The URL can be used to link to this page

Home My WebLink About2023 04.04 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 4,2023 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA 1. 23-166 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 3-169 Consideration of approval of minutes of the regular meeting of March 21, 2023. Sponsors: Jennifer Pena Attachments: CCMIN 2023 03 21 MINUTES 3. 23-173 Consideration of approval of employment agreement with city manager. Sponsors: Anna McCray Attachments: CM Employment Apr E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 4. 2 -167 Proclamation designating April 2023 as"Fair Housing Month." Sponsors. Misty Moseley Attachments: Staff Deport 042023 Fair Housinct Proclarraation 5. 23-174 Proclamation designating the week of April 9- 15, 2023 as "Police Telecommunication Week." Sponsors: Michael Pooley Attachments: 04 2023 National Public Safety Telecommunicators Week City of Apache Junction,Arizona Page t Printed on 313012023 City Council Meeting Agenda April 4,2023 6. 23-175 Proclamation designating the week of April 14th-22nd, 2023 as "International Dark Sky Week." Sponsors. Liz Langenbach Attachments: 2023 international Dark Sky Week Proclamation F. REGIONAL INTERGOVERNMENTAL UPDATES 7. 23-172 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT 8. 23-170 City Manager's Report. Sponsors. Bryant Powell 9. 23-171 Announcement of Current Events. Sponsors: Al Bravo 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. Sponsors: Jennifer Pena Attachments: Memo To Council 04.04.2023 Application-Redacted Public Safety Inspection Approval Building Inspection Approval Planning Inspection Approval SFMD Inspection Approval 1. OLD BUSINESS J. NEW BUSINESS City of Apache Junction,Arizona Page 2 Printed on 313012023 City Council Meeting Agenda 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. Sponsors: Aaron LaSota 12. 23-11 Presentation and discussion on RFP#23002, Library Shelving,for an amount not to exceed $162,476.60. Sponsors: Pamela Harrison Attachments: Memo City Council AADS Contract AADS 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. Sponsors: Ted Wolff Attachments: City Council Memo-Riddle Paintin w City Hall Weatherization City Hall Weatherzation 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. Sponsors:_ Joel Stern Attachments: CODE OF CONDUCT 2023 CONFLICTS OF INTEREST LAW 2023 OPEN MEETING LAW 2023 PARLIAMENTARY PROCEDURE 2023 PUBLIC RECORD LAW 2023 K. COUNCIL DIRECTION TO STAFF L. CALL TO PUBLIC M. ADJOURNMENT City of Apache Junction,Arizona Page 3 Printed on 313012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 23-168 Sponsor:Jennifer Pena Agenda Date:4/4/2023 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 313012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 23-169 Sponsor:Jennifer Pena Agenda Date:4/4/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of March 21, 2023. City of Apache Junction,Arizona Page 1 Printed on 313012023 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,March 21,2023 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Schroeder gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Michael Pooley, Police Chief Anna McCray, Human Resources Director Evie McKinney, Deputy City Clerk D. CONSENT AGENDA Councilmember Cross moved,seconded by Councilmember Nesser to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 1. 23-133 Consideration of acceptance of agenda. 2. 23-134 Consideration of approval of minutes of the regular meeting of March 7, 2023. 3. 23-1 1 Consideration of approval of Final Plat for Infrastructure for Ironwood Drive Phase 2. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes March 21,2023 4. 23-144 Consideration of approval of Resolution No. 23-06 Intent to Form Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. 5. 23-145 Consideration of approval of Resolution No. 23-07 Ordering the Installation of Streetlights for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. 6. 23-146 Consideration of approval of Resolution No. 23-08 Adopting the Budget for Fiscal Year 2023-2024 for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 7. 23-152 Proclamation designating the month of April 2023 as National Child Abuse and Neglect Prevention Month. Mayor Wilson read the proclamation designating the month of April, 2023 as National Child Abuse and Neglect Prevention Month. Heidi Miller, Director of Sanctuary Movement for Children and Michael Medoro, Chief Development Officer for Childhelp were present to receive the proclamation. 8. 23-153 Proclamation designating March 29, 2023, as Vietnam War Veterans Day. Mayor Wilson read the proclamation designating March 29, 2023 as Vietnam War Veterans Day, marking the anniversary of when the last U.S. troops and Prisoners of War left Saigon. Members from the VFW Post 9399, Post 7968 and the American Legion Post 27 were present, along with several veterans, to accept the proclamation. F. REGIONAL INTERGOVERNMENTAL UPDATES 9. 23-135 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Peter Heck is council's liaison to the Greater Phoenix Economic Council, (GPEC). He came across a report by the Brooking's Institute conducted in 21-22 . This survey included 192 cities around the country consisting of a population of 250,000 or more, to determine how resilient they are, and were, to the 2020 pandemic. He stated the Phoenix metropolitan area ranked 4th overall for performing well in the areas of inclusive growth pre-pandemic and economic resiliency. Mayor Wilson stated he attended the Phoenix Mesa Gateway Airport meeting earlier and the airport continues to see record breaking passengers through this airport. They continue with expansion plans and have started construction for more terminals to accommodate this exponential growth. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes March 21,2023 G. CITY MANAGER'S REPORT 10. 23-16 City Manager's Report. City Manager Bryant Powell announced the City held their 18th Annual Scrub and Grub event last Thursday. This is an annual event where employees take part in the pride of maintaining and upkeep of their offices. They clean out old files and do a little extra "cleaning" in their areas. Lunch is provided and employees are encouraged to build their relationships with other departments. He also spoke on SB1117,which failed, and a new bill HB2536, preempts municipalities and requires administrative approval of applications for any rezoning to residential use, including any applications from single family to multi-family, commercial to multi-family, multi-family to single-family etc. In response to Vice Mayor Schroeder's question Mr. Powell stated it does feel that this change would eliminate a planning and zoning commission. Councilmember Nesser pointed out the state requires municipalities to have a General Plan, yet we would not be able to comply with it if this bill passes. 11. 3-137 Announcement of Current Events. Chief Information Officer Al Bravo reported on the following: -April 1 st is Earth Day- Horizon Health and Wellness will be celebrating the day with the annual release of Ladybugs. -The One Water Our Water campaign is underway, more information can be found at onewateraj.com. This is a water conservation effort for Apache Junction. - News about the city, updates and events can be found in the city's newsletter. Subscribe for this weekly announcement by visiting the city's webpage: www.apachejunctionaz.gov/newsletter Mayor Wilson spoke on the Pinal County Fair and 4-H show that he attended. Vice Mayor Schroeder announced he and the Mayor attended the 40th Anniversary of the Superstition Food Bank. He congratulated them on this achievement. H. PUBLIC HEARINGS 12. 23-150 Presentation, discussion, public hearing and consideration of application for a Class A Bingo License for Dolce Vita Resident Bingo, Apache Junction, Arizona. Councilmember Soller moved,seconded by Councilmember Nesser that the application for a Class A bingo license for Dolce Vita Community,3301 S.Goldfield Road,Apache Junction, Arizona,submitted by Richard Cantwell representing Dolce Vita be recommended for approval to the Arizona Department of Revenue. Yes: 7 Mayor Wilson,Vice Mayor Schroeder,Councilmember Nesser,Councilmember Heck, Councilmember Johnson,councilmember Cross and Councilmember Soller. No: 0 City Clerk Jennifer Pena provided information on the application and reported no department had City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes March 21,2023 issue with the request. She stated this is for a Class A license and over the years the community had a bingo license but it had not been renewed. They understand this is for the residents of Dolce Vita only, and no signage outside the community advertising is allowed. Applicant Richard Cantwell had no additional comments. Mayor Wilson opened the public hearing, receiving no comments, he closed the public hearing. 13. 23-155 Presentation, discussion, and consideration of Ordinance No. 1534, an ordinance of the mayor and city council of the City of Apache Junction amending Apache Junction City Code, Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-9: Public Art Commission, by repealing and replacing in its entirety Section 2-9-2, Membership and Terms of Office; providing for severability and repealing any conflicting provisions. Mayor Wilson opened the public hearing,receiving no comments, he closed the public hearing. Councilmember Nesser moved,seconded by Councilmember Heck that Ordinance No. 1534 be read by title only and the entire reading of the ordinance be waived. Motion Passed-7-0 Councilmember Nesser moved,seconded by Councilmember Heck that Ordinance No. 1534 as read by the city clerk be adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Attorney Joel Stern stated the item is a follow-up from the February 7, 2023 regular council meeting where Council directed staff to change the Public Art Commission city code section to reflect a decrease in membership from seven to five members,with at least three members being city residents, and the elimination of the technical expert criteria by just having one member as a practicing artist. I. OLD BUSINESS J. NEW BUSINESS 14. 23-126 Presentation, discussion, and consideration of approval of entering into an agreement with Gruber Technical Inc., dba Gruber Power Services for the design and installation of solar panels at the city library not to exceed $76,595.29. Vice Mayor Schroeder moved,seconded by Councilmember Soller to approve entering into an agreement with Gruber Technical Inc.,dba Gruber Power Services for the design and installation of solar panels at the city library not to exceed$76,595.29. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes March 21,2023 During Monday night's work session administrative services manager Heather Hodgman stated the installation of the solar panels is part of the emergency preparedness IT is working on. This is not a "green" initiative project. She stated the city has consulted with a structural engineer for the suitable location and structural support of the panels. The city will be utilizing the State of Arizona cooperative contract No. CTR063425. The alternative to solar is using a generator, which would cost roughly$500,000 with maintenance costs being more to maintain a generator than solar panels. IT Director Doug Wirthgen was also present Monday night and clarified this is not a power supply reserve in the sense most people think, but rather a back up to keep emergency systems, internet, and communications running. He is working on redundancy so if one provider of internet service fails, there is a second provider available. The purpose is to keep emergency operations functional; which include phone lines, the 911 system, and internet services. He mentioned now that the city hall campus has fiber cable installed he is able to push internet service anywhere on campus. Council inquired about the use of ARPA funds and CARE Act funds. K. COUNCIL DIRECTION TO STAFF L. CALL TO PUBLIC George Schroeder, 2444 W. Virginia St., Apache Junction commented on the following: -A news article about a 3-year old that died due to fentanyl. He stated the DEA is the biggest drug cartel of them all. -Garbage: he spoke with Republic Services and is able to pay his bill at the landfill -General Plan: he wants to get rid of the city's General Plan. He speaks frequently with AZ Senator Farnsworth M. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:14 p.m. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes March 21.2V23 ACCEPTED THIS DAY D . 2023. 8Y THE MAYOR AND CITY COUNCIL OF THE CITY OFAPACNE JUNCTION, AR|ZONA. SIGNED AND ATTESTED TD THIS DAY OF . 2023. VVALTER''CH|P''VV/LSON 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 . 2023. | 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: 23-173 Sponsor:Anna McCray Agenda Date:4/4/2023 Index: In Control: City Council Meeting Consideration of approval of employment agreement with city manager. City of Apache Junction,Arizona Page 1 Printed on 313012023 EMPLOYMENT AGREEMENT WITH I THIS AGREEMENT is made and enteredinto this day of 2023 (Execution Date) , an Arizona corporation,("'City") ("Employee") both of whom understand' the following: RECITALS A. l it t it i i i it Manager promoted in 2004 to Assistantiposition he has continuously l present. B. Effective i 1, 2015, the Cityit of the CityJunction, Arizona ("Council") promoted and appointedposition i Manager pursuant to A.R.S. Junction i " r ."), Vol. 1, Chapter , Administration, Article - i r, . - Office_ f Cit Mgnaqer C. Employee, as City Manager, serves at the pleasuref the Council. is the desirethe Partiesr this Employmentr t t forth the termsconditions by whichit ll receive retain the servicesleffective i vi r himt remain in such l possible ll work productivityassuring i peace f mind withrespect to futuresecurity, to providefor terminating his services time y be unablefully discharge iduties Council may otherwisedesire to terminate l relationship. AGREEMENT NOW, THEREFORE, in considerationl covenants herein contained,the partiesr ll s: SECTION Council hereby agreesl loyee as City Manager to assume -powers _ f and performthe functionsduties specified in t ., Vol. 1, Chapter , Administration, Article-3-1, i r, -1_ Power and- Duties , and the City Manager job descriptionfile i rDivision (hereinafter combined as the"Cityr" i _ ). SECTIONAT-WILLA. l shall fulfill the powers, functions s of City Manager and shall serve at will in this capacity subject to the Terminationr vi i pursuantibelow. B. i i t r shallprevent, li i interfere i right of Council to terminateservices of Employeet any time subject only to the provisions set frt in Sectionbelow. NothingC. i Agreement shall prevent, limit or otherwise interfere it rightl resign i r i position r s it Manager, subject only to the provisionsin Sectionbelow. Employeer s to remainin the exclusivel i further agreesi r to accept other _employmentr to become employed other employer without Council approval, or until -this i terminated. SECTION �l .., �I I A. In the event the Council desires to terminate this Agreement with Employee, an affirmative r (4) or more membersof the Council at any regular meetingit meeting is required the removal procedures iVol. 1, Chapter 3, t . , Article - , City Manager, § 3-1- 10ll be observed. B. If it terminates Employeepursuant to subsection , a lump sum equalpayment to sixlcurrent aggregate salary, value l s health, dental and life insurance r i and Deferred i l r six (6) months,will be paid to Employee, in additionall accrued vacation - i leave i accordanceith the then existing P_ t r employees receive time termination/separation from service. amounts are deemed as fullyr t itermination_ 'decision is made official. Employee shall sign a Waiver and Releaseall claims actionof _ against the i in ordert rocess this pay out provision. C. In t_Employee resigns i volition, l ll be paidi accruedl , vacation sick leave in accordancei then existing Personnel Rules as other employees receive i of terminationtseparation fromservice. v r, if he resigns, ll give Councili t calendar ' written noticesuch resignation. Councilse to accept and effectuate his resignation befo of the i calendar day period, in whichs ishall pay Employeevacation leave l It i i r salary, _, t t _existingPersonnel Rules allow, through and to Employee'siii l last day D. In the event Employee is terminatedconviction relating felony, Council shall have no obligationr t referenced in subsectiont for all of Employee'sr l r , vacationsick leave in accordance with the then existingPersonnel n Rulesl receive itermination/separation_ from rvi it reserves right _ referenced i subsection (A) while felony rges are pending, or_during proceedings whichinvolve a felony conviction. SECTION 4. SALARY City agrees to pay Employee Two Hundred Dollars_i other - r rservices, i r ir _ payablei installments t the same_ paid. lCity may negotiate additional compensationterms_ time thisAgreement is in effect, and the Council shall conduct an evaluation Employeeof i in April of each year this Agreement is in effect. B. City shall also pay Employeeliving, base wage adjustment, step step increase, or yr else coded in the City'spayroll othersystem, any general city-wide increase i is passed and adopted by the CityCouncil, or the valuef any non-meritautomatic increase - tr , career status classifiedi lreceive undert then-current l year classification compensationl mayoradopted by the and citycouncil, applicable any time when this Agreementis in effect. AUTOMOBILESECTION 5. City i i provide Employee a vehiclel l r Hundred Fiftyand ll r r SECTION A. Vacation Leave. Employee shall on a fiscal year basis accrue One Hundred Forty-Four (144) hours, or whatever amount the then current Personnel Rules dictate,wl r is higher. hours,Leave.rEmployeeshall fiscal r l rNinety-Six whatever amount the then currentPersonnel Rules dictate, whichever is higher. C. ay 100% of health, dental and vision. insurance premiums rEmployee,Dental and Vision,_Benefits. his familymembers. OtherD. Benefits. All action taken by Council relating fringe r employeesin the iv ranges shall be consideredigranting the same benefits t Employee. r "fringe benefits" include _t are limited vacation, sick leave, li , retirement, long-term disability and life it E. Professional Dues and Seminar , City will pay for all seminars and educational programs whichrelate i i l issues and those whichi i Manager in r of his duties, F. Deferred ion Employeeapproved Deferred i Ian the maximum amount allowabler I.R.S. r regulations duri calendar i r i i r l r iAgreement_ is in t, City shall contribute into any approvedDeferred ion Plan on behalfEmployee, 1 of Employee'sl base salary. SECTIONINDEMNIFICATION City - ll defend, save harmlessindemnify I against any tort, professional liability l i r demand or any other legal action, whether groundless r otherwise, arising out of any allegedr omission occurringin the courser _ of Iduties. City will compromise ant I claim r suit and pay the amount of all settlements r judgments rendered i t Employee andfor City. SECTION_ Council, in consultationi lshall fix any such other terms conditions l it may determiner time to time,"relating performancel provided r conditions r inconsistent it ' r conflict with _provisions i Agreement, the Apache Junction i , or any other statute, ordinance or regulation. SECTION Notices pursuant to thisAgreement shall be in writingiv personal delivery by the party or their ; or t in the custodyof the Unitedl Service, postage prepaid, return receipt requested, or private sector overnight or one-day servicer _ll r as such address may be changed from i to time notice r. City: Mayor Chip Wilson City ti 300 East Superstition Boulevard Apacheti , AZ 85119 Employee: r ll South3701 i i Junction,Apache SECTION . ATTORNEYFEES In the event it becomes necessary for either Party to bring legal action__ enforcevision of this Agreement, the Partiesr the prevailing shall be entitledattorney SECTION I _Agreementi r agreement r i . No otherpromises,_ representations, r r covenants have been relied either Party in executingi r SECTION This Agreement is not assignableeither City or Employee. SECTIONII City Ibelieve execution, delivery performancef this Agreement =are in compliancei ll applicable However, in the unlikelyevent that any provisionthis Agreement is declared void r unenforceable (or is construedrequiring i in violation applicableany laws, including it i l r vi , law, regulation, r it code), provisionshallsevered from this r i Agreementll otherwise remain in fullfrprovided i AgreementII retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed r related agreements iv f the same date) provide ill rights (economicbenefits rwise) to the City and Emplo if such severance and reformation were not required. l r i applicable laws, the City Employeeand further shall perform all l r deliver allamendments, instruments le t give effect to the purposes ,as reformed. IN WITNESSi ve caused this Agreementt be executed the day and r first above written. EMPLOYEE t r IwL 11CITY OF APACHE JUNCTION, an Arizona i i 1 corporation Date Chip Wilson Mayor City Clerk APPROVED AS TO FORM: Jennifer Pena AttorneyCity City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 23-167 Sponsor: Misty Moseley Agenda Date:4/4/2023 Index: In Control: City Council Meeting Proclamation designating April 2023 as"Fair Housing Month." City of Apache Junction,Arizona Page 1 Printed on 313012023 City ofApache Junction 300 E Superctiti©u Boulaard -Apache juurtion,AZ 85119 if ATE: March 14, 2023 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Misty Moseley-Helber, Grants Administrator SUBJECT: Proclamation designating the month of April as "Fair Housing Month" REQUEST Staff respectfully requests the city council proclaim April 2023 as Fair Housing Month. This proclamation will fulfill one of the city's requirements as a recipient of grant funds from the Arizona Department of Housing. BACKGROUND Affirmatively Furthering Fair Housing was first included in the Fair Housing Act of 1964, which, in Title VI,prohibited discrimination in housing on the basis of race, color, and national origin. This Act also required that the United States Department of Housing and Urban Development ("HUD") administer its programs, including the Community Development Block Grant ("CDBG")program, in a manner that affirmatively promotes fair housing. Title VIII of the Civil Rights Act of 1968 covered housing discrimination on the basis of race, color, religion, sex, or national origin. Title VIII was amended in 1988 by the Fair Housing Act which added two categories of protected persons from housing discrimination: 1) families with children (anyone under 18); and 2) individuals with disabilities. The Housing and Community Development Act of 1974, as amended, in Section 104, specifically states that communities shall affirmatively further fair housing. HUD regulations require that the state CDBG program affirmatively further fair housing. This Act requires each community to certify that it will affirmatively further fair housing. When a community is involved in the provision of housing or housing services, whether funded through CDBG or with other public funds, it must ensure that such programs are designed and implemented in a non-discriminatory way. DISCUSSION The Arizona Department of Housing ("ADOH"), the regulatory agency,has indicated each. community must complete the minimum requirements to further fair housing. These minimum requirements include: 1) Adopt a fair housing proclamation or resolution; 2) Display a fair housing poster in at least one public area of the community's administration building/office year round; and 3) Undertake at least one additional action specifically designed to further fair housing and/or educate the public about fair housing laws. Currently, the city displays an English and Spanish fair housing poster in the lobby of the development services department; the state fair housing brochure is made available in the development services department lobby; information is posted on the city's website; and a press release is sent out. If a declaration of Fair Housing Month is not adopted, the city will be in violation of the laws as identified above and the regulations set forth by HUD and ADOH, thus jeopardizing future funding through CDBG. RECOMMENDATION Staff respectfully recommends the city council declare April 2023 as Fair Housing Month. ATTACHMENTS Attachment 1: 2023 Fair Housing Proclamation 2 r prortamatton FAIR HOUSING MONTH APRIL 2023 WHEREAS, the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988 prohibits discrimination in housing and declares it a national policy to provide for fair housing in the United States within constitutional limits; and WHEREAS, the principle of Fair Housing is not only national law and national policy but a fundamental human concept and entitlement for all Americans; and WHEREAS, discriminatory housing practices undermine the strength and vitality of America and its people; and WHEREAS, April has traditionally been designated as Fair Housing Month in the United States; NOW,, THEREFORE, L Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim April as FAIR HOUSING MONTH Signed and attested this day ofM,4&2023. WA14TE11_1CHIP9` WIETO—N Mayor ATTEST: E� ikNIFE PE&A City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 23-174 Sponsor: Michael Pooley Agenda Date:4/4/2023 Index: In Control: City Council Meeting Proclamation designating the week of April 9 - 15, 2023 as 'Police Telecommunication Week." City of Apache Junction,Arizona Page 1 Printed on 313012023 r Prortamatton NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK APRIL 9�'— APRIL 15",, 2023 WHEREAS, the entire community can appreciate and recognize the professional Police Telecommunications Officers who have impacted the lives of many; and WHEREAS, admire the professionals who have dedicated their lives to helping others by answering calls every single day and carrying tremendous responsibility, dedication, frustration, tears and smiles that go on every day, one call at a time, making the world a better place; and WHEREAS, our country's Police Telecommunications Officers are dedicated to meeting the demands placed upon them in our rapidly changing world even if it means making personal sacrifices during these troubled times; and WHEREAS, Police Telecommunications Officers are the behind the scenes heroes who make the difference in the lives of others; NOW, THEREFORE, 1, Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim April 9t'—April 15'h, 2023 as NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK Signed and attested to this day of_,,jjf4&Ch 2023. WA4LTE "CH411'"'WILSON Mayor ATTEST: E IFE ENA i v Cl ty Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 23-175 Sponsor: Liz Langenbach Agenda Date:4/4/2023 Index: In Control: City Council Meeting Proclamation designating the week of April 14th-22nd, 2023 as "International Dark Sky Week." City of Apache Junction,Arizona Page 1 Printed on 313012023 r Vrarlamatton DESIGNATION OF APRIL 14TH- 22ND, 2023 AS INTERNATIONAL DARK SKY WEEK WHEREAS; the beauty and wonder of a natural night sky is a shared heritage of all humankind, and the experience of standing beneath a starry night sky inspires feelings of wonder and awe, encouraging a growing interest in science and nature; and WHEREAS, the Sonoran desert is home to dozens of species that rely on undisturbed night environments to thrive; and, WHEREAS; 80 percent of the world's population, live under a dome of light pollution and may never experience the visual wonder of living under a dark sky; and, WHEREAS, The Milky Way is hidden from more than one-third of humanity, including 60% of Europeans and nearly 80% of North Americans; and, WHEREAS; light pollution has been scientifically proven to have economic and environmental consequences, which result in significant negative impacts and contributes to diminished energy security; and, WHEREAS, the International Dark-Sky Association is the globally- recognized authority on light pollution, and has created International Dark- Sky Week to raise awareness of light pollution, and provide free education, resources, and solutions to the public to encourage the protection of and enjoyment of dark skies; NOW, THEREFORE, 1, Walter "Chip�' Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim the week of April 14th- 22nd as INTERNATIONAL DARK SKY WEEK Signed and attested to this day of 2021 WALT R CHIP' WU-0N Mayor ATTEST- /A J EJI FkEElf-R-4-A 4-EN 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: 23-172 Sponsor: Chip Wilson Agenda Date:4/4/2023 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 313012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 23-170 Sponsor: Bryant Powell Agenda Date:4/4/2023 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 313012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 23-171 Sponsor:Al Bravo Agenda Date:4/4/2023 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 313012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 23-140 Sponsor:Jennifer Pena Agenda Date:4/4/2023 Index: In Control: City Council Meeting 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. City of Apache Junction,Arizona Page 1 Printed on 313012023 CH City of Apache Junction 1 0 Home of the Superstition Mountains April 4, 2023 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 10 BEER AND WINE STORE LIQUOR LICENSE FOR CIGAR SMOKE &VAPE An application for a Series 10 Beer and Wine Store Liquor License has been submitted by Ashok Kumar of Cigar Smoke &Vape, located at 1000 W. Apache Trail, # 101, Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on February 23, 2023, and the Apache Junction City Clerk's Office received the application from them on February 27, 2023. The applicant was notified by phone and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. The Planning and Zoning Department is recommending restriping of parking lot lines, with at least one (1) compliant, ADA accessible parking space and loading zone be delineated on the south side of the building. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by April 24, 2023. 300 E.Superstition Boulevard -Apache Junction,AZ 85119 - Ph: (480)474-5097 www.apache�junctionaz.gov -3 qz�b-tt State of Arizona Department icy and Control Local Governing Body Report LICENSE Number- Type: 010BEERANDWINE STORE Name:' (AGAR SMOKE&VAPI State: Pending Issue Date: Expiration :}ate. Original Issue Date: ] l APAC HE JUNCTION,AZ 85I20 USA Mailing Address: 121 .S TIAGO DRIVE CALl ERT,AZ 85233 US Phone, (480) 45- 84S Alt.Phone: (6 )74Ci- 277 Email: ' ASI-OK 655@ 1 1AIL.0 O AGENT Gender: Tidal Correspojidenc Add css: 121 S TIAGO DRIVE II^L�'{{I ERT,A 85233 USA Phone- (619)746-32 I Alt. Phone OWNER '1`v'<ime: [,t`4KSffi*vll I VFS"l /Il--,'N 1"1.1 ` C°aam act Name A`HOK ] l.)] AIZ AZ CC File Numbet 734:3I3461 State of hicorporatiow A: liacc>rporatioll Bite. I(fe24 3022 Gll-BFR'F,AZ 85233 USA Phove (619)746 277 All. Phone: Linall, ASI I0K l9655(a(lMA11 C't: M Pave 1 of 3 Officers f Stoc dxoldus Name, '1111c ASH OK K1,MAR lvii3MB ER 50,00 RACfINA KLWAR MEMBER 5100 Name: ASI10K K MAi Gender': Male Correspondence Address: 121 S`TACO DRIVE SA 'hone, 619)7 - 27°7 Alt. Phone: Email: t SHOK.I 96554 iMAILCOM Name: RACHNA I T. MAi Gender. Female CorTespondence Address, 121 S TIAGO DINE GILBERT,AZ 8523 US Phone- (619)799-0144 Alt, Phone: Email: IiACI-J A I21(k,,,YAFIO ,COO i Application Number: 225370 Application'Yypc� New Application Created Daaw 01/03/2 23 010 Beerand Mitre Store 1 Are you applying for an Interim Permit(INP)? No 2 Provide na ne,address,and ncd distance of nearest school, If less than erne 1 f rule note footage) Apache Trail High School 945 Apache Trail Apache Junction AZ 85 120 3 Are you one of the following?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company Property Owner Is there a penalty if4lease is not fulfilled? No S Is the Business located within the incorporated orporaated limits of the city or town of which it is located? Yes 6 hat is the total trioney borrowed for the business not including the lease? Please list each aamoont owed to l racder/individuals. Not Applicable 7 Are there walk-tip or€rive-through windows on the premises? es'1 No Does the c~ tabhshiaaeaat have as patio? No Is your licensed premises now closed due to construction,renovation or redesign or rebuild? No L DOCUMENTS 1jlAc Pt Mir, '00fz P,AN Store Diagraiva pcdl` 01/0/202 ALIEN STATUS US passport IrclB:lacll 0111 0,12023 QUESTIONNAIRE Fin"Crprint lrartaa 1)c11" 01/07`202.; Stare Diagraart fidt" 02`02/20?3 passport 02/02}2023 Scaaotwd Doc"ment 4ap df 02/02,12€I23 Scanned Document 5.p df 02/02'202 r, SUITE 101 CIGAR HUMIDOR 00 xHookah 00 total sq ft Restroom 0 h - } Counter ut nt°s i fo Beer E rit r n e Door Window �_ 18 Feet Yvette McKinney From: DannySa|dana Sent: Friday, March 10. 20234:46PK4 To: Yvette McKinney Subject: Re: Liquor License Application for Cigar Smoke 81Vape HeUoEvie, I inspected the business on 03/10/23 and there are no issues or concerns at this time. Thanks T)8Di8| S@|d8fia LiCDtCD8Dt /\p3C}le junction Police /180-/17/1-2629 (iSa}({aDa@3l]&C}le'DllCtiOD8z.gO\/ Sent from 0Dy}Ph0ne From:Yvette McKinney<nnckinney@apaohejunctionez.0ov» Sent:Tuesday, March 7, 2O236:2Z:44PM To: Danny 3a|dana <dsa|dana@opaohejunctinnaz.Qov> Subject: Liquor License Application for Cigar Smoke 6\Vape Good Evening, The City Clerk's office has received the attached Series 10 Beer and Wine Store liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations tomeby Wednesday, March 15, 2023, in order for this item tobeun the April 4, 2Q23, City Council meeting. Thank you, Evie McKinney Ext5061 City Of Apache Junction 300 E Su p e rstiLiOR EHYd. Apache JVOctiQD, AZ 85119 City Hall HOUrsof Operation 7/\M —6PM' MoOday through IbUrsday' closed Fddays. 1 ThismessaQe and the information within isinhendedfortherecipient. If you received LhisemaUin error, please notify the aende/ond then delete the email. Bna ils generated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council. Membersof the Council and otherpublic bodiesmay reply to thismessage, but should not copy othermembersof the public body. z Yvette McKinney From: AdhanA|egha Sent: Thursday, March 16' 2023 1131 AM To: Yvette McKinney Cc: Rudy Esquivias Subject: RE: Liquor License Application for Cigar 8/Vape Evie, I conducted the building safety inspection and there Is not a change of use for the new business "CIGAR SMOKE & VAPE" The existing space does not have any building construction violations and provide up to some degree of accessibility from the accessible parking spaces and aisle as well the route up to the entrance of the space 101. The Building Safety and Inspections Division recommends approval of this Liquor License Application. Thank you. Adrian AKeg ^a Building and Safety Manager Development Services City of Apache Junction 300E. SuperstitionB[vd. Apache Junction, 4ZQ511g 480-474-5494' OfficeHours-Mowday—Thursday 7:00amm-6:00prn,Closed on Fridays From:Yvette McKinney<nockinney@apmohejunctionmz.0ov> Sent:Tuesday, March 7, 2UZ36:21PM To:Tina Gero|o <tina.gero|o@sfmd.az.8ov>; Richard KXooney<richard.m000ney@sfmd.az.Qov>; Rudy Esquivims <resquivias@mpmohejunotionmz.8ov>;Adrian A|egria <am|e8ria@apmohejunctionmz.0ov> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apacheiunotionaz.gnv> Subject: Liquor License Application for Cigar&Vepe Good Afternoon, The City Clerk's office has received the attached Series 10 Beer and Wine Store liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations tomeby Wednesday, March 15, 2023, in order for this item tobeon the Apr||4, 2D23, City Council meeting. Thank you, Evie McKinney Ext5O61 1 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hoursof Operation 7AM --0 ' , Monday through 1hursday, closed Fridays. 'Thismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the nderand then delete the email. ails generated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the ®pen Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council. embersofthe Council and otherpublic bodiesmay reply to thismessage, but should not copy other membersof the public body. 2 Yvette McKinney From: Rudy Esquivias Sent: Tuesday, March 14, 2023 6:30 PM To: Yvette McKinney;Tina Gerola; Richard Mooney;Adrian Alegria Cc: Jennifer Pena; Donna Scruggs; Dana Martin; Kelsey Schattnik; Nicholas Leftwich; Erika Hernandez Subject: RE: Liquor License Application for Cigar&Vape Attachments: Application - REDACTED.pdf Evie: The subject property is zoned B-2,which allows tobacco shops, and beer,wine and liquor stores outright. The building predates the incorporation of the city. Development Services does not have any zoning objections to adding beer and wine sales in the vape shop. We do note however,that the parking lot striping has all but faded (see aerial below for location of suite 101). DSD recommends that the parking lot be re-striped and that at least one (1) compliant,ADA accessible parking space and loading zone be delineated on the south side of the building. Thank You, c&L4�FSQuivia.6 Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apachejunctionaz.gov (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) 1 f 0 11 % 5 „> i ft t a MAN 102 kf u�, N}+ esr :' aS,S •,t, }',, tf t�7T�X: Y 10 106 l� t tt�f k ttt 3N J ti }U414 11 100 k i { v 3 4 :,,f.•, }t tat tt [ r i-a � t a # ! :;}Sfjc �t't't.�st iif� rris: t�1 ,t ttxk#yy��i(t f, �, ,s .}�. fi,,.,,s t}� � I i� � t t i t,4.r. •i r:�{y21�>*� ## t,. � b, }r kk '-.- �, ii � ?� �ja�fffs�l{sl t t�i=•..if{I i{{i��rsr{ � � i{ "i i1� a �e to}r 4tSstt jit i1{ t From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent:Tuesday, March 7, 2023 6:21 PM To:Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: Liquor License Application for Cigar&Vape Good Afternoon, The City Clerk's office has received the attached Series 10 Beer and Wine Store liquor license application. 2 Please conduct your safety, security,ADA compliance and other inspections and submit your department recommendations to me by Wednesday, March 15, 2023, in order for this item to be on the April 4, 2023, City Council meeting. Thank you, Evie McKinney mckinne a ache°unctlonaz4 ov Ext 5061 4 City Of Apache Junction 300 perition Blvd. Apache Junction, AZ 85119 City Hall Hour ofOperation 7AM ---6I M, Monday through Thursday, closed Fridays, Ibismessage and the info ation within isintended forthe recipient. If you received thisernail in error, please notify the nderand then delete the email. Ernailsgenerated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule,To ensure compliance with the Open Meeting Law, membersof the City Council should not forward email correspondence to other membersof the Council. Membersof the Council and otherpublic bodiesmay reply to thismessage, but should not copy othermembersof the public body. 3 Yvette McKinney From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Wednesday, March 15, 2023 7:27 AM To: Yvette McKinney; Richard Mooney; Rudy Esquivias;Adrian Alegria Cc: Jennifer Pena; Donna Scruggs; Dana Martin Subject: RE: [External] Liquor License Application for Cigar&Vape Good morning. The SFMD recommends approval of this Liquor License Application. Thank you. Tina Gerola I Fire Inspector & CRR Specialist Superstition Fire & Medical District Office 1 ( 80) 982-4440 ext. 104 Mobile 1 (4 0) 416-9775 e site I sfn-id.az. ov From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent:Tuesday, March 7, 2023 6:21 PM To:Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria<aalegria@apachejunctionaz.gov> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: Liquor License Application for Cigar&Vape Good Afternoon, The City Clerk's office has received the attached Series 10 Beer and Wine Store liquor license application. Please conduct your safety, security,ADA compliance and other inspections and submit your department recommendations to me by Wednesday, March 15, 2023, in order for this item to be on the April 4, 2023,City Council meeting. Thank you, Evie McKinney m,Kkiinney_@apachgjunctionaz.gov Ext 5061 City Of Apache Junction Superstition Blvd, Apache Junction, AZ 35119 1 City Hall HounSof Operation 7AM -6PM' Monday through 1bVrsday, closed Fridays, Thismessmga and the information within isintendedfortherecipient. K you received 1hisammUin error, please notify the eendermnd then delete the email. Bnailsgenerated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council, Membersof the Council and otherpublic bodiesmay reply to thismessage, but should not copy othermembersof the public body. 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 23-177 Sponsor:Aaron LaSota Agenda Date:4/4/2023 Index: In Control: City Council Meeting 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. City of Apache Junction,Arizona Page 1 Printed on 313012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 23-161 Sponsor: Pamela Harrison Agenda Date:4/4/2023 Index: In Control: City Council Meeting Presentation and discussion on RFP#23002, Library Shelving, for an amount not to exceed $162,476.60. City of Apache Junction,Arizona Page 1 Printed on 313012023 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 Ilh QUOTATION 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 0 3131/2t 23 F EI HT LIS N Tp 30 IDAYS 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 o BUILDING TO HAVE ELECTRICITY,IC.TITY, UGHTINCJ AND STAGS NG AREA I AT TIME OF INST"ALL.AT0N C aBUYER lS RESPONSIBLE FOR ANY PERMITS OIL INSPECTIONSI t UNLESS OTHERWISE STATE r MIS ST HAVE S3GNED CUSTOMERAPPROVAL WITH COLOR CHOICES PM OR TO RELEASING ER INTO PRODU 110N ANY CHANGES TO INSTALLATION N ATF ONCE PRODUCT IS IN PRODUCTION NI WILL RESULT IN ADDI TION L CHARGESI - BOND COSTS, IF APPU AI LH, NOT INCLUDED (RATE 1 5%) F LV ILING WAGE INCLUDE ESTIMATED '1ATERIAL LEAD T•I S 1 - 12 WEEKS FROM UST ER APPROVALS g ADDENI LT S 1 -2 ACKNOWLEDGED I I DUE TO THE CURRENT VID-19 PANDEMIC, MATES FOR MATERIAL { SHIPPING AND INSTALLATION MAY BE SUBJ CTTCJ CHANCES I 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 Phone-,(480) 982-8002 Fax: {� FCusl-TNo, lay ti r� I L r Fran � a Va r r 3131333 FIT t 1 NET 3 DAYS Order � Unit Extended Quantity Description in t I Price Price r QUOTES ARE ONLY VALID UNTIL TITS EXPIRATION DATE SHOWN NE TO THE VOLATILITY ILPIT Y F STEEL AND FREIGHT PRICES - PRICING WILL NEED TO BE RE-EVALUATED AFTER QUOTE EXPIRATION DATE z s r i Ic s { r c V 4 s t I 3 z i � f COMMENT �Oaferhal Daly tdl , a 00 T t l 147,70 cc I;an(.,; . 1 Ii emi rs°fie prices, �x1��3cifi E�t& n s, �d t rm a re satisfacto y an h debt' accept �I �� Accepted d by:_��mm___.. _____ Date,--,—,, CREDIT CARD PAYMENTS Deposit Amount: .. .,._. w. Paid lrs° by TI Ltl: � SLOE SUBJECT'TO 3516 Credit Card (VISA/MC)_,____ F: S Date: PROCESSING FITLmmi Name on ETC CCV Billing Address for CC: _.._......._ r, a7 " fa I r ... d w.. t, r st r s' r` €g€ �t �j. ea r i° 1 3 I� r• �r � ,.� � t a £ t �� s 1 a r7 to r f r ll a s' tYs s t ( t A'� t � ' t I x 04 1 sr r � Yt �/ t , s 3. r c,= W 'a c r, cm t W.2.� R lawme UnNnu C Q 4S i%r 9"� S g 7 {o.t,S r 2n 116 ....a.... .sr.;,.he. ...w 4.,."rvr i `4;r-i Y,a-;'.s,..,. i „sz.,.,i. ar..., c;{bwak Wmwank CwAnv , .v. -e:c.a,..t) ,:_e,ns.,,.n d As",._a..., .,, wow s rQm M CMOs m,,,. o w wu to t wamw smmme r3C: b. ..... ( r. .:"., ..., ..,. Elevation Fiction Book ,Shelving System: ,apJracefil ilprerinte Cantilever:She wing ,__...... „__ . Shelving: Space file Sir preme Cantileve. Shelving _Fully Adjustable in 1"Height Increments .�:.... 1?"Deep Shelving C Shelf Openings t Steer!C'anopy'Tops !sue<rrzar.e E°aS)'saar(tl i Finish !t. abh Powder CoalFinish( ighCt.s_[ nice to Abrasion;I '3 c ) -Available it ()Uf 1.2 Standard Colors/Finishes Selected Color: Retail Gray(steel)with blue steer book suppmts Capacity �.... 20 Shelves tsl _._.. :� Total ...... ... ._... .......,...... . ......... _ __,..... ._....: Norninni Filing Inches 22,320" 4=eight/Loagin . -Empty S>ystcnn Weight(Equipment Weight)=17,475 Ibs `,'v For:AAD,'..f' t r.h„fit,cmis r,,'f. u,t prcrvttd, r p ® M3; l t t y 9 t kin ',;a !a x! y . rt, t ....:...:x .. )..-� e'x c t.1.,x..ta„.Ip .tmt ass,, r....o;>._s.`p.`w prcp ..e..:rV(O.,.x .,".,". :r ai...)rR .ax..,..Any i s..c;nn,,r.,.'l .r.,,,s i,'ai_$.._P wY..,' is m t7.ol ,.t 3.Part, r .`L':;.k.reax - r-VO rdd p , ..:,.t.t,x.£efil. ?£3x, x�s'ta; . -C ,11,,Trn,.:t.�,it,.4..t CD/DVD/Video Games Sy ter„ -t>:cefile Supreme Cantilever Shelving Spa elile>Supreme Cantilever Shelving E Fully Adjustable in I"Height Inciernents Shelving a Shelf Openings s Sloped F.7ispt ay Shelves Steel Canopv Tops �Y F,frnit,ete.End Panels t_., .............................. � Finish: �...., i..,,Iable Powder Coat Finish(High Resistance"Co:"bra'"Fon/Irnp.act; s � 1ve sel_in n!r'3� Standard Colors/Finishes w i��t ennF�et�v�nseleCt?;{ rler; Retail Gray t 8rdt with Me p j Capacity: 32(.)Shelves Total Nominal Filing Iricne s 1.,520" Weigh t nfitY°`>y.btern Weight(Fpn3r ment Weight) ,66 Eb,s .�. pac cta,t.ei eIe f �c(rr ., .,�� t s,'p s � �{ �. r i i¢, r!e i H LayolA px 5......, Apache aw:t e J.3. ..::cw.,Library- e r,F,d .urnay.,:,pv ,n e a y w na Corp ry do s rii„.or of do,, r..rn o-,n�!s€w.t..oie ar 5 r pa,t,or c o;j...,.themof tcr,r y sy ,.3 3?<.,.?vvahmn ,r,'.t.., t ' ;..-.a v t,,,., > tri it.,Mcfl,pFohib,ted Elevation - Nadi k Shelving Sp �e. t€i)at.t fkh.SakL,.(a'me Cantilever S hralvintt Shelving: Spacefile SUpreme,Cantilever Shelving by�sra��stoat le era I"Height Incaev'rien s t't r`shell Openings '€ Steel("lancipy Tops Laminate End rariels � k^ir7t5,xY; .. -k.uroble,Powder Onat Finish(Kgh Resistance to Az7oa,,r7ii;'rIT};.,zlct) ....._. Available in our 12 Stxaxatlaa,d€....liar;J Finishes Selected Color� Relail Gray(steel)with Nue steel book,supisciqls r',€, ..,_ ...... ... .. ......... . . ............... 0 Shelve TcA aI t,t,amin11 F71rr,1 rra,..l're.., .1440„ Weight/Loading: Empty pty Sy stern Weight t( ci Ritarrantst:Weight)it ht)m 1,127 Ihs Layout Appno-ved k. sm, km ,ru`e rat... ) + .`.;..''.E. s L ,dcx ment'.p..,. ...,,p s. c_ ..;x.. a.. .1€..,;r., ,..Z..x€v ow..hs _,ut:...of a.,, ,v.p.o , ,pa p r ,r.,xf thwd,..r;, ,thou ..:.c e :n1-1 .,9,y'al i, no it�:t'= ,",t. : .,1. :ot..r. .}ep h,Y,,,ed. r Spacefile Spacefile International has been in business for over 5 --years and provides industry-leading high density storage systems. We have a network of representatives and certified installers across North America and the Caribbean. Spacefile International builds all our awn products in our North American manufacturing facility, We have decades of experience in research, testing and design of high density mobile storage systems. Our purpose is to provide products of the highest value regarding price, usability, safety, durability and product lifespan. Supreme Cantilever Shelving Create an attractive and functional area with Spacefile International's extensive selection of display shelving and equipment. Innovative design concepts are aimed to exhibit virtually any product and offer efficient utilization of space for any area. Cantilever components go through robust and rigorous testing to erasure safety, reliability and durability. An extensive range of shelving, accessories, finishes and end parcels are available. Media shelves, bookshelves, canopy shelves, zigzag shelving, periodical, and retail displays can e installed on all our mobile systems. The modular nature of this product also allows you to add-on, move the system or reconfigure it to suit environment you wish to create. Powder paint coating provides an attractive, durable coating with superior performance qualities. Powder Coat Paint All Spacefile International metal products are finished with powder coat paint, providing a durable hard surface with superior performance qualities. Pounder coating provides excellent abrasion, impact, corrosion, stairs, and chemical resistance, exceeding stringent scruff, scratch and chip requirements of the American Library Association. Rounder coat paint also emits negligible VOC's (volatile organic compounds) for a cleaner, healthier indoor environment. Paint is available in any of our 12 standard colors, our eco-friendly paint option and customs. pacefile International's commitment to our community and our environment directs haw we manage and grow our business, We monitor emerging environmental trends,technological advancements and regulatory changes to guide our actions and environmental policies. We collaborate with our suppliers and customers to reduce the environmental impacts of our products and services throughout the supply chain to ensure continuous improvement in our environmental practices. Spacefile International is committed to being environmentally responsible. We take pride in our work and have completed many marquee projects over our 0+-year history. We take our commitment to the environment very seriously and have some of the most environmentally friendly products in the industry. Our entire team works very hard to ensure each project is completed to the satisfaction of the end users. Thank you for the opportunity, we would greatly appreciate your business. Spacefile International Corp. 18 FIuddersfield Road,Toronto,ON,Canada M9W5Z6 so r 1 cell Free 1866 905 5539-Phone 905 625 5539-Fax 905 625 6894—www,spacefile.com..hfo@ spacefilexom r I 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 product will be free of defects in materials or workmanship. Space ile will provide a five (S) year parts and one (1) year labour warranty from date of shipment for all Spacefile mechanical components, Spaceffle CT Shelving, Spacefile S-Une Shelving and Spacefile Supreme Cantilever shelving. Other This product warranty is contingent upon the normal and proper use of the product. Damage resulting in whole or in part from alteration, misuse, abuse, neglect, fire, accident, flood, or act of God; improper use or application of the product; or any defect in products not covered by this warranty. Structural frames exclude all moving parts, guides or controls with immediate contact with moving parts. This warranty does not apply to defects arising from accidents, misuse, improper installation or operation, normal wear and tear, neglect, unauthorized repair or alteration. Spdcdfile's obligation to repair or replace any product which fails to meet the expressed warranty set forth above, is the sole and exclusive remedy for a breach of such warranty. The expressed warranty is the stale warranty with respect to the product and is in lieu of all rather warranties for merchantability and fitness for a partiUdar purpose. Under no circumstances shall Spacefile be liable for any consequential, incidental, special or exemplary damages arising out of or connected with the delivery, sale, used or performance o the product, even if Spacefile is appraised of the Relihood of such damages occurring. Gn no event shall Spacefile's liability (whether in contract,tort, or otherwise) for damages arising out of or relaflng to a breach of the above expressed warranty exceed the purchase of the product. Such hmitation on liability, shall without limitation, be applicable in the event that the stale remedy of repair or replacement for a breach of the above expressed warranty fails of its essential purpose or is otherwise unenforceable. In the event of repairs or replacements,the warranty period shall be extended equal to the time for loss of use. This warranty is not transferrable. Spacefile International Corp. 18 Huddersfield Road,Toronto,ON,Canada M9W 576 50, 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. 13. File ID: 23-178 Sponsor:Ted Wolff Agenda Date:4/4/2023 Index: In Control: City Council Meeting 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. City of Apache Junction,Arizona Page 1 Printed on 313012023 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. 14. File ID: 23-180 Sponsor:Joel Stern Agenda Date:4/4/2023 Index: In Control: City Council Meeting 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 of Apache Junction,Arizona Page 1 Printed on 313012023 COUNCIL, BOARDS :AND COMMISSIONS CODE OF CONDUCT Public trust is built on the actions of elected and appointed board and commission officials ("members"). Residents gain confidence when members act fairly and honestly in their decision-making. Common sense guidelines assist the ability of members to perform their duties with the highest standards of personal ethics, integrity, fairness and impartiality. Members should observe the following standards and in instances where they are not observed, it is incumbent upon the mayor and board or commission chairperson to refresh their recollection of such guidelines: SECTION 1: ACT IN THE PUBLIC INTEREST The common goal of the city should always be first priority' and not furthering private or personal interests. Equal treatment of all persons should be the order of the day. Anyone with an actual, reasonably perceived or potential conflict of interest should recuse themselves from those items involving the conflict. SECTION 2: COMPLY WITH THE LAW Members should always act in accordance with federal and; state law and city ordinances, to include, for example, open meeting, conflicts of interest, public records, election and financial disclosure laws. SECTION 3: PROFESSIONAL CONDUCT Members shall conduct themselves above reproach and shall avoid even the appearance of impropriety. They should never act on a matter where: 1) their impartiality might reasonably be questioned; 2) they have a personal' bias or prejudice concerning a party or representatives thereof, a staff member or members of the public who support or oppose a party; or 3) they have personal knowledge of facts that are in dispute that would not be known by staff or the public at large. The question is whether their impartiality might be questioned from the perspective of a reasonable person. SECTION 4: PUBLIC MEETINGS AND DUE PROCESS REVISED April 2023 a) Members should always perform their duties with due process in mind so the public has a meaningful ability to observe the proceedings and participate in public hearings. b) Members should come to meetings fully prepared after reading the public packet, listen courteously and attentively to all discussions, and focus on the business at hand. Members should not interrupt speakers who have the floor, nor should they make personal comments or interfere with the orderly progression of meetings. c) Members should always be fair, objective and respectful at meetings and on social media, letters to the editor ("LTE"), articles or in other public communications. Members should allow questions posed to specific individuals to be answered first by those individuals. If the individual does not have the answer, then the mayor or chairperson may ask if others know the answer. d) Members should show great respect for the chair and always seek recognition before speaking, which practice will set the example for those'who want to speak and will contribute to orderliness of meetings. To enhance the flow or discussion at work or study sessions, it is permissible for the mayor or board and commission chairpersons to be flexible on recognition formalities. e) The chair shall not allow speakers to address the audience and they should be instructed to address only the public body when making comments. SECTION 5: ADVOCACY a) Members do not lose their First Amendment rights by virtue of becoming a member. However, when they decide to engage in social media, LTE, articles or other public-statements, they must not hold themselves out as being associated with the city and they shall explicitly advise that their views do not necessarily reflect the views of the city or the majority of the public body. b) Members shall refrain from attempting to influence other member positions unless such communications and discussions are heard in public at a regularly scheduled public meeting. Members may advocate political positions or participate in political activities in their personal capacities as long as they do not identify themselves as representatives of the city. SECTION 6: NON-INTERFERENCE WITH AND TREATMENT OF STAFF' 2 Members should observe the council/manager form of government and should not interfere with the administrative function of staff nor impair the ability of staff to implement council policies. Members may however discuss with staff significant projects if they need clarification on processes or need additional information. SECTION 7: GIFTS, FAVORS OR OTHER BENEFITS Gifts, favors or other benefits shall never be accepted by members to avoid even the appearance of impropriety. This includes event tickets, admission costs, meals, products, memorabilia and travel and lodging accommodations, but not de minimis tokens of appreciation such as pens, pins and plaques. SECTION 8: MEETING DISTRACTIONS a) Electronic devices at <meetings may be used to conduct the business at hand, however, if a family emergency or a personal matter arises and the means of communication is a personal device, it is recommended the member excuse themself from the dais to handle the matter. b) Members should be aware that nonverbal' body language is viewable by the audience, and may indicate their opinion, or be in reaction to comments from another member or speaker. SECTION 9: INFLUENCING ELECTIONS No member shall attempt to influence an election using their elected or appointed status nor shall use public facilities, public meetings or staff to accomplish such act. SECTION 10:'COMMUNICATION WITH LITIGANTS Members should use caution while communicating with litigants or their representatives during any pending lawsuits against the city. However, social graces such as waving or exchanging pleasantries may be extended. SECTION 11: CRITICISM OF STAFF Any criticism of staff by members shall be forwarded to the city manager and shall not take place in public. Staff should always be treated as professionals by members, especially in public. SECTION 12: ATTENDANCE AT MEETINGS 3 If an appointed member knows they will be unable to attend a meeting, they should notify the respective staff designee assigned to the particular board or commission and/or the chairperson of the respective board or commission. SECTION 13: GENERAL RULES OF DECORUM Members shall at all times avoid engaging in personal attacks, be polite to,speakers regardless of any adverse positions, treat the public and staff with respect, dress professionally, actively listen without diversions (i.e. no sidebar communications of any sort, no disrespectful or rude use of electronic devices, and no eating at the dais unless there is a medical need for immediate nutrition). SECTION 14: INCOMPATIBILITY OF OFFICE Members shall not serve on other boards and commissions with conflicting duties; incompatibility of office depends on individual duties required of each position and members should consult with the city attorney for a determination if there is a concern. SECTION 15: QUASI-JUDICIAL CAPACITIES Conditional use permit council appeals and board of adjustment hearings are both considered "quasi-judicial", meaning members act in a judicial appellate capacity at those meetings. In all such cases, members should not communicate outside the public meeting parameters with any applicant or their representatives nor should they provide opinions, comments or support on social media relative to the case or issues at hand. SECTION 16:'LEGAL TRAINING All members shall at the first available opportunity, complete any formal training offered by staff, including but not limited to any legal or city attorney sponsored training. SECTION 17: STAFF RECOMMENDATIONS Members should not take staff recommendations lightly. Staff personnel are specialists in their area and have come before the public body in their capacity after years of study and experience. The recommendations of staff are typically and technically correct. Members may however ask for clarification or further explanation if there is some confusion on staff positions/recommendations'. 4 CONFLICT OF INTEREST LAW 1. OBJECT AND PURPOSE The abject of the conflict of interest statute is to remove or limit the possibility of personal influence which might bear upon a public official's decision. See Yetmzn v. aurnana, 16 Ariz. App. 14, 17, 492 P.2d 1252, 1255 (1972 . The purpose is to prevent self-dealing by public officials and public employees. The financial interests of public officials or employees must not conflict with the unbiased performance of their public duties. One cannot serve two masters with conflicting interests. See Maucher v. City of Elo , 145 Ariz. 33 5, 701 P.2d (l 985); see also Williams v. State e. rel. Harrison, 83 Ariz. 34, 36 (;19 '7) (where the court stated "It is imperative that a public official have no personal interest that might clash or conflict with that of the state"). 11. SUBSTANTIAL INTEREST CONFLICT A public official or employee who has, or whose relative has, a non-speculative, non- remote, substantial interest in a public body's decision, contract, sale, purchase or service, shall make known the substantial interest in the official records of the public agency and shall not participate in or influence the decision, vote, contract, ';sale, purchase or service. SeeA.R.S. § 3 -503 A . Even negligence in failing 10 comply with this conflict of interest law can trigger serious consequences. See e.g A.R.S. § 38-510(A)(2), where reckless/negligent violations are considered to be a class one misdemeanor. A public officer or employee therefore has an obligation to become aware of their interests and those of their relatives. A "substantial interest" is a non- speculative, non-remote, pecuniary or proprietary interest, either direct or indirect, by which a person will gain or lase something that is net abstract. General sympathy, feeling or bias is not pecuniary or proprietary. See Hughes v. Jorgenson, 203 Ariz, 71, 50 P.3d 821'(2002). See also Yetman, supra: 111. THE "CITY PROVIDEW' CONFLICT General Rule (A.R.S. § 38-50 (C)(1 . A conflict of interest exists any time a public officer or employee supplies goods or services to their public entity, not pursuant to public competitive bidding. Exception L.R.S. § 38-503(Q(2D. An exception to this rule exists if the goods or services are valued at less than 300 for a single' transaction, with a maximum aggregate for all transactions of 1,000 annually..... REVISED April 2023 IV. THE SELF-DEALING CONFLICT General Rule (A.R.S 38-504 and 38-5QJ5 . A public officer or employee shall not: A)represent another person for compensation''before a public agency during them tenure, or within 12 months afterwards, concerning any matter in which they were directly involved or concerned; or Bj disclose or use for personal profit, during or within 2 years after leaving office, confidential information that they became aware of while a public officer or employee; or C use or attempt to use their official position to secure any valuable thing or benefit from that which would not normally accrue to theme in the performance of their official duties, the benefit being of such a character as to manifest a substantial or improper influence upon them with, respect to their duties (i, . benefiting donor rather than the public good), or D)receive or agree to receive, directly or indirectly, any additional compensation for any service in connection with any matter pending before them. V. WHY SHOULD ANYONE CARE? Potential consequences for violating the law include: A) criminal penalties for knowingly or intentionally violating the law, a class f felony punishable by prison time and a maximum fine of 150,000; negligent or reckless violation, a class l misdemeanor punishable by a maximum of o months jail, a tine of$2,500 plus penalties and assessments, 3 years probation, ' and other orders deemed appropriate by the court. See A.R.S. § 3 -510. Bj forfeiture of public office or pudic employment, contract cancellation (3 year window pursuant to A.R.S. § 35- 11(A)) and assessed attorney fees and costs, inclusive of fee or commissions paid in furtherance of the contract under A.R.S. § 3 - 1;1(E). C private citizen lawsuits alleging violation of civil rights and violation of the conflict of interest statutes under A.R.S. § 3 -50 , which; can lead to removal from appointed office and an award of attorney fees, See Welch . Cochise County, et als., 251 Ariz. 519 (Arizona Supreme Ct. 2021) (where the Court 2 invalidated appointment by Board of Supervisors ("BOS") of one of its own members to justice, of the peace who participated in the selection process without publicly disclosing his interest in the:; position; and where the BOS briefly first met to discuss the appointment, conducted unknown discussions in executive session with an unexplained hour-long dewy in reconvening, ending in a;surprise nomination of a sitting supervisor-- all of which raised the specter of secrecy). I)) criminal felony (class 5) and forfeiture of public office for making or being interested in contracts or becoming a vender/purchaser in public contracts. (See A.R.S. § 3 -447). VI. REMOTE INTEREST EXCEPTIONS (AR.. . § 3 -50 ) The following are considered "remote interests', and world not prohibit the public official/relative/employee from being involved in the decision, contract, purchase, sale or service: A) non-salaried employees of a ncnpro fit organization. B) landlord/tenants of a contracting party. ) attorneys of a contracting party. D) non-profit cooperative marketing associations. E) insignificant stock ownerships ( % or less of total shares, with income less than 5% of total dividends and ether payments from the corporation which are less than 5% cif the total annual income from the corporation). F) reimbursement of expenses. ) recipients ofpublic services generally provided to ethers by city. H) interests of other agencies. I) public school beard members when relatives are not a dependent or spouse. 3 J) class interests (if member of trade, business, profession or other class of persons consisting of at least 10 or more members with which no greater interest than that of other class members).. K.) „ relative who is an 'employee of any business or government entity that employs at least 25 employees in Arizona who do not have nor assert management/budget decision making authority or control. L) ownership of any publicly traded investments that are held in an account or fund, including mutual fund, managed by one or, more qualified investment professionals who are not employed or controlled by the officer or employee and that the officer or employee owns shares or interests together with ether investors. I. ; WHAT SHOULD THE PUBLIC OFFICER DO IF HE OR SHE BELIEVES A CONFLICT OF INTEREST EXISTS? A)Obtain a written opinion from the ci1y ,attorney. No public officer is personally liable for acts done in their official capacity if good faith reliance o written conflict of interest opinions of the city attorney. (See A.R.S. § 38-446, Immunity from personal liability). B) Disclose end withdraw. Once the conflict has been determined to exist, the public officer shall: 1) declare such conflict publicly, 2) leave the room and not vote on the decision nor influence other decision makers on the vote; and 3 not be a party to the contract, sale, purchase or service; which is at issue. CAUTION: A conflict of interest should never be used to escape accountability on a vote, to avoid taking a stand on a controversial issue, or appease an unfounded or unpopular public perception (i.e.: a proclaimed abstention is not technically allowed, but declaring a conflict and leaving is). "III: CANCELLATION OF CONTRACTS The city and any of its departments or agencies may cancel within three years after execution any contrast without penalty or further obligation, if any person significantly involved in initiating,, negotiating, securing, drifting or creating a contract or any extension thereof, is an employer or agent of any party to the contrast in any capacity or a is consultant to any, party of the contrast with respect to the subject matter of the contract. In addition, any fees or commissions incurred may be recouped. NOTE: The cancellation clause under A.R.S. § 38'- 1 t(A) became the center of controversy sonde years ago in the Glendale/Phoenix Coyotes Arena deal 4 where a former employee of Glendale was hired by the Phoenix Coyotes. The court ruled that due to the employee having worked on the Phoenix Coyote Arena deal and then being hired by the Coyotes, a portion of the contrast was struck down as null and void. See Ice Arizona Manager Co., LLC v. City c�,f` Glendale, et als. l laricopa County Superior Court, circa 2015). IX. REMOVAL FROM APPOINTED OFFICE For appointed commission and board members, they serge at the Measure of the mayor and city council and may be removed with or without cause any time during their appointed: terms. While it is unlikely removal would be pursued: "without cause", here are some viable "for cause" reasons: A) violation of the open meeting law or code of conduct B) violation of oath ) more than three unexcused absences from meetings D) conflict of interest violations E) rude, abusive, slanderous or disrespectful behavior directed at public, staff or city council and applicants and their representatives F) using title for personal purposes or to influence an election ) gaud, collusion, coercion and evidence of bias against or for an applicant or staff member 1-I) committing:violent acts I) inefficiency ) neglect of duty or;malfeasance in office X. DEFINITIONS A)"compensation": money, any tangible thing of value, or a Financial benefit. B) "employee ': any person employed by an incorporated city or town, a political subdivision of the state or any of its departments,, boards, commissions, or agencies (inclusive of counties and school districts), whether full-time,part-time, contracted, or who otherwise agrees to some compensation in exchange for performing some function for the government. ) "made" or "make known"* the filing of a paper which is signed by a public officer or employee and which fully discloses a substantial interest, or the filing of a copy of the official minutes of a public agency which fully discloses a substantial interest pursuant to A.R.S. § 38-509. D) "official records'', the minutes or papers, records or documents maintained by a public agency for the specific purpose of receiving disclosures of substantial interests required to be made known. E) "pecuniary interest": an interest by which a person will gain or lose something, as contrasted to general sympathy or bias. F) "public 'agency": all courts, departments, agencies, boards, commissions, institutions, instrumentality or legislative or administrative body of the state, county, an incorporated city, town or any other political subdivisions'(inclusive of counties and school districts). + ) "public officer": any elected and appointed individual of a public agency established by charter, ordinance, resolution, state constitution or statute, any member of an advisory commission, board, council or committee, regardless of whether they are paid for their services. H) "relative": any individual within two degrees of kinship, including spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood and their spouses, and the parent, brother,sister or child of a spouse. 1) '`subsantial interest" any non-speculative, pecuniary or proprietary interest, either director indirect, other than a remote interest. 1. MISCELLANEOUS A)l' epotis : State Rule: It is a class 2 misdemeanor under A.R.S. § 38-481 for a legislative, executive, ministerial or judicial officer to appoint or vote for appointment 6 of any person related to him or her by affinity or consanguinity within three degrees to any ;clerkship, office, position, employment or duty in any department of the state, district, county, city or municipal government of which; such legislative, executive, ministerial or judicial officer is a member, which involves the payment of government finds. City Rule: t) Under Apache Junction Personnel Rules, Rule 4, § b, individuals cannot be hired employees who are related to a current employee by blood or marriage (parent, spouse, child, grand parent, grand child, brother, sister (of the half as well as whole), uncle, aunt, niece, nephew, I cousin, mother-in- law, father-in-law, sister-in-law, or brother-in-law) if one of the employees is in a supervisory chain with the other; and 2) No person, by blood or marriage as noted above, related to a councilmember, city; manager, city attorney, magistrate judge, or department head may appointed to any city employment positon. B) First Amendment: Can a°city board volunteer be removed due to a failure to provide politically consistent connections,with the elected body? Yes. Pursuant to S ayna Lathus v. City of Huntington Huntz an Beach, No. 1-5 1 7 ( ' Cir. C.A.) Decided January 5, 2023). This case involved members of the Long Beach City Council appointing the plaintiff (Lathus) to the City's Participation Advisory Board ("CPAB"). The Long .Beach city code allows removal without cause. After her appointment Lathus was photographed at an immigrant's rally standing near persons believed to be Antifa. The councilenber removed Lathus from the CPB even after she publicly denounced.Antifa. Lathus sued in federal district court. She lost and appealed to the 91 circuit court of appeals. It affirmed., holding; 1) the speech/activities of the plaintiff could be imputed o the assigning councilme ber; ) plaintiff is the public face of her appointee, and.. 3) she could therefore be removed for lack of political compatibility by undermining the council's credibility and goals of the board. C) Standing: 7 In the 6' circuit court of appeals (which covers Ohio and; other midwest states), residents and nearby property owners sued to invalidate a variance approved by a county board of adjustment and appeals based on due process violations. The court +denied relief since the plaintiff did not have a property interest in the property that was the focus of the variance. This was the decision despite the fact that one of the voting board members had an undisclosed financial interest in the property. The boardmember once awned the property, then transferred it to his son and retained a mortgage on it. The boardmember did not recusc himself nor disclose his interest and the variance was unanimously granted. The plaintiff did not attend the hearing, submit objections, or file an appeal. The variance was to allow a commercial property adjustment to parking requirements, setbacks and fencing adjacent,to a residential community. (See Brooks, et als. v. Butler County, et als. ## 1-41; 9 (61 Cir. Decided July 7, 2022 UNPUBLISHED). HED). OPEN MEETING LAW I. PUBLIC POLICY It is the public policy that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed cir decided: (see .12. 3 -4 1.Q ). The open;meeting law (��OM12 was first enacted in 1962 and its purpose is to open the conduct of the business of go cement to the scrutiny,of" the public and to ban decisions made in secret. (See Karol u. Board' f Education Trustees, 122 Ariz. 9 , 593 P.2d 649 1979 The pudic may attend and listen to the deliberations and proceedings ' public meetings and may speak to address their. concerns t public hearings, however the public has no right to, cast a 1,vote on the issues at hand. All legal action by the council shall occur in public. ( 'ee.A.R.S. § 38- 43 L04 II. WHY SHOULD ANYBODY CARE? Potential consequences for violating the law include: A) nullification of action taken/court issuance of writ of mandamus forcing, OML compliance B investigative and enf6reement actions by attorney general/c6ubty attorney,with an initial penalty for those who,knowingly violate the open meetings law and`those Who aid in the Violation as the superior, court deems appropriate, 500 for second and $2,500 for third and subsequent violations, C personal liability for above violations, attorney fees and costs D) removal from;publ c office E) recalls F) embarrassment to city/elected officials/staff III. WHEN DOES;THE'OPEN MEETING LAW APPLY? The open meeting law applies to meetings when there is a quorum present of a public body. IV. DEFINITION REVISED April 2023 A) "adv soy committee" or, "subcommittee". any entity that is officially established and whose members have been appointed for the specific purpose cif making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by ,public body. "executive session': a gathering of a quorum of members of a public body from which the public is excluded for one or more of the reasons prescribed in A.R.S.; § -�4 1.0 . C) "legal action": a collective decision, commitment or,promise made b public body pursuant to the constitution, bylaws ' or specified scope of, appointment and the laws of the stag. (See A.R.S. § 3 8-k4 1(3)) D) "meeting": tho gathering; in person or through,technological devices,, via Internet'or other online medium, ofa. quorum of n mbers of a public body at which they discuss„ propose,, or tape legal action 'including any discussions, deliberations or considerations,consultations that may foreseeably,require final action or a final decision by the public body. (See A.R.S. § 8-431(4)) E- mail, social media communications, text messages; uoicemail, telephone communications between :members of the 'public body cannot :be used to circumvent the OML. See Ariz. Atty. Gen. ©pinion No, 0 -004. CAVEAT: It is not .a I violation of the law,if a member of public body expresses an opin ion or discusses an,issue with ,the public either at a venue other than.',a eetin that is subject to Title 38, personally, through the media or�other dorm of public broadcast communication or through technological means and social media if. ,1 the opinion or discussion is not principally directed at or directly, given to another member of the public body, and: there is no concerted plan to engage in collective deliberation to take legal action. (S" A.RS. § 3 - 431.09(B); A, .Atty Gen.0p. 107_p 1 ). E) "public body": the legislature; political ubdivi'ion including counties, schools, special districts;cities, towns and all boards and commissions of these entities'- all quasi-judicial' bodies,, advisory committees and subcommittees (which are established by the public bid or' presiding officer tasked with making a recommendation to,the public body about a decision or course or conduct).: " '. NOTICE EMERGENCY MEETII GS 'A NDA Nl MINUTE A) NOTICE 2 General Rule: Notices and agendas for such meetings shall contain information' as is reasonably necessary to inform the public cif the matters which are being discussed.,or decided. (See A.R.S., ' 3 -431.a ). Notice of a metting,,to the public must be pasted on the city's inters website and in hard copies in designated locations at lust 24 hours in advance, excluding non-wort days, Saturdays, Sundays and holidays, , , stating the name cif the' public: body, the date, time and place of the meeting. Notice of the meting to the members'of the public body is also required. (See A.R.S. 38-43 t.02). An extended delay in starting at the scheduled time of a' meeting can cause any, vote made at the meeting to be invalidated. 'See Welch v. C o hi e County, ,et al.s., 251 Ariz: 51 (Ariona'Supreme Ct. ©21). B) EMERGENCY MEETINGS:,, ; 1) Emergency meetings may be conducted Mess than' 4'hour notice is permitted, except in a personnel matter, which still requires a, minimum of:a 24 hour notice). An "emergency" exists vVhch,,due to unforeseen circumstances; immediate action is necessary to avoid some serious consequence that would result from waitin until the required notice could be given. 2) Ratification of an action (must past notice of ratification of a prior action taken in violation'of ripen;meeting law at least'7 hours in advance of meeting). 3) Recessed meetings (less than. 24 hours notice is permitted f`©r a meeting, which will be recessed. to a later date as long as the first meeting was properly noticed). (See A.R.S: ,, -431.0 (E)). G) AGENDAS 1 'General Rule: in addition to the time, date, and ,place of the meeting set forth on the notice, the agenda must contain such information as is reasonably necessary to inform the public of the matters to be discusser) r decided. (See A.R.S. 38-431.01 and 38434.09). "the 4gen a. may be made available to the public b including it as,p .rt of the public notice or by stating in the public notice how the public may, obtain a copy of the agenda. (See A.R.S. § 38-431.0 �G)) 3 2) Order of Agenda: As, 'long as each item to ire discussed i specifically described, the public body,may, dictate in which order each item: is to be considered,which which may include:' executive sessions" the consent agenda, awards, presentations, and current event summaries, city manager or'director report, public hearings" old and new business,, direction to staff, selection of times, locations and meetings, information and reports, and call to the public. Call to the Public:. Individuals inlay address the public body, on any issue within its juridictian and if it is not, the chair may Mule the speaker out' of order, and may order the speaker to stop speaking or, be removed from the meeting,'sli uld the speaker, disregard the chair's ruling on juridictionix While :members of the public body may not answer, questions or, discuss comments during call to the public; the public body may do any of the following: a) respond to -criticism after, all speakers have ,spoken (See Ariz. tt'y' enw Op.No. 122-003), , b) ,ask staff to review the matter c)' ask staff to place the :matter on a future agenda The public body shall not discuss or take legal action on matters raised t call to the public unless the matters have been properly noticed for discussions and legal action. '(1d.; and see A.R.S. § 3 ' 43 l O1(H)). 'There is a three (3) minute time limit per, speaker"at call to the public. (See AJ. : . - - L ). Local government/school districts may not pass or enact prohibitive rules which allow the chair or presiding officer to override the discretion of,members,to respond to criticism- ,,(See Ariz. Att'y Gen. Op.,No: I22-0013). 1- 1 D) MINUTE 1) General Mule. Public bodies shall provide for the't king'ofwritten minutes or a recording of all their, meetings: :Minutes shall include:- i) date; time, place ' 'of meeting; ii} present or absent 4, notation of members of the public o y, iii) a,general,desctiptibn of the items considered (verbatim transcript is not required), and iv) an accurate description of all legal actions proposed,;discussed or taken including a record of how each member voted, the names of the members who I propose, each motion, the names 'of the persons making statements or presenting material to the'public body and a reference to the legal action about which they made statements or presented;materials. (See A.R.S. -4 1.01(B)), ) „ , public Inspection. The minutes or recording of a council meeting shall'be available for public inspection,, three working days after the meeting, and a ,statement of legal action taken at the meeting shall be posted on the cty's Internet website within three working days after , the' meeting (ten working days for board and commission meetings. Within to o 'wort ing days, following approval of the minutes,the city must past approved minutes of its council meetings on its internet website.' VI. EX LTTI E ESSI©NS A) ARE ONLY FOR: 1) personnel matters Including employment, assignment, appointment, promotion, demotion, dismissal, 'salaries., salary schedules, compensation, discipline and resigatiott ) ; confidential records ) legal advice 4) pending or contemplated litigation, including discussions involving contract,negotiations and settlements 5), discussions and consultations with employee, organmations on salaries; salary 'schedules, or compensation paid,,in the form of fringe benefits ) discussions ' and consultations with. Indian 'tribes ' and matters relating to international and interstate negotiations 7) negotiations on the sale, purchase, or lease ofreal property school safety planslprogratns 9) security, plans, procedures, assessments, measures, or systems relating to'©r having an;impact on public facilities ear operations or critical infra tracture and itaformatio technology B) LEGAL ACTION,AGENDAS, MINUTES,TTES AND CONFIDENTIALITY: 1) Final Legal Action. During the executive session, the'public body may only discuss, consider 'and' direct its attorney to take legal action; however, the,"public body must convene in public to vote for binding the public entity on the directed:legal action. ), Agendas and Minutes. The agenda for an executive session must provide more than just a reeitat, of the statutory, provisions authorizing the executive session; it need not contain' information that would defeat the'purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee 'or employee,,or compromise the attorney-client privilege. The minutes of executive sessions: (just like open meeting minutes from (D) ' above) need not be verbatim but must -reflect an accurate description of'all',instructions given during the executive,, session to attorneys or labor and real estate representatives regarding the public body's position. Se A.R.S. § 3 8-431.01( )). 3) Confidentiality. mutes and all discussions in executive sessions may not be disclosed, except to the following persons: a) any member of the public body ,that met in the ,executive session as well as e b rs who did not attend' unless their absence was due to a declared conflict of interest b) any, officer appointee, or employee who'was the subject of discussion. c)' staff personnel to the extent necessary for them tci prepare and maintain the :minutes of the executive session d) the attorney for the public body, to the extent necessary for the attorney,to represent the public body , e) the'auditor general involved in an audit of the public body the attorney general or, county attorney if requested during an, official investigation' g) a court of law where a violation has been alleged. A knowing or intentional confidentiality, leak is a class o felony,and , a reckless or neglignt leaf is a class 1 misdemeanor. A,R:S. 6 38-51O(A). Either type of violation could also lead to, forfeiture of office. (See Ak& § 38-5 1O( . 4) Who may, attend. Only, these individuals whose presence is reasonably,necessary to carry out executive session responsibilities. S e.A.R S. § 38-431(2)). The mayor or chairperson should remind all present that the business conducted in executive session is confidential pursuant to. . .. . 8-431.03( ): ll. CALAGORICAL EXEMPTIONS ' This OML does'not apply to the foll6wing: A) any judicial proceeding or any political caucus of the state legislature B) any conference committee of the state legislature, except that,they shall be open to the public for observation ) ctmmissions on', appellate and 'trial court appointments and the commission on judicial qualifications I ) state board of fingerprinting for central registry determinations and hearings E) medical board discussions on findings and reports relating to physician complaints F) social events where no business of the public body 'is discussed nor action being taken "VIII.—PUBUC PARTICIPATION & ACCESS TO MEETIN' GS A) While the public must be allowed to attend and listen to deliberations and; proceedings taking place''in public, there is no right of the public to participate in the discussion or in the ultimate decision of the public body. ( `e A.R.,S, 8-431.01 ; ri .A t .Qe .Qp ,78-1). B) If a legal action is brought against public speakers to deter,or prevent them from exercising their public pa ti ip tionleon tituti on al rights in governmental proceeding including, but not limited to, a ounc 1, planning and, zoning commission and board of adjustment public hearing and is deterinined by a court of law tol have been brought for an improper:purpose, including to harass or cause unnecessary delay or needless increase in cast of litigation, damages and attorney fees can be ordered. (See A.R.S. 12-752, Arizonans strategic lawsuits against public participation'C' LAPP") statute)., '7 } The public may record a meeting as long;as such recordation does not interfere with the conduct of the meeting. (See . :. . §; 38-4 1.01(fl). The notice and accommodations mush conform to the Americans with Disabilities Act ("ADA"') under 4 12 10 t-12213 D) Blocking of,parents' critical Facebook ;pasts: on a publicly accessible school district w6bp4go related to public officials' duties is a First Amendment violation since such I social media outlet is a public foram; was not narrowly , tailored; and there was a lack of any use rules of decorum or etiquette. (See Gar ter v. CJ'C 6,nnor—Rdtcl . ; 41 F.4t'h 11 (0 ir. 2022)*, 8 PARLIAMENTARY PROCEDURE A) PURPOSE &HISTORY The purpose of parliamentary procedure is to expedite city business in an orderly fashion. The phrase dates back to the 16'and 17'centuries in England in the House of Commons and early colonists in America followed the British model in town hall meetings. President Thomas Jefferson published the first book on parliamentary procedure in 1801 which served as the rules for the U.S. Congress. Henry Martyn Robert (1837 1923) (the "Robert" in "Robert's Rules") was a U.S. Army officer waterway engineer. He was assigned to go to a church meeting as the presiding officer. Due to a procedurally chaotic meeting, he developed the first rendition of procedural rules in 1876 formally published as the "Pocket Manual of Rules of Order for Deliberative Assemblies" (also commonly known as "Robert's Rules of Order"). Although applied more efficiently in private organizations and civic groups, the rules have been adopted by local governing bodies such as Apache Junction. (See Apache Junction City Code, Vol. I, § 2-4-6(A) which requires the mayor to preserve order and decorum at meetings and conduct them pursuant to the parliamentary rules+contained in Webster's New World Robert's Rules of Order, (0 199% by Robert McConnell, as revised). Any conflict in the rules with state law shall render them unenforceable. The city attorney interprets the rules for the council and its boards and commissions. B) GOALS 1) Decision making is done by a majority vote. 2)Every member of the voting body has equal rights and privileges to make motions, ask questions, speak and vote. 3) Minority views may be heard and considered. 4) The process is simple and direct. 5) There is a requirement to follow the basic motion rules. 6) Generally, one question at a time is considered. 7) Voting members are to be impartial and should seek recognition from the chairperson before speaking and should never make or engage in personal attacks with other members, staff or the public. REVISED April 2023 C) MOTIONS A motion (a proposal to do something)'; is the way business is conducted by a deliberative group. Generally, in order to make a motion, a voting member of the deliberative group needs to first be recognized as having the floor from the mayor or chairperson'. The motion can be made by saying "I move that ". A second is required and then a roll call vote can be taken. Typically and not exactly in perfect form with Robert's Rules, it is historical practice for the council and its boards and commissions to first have a discussion before a motion is made,not after the motion is made or after a second. Motions fail if they do not receive a second or if they do not have'a majority count after the vote. A motion to reconsider a vote may only be made by a member who voted on the prevailing side when the vote for the main motion occurred. The motion shall be made at the time immediately after the initial'vote, or at the regularly scheduled subsequent meeting; otherwise the ability to reconsider is lost. D) OTHER COMMON MOTIONS AND ACTIONS Amendment "I move to amend the motion by Tabling (indefinite delay) "I move to table the motion Continuing (temporary delay) "I move to continue this matter until " Recess or break time "I move for a minute recess." Withdraw "I move to withdraw my motion." Substitution "I move that the motion be stricken and substituted with the following motion: " Change order of agenda "I move that item # be placed before item # Objecting to procedure "Point of order." E) NOMINATION OF OFFICERS Selection of the chairperson and vice chairperson for boards and commissions and for vice mayor by the council shall be as follows: 2 1) Chairperson/Mayor calls for a motion to open nominations. 2) Chairperson/Mayor calls for a second. 3) Roll call vote is then taken on motion to open nominations. 4) Chairperson/Mayor calls for nominations. This is where a member, after having been recognized by the chairperson/mayor,has the chance to nominate members for the positions by simply stating"I nominate for the positon of " 5) Chairperson/Mayor calls for any other nominations (must ask three additional times). 6) Chairperson/Mayor calls for motion to close nominations. 7) Chairperson/Mayor calls for a second. 8) Roll call vote is then taken on motion to close nominations.i 9)'! Chairperson/Mayor calls for a motion to approve first person nominated for the position. 10) Chairperson/Mayor calls for a second. 11) Roll call vote is then taken on nomination. If there are multiple motions, whoever gets the most votes at the first instance is nominated for the position. 3 UBLI � S LAAW, L "ARIZONAS' POLLCYOF LICDISCLOSURE,( Public records and other matters in the custody of any public affrer shall beiop iri p coon:fc r any person all ti d irin 1 c u . Sep `aHsb i . . i� c� gu t; , t 41 rt . 4 '7 4 ' 77 P. d 1 4 , ' 4' 84 . ' The law serves to epen o eMITI, ut activity �0 public scrutiny: ri z c l 'owl 1, A 1, 156 P. 7 : The c purpose o he a w wallow public e to,officfdt,record s end Ether governmental tnf©r nati©n s6 that the publte may monitor th e lhre perfarane in A: i ona s Public Re erd At`X bioader than the Freedon of Inforr noon .A.ct " OIA" (see 5 t.1.& but"when tnterp etnig thie [P A, �it is apprcap�rtate t© 1c al to P IA for guidance": `e ' 6 i% New i , LLB' . c to, 5 9, 5 n. ; O P3 7 " 1 pp.'Div I� 2008). I1. AH H C.T11 C CAS`? pot on who,is'dented access to public records ula have a pause of aettcrn against the officer car ppbltc body f any aiaes rlin from the denial aft ppa the denial thrpr gh n special 'action filed in superior court. 'The court may award attorney fees and: either legal casts that are reasonably incurred if the pe son see tng public records has substanti ally prevailed to their lawsuit against the g r ern rent by secuing tie refusal to disclose Qr prccluce the records vas done In bcl faith paw may ubsta ti .11y pr va,it duly to the extent an acitonjs necessary o'acearrrpl sl the purpose;cif the t tp 1 public ecc r eghest. Pa' a gm ,D bra c , LLB`u. Pima Ci eci 4 Ariz, 4 ..P. d 11(t pp: It : 11, t1 . :finder, A.1 : 1:0 . B , ttie trialur nas wide Latitude to award atterney fees to the prevailing patty. ` Decce Pox r Prin 'cr Ariz: 4 , C P.3d 7 1 App. i�. 11, 01 Ho ve r, a plaintiff seeking attorney fees and costs .fir: publin entity fatlure�to produce records will be aced such eel�e tt `substanttatly preatl '' . : the eon will carder the' casts and £ec tf after a epm, prelieie ettinaicn by the dial eeurt; ltnttf was more successful t : llu to abtainirtg the requested records, defeat the goernnent tit denial ofeces tc public records r securing other re�ief eirneerritng issues that,'' ere contested before the lttigatton was tntttated. L ii Lee ltl result, the public body can-,request a hearing bef re a judge who can review the documents 4n camera in chambers) and , r� � � � icy w� � ��t �� i .t to relcase car what to black out, or`redact". 11I. IFINITION F PUBLIC `reneral f�efinition. Interestingly;the P under .R. 11 et er. does": not c1e the to n blie records ,., ,". I wef tb �� ease haw nerretatian and other"statutes such as .R:. .: 4110 the term "public eeords" include: all bcicik , ► aps, p otcigraphs ©r c their cl©eumetitar nterals tegard c► ` physical term car lirafertinlitdlnit car op' s of such items pricked r reproducedn f lam: er electronic media, including electronic omputer metaclata lade car ree iced any cew eeetiQn ithhe tra aaetiantagency topursuanc ' with of, public l u i cs rcrre ri r i � tdv , h a cre o r its litlmate sueees4r as evidence af'the cirganiation, �rietcns, ptllies, d saic its .procedures, pe atians :sir other activities nf:the government, or because of the formational as historical value of data,contained therein: "e wlso ' lei ` 1 ; � i l l'. d �w The Pf?: requires public entities anandofficers to maintain all record reasonably eee at and a pf c p t to 'm inta n a accurate l�.r� ecl e cif their cifficial activities and any, activities uc rted by,monie$ ► tb Mate eir counties;cities and tour an ©theeuial % tdm ai©ns: The PRE also requires public off cers to discicise , o er matters, me u, i documents held by public of in his gar her official capacity i which the Public's interest in disclosure + teihs f n cietenfltere ��in confidentiality: ,See. 'ci Ri Pig - c za Irac `aaitt v. Rages; l ri 31, 3 , 1 P: d o©; 9 19 1 B) Poxmpt Disclosure: Once public records are identified, there; i a pre i n ptic n of di cld nre and:fhe Burden cif d ,etc ruing that'presux pti©n,falls up nth a lie ci ft ial lie sees to blccl access: fee t ale. e is Iit: : KPNrrz Co:, ll Ariz. fl ' 1': c1 3 , 1 ., . 'e Elsabeci+ r , vCollins, 1" Aari : 11, l : c t 11 , fr the, ublictiy� 13ner 1 wR 11.01 must"prcitnptl '' firm sh the public reeard upon bequest. McKee ., ' oriq,- rre eac :ate% 3 �:. ri . 4: pp. 'Div : I, (ll ) :ire in onv mence to staff to servi c e request does nQt warrant a de1a The tr ` roptl " also means. quick ci act car t what i recluird c without delay : Wiest i�� View, l e, u. �a�i" a Co 'ier% Offi ce, 2 1 Ariz � , 1 5 Rid . Div: I 00 e cle tl ro lin; disclosure is: o pli it with the P:RA; and 'pro ptue s' is ba.W of:the particular facts and circunistarics.: 11 � z uniritentinal failure to it lud a sei of of ith-a 0-plus page disclosure and quietly corrcctin the n isl l e is not bad faith end does not ndermine the overall f 'on bl n l rc rrmptn cif re eA . Even if the record i it b1 b alternate means,that,that is not reason to vithh©ld access to re�vie or pr+� lde copies: See A.RA&I&Co : y. Mesa Bali ,cpt:�,20 Ariz: 1 ,TV,.4 P34, 615 01S App. Div. ' ' 00 1 Tti cletern ine if roclucing elcicun eats popes an seasonable adminstratic burden courts consicicrlietber the general presumption in favcir,of clisciosur is overcomethe re court s:Arid time it will take t i locate, compile and redact the requested naterial ; t o ne :ef materials requested; and 3 the cot B ich c lian with , request,,' will disrupt:tic agency's ability to p rfo n its core fur Lions. See H zl . ` c f T Aria; 1'. l: . 1 iv t1 0 :E iliirc t provide', , ny eom�nunieaton .t© requtin "pad by ticrbnet1 entity relating to a t' and t o only pre idin t do um:On ftet tb req e tln . party files a lawsuit shows a failure in: prompt irespondin : ',LET . ,11 l cr t� r l of 'l l S s, i a." ` eeptions; ©pen access requirement i bet t . 1 statuty confidential exclusions; pnvac interests, a d best interests ofAhe state" Se : `u lso , supra: at 49t1, P.2d at 1245. � a pl s of:tbin s that do got need to be disclosed include dates of birth, social security nber home addresses, phone nmbers edical infor .tio, tax records; student e oid utility customer nforntitin, credit card.. inforn�atio' retirementacccnnt inrniation :sauinscheclr : at ' numbers; driver's license numbers; criminal histories, grand jug transcripts; and photographs ,of police officers. lnforation ithbeldut because it is embarrassing to the city could b contrary the P A See l�unwell . r z c%f" i r r z :1 4 r1 ; 0 5 7: I': d 14, 1 p I)iv: It, 1 . Additionally; personal. dentify 1191 victims i �r natio uncle .P.S; 3 ,1 3.t11 nary not be released, nor,a i c tt of ;police officer,"or",home address or home,:,telephone number, of a "law eiif cement officer, pro ccut, r ucl e, code enforcement ci fiver or other-1 aw emorcement of l i l; See A.R. --1 4. " 'I" h public records l vas not intended tc see as a private discocry tool* o a may for a :`itidiidual t© "help prepare personal case. )i r . B c e z l Ariz.4 Q 4 4-4 5- 10; 15 ( �©3 ,:citing 1 .R:B: . lcbris 7'i c lil?` Co., 43 V: 14 42 1 7 }. t is about release,:"t© the public 'at large," so in doing the balancing on interest described above, the criurt�veigs the��public's ntetet in disclosure cif an investigate fill;"tarn the requester's `pees©rat interest as an individual"litigant."'," o don bb Ariz. at 494, 495,1T T 1 , IS,., (B#t,see,Sr tli' v. "own- f ar Ar oha Cases Di it 4 4 .3d 2 ( i. "iv. I fl , where the court held public cr%tity riot r dac , pu Writ to a public ,. recordsruest t1e name and image of a hba pa�rtiipant because the hosier was determined to have acted ins'self de `enc resulting in she requesting Pa 'not being charged criminally since he Was:not cletermiried to b a victim . %ndr the Arioua ictirn rights statutes:-and: the incident ippenecl in public with ultipie to gat n nt cif d t t ri interests outweigh,the public's right for inspection and copies}: Any, person may request examination of publfc: records �r espies; pt ritouts ©r 1 of i ra lh r ci frig regular,,,ref fie hours or mad r u t that the ustodi h . mail a caps of any public record not otherwise mailable=ch the public body's website to the regstiri perciti. A.R, -1 .f}1(I (1 . A writteh request is net rcluird by statute but it is: ncoraed to av©id speculation"' and arriuit . PVBLI ",ENT AN CItA .GB A E A) The custodian may require and person requesting copy ©f any public record to pad n advance fir any copying and postage charges`. How'' e nei fee 6 boar d for inspe ti©n cif documents. Sep also Ari .CJp: tty en. ti�T13�012.: ' ictirn of crime grid the* attcirne s ho v er under A.R . � cannot::be ha gad fees for poe reports. Public record requests trade fdr court dournents have a thdifern chule than genera , schedule'pursuant AO AR' - t4 nor nonrcc € ercial use: , A ,person rc guesting collies; printouts: or ttcrp1 of`publi iecrd a rrori eceil; ur mad toe charged a fee for the records in advance: " agency ru bar fee it deems appropriate frpag �recrd ; ui a racinabl grunt cr the bt of ; and, etine; equipmnt personnel eor , but titt for cysts; Qf s arcliin fear the records. See A.R' 39=121,(}1 , s also �zcrci. . City ; 1ri . 41':2c1 : ( t?p. Div:.fl, 1 (1 and Att . eri:Op. 1 - �: However,, a victim i iif a c rinxe and their atto ricy "can, be ch rgecl f' r copies of police repar uncles -4 7. Fein commercial use; Perscins requesting repreiductions for;a comm rci purpose a defined .under A:RfS. : 3 =121.a3A} must provide a:stateine 4 setting forth the co n merciat,purpose l©r which the-records are requested. The' fee include reasonable cast f©r tine, materials qupnent and personnel in rprducin tli eec rd and value of:reproduction. The city can cibtain an ex ernp ion , ' 'the Bove nc r not tr; release the records Ji,feels'disclosureOf the records is not:'*n the lest interest cif the public. Pursuant tci A A. . 39- f 1.. 41) , "con nmercial purpose"" jeans use of a public record far the:purpn e of sale or es le; cr for the see ,o pr�i cin , 1 ocu m n onta h n t part of the op pint©ut:or phof6 raph,for sale, r the obtaining of names and addresses from, public records for the �urp� �f c li It tci or for, l'urpo in which the punch sir can reasbnabl anticipate the receipt of mt net a%n f of the direct use of the public record ci rn ercial pu pase dogs ndt mean the use f public record as evidence or'As research for evidence in n action , in :and judicial: :quasi judicial bad'. e �m uIta LAC a i R '*r� 1 a Aria,'393, 111 P.3d 43 App. Div. 1; 0 } , see is i r i ll v-Robert 3�7 Aria: 4 3 3 P,3d 7 11 . 7 . I . lavi e; dieheheurubtdreddn tt tr t e used" fora "specific"", " �nternplated'" r ,,pending"� action � the time of the regpe t and in tic end a f xned the ttorne fee rd;of 3p,00 , Accident Rcp aA A cident report§ are handled a little differently: e A.l . . '-667. Theycannot- h i n out if requested fir personal solicit tion� An unreda ted ©p rif the report shall be pro de without,a fee. =trig 1 a person who was involved in the accident of the owner of a vehicle nv it ed in the cciclent or representative thereof, an insurer 3 actor e l ate i e t atot,'ropro entinanyone involved in the accident. f: fSCE LLtJ R ILA & AL7 I'HtRITIE Offense epcmrts of jail lnrnates are public records. However, redaction:can be nmade 'or rc to to of rniaii n but charges cannot e made four redaction : a rho vun "Names,and xesu of applicants i ptic l c r public po ition are cat public records but names and. resumes bf final-candidates for a public prstti©n ire pubic ,records. e Bo4r�r cb ` r : h,'e' 7 1N i ? s, 1 1 fir% : t1 d 34 1991 w oliccoldnotbA h u n relefunder the P1 to enjoin our,: :,, individuals frbn,ihi4king,prose cti e,phblie records requests without court lea e,,the fe ue is ad :b d f016' and individuals did not:constitute a public nuisance;and tl defending �diiduals were entitled tc attorney lees for their successful defense. 'ie 7e�ertc � a7 e ar 22'7�Ariz: 1 • Div: I, }1 4 (involving public records reaests rewiring more than 1 hours to review nearly. 9,660pales Ofl docunet . i r p r c cd b e t d in �r are bli r 6r�s f news bi etatiOn : fee Stc� P liAi r i f �;" t Y., � ,' 1'7 Ari . ©4 75 P 2d 3k7 pp ,Div. I 1993 v w ,denied: July ; f 994 howevor,'the,,privacy,interests,ofsutvivors,must be weighed against the need fir public uvarc ct the''government' }� r urin " of its law:e le enn nt fiu�cticins. fee l e ve . Zl�z , 2 r � 1 1'7'54 7 �-T ,: 1 1':3d ; - , ,: Div. (9 : ddit�ien ll ,, Politica onstilt� flue's use c�� ete�r infurrnatibi t 'in 'fudheran of 1t business: i nct a "c m erci l i sale" ;fee tCIO'nsultanOv.Maikopa. oun o i ,Id., he t o does trot eorttairr sweeping e empticrns f©r police reports in active, n oin rimin l arcs ecuticiri, alth u h a b tane'in sc i', mie� . i l; in: particular and in ee ion l ewes, dead ter Sri e tfc d r rc df ettisuk . `i izon ing " tiers had 'eonfdentialit or privacy interest in their birth dat even thou h',,,the '' birth ,dues were, available tram ethrublie s+ urees: Tlc ec►ui held the lal interest in disetosure to enable a=br© d a' ti g ca p tt and reporter tci run criminal haclround cheeps on teachers was, at best, speculative; aid thereftr upheld the noudiselcist re: ;See ` ottsdq e % d l Z i t 1Uc. P B c c i t7 t Co., d. The it oes Poliee Iepa�-trnent vas not required tc� release urt udiotape t 1 l eat is whieh an injured child nerd chin and witiniperiu to teleisin station dun ;h tragic and stressful incident. : ranseript was relesecl instead; which; can bal aee pr sery d ' pritle e 1 ci Corp",; u: Mesa, oli e e i t ypra -mails generated er maintained on o e e t-awned computer step: are',not autbdiaticaIlypublic rec+ rds as, ere are priv c issues to be considered: Griffis,,, The cle6f t6n version �f tic p to based reeercl, n+etudin and rnb ddec in I etadata is subject to disclosure under public records l v but an agency i not required t© create a record, 'e ct e:v '� of P ioe Aria: 47; 2l P:3d The `,best interest of the agency"includes the overall interest oft e eyemnwnt and: whether the release Qulcl densely affect the agency's tisien, and the state must pr e; il"ie lly hum t l c t ut ei h lhe,pro§ ti of disolosure: 'we',Phoehik, 4 s Inc., ,-2�1 A i :344, 35 P.3d 10 App: L) v. , 2001 . A con r , u l rom s :keep .le l l c nei enti 41 is not e r It o s cip this inclndc clauses in settlement agreements: a tl notice Of' dais with sexual assanitallegaticins: ' z 21 i : ; i 3 11 : Di . ;`21 7 , see also 66r of 1 ti . ? : 1 1 :: Elecifonic messages sent via cellph6ne; test ter other,social media en ithet ublic ©r private r cinal devices are subject:t public reccrcIs cliselcsure Wider the PT A as long s they have a subst . tial nexus to',government activities. Atty. entQp, o. The''P A requires the gdvcm nt tc� "query and search its database tc� idcntif`y; retrieve and per duce responsive:records fdf inspcct�o` 1f the agency ,r ai itains ublie r co r � n l e iri c at a s but a cme a not ri e4uire ct "talt compile previously nntallied .nd uncipllcd inciratin cr dt =available . n electfonic databases ;;research services l c n nc t be rc ide . t t 2 4 Aria. 170;; 418 P`34,9 (A I�iv: T, f11 , for is the gQ erntnent required tc create a new record, hat copies analytical: n d r tic�n .bent preems records ". See I . anon e e artm of Chil `e tees , 240 Ariz.,142- 77 P. d, 33 , Epp: Ti : T. -review,dented.4-6 There i a privacy interest in -home addresses and home phone numbers; Ariz.Atty.Ge Qp* 1-004 January 4, 1 1): ti inf©nn nt s identity i s non-dis los bl r1mm" : .i�'�z cin 'arbl 15r�i :: b(} 2 - :2d 12 , 125-3b 1 "7"7 . Pr, s release reque t on an'ongoing oasts shall be eo oplied with under the:Ari on , PTA; stcer liu, r . v, zciper7te % A mayor's security duty records and activity logs were subject t6 the PRA: as the city ; could no , o 'se a ity" isk in cliscl©sing them - the a public interest group: Adida"` w v4 lei : V. " t' of Phoenix 228 :Ariz: � 7 P.3d f 1�. Div T� dT 1}. 7 news organization had uo r bl of access to investigate reports, files or materials' relating tci a ©int f der llstat criminal�in estig ti 'of, an"' ttetnptcd assay inadon t f a�Me b of( h r s G fords "� re cord were not cansldered public records under Arizona la All"S: = 1 to, pli l tc era haw and'the' ire orcl vas c ut i bed b an interest in pr to ting:d fed � t right to b tried b an 1rn tart l ry: "� : L ug, ner, say 1 . Sapp: d 1 , is t111 :: Public officials, i� �c�� use private �e tr��i � � yid � i m,e a.' c n is fc�r the t rpd o conceal ing iiffi ial conduct: Ari :dP. t .G' No:�I1'7- 0 Jdl 7', I1 The ail re td lure ov c��e i e=dc� urrmers i� n a � ' e r li di�� riot en render a search for records inadequat ,e under,the P A, See H di v :� at cif.T'r n� Aria; 34, 3 5 P:3d 59 p: IL)" p (where the best rater st8:,o to stale ont vei d presumption of selbs if r orcl regarding f i t o'rain cell: c r e :. tr cking:device used b city o6Iicc &pait eA and thin r drds were exempt from disclosure under P1 .A ', In'addition Tequest:for all eom unreations fro a twelve month"eriod between::eit �pol d p .rt rend federal bureau o in est ti©n v s: deemed 'unreason bd ' 'and', acc ct redaion . S CITY COUNCIL MEETING ROLL CALL Date: ` 14-1I,9og �5 Work Study Regular Special S: E: S: j0q E:q'. S: E: CITY COUNCIL: Present A /excu [Present Ab/excu Present Ab/ xcu MAYOR WILSON Vx VICE MAYOR SCHROEDER ✓ COUNCILMEMBER CROSS !� COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER / COUNCILMEMBER SOLLER V TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell V 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 s PW Director Ted Wolff /vb Parks& Rec Director Liz Langenbach V ED Director Patrick Ainsworth /U Library Director Pam Harrison v Finance Director Leslie DeReche HR Director Anna McCray /d3 Water District Director Mike Loggins (V V Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias r1J� Building&Safety Mngr \Adrian Alegria N Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich /tT� PW Project Engineer Raquel Schatz nN City Engineer Emile Schmid yob Neer S:\Templates & Forms\Roll Call - City Council -Attendance.docx City Council VOTE - ROLL CALL ITEM # /, 3 MEETING OF MOTION SECONDED BY: NOTES: 3 o I � � � I In C{TES `t—ti'—orn qf-i YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER V COUNCILMEMBER NESSER COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUSIN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 5 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # JD y 3 4 y� MEETING OF MOTION BY: ��L( P�, SECONDED BY: S��rrd Eti NOTES: SLZU_'1&0 O Uwe, YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER HECK COUNCILMEMBER SOLLER L/ COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council r Date: 2 Z 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 #: would like to speak on a Non-Agenda matter regarding: cc( '_ c� y , 11C Do you wish to speak before Council on this item? Yes No Only If Necessary am in favor,of the )proposed Item. I am opposed to the proposed Item. ILGi L' First Na a Last Name (PRINT) a tv. f� �� 37S� Z o Address Cit 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 08/26/2019 P { Date: ✓� / 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 #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) s S -� a � r L/ Address /� r City�j� Zip Code � 70 ) i Telephone E ail 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 Hearinq 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 41 Date: 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. would like to speak on Agenda Item #: (I It 4 I would like to speak on a Non-Agenda matter regarding: Zo �� 0- \_ by 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. I VVI L/4'BU6oZ-I)) First Name Last Name (PRINT) as 3� �- 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). ��4c 3 Signature of Parent/Guardian Date 08/26/2019