HomeMy WebLinkAbout2012 07.03 City Council Regular Agenda PLEASE FILL OUT A-RE( ST TO SPEAK"FORM IF YOU WISH TO ADDP THE COUNCIL AT CALL TO THE
PUBLIC OR ON ANY NON-PUBLIC HEARING
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City of Apache Jimctioii
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APACHE JUNCTION CITY COUNCIL
CITY COUNCIL CHAMBERS
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION,ARIZONA 85219
REGULAR MEETING AGENDA
July 3,2012
7:00 PM
A. CALL TO ORDER.
B. INVOCATION AND PLEDGE OF ALLEGIANCE.
c ROLL CALL.
D CONSENT AGENDA.
The Council may. at this time,take single action on any or all items listed as consent agenda items.These items may include,but are not
limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and
other items which do not require a public hearing.The Consent Agenda is a timesaving device of which the Mayor and City Council is to
receive documentation on these items from the City Manager for their review prior to the meeting.Any member of the Council may remove any
item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda.
1• Acceptance of Agenda.
2. Approval of Minutes of Regular Meeting of June 19, 2012.
3. Acknowledge receipt of the 2011-2012 Annual Report of the Apache Junction Public Library
A.R S.§9-418 requires the Library Board to make an annual report to the governing body of the city on or before the tirst Monday of
July of each year. The report was adopted by the Library Board at its special meeting of June 28,2012.
4. Consideration of contract renewal with the Greater Phoenix Economic Council(GPEC)for economic development
services and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC
Board of Directors.
The City of Apache Junction joined the Greater Phoenix Economic Council(GPEC)in 2007 and has consistently renewed its
membership each year as a member community contracting for economic development services, including national and international
business recruitment services and targeted marketing.research,competitive analysis and prospect management for
commercial iindustnal-type(i.e.non-retail)prospects within city limits.This is a renewal of the contract for those services for another
year.The total contract amount for this year's renewal is$20,963 00 which is based on a standardized population-driven formula.In
addition,the city seeks reappointment of Councilmember Jeff Serdy as the city's representative to the board.
5. Retroactive ratification for the legal action,cities of Apache Junction and Casa Grande v. Pinal County.
Pursuant to Johnson v. Tempe Elementary School District No.3 Governing Board(Anzona Court of Appeals 2000)city council must
ratify the filing of lawsuits publicly. This item,if approved,retroactively ratifies a lawsuit that was filed in Pinal County Superior Court
on June 19,2012 in which the cities of Apache Junction and Casa Grande desire to preserve the redevelopment area funding
established in the late 1990's. The county,in October 2010,refused to continue making the disbursements as originally established
since 1998. The lawsuit is necessary to enforce the cities'rights.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS.
Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and
visitors,and staff presentation of receipt of grant or donated funds are permitted at this time.
6 PRESENTATION OF THE CON' NITY PARTNERSHIP AWARD TO REPUBL SERVICES.
Presentation of the Community Partnership Award to Republic Services in recognition for their sponsorship of 4th of July fireworks in
2010,2011 and 2012.
F. ANNOUNCEMENT OF CURRENT EVENTS.
The Mayor or any member of Council may at this time present a bnef summary of current events. However,no discussion shall take place on
such items except for clarifying comments related to substance,time and location.
C CITY MANAGER'S REPORT.
The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under
consideration or information related to the operation of the City.There shall however be no discussion at this time except for clarification
inquiries.
7. MANAGER'S REPORT.
H. PUBLIC HEARINGS.
Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All
remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless
additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council.
3. PROPOSED ORDINANCE NO. 1384, CASE AN-1-08, ANNEXATION OF APPROXIMATELY 50 ACRES OF VACANT
STATE TRUST LAND AND ASSIGNING CITY ZONING TO SAID PROPERTY.
Proposed Ordinance No 1384 would allow for the annexation of 50+acres of State land at the southeast corner area of the S.
Meridian Drive and W Elliot Avenue alignments. The purpose of the annexation is to accommodate the future alignment and
adjustment of Elliot Avenue at such time as it is extended eastwardly
OLD BUSINESS.
The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously
postponed or tabled.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first
submitting a written request-to-speak form with the City Clerk.
9. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR OPERATION OF A LOCAL VISITOR
INFORMATION CENTER. LARRY JOHNSON, PRESIDENT/CEO, AND REPRESENTATIVES OF THE APACHE
JUNCTION CHAMBER OF COMMERCE WILL BE PRESENT TO DISCUSS ON-GOING OPERATIONS.
Following council's discussion on this topic at the June 18th work session,staff has revised certain aspects of the proposed three(3)
year extension of the professional services agreement(PSA).The PSA remains funded at the same level of$36,000 00 per year and
adds city funding for the Visit Sunny AZ Marketing Consortium in the amount of$5,000.00 per year Funding is contingent on
availability of funds and city council approval during the annual budget adoption process.
J. NEW BUSINESS.
The Council shall consider any business not yet considered.No member of the public shall be permitted to speak on these items unless mvn
to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk.
None.
K. COUNCIL DIRECTION TO STAFF.
This item allows the Mayor and City Council to direct staff on specifically listed matters.
None.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES:
10• EXECUTIVE SESSION AT 5.45 P.M.AND WORK SESSION AT 7:00 P M. FOR MONDAY,JULY 16, 2012.
11, EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY,JULY 17,2012.OTHER MEETINGS IF NECESSARY.
M CALL TO PUBLIC.
At this time the public has the pnvilege to address the Council with requests,communications,comments or suggestions relating to City
business that are not listed on the agenda.All speakers must have already submitted a written"Request to Speak"form to the City Clerk no
later than the conclusion of the City Manager's Report portion of the agenda.If there is a group speaking on the same item,they should select
a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask
a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil,makes personal attacks or
continues to speak about items the^ not within the jurisdiction of the city after being• ed such issues are beyond the jurisdiction of the
city to act The Council may not answer questions of the speaker, discuss the matter with une another,but may, at the conclusion 1) respond
to criticism by a speaker,2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each
speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3)minute time limit per
speaker.
N ADJOURNMENT.
Copies of this agenda and additional information regarding any of the items listed above may be obtained from
the City Clerk's office
300 East Superstition Boulevard,Apache Junction,AZ
Monday through Thursdays,7 OOa—6 OOp,excluding holidays.
If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at
(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time
(
CITY COUNCIL
REGULAR MEETING
JUNE 19, 2012
The regular meeting of the City Council of the City of
Apache Junction, Arizona, was held on June 19, 2012, at the
Apache Junction City Council Chambers pursuant to the notice
.�. required by law.
CALL TO ORDER
Mayor Insalaco called the meeting to order at 7 : 10 p.m.
INVOCATION
Councilmember Wilson gave the Invocation.
PLEDGE OF ALLEGIANCE
Vice Mayor Dietz led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present : Mayor Insalaco
Vice Mayor Dietz
Councilmember Barker
Councilmember Evans
Councilmember Serdy
Councilmember Waldron
Councilmember Wilson
Staff Present : City Manager George Hoffman
Assistant City Manager Bryant Powell
City Clerk Kathleen Connelly
City Attorney Joel Stern
Public Safety Director Jerald Monahan
Interim Public Works Director/City
Engineer Giao Pham
Economic Development Director Steve
Filipowicz
Others Present: Business Advocate Janine Solley
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 1 OF 11
City Magistrate James Hazel
ACCEPTANCE OF CONSENT AGENDA )
Vice Mayor Dietz MOVED
THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND
THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-23, A RESOLUTION OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL .•�
AND MARICOPA COUNTIES, ARIZONA, ADOPTING THE RECOMMENDATION OF
THE STEERING COMMITTEE OF THE METROPOLITAN PHOENIX MUNICIPAL
EMPLOYEE BENEFITS TRUST ("MPMEBT") TO MODIFY THE TRUST DOCUMENT
TO CHANGE THE NAME OF THE TRUST TO THE ARIZONA METROPOLITAN
TRUST ("AZMT") ; AND
THAT THE AWARD OF BID FOR PW 2012-04, BULK FUEL, BE AWARDED TO
SOUTHERN COUNTIES OIL COMPANY DOING BUSINESS AS SC FUELS, WITH
THE TERM OF THE AGREEMENT ENDING JUNE 30, 2013 WITH ADDITIONAL
RENEWALS AUTOMATICALLY AND CONTINUOUSLY FOR FOUR CONSECUTIVE
PERIODS OF ONE YEAR, WITH A TOTAL AMOUNT NOT TO EXCEED $500, 000
PER YEAR; AND
THAT THE AWARD OF BID FOR PW 2012-01, TRASH AND RECYCLE MATERIAL
REMOVAL FOR CITY FACILITIES, BE AWARDED TO REPUBLIC SERVICES,
WITH THE TERM OF THE AGREEMENT ENDING JUNE 30, 2013 WITH
ADDITIONAL RENEWALS AUTOMATICALLY AND CONTINUOUSLY FOR FOUR
CONSECUTIVE PERIODS OF ONE YEAR, WITH A TOTAL AMOUNT NOT TO
EXCEED $10, 857 . 24 PER YEAR; AND
THAT THE AWARD OF BID FOR PW 2010-22B, NORTH APACHE TRAIL PHASE
1 IMPROVEMENTS, BE AWARDED TO J. BANICKI CONSTRUCTION IN THE
AMOUNT OF $306, 345 . 00 PLUS 10% FOR UNFORESEEN CHANGE ORDERS IN .00..
THE AMOUNT OF $30, 635 . 00 FOR A TOTAL AMOUNT NOT TO EXCEED
$336, 980 . 00; AND SUBJECT TO J. BANICKI CONSTRUCTION OBTAINING
THE REQUIRED CITY LICENSE; AND
THAT AUTHORIZATION BE GIVEN FOR THE PRESIDING MAGISTRATE AND
CITY ATTORNEY TO FORMALIZE PROFESSIONAL SERVICES AGREEMENTS FOR
TWO-YEAR TERMS FOR ATTORNEYS OF INDIGENT DEFENDANTS WITH WILLIAM
J. PEARLMAN AT A BASE COMPENSATION OF $20, 700 ANNUALLY AND
ROBERT C. STANDAGE AT A BASE COMPENSATION OF $20, 700 ANNUALLY.
Councilmember Barker SECONDED
THE MOTION.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 2 OF 11
VOTE: Unanimous .
The motion carried.
AWARDS, PRESENTATIONS AND PROCLAMATIONS
City Clerk Kathleen Connelly officially swore in Councilmember
Gail Evans . Councilmember Evans was appointed at the meeting of
e"` June 5, 2012 to fill the remainder of the term of Councilmember
Clark Smithson who resigned upon being appointed to the Final
County Board of Supervisors. Councilmember Evans was
unofficially sworn in after the June 5 meeting.
Assistant City Manager Bryant Powell presented a unique downtown
video for the quarterly update on the Downtown Redevelopment and
Implementation Strategy.
ANNOUNCEMENT OF CURRENT EVENTS
Councilmember Serdy announced Officer Randy Betts recently
retired from the city after 16 years. He thanked him for his
service.
Councilmember Waldron announced he was invited to Casa Grande to
see Jim Keller, a resident of Apache Junction, get awarded a
Purple Heart for wounds received in Iwo Jima 67 years earlier.
Councilmember Barker, the vice mayor, the mayor, the city
manager, the assistant city manager and Liz Riley went to
Phoenix and received a plaque in recognition of being a founding
member of the Arizona Metropolitan Trust. It is a new health
cooperative for the employees .
Vice Mayor Dietz announced that Police Explorer Kevin Miller
graduated from the Arizona Leadership, Education and Development
Authority, a week long youth leadership program of the Arizona
Chapter of the Federal Bureau of Investigation National Academy
Association.
Mayor Insalaco announced he and his wife, Chief Monahan and his
wife, and Bill Virtue and his wife attended the D.A. R. E. awards
banquet on June 15 . Officer Virtue was recognized on June 13
for the John Pope Award for excellence within his own department
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 3 OF 11
and striving to benefit D.A. R. E. across the state . Mayor
Insalaco commented on some of his contributions and added Noel
Staff, a fifth grader from Peralta, was recognized as a co-
winner of the state essay contest. Officer Virtue retired from
the police department on June 14 with 23 years of service, 14
years of those in D.A. R. E. He commented on a former D.A. R. E.
officer from Flagstaff that has applied to the Apache Junction
Police Department.
CITY MANAGER' S REPORT
City Manager George Hoffman commented on a police incident that
occurred in the city; Derek Dorman earning a Naval ROTC $180, 000
scholarship, a neighborhood site on AZCentral . com for local
information on our community; read a press release on a
construction release for North Apache Trail; commented on an
article in the Arizona Parks and Recreation Magazine co-authored
by Recreation Coordinator Larry Binion and that Assistant City
Manager Bryant Powell has been appointed to the East Valley
Partnership Board.
PUBLIC HEARINGS
APPLICATION FOR A TEMPORARY
EXTENSION OF PREMISES FOR FRATERNAL
ORDER OF EAGLES #3850 FOR JULY 4,
2012
City Clerk Kathleen
Connelly briefed the council on the item.
Mayor Insalaco requested the
applicant address the council .
Mr. William Kimball stated
they will start about 4 p.m. and go until 11 p.m. or midnight.
They will be sitting outside having cocktails . If the fireworks
go off this year, they will be watching them.
Mayor Insalaco opened the
public hearing on the items . There being no one wishing to
speak, he closed the public hearing and reopened the item to
council discussion. There being no further discussion, he
called for a motion.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 4 OF 11
Councilmember Waldron MOVED
THAT APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR
FRATERNAL ORDER OF EAGLES #3850 FOR JULY 4, 2012, SUBMITTED BY
WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA
DEPARTMENT OF LIQUOR LICENSES AND CONTROL.
Vice Mayor Dietz SECONDED THE
MOTION.
VOTE: Unanimous .
The motion carried.
APPLICATION FOR AN INTERIM PERMIT,
PERSON TRANSFER, LIMITED LIABILITY
CO. , SERIES 7 LIQUOR LICENSE FOR
PIZZA HUT
City Clerk Kathleen
Connelly briefed the council on the item.
Mayor Insalaco requested the
applicant address the council . The applicant was not present .
He opened the public hearing on the item. There being no one
wishing to speak, he closed the public hearing and reopened the
item to council discussion. There being no further discussion,
he called for a motion.
Councilmember Barker MOVED
THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER,
LIMITED LIABILITY CO. , SERIES 7 LIQUOR LICENSE FOR PIZZA HUT,
,,w SUBMITTED BY THERESA MORSE, BE RECOMMENDED FOR APPROVAL TO THE
ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL.
Vice Mayor Dietz SECONDED THE
MOTION.
VOTE: Unanimous .
The motion carried.
PRESENTATION BY THE GREATER
PHOENIX ECONOMIC COUNCIL ON
CONTINUED EFFORTS
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 5 OF 11
Economic Development
Director Steve Filipowicz gave a brief history on the city
contract with the Greater Phoenix Economic Council and
introduced John Kruger, vice president of business development
of the Greater Phoenix Economic Council, who gave the
presentation.
Mr. John Kruger briefed the
council on the item.
Economic Development Director
Steve Filipowicz stated John had told him a number of things are
happening around the First Solar location. It is unknown when
it will open and the major hires will occur, but the building is
at Signal Butte and Elliott and if they reach 4, 000 employees,
and the city only gets 5% of the employees, that is 200
employees for this community. It would be a major employer
without a $12 to $15 million dollar infrastructure investment .
There are other land transactions positioned at the city' s
doorstep in the area of Signal Butte and the 202 and Germann and
US 60 corridor that could come this way. Based on the city
manager' s outline and our efforts to do the business park needs
assessment, we may find in the 2-5 year window that we can get
suppliers and research and development facilities. We will have
the infrastructure ready for those.
Vice Mayor Dietz commented
when we first contracted with Greater Phoenix Economic Council
we were paying $21, 000 or $22, 000 a year. When the economy
dropped, they lowered their assessment fee.
Economic Development Director
Steve Filipowicz stated that was for a two or three year period
where they gave the municipalities a 15% discount. That is in
the process of being phased out. The population increase
partially explains the $1, 722 increase for next year.
Councilmember Serdy commented
he believed they eased it up on the communities as they had
received more corporate sponsorships.
Mr. John Kruger stated the
reduction in costs is what drove the need in the private sector.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 6 OF 11
A.
p
They spent a lot of time understanding the revenues based on
housing permits and the lack thereof. They also spent the last
four or five years understanding city budgets and how they were
being affected by the economy, when they were recovering and how
they were recovering. They were studying what Greater Phoenix
Economic Council could do to help that recovery. Rather than
have communities that stated they could not afford to join, they
extended the discount to make sure everyone understood they were
with them in a large partnership.
Vice Mayor Dietz commented he
believes this year' s $20, 900 is still less than what we
originally paid when we first signed up. He thinks it is a
great investment for the city and they should continue the
relationship.
Councilmember Serdy commented
the Greater Phoenix Economic Council is also helping to
facilitate the Resolution Copper issue . They are at the table
trying to push that through as that could mean so much for all
of the valley, especially us . He would like to see more
participation from the county. Two of the Maricopa County
supervisors sit on the board. If one looks at the Pinal County
cities that are part of Greater Phoenix Economic Council, there
is Casa Grande, Maricopa, Queen Creek and Apache Junction. They
are the largest cities but the county does not participate.
They will benefit so he thinks it is time for the county to come
to the table and pitch in, too.
Economic Development Director
.\ Steve Filipowicz stated he believes there are lively discussions
underway in that regard.
Councilmember Barker
requested a copy of the impact model.
Economic Development Director
Steve Filipowicz stated they would have it in their boxes before
10 a.m. tomorrow.
Mr. John Kruger stated they
would give them the report tomorrow as the model is very, very
large. It will be the summary. They want to make sure everyone
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 7 OF 11
is sure about what they are getting out of the relationship and
to help them with anything they need.
Economic Development Director
Steve Filipowicz stated the next step is to put this on the
consent agenda for their consideration on July 2 .
Mayor Insalaco closed the
item with no further discussion. This was a discussion item
only with no action necessary. He moved on to the next item.
OLD BUSINESS
None.
NEW BUSINESS
None.
COUNCIL DIRECTION TO STAFF
None.
SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
There was general discussion
on the date for the temporary budget adoption.
Vice Mayor Dietz MOVED THAT
THE SPECIAL MEETING FOR THE TENTATIVE BUDGET ADOPTION BE HELD ON
TUESDAY, JULY 3, 2012 AT 7 : 00 P.M. IN THE CITY COUNCIL CHAMBERS.
Councilmember Barker SECONDED
THE MOTION.
VOTE: Unanimous .
The motion carried.
Vice Mayor Dietz MOVED THAT
AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00
P.M. BE HELD ON MONDAY, JULY 2, 2012, IN THE CITY COUNCIL
CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 8 OF 11
THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, JULY
3, 2012 IN THE CITY COUNCIL CONFERENCE ROOM.
Councilmember Barker SECONDED
THE MOTION.
VOTE: Unanimous .
The motion carried.
CALL TO THE PUBLIC:
Mr. Conrad Pisinski, 1069 W. 14th Avenue, Apache Junction
addressed the council to resign from the sewer board and
commented on issues that came before the sewer board. He
suggested the council get together with the board to instruct
them on what they are supposed to do.
Mr. Thomas Aulik, 2292 N. Ironwood #11, Apache Junction,
addressed the council regarding the light rail plan in the
newspaper.
Councilmember Serdy thanked Mr. Pisinski for serving on the
board. He commented they have noticed that he questioned the
powers that be over there He hopes that they put another
person on that will ask questions and not just go along. They
are concerned.
ADJOURNMENT
Mayor Insalaco adjourned
the meeting at 8 : 23 p m.
Consent Agenda Items are as follows :
1 . Acceptance of Agenda.
2 Approval of Minutes of Regular Meeting of June 5, 2012 .
3 . Consideration of proposed Resolution No. 12-23, adopting the
recommendation of the steering committee of the Metropolitan
Phoenix Municipal Employee Benefits Trust to modify the trust
document to change the name of the trust to the Arizona
Metropolitan Trust (AzMT) .
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 9 OF 11
4 . Consideration of approval of PW 2012-04 bulk fuel to Southern
Counties Oil Company doing business as SC Fuels .
5 . Consideration of approval of PW 2012-01 Trash and Recycle
Material Removal for City Facilities to Republic Services in
an annual amount not to exceed $10, 857 . 24 .
6. Consideration of award of contract to J. Banicki Construction
Inc. , for PW 2010-22B North Apache Trail Phase 1
Improvements, in an amount not to exceed $336, 980 . 00
7 . Consideration of defense attorney contracts .
ACCEPTED THIS 3RD DAY OF JULY, 2012, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS 3RD DAY OF JULY, 2012 .
JOHN S . INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and
correct copy of the minutes of the regular meeting of the City
Council of the City of Apache Junction, Arizona, held on the
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 10 OF 11
19th day of June, 2012 . I further certify that the meeting was
duly called and held and that a quorum was present.
Dated this 25th day of June, 2012 .
KATHLEEN CONNELLY /
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
JUNE 19, 2012
PAGE 11 OF 11
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Cl t�� o Apache Junction
Home of the Superstition :1 l ozmkains
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Print
TO: City Manager's Office
FROM: Spencer Paden, Library Director
DATE: July 3, 2012
.genda Type : Regular Agenda
Council Priority Focus Area:
TITLE OF AGENDA ITEM:
Acknowledge receipt of the 2011-2012 Annual Report of the Apache Junction Public Library
ACTION REQUESTED:
Information Only (No discussion)
DISCUSSION /BACKGROUND INFORMATION:
A.R.S. §9-418 requires the Library Board to make an annual report to the governing body of the city on or before the first
Monday of July of each year. The report was adopted by the Library Board at its special meeting of June 28, 2012.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
Statutory Requirement
RECOMMENDATION:
.aff requests City Council acknowledge receipt of the 2011-2012 Annual Report of the Apache Junction Public Library Board
of Trustees.
ATTACHMENTS:
Click to download
No Attachments Available
hPhCHf✓G ,.
•
City of pache Jimction
Honk' of the .S df 3C/Yt/tion Ilountains
7QizOph
Print
TO: City Manager's Office
FROM: Steve Filipowicz, Economic Development Director
DATE: July 3,2012
.genda Type : Regular Agenda
Council Priority Focus Area: Economic Development
TITLE OF AGENDA ITEM:
Consideration of contract renewal with the Greater Phoenix Economic Council (GPEC)for economic development services
and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors.
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION / BACKGROUND INFORMATION:
The City of Apache Junction loured the Greater Phoenix Economic Council (GPEC) in 2007 and has consistently renewed its
membership each year as a member community contracting for economic development services, including national and
international business recruitment services and targeted marketing,research, competitive analysis and prospect management
for commercial/industrial-type (i.e. non-retail) prospects within city limits.This is a renewal of the contract for those services
for another year. The total contract amount for this year's renewal is$20,963.00 which is based on a standardized population-
driven formula. In addition, the city seeks reappointment of Councilmember Jeff Serdy as the city's representative to the
board.
FISCAL IMPACT:
Budgeted Expenditure
iPTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
t] CONSENT AGENDA COVER MEMO
❑ FY13 AJ-GPEC CONTRACT
0 FY13 EXHIBITS A-E
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rEconomw Development Department
DATE. June 7, 2012
MEMORANDUM TO- The Honorable Mayor&City Council
MEMORANDUM Thru- George Hoffman, City Manager
MEMORANDUM FROM Steve Filipowicz, Econ. Dev. Dir.
SUBJECT- GPEC contract Renewal FY13
Since Apache Junction joined the Greater Phoenix Economic Council (GPEC) in 2007
we have benefited from a number of services that organization provides its community
members. These include, access to a staff research section headed by Kathleen Lee
PhD, an annual multi-million dollar marketing campaign that includes print, Internet and
social media and direct marketing to site selection consultants and target industry
prospect, as well as the traditional qualified `lead generation' and prospect management
that activity that one tends to think and perhaps focus on when contemplating contract
renewal. Also of value with our city's membership is access to the CoStar data base
that is a helpful — but somewhat under-utilized— tool that Janine and I can access. All
these service are provided at a professional level of sophistication we could not hope to
match at twice or three times the annual contracted service investment we make with
GPEC. Indeed the attached AJ-GPEC 'Return-On-Investment' calculates an 81 ROI
when viewed over time. Our participation in and association with GPEC likewise opens
doors for staff to interact with other ED-peers and site selection professionals that it
would be extremely difficult if not impossible for staff to do on our own.
This year's GPEC renewal is in the amount of $20,963.00 and staff once again
recommends approval.
-Voice (480)982-8002 -Fax(480)982-7018 TDD(480)983-0095 www.ajcity.net
300 E. Superstition Boulevard, Apache Junction,AZ 85119
DRAFT FY13 4.1.12
AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE CITY OF APACHE JUNCTION
City Contract No.
The City Council of the CITY OF APACHE JUNCTION, an Arizona municipal
corporation(the"City"),has approved participation in and support of the regional economic
development program of the GREATER PHOENIX ECONOMIC COUNCIL("GPEC"), an
Arizona non-profit corporation The purpose of this agreement("Agreement") is to set forth the
regional economic development program that GPEC agrees to undertake,the support that the
City agrees to provide,the respective roles of GPEC and the City and the payments of the City to
GPEC for the fiscal year July 1, 2012 -June 30,2013
NOW,THEREFORE, in consideration of the mutual promises contained herein,the
CITY and GPEC agree as follows
RESPONSIBILITIES OF GPEC
A. MISSION: GPEC works to attract quality businesses to the Greater Phoenix
Region from around the world, and advocate and champion foundational effects
to improve the region's competitiveness
B. GOALS. GPEC is guided by and strategically focused on two specific long-range
goals.
1 Marketing the region to generate qualified business/industry prospects in
targeted economic clusters
2 Leveraging public and pnvate allies and resources to locate qualified
prospects, improve overall competitiveness,and sustain organizational
vitality
C. RETENTION AND EXPANSION POLICY:
1 GPEC's primary role is image building,marketing and new business
attraction for the Greater Phoenix region.
2. Retention and expansion of existing businesses is pnmanly a local issue.
3 GPEC can add value to retention and expansion of existing businesses
through regional support and research on key retention and expansion
projects.
4 GPEC has a responsibility to advise the City when an existing company
contacts GPEC regarding a retention or expansion issue
D. ACTION PLAN AND BUDGET: In accordance with the Mission,Goals and
Retention and Expansion Policy set forth above and subject to the availability of
1
PIN
DRAFT FY13 4.1.12
adequate funding, GPEC shall implement the Action Plan and Budget adopted by
GPEC's Board of Directors,a copy of which has been delivered to the City,
receipt of which is hereby acknowledged A summary of the Action Plan is
attached hereto as Exhibit A("GPEC Action Plan") The City shall be informed
of any changes in the adopted GPEC Action Plan which will matenally affect or
alter the pnonties established therein. Such notification will be m writing and
will be made prior to implementation of such changes Notwithstanding the
foregoing,the City acknowledges and agrees that GPEC may, in its reasonable
judgment in accordance with its own practices and procedures, substitute, change,
reschedule,cancel or defer certain events or activities described in the GPEC
Action Plan as required by a result of changing market conditions, fundmg
availability,unforeseen expenses or other circumstances beyond GPEC's
reasonable control GPEC shall solicit the input of the City on the formulation of
future marketing strategies and advertisements The GPEC Action Plan will be
revised to reflect any agreed upon changes to the GPEC Action Plan
E. PERFORMANCE TARGETS: Specific performance targets, established by GPEC's
Executive Committee and Board of Directors, are attached hereto as Exhibit B
("GPEC Performance Measures")and shall be used to evaluate and report
progress on GPEC's implementation of the GPEC Action Plan In the event of
changing market conditions, funding availability,unforeseen expenses or other
circumstances beyond GPEC's reasonable control, these performance targets may
be revised with the City's pnor written approval,or with the prior written
approval of a majority of the designated members of GPEC's Economic
Development Directors Team("EDDT") GPEC will provide monthly reports to
the City discussing in detail its progress m implementing the GPEC Action Plan
as well as reporting the numerical results for each performance measurement set
forth in Exhibit B GPEC shall provide a copy of its annual external audit for the
preceding fiscal year to the City no later than December 31, 2012.
In the case of any benchmark which is not met,GPEC will meet with the
EDDT to provide an explanation of the relevant factors and circumstances and
discuss the approach to be taken in order to achieve the target(s) Failure to meet
a performance target will not,by itself, constitute an event of default hereunder
unless GPEC. (i) fails to inform the City of such events or(ii) fails to meet with
EDDT to present a plan for improving its performance during the balance of the
term of the Agreement will constitute an event of default for which the City may
terminate this Agreement pursuant to paragraph IV J below
II. RESPONSIBILITIES OF THE CITY
A. STAFF SUPPORT OF GPEC EFFORTS:The City shall provide staff support to
GPEC's economic development efforts as follows:
1. The City shall respond to leads or prospects referred by GPEC in a
professional manner within the time frame specified by the lead or
prospect if the City desires to compete and if the lead is appropriate for the
2
DRAFT FY13 4 1 12
City. When available,the City agrees to provide its response m the format
developed jointly by EDDT and GPEC
2 The City shall provide appropriate local hospitality,tours and briefings for
prospects visiting sites in the City
3 The City shall provide an official economic development representative to
represent the City on the EDDT,which advises GPEC's President and
CEO
4. The City shall cooperate in the implementation of GPEC/EDDT process
improvement recommendations including the use of common presentation
formats, exchange of information on prospects with GPEC's staff,the use
of shared data systems, land and building data bases and private sector real
estate industry interfaces
5 The City shall use its best efforts to respond to special requests by GPEC
for particularized information about the City within three business days
after the receipt of such request
6 In order to enable GPEC to be more sensitive to the City's requirements,
the City shall,at its sole option,deliver to GPEC copies of any City
approved economic development strategies,work plan,programs and
evaluation criteria. GPEC shall not disclose the same to the other
participants in GPEC or their representatives.
7. The City shall utilize its best good faith efforts to cause an economic
development professional representing the City to attend all marketing
events and other functions to which the City has committed itself
8 The City agrees to work with GPEC to improve the City's
/'1 Competitiveness and market readiness to support the growth and
expansion of the targeted industries as identified for the City in Exhibit C
("Targeted Industries").
B. RECOGNITION OF GPEC: The City agrees to recognize GPEC as the City's
officially designated regional economic development organization for marketing
the Greater Phoenix region
III. ADDITIONAL AGREEMENTS OF THE PARTIES:
A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL
ASSISTANCE: Representative(s)of the City shall be entitled to participate in
GPEC's marketing events provided that such participation shall not be at GPEC's
expense When requested and appropriate, GPEC will use its best efforts to
provide technical assistance and support to City economic development staff for
business location prospects identified and qualified by the City and assist the City
with presentations to the prospect in the City or their corporate location
3
/'1,
DRAFT FY13 4 1 12
B. COMPENSATION'
1. The City agrees to pay$20,963.00 for services to be provided by GPEC
pursuant to the Agreement during the fiscal year ending on June 30, 2013,
as set forth in this Agreement This amount is based on approximately
$0.5752 per capita applied to that portion of the City's population outside
of Mancopa County plus approximately$0 3897 per capita applied to that
portion of the City's population within Maricopa County,based upon the /giN
2011 Office of Employment and Population Statistics,Arizona
Department of Administration population estimate,which listed the City
as having a population of 36,245 in Pinal County and 294 in Mancopa
County The payment by the City may,upon the mutual and discretionary
approval of the board of directors of GPEC and the City Council,be
increased or decreased from time to time during the term hereof m
accordance with the increases or decreases of general application m the
per capita payments to GPEC by other municipalities which support
GPEC
2 Funding of this Agreement shall be subject to the annual appropriations of
funds for this activity by the City Council pursuant to the required budget
process of the City,
3 Nothing herein shall preclude the City from contracting separately with
GPEC for services to be provided in addition to those to be provided
hereunder,upon terms and conditions to be negotiated by the City and
GPEC, and
4 GPEC shall submit invoices for payment on an annual basis The
foregoing notwithstanding, if GPEC has not provided the City with the
audit required pursuant to paragraph I E above no later than December 31,
2012,no payments shall be made hereunder until the City receives the
audit report Invoices and monthly activity reports, substantially in the
form of Exhibit D("Reporting Mechanism for Contract Fulfillment")
attached hereto, are to be submitted to the address listed under paragraph
IV.P.
C. COOPERATION:
1 The parties acknowledge that GPEC is a cooperative organization effort
between GPEC and the City. Accordingly, the City and GPEC covenant
and agree to work together in a productive and harmonious working
relationship,to cooperate in furthering GPEC's goals for the 2012-2013
fiscal year
2. The City agrees to work with GPEC,as necessary or appropriate,to revise
the performance measures, and/or benchmarks,and/or goals for the FY
2013-2014 contract
4
DRAFT FY13 4 1.12
3. The City agrees to work with GPEC during the FY2012-2013 program
year to develop a revised public sector funding plan,including a regional
allocation formula for FY2013-2014, if determined to be necessary or
appropnate.
IV. GENERAL PROVISIONS•
A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or
selling agent has been employed or retained to solicit or secure this contract upon
an agreement or understanding for a commission,percentage,brokerage,or
contingent fee For a breach or violation of this warranty,the City shall have the
right to terminate this Agreement without liability or, in its discretion, to deduct
the commission,brokerage or contingent fee from its payment to GPEC.
B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC recogmzes the provisions of
the City Code of the City of Apache Junction which require and demand that no
payment be made to any contractor as long as there is any outstanding obligation
due to the City, and directs that any such obligation be offset against payment due
to GPEC
C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any nght or
obligation pursuant to this Agreement. Any attempted or purported assignment of
any right or obligation pursuant to this Agreement shall be void and no effect
D. INDEPENDENT CONTRACTOR;NO AGENCY: Nothing contained in this Agreement
creates any partnership,joint venture or agency relationship between the City and
GPEC At all times during the term of this Agreement, GPEC shall be an
independent contractor and shall not be an employee of City City shall have the
nght to control GPEC only insofar as to the results of GPEC's services rendered
pursuant to this Agreement GPEC shall have no authority,express or implied,to
/'1 act on behalf of City in any capacity whatsoever as an agent. GPEC shall have no
authority, express or implied,pursuant to this Agreement to bind City to any
obligation whatsoever.
E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract,
GPEC shall indemnify,defend,hold,protect and save harmless the City and any
and all of its Council members,officers and employees from and against any and
all actions, suits,proceedings, claims and demands, loss, liens,costs,expense and
liability of any kind and nature whatsoever, for injury to or death of persons,or
damage to property,including property owned by City,brought,made, filed
against, imposed upon or sustained by the City, its officers,or employees in and
ansmg from or attnbutable to or caused directly or indirectly by the negligence,
wrongful acts,omissions or from operations conducted by GPEC,its directors,
officers,agents or employees acting on behalf of GPEC and with GPEC's
knowledge and consent
5
DRAFT FY13 4 1 12
Any party entitled to indemnity shall notify GPEC in writing of the
existence of any claim,demand or other matter to which GPEC's indemnification
obligations would apply, and shall give to GPEC a reasonable opportunity to
defend the same at its own expense and with counsel reasonably satisfactory to
the indemnified party.
Nothing in this Subsection E shall be deemed to provide indemnification
to any indemnified party with respect to any liabilities arising from the fraud,
negligence, omissions or willful misconduct of such indemnified party. �►
F. INSURANCE: GPEC shall procure and maintain for the duration of this
Agreement, at GPEC's own cost and expense, insurance against claims for injuries
to persons or damages to property which may anse from or in connection with
this Agreement by GPEC,its agents,representatives,employees or contractors, in
accordance with the Insurance Requirements set forth m Exhibit E ("Insurance
Requirements"), attached hereto The City acknowledges that it has received and
reviewed evidence of GPEC's insurance coverage in effect as of the execution of
this Agreement.
G. GRATUITIES. The City may,by written notice to GPEC,terminate the right of
GPEC to proceed under this Agreement upon one(1)calendar day notice, if it is
found that gratuities in the form of entertainment,gifts, or otherwise were offered
or given by GPEC,or any agent or representative of GPEC, to any officer or
employee of the City with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending,or the making of any
determinations with respect to the performance of such contract, provided that the
existence of the facts upon which the City makes such findings shall be an issue
and may be reviewed in any competent court. In the event of such termination,
the City shall be entitled to pursue all legal and equitable remedies against GPEC
available to the City
H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
Agreement, GPEC agrees as follows.
1 GPEC will not discriminate against any employee or applicant for
employment because of race, color,religion, gender, sexual orientation,
national origin, age or disability GPEC shall take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color,religion,gender, sexual
orientation,national origin,age or disability Such action shall include,
but not be limited to, the following employment,upgrading,demotion or
transfer,recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training,
including apprenticeship. GPEC agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause
6
ON
DRAFT FY13 4 1 12
2. GPEC will,in all solicitations or advertisements for employees place by or
on behalf of GPEC, state that all qualified applicants will receive
consideration for employment without regard to race,color,religion,
gender, sexual onentation, national ongin,age or disability.
3. GPEC will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement,provided that the
foregoing provisions shall not apply to Agreements or subcontracts for
/'1\ standard commercial supplies or new materials.
4. Upon request by the City, GPEC shall provide City with information and
data concerning action taken and results obtained in regard to GPEC's
Equal Employment Opportunity efforts performed dunng the term of this
Agreement. Such reports shall be accomplished upon forms furnished by
the City or in such other format as the City shall prescribe
COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED
GPEC 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 and agrees to comply therewith in performing under
any resultant agreement and to permit City inspection of its records to venfy such
compliance.
1 GPEC warrants to the City that, to the extent applicable under A R S §41-
4401, GPEC is in compliance with all Federal Immigration laws and
regulations that relate to its employees and with the E-Verify Program
under A.R.S. §23-214(A) GPEC acknowledges that a breach of this
warranty by GPEC or any subconsultants providing services under this
Agreement is a material breach of this Agreement subject to penalties up
to and including termination of this Agreement or any applicable
subcontract The City retains the legal right to inspect the papers of any
employee of GPEC or any subconsultant who works on this Agreement to
cON ensure compliance with this warranty.
2 The City may conduct random verification of the employment records of
GPEC and any of its subconsultants who work on this Agreement to
ensure compliance with this warranty
3 The City will not consider GPEC or any of its subconsultants who work
on this Agreement in material breach of the foregoing warranty if GPEC
and such subconsultants establish that they have complied with the
employment verification provisions prescribed by 8 USCA § 1324(a) and
(b)of the Federal Immigration and Nationality Act and the e-venfy
requirements prescribed by Arizona Revised Statutes § 23-214(A)
4 The provisions of this Section I must be included in any contract GPEC
enters into with any and all of its subconsultants who provide services
under this Agreement or any subcontract to provide services under this
7
DRAFT FY13 4 1 12
Agreement. As used in this Section I"services"are defined as furnishing
labor, time or effort in the State of Anzona by a contractor or
subcontractor. Services include construction or maintenance of any
structure,building or transportation facility or improvement to real
property.
5. Pursuant to A R S §§35-391 06 and 35-393-06,GPEC hereby certifies to
the City that GPEC does not have "scrutinized"business operations,as
defined in A R S §§35-391 and 35-393, in either Sudan or Iran 01
J TERMINATION. City shall have the right to terminate this Agreement if GPEC
shall fail to duly perform, observe or comply with any covenant, condition or
agreement on its part under this Agreement and such failure continues for a penod
of 30 calendar days (or such shorter period as may be expressly provided herein)
after the date on which wntten notice requiring the failure to be remedied shall
have been given to GPEC by the City,provided, however,that if such
performance,observation or compliance requires work to be done, action to be
taken or conditions to be remedied which,by their nature,cannot reasonably be
accomplished within 30 calendar days,no event of default shall be deemed to
have occurred or to exist if, and so long as, GPEC shall commence such action
within that period and diligently and continuously prosecute the same to
completion within 90 calendar days or such longer period as the City may
approve in writing. The foregoing notwithstanding, in the event of circumstances
which render GPEC incapable of providing the services required to be performed
hereunder, including,but not limited to, insolvency or an award of monetary
damages against GPEC in excess of its available insurance coverage and assets,
the City may immediately and without further notice terminate this Agreement.
K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's
performance hereunder shall be in material compliance with all applicable cable federal,
PP
state and local health, environmental,and safety laws, regulations, standards,and
ordinances in effect during the performance of this Agreement.
L. INSTITUTION OF LEGAL ACTIONS Any legal actions instituted pursuant to this
Agreement must be filed in the county of Pinal, State of Arizona, or in the Federal
District Court in the District of Arizona. In any legal action,the prevailing party
in such action will be entitled to reimbursement by the other party for all costs
and expenses of such action, including reasonable attorneys'fees as may be fixed
by the Court
M. APPLICABLE LAW. Any and all disputes
utes arising under any Agreement to be
awarded hereunder or out of the proposals herein called for,which cannot be
administratively resolved, shall be tned according to the laws of the State of
Arizona,and GPEC shall agree that the venue for any such action shall be in the
State of Arizona, Pinal County
N. CONTINUATION DURING DISPUTES. GPEC agrees that,notwithstanding the
existence of any dispute between the parties,each party shall continue to perform
8
DRAFT FY13 4 1 12
the obligations required of it during the continuation of any such dispute,unless
enjoined or prohibited by an Arizona court of competent jurisdiction.
O. CITY REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records
separate and make them available for audit by City personnel upon request
P. NOTICES. Any notice,consent or other communication required or permitted
under this Agreement shall be in writing and shall be deemed received at the time
/'\ it is personally delivered, on the day it is sent by facsimile transmission, on the
second day after its deposit with any commercial air courier or express service or,
if mailed,three(3)days after the notice is deposited m the United States mail
addressed as follows.
If to City George Hoffman
City Manager
City of Apache Junction
300 East Superstition Boulevard
Apache Junction, AZ 85219
Phone. (480)474-5066
Fax. (480)474-5110
If to GPEC Barry Broome
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix, Arizona 85004-4469
Phone. (602)256-7700
FAX. (602)256-7744
Any time period stated in a notice shall be computed from the time the
notice is deemed received. Either party may change its mailing address or the
person to receive notice by notifying the other party as provided in this paragraph.
Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph IV(J),all
parties hereto acknowledge that this Agreement is subject to cancellation by the
City pursuant to the provisions of Section 38-511,Arizona Revised Statutes
R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member,official or
employee of the City will be personally liable to GPEC,or any successor in
interest,in the event of any default or breach by the City or for any amount which
may become due to GPEC or successor,or on any obligation under the terms of
this Agreement. No member,official or employee of GPEC will be personally
liable to the City,or any successor in interest, in the event of any default or breach
by the GPEC or for any amount which may become due to the City or successor,
or on any obligation under the terms of this Agreement.
S. NO WAIVER. Except as otherwise expressly provided in this Agreement,any
failure or delay by any party in asserting any of its rights or remedies as to any
9
DRAFT FY13 4 1 12
default,will not operate as a waiver of any default,or of any such rights or
remedies,or deprive any such party of its right to institute and maintain any
actions or proceedings which it may deem necessary to protect,assert or enforce
any such nghts or remedies
T. SEVERABILITY. If any provision of this Agreement shall be found invalid or
unenforceable by a court of competent jurisdiction,the remaining provisions of
this Agreement will not be affected thereby and shall be valid and enforceable to
the fullest extent permitted by law,provided that the fundamental purposes of this
Agreement are not defeated by such severability.
U. CAPTIONS. The captions contained in this Agreement are merely a reference and
are not to be used to construe or limit the text
V. No THIRD PARTY BENEFICIARIES. No creditor of either party or other individual
or entity shall have any rights,whether as a third-party beneficiary or otherwise,
by reason of any provision of this Agreement.
W. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be
executed in up to three(3)duplicate originals,each of which is deemed to be an
original. This Agreement,including eleven(11)pages of text and the below-
listed exhibits which are incorporated herein by this reference, constitutes the
entire understanding and agreement of the parties
Exhibit A-GPEC Action Plan
Exhibit B -GPEC Performance Measures
Exhibit C -Targeted Industries
Exhibit D -Reporting Mechanism for Contract Fulfillment
Exhibit E- Insurance Requirements
This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto,and supersedes all negotiations or previous
agreements between the parties with respect to all or any part of the subject matter
hereof.
All waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of the City or GPEC, and all amendments
hereto must be in writing and signed by the appropriate authorities of the parties
hereto.
10
DRAFT FY13 4 1 12
IN WITNESS WHEREOF, the parties hereto have executed the Agreement this
day of ,2012
City of Apache Junction, an Arizona municipal
corporation
By:
John S Insalaco, Mayor
ATTEST.
By
Kathy Connelly,City Clerk
APPROVED AS TO FORM
By
Richard J. Stern, City Attorney
GREATER PHOENIX ECONOMIC COUNCIL,
an Arizona nonprofit corporation
By
Barry Broome,President&Chief Executive Officer
11
/"1
EXHIBIT A
INVENTING
THE
(QIN
Greater Phoenix
ECONOMIC COUNCIL
FY2013 ACTION PLAN
OIN
Fenerabie Eftemeccait Advanced Manteactunre Mession Aerospace £rnerg re
Energy Personel Basins= &lcersri`s Critical &Amato-, Tech
Ved icrne Services
iME BENCOMMUNITIES 1.7.; _- �`z'` _- _- 1: EEK
BUCKEYE _ :=1.b 7_4+P+E
CASA RAtiH ..
INVENTING
THE
FUTURE
Greater Phoenix
/'N
GPEC Mission
Attract quality businesses
to the Greater Phoenix region
from around the world,
and advocate and
2
champion foundational
efforts to improve the
region's competitiveness
4 GPEC Stakeholders
FY12 MILESTONES
6 FY13 Metrics momentum gained in the last year—select achievements
7 FY13 Budget and key benchmarks
8 Business Development
FY13 ACTION ITEMS
10 Competitveness sample of activities that adhere to a five-year vision and
12 Marketing and Communications result in progress
13 Stakeholder Engagement.Paving the way
DRIVES THESE FY13 METRICS
shows relationship between action items and annual
performance goals
SUMMARY
Inventing the Future
It's a mantra shared by pioneers and entrepreneurs around the world Ifs a conviction
uniting individuals and teams of people everywhere who dare to make'it"their own
At GPEC,we are in the business of inventing the future.In competition with other metro
markets for solid projects with quality jobs and notable capital investment,we are
continually evaluating how to improve the region's business climate and secure our share
of economic prosperity.Defying mediocrity,GPEC's efforts to implement a cutting-edge
business development model,a more instinctive and sophisticated research practice,
and a dynamic and creative marketing outfit,signify a boldness to create what does not
currently exist and deliver better outcomes for the communities we serve.
Fiscal year 2013 represents the second year in the organization's five-year strategic plan,
and the activities in the subsequent pages reflect not only progress,but also a steady
continuation of the initiatives that will differentiate Greater Phoenix in the long-term
With a clear path of strategies that will transcend the region as a
true center of excellence, GPEC will keep inventing the future
Vision and Progress a
As approved by GPEC's Board of Directors in FYI I,these strategic pillars will guide the
organization's fiscal year activities,and by 2016,lead to the following vision statements
Strategic Pillar By 20,16
Retention and GPEC's R/E model will be best-in-class.
Expansion
Next Generation GPEC will elevate Greater Phoenix as a
leading center of emerging technologies.
Attraction GPEC will maintain its reputation as a credible,
respectable and"go to"organization_
International GPEC's foreign direct investment approach will be a
national best practice.
Regional Brand GPEC will successfully define Greater Phoenix as
a region that is forward-thinking,innovative and
business-friendly
GPEC Brand GPEC will be the nation's premier agency and leader in
the economic development realm.In Anzona,GPEC will
be the principal leadership organization.
Capital Markets I GPEC will develop a science and technology-based
Venture Formation fund that will dnve regional innovation activity.
I
GPEC STAKEHOLDERS*
Member Communities
MARICOPA COUNTY GILA BEND PEORIA
APACHE JUNCTION GILBERT QUEEN CREEK
'IS AVONDALE GLENDALE SCOTTSDALE
BUCKEYE GOODYEAR SURPRISE
CASA GRANDE MARICOPA TEMPE
CHANDLER MESA TOLLESON
FOUNTAIN HILLS PHOENIX WICKENBURG
Alliance Bank of Arizona Ernst&Young SCF Arizona
APS Freeport McMoRan Copper& Squire Sanders I
Arizona Cardinals Gold Inc SRP
Arizona Diamondbacks Henry&Home St.Joseph's Hospital&Medical
4 Arizona Republic/Gannett Hines Center
Foundation Humana University of Phoenix
Arizona State University Kitchell US Airways
AT&T Maracay Homes Venzon Wireless
Bank of America Mancopa Community Colleges Walmart
Banner Health Mayo Clinic Waste Management
BBVA Compass MidFirst Bank Wells Fargo
Chase PetSmart
Cox Communications Phoenix Suns
D L.Withers Construction Power One
DMB Associates Republic Services
Y AlA Vista Tech Digital Realty Trust The McShane Companies
A.R Mays Construction E-Bay Macench
SOLD A.T Still University El Dorado Holdings Mentage Homes
MA Arizona Empire Southwest Mortensen Construction
Abengoa/Abacus Gammage&Burnham Naiafi Companies
Aetna Gilbane Building Co. National Bank of Arizona
BlueCross BiueSlneld of Arizona Greenberg Traurig Okland Construction
Cancer Treatment Centers of Green Loop Solutions Phoenix Children's Hospital
America HDR Architecture Polsinelli Shughart
Cassidy Turley/BRE Commercial Hensel Phelps Renaissance Companies
CBRE Hensley SmithGroup
Celgene Corporation Howard S Wright SolarCity
Central Arizona Commerce Park, IASIS Healthcare Southwest Airlines
LLC JE Dunn Construction Sun Health
Century ink Jones Lang LaSalle Sundt Construction
Coe&Van Loo Consultants,Inc. Layton Construction University of Arizona
Colliers International Lewis&Roca LLP UPS
CresaPartners LGE Design Build Ware Malcomb
Cushman&Wakefield M&I,A part of BMO Financial Wespac Construction,Inc.
Deloitte Group Wood,Patel&Associates,Inc.
Deutsch Architecture Group McCarthy Building Companies
9
Air Products and Chemicals,Inc Merit Partners
SILVER Arizona Office Technologies MSS Technologies
Avnet On Q Financial
Bank of Arizona Osbom Maledon 5
Bryan Cave The Plaza Companies
Capital Commercial Investment,Inc Quarles&Brady
Capital Group Companies Queen Creek/Landmark Companies
Clear Channel Outdoor Renovalia Energy USA.Inc
Comerica Bank Rose Law Group
The CORE Institute Scottsdale Healthcare
CoStar Group Snell&Wilmer LIP
Dibble Engineering Southwest Gas Corporation
DIRTT Sun State Builders
Ensemble DevMan of Arizona Suntech America Inc
Facdrtec Target Commercial Interiors
Fennemore Craig Univita
Fervor Creative USAA
Goodmans Interior Structures WealthTrust Arizona
Grant Thornton West Valley National Bank
Intel Corporation Wist Office Products
Job BrokersIncJJBl Energy
Kelly Services
KTAR
Marsh
Adolfson&Peterson Construction John C Lincoln Health Network
BRONZE American Institute of Architects Land Advisors Organization
American Solar Electric Midwestern University
Applied Economics Plant Solutions
Austin Commercial PTE Real Estate Group,LW
Carefree Partners SkySong,ASU Scottsdale Innovation Ctr
CORE Construction Sunstate Equipment Company
Dircks Moving Services
Gallagher&Kennedy
Grubb&Ellis
`As of May 171Td2
FY13 METRICS
Proposed Performance Metrics
Om\
THRESHOLD TARGET STRETCH
Payroll Generated $185,028,506 $203,531,356 $223,884,492
Number of Jobs 4,378 4,816 5,297
High-wage Jobs 2,292 2,521 2,773
Average High-wage Salary $49,108 $54,564 $60,020
Qualified Prospects 199 219 241
6 Qualified International Prospects 35 39 43
Emerging Tech Assists 8 10 12
Reach of Editorial Placements 119M 131M 144M
Stakeholder Satisfaction 7 0* 7 3* 7 6*
with Business Attraction
Competitive Position Progress ** ** **
Meet or Exceed Cash Reserve Target 98% 100% 102%
*Based ona scale ofito10
**As determined by OPEC's Executive Committee
.•. eN
FY13 BUDGET
July 1, 2012 - June 30, 2013
1^
1
Revenues FY11-12 Forcast %of Total FT11-12 Budget %of Total FT13 Budget $Change Change
Public Funds $ 1.883,031 40.7% $ 1,883.031 40.7% $ 2,100,555 $ 217.524 11.6%
Private Funds 2 495.000 53.9% 2.500,000 54 I% 2,550,000 50.000 2.0%
In-Kind Pledge 91,900 2.0% 102.500 2.2% 91900 (10,600) -10.3%
Special Events.Prog.&Span 148,000 3.2% 130,000 2.8% 140.000 10.000 7 7%
Other Income 10.000 0.2% 8.000 0.2% 5.000 (3.000) -37 5%
Total Revenues $ 4,627.931 100.0% $ 4.623,531 100.0% $ 4,887455 $ 253,924 5 7%
Operating Expenditures
Business Attraction 34I.000 7 3% 351.000 7 5% 354,000 3,000 0.9%
Marketing 167.000 3.6% 167,700 3.6% 240.500 72,800 43.4% 7
Research&Strategy 102,100 22% 107,100 2.3% 125.550 18450 172%
External Relations 227,800 4 9% 232.800 5.0% 229,700 (3,100) -1.3%
Resource Management 238 729 5.1% 243,729 52% 236.906 (6,823) -2.8%
Personnel 3,147,081 67 7% 3.157 081 67 3% 3.318.946 161.865 5.1%
Facilities 427,700 9.2% 432,700 9.2% $ 449.000 16.300 3.8%
Expenses $ 4,651,410 100.0% $ 4,692,118 100.0% $ 4,954.602 262,492 5.6%
Net Income(toss) (23,479) -0.5% (68,579) -1 5% (67,147) 1,432 2.1%
Less Capital Expenditure (25,000) -0.5% (20,000) -0 4% (40,000) L20,000) 100.0%
Add.Depreciation 35.000 0.8% 35,000 0.8% 40.000 5,000 14.3%
Net Change in Cash Reserves $ (13,479) -0.3% $ (53,579) -1 2% $ (61,147) $ (13,568) 25.3%
*Forecasted results as of April 30 2012
Aft bk
...
BUSINESS DEVELOPMENT
FY12
MILESTONES
es Create and maintain high-quality jobs and investment through
National Recognition as targeted, direct selling
the Best
Earned the highest ranking as
Best in Class"organization Proactively pursue the best projects that meet community
by national site-selection and regional objectives
consultants.Conducted by
New York-based Development
Counsellors International,the
survey named GPEC best among
50 regional and community FY13 ACTION ITEMS
economic development
organizations in the country.
8 •Mork in Partnership Internationally
First-ever Foreign Direct In thoughtful coordination with the Arizona Commerce Authority,GPEC will remodel the
Investment ExecuTour Arizona Global Network.focusing our strategy and resources in markets such as China,
Hosted China,Italy,Spain, Canada and Western European countries
Germany and Canada to a
tour of the region and held •Leverage Compelling Research
an international business Mining intelligence to create comprehensive data sets will build a business case and shape
forum and exchange with the value proposition for each of GPEC's target industnes,which will demonstrate and
more than 110 GPEC investors differentiate our level of professional expertise from the competition
and community partners
Participating agents have since •Maintain Lead Position with National Site Selectors
directed several leads and GPEC will continue fostering relationships with the national site-selection community
prospects to GPEC as a result. through regular communication,in-person meetings and hosting at ExecuTour/
familiarization tours to uphold our reputation as"Best in Class"ranking economic
Evaluation of Inventory development organization.
Under the leadership of the
Community Building Consortium
(CBC),GPEC worked to identify
and assess the Valley's large
corporate campus sites and
industrial sites.More than
50 sites have been vetted,
packaged and are being
promoted by GPEC's team to site
selectors,national developers
and investment trusts to
stimulate interest.
es
DRIVES THESE
FY13 METRICS
011
•Pipeline of qualified prospects
•Total number of jobs created
•Number of high-wage jobs created
•Average high-wage salary
•Payroll generated
9
•Stakeholder satisfaction with
•Expand Region's Emerging Technology Platform business attraction
In principle,emerging technologies change industnes and alter daily living In leveraging
the region's core competencies,GPEC will partner with science and tech-based assets to
create an innovation ecosystem and become a central resource for social entrepreneurs
and companies in the digital IT, healthcare science and clean tech space.
•Collaborate for Opportunities in California
Based on market projections and a conviction that the Sun Corridor is where true opportunity
lies within the Sun Belt.GPEC will remain an invested partner in the Arizona Sun Corridor
with Tucson,Yuma,Flagstaff and Pinal County Apart from the Sun Corridor partnership
GPEC will place a more intense focus on Orange County,LA Basin and Bay Area.expanding
our existing sales channels in these regions
COMPETITIVENESS
FY12
MILESTONES
,0•N Guide new, strategic business opportunities through geographic
Key Policy Achievements and industry trend analyses
Provided technical review and
counsel to State and House Evaluate targeted, sound economic development programs
leadership on the expansion of the
Renewable Energy Tax Incentive that enhance regional and state competitiveness
Program to include other export
industries.Signed by Governor
Brewer,this$630 million economic
development program will shape
our ability to deliver high-impact FY13 ACTION ITEMS
projects
lU Value-add Research in •Retain Key Industries and Capture New Opportunities
Aerospace and Defense With the launch of a market intelligence pilot program initially focused on the aerospace
Launched region-wide market and defense industry,GPEC will continue identifying potential threats and opportunities.
intelligence initiative,providing The pilot program will be scaled to other sectors.including clean tech,to detect new areas
communities with critical data of investment GPEC member communities will build market intelligence through meetings
and research on the Valley's primary with companies,and community and business leaders will be engaged at a high level to
contractors and large suppliers An lend support to this effort.
implementation model is currently
•Return to Washington,D C
underway,which is expected to
both retain current businesses and In conjunction with an educational outreach effort to Arizona's congressional delegation,
Aulk attract new opporhrnrhes. GPEC will resume an Executive Mission to the nation's Capitol Driven by immediate and
long-term economic opportunities for the region and state,this tnp will aim to broaden
Convened on Personalized awareness of Greater Phoenix as a market rich with opportunity.
Medicine
In another first GPEC hosted •Build the Region's Future Around Science and Technology
more than 200 attendees to a GPEC will place an emphasis on creating centers of excellence around impactful industries
Personalized Medicine Summit, like clean tech,next-generation aerospace and defense,personalized medicine and IT A
where state policy-makers and bluepnnt to success will include promoting venture capital into the region and teaming with
business and community leadership universities,with the intent to help new and existing businesses commercialize products
heard from world-renowned experts and services
on best practice life science models
Attendees also learned about
Arizona's unique public-private
collaborations,which have led to
major achievements in research,
educational,and commercialization
infrastructure.
eiN
DRIVES THESE
FY13 METRICS
•Pipeline of qualified prospects
•Pipeline of international prospects
•Average high-wage salary
•Emerging technology assists
•Support Workforce Development Efforts •Competitive position progress
The region faces a considerable skills gap in occupations that are critical to growth
industries GPEC will collaborate with workforce development partners at Maricopa •Total need of additional placements
County.City of Phoenix and our educational partners at the Maricopa Community
Colleges,Arizona State University and University of Phoenix to draw on national models
and best practices to identify solutions to address this gap
•Research Opportunities in Clean Tech
of GPEC will continue to support the innovation adoption and evolutionsolar and other
clean technologies In tracking and monitoring developments within the clean tech
industry.GPEC will analyze niche sectors and emerging technologies that are compatible
with assets in the region
MARKETING & COMMUNICATIONS
FY12
MILESTONES
es Market region's strengths and assets using new,
non-traditional tools
New Era for gpec.org
Launched a brand new website, Position GPEC as reliable resource for stakeholders, policy-makers,
complete with data,detail and citizens and media or key economic development issues
content-related marketing to
satisfy not only location decision-
makers,prospective employers
and employees,but also existing FY13 ACTION ITEMS
and future GPEC investors and the
community at-large. •Implement Geographic-centric Campaign
California Perspective Expanding on current messaging for California audiences,additional marketing
12 Equipped the newly redesigned and public relations efforts will be targeted toward heightened regions of
opportunity such as Chicago,northern California and international targets
gpec org with a geo-locater, such as China
allowing for targeted,California-
specific messaging to users •Devise Online Marketing Plan
visiting the website from a
California IP address This Following the launch of GPEC's revamped website,an increased marketing focus
application gives GPEC an edge in will be placed around online marketing,including search engine optimization,
search marketing,social media and email marketing Messaging for each online
positioning the region competitively platform will give emphasis to repurposing easy-to-share information such as
to a very specific audience. video and blog content
Solar Still Positive
Despite questions surrounding
Solyndra's fallout and its impact
to the industry,GPEC secured
positive news stones about the
region's renewable energy and
solar success in Business Xpansion
Journal, The Fiscal Times,Global
Corporate Xpansion and World
Trade 100
DRIVES THESE
FY13 METRICS
•Pipeline of qualified prospects
•Pipeline of international prospects
•Total reach of editorial placements
• Continue Industry-focused Marketing
GPECs target industries will remain a marketing focus as value propositions for
each are further developed and branded for continuity throughout the industry
microsites,industry-specific collateral,presentations and messaging 13
•Increase National and International PR
Business development and CEO-scheduled trips will be leveraged for increased
public relations and media efforts at a national and international level.GPEC will
also monitor national and international niche/trade publications for opportunities
to better promote regional assets and publicize GPEC s agency-wide efforts
Auk
STAKEHOLDER ENGAGEMENT
The active involvement by GPEC stakeholders carves a path for our
/,, region to become world-class and extraordinary Stakeholder support
enables GPEC to pursue economic opportunities while allowing
investors to participate in key economic development activities
Governance Leadership Councils and
Advisory Groups
Board of Directors
Provides effective oversight of the The collective professional expertise of
organization and helps shape GPEC's GPEC's councils and advisory groups
influence as a regional thought leader guides the CEO on key initiatives,leverages
connections to further business development
and competitiveness efforts,and supports
Executive Committee implementation of programs.
14 Acts on behalf of the Board of Directors,
advising on strategic direction and GPEC Next Leadership Council*
overall performance of annual goals. High-level advisory group designed to ensure
the organization operates as"GREG Next"
model innovative,integrated,proactive.
Board-Level Committees
Healthcare Leadership Council*
Performance Committee Works together to establish Greater Phoenix as
Evaluates the performance of the a center of excellence for personalized medicine
organization and the President&CEO anchored by innovative assets and world-class
leadership
^ Nominating Committee
Serves to nominate the At-Large International Leadership Council*
Directors and Board officers Advises on the direction and implementation
of GPEC's foreign direct investment efforts,
Audit Committee responsible for monitoring progress and
Assesses internal controls and oversees providing guidance to increase program
auditors and the annual audit impacts_
Finance Committee
Sets financial objectives for the
organization and recommends the
annual budgets as part of the
Action Plan
Economic Development Directors Team Ambassadors
Advises CEO and staff on local economic development
trends offers insight on pulse of city/town council and At the foundation of GPEC's engagement
partners with GPEC to finalize location decisions activity are Ambassadors,whose broad
range of professional backgrounds lend
Community Building Consortium* cntical assistance to regional business-
climate improvement and business
Applies collective commercial real estate experience to development efforts
help capture business development opportunities and
increase the regions transactional capabilities 15
Ambassadors
Help communicate educate
Marketing Committee* and inform stakeholders policy-makers.
Offers guidance on the development of citizens and media about key regional
regional branding,marketing and media efforts economic development issues
in support of our core mission of business
development and regional competitiveness Certified Ambassadors
A qualifying program for Ambassadors who
Innovation Council* serve as an extension of the GPEC team and
are given unique opportunities to interface
Guides and directs the planning and execution of more closely with GPEC's staff and board
a comprehensive economic development model to on program initiatives and mission-critical
foster and promote a competitive environment for the efforts
formation retention and expansion of growth industries in
Greater Phoenix Ambassador Steering Committee
Advises on strategic direction of Ambassadors
Program design activities relevant to and
in support of GPEC s mission,serve as a
sounding board for emerging initiatives and
support implementation of programs.
*Eligibility determined by investment level
or strategic appointment
INVENTING
FUTURE
OIN
GrMar Phcena
2 N Centrai Ave.,Suite 2500 Phaenv AZ 85004
Phone.602 256 7 700 I Fax 602 256 774l I www.gpec.org
@gpec Tube gpec greater phoenix all greater phoenix economic ati,greater phoenix
111.1 council(groups) ILE economic council
oriN PIN
EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2012-2013
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors.
1. Payroll Generated $185.0M
2. Total Number of Jobs Created 4,378
3. Total Number of High-Wage Jobs 2,292
4. Average High-Wage Salary $49,108
5. Emerging Tech Assists 8
6. Number of Qualified Prospects 199
7. Number of Qualified International Prospects 35
8. Total Reach of Editorial Placements/Exposures 119M
GPEC continues to target high-wage industries(Renewable Energy,Biomedical/Personalized Medicine, Advanced
Business Services,Manufacturing&Logistics,Mission Critical,Areospace&Aviation,Emerging Tech)
Exmsrr C
TARGETED INDUSTRIES
FY2012-2013
GPEC and our member communities have identified targeted industries on a local and regional level,incorporating
these industnes into a regional economic development plan For fiscal year 2012-2013,GPEC will continue its
emphasis on the following Renewable Energy,Biomedical/Personalized Medicine;Advancd Business Services,
Manufacturing&Logistics,Mission Critical,Aerospace&Aviation,Emerging Tech
Member communities will target the following.
Apache Junction
Business services,environmental technologies research and manufacturing,standard and advanced manufactunng;
regional and corporate centers,medical institutions and/or associated satellite operations,mining support facilities,
resort/tounst-oriented development,filmmaking(location shooting),expanded retail opportunities
Avondale
Advanced business services/information technology,renewable energies,Bio/medical/life sciences,manufacturing,
higher education/lifelong learning,amateur sports and tourism
Buckeye
Advanced business services,renewable energy,high tech(data center and services),environmental technology/
sustainability,standard manufacturing,medical and educational institutions,transportation/distnbution,small
business/incubator,areospace/aviation
Casa Grande
Aviation/aerospace,biosciences and sustainability,corporate/regional headquarters;healthcare and medical
services,standard manufacturing and transportation and distribution
Chandler
Advanced Business Services,corporate/regional headquarters,high-tech electronics and software development,
aerospace/aviation and advanced materials,biosciences and sustainability
Fountain Hills
Advanced business services,high-tech/IT,healthcare,medical and bio-medical,renewable engery,post-secondary
institutions
Gila Bend
Clean technology(manufacturing/central station generation/R&D),warehousing/transportation/distribution,military
supply chain,tourism/hospitality,standard manufacturing,agriculture/agn-biotechnology,food,fiber and natural
products,aerospace/aviation
Gilbert
Corporate/regional headquarters,advanced business services,high-tech/software(R&D,data center,services),next
generation electronics(sensors,optics),aerospace and defense(satellite,FAA repair);biotechnology and life
sciences(R&D,oncology,regenerative medicine,cardiovascular science,medical device),clean technology and
renewable energy(R&D,algae,biodiesel)
Glendale
Aviation/aerospace;software development,sports ands entertainment,high-tech consultants,research and
development,defense,financial services and insurance headquarters,resorts,healthcare and medical services,
engineering and architectural
Goodyear
Advance financial/business services,high-tech electronics and software development,aerospace/aviation,advanced
materials,biosciences(treatment,medical diagnostics,research)and senior industries,food,fiber and natural
products,transportation/distribution,standard manufacturing,environmental technology;sustainability
Page 1 of 2
Maricopa(City)
0
High-wage employers(salaries averaging at least 125%of the median wage in Maricopa County)that generate at
least 80%of income from exporting goods and services outside the region
Mesa
Primary Target Industries. Healthcare,Education,Aerospace and Tourism
Secondary target industries Advanced business services,regional and corporate centers,environmental technology,
research&development,bioscience;sustainability
Peoria
Advanced business services,high technology(data centers,R&D),life sciences and healthcare technologies;
advanced medical services,educational institutions,advanced and standard manufacturing,clean technologies
research and manufacturing,entertainment and tourism
Phoenix
Advanced business services,aerospace and defense,bioscience,high tech/IT,renewable energy,higher education
Queen Creek
Aerospace and aviation,health and wellness,advanced financial/business services,arts,culture and experience,
education
Scottsdale
Information technology/software,healthcare/biomedical,financial services,sports/lifestyle,solar/sustainable
industries,education
Surprise
Environmental technology,advanced medical services,biotech,education and healthcare,transportation and
distribution
Tempe
Advanced business services(financial services), high tech/software(R&D,data center and services),high-tech/next
generation electronics,aerospace R&D/aviation,bioscience(research,drug development,treatment,medical
diagnostics);corporate/regional headquarters,sustainability(environmental),advanced matenals/plastics,senior
industries,clean tech,renewable energy and manufacturing
Tolleson
Aerospace and advanced materials,food,fiber and natural products,transportation/distnbution,standard ^
manufacturing,environmental technology;sustainability
Wickenburg
Heavy industrial,standard manufactunng,transportation&distribution,rail services,food processing,mining
support facilities,renewable energy,environmental technology research&manufacturing;healthcare and medical,
educational institutions,tourism and filmmaking,expanded retail operations
Page 2 of 2
/ftik ON
EXHIBIT D
FY 2012-2013
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report - Month, Year
'dillb. BUSINESS ATTRACTION PERFORMANCE METRICS:
GPEC Progress Toward Goals
Annual Contract Actual Goal %of
Targeted Opportunities Goal YTD YTD Goal YTD
PAYROLL GENERATED(MILLIONS)
AVERAGE HIGH WAGE SALARY
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
EMERGING TECHNOLOGY ASSISTS
QUALIFIED PROSPECTS
INTERNATIONAL PROSPECTS
TOTAL REACH OF EDITORIAL PLACEMENTS
GPEC continues to target high-wage industries(advanced business services,aerospace, life sciences, renewable
energy,high-tech/IT)
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
oak
Page 1 of 1
..-.
EXHIBIT E
INSURANCE REQUIREMENTS
The City's insurance requirements are minimum requirements for this Agreement and
in no way limit the indemnity covenants contained in this Agreement The City in no way
warrants that the minimum limits required of GPEC are sufficient to protect GPEC from
liabilities that might arise out of this Agreement for GPEC, its agents, representatives,
employees or Contractors and GPEC is free to purchase such additional insurance as may
be determined necessary
A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least
as broad as the categories set forth below with limits of liability in amounts
acceptable to the City
1. Commercial General Liability- Occurrence Form
(Form CG 0001, ed 10/93 or any replacements thereof)
General Aggregate/per Project
Products-Completed Operations Aggregate
Personal & Advertising Injury
Each Occurrence
Fire Damage (Any one fire)
Directors and Officers
Medical Expense (Any one person) Optional
2. Automobile Liability-Any Auto or Owned,Hired and Non-Owned
Vehicles (Form CA 0001, ed 12/93 or any replacement thereof) Combined
Single Limit Per Accident for Bodily Injury and Property Damage
3. Workers' Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
B. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by the City If not approved, the City may request that the insurer
reduce or eliminate such self-insured retentions with respect to City, its officers,
officials, agents, employees and volunteers
Page 1 of 3
Adak
C. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions.
1. Commercial General Liability
a The City, its officers, officials, agents, employees and volunteers are
to be named as additional insureds with respect to liability arising out of
activities performed by or on behalf of GPEC, including the City's general
supervision of GPEC; products and completed operations of GPEC, and
automobiles owned, leased, hired or borrowed by GPEC.
b. GPEC's insurance shall include broad form contractual liability
coverage
c. The City, its officers, officials, agents, employees and volunteers
shall be additional insureds to the full limits of liability purchased by
GPEC, even if those limits of liability are in excess of those required by
this Agreement.
d GPEC's insurance coverage shall be primary insurance with respect
to City, its officers, officials, agents, employees and volunteers Any
insurance or self-insurance maintained by City, its officers, officials,
employees or volunteers shall be in excess of GPEC's insurance and shall
not contribute to it
e. GPEC's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability
f Coverage provided by GPEC shall not be limited to the liability
assumed under the indemnification provisions of this Agreement
g The policies shall contain a waiver of subrogation against City, its
officers, officials, agents, employees and volunteers for losses arising from
work performed by GPEC for the City
2. Workers' Compensation and Employers' Liability Coverage. The
insurer shall agree to waive all rights of subrogation against City, its
officers, officials, agents, employees and volunteers for any and all losses
arising from work performed by the Contractor for the City
Page 2 of 3
D. Notice of Cancellation. Each insurance policy required by the insurance
provisions of this Agreement shall provide the required coverage and shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days' prior written notice has been sent to City at the
address provided herein for the giving of notice. Such notice shall be by certified
mail, return receipt requested.
E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed
or approved unlicensed companies in the State of Anzona and with a "Best's"
rating of not less than A-•VII City in no way warrants that the above required
minimum insurer rating is sufficient to protect GPEC from potential insurer
insolvency
F. Verification of Coverage GPEC shall furnish City with Certificates of
Insurance (ACORD form or equivalent approved by City) and with original
endorsements effecting coverage as required by this Agreement. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf Any policy
endorsements that restrict or limit coverage shall be clearly noted on the
Certificate of Insurance
All certificates and endorsements are to be received and approved by City before
work commences. Each insurance policy required by this Agreement must be in
effect at or prior to commencement of work under this Agreement and remain in
effect for the duration of the project
All certificates of insurance required by this Agreement shall be sent directly to
City at the address and in the manner provided in this Agreement for the giving of
notice. City's Agreement/Agreement number, GPEC's name and description of the o
Agreement shall be provided on the Certificates of Insurance City reserves the
right to require complete certified copies of all insurance policies required by this
Agreement, at any time.
G. Approval. During the term of this Agreement, no modification may be made to
any of GPEC's insurance policies which will reduce the nature, scope or limits of
coverage which were in effect and approved by the City prior to execution of this
Agreement.
Page 3 of 3
411111."c
•
'i y of Apache function
op he the Superi/rlrorr.1°Iounlafrr.+
4PizON}
Print
TO: City Manager's Office
FROM: City Attorney's Office
DATE: July 3,2012
Agenda Type : Regular Agenda
Council Priority Focus Area: Required by Federal Law or State Statute
TITLE OF AGENDA ITEM:
Retroactive ratification for the legal action, cities of Apache Junction and Casa Grande v. Pinal County.
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION/BACKGROUND INFORMATION:
Pursuant to Johnson v Tempe Elementary School District No. 3 Governing Board(Arizona Court of Appeals 2000) city
council must ratify the filing of lawsuits publicly. This item, if approved, retroactively ratifies a lawsuit that was filed in Pinal
County Superior Court on June 19,2012 in which the cities of Apache Junction and Casa Grande desire to preserve the
redevelopment area funding established in the late 1990's. The county,in October 2010, refused to continue making the
disbursements as onginally established since 1998. The lawsuit is necessary to enforce the cities'rights.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
D Memo
INTEROFFICE MEMO
OFFICE OF THE CITY ATTORNEY
TO: Honorable Mayor and DATE: July 3, 2012
Members of the City Council
FROM: R. Joel Stern
City Attorney
SUBJECT: CITY OF APACHE JUNCTION/CASA GRANDE V. PINAL COUNTY,
OUR FILE NO. 11-025
In the 1990s, Apache Junction and Casa Grande (the "Cities") established
redevelopment areas in their municipalities. The law at that time allowed
incremental increase in value of property taxes, from the date of redevelopment
area establishment, be diverted to the cities for downtown redevelopment. In
1999, the State legislature disallowed such payments retroactively to December
31, 1998. Because the Cities had established the redevelopment areas before
such retroactive cutoff date, the distributions were approved by Pinal County.
The disbursements were to take place for approximately 30 years.
The cities received disbursements up until October 31, 2010, when County
Attorney James Walsh and Pinal County Treasurer Dolores Doolittle indicated
the payments would no longer be made due to what they considered legal
concerns.
Since that time, the parties have met on multiple occasions to try to resolve the
payment dispute. Unfortunately, no agreement was reached, which forced the
Cities to file a claim for unpaid disbursements.
The filing of a lawsuit is necessary to enforce the Cities' right to receive this
money. Council must publicly authorize the filing of the law suit under Johnson
v. Tempe Elementary School District No. 3, 199 Ariz. 123, 14 P.3d 314 (App. Div
1, 2000).
The lawsuit was filed on June 19, 2012 and staff seeks retroactive ratification.
likk
ROLL CALL VOTE
NOTES ( y
ITEM # MEETING OF
,01))/V
MOTION BY: SECONDED BY
YES NO ABSTAINED
COUNCILMEMBER BARKER ✓
COUNCILMEMBER WALDRON
COUNCILMEMBER WILSON J
COUNCILMEMBER EVANS ✓
VICE MAYOR DIETZ
COUNCILMEMBER SERDY
MAYOR I NSAtACO' vv
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
A
CONSENT AGENDA ITEMS NO. 1-5
I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND
THAT RECEIPT OF THE 2011-2012 ANNUAL REPORT OF THE APACHE JUNCTION
PUBLIC LIBRARY BE ACKNOWLEDGED, AND
THAT APPROVAL BE GIVEN FOR THE CONTRACT RENEWAL BETWEEN THE
GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION
FOR ECONOMIC DEVELOPMENT SERVICES IN THE AMOUNT OF $20,963 00, THAT
AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING
FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT
COUNCILMEMBER SERDY BE REAPPOINTED AS THE CITY OF APACHE JUNCTION
REPRESENTATIVE TO THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF
DIRECTORS; AND
THAT THE LEGAL ACTION OF THE CITIES OF APACHE JUNCTION AND CASA
GRANDE VERSUS FINAL COUNTY BE RATIFIED RETROACTIVELY
4 �PACHf✓` In b. onfte.
Ci 'y of Apache Junction
Home of`the SupefD itioii Mountains
Print
TO: City Managers Office 11
FROM: Mayor John S.Insalaco
DATE: July 3,2012
Agenda Type: Regular Agenda
Council Priority Focus Area: Revenue Development
TITLE OF AGENDA ITEM:
PRESENTATION OF THE COMMUNITY PARTNERSHIP AWARD TO REPUBLIC SERVICES.
ACTION RE UESTED:
Information Only(No discussion)
DISCUSSION/BACKGROUND INFORMATION:
Presentation of the Community Partnership Award to Republic Services in recognition for their sponsorship of 4th of July
fireworks in 2010, 2011 and 2012.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
..,RECOMMENDATION:
ATTACHMENTS:
Click to download
No Attachments Available
Go of Apache Junction
lio m' of the Si/pen-titian.t lollnfails
Print
TO: City Manager's Office
FROM: George Hoffman,City Manager
DATE: July 3,2012
kenda Type: Regular Agenda
Council Priority Focus Area:
TITLE OF AGENDA ITEM:
MANAGERS REPORT.
ACTION REQUESTED:
DISCUSSION/BACKGROUND INFORMATION:
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
No Attachments Available
PUBLIC HEARING
p
1. For PROPOSED ORDINANCE NO. 1384, CASE AN-1-08,ANNEXATION OF
APPROXIMATELY 50 ACRES OF VACANT STATE TRUST LAND AND
ASSIGNING CITY ZONING TO SAID PROPERTY
2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not, this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
..r
hp ACHE ` Am.
° tt R y; GO of Apache Junction
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Home of the .S upe; Libor Mountains
Print
TO: City Manager's Office
FROM: Rudy Esquivas,Senior Planner/Zoning Administrator
DATE: July 3,2012
.agenda Type : Regular Agenda
Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities
TITLE OF AGENDA ITEM:
PROPOSED ORDINANCE NO. 1384,CASE AN-1-08,ANNEXATION OF APPROXIMATELY 50 ACRES OF VACANT
STATE TRUST LAND AND ASSIGNING CITY ZONING TO SAID PROPERTY.
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION I BACKGROUND INFORMATION:
Proposed Ordinance No. 1384 would allow for the annexation of 50+acres of State land at the southeast corner area of the
S. Meridian Dnve and W. Elliot Avenue alignments. The purpose of the annexation is to accommodate the future alignment
and adjustment of Elliot Avenue at such time as it is extended eastwardly.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
Statutory Requirement
.tECOMMENDATION:
Staff recommends approval of the annexation. No comments have been received in favor or in opposition to the annexation.
ATTACHMENTS:
Click to download
0 AN-1-08 Staff Report
❑ Ord.1384 with attachments
e.k. .•b
.,` ` City of Apache Junction
44a0=,o- Development Services Department
'Iwo.
DATE: June 21, 2012
TO Honorable Mayor and City Council
THROUGH. George Hoffman, City Manager
THROUGH: Brad Steinke, Dev. Services Director
FROM: Rudy Esquivias, Senior Planner/Zoning
Administrator
SUBJECT: Consent Agenda Item: AN-1-08 (Ordinance No
1384) Proposed Annexation of 50+ Acres at
the Southeast corner of the S. Meridian
Drive and W. Elliot Avenue alignment
Proposal Description
This is an annexation proposal for a 50+ gross acres property of
vacant State Trust Land, located at the southeast corner of the
S. Meridian Drive and W. Elliot Avenue alignments .
The subject site is presently zoned by Pinal County as General
Rural (GR) Upon successful annexation into the City, the
subject site will be assigned the City of Apache Junction zoning
district of General Rural (GR) in compliance with State law,
which requires that a City assign an annexed property zoning of
similar or equal intensity as the County' s upon annexation
The property is being annexed with permission from the State
Lands Selection Board, and the basic purpose for the annexation
is to allow for the proper alignment of Elliot Avenue in the
future when it is extended. This rezoning will also create some
commercial corner development opportunities at such time as
development is proposed
AN-1-08 (State Lands 50 Acres)
Page 1 of 2
Case Background
As part of the annexation process required by Arizona Revised
Statutes (ARS) , Section 9-471, on June 13, 2011 the City filed a
blank (unsigned) annexation petition with the Pinal County
Recorder' s office A requisite public hearing to discuss the
annexation and receive public comment, within 30 days of
- recording the blank petition, was held on July 5, 2011 . The
process of distributing and collecting petitions with the
signatures of owners of real and personal property within the
annexation area began on July 13, 2011, after the end of the 30
day waiting period. State Statutes then give a time frame of
one year, after the 30-day waiting period, to collect the
necessary number of signatures of consent In this case, the
City received information from the Arizona Department of Revenue
that the only owner of real or personal property of record in
the annexation area is was Century Link. Their signed
annexation petition has been received and has now been recorded.
All annexation process requirements having been met at this
time, Planning Staff has prepared the attached annexation
ordinance (Ordinance No. 1384) to be adopted by the City Council
at their July 3, 2012 meeting
Impact Assessment
The City will become responsible for services including: police
protection, zoning and code enforcement, and the maintenance of
roadways . The site will also receive service from the Sewer
District and the Fire District when development comes along.
Water for the property will be provided by Arizona Water
,.� Company.
All records pertaining to this annexation are available on file
in the Planning Division Office at 300 E. Superstition
Boulevard. Please refer to case file AN-1-08 when inquiring
about this case
Recommended Motion
I move that the Apache Junction City Council (approve/deny)
Ordinance No. 1384, a City-initiated annexation of 50+ acres of
vacant State Trust Land at the southeast corner of the S.
Meridian Drive and W. Elliot Avenue alignments .
Attachment.
- Draft Ordinance No 1384 (with Certification of Map, Map Exhibit "A",
Zoning Exhibit "B", and State Lands approval certificate)
.p
ORDINANCE NO. 1384
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, EXTENDING AND INCREASING
THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,
PINAL COUNTY, ARIZONA, IN CASE AN-1-08, PURSUANT TO
PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA
REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING
CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY
LIMITS OF THE CITY OF APACHE JUNCTION; ADOPTING ZONING
CLASSIFICATIONS FOR ANNEXED TERRITORY, REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY
WHEREAS, a petition in writing, accompanied by a map or
plot of said real property, having been filed and presented to
the Mayor and Council of the City of Apache Junction, Arizona,
signed by the owners of more than one-half in value of the real
and personal property and more than one-half of the persons
owning real and personal property as would be subject to
taxation by the City of Apache Junction in the event of
annexation within the territory and land hereinafter described
as shown by the last assessment of said property, which said
territory is contiguous to the City of Apache Junction and not
now embraced within its limits, asking that the property more
particularly hereinafter described be annexed to the City of
Apache Junction, and to extend and increase the corporate limits
of the City of Apache Junction so as to embrace the same; and
WHEREAS, the Mayor and Council of the City of Apache
Junction, Arizona, are desirous of complying with said petition
and extending and increasing the corporate limits of the City of
Apache Junction to include said territory; and
WHEREAS, the petition sets forth a true and correct
description of all the exterior boundaries of the entire area
proposed to be annexed to the City of Apache Junction, and had
attached thereto at all times an accurate map of the territory
proposed to be annexed, and
WHEREAS, no alterations increasing or reducing the
territory proposed to be annexed have been made after the
petition was signed by any owner of real and personal property
in said territory; and
ORDINANCE NO 1384
PAGE 1 OF 4
Aft, Ask.
WHEREAS, the provisions of Arizona Revised Statutes,
Section 9-471 and amendments thereto, have been fully observed,
including, but not limited to, Council approval of a plan,
policy, or procedure to provide the annexed territory with
appropriate levels of infrastructure and services to serve
anticipated new development within ten (10) years after the
annexation becomes final; and
Almik
WHEREAS, proper and sufficient certification and proof of
the foregoing facts are now on file in the office of the City
Clerk of the City of Apache Junction, Arizona, together with a
true and correct copy of the original petition referred to
herein, which is on file in the office of the Pinal County
Recorder
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I. IN GENERAL
The following legally-described territory is hereby annexed to
the City of Apache Junction, Arizona, and that the present
corporate limits shall be extended and increased to include the
following territory which is contiguous to the present City
limits:
A portion of Government Lots 1, 2, and 3, and the North half
of the Northeast quarter of Section 18, Township 1 South,
Range 8 East, Gila and Salt River Meridian, Pinal County,
Arizona, described as follows:
BEGINNING at the Southeast corner of Section 12, Township 1
South, Range 7 East, from which the East quarter corner of
said Section 12 bears N00°39' 05"W, a distance of 2637 77 feet;
THENCE N00°39' 05"W, along the East line of said Section 12, a
distance of 389. 15 feet to the Northwest corner of Section 18,
Township 1 South, Range 8 East; THENCE N89°45'43"E, along the
North line of the Northwest quarter of said Section 18, a
distance of 3579.88 feet to the North quarter corner of said
Section 18; THENCE N89°45' 43"E, along the North line of the
Northeast quarter of said Section 18, a distance of 1935 46
feet, THENCE S00°39' 05"E, a distance of 404 . 31 feet; THENCE
S89°45'43"W, and parallel to the North line of said Section
18, a distance of 4115.02 feet, THENCE N89°37' OS"W, a distance
ORDINANCE NO. 1384
PAGE 2 OF 4
of 1400. 51 feet to the POINT OF BEGINNING (Containing 50. 95
acres more or less. )
SECTION II RECORDATION
That a copy of this ordinance, together with an accurate map of
the territory hereby annexed to the City of Apache Junction,
Arizona, certified by the Clerk of the City, attached hereto as i'IN
Exhibit "A" , be forthwith filed and recorded in the office of
the County Recorder of Final County, Arizona
SECTION III: ZONING CLASSIFICATION
The zoning classification for the above noted and described
annexed territory is hereby adopted as shown on Exhibit "3"
attached hereto and by this reference incorporated herein, and
such zoning classification permits densities and uses no greater
than those permitted by the County immediately before this
annexation.
SECTION IV: REPEALING OF CONFLICTING ORDINANCES
All ordinances and part of ordinances and/or provisions of the
Apache Junction City Code which are in conflict with the
provisions of this ordinance are hereby repealed.
SECTION V: PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portion thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012.
SIGNED AND ATTESTED TO THIS DAY OF , 2012
JOHN INSALACO
Mayor
ORDINANCE NO 1384
PAGE 3 OF 4
Ammir Ask
ATTEST
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
RICHARD JOEL STERN
City Attorney
Amik
ORDINANCE NO. 1384
PAGE 4 OF 4
CERTIFICATION OF MAP
MAP OF ANNEXED AREA, CASE AN-1-08
DATE: , 2012
I, John insalaco, Mayor of the City of Apache Junction, Arizona,
do hereby certify that the foregoing map, Exhibit "A" , is a true
and correct map of the territory annexed under and by virtue of
the petition of the real and personal property owners in the
said territory and by Ordinance No. 1384, annexing the territory
described in Ordinance No_ 1384 and as shown on said map as a
part of the territory to be included within the corporate limits
of the City of Apache Junction, Arizona.
JOHN INSALACO
Mayor
Attest
KATHLEEN CONNELLY
City Clerk
AN-1-08
EXHIBIT A
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V�/f = Annexation Area and Area being rezoned from Pinal County GR Zone
to City of Apache Junction GR Zone AL
NORTH
"LEGAL DESCRIPTION OF PROPOSED ANNEXATION AREA
A portion of Government Lots 1, 2, and 3, and the North half of the Northeast
quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River
Meridian, Pinal County, Arizona, described as follows
BEGINNING at tne Southeast corner of Section 12, Township 1 South, Range 7 East,
from which the East quarter corner of said Section 12 bears N00°39'05"W, a
distance of 2637.77 feet, THENCE N00°39'05"W, along the East line of said Section
12, a distance of 389.15 feet to the Northwest corner of Section 18, Township 1
South, Range 8 East; THENCE N89°45'43"E, along the North line of the Northwest
quarter of said Section 18, a distance of 3579.88 feet to the North quarter
corner of said Section 18; THENCE N89°45'43"E, along the North line of the
Northeast quarter of said Section 18, a distance of 1935.46 feet, THENCE
S00°39'05"E, a distance of 404 31 feet, THENCE S89°45'43"W, and parallel to tne
North line of said Section 18, a distance of 4115 02 feet, TFENCE N89°37'05"W, a
distance of 1400 51 feet to the POINT OF BEGINNING (Containing 50 95 acres more
or less. )
CITY OF APACHE JUNCTION, ARIZONA, ANNEXATION AND REZONING MAP
emS
EXHIBIT "B"
ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY
A. The zoning district classification on the Zoning District Map,
City of Apache Junction, Arizona, be and hereby is amended by
adopting and establishing a City of Apache Junction zoning
district classification from the former Final County General
Rural (GR) zone to the City of Apache Junction classification of
General Rural (GR) zone for the following legally described
territory
A portion of Government Lots 1, 2, and 3 , and the North
half of the Northeast quarter of Section 18, Township 1
South, Range 8 East, Gila and Salt River Meridian, Final
County, Arizona, described as follows.
BEGINNING at the Southeast corner of Section 12, Township 1
South, Range 7 East, from which the East quarter corner of
said Section 12 bears N00°39' 05"W, a distance of 2637. 77
feet, THENCE N00°39' 05"W, along the East line of said
Section 12, a distance of 389 15 feet to the Northwest
corner of Section 18, Township 1 South, Range 8 East;
THENCE N89°45' 43"E, along the North line of the Northwest
quarter of said Section 18, a distance of 3579 88 feet to
the North quarter corner of said Section 18, THENCE
N89°45' 43"E, along the North line of the Northeast quarter
of said Section 18, a distance of 1935 46 feet; THENCE
S00°39' 05"E, a distance of 404 31 feet, THENCE S89°45'43"W,
and parallel to the North line of said Section 18, a
distance of 4115 02 feet, THENCE N89°37' 05"W, a distance of
1400 51 feet to the POINT OF BEGINNING (Containing 50 95
acres more or less )
■■
Janice II Brewer ARIZONA STATE sin LAND DEPARTMENT
Governor
ARIZONA STATE SELECTION BOARD
Maria Baier APPROVAL OF PROPOSED ANNEXATION
State Land
Commissioner
On this 5th day of November, 2009 the Arizona State Selection Board has given
due consideration and does hereby approve the proposed annexation of State
lands, as described in Attachment A, into the incorporated boundaries of the City
of Apache Junction
lit fre,--. .e.......„..„
1.6 nice K Brewer - -,� -
Vic,.''_' „ � N
overnor, State of Arizona ,`r. .. ..,_! kft ( .,,
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Attorney Gene I, State of Arizona i' �� '0.
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,.. Dean Martin
Treasurer, State of Arizona
-I
Marra r
Commissioner, State of Anzona Land Department
1/124"ftd7 ------
Attes : 11AA I f-S-Dq
Secretary of State Date
Stytint-Anzaata s School,and Public Institutions Since 1915
1616 West Adams Phoenix,AZ 85007 www.iand stateaz.us
ATTACHMENT A
LEGAL DESCRIPTION
FOR
ANNEXATION TO THE CITY OF APACHE JUNCTION
FOR
REALIGNMENT OF ELLIOT AVENUE
A PORTION OF GOVERNMENT LOTS 1, 2, AND 3, AND THE
NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP
1 SOUTH, RANGE 8 EAST, GILA AND SALT RIVER MERIDIAN, PINAL
COUNTY, ARIZONA, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 12,
TOWNSHIP 1 SOUTH, RANGE 7 EAST, FROM WHICH THE EAST QUARTER
CORNER OF SAID SECTION 12 BEARS N00"39'05"W, A DISTANCE OF
2637 77 FEET,
THENCE NOO°39'05"W, ALONG THE EAST LINE OF SAID SECTION
12, A DISTANCE OF 389.15 FEET TO THE NORTHWEST CORNER OF
SECTION 18, TOWNSHIP 1 SOUTH, RANGE 8 EAST,
THENCE N89°45'43"E, ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 18, A DISTANCE OF 3579.88 FEET TO
THE NORTH QUARTER CORNER OF SAID SECTION 18,
THENCE N89°43'43"E, ALONG THE NORTH LINE OF THE NORTHEAST __
QUARTER OF SAID SECTION 18, A DISTANCE OF 1935 46 FEET,
THENCE SOO°39'OS"E,A DISTANCE OF 404 .31 FEET,
THENCE S 8 9°45'43"W, AND PARALLEL TO TI IE NORTH LINE OF SAID
SECTION 18, A DISTANCE OF 4115 02 FEET,
THENCE N89°3T07"W. A DISTANCE OF 1400.51 FEET TO THE
POINT OF BEGINNING.
CONTAINING 50 .95 ACRES MORE OR LESS
ROLL CALL VOTE
NOTES:
1 .
�
ITEM # MEETING OF
LO
MOTION BY: ! A SECONDED BY
YES NO ABSTAINED
VICE MAYOR DIETZ
COUNCILMEMBER WILSON
COUNCILMEMBER BARKER
COUNCILMEMBER SERDY
COUNCILMEMBER EVANS
COUNCILMEMBER WALDRON
1lAY6k4NSAL '`
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES:
ITEM # MEETING OF
MOTION BY SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER WILSON
COUNCILMEMBER SERDY
COUNCILMEMBER WALDRON
VICE MAYOR DIETZ
COUNCILMEMBER BARKER
COUNCLMEMBEREVANS
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 8
I MOVE THAT ORDINANCE NO. 1384 BE READ BY TITLE ONLY AND THAT THE
READING OF THE ENTIRE ORDINANCE BE WAIVED.
(Call upon the city clerk to read Ordinance No. 1384 by title only. Majority vote required)
I MOVE THAT ORDINANCE NO 1384, AS READ BY THE CITY CLERK, (BE
APPROVED AND ADOPTED) OR(BE DENIED).
I MOVE THAT ORDINANCE NO. 1384, AS READ BY THE CITY CLERK, BE APPROVED
AND ADOPTED WITH THE FOLLOWING AMENDMENTS.
(154.011.\\\I
City of Apache Jmiawii
Home of the Sir e»7tfron Mountains
�,p►IOpF
Print
TO: City Manager's Office
FROM: Steve Filipowicz, ED Director
DATE: July 3, 2012
Agenda Type : Regular Agenda
Council Priority Focus Area: Economic Development
TITLE OF AGENDA ITEM:
CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR OPERATION OF A LOCAL VISITOR
INFORMATION CENTER. LARRY JOHNSON, PRESIDENT/CEO, AND REPRESENTATIVES OF THE APACHE JUNCTION
CHAMBER OF COMMERCE WILL BE PRESENT TO DISCUSS ON-GOING OPERATIONS.
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION / BACKGROUND INFORMATION:
Following council's discussion on this topic at the June 18th work session, staff has revised certain aspects of the proposed
three (3) year extension of the professional services agreement(PSA).The PSA remains funded at the same level of
$36,000.00 per year and adds city funding for the Visit Sunny AZ Marketing Consortium in the amount of$5,000.00 per year.
Funding is contingent on availability of funds and city council approval during the annual budget adoption process.
FISCAL IMPACT:
Budgeted Expenditure
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
Staff respectfully recommends approval of the revised PSA.
ATTACHMENTS:
Click to download
D Staff Cover Memo
LI Revised Draft Visitors Center PSA 3 year extension
z_5' 4
�t o riche Junction
Z iy f p
-Economic'Development -
DATE June 21, 2012
MEMORANDUM TO The Honorable Mayor&City Council
MEMORANDUM Thru: George Hoffman, City Manager
MEMORANDUM FROM. Steve Fihpowicz, Econ. Dev. Dir.
SUBJECT: AJ Visitors' Center contract extension & revisions
Background: We/City of AJ released an RFQ for Visitor Center Service on July 6, 2010. On Aug
2, 2010 the AJ Chamber were the only organization to submit response. On Oct 5th, 2010
M&CC selected the AJ Chamber to provide the services from Oct 1. 2010 to June 30, 2012 for
quarterly payments of$9,000.00 {$36k per year or$108,000 over the full three year term of the
Professional services Agreement (PSA) extension}. The rate remains unchanged for the three
year term
Updated PSA Template. since entenng into the agreement in 2012 a new PSA template has
evolved. Much of the 'meat' of the contract is now in Exhibits A & B. While staff continues to
proceed within the parameters of the onginal PSA for a three (3) year renewal period (July 1,
2012 to June 30, 2015), we heard Council loud and clear dunng the work session Staff has
implemented CM Waldron's suggestions regarding 'continue to' rather than 'develop.' A new
Item N requires annual records transfer, and within Exhibit B, staff has taken a stab at codifying
Mayor and Council right to an annual review of the Consultant's performance. Additionally
under Item F instead on limiting it to intemet we have added 'and assorted Social Media
channels', Item K; Shop Local, rather than name places where leakage occurs we now refer to
'outside the City of Apache Junction.'
Visit Sunny AZ Consortium*. www visitsunnyaz corn , staff retains $5,000 of annual city funding
for this highly successful initiative - see Exhibit B. Chamber staff has successful leveraged a
number of marketing events and familiarization tour for both domestic and international travel
writers that have favorably reflected upon their tourism experiences in and near Apache
Junction and helped to enhance our community's reputation among travelers and tourists.
"other members cities are Chandler, Mesa and Tempe
Seeking to build on this success and also implement Council's intent of placing greater
emphasis on tourism and tounsm promotion, staff has suggested city funding of Apache
Junction's participation in this marketing effort - as always subject to the annual budgetary
approval process. Staff recommends approval of this revised three (3) year extension_ Larry
Johnson and members of his Board and volunteers will be present to discuss operational topics.
Voice (480)982-8002 - Fax(480)982-7018 . TDD(480)983-0095 www.ajcity.net
300 E. Superstition Boulevard, Apache Junction,AZ 85119
Revised Draft
PROFESSIONAL SERVICES AGREEMENT WITH THE APACHE JUNCTION
CHAMBER OF COMMERCE
This Agreement is made as of the day of 20 (the "Effective
Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal
corporation ("City"), and APACHE JUNCTION CHAMBER OF COMMERCE, an
Arizona not for profit corporation, ("Consultant"), both of which may be
hereinafter referred to collectively as the "Parties", for the project entitled "for
operation of a local Visitor Information Center".
RECITALS
A City desires to continue to retain a consultant to operate a local visitor
information center and to make payment for the same in accordance with the
terms and conditions set forth in this Agreement, including all attachments and
addenda which are appended hereto by mutual agreement of the Parties.
B. The open market procedures set forth in the Apache Junction City
Code have previously been satisfied.
C The Parties have set forth below contemplated services Consultant will
provide City, including payment terms for such services and products.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1 CONSULTANT'S DUTIES. Consultant agrees to perform the
professional services detailed in Exhibit A.
2 COMPENSATION• In accordance with the terms and conditions of
this Agreement, City shall compensate Consultant for professional services in an
amount not to exceed $41,000.00 annually, in accordance with the fee and
quarterly reporting schedule set forth in Exhibit B
3. CONSULTANT BILLING. Consultant shall bill City on a time and
expense basis in a total amount not to exceed Section 2 above. City shall pay
such billings within thirty (30) calendar days of the date of receipt.
4. TERM/RENEWAL: This Agreement shall be effective beginning on
July 1, 2012 and shall remain in full force and effect until June 30, 2015, unless
otherwise terminated as set forth herein. The initial term having expired June
30, 2012, the Parties have, by mutual agreement, agreed to renew or extend this
1
Revised Draft
Agreement a maximum of three additional years as allowed within the original
term of the professional service agreement dated October 5', 2010
5. CITY'S STANDARD OF PERFORMANCE. City shall furnish
Consultant with all data, information and other supporting services specified in
Exhibit A.
6. CONSULTANT'S STANDARD OF PERFORMANCE. While performing the services, Consultant shall exercise the reasonable professional care and
skill customarily exercised by reputable members of Consultant's profession
practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence
and best judgment while exercising its professional skill and expertise.
Consultant shall be responsible for all errors and omissions Consultant commits
in the performance of this Agreement.
7. NOTICES: All notices to the a Party required under this Agreement
shall be in writing and sent by first class certified mail, postage prepaid, return
receipt requested, addressed to the following:
If to City: City of Apache Junction
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to Consultant: Apache Junction Chamber of Commerce
Attn• Larry Johnson, President/CEO
567 W. Apache Trail
P.O. Box 1747
Apache Junction, AZ 85117-1747
8. INSURANCE: Consultant, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Consultant's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
2
Revised Draft
The insurance policies, except Workers' Compensation, shall contain a waiver of
transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, work or service.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Consultant shall be solely responsible for the deductible and/or self retention
and City, at its option, may require Consultant to secure payment of such
deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements City shall not be obligated, however, to review same or to advise
Consultant of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Consultant from, or be deemed a waiver of, City's right
to insist on strict fulfillment of Consultant's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Liability
Consultant shall maintain Commercial General Liability insurance with a limit of
not less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage will be
at least as broad as that on Insurance Service Office, Inc. Policy Form No CG
00011093, or any replacements thereof.
Such policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, nor any provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B,
CG 20101185, and shall include coverage for Consultant's operations and
products and completed operations
3
Revised Draft
If required by this Agreement, if Consultant sublets any part of the work,
services or operations, Consultant shall purchase and maintain, at all times
during prosecution of the work, services or operations under this Agreement, an
Owner and Consultant's Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the prosecution of
Consultant's work, service or operations under this Agreement. Coverage shall
be on an occurrence basis with a limit not less than $1,000,000 per occurrence,
and the policy shall be issued by the same insurance company that issues
Consultant's Commercial General Liability insurance.
Automobile Liability
Consultant shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Consultant's owned, hired, and
non-owned vehicles assigned to or used in performance of Consultant's work.
Coverage will be at least as broad as coverage code 1, "any auto", (Insurance
Service Office, Inc. Policy Form CA 00011293, or any replacements thereof).
Such insurance shall include coverage for loading and off loading hazards. If
hazardous substances, materials or wastes are to be transported, MCS 90
endorsement shall be included and $5,000,000 per accident limits for bodily
injury and property damage shall apply.
Workers' Compensation
Consultant shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Consultant's
employees engaged in the performance of the work or services, and, Employer's
Liability insurance of not less than $100,000 for each accident, $100,000 disease
for each employee, and $500,000 disease policy limit.
By execution of this Agreement, Consultant certifies as follows:
"I am aware and understand the provisions of A.R.S. § 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 Consultant has no employees for whom workers' compensation insurance is
required, Consultant shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Consultant employs any
employees subject to coverage
4
Revised Draft
In case any work is subcontracted, Consultant will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Consultant.
Professional Liability
Consultant retained by City to provide the work or service required by this
Agreement will maintain Professional Liability insurance covering acts, errors,
mistakes and omissions arising out of the work or services performed by
Consultant, or any person employed by Consultant, with a limit of not less than
$1,000,000 each claim
Certificates of Insurance
Prior to commencing work or services under this Agreement, Consultant shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Consultant's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ 85119.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion
and acceptance of Consultant's work or services and as evidenced by annual
Certificates of Insurance
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City's Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision.
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy "
5
Revised Draft
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
9 APPLICABLE LAW AND VENUE. The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either party for
the purpose of enforcing a right or rights provided for in this Agreement, shall be
tried in a court of competent jurisdiction in Pinal County, State of Arizona. The
parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorneys'
fees, necessary witness fees and court costs to be determined by the court in
such action.
10 FORCE MAJEURE: Neither City nor Consultant, as the case may be,
shall be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an "Enforced Delay") due to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subcontractors or materialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not
limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement. In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Consultants, subcontractors, vendors
or investors desired by Consultant in connection with the obligations under this
Agreement. Consultant agrees that Consultant alone will bear all risks of delay
which are not Enforced Delay. In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the Party
claiming delay shall be extended for a period of the Enforced Delay, provided,
however, that the Party seeking the benefit of the provisions of this Section shall,
within thirty (30) calendar days after such Party knows or should know of any
such Enforced Delay, first notify the other Party of the specific delay in writing
and claim the right to an extension for the period of the Enforced Delay; and
provided further that in no event shall a period of Enforced Delay exceed ninety
(90) calendar days.
6
Revised Draft
11. TERMINATION: This Agreement may be terminated by either Party
for any reason upon two (2) months' written notice. If this Agreement is
terminated, City shall be reimbursed from Consultant the amount paid for any
undelivered and/or unaccepted products or services. Upon termination, City
agrees to pay for all delivered, accepted, and properly invoiced services that
were provided up to the announced Termination Date.
12. INDEMNIFICATION. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including attorney and expert witness fees, arising from or connected
with or alleged to have arisen from or connected with, relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions, work or
services of Consultant, its agents, employees, or any tier of Consultant's
subcontractors in the performance of this Agreement. Consultant's duty to
defend, hold harmless and indemnify City, its Special Districts, elected and
appointed officers, officials, agents, and employees shall arise in connection
with any tortious claim, damage, loss or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment, or destruction of
property including loss of use resulting therefrom, caused by an Consultant's
acts, errors, mistakes, omissions, work or services in the performance of this
Agreement including any employee of Consultant, any tier of Consultant's
subcontractor or any other person for whose acts, errors, mistakes, omissions,
work or services Consultant may be legally liable.
13. LICENSE: Consultant represents and warrants that any license
necessary to perform the work under this Agreement is current and valid.
Consultant understands that the activity described herein constitutes "doing
business in the City of Apache Junction" and Consultant agrees to obtain a
business tax license pursuant to Article 8-5 of the Apache Junction City Code
and keep such license current during the term of this Agreement. Any activity by
subcontractors within the corporate city limits, will invoke the same business tax
regulations on any subcontractors, and Consultant ensures its subcontractors
will obtain any required business tax license.
14 RECORDS. Records of Consultant's labor, payroll, and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Consultant shall
maintain records for a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that retention period
for examination or audit by City personnel during regular business hours.
15. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this
Agreement shall imply City is obligated to obtain the services described herein
with only this particular Consultant.
7
Revised Draft
16 WAIVER OF TERMS AND CONDITIONS: The failure of City or
Consultant to insist in any one or more instances on performance of any of the
terms or conditions of this Agreement or to exercise any right or privilege
contained herein shall not be considered as thereafter waiving such terms,
conditions, rights or privileges, and they shall remain in full force and effect.
17. COMPLIANCE WITH FEDERAL AND STATE LAWS. Consultant
understands and acknowledges the applicability of the American with —
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
As required by A R S § 41-4401, Consultant hereby warrants its compliance with
all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee,
Consultant will verify the employment eligibility of the employee through the E-
Verify program. If Consultant uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 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. Consultant is subject to a penalty of$100 per day
for the first violation, $500 per day for the second violation, and $1,000 per day
for the third violation. City at its option may terminate this Agreement after the
third violation. Consultant shall not be deemed in material breach of this
Agreement if the Consultant and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any
Consultant or subcontractor employee who works under this Agreement to
ensure that the Consultant or subcontractor is complying with the warranty. Any
inspection will be conducted after reasonable notice and at reasonable times. If
state law is amended, the Parties may modify this paragraph consistent with
state law.
18. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Consultant and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the parties hereto. Written and signed
amendments shall automatically become part of the Supporting Documents, and
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.
8
Revised Draft
19. SEVERABILITY. City and Consultant each believe that the
execution, delivery and performance of this Agreement are in compliance with
all applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, City Code or City Charter), such provision shall be
deemed severed from this Agreement and this Agreement shall otherwise
remain in full force and effect, provided that this Agreement shall retroactively
be deemed reformed to the extent reasonably possible in such a manner so that
the reformed agreement (and any related agreements effective as of the same
date) provide essentially the same rights and benefits (economic and otherwise)
to the Parties as if such severance and reformation were not required. Unless
prohibited by applicable laws, the Parties further shall perform all acts and
execute, acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this Agreement, as
reformed.
20. ACCURACY OF WORK: Acceptance of services or work by City
shall not relieve Consultant of the responsibility for subsequent correction of any
such errors and the clarification of any ambiguities. Consultant shall make all
necessary revisions or corrections resulting from errors and omissions on the
part of Consultant without additional compensation
21. CONFLICTS OF INTEREST: This Agreement is subject to, and may
be terminated by City in accordance with, the provisions of A.R.S § 38-511.
IN WITNESS WHEREOF, Consultant and City have executed this
Agreement as of the date first set forth above.
Apache Junction Chamber of Commerce,
an Arizona not for profit corporation
By.
Its.
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By. John S. Insalaco
Its: Mayor
9
Revised Draft
ATTEST.
Kathleen Connelly, City Clerk
APPROVED AS TO FORM:
By:
R. Joel Stern, City Attorney
STATE OF ARIZONA )
) ss.
COUNTY OF )
The foregoing was acknowledged before me this day of
, 20 , by John S. Insalaco, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires•
(seal)
10
Revised Draft
EXHIBIT A
SCOPE OF WORK
Consultant agrees to perform the following professional services in connection
with this Agreement, all to be performed in accordance with all city codes,
ordinances, regulations, policies and procedures.
A. Operate a visitor and community information center fully staffed located
within the city limits, consistent with the guidelines established by the Arizona
Office of Tourism. Minimum requirements to be met include: i) be open Monday
through Friday, 8.00 a.m. to 5.00 p.m. Mountain Standard Time; ii) provide
information racks accessible to the public on weekends and holidays; iii) make
public restrooms accessible during operating hours; iv) make available public
telephone during operating hours, v) provide drinking water during operating
hours; and vi) provide general information about the City of Apache Junction,
this region, and the State. Operating hours shall be extended to include
Saturdays from 9:00a.m. to 2.00p m Mountain Standard Time from December 1,
2010 through April15, 2011 and again on December 1, 2011 through Apnl15,
2012 Requests for specific information regarding city government operations
and City services shall be referred directly to City officials.
B. Provide referrals to businesses located within the city limits and referrals
to area cultural, historical and recreational attractions.
C. Continue to develop, implement and revise a program to encourage return
visits to the community.
D. Provide licensed businesses located within the city limits with an
opportunity to participate in the Visitor/Information Center.
E. Continue to periodically update and reformulate informational packets
issued by Visitor Information Center to include information on City-sponsored
events
F. Through the Internet and assorted Social Media channels, continue to
develop and refine a program offering information on businesses located within
the city limits, as well as information on cultural, historical and recreational
attractions occurring or existing within the City and the area.
G. Continue to update and re-design Apache Junction brochure in
cooperation with City and Arizona Office of Tourism, and re-print as needed
H. Periodically review and provide cost estimates for updating and
expanding web-based virtual tour of City of Apache Junction and area
attractions.
Revised Draft
I. Continue to implement and revise a cooperative marketing program in
conjunction with regional marketing associations, firms, agencies or consultants
and chambers of commerce to promote City businesses and the area's cultural,
historical and recreational attractions.
J. Continue to implement, update and revise a "destination tourism" program
including but not limited to group/package tours using licensed hotels, motels,
restaurants and retail establishments located within the city limits as resources.
K. Continue to implement and revise a "shop local" program designed to
assist licensed businesses located within the city limits and to help reduce retail
sales leakage outside of the City of Apache Junction
L. Provide information and services listed above on an impartial basis and
regardless of membership status in the Apache Junction Chamber of
Commerce.
M. Enhance city sales tax revenues through the information and services
listed above.
N. Concurrent with the annual fiscal year fourth quarter - quarterly report,
(e.g. within ten (10) days of each June 30th throughout the term of this
Agreement) transfer to the city's custodianship such Visitor Center records as
are prescribed by the Records Management General Schedule: Civic,
Convention, Cultural Facilities & Visitors Bureaus Records
Revised Draft
EXHIBIT B
FEE & QUARTERLY REPORTING SCHEDULE
In accordance with the terms and conditions of this Agreement, City shall
compensate Consultant for its professional services as follows:
A. An aggregate sum of up to, $108,000.00, billed in the amount of$9,000.00
each quarter (i.e. $36,000 annually) for a total of 12 quarters, subject to Council
appropriation of funds
B. An aggregated sum of up to $15,000.00, billed in the amount $2,500.00
semi-annually (i.e. $5,000.00 annually) for three years, to coincide with the
invoice/billing cycle for Apache Junction's participation in the Visit Sunny AZ
Marketing Consortium, subject to Council appropriation of funds.
C. Notwithstanding the fee arrangements outlined above, the Mayor and City
Council of the City of Apache Junction reserve the right to annually review the
Consulant's performance as related to the Scope Of Work delineated in Exhibit A
of this Agreement.
D. Within ten (10) working days following the last day of each fiscal year
quarter, Consultant shall submit to the City Clerk detailed reports accounting for
the expenditure of City funds. Consultant shall submit a separate, concise
summary of all expenditures within each report. The summaries shall be subject
to public disclosure as public records in accordance with A.R.S. § 39-121, et
seq. Each report shall be typewritten or prepared on a word processor and shall
include the status of Consultant's progress on theschedule work items as
referenced in Section 2 above. It shall include a description of all work
undertaken and all findings and conclusions In addition, it shall include
documentation supporting these expenditures. These reports shall also
contain the information required in this Agreement, and in doing so, shall
demonstrate the value of work and its impact upon economic development
within the corporate boundaries of City. Documentation for actual
expenditures shall include a summary page detailing all quarterly
expenditures made in accordance with this contract and all relevant bills,
receipts, and statements, with the relevant expenditures highlighted. The
Apache Junction City Manager or his or her designee ("City Manager") has the
sole discretion to determine whether the above referenced reports contain
adequate specificity. Should the City Manager desire additional information,
such information shall be produced by Consultant within ten (10) working
days from receipt of such request. The City Manager may withhold any and all
payments due until such time as all reporting concerns have been resolved
Revised Draft
The books and records of Consultant shall be subject to inspection and audit
by City during the term of this Agreement and for a period of three (3) years
after expiration of this Agreement for the purpose of verifying Consultant's
performance as well as the thoroughness and accuracy of the reports submitted
hereunder. Records of Consultant shall be provided to City and/or made
available for inspection and audit within three (3) working days following a
written request by City.
E. Consultant shall design and use a business report that describes any and all
progress made in the categories listed in Section 1 noted above. This report
shall focus on and emphasize those activities listed in Section 1 where work
efforts and partnerships have produced results in the form of enhanced city
sales tax revenue Consultant shall substantiate the information contained in
the report Such report shall be provided to City on a quarterly basis at the time
of submitting the quarterly reports required in Section 3(8) of this Agreement.
ROLL CALL VOTE
NOTES C1
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ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER EVANS
COUNCILMEMBER BARKER
VICE MAYOR DIETZ
COUNCILMEMBER WALDRON
COUNCILMEMBER SERDY
COUNCILMEMBER WILSON
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 9
�, I MOVE THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
APACHE JUNCTION AND APACHE JUNCTION CHAMBER OF COMMERCE FOR
OPERATION OF A LOCAL VISITOR INFORMATION CENTER BE EXTENDED FOR AN
ADDITIONAL THREE YEARS IN THE AMOUNT OF $36,000.00 PER SEAR, THAT THE
CITY ADD FUNDING FOR THE VISIT SUNNY AZ MARKETING CONSORTIUM IN THE
AMOUNT OF $5,000.00 PER YEAR CONTINGENT ON THE AVAILABITY OF FUNDS
AND CITY COUNCIL APPROVAL DURING THE ANNUAL BUDGET ADOPTION
PROCESS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE
AGREEMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY.
ROLL CALL VOTE
NOTES:
/\\V
ITEM # V MEETING OF 1117(
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER WALDRON ✓
COUNCILMEMBER EVANS _
COUNCILMEMBER SERDY �4
COUNCILMEMBER BARKER
COUNCILMEMBER WILSON Y
VICE MAYOR DIETZ 1
MAYOf INSACACO.
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 10-11
I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00
P M BE HELD ON MONDAY, JULY 16, 2012, IN THE CITY COUNCIL CONFERENCE
ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND
THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, JULY 17, 2012
IN THE CITY COUNCIL CONFERENCE ROOM
097
ADJOURNMENT:
I MOVE THAT THE MEETING BE ADJOURNED AT P M