its
control i its faultnegligence r failure to complyi i !
laws, including, but not restri , acts of God, fires, floods, epidemics,
pandernics, quarantine, restrictions, r , rdisputes,
severedelays_ subcontractorsit
publiccauses, acts of a r, terrorism or act of terror (including
limited to bio-terroi or r i , nuclear radiation, ,
insurrection, i r striker interruption, extortion, similar
occurrencer any exerciseidomain of any governmental
body on behalf of any public entity, or a declarationmoratorium r similar
hiatusi i directly i
the obligationsresultingr i Agreement. 1 V i r include
delay _ unavailability , or the
unavailability r any reason of particular , subcontractors, vendors
r investors desiredin connectioni li i i
agreesAgreement. Consultant ill bear all risks
whichroccurrence
Enforced1 , the timei r performance of the obligations
claiming1period ; provided,
seekinghowever, that the Party wt of the provisionsi i 1 ,
within ti r such Party knows or should know of any such
Enforced Delay, ' i r Party of the specific1 in writing
claimight to an extension for the periodprovided
further that in no event shall a periodninety
calendar
11 TERMINATION: This Agreement may be terminatedeither
rwritten i ® If thisr i
terminated, i imbursed from Consultant the amount paidt any
undelivered / roducts or services. Upon termination, City
6
agrees to pay for all delivered, properly invoiced vic s that
were providedannounced Termination Date.
. the fullest extent permittedlaw,
Consultant shall defend, indemnify of harmless City, its board members
and appointedofficers, officials, agents, and employeesr i s y and
all liability including but not limited n s, claims, actions, fees, costs and
expenses, including ttor y and expertwitness fees, arising fromr connected
with, or alleged to have arisen fromr connected with, relating to, arising out of,
or alleged to have resulted fromacts, errors, mistakes, omissions, r
services ns I t, its agents, employees, or any tierf Consultant's
subconsultant in the performanceoft is Agreement, but onlyto the extent caused
by the negligence, recklessness or intentional wrongful conduct of Consultant or
its subconsultants in the performance of this Agreement or any subcontract.
Consultant 's duty to defend, hold harmless and indemnify it , its board
members and appointedofficers, officials, agents, and employees shall arise i
connection with any torti us claim, damage, loss or expense that is attributable
to bodily injury, sickness, disease, death, or injury o, impairment, or destruction
of propertyincluding loss of use resulting r fr , caused by an Consultant 's
acts, errors, mistakes, omissions, work or services in the performance of this
Agreementincluding n employee s It , any tier of Consultant '
subconsultant or any other person for whose acts, errors, mistakes, omissions,
Work or services Consultant may be legally liable. The amount and type of
insurance coverage requirements set forth hereinill in no way be construed s
limiting scope e indemnity in this paragraph.
1& TAXES: Consultant shall pay all license, sales, consumer,
transaction prule e, use and other similar taxes for services provided by
Consultantis are legally enacted at the time the obligations under this
Agreementre performed.
PERMITS14 less otherwise providedin this Agreement,
Consultantshall secure and payr all applicable permits, government fees,
licenses and inspections necessary for the proper execution andcompletion
services whi re customarily secured after execution of the Agreement.
Consultant shall give all notices and comply it all laws, ordinances, rules,
regulations and lawful orders of any public authority bearingn the performance
of the obligations. nsultant represents and warrants that any license
necessary to performservices under this Agreement is current andvalid.
Consultant erst n s that the activity described e i constitutes "doing
business in the City of ApacheJunction" and Consultant agrees to obtain
business license ursu nt to Chapter 8 of the Apache Junction City Code, Vol. 1,
and keepsuch 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 applyn if so, shall obtain a transaction privilege licenseand/or
Cher licenses as may be required it applicable laws. Further, Consultant
7
applicableagrees to pay all riilege and use taxes that are applicable
activities, i provided i
® r, payroll,
pertaining and other costs
is Agreement shall be kept on a generally recognizedaccounting
basisit inspection
maintain records r a period1east two (2) years after termination of this
Agreementll make such records availableduring retention i
examination r audit by Cityi during regular business hours.
Nothing16. RIGHT OF CITY TO CONTRACT WITH OTHERS: i
Agreement shall imply i is obligatediservices described herein
with only thisparticular ,
17. INDEPENDENT CONTRACTOR: City and Consultant agree
understand that the relationship i is that of an independent
contractor.
18. WAIVER OF TERMS AND CONDITIONS: The failure of Cityr
Consultant to insist in any one or moreinstances
terms r conditions of thisr to exerciseiprivilege
containedi thereafter waiving such terms,
conditions, rights r privileges, and they shall remain in full force ,
19, COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant
acknowledgesunderstands and i ility of the American withDisabilities
Act, the Immigration Reform and Contrl Act of 1986 and the Drug Free
Workplacer i r this Agreement.
41-4401, Consultant hereby warrantsits compliancei
l federal immigration laws and regulations relate to its employees
Consultant further warrantshiring ,
Consultant will verify 1eligibility
E-
Verify program. If 1 subcontractors in performance
services, r 1 warrant their compliance withIfederal
immigration laws and regulationsits employees and A.R.S.
further warrant that after hiringemployee,
verifiessuch subcontractor liiiiemployee
the E-Verify program. r is warranty shallmaterial
penaltiesbreach of the Agreement that is subject to including
termination of i reement. Consultant i r day
for the first violation, r day for the second violation, $1,000 per day
for the third violation. City at its optioni is Agreement after the
third violation. l not be deemed in materialr i
Agreement if the Consultantand/or subcontractors establishiwith the
employmentverification provisifederal
Immigration and Nationality i itements contained iA.R.S.
{ . City retains legal right to inspect ers of any Consultantr
subcontractor to e who works under this Agreement to ensure that the
Consultant or subcontractoris complyingwith the warranty. Any inspection ill
be conducted r reasonable notic t reasonable times. If state law is
amended, the Parties may modifyis paragraph consistent with state law.
ENTIRE20. is Agreement andnattachments
represent the entire agreementbetween City and Consultantsupersede
prior negotiations, representations r agreements, either express or implied,
writtenororal, It is mutually understoodr a no alteration or variation
of the terms andconditions of this Agreement shall be validunless made in writing
and signed Parties hereto, Written andsigned amendments
automatically ecome part of the SupportingDocuments, and shall supersede
any inconsistent provision therein; r vi , however, that any apparent
inconsistency shall be resolved, if possible, by construing the provisions as
mutually complementary an e enar .
1. I ITY: City andConsultant eli v t the execution,
livery and performancethis Agreement are in compliance wit ll applicable
laws. However, in the unlikely event t any provision of this Agreement is
declared void r unenforceable (or is construed as requiring itact i
violation of any applicable laws, including any constituti I provision, law,
regulation, or city code), such provision shall be deemed severed from is
Agreement anthis Agreement shall otherwise remain in full farce and effect;
provided that this Agreement shall retroactively be deemed reformed e
extent reasonably possi le in such ner so that the reformed r e t
any related r e is effective as of the same date) provide essentially the
same rights and benefits (economic ter ise) tote Parties as if such
severance and reformation r not required. nless prohibited by applicable
laws, the Partiesfurther shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish
to give effect to the purposes of this Agreement, as reformed.
22. SUCCESSORS- ASSIGNMENT & DELEGATION: City nsult t
each bindthemselves, their partners, successors, assigns and legal
representatives o the other ereo and tote partners, successors,
assigns and legal representatives of such other Party in respect to all covenants,
agreements and obligations contained in this Agreement. Neither Party to the
Agreement shall assign the Agreement or sublet it as a whole or delegate the
duties hereunder, without the written consent the other, nor shall Consultant
assign any monies due or to become due to it without the previous written consent
of City.
23. ACCURACY OF WORK: Acceptance services or work by Cityshall
not relieve Consultant of the responsibility for subsequent correction of anysuch
errors and the clarification of any ambiguities. onsltnt shall make all
necessary revisions or corrections resulting from errors and omissions on the
part of Consultant withoutadditional i
24. 1 : Time is of the essence with respect to all
provisions in thisAgreement. Any delay in performancei ll
constituteri l breach of this
PROHIBITION25.
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-
393 e
throughamended,,"• whichipublic entities
contractingith Consultants who engage in boycotts of the State of Israel.
AgreementShould Consultant under this iagainst
State of Israel, iAgreementshall automatically i
operationlaw. Any such boycott is a material breach of contract.
® i; i , and may
be terminated
i i i. , the provisions
i, i A.R.S.
WITNESSIN lCity have executed
this Agreement
as of the date first`
SOLUTIONS,AADS OFFICE a
an Arizona limited liability
9
.
Title: _ M.
CITY:
JUNCTION,CITY OF APACHE i
municipal r i
. m o -"Chip"
�.� n_.-_,--
® It w r" ht ����
Title: Mayor
ATTESTS
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
STATE
� C�
The foregoing w subcri _ fore me this
day of 20 T by
{
OFFICEAADS I I T'L, an Arizonalimited liability company.
r Public
,Ion irs:
O E L
SHERRIJOHNSON
NOTARY PUBLIC-ARI2ONA
Marloopa County
Commission No,567576
My Commission Exp,0611412023
subscribedSTATE OF ARIZONA
COUNTY OF PINAL
The foregoing was i
day
, Walter "Chip" Wilson, Mayor_ of the City of
Junction,Apache _Arizona, Arizona. municipal ri
PublicNotary
My Commission_ it
1
13
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2130 E. Mountain aka Avenue Quotation No4 Nape
aa s Phoenix,AZ 85048 4441-13' 2
OFFICE
SOLUTIONS 00-927-01.01 Date: 02/2 /2023
100-6 7-962 (Fax)
Bill TO" Shia T -
I` Y OF APACHE JUNCTION APACHE JUNCTION PUBLIC LIBRARY
300 EAST SUPERSTITION L 1177 Cam i AH
APACHE JUNCTION, 5119 APACHE JUNCTION,AZ 85119
Phon :( ) 982-8002 Fax:
QuoteExpirationPreparedFor Ship Via 7 T
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Order I Unit Extended
Quantity ; esmpti n Unit Price, � price'
ALL MEASUREMENTS TO BFIELD VERIFIED � L ,
® INSTALLATION TO OCCUR DURING NORMAL BUSINESS HOURS
SITE MUST HAVE UNLOAD NG SPACE AND PAVED ACCESS TO FA IUTY 4
AND UNIMPEDED ACCESS TO INSTALLATION AREA
m UNLOAD1NG DOCKTO SL PROVIDED BY CUSTOMER
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Adminish,ation &Bill' QUOTATION
135 E. Mountain,sky Avenue Quotation NO.
adds
OFFICE Phoenix,AZ 85048 � 4 .1'F
SOLUTIONS 3 - 37-5 1 Date: 13413 3
SOO-647- 574(Fax)
Bill TO, Ship To.,
CITY OF APACHE JUNCTION JUNCTION PUBLIC LIBRARY
300 EAST SUPERSTITION BLVD1177 N. IDAHO RD,
ACRE JUNCTION, 11 i JUNCTION, 511
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by�sra��stoat le era I"Height Incaev'rien s
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....._. Available in our 12 Stxaxatlaa,d€....liar;J Finishes
Selected Color� Relail Gray(steel)with Nue steel book,supisciqls
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Spacefile
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Space He
Spacefile International r at Warranty
T Shelving, -Line Shelving, Supreme Cantilever, Mechanical Components
Spacefile International Corp. warrants to the original purchaser that Spacefile manufactured
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Other
This product warranty is contingent upon the normal and proper use of the product. Damage
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In the event of repairs or replacements,the warranty period shall be extended equal to the time
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Toll Free 1 866 905 5539-Phone 905 625 5539-Fax 905 625 6894--vwww,spacef lexoffi-info@spacefi(e.com
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 23-203
Sponsor: Pamela Harrison Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Proclamation designating week of April 23 -29, 2023, as "National Library Week."
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
rot amatton
National l library Week
April 2 9, 202
WHEREAS, libraries provide the opportunity for everyone to pursue their
passions and engage in lifelong learning, allowing,them to live
their best life;
WHEREAS, libraries strive to develop and maintain programs and
collections that are as diverse as the populations they serve and
ensure equity of access for all;
WHEREAS., libraries adapt to the ever-changing needs of their communities,
continually expanding their collections, services, and
partnerships;
WHEREAS, libraries play a critical role in the economic vitality of
communities by providing Internet and technology access,
literacy skills, and support for job seekers, small businesses,
and entrepreneurs;
NOW, THEREFORE, be it resolved that 1, Chip Wilson, Mayorcif the City of
Apache Junction, proclaim National Library Week, .April 2 - 9, 2023, and
encourage all residents to visit our library to explore the wealth of resources
available.
A Signed attested to this day of Aril C} ,_ p
altr`?9h—lip—" W ilso
Mayer
r.
ATTEST:
e fifer P a
e
City Clerk
a
s
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
File ID: 23-200
Sponsor: Liz Langenbach Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Proclamation designating April 28th, 2023, as "National Arbor Day."
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
F
Vroclamatton
DESIGNATION OF APRIL 28TH, 2023 AS NATIONAL ARBOR DAY
WHEREAS, in 1872, the Nebraska Board of Agriculture established a
special day to be set aside for the planting of trees, and
WHEREAS; this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and
WHEREAS, Arbor Day is now observed throughout the nation and the
world, and
WHEREAS; trees can be a solution to combating climate change by
reducing the erosion of our precious topsoil by wind and
water, cuffing heating and cooling costs, moderating the
temperature, cleaning the air, producing life-giving oxygen,
and providing habitat for wildlife, and
WHEREAS; trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and countless other wood products,
and
WHEREAS; trees - where they are planted - are a source of joy and
spiritual renewal.
NOW, THEREFORE, 1, Walter "Chip�' Wilson, Mayor of the City of Apache
Junction, Arizona, do hereby proclaim April 28t� as
NATIONAL ARBOR DAY
Signed and aftested to this__�2_ day of-414LJJ_, 2023.
WA- R "CHIP- WILSON
Mayor
ATTEST:
-40,
JENN41F 4N�A
City Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 23-189
Sponsor:Jennifer Pena Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Proclamation designating the week of April 30 - May 6, 2023, as "Professional Municipal Clerks
Week."
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
r
Vroclamatton
PROFESSIONAL MUNICIPAL CLERKS WEEK
April 30—May 6, 2023
WHEREAS, the office of the Municipal Clerk, a time honored and
vital part of local government exists throughout the
world, and is the oldest among public servants, and
WHEREAS, the Office of the Municipal Clerk provides the
professional link between the citizens, the local
governing bodies and agencies of government at other
levels,and serves as the information center on functions
of local government and community, and
WHEREAS, Municipal Clerks have pledged to be ever mindful of
their neutrality and impartiality,rendering equal service
to all, and
WHEREAS, Municipal Clerks continually strive to improve the
administration of the affairs of the Office of the
Municipal Clerk through participation in education
programs,seminars,workshops and the annual meetings
of their state, county and international professional
organizations, and
WHEREAS, it is most appropriate that we recognize the
accomplishment of the Office of the Municipal Clerk.
NOW, THEREFORE, 1, Chip Wilson, Mayor of the City of Apache
Junction,Arizona,do hereby proclaim the week ofApril 30—May 6,2023 as
"PROFESSIONAL MUNICIPAL CLERKS WEEK71
Signed and attested to this_-,� day of-Z4a4,:/ 2023.
�4 t C
Walter"' hip"" Wilson
Mayor
ATTE ST:
4Jeife�tN—Pjea�
City Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
File ID: 23-138
Sponsor:Adrian Alegria Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Presentation of proclamation recognizing May 2023 as 'Building Safety Month."
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
F
Proclamatton
BUILDING SAFETY MONTH
MAY 2023
WHEREAS, the City of Apache Junction is committed to recognizing that our
growth and strength depends on the safety and essential role our
homes, buildings and infrastructure play, both in everyday life and
when disasters strike, and;
WHEREAS, our confidence in the resilience of these buildings that make up our
community is achieved through the devotion of vigilant guardians—
building safety and fire prevention officials, architects, engineers,
builders,tradespeople, design professionals, laborers,plumbers and
others in the construction industry—who work year-round to ensure
the safe construction of buildings, and;
WHEREAS, these modem building codes include safeguards to protect the public
from hazards such as hurricanes, snowstorms,tornadoes, wildland
fires, floods and earthquakes, and;
WHEREAS, "It Starts with You,"The theme for Building Safety Month 2023,
encourages us all to raise awareness about building safety on a
personal, local and global scale, and;
WHEREAS, each year, in observance of Building Safety Month,people all over
the world are asked to consider the commitment to improve building
safety, resilience and economic investment at home and in the
community, and to acknowledge the essential service provided to all
of us by local and state building departments, fire prevention bureaus
and federal agencies in protecting lives and property.
NOW,,THEREFORE,,1, Walter"Chip"Wilson,Mayor of the City of Apache Junction,
Arizona, do hereby proclaim the month of May as
BUILDING SAFETY MONTH
Signed and attested to this
day of jvd&�, 2023.
lWalter*"' hip"'Wilson
Mayor
ATrEST:
City Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.9.
File ID: 23-197
Sponsor: Chip Wilson Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 10.
File ID: 23-198
Sponsor: Bryant Powell Agenda Date:4/18/2023
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 11.
File ID: 23-202
Sponsor: Bryant Powell Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Presentation and discussion with Police Chief Michael Pooley regarding technology(Flock and
Spyder-Tech), school resource officers, community engagement, and any other law
enforcement operational programs.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 12.
File ID: 23-199
Sponsor:Al Bravo Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Announcement of Current Events.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 13.
File ID: 23-201
Sponsor: Leslie DeReche Agenda Date:4/18/2023
Index: In Control: City Council Meeting
Selection of dates, times and location for budget work session, public hearing and adoption of
tentative and final budget for Fiscal Year 2023-2024.
City of Apache Junction,Arizona Page 1 Printed on 4/13/2023
FY 2023/2024
BUDGET CALENDAR
Date(subject to change) Action Required
January 05, 2023 Distribute budget calendar and projections to Department Directors.
January 12,2023 New/modified personnel requests to HR.
February 6— 17, 2023 Munis-Budget Workshops/Training (if needed).
February 17, 2023 Prepare preliminary FY 2023/24 revenue estimates; update monthly.
February 28, 2023 Final date for submission of completed department budgets to Finance.
February 28, 2022 Submit goals&objectives to Finance.
March 1 - 15, 2023 Budget committee review of department budget requests.
Schedule follow-up meetings with departments and budget committee.
March 16—23, 2023 Department review of budgeted positions, CIP,&Operating
expenditures.
April 4, 2023 Submit proposed budget to City Manager for review and
recommendations. Meet with departments, if necessary.
April 11, 2023 Submit budget to City Council and Departments.
April 18, 2023 City Council to set time and dates for:
Budget Work Sessions: May 1, 2023 and May 15, 2023
Adopt Tentative Budget: Recommend May 16, 2023
Adopt Final Budget: Recommend June 20, 2023
April 24-27, 2023 Individual meetings with City Council members.
April 27, 2023 Resolution &Tentative Budget for Clerk/Attorney review.
May 1, 2023* Public budget work sessions with City Council and Departments.
Initial roll-out of budget to the Public.
May 15, 2023* Public hearing and adoption of FY 2023/24 Tentative Budget by City
Council. (fast date to meet legal requirements:July 17, 202 ust
e clone on or before the third Monday in.Jul , m m, 42-171 1 ).
May 25, 2023 Resolution & Final Budget for Clerk/Attorney review.
May 30, 2023 First publication of FY 2023/24 Tentative Budget. rest be published
once a weep for at least two consecutive weeps 2ME °1 , .
June 6, 2023 Second publication of FY 2023/24 Tentative Budget. (Must be
published once a weep for at least two consecrative weeps 'A. w ff
42-1710 )A
June 20, 2023* Adoption of FY 2023/24 Final Budget . .S. 42-171 5 n
*Request Departments to be present
F/0 �5
CITY COUNCIL MEETING ROLL CALL Date:
Work Study Regular Special
S: E: S: E: S: E:
CITY COUNCIL: Present Ab/ xcu Present Ab/excu Present AN xcu
MAYOR W I LSO N t/
VICE MAYOR SCHROEDER
COUNCILMEMBER CROSS
COUNCILMEMBER HECK V
COUNCILMEMBER JOHNSON ✓/
COUNCILMEMBER NESSER V
COUNCILMEMBER SOLLER
TOTAL
CITY STAFF: Present Ab/excu1 Present Ab/excu Present Ab/excu
City Manager Bryant Powell
Assistant-City Manager Matt Busby
City Clerk Jennifer Pena
City Attorney Joel Stern
Assist to City Manager
Public Information Officer Al Bravo
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Ted Wolff
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Leslie DeReche )/
HR Director Anna McCray
Water District Director Mike Loggins
Municipal Judge A. Doug LaSota
OTHERS:
Deputy City Clerk Evie McKinney
Int.Planning Manager Sidney Urias
Building&Safety Mngr Adrian Alegria
Senior Planner
Planner Kelsey Schattnik
Associate Planner Nick Leftwich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
S:\Templates & Forms\Roll Call -City Council -Attendance.docx 14 M<
City Council
VOTE - ROLL CALL
)3_ 1RS
ITEM # a 3 -fig MEETING OF ��/�-7,UZ3
MOTION BY: SECONDED BY: �A
NOTES: 21y�SQ�n,
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER CROSS
COUNCILMEMBER HECK 1�
COUNCILMEMBER JOHNSON ✓
VICE MAYOR SCHROEDER ✓
COUNCILMEMBER NESSER
COUNCILMEMBER SOLLER
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 5
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # 3"ZU/ MEETING OF
MOTION BY: SECONDED BY:
NOTES: 5110CA' a-) �I ®O T, _t P<
YES NO ABSTAINED
CITY COUNCIL:
VICE MAYOR SCHROEDER
COUNCILMEMBER NESSER
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER V
COUNCILMEMBER JOHNSON ✓
COUNCILMEMBER CROSS
MAYOR WILSON V
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 6
S:/5—Templates&Forms/Vote Call—City Council
Date:-`Date:-` 6 Zoz3 CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please-fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like:to speak on Agenda Item #: - r
would like to speak on a Non-Agenda matter regarding: 4 rc- ,c .9— c,,nn
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
First Name Last Name
(PRINT)
i5Rb � t. Z2I) d 74v�e
Address City Zip Code
3, (Dq- :4(0 Z , C � a�� r � �J 2 C a-r-S Dn , C-.
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019
Date: /7 CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM I�/
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion oeft h�
I would like to speak on Agenda Item #: a
I would like to speak on allon-Agenda matter regarding:
Do you.wish to speak before Council on this item? Yesl— No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
T41411:� 6aij�
First Name Last Name
(PRINT) A
Address e City Zip Code
�ro ✓ J
Telephon 'a address
This infor !if necessary. Speakers shall make comments directly to the Mayor and City Council
when call
Note: C �� minute limit and Public Hearing comments have a five minute limit.
_ i
Consent ":corded:
I, ."an of (minor(s)), a minor(s), agree to allow said
minors) _ _ _ ;f Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded ana--i-i iurCuy it to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their,participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019
1AS-1
Date: (-- CITY OF APACHE JUNCTION
5REF�K � � T P4 e j sS QUEST TO SPEAK FORM
Please-fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Item #:would like to speak on a Non-Agenda matter regarding: � ., �_
P� f �
Do you wish to speak before Council on this item? Yes — No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
4W k_E-,
--*
First Name Last Name
(PRINT)
is �k
Address City Zip Code
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation.with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
0 8/2 612 0 1 9
April V. Pearson
54 E. 22rrd Ave.
Apache Junction,AZ 85119
909.762.9404
April 1 , 2025
Apache Junction City Council
300 . Superstition Blvd.
Apache Junction, AZ 85119
Re; Traffic Enforcement in front of Apache Junction Nigh School
Southbound Ironwood Drive
Dear Mayor Chip Wilson and Council Members
1 write to you to present an overstep of justice regarding ticketing drivers in front of Apache
Junction High School HS) on Ironwood Chive with criminal citation.There are numerous
people who are being charged with criminal actions for which they did not commit and the City
Prosecutor's Office is aware that they are wrongfully convicting people,
I write this based on my own experience with Apache Junction Prosecutor's Office and as a local
lawyer. I was laughed out of the Prosecutor's office,given the choice of pleaing to a traffic
violation with no option for traffic school and a $500 fine, or pay thousands of dollars for a
criminal lave attorney;
This topic is significant because there a marry people who have been criminally charged and are
unequivocally innocent This is a huge liability to the City especially considering the culpable
mental stag the Prosecutor's Office has carrying out this injustice. On the one day I was in
court, at least four drivers rather than me were charged criminally for the sauce speeding
'violation' and likely forced into a plea agreement:
This letter summarizes the error regarding enforcement of the speed lags pur seat to AIRS
Section 2 - 1.C2 (school crossing) in front of AJHS oni Ironwood Drive.
e.
AsRS 2 - 1- 2 1 states a person shall not "exceed 35 mils per hoar approaching a school
crossing."Violation of this statute is a criminal offense.This location on Ironwood in front of
,Apache Junction Highscho l is a school zone, not in fact a school crossing,on important
y
distinction supported by statute,the Manual on Uniform Traffic Control Crevices (MUTCD), the
Arizona Supplement to the MUTCD, n nfirm y public record requests of Apache Jun ton
and Final County:
L Ironwood Drive is a School.done Not a School Crossint as aired in ARS 28-701.02
a. Marking of School Crossings.
The location on Ironwood in front of aHS is a school zone, not in fact a school
crossing, an important distinction supported by statute, the Manual on Uniform
Traffic Control Devices (MUTCD),the Arizona Supplement to the MUTCD, and
confirmed via public record requests,'
RS 2 - 97 states that certain agencies "'may mark — crosswalks in front of each
school building or school grounds abutting the locations where children are
required to crass the highway or street.,,
The MUTCD is adopted by reference in accordance with Title 23, United States Code,Section 109(d)and
Title 23,Code of Federal Regulations, Part 655.603,and is approved as the national standard for
designing,applying,and planning traffic control devices. in Title 23 of the Code of Federal Regulations,
Part 655.603 states that the MUTCD is the national standard for all`traffic control devices installed on any
street, highway,or bicycle trail open to public travel.Title 23 of the Code of Federal Regulations requires
all Mates to do one of three things within two years after a new national MUTCD edition is issued or any
nationa°MUTCD amendments are made: 1)adapt the newer revised national MUTCO as the standard for
traffic control devices in the State;2 adopt the national MUTCD with a State Supplement that is in
substantial conformance with the new or revised national MUTCD;;or 3)adapt a State MUTCD that is in
substantial conformance with the new or revised national MUTCD,The State law will govern in most
circumstances, Each State enacts its own laws regarding compliance with standards for traffic control
devices in that State. If the State law has adapted a State Supplement or a State MUTCD that FHVVA has
found to be in substantial conformance with the national MUTCD,then those State requirements are
what the local road agencies(as well as the State DOT)must abide by.This information is derived from
the MUTCD official rebsite reap w,,i," u cdlf'hwa dq g2ylll s wfatT I rl
RS 28-797 goes can to state requirements for marking"school crossings"
"The manual prescribed in§ 23-641 shall provide Joy yellow marking of the school crossing,yellow
marking of the center line of the roadway card the erection of portable signs indicoting that vehicles must
stop when persons ore in the crossing.The manna;shall also provide the type and wording of portable
signs indicating that school is in session and that the civil penalty for a violation of this section will be
doubled when the signs are present and permanent signs that warn of the approach to school crossings."
(emphasis added).
See also, Tr ckel v, Roinbo Boking Co. of Phoenix, 169 Ariz 222, 227,412 P.2d 852(1966).While Trickle is
nearly six decades old,ARS 2 -797 appears to require if not identical,similar requirements for school
crossing demarcations as 2023, 1 .Tric el states that; RS 2 -79 "specifically, and with particularity,
spells out the circumstances under which school crossings may be established and when they are
operative."ld at 228.Going further it notes that"[o(r ce a school crossing has been established it is
operative while school is in session as defined in the statute,and made known to the public by the
placement of portable signs as specified by A.R.S.s 23--797!'ld. Lastly,the court motes regarding ARS 2 -
bw School Crossing Required Signage
According to the MUTCD, the si na e on ironwood indicates this is a school zone,
not a school crossing. MUTCD requires, "[e] cdpt as provided in Section 2A.11.
the sizes of signs and plaques to be used on conventional roadways ays in school
areas shall be as shown in Table 7 1" Manual on Uniform Control of Traffic
Control Devices, 7R.01 (01), page 775 (2009),
School Crossing si nc e requirements are written in the MUTCD as `cif combined
with a diagonal downward pointing arrow 6 7Pplaque to comprise the
.School Crossing assembly,the S -I sign can be used to warn approaching road
users of the location of a crossing where schoolchildren cross the roadway". Id at
77 (emphasis added). In addition to the requirements being written as noted,
they are visually displayed in the 2009 and 2003 version of Table 713-1.[Exhibit A)'.
ca School Crossing Speed Limit
Further evidencing that this location is not a school crossing is that the sped limit
in this section is 25 miles per hour(mph) during certain defined ties. The 25
mph speed is marked trice can Ironwood Drive,with both suns attached to this
writing. Exhibit . As noted in ARS 2 -797(2)[F)il (H);the seed limit in school
crossings is 1.5 rnh3,,
d, Difference Between School Zone&School Crossing:
Section 7 of the Arizona Supplement to the 2009 MUTCD explains specific
requirements of not only school crossings, but crossings in general, as well a
makes distinctions between a "school crossing"' and a "school zone, which i
defined as "a designated roadway segment approaching,adjacent to, and beyond
school buildings or grounds, or along which school related activities occur."
797,that- t his is not a question of an ambiguous statute requiring judicial construction but merely a
matter of applying a statute that clearly demonstrates the intention of the legislature,"Id,
See also Arizona Department of Transportation Traffic Safety for School Areas Guidelines
(2006),which defines the speed limit in school crossings at 1.5 mph.The sued limit in school
crossings is also evidenced in the Arizona Supplement to the UTCD;
"If a reduced school speed limit zone within a designated school crossing has been established in
accordance with BARS 2 -797, a portable NO PASSING 1:5 MPH FINES DOUBLE SCHOOL IN
SESSION [S - sign shall be placed to identify the beginning point of the reduced speed zone,
while a portable STOP WHEN CHILDREN IN CROSSWALK S -1. 1)sign shall be placed to identify
the end point of the reduced speed zone"
Arizona Supplement to the 2009 Manual on Uniform Traffic Control Devices (I IUTCD), Section
75e1:5, page 92.
4 Arizona Supplement to the 2009 Manual can Uniform Traffic Control Devices AZ-20(2009),
School zone being notably broader than a school crossing, they are not
interchangeable for the purpose of ARS 28-701.
2. Public Records Request-Ironwood Drive is a School Zone, Not a School Crossing
Mentor the City of Apache Junctionll 5 nor Final County County6 deem the streets in front of
JHS as School Crossings, The lack of signage for a crosswalk is not evident on Ironwood
because it is not a crosswalk:
3. Visual Evidence- Drive South Ironwood' Drive in Front of AJHS
It must be noted that there are no crosswalks marked across Ironwood Drive, 1
encourage each member of the City Council to drive along Ironwood Drive to verify this
statement. '
. Drivers Issued Criminal Misdemeanor Traffic Ticket
By citing a driver can Ironwood Drive with a criminal traffic misdemeanor forces that
driver to appear in person before Judger theca into a meeting with the City Prosecutor
In response to a Public Records Request seeking information regarding established school
crossings on Ironwood Drive in front of Apache Junction High School, Heather Knoblauch, Office
Support Specialist, City Clerk's Office, responded on 3 2 /2 J23:
"The city does not have any documentation for Apache Junction High School. There is no
existing crosswalk on Ironwood Drive and no plans tea-install one.
This is now considered a close public records request."
Likewise, the County of Pinal Public Works Department, in response to a Public Records
Request cinder Arizona Revised Statutes(ARS) § 3 -121.01 for "information regarding
established school crossings under ARS§ 28- on Ironwood Drive in front of Apache Junction
High School.
Specifically, I are requesting any records or documents that indicate the location; date of
establishment,and any charges or modifications crude to the.school crossings on
Ironwood Drive in front of Apache Junction High School. This may include any plans,
reports, maps, or other relevant documentation. Additionally, I am requesting any
information regarding whether school crossings are established pursuant to the Manual
on Uniform Traffic Control Crevices I UT i ) and the Arizona Supplement to the
M T"CC ." This request was assigned the 23- 3 ,
In response a, message was sent to regarding record request 23-73 : "Public Forks did
not find any information regarding street crossings in our ROW."
Emphasis added. Of rote, "ROW' is an acronym standing for "right of way".
who offers a plea agreement to reduce the violation to a civil traffic ticket.: Traffic school
is not permitted with this arrangement and a $500 firm is imposed.
sed.
Pr secti n of speed zones on Ironwood Drive in front of AJHS by the Prosecutor's Office
is based on an erroneous reading of ARS -70 .that subjects drivers to far harsher
penalties than Mould exist for a typical speeding violation, It is also a misunderstanding
of the law by the police department to cite individuals with criminal citations and a
miscarriage of justice by to prosecutor to continue the fare. The driver is railroaded
into paying are expensive fine with no ability to reduce the impact on his or her driver's
record by attending traffic school. This is the only option truly available to the driver as
hiring an attorney is unfeasible for many given to casts could be close to $10,000 for
that privately retained attorney to handle a trial, and suffering a criminal conviction is
highly consequential.
S. Conclusion
I respectfully request that to City Council investigate the traffic enforcement in front of Apache
Junction High School and cease enforcing sped zone violations as criminal misdemeanors,
because IT IS NOT A CRIMINAL VIOLATION AS THERE 15 NO CROSSWALK, Speed zone violations
on Ironwood in front of Apache Junction High School are a traffic violation offense, not a criminal
violation. The sped limit on Ironwood is further evidence that the read is not intended to be a
School Crossing, beyond the obvious fact that there is not a crosswalk,, Even if it was intended t
somehow be a school crossing, in addition to not meeting the si na e requirements, it dues not
reflect the required speed limit of a school crossing,
The City Council should farther work with the City A,t orney's Office and the Municipal Court to
sat aside the coerced plea agreements that are a result of an river-reaching dragnet.
Respectfully rutted,
pro ears
S n avenue
ache Junction,AZ 8511
cc, Chief Michael Pa rley
Apache Junction Police Department
11 N Idaho Rd
Apache Junction, AZ 85119
Apache Junction City Attorney
300 E Superstition Boulevard
Apache Junction, AZ 85119
4 EXHIBITA
The MUTCD update from 2003 to 2009 9 charged the signage in the left-roost column of Table 7 -
from a 'School Advance Warning Assembly' t 'School Advance Crossing Assembly'.mbly'. The
middle column shows the 'SchoolCrossing'sign age requirements; these are identical in 2003
and 2009.
In addition to the MUTCD si na a requirements,ARS 2 -797 p rgyid s are additional
r dirernrt tcs dtab9ish lrl resalks. °` i addition rtabl i ns irrdiatrr that the
drier shall stye children are ►r the ctsalk shall be laced at school cmqRing,,."
On Ironwood Drive, there is no signa e for a School Crosswalk; specifically there is no ' , f sign
"combined with a diagonal downward pointing arrow", described as a ` 1 -7 ' sign.
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