The URL can be used to link to this page

Home My WebLink About2015 07.07 City Council Regular Agenda AIN Ob. �.� Meetinglocation ej";'4:±4 T City of Apache Junction, ArizonaCity Council Chambers . C, at City Hall 300 E Superstition Blvd Aelf ti Agenda Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,July 7,2015 7.00 PM City Council Chambers Adak A CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. Consideration of acceptance of agenda 2. Consideration for approval of minutes of special meeting of June 15, 2015 3. Consideration for approval of minutes of regular meeting of June 16, 2015 4 Consideration of approval of the Greater Phoenix Economic Council (GPEC) contract for economic development services in the amount of$21,609 00, and appointment of a member of the council as the City of Apache Junction representative to the GPEC Board of Directors 5. Consideration of approval of the city of Apache Junction Communications Plan 6. Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for Fiscal Year 2014-2015 City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 „o . City Council Meeting Agenda July 7,2015 7. Consideration of award of contract to Ace Asphalt for the street maintenance crack-seal work in various locations in partial fulfillment of the Fiscal Year 2015-2016 Street Maintenance Plan. The work would be through Mohave cooperative contract #14Y-ACE-0317 for a total not to exeed the amount of $248,798 06 Consideration and action Ink 8 Ratification of clerical correction for the payment amount in Section 16 of the Separation Agreement between City of Apache Junction and George R Hoffman approved by council on June 16, 2015 9. Consideration of Resolution No 15-19, formally expressing the mayor and city council's commitment to advance diversity in the organization and community 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 10. Presentation of a check to Mayor John S lnsalaco, Chief of Police Thomas E Kelly and Superstition Fire and Medical District Chief Paul Bourgeois by representatives of the Superstition Horsemen's Association, East Valley Back Country Horseman, the Crazy Horse Saddle Shop and the Apache Junction Mounted Rangers. 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 /'t substance, time and location G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clanfication inquiries 11. City manager's report. 12. Presentation and discussion by staff on the Arizona Department of Tourism's Governor's Tourism Award for Special Events- Rural City of Apache Junction,Arizona Page 2 Printed on 6/29/2015 City Council Meeting Agenda July 7,2015 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 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 wntten request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 13 Presentation, discussion and consideration of proposed Resolution No 15-25, Committing Local Funds as Leverage for Fiscal Year 2015 Community Development Block Grant and State Special Project Applications in the amount of$117,779 00 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 14. Selection of date, time and location for a joint meeting of common community interests between the City of Apache Junction City Council and Town of Queen Creek Town Council 15 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, July 20, 2015 16 Executive Session at 5 45 P M and Work Session at 7 00 P M will be held on Tuesday, July 21, 2015 Other meetings if necessary City of Apache Junction,Arizona Page 3 Printed on 6/29/2015 City Council Meeting Agenda July 7,2015 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authonzed to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker; 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095 City of Apache Junction,Arizona Page 4 Printed on 6/29/2015 CITY COUNCIL SPECIAL MEETING JUNE 15, 2015 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on June 15, 2015, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. ROLL CALL Councilmembers Present. Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi 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 Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Services Director Larry Kirch Human Resources Director Liz Riley Assistant to the City Manager Matt Busby SPECIAL MEETING OF THE CITY COUNCIL JUNE 15, 2015 PAGE 1 OF 4 Others Present: Presiding Magistrate James Hazel Public Works Manager Shane Kiesow Captain Arnold Freeman Economic Development Specialist E' lan Vallender CONSIDERATION OF PROPOSED RESOLUTION NO. 15-15, ADOPTION OF emN FINAL BUDGET FOR FISCAL YEAR 2015- 2016 Assistant City Manager Bryant Powell briefed the council on the item Vice Mayor Barker commented staff has very diligently gone over line by line with every member of this council In the public meetings they have gone over other things that other council members have brought up during the one-on-one sessions . The council has gone through this very thoroughly and the public has had the opportunity to do same online and at the public meetings . She thanked the staff who worked very hard to see to it that this is a balanced budget Mayor Insalaco agreed and called for a motion. City Clerk Kathleen Connelly stated this is a public hearing. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for a motion. 0.41 Vice Mayor Barker MOVED THAT RESOLUTION NO 15-15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, AND ENDING JUNE 30, 2016, DECLARING ESTABLISHMENT OF THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2015-2016, AND DECLARING AN EMERGENCY; AND SPECIAL MEETING OF THE CITY COUNCIL JUNE 15, 2015 PAGE 2 OF 4 ON ON I FURTHER MOVE THAT ANY JULY PAY ADJUSTMENTS INCLUDED WITH THE ADOPTION OF THE FISCAL YEAR 2015-2016 FINAL BUDGET AND DONE IN CONJUNCTION WITH THE CITY OF APACHE JUNCTION CLASSIFICATION PLAN FOR FISCAL YEAR 2015-2016, THE CITY OF APACHE JUNCTION CIVILIAN COMPENSATION PLAN FOR FISCAL YEAR 2015-2016 OR THE CITY OF APACHE JUNCTION SWORN AND RECRUIT COMPENSATION PLAN FOR FISCAL YEAR 2015-2016, AS ADOPTED BY RESOLUTION NO. 15-14 ON MAY 18, ^ 2015, SHALL BECOME EFFECTIVE BEGINNING THE FIRST DAY OF THE FIRST FULL PAY PERIOD IN JULY 2015, BE APPROVED. Councilmember Waldron SECONDED THE MOTION VOTE: Unanimous. The motion carried. ADJOURNMENT Mayor Insalaco adjourned the special meeting at 7 : 05 p m. ACCEPTED THIS 7TH DAY OF JULY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF JULY, 2015 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JUNE 15, 2015 PAGE 3 OF 4 ems emN CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 15th day of June, 2015. I further certify that the meeting was /, duly called and held and that a quorum was present Dated this 16th day of June, 2015 KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JUNE 15, 2015 PAGE 4 OF 4 CITY COUNCIL REGULAR MEETING JUNE 16, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 16, 2015, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p m INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Rizzi led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson OIN Staff Present . City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Finance Director Donna Meinerts City Engineer Emile Schmid Development Services Director Larry Kirch REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 1 OF 14 /0N Assistant to the City Manager Matt Busby Others Present . Senior Planner Rudy Esquivias Assistant City Attorney/City Prosecutor Eric Yuva Senior Mechanic Keith Bedwell Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 15-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING EXECUTION AND ADOPTION OF THE SECOND AMENDMENT TO THE CITY OF APACHE JUNCTION EMPLOYEE FLEXIBLE BENEFIT PLAN, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE SEPARATION AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND CITY MANAGER GEORGE HOFFMAN, EFFECTIVE JUNE 30, 2015; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE APPOINTMENT OF BRYANT POWELL FOR THE POSITION OF CITY MANAGER, EFFECTIVE JULY 1, 2015, THAT APPROVAL BE GIVEN FOR THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BRYANT POWELL, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND ON THAT RESOLUTION NO. 15-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR ANIMAL CONTROL SERVICES, BE APPROVED Councilmember Rizzi SECONDED THE MOTION. VOTE. Unanimous REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 2 OF 14 0 1 OmN The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Public Works Director Giao Pham presented Senior Mechanic Keith Bedwell with his 35 Year Service Award, a certificate of thanks, forty hours of vacation, a check, a challenge point from the police department and a special clock recognizing his efforts . OIN CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented he had members of his family in attendance tonight and thanked the city manager, the department heads and staff for their advice and assistance. There will be something done for the city manager' s retirement on July 21 . He announced the dignitaries in attendance. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented he and Councilmember Rizzi attended the East Valley Partnership meeting last Tuesday regarding keeping water flowing. They learned how the state manages water and that less water is used today than in the 1950s . Councilmember Wilson commented he and other council members attended the school board meeting last Tuesday. He understands their position and expressed his support for another override election. Councilmember Serdy commented it is Little League tournament I'1 season. Apache Junction' s 9- and 10-year-old team won its first game. If they win 2 of 3 in the round robin format they go on to the state. He hopes to report they are still winning at the next meeting. Mayor Insalaco commented today at Phoenix-Mesa Gateway Airport this morning they have a new airline coming in named Elite. It will start out with one flight to San Diego three times a week twice a day. It will start in September. There are a few holes where Allegiant and Southwest do not fly so they are trying to fill those empty spaces where people need to get to. The next phase will be Salt Lake City to be possibly followed by Seattle. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 3 OF 14 eS PUBLIC HEARINGS APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR JULY 25, 2015 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Cindy Pierson, Apache Junction Elks Lodge, addressed the council. She stated this is an annual event for them. This year they are going bigger than they have before. The proceeds will go to the youth charities which will benefit 4-H. They are buying their show animals at the county fair. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR JULY 25, 2015, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDEDeiN THE MOTION VOTE: Unanimous. The motion carried. ORDINANCE NO. 1417, CASE PZ-1-15, CITY-INITATED CORRECTIVE REZONING FOR APACHE JUNCTION MOBILE HOME PARK FROM RECREATIONAL VEHICLE PARK TO MANUFACTURED HOME PARK REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 4 OF 14 /1% Senior Planner Rudy Esquivias introduced Planning Intern Ryan McCann to give the briefing on the item. Planning Intern Ryan McCann gave the briefing to the council on the item Vice Mayor Barker asked why OIN there was an opposing vote Planning Intern Ryan McCann stated it came from a commissioner that thought it would be a good time to update their site plan and bring them back into a working order This property dates back to 1957 before the area was a city. There is a stipulation that states moving forward they will have to abide by the current code. Little by little as people come in, they will be bringing new, manufactured homes Vice Mayor Barker commented they will be brought up through attrition. Planning Intern Ryan McCann stated that is correct . Councilmember Evans commented this property just sold and closed. She asked if the new owners are aware of the change in zoning. Planning Intern Ryan McCann emN stated they are. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for any further discussion There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1417 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 5 OF 14 eIN /1 Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO 1417, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE. Unanimous . The motion carried. RESOLUTION NO. 15-22, DECLARING 2015 AMENDMENTS TO CITY CODE CHAPTER 4, ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE A PUBLIC RECORD/ORDINANCE NO. 1415, ADOPTING BY REFERENCE 2015 AMENDMENTS TO CITY CODE CHAPTER 4, ARTICLE 4-1 PARKS AND RECREATION FEES Recreation Superintendent Liz Langenbach briefed the council on the items Mayor Insalaco opened the public hearing on the items . There being no one wishing to speak, he closed the public hearings and reopened the items to council discussion. There being no further discussion, he called for a motion Vice Mayor Barker MVOED THAT RESOLUTION NO. 15-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 6 OF 14 CHAPTER 4 FEES, ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous The motion carried. Assistant City Manager Bryant Powell thanked Jeff Bell and Liz Langenbach for their work on this, as well as the work on this by the parks and recreation commission. Sometimes it takes a long time to make these kinds of changes He appreciates their input. Mayor Insalaco called for a motion on the ordinance. Councilmember Waldron MOVED THAT ORDINANCE NO. 1415 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1415, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 7 OF 14 eS The motion carried. ORDINANCE NO. 1416, AMENDING CITY CODE CHAPTER 4, ARTICLE 4-3 ANIMAL CONTROL FEES SCHEDULE/ RESOLUTION NO. 15-10, DECLARING AMENDMENTS TO CITY CODE CHAPTER 6 ANIMALS/ORDINANCE NO. 1414, emak REPEALING AND ADOPTING A NEW CITY CODE CHAPTER 6 ANIMALS Captain Arnold Freeman briefed the council on the items . City Attorney Joel Stern stated before the meeting they were given the amendments from last night on two separate handouts. Captain Arnold Freeman briefed the council on the amendments . Councilmember Wilson asked if they would have to include the changes in the motion or has it already been amended. City Attorney Joel Stern stated if they like the change as presented it would have to be included in the motion. Mayor Insalaco opened the public hearing on the items . There being no one wishing to speak, he closed the public hearing and reopened the items toeiN council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1416 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 8 OF 14 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1416, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED TO INCLUDE THE CHANGES PRESENTED TO THAT ORDINANCE. OIN Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous The motion carried. Mayor Insalaco called for a motion on item 14 . Councilmember Waldron MOVED THAT RESOLUTION NO. 15-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 6 ANIMALS; AND ESTABLISHING AN EFFECTIVE DATE, BE APPROVED Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . Olmki The motion carried. Mayor Insalaco called for a motion on item 15 . Vice Mayor Barker MOVED THAT ORDINANCE NO. 1414 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Rizzi SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 9 OF 14 I ms VOTE: Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only Vice Mayor Barker MOVED THAT Y e"s ORDINANCE NO. 1414, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED AND INCLUDE THE CHANGES THAT WERE PRESENTED TO US TONIGHT. Councilmember Wilson SECONDED THE MOTION VOTE: Unanimous. The motion carried. Councilmember Wilson thanked everyone for putting this together. OLD BUSINESS None. NEW BUSINESS INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF REVENUE FOR THE UNIFORM ADMINISTRATION OF THEemIN TRANSACTION PRIVILEGE (SALES) TAX AS REQUIRED BY A.R. S. TITLE 42, SECTION 6001 City Clerk Kathleen Connelly briefed the council on the item. Councilmember Waldron asked what would happen if they do not adopt this . City Attorney Joel Stern stated if they do not adopt this they will catch some flak from the state. He already has . There was a similar agreement he REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 10 OF 14 ON started changing. The assistant attorney general was quite miffed when he received it. This is the one that was passed back in December. She said they would not accept the changes . There was a group that got together and they all agreed on the changes so his changes did not mean anything. She was misinformed. She was advised that city attorneys had been advised of all the changes Some were, but not very many There was a group but it did not include all attorneys. It /', included maybe a handful, and he was not one of them. She kind of apologized and stated they would accept the current agreement for now but if they do not do it, they may not get their taxes . That is the bottom line. Legally he is not sure they can really do that but he does not know if he wants to challenge that. He would not want to be on the side of not having a general fund. He does not think Mr. Powell would appreciate that. Mayor Insalaco commented he does not so as he is gritting his teeth. City Attorney Joel Stern stated he recommends they pass this tonight He was told just sign it, do not change anything. Vice Mayor Barker commented it is a shame as they do not have any guarantee the city will get its taxes back anyway. City Attorney Joel Stern stated there is no guarantee about anything regarding taxes from the state. /sN Councilmember Waldron commented the state does not like the federal mandates coming down like that yet they turn around and do the same thing to the cities. Vice Mayor Barker commented they certainly enjoy doing it City Attorney Joel Stern stated there is a hole in the statute that lets them take some of the city' s taxes in kind of like a lien situation. It is not just or fair. It should be fixed in the next legislative REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 11 OF 14 session, although is not sure that is going to happen because he does not think the legislature really cares. Vice Mayor Barker commented not unless it is a group action suit. Mayor Insalaco commented they are ruining their own cities . Vice Mayor Barker commented all cities in the state ought to get together and do something about this Mayor Insalaco closed the discussion with no further comments and called for a motion Councilmember Waldron MOVED THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF REVENUE FOR THE UNIFORM ADMINISTRATION OF THE TRANSACTION PRIVELEGE (SALES) TAX AS REQUIRED BY A. R.S. TITLE 42, SECTION 6001, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried eS DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 . 45 P M AND A WORK SESSION AT 7. 00 P M. BE HELD ON MONDAY, JULY 6, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 12 OF 14 ON AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, JULY 7, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION VOTE• Unanimous . The motion carried CALL TO THE PUBLIC None ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 43 p.m. Consent Agenda Items are as follows : 1 . Consideration of acceptance of agenda . 2 . Consideration of approval of minutes of regular meeting of June 2, 2015 . 3 . Consideration of Resolution No. 15-24, authorizing execution and adoption of the second amendment to the City of Apache Junction Flexible Benefit Plan. 4 . Consideration and approval of a separation agreement between City Manager George Hoffman and the City of Apache Junction. 5. Consideration of appointment of Bryant Powell as city manager and approval of employment agreement between the City of Apache Junction and Bryant Powell . 6. Consideration of approval of Resolution No 15-23, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Pinal County for animal control services ACCEPTED THIS 7TH DAY OF JULY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 13 OF 14 SIGNED AND ATTESTED TO THIS 7TH DAY OF JULY, 2015 . 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 16th day of June, 2015 I further certify that the meeting was duly called and held and that a quorum was present . Dated this 29th day of June, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 2015 PAGE 14 OF 14 4 City of Apache Junction, Arizona 300E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 • Agenda Item No.4. File ID: 15-229 Sponsor.Janine Solley Agenda Date.7/7/2015 Index. Economic Development In Control.City Council Meeting Agok Consideration of approval of the Greater Phoenix Economic Council (GPEC) contract for economic development services in the amount of$21,609 00, and appointment of a member of the council as the City of Apache Junction representative to the GPEC Board of Directors The City of Apache Junction became a member community of GPEC in 2007 GPEC's mission is to attract quality businesses to the Greater Phoenix region from around the world, and advocate and champion foundational efforts to improve the region's competitiveness GPEC provides in-depth market data and analysis, site-selection services, and connections to Arizona's key leaders and companies Renewal of the contract will allow GPEC to continue to provide these economic development services to the city for the period of July 1, 2015 through June 30, 2016 Staff respectfully requests council approve this item Attachments. City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 a cALHt;d P ' 4 t$, }i p \ti City of.Apache Junction .,.: :- i \\,....... QRrzoNo Economic Deveoopment Department DATE June 22, 2015 MEMORANDUM TO The Honorable Mayor& City Councilmembers MEMORANDUM THRU Bryant Powell, Assistant City Manager MEMORANDUM FROM Janine Solley, Economic Development Administrator SUBJECT GPEC contract Renewal FY15/16 As you heard at your June 15, 2015 Work Session, Apache Junction joined the Greater Phoenix Economic Council (GPEC) in 2007 and we have benefited from a number of services the organization provides its community members These include, access to a staff research section, an annual multi-million dollar marketing campaign and direct marketing to site selection consultants and target industry prospect, as well as the traditional qualified 'lead generation' and prospect management activity In this past fiscal year, GPEC continued their REIT/Developer strategy to assist communities with limited existing inventory, continued to provide educational and industry intelligence opportunities through their Ambassador program, and remain committed to advocating for sound economic development practices in the State of ,^ Arizona AJ-GPEC 'Return-On-Investment' calculates an 11.1 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 $21,609.00 (based on $0 5752 per capita for Pinal County population of 37,339, and $0 4397 per capita for Maricopa County population of 300) Staff once again respectfully recommends approval. Staff also respectfully requests someone from the City Council be appointed as Apache Junction's representative on the GPEC Board of Directors Voice (480)982-8002 Fax(480) 982-7018 TDD(480)983-0095 www awcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION 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, 2015 -June 30, 2016 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 private allies and resources to locate qualified prospects, improve overall competitiveness,and sustain organizational vitality C. RETENTION AND EXPANSION POLICY: l GPEC's primary role is developing the Greater Phoenix region's market intelligence strategy for high wage,base industry clusters in coordination with representatives of GPEC member communities 2 Retention and expansion of existing businesses within GPEC member communities is pnmanly a local issue 3 GPEC will support its member communities' efforts to retain and expand existing businesses through coordinating regional support and providing research on key retention and expansion projects 4. GPEC will advise its member communities when an existing company contacts GPEC regardmg a retention or expansion issue, subject to any legal or contractual non-disclosure obligations 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 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 Page 1 of 11 Plan which will materially affect or alter the priorities established therein Such notification will be in 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 m the GPEC Action Plan as required by a result of changing market conditions,funding 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 prior 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 on the 15`h of each month to the City discussing in detail its progress in 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, 2015. 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 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 City When available,the City agrees to provide its response in the format developed jointly by EDDT and GPEC 2 The City shall provide appropriate local hospitality,tours and briefings for prospects visiting sites m 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 Page 2 of 11 /^ shared data systems,land and building data bases and pnvate 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 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 recognizes GPEC as a regional economic development organization for marketing the Greater Phoenix region Nothing in this agreement however prohibits the City from contracting with other regional economic development marketing providers for similar services. 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 eiN B COMPENSATION 1 The City agrees to pay$21,609.00 for services to be provided by GPEC pursuant to the Agreement during the fiscal year ending on June 30,2016,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 $0 4397 per capita applied to that portion of the City's population within Mancopa County,based upon the 2014 Office of Employment and Population Statistics,Arizona Department of Administration population estimate,which listed the City as having a population of 37,339 m Pmal County and 300 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 in accordance with the increases or decreases of general application in the per capita payments to GPEC by other municipalities which support GPEC. Page 3 of 11 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 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 31,2015,no payments shall be made hereunder until the City receives the audit report and is provided at least a 30 calendar day review and approval period 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 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 2015-2016 2 The parties acknowledge that GPEC is a cooperative organization effort among GPEC and its member communities. Accordingly,the City and GPEC covenant and agree to work together in a productive and harmonious manner,to cooperate in furthering GPEC's goals for the 2015-2016 fiscal year The City and GPEC further covenant and agree to comply with the Regional Cooperation Protocol, attached hereto as Exhibit F,in all material respects 3. The City agrees to work with GPEC,as necessary or appropnate,to revise the performance measures,and/or benchmarks,and/or goals for the FY 2016-2017 contract 4. The City agrees to work with GPEC during the FY2015-2016 program year to develop a revised public sector funding plan,including a regional allocation formula for FY2016-2017,if determined to be necessary or appropriate 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 acknowledges that no payment shall be made to any contractor as long as there is any outstanding obligation due to the City, and any such obligation shall be offset against payment due to GPEC Page 4of11 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 have no effect D. INDEPENDENT CONTRACTOR;No AGENCY*Nothing contained m 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 right to control GPEC only msofar as to the results of GPEC's services rendered pursuant to this Agreement GPEC shall have no authonty,express or implied,to act on behalf of City in any capacity whatsoever as an agent GPEC shall have no authonty,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 arising from or attributable 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 Any party entitled to indemnity shall notify GPEC in wnting 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 arise from or in connection with this Agreement by GPEC,its agents,representatives,employees or contractors,in accordance with the Insurance Requirements set forth in 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 nght 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 Page 5of11 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 cruitment or recruitment advertising,layoff or tennmation,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 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 orientation, national ongm,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 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 during 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 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-Venfy 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 matenal 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 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 Page 6 of 11 subconsultants establish that they have complied with the employment venfication provisions prescribed by 8 USCA§ 1324(a)and(b)of the Federal Immigration and Nationality Act and the e-verify requirements prescnbed 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 Agreement As used in this Section I"services"are defined as furnishing labor,time or effort in the State of Arizona 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 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 written 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 penod 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 federal,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 Pmal, 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 arising under any Agreement to be awarded hereunder or out of the proposals herein called for,which cannot be administratively resolved,shall be tried 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 Anzona,Pinal County N. CONTINUATION DURING DISPUTES. GPEC agrees that,notwithstanding the existence of any dispute between the parties,each party shall continue to perform the obligations Page 7 of 11 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 thi s 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) business days after the notice is deposited in the United States mail addressed as follow:, If to City Bryant Powell Assistant City Manager City of Apache Junction 300 East Superstition Boulevard Apache Junction,AZ 85119 Phone. (480)474-5092 Fax (480)474-5110 If to GPEC Chris Camacho 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 SEVERABILITY. City and Consultant each believe that the execution,delivery and performance of this Agreement are in compliance with all applicable laws. However,in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law,regulation,or City Code),such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect,provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date)provide essentially Page 8 of 11 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 T. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. U 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 V 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 ten(10)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 Exhibit F—Regional Cooperation Protocol 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 Except as otherwise expressly provided in this Agreement,any failure or delay by any party in asserting any of its nghts or remedies as to any default,will not operate as a waiver of any default,or of any such rights or remedies,or depnve 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 rights or remedies 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 [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 9 of 11 IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of , 2015 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 STATE OF ARIZONA ) ) ss COUNTY OF Pinal ) On this day of , 2015, before me, the undersigned Notary Public, personally appeared , who acknowledged himself to be the of , an Anzona corporation, that he, as such officer, being authonzed so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer In witness whereof, I hereunto set my hand and official seal Notary Public My commission expires Page 10 of!! GREATER PHOENIX ECONOMIC COUNCIL, an Arizona nonprofit corporation By Chris Camacho, President&Chief Executive Officer STATE OF ARIZONA ) ) ss P'1 COUNTY OF MARICOPA ) On this day of , 2015, before me,the undersigned Notary Public,personally appeared , who acknowledged himself to be the of , an Arizona corporation, that he, as such officer,being authonzed so to do, executed the foregoing instrument for the purposes therein contained,by signing the name of the corporation by himself as such officer In witness whereof, I hereunto set my hand and official seal Notary Public My commission expires Page 11 of!! ........ ... =la MI , 7--— -- -- - -----. _. . .._,...... „.„ , , . • . .. - - . - - - - - ... ± : - , 4 :---;."-- - -- -77.1,- :-.4.,--- ---1--',.."-- •,..,; - sal 1... • 1 so;... MI:(iir '. L-7- ... ; -...--- ... . .-5-- - . .... IMIlf. nnn . # ' ± • ...''---• ...'" -----. .._ 0. .,f .„, .:-'t-f -1-, . 1----v---L __'_!---.. ,-4:_---1 ' .- . .„.44i-.3,4, 4",!iK44',, . , -........ +----4 ---• (:: ------3-f- L,_______j • -L ,--.._______, .40410 - - t 7_4- I * tiTh, -2-- -- 40-1. ;7----, -r . . ---_= r 11 IIIII ----I-=3 11%. on wi, ... ++ sri _ _ ....+ ..1=-_-_1 ... •i•lrl. + 1 1011(li •••••^ UN ,, •. _ --._,,, O111111r" • ....:---1 IMMI-t-, ECIIIIV ----.4. r--- — arwi . -Igo.. . ±=±------- -..- E--i---r_ 9 „Awe, , _ `1511 Al illi ma No7 •.--- .__.,. ii. ow N. or ....1_ ;__' _ '1,-'-'7‘.7--- .... E.-- "".n.IIRIA'"Il.. _•r_ --11' ` 1.111 ...-±...----__- ma --- ;:im=-, r- aw ___ --- - r."'.-.1: --a- 4MEIV ' ' .. suramm 1" - TO W,_ - :-• ,..i.r....-. r r-Mii=lt ', 'Si, - V/. V ‘\ 1 ...\ . ...... _ _ _ + A \A 0,Apto _ _ E IS It - .....-.W._.....--•""- r------'; ":„,2_, um funeff % r,-, kCil _-___ - - ....._._ ±,..,--on - 4-2- ---',----- • .r.4,... ';•-• ay.* —--' • -- - - .-„I . . ' ,,"‘:-...........ar-Allorm: . .- ' im NE mer 111117, _ _____--2- or au ___ _ .. 9- __ 1.00 ....._ .'.'"InIlllmerr _4-_,. — — .,_ — - . - _ ------ ....4.__ _-__:_-_-_-. — — + _-_,,, '1,,- ,.......1'!"".. _7-. '--:--L-_7-' r - ma ma -.. .--..4.--4--- .,. -- r _,..4 -- ow _..------ _ _ i,_ _.....er ..,. -Jar' i""3"4--"' ',71„:;_, --4. -1141.1.1+- or _ ___ ;., I . --=_ ism - _-7, :7,-+ -. -÷,— .4. ....4....-- -••• •• -,-- +141.= -- F7----Mailt.,-L.7---- iiMe:,- ,- --- -_. - :411"ir - - -7.'1', -- -.--:-- . ---.----.- IMMO --- . --L. . ..4.1.0. _ ...... ,— - Mil_.f.tf::Is-1- IIIMPWA- - „oink - -r:-7-i?111111._-. sali__OlIIMEMIII --'imiliglomou --_--.:-.. 174-___...,- ' .. - . 10.1.1 am. ,__ • ''. _ - — Arg, in Me ,..---L- - Malle"r--" :••E' : ' ME +4-7-_-....:_-r_. _ _ _ . ix...-i-,- =gale --lama ,_ umel ...„ air ma _T-_-- ,7-_--- -- -—PM.. --...— Astt4,4' m; la Ns _ . .._.t.___-. _ -4-- . :r. •• rat ma (41., ...4.--- . ._. . . . - - .T-, -wawirok' 4"1"--!LT-,--- ---- • '---- '-4.•_.,-, - -..„ __-..__ ---- -- gm.- f11.1"— . ,....... -.mum- - _ _ _ , '- - • '""------ -"~,,,:--,i•mr.----------. _ ...: _ .... . --7- - - - — -..-- '...!.- • - r +.7__,..„._. ......„. _ ...map .. _ _ _ ,.--• _ ,_. . plawsr."- ‘...., ... ..,..„I=. -- iameilli %I.:, ,,, ''-' ' NB INI 'n. NM MI - -,-- 434'.' .,.. .,-.. ' • "5, MI - 4, h 1.18st; __.......,__;;,<P160"=“;=- ,--,..i fiLL:: 7---)mar•st--"' , -. - • -rmika ...;.. 7 _ .=., ,,,...__. „._ : ....., _ - -- - - . - getV m, _ ,.....er--..... A """1"jijiiIiiiiii ' ..."' II' --- - 1.• OM 1..; ---- -'! ,-.__ - .risw;;;.-- •=,,Wark'''''''4!-Le: - - - -""' . '-'-'t 6,f - ... ,. ..._ _. : _ ......,-.: - , ''.."'""tr'. : - • ...". . :•7: .M MIK 11.1.1.KIC .....- • „...._,__ ,,,,, Greater Phoenix . —..-... ...., -.41"..4:---I,...„,. ,".I, 'i, -: --- • -4-,.. „4:7. ,..-- 4 - .....;-; __ ECONOMIC COUNCIL No t 4 -MI*--.....r.-..-11-_:- •------..,.....w. r ...... lat'-...--5,.. ..— _...",---. - . - . -OMR - - _=-7:.: -ALlibm= • r f -_- __" ice,. r. � �u sN ^�%�� fib` � '"� ''�' � ; � ar � ; �,� _ — {- ., ^� • ______ .. -, ,' r•-ra a ac.— ' ,e s:" s,T�3_:.`.' ems., .�s'a.r v =_Y. .as x.',- a„c+_ >"se. s `- t- ^" ' F 16 4 a r - r , ....=. _ . _ ,..,. _ . _ , + . .,,____. (______, _,,.„,„ ________ ..___..7. = ,_.........._, , _ , ____:T._ r______, .. ._, ,......._ . ... _ .___ ir ACT ON ,_., , _ , __ , ....... ___ _:=._. .. , . goy.- _ a f ,,_ __......... _______ _....._ PLAN r S` —al- IAi __M i aawr �4 GPEC MISSION wet* . ` - --= =- Attract quality businesses to the Greater Phoenix region _' —zz -� ,,- from around the world, and advocate and champion ;" -" L-7, foundational efforts to improve the region's competitiveness. �-.� EXECUTIVE SUIM VARY „," Through a true public-private partnership,the Greater Phoenix Economic Council (GPEC) continues to lead the nation as a best-in-class economic development organization The s '�""""` _ collaborative results of regionalism combined with cutting-edge analytics positions GPEC to engineer the future of the Greater Phoenix economy in unprecedented ways The launch of the , _, ,, ,, Competitiveness Council will bring new voices to the table to join the conversation in shaping the future economy In-depth market analysis and digital marketing tactics will shed light on - :e ,,Y the value and desirability of the market And sophisticated market intelligence will continue : y _ ti. r to highlight the region's strengths and promote our communities Going into fiscal year 2016, ...x _ .em a,y .v —Q---- GPEC's pipeline is stronger than ever, its marketing and communications efforts are elevating the — regional brand,and new leadership has invigorated the organization and the community with new 77:- direction and aspirational goals We are excited for the next era of GPEC,and invite you to join us ,� -.- as we architect the future of Greater Phoenix -,� -. g- . '-a- i, lit:. D r its ll E FOLL5WNE [-i,EL - -, -..+7.r 4 - FY15 MILESTONES FY16 ACTION ITEMS DRIVES THESE - 7_ Momentum gained in Sample of activities that FY16 METRICS ,, r; -, the last year—select adhere to a five-year vision Shows relationship achievements and key and result in progress between action items and benchmarks annual performance goals 2 FY 2016 ACTION PLAN ;. f - . ram= tea, r . STRATEGIC PILLARS As approved by GPEC's Board of Directors in FY11,these strategic pillars will guide the 'Fl", organization's fiscal year activities,and by 2016,lead to the following vision statements a • STRATEGIC PILLAR BY 2016 z Market Intelligence GPEC's market intelligence model will be best-in class • Next Generation GPEC will elevate Greater Phoenix as a leading center , ,/' of emerging technologies R GPEC will maintain its reputation as a credible, Attraction respectable and"go to"organization International GPEC's foreign direct investment approach will be a national best practice GPEC will successfully define Greater Phoenix as Regional Brand a region that is forward-thinking,innovative and business-friendly GPEC will be the nation's premier agency and leader GPEC Brand in the economic development realm In Arizona,GPEC will be the principal leadership organization Capital Markets/ GPEC will develop a science and technology-based Venture Formation fund that will drive regional innovation activity FY 2016 ACTION PLAN 3 ems.. ' tc xw 47, '4 4 -Y v� , _ sv r " � ,, a,a3 3,. a .�: :. ". se * s{ , ' ,� r w0 .. 4� ,,„ ,,,- • -- -..,1...� . - T F — .tom ;e �. e✓t 'seK r P ^ta ,} p ro g r � , .a=: ,.f ,. -''+ a yy yak SxT.: ; k,— 4. — a E4 t o _ t_trior y� fi' ' -.._ . mETRICS _l___:__ ,___ ._ __,..„,„..,„.att ,. rII =r -.-5 - . -r METRIC THRESHOLD TARGET STRETCH PAYROLL GENERATED $205 48 M $226 03 M $248.63 M ,,,10!"_`-_ _ i _ '. r -y NUMBER OF 4,794 5,273 5,801 t = JOBS =" _ ,...= . HIGH WAGE ---� _ 2,493 2,742 3,016 JOBS - AVERAGE - �'" _ ° = HIGH-WAGE $51 574 $57 304 $63,034 it _ r SALARY 254 QUALIFIED 210 231 _�. ` ,fi . PROSPECTS •• QUALIFIED - ill - _ -w..- INTERNATIONAL 37 41 45 . y PROSPECTS .;,,,,, . _ s yT. ;, a' X,, -,-- EMERGING 10 12 14 _,. TECH ASSISTS ..w. R..y;.=Jam_�-- ..i8s� ^.*.i s. --¢ REACH OF F"- EDITORIAL 275 M 302 M 332 M ` ; r } PLACEMENTS --- - _ - ,, .y,-••,,.�. . ,. "` . 4 FY 2016 ACTION PLAN 4 s .. tom ;-07*.5 , - , .. . BUDG . .... T .. - ,r am-t. ' . JULY 1,2015 -JUNE 30, 2016 '-'' REVENUES FY COST off,OF TOTAL FY 201E off,OF TOTAL FY 2015 $CHANGE CHANGE FORECAST BUDGET BUDGET Public Funds $2,244,000 40 9% $2,271,100 40 6% $2,246,500 $24.600 1 1 Y. Private Funds 2,400,000 43 7% 2,600,000 46 5% 2,550 000 50 000 2 0% New Pledge Revenue 225,000 4 1% 250,000 4 5% 250,000 - 0 0 In-Kind Pledges 59,000 1 1% 77,000 1 4% 59,400 17,600 29 6% Events&Programs 221,000 4 0% 150,000 2 7% 165,000 (15,000) (9 1%) Sponsorships 86 000 1 6% 25,000 0 4% 100,000 (75,000) (75 0%) Grant Income 250 000 4 6% 212,900 3 8% - 212,900 100 0% Other 7 000 0 1% 2,500 0 0% 3,300 (800) (24 2%) Total Revenues $5,492,000 100 0% $5,588,500 100 0% $5,374,200 $214,300 4 0% OPERATING EXPENDITURES , Business Development 419,000 8 2% 416,400 7 7% 434,200 (17,800) (4 1%) Marketing 209.000 4 1% 304,100 5 6% 258,500 45,600 17 6% Research&Strategy 265,000 5 2% 283,000 5 2% 265,100 17,900 6 8% . External Relations 84 000 1 6% 95,200 1 8% 94,400 800 0 8% Resource Management 200,000 3 9% 240,900 4 5% 199,700 41,200 20 6% Personnel 2,976,000 58 3% 3,230,400 59 9% 3,295,100 (64,700) (2 0%) Facilities 441,000 8 6% 454,900 8 4% 447,400 7,500 1 7% f't\: In-Kind 59,000 1 2% 77,000 1 4% 59,400 17,600 29 6% _- Events&Programs 251,000 3 6% 140,000 2 6% 205,000 (65,000) (31 7%) Total Operarting Expenditures 4,904 000 96 1% 5,241,900 97 2% 5,258,800 (16,900) -0 3% NON-OPERATING EXPENDITURES I Grant Expenses 200,000 3 9% 152,500 2 8% - 152,500 100 0% Total Expenses $5,104,000 100 0% $5,394,400 100 0% $5,258,800 $135,600 2 6% NetGain(Loss) $388,000 $194,100 $115,400 $78,700 R - Less Capital Expenditures (14,000) (95,000) (10,000) (85,000) Amortization of Deferred Rent (58,000) (63 600) (57,700) (5,900) Amortization of Capital Leases (15 000) (10,500) - (10,500) Add Depreciation 37,000 50,300 31,000 19,300 Changes from Operating Activities (358,000) 12,400 (6,600) 19,000 .o Net Cash Flows (20,000) 87,700 72 100 15,600 Beginning Cash 1,785,000 1,765,000 1,685,000 80,000 Ending Cash $1,765,000 $1,852,700 I I $1,751,100 I $95,600 FY 2016 ACTION PLAN 5 :1 aiNO,.... ../.......m...c m.............o.// ''nn.N..s.i.D../"""" t)- - . 1111154 — ` ` _ '7777 — _.:1.,,, ... . ' -.:7",,... ...a • ... . Nit. r , . , _ . _ . .,........... _... ., ._ , . . _ ,____,_ . : . ,____ . _._,... : ,.. .. ___ _ .,.. ....... . . _ _ , 4 1 {f • x- �� „. - 4111 ----Ak„ . �y :- .. - ''' , _. , - op.. .. . .. , .....4 r ,„ __EL ,..:. _ , _ , .. . ..... _ ...._ _ _ CREATE AND MAINTAIN HIGH-QUALITY JOBS AND INVESTMENT , through targeted, direct selling ` PROACTIVELY PURSUE THE BEST PROJECTS that meet community and regional objectives t - FY 15 M1LESTOES ÷-�_y... . _.„ .. .. „„,„„„,, „,,,::'Tirl....-7 ,,,,,,,,,.,tor', *3 SEEK INVESTMENT I HOST NATIONAL AND TO ACCELERATE DEVELOPMENT INTERNATIONAL ROAD SHOWS T' - -° - AND COMMUNITY PLANNING GPFC successfully hosted road shows in San _ -I-- Working together.CPFC's Fconenic Francisco,San Jose and Washington DC 4 Development Directors Team and the I ed by mayors and county supervisors GPFC - Community Building Consortium identified key convened keys executives to dcmcnstrate the r- assets in the region for investment prcnoticn investment and supply chain opportunities through a RFIT/developer task force GPFC s available in Greater Phocncx business development team targeted and + *' PLACE A RAZOR-SHARP FOCUS attended conferences with leaders m national �.� '��__= real estate and development Building ON CALIFORNIA r ` __ a network or development influencers The business development team led more - - -- GPEC integrated development executives- than twenty missions into California targeting - and capital managers into the standard high growth technology companies,advanced ##- ., ;,:7- sales mission process which includes site manufacturing operations and logistics users - . selection consultants tenant representative The sales missions were part of an aggressive brokers and corporate real estate executives strategy to bolster direct lead-generation promoting the assets of the region through engagement wan key multipliers and industry executives Galrfcrma expa isions remain a toj,so irce of prospects for GPEC 6 FY 2016 ACTION PLAN ,f-,: t .� FY 16 ACTION ITEMS ` s f ACTION ITEM -► IMPLEMENTATION PLAN ^ ............. ... . . . .... . . . . ............. . DRIVES THESE r J FY16 METRICS Accelerate California California continues to generate the majority of prospects As such, Technology,Corporate GPEC will target advanced manufacturing,distribution and technology Pipeline of qualified Headquarters and —♦ companies,as well as key multipliers,REITs,venture capitalists and corporate real estate executives in California,through strategic marketing prospects Manufacturing efforts and direct engagement with companies with California corporate Opportunities headquarters Pipeline of qualified • • • ••• ••••• •••••• international prospects Following the success of road shows in Silicon Valley,Vancouver,and San Total number of job:; Host National Francisco,GPEC will execute three missions with major events,to be led by created and International —► the region's mayors and Maricopa County Supervisors Supported by GPEC Road Shows investors,the organization will convene key executives and multipliers and Payroll generated demonstrate the regional value proposition to targeted industry leaders Average high-wage Following successful missions into Toronto,GPEC will expand its efforts in salary Expand FDI Activities the Ontario Province while evaluating additional opportunities in Eastern in Canada and Enhance Canada In addition,the UK is predicted to be the fastest growing economy Number of high wade Efforts in the United of the G7,and its economic growth,along with its strong financial services —♦ and technology sectors,make it an ideal target for FY16 efforts Both the jobs created Kingdom and Western UK and Western Europe will be approached through conferences and sales Europe and Support missions,leveraging U S-based relationships that have been built over the Stakeholder satisfaction Efforts in Mexico last two fiscal years GPEC will continue to support state and city's efforts to with business attraction strengthen relationships and commerce between Arizona and Mexico Last year,GPEC identified and began to profile the top 100 employers in SUPPORTS THESE Progress the Greater Phoenix region, not headquartered in Arizona This year,GPEC STRATEGIC PILLARS Corporate 100 —► will accelerate efforts to profile these companies and continue establishing Program relationships between local community leadership and companies'national Attraction .� leadership in order to mitigate potential contraction,as well as identify areas of opportunity for new growth and expansion International By expanding its visitation program with site selection consultants and Regional Brand Solidify Reputation multipliers(e g,law firms,financial institutions),GPEC will continue as Best-in-Class to solidify its reputation as a best-in-class economic development GPEC Brand Economic Development —► organization In addition,top site selection consultants will evaluate the Organization services provided by GPEC's business development team,including the use of advanced labor analytics and cost analysis tools,relative to other market leaders nationally FY 2016 ACTION PLAN 7 • °`c . 1..aa'>'t.. '. .. ',N,,,, A' Y - '.�;: _ Ewa — _ . .. ___ ,- "ram - ,':_, , COMPETITIVENESS _ __ .„....,:„.,,,,,,r.,.,.., ,, ::: _ V _ . 3 e erg: _�. "..;,.' �: GUIDE NEW, STRATEGIC BUSINESS OPPORTUNITIES through geographic and industry trend analyses .. '- 4-`�,..' EVALUATE TARGETED, SOUND ECONOMIC DEVELOPMENT PROGRAMS °� -r _ r - " that enhance regional and state competitiveness , .,. .,., .- ,.,. ,...___ .... :- FY 15 MILESTONES ._,.'''-'4-s-: ...,;--,-, -*:.-'..„ . r ` `'- sue ELAUNCH VELOCITY E CONVENE EXECUTIVE MISSION ,,,:,5. — c.; ..,; TO WASHINGTON D C z Velocity has launcned with an Interim Board . of Directors led by regional business and civic In May GF�FC led a mission of more than 50 -f- --x• ._ ;€ , leaders With guidance from the advisory executives,mayors and county supervisors . . -.- „,:_ committee,the Velocity Board began tie from around the state to Washington, DC M4 process of forming an independent 50l(c)3 fcr the organization's biennial mission to t, , ' and developing a communication strategy tic nation s capitol Focusing on workforce ` 4....3. .=-._' CJ EXECUTE GLOBAL CITIES INITIATIVE development entrepreneurship and _ innovations international investment a id '-. -- - :_---; Through participation In the Brookings Global trade and aerospac a and defense,GPEC met ='Y - Cities Initiative the regions export plan was with the states congressional delegation and _` `' created The plan will be operationalized influential leaders to discuss the region s _ ` _ with the assistance from the Arizona Small competitiveness Business Association Among the first -, steps in the implementation will be grant development and fundraising marketing and communicatio i and creation of Metro Pnoenix Export Alliance 8 FY 2016 ACTION PLAN • ' �,_ r • x .mac, .z°c�` x,Aa. >z,� , ��':t�,.qm Y ` '.y fi,� ,ri '' K 3 5 d +a•: ' �+ ..y. & 'd` 'rip r ar- - rz. ` .� •r e ,�x `tea ' `4s F 4 § S5y�"e 11- •il y,Liew mar ina (I) s DRIVES THESE FY 16 ACTION ITEMS FY16METRICS Pipeline ACTION ITEM --► IMPLEMENTATION PLAN prospec ects of qualified . pros Operationalize Executives of key regional industries will convene and use data analysis Average high-wage a Council on —/ and best practices to make policy recommendations that will lead to an salary Competitiveness improvement in the region's competitive position • • Emerging technology GPEC will continue to evolve the Community Partnership Program, assists Elevate Community broadening the scope to holistic economic development approaches In FY16, Partnership Program --0 GPEC will work closely with the economic development directors and civic Competitive positior leadership,engaging and reinforcing regionalism as an effective framework progress for achieving economic prosperity for all communities GPEC will look to the density of economic activity in the region,with the aim SUPPORTS THESE of analyzing current concentrations and existing assets to profile"High- STRATEGIC PILLARS =_ Launch High Impact —I Impact Districts"and their surrounding areas GPEC will collaborate with Districts Strategy MAG and communities on data analytics,which will support marketing, Market Intelligence strategic planning and policy development around growing these districts • "' • • Next Generation GPEC will build on the proven market intelligence model,which focuses on expanding industry analysis and the Corporate 100 program Update Attraction Perfect Market the aerospace and defense analysis and assess the continuing impact of Intelligence Platform sequestration on the industry GPEC will formalize its market intelligence International strategy as a regional business retention and expansion model in collaboration with the chambers and other organizations Regional Brand GPEC will continue to engage and support successful implementation of GPEC Brand Support Velocity --/ Velocity,which includes operations and governance,the launch of early- Implementation stage projects,and communications and outreach Capital Markets/ Venture Formation r FY 2016 ACTION PLAN 9 f Yy Y: _ 'Yxa;i. -.. R : ---- !M11! �—.s:a : MARKETING & a'�u " .._ 4 4— N , „i,....„, m uN c . 1 • ...,.. �... • ,. , _..! .__ _. ......„.. .. .. - MARKET AND PROMOTE THE REGION'S STRENGTHS AND ASSETS - ` _ in new markets using non-traditional tools CONTINUE TO POSITION GPEC AS A RELIABLE RESOURCE for stakeholders,policy-makers,citizens and media on key economic development issues FY 15 MILESTONES "V '-`' - RiTARGETED LEAD—GENERATION ti'1SUPPORT SUPER BOWL XLIX -. ~ ; '.s ' FOR BUSINESS DEVELOPMENT _ L-�-• Targeting the C Suite of glcbal companies, A beta test of a digital lead gen campaign GPFC supported the Super Bowl Host "# *. was executed allowing GPFC to analyse the Committee and Arizona Commerce Autnority behavior of leads to determine what they are to host 60 top executives to the region during a . trying to identify how they search and their Super Bowl XI IX The four day program • preferred method cf interaction The results showcased business innovation and lifestyle q> ' • led to new leads,prospects and locates A opportunities that exist in Greater Phoenix = E California microsite plan was developed and and facilitated dialogue among the region's will be launched in FY16 CFOs and community leaders with key - x`-_ • executives from major brand enterprises — PROMOTE COUNTY COMPETES Partnering with Maricopa County GPEC --et ", developed a content-specific marketing F �� presence to raise awareness among clients on #= the County's proactive and rapid willingness - _ to meet business needs The website is being -- , marketed to site selections consultants,Key industry executives and serves as a resource for active SPEC clients 10 FY 2016 ACTION PLAN .m..ir a' cr ?' "'.. .sv R� • "" w[ �` �e x-m`�' ✓ ^c "� �`t i ., �� r"1` i� $ �.� - -• , ` a ✓ � -, P'��'' s4'r' ,c ,cY rya f �, - '� 011 s s E FY 16 ACTION ITEMS ACTION ITEM -► IMPLEMENTATION PLAN GPEC will use strategically-created content and messaging to elevate the Create a Microsite __♦ regional brand in California markets.Content will influence prospects at key DRIVES THESE for California points in their expansion plans,ultimately fueling leads into GPEC's pipeline FY16 METRICS and directing them to our California microsite with highly-targeted content Pipeline of qualified GPEC will host leading print and broadcast media,inviting them to tour prospects Host In bound the Greater Phoenix region The purpose of these tours will be to showcase National Media Tour the pro-business climate that exists in Arizona,as well as to promote the Pipeline of internatioial community vibrancy,diversity and economic character of GPEC's member prospects communities • Total reach of editorial GPEC will develop regular content on economic development and related placements Scale Digital industry topics through various social media platforms The content will Media Strategy be further disseminated through digital ambassadors to promote GPEC SUPPORTS THESI_ as a thought leader in economic development The strategy is designed to STRATEGIC PILLI,RS dramatically extend GPEC's media reach . . .... ... ...... Attraction GPEC will create a digital warehouse of GPEC collateral and data to better Construct a facilitate business development efforts The repository will serve as an Regional Brand Digital Warehouse evolving library to ensure that marketing materials and other key information are current,and easily accessible from any device GPEC Brand The design and content of GPEC's website will be updated to better Enhance GPEC's showcase the organization's advanced analytics capabilities and the region's Website with overall value proposition The site will be more responsive,take advantage Smart Integration of user-experience best practices and interface with an enhanced customer relationship management software,allowing the organization to better identify and track leads for business attraction FY 2016 ACTION PLAN 11 <. • ?Y ` / ter' I ^+.d..m,%. 4,,+z - .P n "M -t . a..zm.il:,w,41,._ICY ._4- "-I ' ' STAKEHoLDER =. 2 P'�5NY5Yt' /�-'i ce ./'T' f r -Yr kAf-S. tfnPF + Rh'g K r. ENGAGEMENT J Fl _ ......_ _ ,....... . . _ . ,,, .... . ,-;,..-„,, „...-,,. - _,.......„....-..- „, .. _ .,.. , _ t7:',.. _.,,limeimin,..,1----p--, _ � 4. LEADERSHIP COUNCILS ._� -- .�- ' t { " ADVISORY GRaUPS ,..-,..„73,4,_, ,., _ v__ AND The collective professional expertise of GPEC's councils and advisory groups - - - helps shape the organization's key initiatives, leverages connections to further business development and competitiveness efforts, and supports implementation of programs. Y_ _ , ' COMPETITIVENESS COUNCIL* HEALTHCARE Executives of key regional industries will LEADERSHIP COUNCIL* T convene and use data analysis and best Works to advance a healthcare initiative for -- practices to make policy recommendations the region and establish Greater Phoenix as that will lead to an improvement in the a center of excellence anchored by innovative e'N',i region's competitive position assets and world-class leadership COMMUNITY BUILDING INTERNATIONAL & CONSORTIUM* LEADERSHIP COUNCIL* Applies collective commercial real estate Advises on the direction and implementation experience to help capture business of GPEC's foreign direct investment efforts, = - development opportunities and increase the and provides guidance to increase program =' _ + region's transactional capabilities impacts ' ti ECONOMIC DEVELOPMENT MAYORS AND SUPERVISORS t `, ��` DIRECTORS TEAM COUNCIL i -. I i - Advises CEO and staff on local economic Convenes mayors of GPEC's municipalities T. '`_ -' development trends,offers insight on pulse and County supervisors for regular updates - of city/town council and partners with GPEC on strategic initiatives - T __ -___ to finalize location decisions RESOURCE DEVELOPMENT GPEC NEXT LEADERSHIP COUNCIL* COMMITTEE -7-_4- =� - Ensures the organization operates in a Guides resource development efforts and model that is innovative, integrated and executes fundraising strategies to ensure proactive sustainability of GPEC's programs and services *Eligibility determined by investment level or strategic appointment 12 FY 2016 ACTION PLAN _ ; t; x _ r GOVERNANCE ,___.,_-:._ . .,. ,-*, _ - ,....,„_4_ ,___ _ _.. , BOARD OF DIRECTORS EXECUTIVE COMMITTEE - Provides effective oversight of the Acts on behalf of the Board of Directors, ___ =� = - organization and helps shape GPEC's advising on strategic direction and overall '! Influence as a regional thought leader performance of annual goals � " _.S -� -- BOARD - LEVEL COMMITTEES _ -- PERFORMANCE COMMITTEE AUDIT COMMITTEE Evaluates the performance of the organization Assesses internal controls and oversees { and the President&CEO auditors and the annual audit NOMINATING COMMITTEE FINANCE COMMITTEE - Serves to nominate the At-large Directors and Sets financial objectives for the organization Board officers,and recommends candidates and recommends the annual budgets as part to the board for approval,based on of the Action Plan + nominations received from mayors of member communities AMBASSADORS .0 ,,. .,- __ -- .. . ± ------. 77 A...;. At the foundation of GPEC's engagement activity are Ambassadors, whose broad range of professional backgrounds lend critical assistance to regional business- _ -a climate improvement and business development efforts .`x -4 . AMBASSADORS AMBASSADOR : 4 ' Help communicate,educate and inform STEERING COMMITTEE -,-_- stakeholders,policy-makers,citizens Advises on strategic direction of - and media about key regional economic Ambassadors Program,designs activities »� F development issues relevant to and in support of GPEC's 3, 77 , .,... mission,serves as a sounding board "" `' CERTIFIED AMBASSADORS for emerging initiatives and supports , 4 Ambassadors who have satisfied program — --- Ambassadors of programs - criteria,qualifying them to serve as an .1 extension of the GPEC team Certified Ambassadors are given unique opportunities t - _i to interface more closely with GPEC's , 4 -- staff and board on program initiatives and <; - < mission-critical efforts - -- C :.-: r = �.- - "` ..s;. FY 2016 ACTION PLAN 13 ll 26' C- t 44• rt ♦ r��-tt glow,ter. s ! i -s♦ pl. � ,,ir- . ' 4111r ' ..... . ; ., r, . —I ail!w'' ' .11': ‘•') '� ! * t T =,.. , , - ...7:: ,!.."" , . .17,--- . ' _ , , . ' IS ,i; I •i t i 1 i , !I I r 13 t 1 • I jut. 1- ii : Li . i # i 41! : ' ti .. i ' Wit ..- •.xi 1a ild..f - -__.. _y._SA1 r r { ;': F — 41< . _ i.J 3 -. �.1?� , _ , 41' it -,,z5i 1 . — - ' ' r 41 -I,- 1, i rt .; . ' -!: ' --m.7, -I.. 1 ", - 1:1V1 '--.: ',.- ! : iir--- -� as-�- i 4%40 GPEC • ._.• , _ . . ..,,,. Ins., S STAKEHOLDER , _ , _ _ .......,..., •, „ ""4"V ,.,_. AS OF APRIL 15,2015 • zF �-..• , ' MEMBER COMMUNITIES - _. - r;- Maricopa County Gila Bend Queen Creek ' ' Apache Junction Gilbert Scottsdale Avondale Glendale Surprise 4 -- Buckeye Goodyear Tempe Casa Grande Maricopa Tolleson Chandler Mesa Wickenburg �n-- El Mirage Peoria Youngtown Fountain Hills Phoenix PLATINUM ,,f,,,...,, . :TT.. .-- Alliance Bank of Arizona Cox Communications Mayo Clinic „` i--=-- = American Airlines D L Withers Construction MidFirst Bank Apollo Education Group Dignity Health National Bank of Arizona APS DMB Associates Parkway Properties - -- Arizona Cardinals Ernst&Young Phoenix Suns -- Arizona Diamondbacks Freeport-McMoRan Polsinelli PC Arizona State University Copper&Gold Quarles&Brady --~ Bank of America Goodwill of Central Arizona RED Development = Banner Health Grand Canyon University Republic Media - = , BBVA Compass Intel Corporation Squire Sanders Cancer Treatment Centers Kitchell SRP of America Maracay Homes Valley Metro Chase Maricopa Wells Fargo CopperPoint Mutual Community Colleges 14 FY 2016 ACTION PLAN � s 3 e a a r -t_ rr- - ,-.%,r .,.`}t �* t' to w w `l. .,r, .:�,'. - f t C - s � � a Y4: , s., Aetna Green Loop Solutions Snell&Wilmer - _ _ - BOO Hensley Southwest Airlines = _.. -T F BlueCross BlueShield Hines Southwest Gas Corporation - r'o zi .. Infusionsoft Sun Health ( ' r tri^s 'el. JE Dunn Construction Sunbelt Holdings ate— _ r a >m, Jones Lang LaSalle Target Commercial Interiors __ Brycon Construction Layton Construction Thunderbird School - Bury Lee and Associates of Global Management j = • Canyon State Credit Union Lewis Roca Rothgerber Transwestern Commercial ` � -- CBRE Liberty Property Trust Services Celgene Corporation M+W Group Tratt Properties _= CenturyLink Macerich TriWest Healthcare Alliance `! t_= Chanen Development Co The McShane Companies TruPath - Colliers International Mentage Homes U S Bank Crescent Crown Distributing Mortenson Construction University of Arizona _ _ Cushman&Wakefield Nationwide Realty Investors USAA Daedalus Real Estate Northern Trust ViaWest Group .;. --. Advisors Okland Construction Ware Malcomb r- , .' Deloitte Opus Development Company Waste Management .> _ `' DTZ Phoenix Children's Hospital Weitz Company —" El Dorado Holdings Renaissance Companies Wespac Construction Empire Southwest Ryan Companies Willmeng Construction - Gammage&Burnham Saint Holdings Wist Office Products '" + .3. ,t- Gilbane Building Co Siemens Wood,Patel&Associates :, " . Goodmans Interior Structures Skanska USA Building : `___ Google SmithGroup `,-' j SILVER - :7-.'s, _ A T Still University Coe&Van Loo Consultants On Q Financial AM Arizona CORE Construction Osborn Maledon -f ." Ak-Chin Industrial Park Board CoStar Group PHX Architecture "' " Air Products and Chemicals Deutsch Architecture Group The Plaza Companies Arizona Business Bank Dibble Engineering Queen Creek/Landmark Co Arizona Community Ducks Moving&Logistics Radstad -t Foundation DIRTT --' Resolution Copper Mining - -- Arizona Office Technologies Fervor Creative St Clair Technologies Avnet Globe Corporation Sun State Builders ; Balfour Beatty Construction Hunt Construction Group Sunstate Equipment - Bank of Arizona Jennings,Strouss&Salmon Company = p BNSF KTAR Tallwave - ,,, T z Bristol Global Mobility Kutak Rock Ultimate Staffing Services e„ _ , - Brownstein Hyatt Merit Partners Volo Holdings = Farber Schreck Midwestern University Voit Real Estate Services = , CBIZ MHM MSS Technologies --" Clark Hill PLC NRG Thermal BRONZE _ _,_ -,,,,,.....- :-:, � _..... , „ The Alter Group Green Card Fund McCarthy Building Companies Applied Economics Hillwood Newmark Grubb Knight Frank Butler Design Group HonorHealth Plant Solutions Gallagher&Kennedy KPMG Sundt Construction - Guided Therapy Systems Land Advisors Organization Vermaland - _ - FY 2016 ACTIOPI PLAN 15 OS aft xis F-4' 3.,,, G 4. _ _ S C , - islit r gy� k '� L� tt S al Y r —�a — _- --' 1_ I Ma � t 's , r NM OM UM NM �. + - - MIMa ' -_ ._'- s... MOOM _ _ rM" i + + : r+ --e--- + , a + + =tr}-... , .__ _, .®. `,.-_ ""s ,:_z„....-- -.1 ,_--1 ,,,,_ --I+ ON $ N -=- : 4- + .,Ma + _ rr rT $ 4. OM - _ r Ma MN IM ano !'Te'Rz._. NM- _ - ,:,..r,__ -. _ inint, -,.....E _ - � -. "-_ .- ` MO :•Mill on -�w� on m - iimem +- --No r�=— ,_ woe - - 42_- _ � ".fS" - ., -...- �� _fir[ - I. = — _ _ _ mi .� -�..y. - _+um r ' _____ - .i ce -' _ - _' _ - :a "-_IOMrs_rya _ —7i.�}�w4 zy . -ate a- 1401 .t.. .4...... ..- OW --. - , _ x, '_MN _ - IIIII ON NW MO Greater Phoenix .: ma= �. MN ECONOMIC COUNCIL .• .3r",- a.. .." - ,;,•' - "" - - i =-- r Im MI 2 N Central Ave,Suite 2500,Phoenix,AZ 85004 ate' Phone 602 256 7700 fax 602 256 7744 -=+- --� _ www gpec org - _ angreater phoenix economic counciltor @gpec z s - ,.,;, a: """` r Om r facebooh.com/gpec4tobs You iubegpecgreaterphoemx ;,~�—MN ....., mos> Mil rj .; ,: � . �- ' * r =., .- , r' .r- 1 —;... ,. 1 ' EXHIBIT B GPEC PERFORMANCE MEASURES FY 2015-2016 Specific performance targets as established by the GPEC Executive Committee and Board of Directors 1 Payroll Generated $205.5M 2. Total Number of Jobs Created 4,794 3. Total Number of High-Wage Jobs 2,493 4. Average High-Wage Salary $51,574 5. Emerging Tech Assists 10 6. Number of Qualified Prospects 210 7. Number of Qualified International Prospects 37 8. Total Reach of Editorial Placements/Exposures 275M 418) GPEC continues to target high-wage industries Advanced Business Services,Advanced Manufacturing,Aerospace &Aviation,Logistics&E-Commerce,Mission Cntical,Emerging Technologies(including CyberSecunty& Educational IT),Healthcare&Biomedical,Renewable Energies. Page 1 of 1 EXHIBIT C TARGETED INDUSTRIES FY2015-2016 GPEC and our member communities have identified targeted industries on a local and regional level, incorporating these mdustnes into a regional economic development plan For fiscal year 2015-2016, GPEC will continue its emphasis on the following Advanced Business Services,Advanced Manufacturing,Aerospace&Aviation,Logistics&E-Commerce, Mission Critical, Emerging Technologies(including CyberSecunty&Educational IT),Healthcare&Biomedical; Renewable Energies Member communities will target the following Apache Junction Business services,environmental technologies research and manufactunng, standard and advanced manufactunng;regional and corporate centers,medical institutions and/or associated satellite operations, mining support facilities,resort/tourist-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,aerospace/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 El Mirage Busmess Services, standard and advanced manufactunng, transportation,warehousing/distribution,heavy industrial,food,fiber, and natural products; aerospace aviation Fountain Hills Advanced business services(professional,technical,and scientific services mcludmg finance and insurance);healthcare,medical,bio-life sciences and wellness,medical and educational institutions,arts, entertainment and recreation,retail Gila Bend Clean technology(manufacturing/central station generation/R&D), warehousing/transportation/distribution,military supply chain,tourism/hospitality,standard manufacturing,agnculture/agn-biotechnology,food,fiber and natural products;aerospace/aviation, heavy industrial Page 1 of 3 Gilbert Advanced business services,information communication technology; aerospace/aviation and defense, life sciences,clean and renewable technology;and related corporate/regional headquarters Glendale Advanced business services, aerospace and defense,education,healthcare/medical; hospitality/entertainment,manufactunng,renewable energy,technology 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 naturalproducts,trans ortati on/distribution standard manufacturing, p environmental technology; sustainability Maricopa (City) High-wage employers(salaries ave raging in at least 125%of the me dian wage in Mancopa County)that generate at least 80%of income from exporting goods and services outside the region Mesa Primary Target Industries Healthcare,education,aerospace/aviation/defense and tounsm/technology Secondary target industries Advanced business services; standard and advance manufactunng,regional and corporate centers,research&development,bioscience;medical devices 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 Bio-life sciences,advanced business services,manufacturing, sustainable industries and enterprises, higher education,world business,trade and FDI;and established/emerging enterprises,healthcare Queen Creek Aerospace and aviation,health and wellness, arts,culture and experience, education, clean and renewable energy and water,family/youth&children activity destinations Scottsdale Bio-hfe sciences, advanced business services;technology and innovation(including ICT and entrepreneurship/emerging enterprises),higher education, hospitality/visitor trade and commerce Surprise Energy(emphasis on renewable and firming), sustainability-centric industries,biomedical/medicine, advanced business services,manufacturing and distribution(emphasis on advanced manufacturing), education(K-12,and emphasis on higher education), semiconductor/microelectronics,aerospace and aviation; entrepreneurial/emerging technology 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 materials/plastics, senior industries, clean tech,renewable energy and manufacturing Page 2 of 3 Tolleson Aerospace and advanced matenals,food,fiber and natural products,transportation/distnbution,standard manufactunng,environmental technology, sustainabihty Wiekenburg Standard manufacturing,transportation&distribution,rail services,mining support facilities,renewable energy;healthcare and medical,educational institutions,tounsm and filmmaking;expanded retail operations Youngtown Youngtown is in the throes of developing a commerce park The park will target second-stage small manufacturers with some related retail and offices Page 3 of 3 /N EXHIBIT D FY 2015-2016 REPORTING MECHANISM FOR CONTRACT FULFILLMENT Monthly Activity Report - Month,Year 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 Indust;ies (Advanced Business Services,Advanced Manufacturing, Aerospace &Aviation, Logistics&E-Commerce, Mission Critical, Emerging Technologies(including CvberSecunty& Educational IT), Healthcare&Biomedical, Renewable Energies KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES 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 anse 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 categones 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 elS 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 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 msureds 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 contnbute 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 woi k ?silk performed by GPEC for the City 2. Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all nghts of subrogation against City, its officers, officials, agents, employees and volunteers for any and all losses ansing from work performed by the Contractor for the City 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 m limits except after thirty(30)calendar 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 Page 2 of 3 E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies m 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 ratmg 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 onginal 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 msurer 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 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 EXHIBIT F Regional Cooperation Protocol Policy Greater Phoenix Economic Council and Economic Development Directors Team The foundation of this policy is built on trust and the spent of regional cooperation among the entities involved GPEC and the Economic Development Directors of its member communities agree and acknowledge that r:is important that they work together as partners on projects involvmg the communities which GPEC represents, regardless of the source of the lead,as follows 1 Demonstrate a commitment to the positive promotion of the Greater Phoenix,specifically,GPEC member communities,as a globally competitive region 2 Maintain the highest standards of economic development prospect handling,including confidentiality, without jeopardizing a prospect's trust to secure the probability of a regional locate Partners agree to respect the prospect's request for confidentiality but also agree to notify each other as to the existence of a project with a confidentiality requirement when able and shall make a good-faith effort to involve the appropriate state,regional or local partners at the earliest possible time 3 Unless otherwise restricted,agree to coordinate through GPEC for any prospect considenng a project in Mancopa County or in any of the communities that GPEC represents,understanding that GPEC is in a unique position to represent and speak on regional economic development issues and on characteristics of the region's economy Likewise,GPEC acknowledges that communities are in the best position to speak about local incentives and efforts surrounding the local economy. 4 For projects that originate with a GPEC member community,GPEC will be available for confidential research access,topical expertise or as a service provider,to add value to the community in securing the project Additionally,GPEC will not e-track the project unless the community lead makes such a request to do so 5 Provide accurate and timely information in response to specific requests by all prospects When a client has narrowed sites to specific GPEC member communities,GPEC will make a good- faith effort to inform those affected EDDT members first EDDT members agree to provide information solely on their own community when the information requested is site-specific(i e,cost of land,taxes, development fees,utility availability and cost,zoning process timing,permit timing and local ^ incentives) When site-specific information related to other GPEC communities is requested,EDDT members agree to(i)direct GPEC prospects back to GPEC or(ii)direct non-GPEC generated prospects to contact the affected communities directly,and as a courtesy,contact the affected communities. 6 Agree that regardless of the lead source,public locate announcements shall be coordinated among the company,GPEC member community,and GPEC to reflect inclusiveness and cooperation of all partners (subject to any confidentiality requirements) 7 GPEC and EDDTs will advocate for a robust operating budget for the state economic development agency,and champion sound statewide economic development programs and policies. 8. Discourage the proactive offering of local,municipal financial incentives for existing jobs to companies with current operations in another GPEC community. 9 Inform GPEC member community when a company visits or physical site visit within that community will occur Economic Development Directors will be the pnmary point of contact for the company when community information is needed Page 1 of 2 OIN 10 Agree that the consideration of a future community to GPEC's membership will be brought before EDDT for discussion in advance of any board consideration EDDT will make a recommendation on the addition of a new community to GPEC's President and CEO 11 Formalize a process to convene GPEC and Economic Development Directors of GPEC member communities biannually,and cooperate in the exchange of information and ideas reflecting practices, procedures and policies relating to prospect handling and regional economic development 12 Work collectively to maintain a high level of trust and integrity by and between GPEC and the Economic Development Directors of GPEC member communities,utilizing differing views as an opportunity to learn 13 When conducting market intelligence initiative objective,GPEC staff will coordinate with EDDT to ensure coordination and communication 14 When a PIF is issued by the state economic development agency GPEC will coordinate the region's response. All PIF submissions will be directed to GPEC's attention and GPEC will assemble the response and return to the state economic development agency 15 It is understood GPEC will or may host annual executour(s)and/or other marketing familiarization tour(s)to promote the regional communities GPEC will make every attempt to provide as much interaction time between the executour guests and EDDTs It is understood EDDTS will inform GPEC of any upcoming executour(s)and/or other marketing familianzation tours scheduled by their office 16 Partners agree to enter into a mediation process if there is evidence that this Protocol has not been observed in a matenal respect or a professional conflict anses that cannot be settled This mediation process will be convened by the EDDT Chair,who may,at his/her discretion,consult or involve GPEC's President and CEO in addition to others with topical expertise central to the conflict Page 2 of 2 A..► AM III. City of Apache Junction, Arizona 300 E Superstition ABoulevard Y r A ache Junction,AZ 85119 ke, , �.. . Agenda Item Cover Sheet p .. Agenda Item No.5. 6 "rite File ID: 15-232 Sponsor Matt Busby Agenda Date. 7/7/2015 Index. In Control.City Council Meeting ..•► Consideration of approval of the city of Apache Junction Communications Plan Attachments• City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 11 Apache Junction Communications Plan "Public Relations is a strategic communication process that builds mutually beneficial relationships between organizations and their publics"—Public Relations Society of Amenca A transparent, open government is key to a fully functioning, effective and responsive democracy.At the core is well-developed communications planning The city of Apache Junction's Communications Plan provides a framework for the organization to establish improved two-way communication, improve stakeholder relationships and encourage more public engagement in the municipal process. Constructed to influence all activities that relate to communications within the organization,the Communications Plan outlines positive and achievable objectives that will help Apache Junction achieve its mission All city employees have a role in ensuring the success of the Communications Plan By working together to ensure the city's communication strategy is well coordinated and responsive to the needs of stakeholders,the city will achieve a more informed and engaged workforce,community and Council. This Communications Plan is intended to be a collaborative document The development and implementation of a comprehensive community survey and communications audit is important to obtaining usable data and analysis for future planning Doing so will help shape future communications goals and objectives The city is mindful of its diverse audience The audience is diverse not just in terms of age,but also in terms of access to technology and adoption of technology This is why the city will seek to continue to utilize a diverse mix of media delivery platforms including pnnt and digital From this mix, the city will disperse and gather its information. 1 OIN City Mission Provide residents and visitors with the finest municipal services City Values Trust Employees are forthright and honest and always act in a manner that is worthy of the trust of co-workers and the community Employees strive to act in accordance with this value Respect Employees respect others by treating them in a professional and courteous manner City staff treat customers in the way they would like to be treated while taking into account the other person's point of view. Accountability Employees take responsibility for their actions and for the foreseeable results of those actions by being personally accountable Openness Employees openly share information in a professional and timely manner. Efficiency Employees realize that they have an important obligation to complete work in an efficient, skillful and ethical manner Excellence Employees recognize accomplishments, develop skills and mentor others m a spent of continuing excellence Employees are dedicated to making Apache Junction the best place to live and work 2 fi Communication Strategy The Communications Division seeks to enhance the city of Apache Junction's two-way communications capacity, improve stakeholder relationships and deliver effective communications programs that help achieve the city's mission • Produce and distribute information that is timely, accurate, clear, accessible and responsive • Utilize a full range of communication tools to address each circumstance and public • Standardize the form and appearance of city communications so the public can easily recognize information being provided by the city of Apache Junction • Work collaboratively across the organization to ensure that information is complete, factual and timely • Respect access to information and the pnvacy nghts of residents and employees • Find and support opportunities for engagement to inform public policy • Create a culture of two-way communication and "communications excellence" practices II 3 CIS Audience The city's 37,130 residents are the primary audience The city collaborates with community members to enhance safety and create a thnvmg community This definition may be expanded to include visitors,residents of neighboring communities, or businesses The audience presents a broad and diverse group of people with different needs and interests It is necessary to consider a number of subgroups that identify audiences with similar communication needs Primary Stakeholders Residents Employees Businesses Volunteers Apache Junction Unified School Distract Churches Superstition Fire and Medical Distnct Civic Organizations Chamber of Commerce Media Water and Waste Water Providers Visitors Waste Collection Companies/Landfill Medical Care Providers Partners State of Arizona Arizona State Land Department Penal County Bureau of Land Management Mancopa County Mediacom/CenturyLink 4 Key Messages Apache Junction is a safe and livable community Apache Junction has a modern,highly trained public safety department There is a strong sense of community and neighborliness in Apache Junction Apache Junction has an abundance of outdoor recreational opportunities within minutes of downtown Apache Junction is business friendly and seeks to provide an environment where businesses can thrive 5 GOALS AND OBJECTIVES GOAL 1 - Communicate internally and externally in a timely, accurate and proactive manner,so that residents, city employees and the media remain knowledgeable on all information pertaining to the city. Objective 1 —Enhance communication planning within the organization. Tactic 1 —Create a comprehensive style guide for citywide use Tactic 2 — Streamline communication workflows and planning Tactic 3—Develop key messages for use across all media platforms Objective 2 -Improve public awareness of and access to city information. Tactic 1 - Improve consistency and frequency of key messagmg on the website Tactic 2 - Produce monthly video programming promoting city news, events, accomplishments and projects. Tactic 3 -Develop Social Media strategy Tactic 4 - Develop and distribute relevant press releases. Tactic 5 - Coordinate and facilitate community meetings Tactic 6 - Research and develop a web based community calendar Objective 3 - Improve employee knowledge of city information. Tactic 1 —Coordinate and produce Manager's Minute internal videos Tactic 2 - Survey and review how employees want to receive internal communications. Tactic 3 - Expand use of city's mtranet 6 it GOAL 2-Provide planning and information prior to, during, and following an emergency. Objective 1 —Maintain and improve the Communication Division's emergency preparedness efforts Tactic 1 - Update the city's emergency communication plan Tactic 2 -Disseminate and practice emergency activation plans with appropriate city staff Tactic 3 -Participate in regional emergency preparedness groups and training Objective 2—Create emergency planning content that emphasizes planning for an emergency Tactic 1 —Wnte and publish articles/press releases regarding recommended preparedness planning Tactic 2—Create social media content related to preparedness planning Tactic 3—Produce 3 to 4 short form preparedness planning videos 7 Pik GOAL 3-Provide tools and opportunities for the community to participate with the city in planning, budget and decision-making processes and encourage the community to engage in those processes. Objective 1 —Identify and create appropriate online/mobile opportunities to engage with residents, while also improving upon traditional methods currently being utilized /IS Tactic 1 —Assess effectiveness of current city tools and policies Identify additional tools and research best practices for possible implementation Tactic 2 - Inform residents about how to get involved and stay informed about city government utilizing public meetings, events, email and online tools Tactic 3—Redesign the city website with responsive, device neutral design methodology Objective Two—Form a communications group to help create and implement updated communication policies Tactic 1 - Identify and invite key members from departments to participate. Tactic 2 - Establish roles,outcomes and purposes of the group and any necessary subcommittees. OIS r ,-J City of Apache Junction, Arizona 300E Superstition .} Boulevard = i �� <"' Apache Junction AZ 85119 __ ;o, Agenda Item Cover Sheet re k'r Agenda Item No 6. ' File ID: 15-243 Sponsor. Spencer Paden Agenda Date 7/7/2015 Index' In Control. City Council Meeting Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for Fiscal Year 2014-2015 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 is to be adopted by the Library Board at a special meeting on June 25, 2015 Attachments ..r City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 401. City of Apache Junction, Arizona 300E Superstition Boulevard t '' `O Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 7 File ID 15-251 Sponsor Shane Kiesow Agenda Date 7/7/2015 Index In Control City Council Meeting Oak Consideration of award of contract to Ace Asphalt for the street maintenance crack-seal work in various locations in partial fulfillment of the Fiscal Year 2015-2016 Street Maintenance Plan The work would be through Mohave cooperative contract#14Y-ACE-0317 for a total not to exeed the amount of$248,798 06 Consideration and action Attachments• City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 CITY OF APACHE JUNCTION MAINTENANCE AGREEMENT Project No. PW2015-06 "Crack Sealing Maintenance" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and ACE ASPHALT OF ARIZONA, INC, an Arizona corporation, ("Contractor") , sometimes individually known as a "Party" and collectively referred to as the "Parties" RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in Proposal # Cit1005-22a, Cit1003-0ba, Cit1007-707, Cit1006-753, Cit1008-309, and Cit1004-639, all dated May 1, 2015 and Mohave Contract # 14Y-ACE-0317 (the "Contract Documents") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code ("A.J.C.C.") , Vol. I, Article 3-7, Procurement Procedure. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall' do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in the Contractor's estimates dated May 1, 2015, Exhibit A, including, but not limited to: A. Clean as needed and caulk all major cracks (1/4 inch and wider) with a hot-applied, rubberized crack sealer, excluding areas with alligator cracking B. Estimated crack sealer quantity is 11, 150 gallons for this project. Written permission from the City will be requested by Contractor if quantities are expected to exceed this amount C Provide traffic control for the duration of the project. .rr D Streets to be included under this project: a_ Broadway Ave. from Meridian Dr. to Idaho Rd. b_ Superstition Blvd from Meridian Dr. to Apache Trail (SR 88) c. Thunderbird Dr. area as shown in Exhibit B. d. Ironwood Dr from Apache Trail to Superstition Blvd. e. Southern Ave. from Ironwood Dr. to Idaho Rd. f Ironwood Estates II and Cortez Ranch subdivisions as shown in Exhibit C. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed $226, 180. 06 (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. 3. CONTRACT TERM: Contractor hereby fixes the time for Ad" completion of said Work as August 31, 2015. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will 2 occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City In the case of work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time .o. period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 3 Am. Contractor represents and warrants that any license necessary for Contractor to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, .•. and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses and pay all required taxes If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk' s Office. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents Contractor shall be responsible to City for the acts and omissions of its employees, .•. subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor Important communications shall be confirmed in writing The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project Work may progress during regular City business 4 p hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. Contractor' s duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 5 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City "^ All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies Contractor shall be solely responsible for the deductible and/or self ,.� retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. 6 p REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance �. with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 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 Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor' s Work, under this Agreement . Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto" , (Insurance Service Office, Inc Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards. If 7 1 hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover +� obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the Work; and, Employer's Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. By execution of this Agreement, Contractor certifies as follows. "I am aware and understand the provisions of A.R.S. § 23-900 et seq which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement. " If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer(s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85i19. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work and as evidenced by annual Certificates of Insurance 8 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial �. number and title Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents Neither Party to the contract shall 9 assign the contract or sublet it as a whole or delegate its duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages 20 SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times 21. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to .•. in writing. 22. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, p quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or material men due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, 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 10 entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor .r agrees that Contractor alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 23 . TERMINATION: A TERMINATION BY CITY• City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days '^ before such termination takes effect. 24. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 25. AMENDMENT It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted 11 below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this Agreement 26. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in Askcompliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 27. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R.S § 38-511 28. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement As required by A R S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A R.S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A R S. § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, 12 and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Ad .. Act and the E-Verify requirements contained in A.R.S. § 23- 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. i L 13 IN WITNESS WHEREOF the Parties hereto have caused this Agreement o be signed by their duly authorized representative as of this Lilt. day of L1tit,4 _ , 2015 Contractor: ACE ASPHALT A By: Title: Ron O'Connor- CFO City: CITY OF APACHE JUNCTION an Arizona municipal corporation By• John S. Insalaco Title: Mayor ATTEST: p Kathleen Connelly City Clerk APPROVED AS TO FORM- c:2g 6 fc2 [ Richard J. Stern City Attorney 14 Adak 40 IDDt "� Exhibit A(continued) (A i Proposal 3030south 7th street We're do it. Phoenix,AZ 85040-1163 jA S P HP LT Phone.{602;243-4100 Paving•Concrete•Earthwork Arizona California Nevada NewMexico Texas www.acea!phah.com Submitted To: Work To Be-Performed At: Proposal#Cit10O3-0ba City of Apache Junction 85219-Apache Junction(street work) May 04 2015 Shane Kiesow-(480)474-8516 Unknown&Unknown �r 575 E Baseline Ave Apache Junction,AZ 85219 Department of Public Works Apache Junction,AZ 85219 MOHAVE EDUCATIONAL SERVICE CO-OP BID: CONTRACT NUMBER: 14Y-ACE-0317 SPECIAL NOTE: The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will prevail over any and all terms and conditions stated in the proposal. Prices are valid until 5/31/15 . Crack Sealing:Superstition Blvd $39 448.12 BID SCOPE: Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied,rubberized crack sealer,excluding areas with alligator cracking Estimated crack sealer quantity Is Z375 gallons Written permission will be requested if quantities are expected to exceed this amount This estimate is based on 5 mobilizations with 2 crews per day Additional trips,if requested require repricing Traffic Control.Superstition Blvd $s,li74.00 Provide the following traffic control per day for crack sealing phase 68 each Small sign 10 SF 68 each Portable Sign Stand 55 each Type 1 Barricade 325 each 28"Traffic Cones 1 each Arrow Board(trailer mount) 136 each Sandbags(full) 12 each Flags on Dowels 2 each Traffic Control Plans(per project) 1 each Mobilization(Per Man Per Truck) 1 each De-Mobilization(Per Man Per Truck) 20 each 1 Man 1 Truck On Site Arizona State Materials Surcharge $1,3;4 3 Contractor's Licenses.AZ ROC 090990-A,ROC 166913-C-13 Page 1 of 3 Cit100:1 Oba CA 725402,NV 0076024;NM 366859 1 CEProposal City of Apache Junction Clt1003.0ba RSP ot.17, ...continued May 01,2015 Respectfully Submitted, Subtotal. S46,476.75 Estimated Tax: S0.00 Ron Er ckSf on Proposal Total' S46,476.75 Account Executive Phone (602)304-4162 Fax (602)304-4162 Email Ericksonr@ eesphalt.com NOTE:According to Arizona Law,any purchase order Issued with an aggregate total over$100,000.00 will need to have a payment and performance bond issued for 100%of the work performed.For additional information,please contact Mike Jensen at 602-304-4023. NOTE:When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number:14Y-ACE-0317,must appear on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the Work. Sales Tax may vary based upon completion time of the project and any tax rate changes made by the state,city or county regulations. TERMS: NET 30 DAYS AFTER COMPLETION OF WORK ACCEPTANCE: Ace Asphalt of Arizona,Inc.,is authorized to proceed with the work as specified. Payment will be made according to the terms listed above Authorized Signature Title Print Name Date Legal Property Owner Name Scheduling Contact Mailing Address Scheduling Contact Plane Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13 Page 2 of 3 Cit1003-0ba CA 725402;NV 0076024,NM 366859 i ....... ,i)70Exhibit A(continued) /4000 ---) r-icipt _ .,,,<..1-1)uk. Proposal 3030 South 7tlt scream We're on it. Phoenix,AZ 81040-1163 Phone.(602)243-4100 ASPHRLT , Paving Conaete•Earthwork Arizona California Nevada New Mexico Texas wwwaceasphalt.com Submitted Tot Work o Be Performed At: Proposal#Cit10044-639 City of Apache Junction 85219-Apache Junction(street work) May 01,2015 Shane Kiesow-(480)474-8516 Unknown&Unknown .m. 575 E Baseline Ave Apache Junction,AZ 85219 Department of Public Works Apache Junction,AZ 85219 MOHAVE EDUCATIONAL SERVICE CO-OP BID: CONTRACT NUMBER:14Y-ACE-0317 SPECIAL NOTE: The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-031.7 will prevail over any and all terms and conditions stated in the proposal. Prices are valid until 5/31/15 Crack Sealing Ironwood Road $32,991.23 BID SCOPE: Clean as needed and caulk all major cracks(1/4 Inch and wider)with a hot-applied,rubberized crack sealer,excluding areas with alligator cracking Estimated crack sealer quantity is 1,995 gallons Written permission will be requested if quantities are expected to exceed this amount This estimate is based on 4 mobilizations with 2 crews per day Additional trips,if requested require repricing large Crack Sealing(>2"):Ironwood Road $6,8,17.99 Fill cracks 2 inches and greater totaling up to 980 linear feet with poly patch crack filler and top with standard crack sealer. .r Written permission will be requested if quantities are expected to exceed this amount. This estimate Is based on 1 mobilization. Additional trips,if requested require repricing. Traffic Control'Ironwood Road $5,29719 Provide the following traffic control per day for crack sealing phase 68 each Small sign 10 SF 68 each Portable Sign Stand 55 each Type 1 Barricade 325 each 28"Traffic Cones 1 each Arrow Board(trailer mount) 136 each Sandbags(full) 12 each Flags on Dowels 2 each Traffic Control Plans(per project) 1 each Mobilization(Per Man Per Truck) 1 each De-Mobilization(Per Man Per Truck) Contractor's Licenses:AZ ROC 090990-A,ROC 166913-C-13 Page 1 of 4 Cit1004.639 CA 725402;NV 9076024,NM 366859 QQ1f�r, p Pro osal City of Apache 3unction Cit1004-639 ,:i. ._continued May 01,2015 ;RSRHRIT_ 20 each 1 Man 1 Truck On Site Arizoan State Materials Surcharge $1,297.03 Ask Ink Coatiadur's Lim AZ ROC 090990-A,ROC 166913-C-13 Page 2 or4 Cit1004-639 CA 725402,NV 0076024;NM 366859 1 jiCE!:` Proposal City of Apache Junction CIt1004-639 RSPMgL .. continued M y 01,2015 ResueLifully Submitted, Subtotal: $46,433.44 Estimated Tax. $0.00 Ron Erickson Proposal Total $46,433.44 Account Executive Phone.(602)304-4162 Fax.(602)304-4162 Email Ericksorvtiace8sPhaltcom NOTE:According to Arizona Law,any purchase order issued with an aggregate total over$100,000,00 will need to have a payment and performance bond issued for 100%of the work performed.For additional information,please contact Mike Jensen at 602-304-4023. NOTE:When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of Anzona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number.14Y-ACE-0317,must appear on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the Work. Sales Tax may vary based upon completion time of the project and any tax rate changes made by the state,city or county regulations. TERMS: NET 30 DAYS AFTER COMPLETION OF WORK. ACCEPTANCE. Ace Asphalt of Arizona,Inc.,is authorized to proceed with the work as specified.Payment will be made according to the terms listed above Authorized Signature The Print Name pate .0111S Legal Property Owner Marne Scheduling Contact Mailing Address Scheduling Contact Phone Contractors Licenses:AZ ROC 090990-A,ROC 166913-C-13 Page 3 of 4 Cit1004 639 CA 725402,NV 0076024,NM 366859 4 Exhibit A W / 006 7 Proposal 3030 South 7th Street We're on i t. Phoenix,AZ 85040-1163 Phone.(602)243-4100 ASPHRLT/ Paving•Concrete•Earthwork Arizona California Nevada NewMeloco Texas www.aceasphaltmm Sulzmitted To: Work To Be Performed At: Proposal#Cit1005-22a City of Apache Junction 85219-Apache Junction(street work) May 01,2015 Shane Kiesow-(480)474-8516 Unknown&Unknown .+•► 575 E Baseline Ave Apache Junction,AZ 85219 Department of Public Works Apache Junction,AZ 85219 MOHAVE EDUCATIONAL SERVICE CO-OP BID: CONTRACT NUMBER. 14Y-ACE-0317 SPECIAL NOTE: The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will prevail over any and all terms and conditions stated in the proposal. Prices are valid until 5/31/15 . Crack Sealing:Broadway Road $43,143.07 BID SCOPE: Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied,rubberized crack sealer,excluding areas with alligator cracking Estimated crack sealer quantity is 2,620 gallons Written permission will be requested if quantities are expected to exceed this amount. This estimate is based on 5 mobilizations with 2 crews per day. Additional trips,if requested require repricing Traffic Control Broadway Road $5,594.74 Provide the following traffic control per day for crack sealing phase Am, 52 each Small sign 10 SF 52 each Portable Sign Stand 50 each Type 1 Barricade 300 each 28"Traffic Cones 1 each Arrow Board(trailer mount) 104 each Sandbags(full) 12 each Flags on Dowels 2 each Traffic Control Plans(per project) 1 each Mobilization(Per Man Per Truck) • 1 each De-Mobilization(Per Man Per Truck) 20 each 1 Man 1 Truck On Site Arizoan State Materials Surcharge $1,494.37 Contractor's License AZ ROC 090990-A,ROC 166913-C-13 Page 1 of 3 Cit1005-22a CA 725902,NV 0076024,NM 366859 1 IOW ASINk Proposal City of Apache 3uncbon Citli,05-22a 5sariAf , continued Miy01,2015 Respectfully Submitted, Subtotal: $;0,23`18 Estimated Tax: $0.00 Ron Erickson Proposal Total: $50,232.18 Acmunt Executive Phone.(602)304-4162 Fax:(602)304-4162 Email Ericksonn§aceasphait-com NOTE;According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will need to have a payment and performance bond issued for 100%of the work performed.For additional information,please contact Mike 3ensen at 602-304-4023. NOTE:When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number.14Y-ACE-0317,must appear on your PO.Once Mohave approves the Po for compliance,they will notify Ace Asphalt to proceed with the Work. Sales Tax may vary based upon completion time of the project and any tax rate changes made by the state,city or county regulations. TERMS: NET 30 DAYS AFTER COMPLETION OF WORK. ACCEPTANCE: Ace Asphalt of Arizona,Inc,is authorized to proceed with the work as specified Payment will be made according to the terms listed above Authorized Signature Title Print Name Date /1111 Legal Property Owner Maine Scheduling Contact Mailing Address Scheduling Contact Phone Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13 Page 2 or 3 C1t1005-228 CA 725402,NV 0076024;NM 366859 a O Proposal 3030 South 7th Street Phoenix,AZ 85040-11 We're on it Ix Phone.(602)243-4100 CFi5PHRLT7 Paving•Concrete•Earthwork Arizona California Nevada New Meek° Texas www aceasphaitcom Submitted To: ork To Be Performed At: Proposal # Cit1007-707 City of Apache Junction 85219-Apache Junction (street work) May 01,2015 Shane Kiesow-(480)474-8516 Unknown &Unknown 575 E Baseline Ave Apache Junction,AZ 85219 Department of Public Works Apache Junction, AZ 85219 MOHAVE EDUCATIONAL SERVICE CO-OP BID: CONTRACT NUMBER: 14Y-ACE-0317 SPECIAL NOTE: The terms and conditions of Mohave Educational Services Co-Op Bid,Contract Number 14Y-ACE-0317 will prevail over any and all terms and conditions stated in the proposal. Prices are valid until Crack Sealing:Thunberbird Neighborhood $48,386.43 BID SCOPE: Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied, rubberized crack sealer, excluding areas with alligator cracking. Estimated crack sealer quantity is 2,570 gallons Note: A curing agent will be used to allow traffic to use the streets immediatly after application of the crack seal Written permission will be requested if quantities are expected to exceed this amount. This estimate is based on 8 mobilizations. Additional trips, if requested require repricing. Traffic Control:Thunberbird Neighborhood $2,205.84 ~rovide the following traffic control per day for crack sealing phase 4 each Mobilization (Per Man Per Truck) 4 each De-Mobilization (Per Man Per Truck) 40 each 1 Man 1 Truck On Site w Arrow board Note: An Arrowboard directing traffic around crew will be used when crack sealing on the collectors of 4th Ave and Thunderbird Dr. No traffic control will be used on residential streets as result of the application of a cunng agent in the crack sealing process. Arizoan State Materials Surcharge $1,522.90 Contractor's Licenses:AZ ROC 090990-A, ROC 166913-C-13 page 1 of 3 CIt1007-707 CA 725402;NV 0076024;NM 366859 ROE Proposal City of Apache Junction Cit1l)07-707 fiSpi4 ._ continued May 01,2015 Respectfully Submitted, Subtotal $5 2,115.17 Estimated Tax $0 00 Ron Erickson Proposal Total. $52,115.17 Account Executive Phone:(602)304-4162 Fax. (602)304-4162 Email:Ericksonr@aceasphalt corn NOTE:According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will need to have a payment and performance bond issued for 100%of the work performed. For additional information, please contact Mike Jensen at 602-304-4023. NOTE: When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number: 14Y-ACE-0317,must appear on your PO. Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the Work. Sales Tax may vary based upon completion time of the project and any tax rate changes made by the state, city or county regulations. TERMS: NET 30 DAYS AFTER COMPLETION OF WORK. ACCEPTANCE: Ace Asphalt of Arizona, Inc, is authorized to proceed with the work as specified. Payment will be made according to the terms listed above. Authorized Signature Title Print Name Date /°.• Legal Property Owner Name Scheduling Contact Mailing Address Scheduling Contact Phone Contractor's Licenses.AZ ROC 090990-A;ROC 166913-C-13 CA 725402;NV 0076024,NM 366859 Page 2 of 3 Cit100 it-707 p AIM Exhibit A (continued) (J / QO 7 Proposal 3030 South 7th Street CIE r Phoenbc,AZ 85040-1163 We're Oft it. Phone (602)243-4100 ASPFiRCa Paving•Concrete*Earthwork Arizona California Nevada NewMexico Texas www.aceasphaltoom Submitted To: Work To Be Performed At;. Proposal#Cit1008-309 City of Apache Junction 85219-Apache Junction(street work) May o1,2015 Shane Kiesow-(480)474-8516 Unknown&Unknown S75 E Baseline Ave Apache Junction,AZ 85219 Department of Public Works Apache Junction,AZ 85219 MOHAVE EDUCATIONAL SERVICE CO-OP BID: CONTRACT NUMBER:14Y-ACE-0317 SPECIAL NOTE: The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will prevail over any and all terms and conditions stated In the proposal. Prices are valid until 5/31/15 Crack Sealing:Ironwood Cortez Neighborhood $13.793.27, BID SCOPE: Clean as needed and caulk all major cracks(1/4 Inch and wider)with a hot-applied,rubberized crack sealer,excluding areas with alligator cracking. Estimated crack sealer quantity is 755 gallons. Note A curing agent will be used to allow traffic to use the streets immediatiy after application of the crack seal. Written permission will be requested if quantities are expected to exceed this amount This estimate Is based on 2 mobilizations. Additional trips,if requested require repricing Exclusions.Traffic control IOW Arizonn State Materials Surcharge ;430.63 Contractor's Licenses.AZ ROC 090990-A,ROC 166913-C•13 Page 1 of 3 Cit1008-309 CA 725402,NV 0076024,NM 366859 ACE. Proposal City of Apache Junction Cit1008-309 sar+ALTr ...continued Mal,01,2015 Respectfully Submitted, Subtotal: t,123,90 (11L-11/ Estimated Tax $0.00 Ron Erickson Proposal Total. $14,223.90 Account Executive Phone.(602)304-4162 Fax(602)304-4162 Email EricksonrOaceasphaltcom NOTE:According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will need to have a payment and performance bond issued for 100%of the work performed.For additional information,please contact Mike Jensen at 602-304-4023. NOTE:When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number:14Y-ACE-0317,must appear on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the Work. Sales Tax may vary based upon completion time of the project and any tax rate changes made by the state,city or county regulations. TERMS: NET 30 DAYS AFTER COMPLETION OF WORK. ACCEPTANCE. Ace Asphalt of Arizona,Inc,is authorized to proceed with the work as specified Payment will be made according to the terms listed above. Authorized Signature Title Print Name Date Aosilk Legal Property Owner Name Scheduling Contact Mailing Address Scheduling Contact Phone Contractor's Licenses:AZ ROC 090990-A,ROC 166913-C-t3 Page 2 of 3 CIt1008-309 CA 725402;NV 0076024;NM 366859 .r. bd/D 640 Exhibit A (continued) r~� Proposal 3030 South 7th Street Phoenby AZ 85040-1163 We're on it. Phone.(602)243-4100 ASPHRLT Paving•Concrete•Earthwork Arizona California Nevada NewMexlco Texas www.aceasphattcam Submitted To: Work To Be Performed At: Proposal#Cit1006-753 City of Apache Junction 85219-Apache Junction(street work) May 01,2015 Shane Kiesow-(480)474-8516 Unknown&Unknown 575 E Baseline Ave Apache Junction,AZ 85219 Department of Public Works Apache Junction,AZ 85219 MOHAVE EDUCATIONAL SERVICE CO-OP BID: CONTRACT NUMBER: 14Y-ACE-0317 SPECIAL NOTE: The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will prevail over any and all terms and conditions stated in the proposal. Prices are valid until 5/31/15 Crack Sealing:Southern Road $13,681.91 BID SCOPE: Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied,rubberized crack sealer,excluding areas with alligator cracking Estimated crack sealer quantity is 835 gallons. Written permission will be requested if quantities are expected to exceed this amount This estimate is based on 3 mobilizations Additional trips,if requested require repricing Traffic Control.Southern Road S2,540.45 Provide the following traffic control per day for crack sealing phase ... 31 each Small sign 10 SF 31 each Portable Sign Stand 30 each Type 1 Barricade 100 each 28"Traffic Cones 1 each Arrow Board(trailer mount) 62 each Sandbags(full) 12 each Flags on Dowels 2 each Traffic Control Plans(per project) 1 each Mobilization(Per Man Per Truck) 1 each De-Mobilization(Per Man Per Truck) 20 each 1 Man 1 Truck On Site y{76.26 Arzonn State Materials Surcharge Contractor's Licenses:AZ ROC 090990-A,ROC 166913-C-13 Page 1 of 3 Cit1006-753 CA 725402;NV 0076024;NM MS9 .r. qCE`; Proposal City of Apache Junction Cat1006-753 �A5pHnLT ...continued Mar 01,2015 ot Respectfully Submitted, Subtotal: $15,6�62 104 Estimated Tax: $0.00 Ran Erickson Proposal Total. $15,698.62 Account Executive Phone:(602)304-4162 Fax (602)304.4162 Email Erkicsonreaceasphalt.com NOTE:According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will need to have a payment and performance bond issued for 100%of the work performed.For additional information,please contact Mike Jensen at 602-304-4023 NOTE:When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number.14Y-ACE-0317,must appear on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the Work. Sales Tax may vary based upon completion time of the project and any tax rate changes made by the state,city or county regulations. TERMS: NET 30 DAYS AFTER COMPLETION OF WORK. ACCEPTANCE: Ace Asphalt of Arizona,Inc,Is authorized to proceed with the work as specified Payment will be made according to the terms listed above Authorized Signature TMe Print Name Date Legal Property Owner Name Scheduling Contact Malting Address Scheduling Contact Phone It Contractor's Licenses.AZ ROC 090990-A,ROC 166913-C-13 Page 2 of 3 CSt1006.753 CA 725402;NV 0076024,NM 366859 •�'r' City of Apache Junction, Arizona 300 E Superstition Boulevard .010011110 Agenda Item Cover Sheetlib,. icip Apache Junction,AZ 85119 ;-;� Agenda Item No 8 ems' File ID 15-255 Sponsor Bryant Powell Agenda Date.7/7/2015 Index In Control. City Council Meeting Ratification of clerical correction for the payment amount in Section 16 of the Separation Agreement between City of Apache Junction and George R Hoffman approved by council on June 16, 2015 Attachments City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 INTEROFFICE MEMO OFFICE OF THE CITY MANAGER TO: Honorable Mayor and DATE: July 7, 2015 Members of City Council FROM. Bryant Powell City Manager SUBJECT' GEORGE HOFFMAN SEPARATION AGREEMENT CORRECTION As you may recall, on June 16, 2015, the Mayor and City Council approved a separation agreement with then City Manager George Hoffman. After approval of the agreement, Human Resources staff discovered that the health care premium benefit calculated in the total amount of the separation agreement set forth in Section 16 of the agreement was based on the fiscal year 2015 "family coverage", resulting in a premium reduction in the amount of $1,836.16. Another complication was that there was a social security irregularity wherein the payments made to the Social Security Administration for George's social security benefits in the 1989 calendar year were understated, possibly due to the IRS reporting an incorrect figure for social security, the federal government not receiving the amount from the City or the City not sending the full amount. Staff estimates that the net present value for this benefit is $5,831.74. Consequently, the total payment in Section 16 of the agreement needs to be adjusted to address the health care premium benefit overpayment and the social security deficit with the following calculation: Separation Agreement Amount $ 98,423.91 Health Insurance Premium Overpayment - 1,836.16 $ 96,587.75 Social Security Deficit Net Present Value + 5,831.74 Readjusted Total: $ 102. 194 Mr. Hoffman executed the June 16' agreement and was issued two checks, one for $98,423.91 pursuant to the agreement and another for $3,995.58, which takes into account the above calculations. This makes Mr. Hoffman whole with respect to what he is entitled to under the terms of the June 16`h Separation Agreement. PG\,<Al Brya t Powell City Manager SEPARATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GEORGE R. HOFFMAN Acti This SEPARATION AGREEMENT is made and entered thiday of rve, , 2015 by and between the CITY O- APACHE JUNCTION, an Arizona municipal corporation (hereinafter the "City") and �• GEORGE R HOFFMAN (hereinafter "Employee"), both collectively being referred to as the "Parties", or individually as a "Party". RECITALS A. Employee began employment with the City on October 19, 1987, and has served as a full-time City Manager for City since December 4, 2002, and is now voluntarily separating from service with the City. B. It is the desire of City and Employee to enter into a written agreement (the "Agreement") in order to establish their respective rights, duties and obligations, resolve all claims and differences that may currently exist or that in the future may arise, and generally releases City from other claims or other matters that may not be specifically set forth hereinafter. AGREEMENT 1. Separation from Service. With legal consideration being received herein, City hereby permits and accepts Employee's separation from service with City effective 6:00 p.m. June 30, 2015. 2. Employment Information. City will after execution of this Agreement provide employment information to any prospective employers of Employee, such as Employee's name, title held, hire dates, and salary. 3. Consideration. Upon execution of this Agreement, the Parties agree the legal consideration of this Agreement consists of the following: 1) Employee is being provided an accrued benefits payment as more fully set forth in Section 16 below; 2) Employee promises not to file any action against the City; and 3) City promises not to protest any unemployment claim Employee chooses to file with the State of Arizona. 4. Release and Covenant Not To Sue. Employee agrees that he will not initiate or cause to be initiated against the City or any of its current, past, or future agents, attorneys, insurers, council members, elected officials, employees, subsidiaries, affiliated entities, or any person or entity acting by, through, under or in concert with it, in both their personal and official capacities (collectively referred to as "Released Parties") any lawsuit, compliance review, action, grievance proceeding or appeal, investigation or proceeding of any kind (collectively referred to as "claims"), or participate in same, individually or as a representative or a member of a class, under any contract (express or implied;, law or regulation (federal state or local), including but not limited to claims pertaining to or in any way related to his employment or termination of his employment with City. Employee agrees that pursuant to this Agreement, he releases and forever discharges City and the other Released Parties from any and all claims, demands, damages, causes of action, and any liability whatsoever, including but not limited to claims on account of or in any manner arising out of Employee's employment or separation from service with City. By way of example only, and without limiting this release, Employee releases Cii.y and the other Released Parties from any cause of action, right, claim or liability under Title VII of the 1964 Civil Rights Act, as amended, the Family and Medical Leave Act, the United States Constitution or Arizona Constitution, the Arizona Wage Statute, the Arizona Civil Rights Act, the Older Worker's Benefit Protection Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any other equal employment opportunity law or statute, any due process or other constitutional theory, any Arizona statute, any federal statute, any common law claim including wrongful discharge, implied or express contract, the covenant of good faith and fair dealing, or any other claim in tort or contract arising under any theory of the law. Employee understands and acknowledges that this release forever bars him from suing or otherwise asserting a claim against City or the other Released Parties on the basis of any event occurring on or before the effective date of this Agreement, whether the facts are now known or unknown, and whether the legal theory upon which such claim might be based is now known or unknown. 5. Provision for Unknown Claims. Employee warrants that he does not have any claim, charge, or complaint, either formal or informal, pending against City or any of the other Released Parties with any court, tribunal, administrative agency, governmental agency, or other such body. 6 Bar. Employee agrees that this Agreement may be pleaded as a complete bar to any action or suit with respect to any claim under federal, state or other law including, but not limited to, any claim relating to his employment or termination of employment from City. 7. Indemnification. Employee agrees to indemnify and hold harmless City and the other Released Parties from and against any and all loss, costs, damages or expenses, including attorney fees without limitation, arising out of a breach of this Agreement or the fact that any representation made herein was false when made. 8. Denial of Liability. No provision of this Agreement shall be construed as an admission by Employee or City of improper conduct, omissions or liability. 2 9 Notice of Time for Reflection Employee is advised as follows pursuant to the Older Workers' Benefit Protection Act, because he is over 40 years of age and in this Agreement he waives claims for age discrimination: (a) This Agreement constitutes written notice from City that Employee should consult with an attorney before signing this Agreement, and he acknowledges that he has fully discussed all aspects of this Agreement with his attorney to the extent he desires to do so. (b) Employee has carefully read and fully understands all of the provisions of this Agreement and he is voluntarily entering into this Agreement. (c) As part of this Agreement, Employee has been provided with consideration in addition to anything of value to which he is already entitled. (d) Because he is over 40 years of age, prior to waiving claims for age discrimination that Employee may have under the Age Discrimination in Employment Act, he may take up to twenty-one (21) calendar days to consider this Agreement before signing it. (e) In the event Employee chooses to sign this Agreement prior to the expiration of twenty-one (21) calendar days, Employee acknowledges that he voluntarily and knowingly agrees to waive his entitlement to take 21 days to consider this Agreement for the purpose of expediting the payment outlined in Section 16. (f) Employee may revoke this Agreement within seven (7) calendar Amok days after he signs this Agreement. If Employee wishes to revoke this Agreement, he or his counsel will notify City in writing, addressed to the Assistant City Manager at 300 E. Superstition Blvd., Apache Junction, AZ, 85119, delivered on or before the expiration of the revocation period, and will return the payment referenced in Section 2 in the form of a money order made payable to the "City of Apache Junction". (g) If Employee does not revoke this Agreement before the expiration of the seven (7) calendar day revocation period, the Agreement will become irrevocably effective and enforceable on the eighth (8th) calendar day after Employee signs it. (h) Employee is aware he is not waiving any rights or claims that may arise after the date this Agreement is executed. 3 (i) Employee understands that he is waiving all rights and claims he has, or may have under the Age Discrimination in Employment Act, 29 U.S.C. Section 626, et seq., and any other federal, state, or municipal law or regulation relating to age discrimination 10. Return of Property Employee shall immediately return all property of City in his possession, including, but not limited to, any keys or electronic key cards for City's facilities and any identity badges. 11. Mutual Understandings. This Agreement has been freely and fairly negotiated by the Parties hereto and each Party has been provided the opportunity to have the Agreement reviewed by legal counsel of their choice aid own expense and to modify the terms hereof and, therefore, this Agreement shall be construed and interpreted without any presumption, or other rule, requiring construction or interpretation against the interest of the Party causing this Agreement to be drafted. The Parties acknowledge this Agreement is subject to the Arizona Public Records Act. 12. Complete Agreement. This Agreement sets forth the entire Agreement between the Parties. 13. Choice of Law. This Agreement shall be construed, enforced, and governed by the laws of the State of Arizona, Pinal County, no matter where one of the Parties may be located when they signed the Agreement. The Parties waive any change of venue rights they may have. 14. Severability. City and Employee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the City and Employee as if such severance and reformation were not required. Unless prohibited by applicable laws, the City and Employee 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. 15. Effective Date. This Agreement is effective upon expiration of the seven- day revocation period outlined in Section 9. 4 16. Payment. City will provide Employee payment of all accrued sick, vacation, and personal leave time as well as the value of all medical and dental insurance premiums, deferred compensation and 401A Plan contributions, life insurance premiums, mobile device stipends and gas and car allowance had employee remained in City service through October 1, 2015 in a total amount not to exceed $98,423.91, less applicable state and federal withholding taxes and social security and medicare contributions as required by law. City shall provide Employee the payment in person or through the U S. mail on or before 6.00 p.m., July 1, 2015. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first above written. EMPLOYEE: jL -c- 4,72013 G orge R Hoffman Date (A- CITY: 4,,,, ,.---._-(_e--;-c-.__, zhn S. Insalaco,,,, e,_./ Date Mayor yo7 VAS' ATTEST. 77/ 1.--47:- -e:--/(-Az-ice.--t-f - .•. Kathleen Connelly P City Clerk APPROVED AS TO FORM: 629. 15 RICHARD J. STERN City Attorney 5 AM. Ilw ': City of Apache Junction, Arizona 300E Superstition .. Boulevard 5' Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 9 "T. ' 1/1.1'' File ID: 15-256 Sponsor Matt Busby Agenda Date- 7/7/2015 Index In Control-City Council Meeting Consideration of Resolution No 15-19, formally expressing the mayor and city council's commitment to advance diversity in the organization and community Attachments. City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 eiN RESOLUTION NO. 15-19 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING ITS COMMITMENT TO ADVANCE DIVERSITY IN THE CITY' S ORGANIZATION AND COMMUNITY WHEREAS, the City of Apache Junction ("City") encourages eIN diversity within the organization and community; and WHEREAS, the City is committed to fostering, cultivating and preserving a culture of diversity, inclusion, fairness, and equality. WHEREAS, the City recognizes every person has value and should be provided equal opportunity in the workplace, housing and hospitality throughout Apache Junction; and WHEREAS, the City respects individuality and what makes people different from each other creates a stronger and broader cultured community; and WHEREAS, the City acknowledges diversity adds to the overall quality of life in the community in the cultivation of new ideas, better understandings between residents and employees, and furthers community spirit NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) Pledge to work together as a community to respect diversity and inclusion. 2) Declare that a respect for diversity and inclusion are core values of Apache Junction. 3) To treat all people with dignity. 4) To discourage all forms of prejudice and support a strong work ethic, living and learning based on mutual respect and understanding. 5) To respect diversity of all individuals regardless of their age, color, ethnicity, family or marital status, gender RESOLUTION NO. 15-19 Page 1 of 2 identity, language, national origin, physical or mental disability, military or veteran status, race, religion, sexual orientation, socioeconomic background or any other personal characteristics . 6) To expand understanding of cultural diversity by increasing awareness and information as well as supporting and participating in local and regional events. 7 ) To present a united effort from businesses, non-profits, schools, government and clergy to advance a safer, more productive and inclusive community. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF , 2015. SIGNED AND ATTESTED TO THIS DAY OF , 2015 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk eiS APPROVED AS TO FORM. R. JOEL STERN City Attorney RESOLUTION NO. 15-19 Page 2 of 2 ROLL CALL VOTE NOTES blip./ E� 7 i ITEM # 1 MEETING OF -iNy P r t f••-i\1. MOTION BY. SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS / VICE MAYOR BARKER / COUNCILMEMBER RIZZI I COUNCILMEMBER WALDRON '4'/ COUNCILMEMBER SERDY V/ COUNCILMEMBER WILSON t/ / MAYOR INSALACO / UNANIM/iS IN FAVOR OPPOSED ABSTAINED TOTAL \, r►. CONSENT AGENDA ITEM NOS. 1-9 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND A,,� THAT APPROVAL BE GIVEN FOR THE CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES BETWEEN THE GREATER PHOENIX ECONOMIC COUNCI AND T E CITY OF APACHE JUNCTION IN THE AMOUNT OF $21,609.00,AND THAT BE APPOINTED/REAPPOINTED AS THE REPRESENTATIVE OF THE COUNCIL TO THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF DIRECTORS; AND THAT APPROVAL BE GIVEN FOR THE APACHE JUNCTION COMMUNICATION PLAN, AND THAT RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2014-2015 BE ACKNOWLEDGED, AND THAT THE AWARD OF CONTRACT FOR PW2015-06, CRACK SEALING MAINTENANCE IN VARIOUS LOCATIONS IN PARTIAL FULFILLMENT OF THE FISCAL YEAR 2015-2016 STREET MAINTENANCE PLAN, BE AWARDED TO ACE ASPHALT THROUGH MOHAVE COOPERATIVE CONTRACT#14Y-ACE-0317 FOR A TOTAL AMOUNT NOT TO EXCEED $248,798.06; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT A CLERICAL CORRECTION FOR THE PAYMENT AMOUNT IN SECTION 16 OF THE SEPARATION AGREEMENT BETWEEN GEORGE R HOFFMAN AND THE CITY OF APACHE JUNCTION APPROVED BY COUNCIL ON JUNE 16, 2015 BE RATIFIED; AND THAT RESOLUTION NO 15-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING ITS COMMITMENT TO ADVANCE DIVERSITY IN THE CITY'S ORGANIZATION AND COMMUNITY, BE APPROVED. AMOK A.criFir City of300 E Superstition Apache Junction, Arizona Boulevard � n ; Agenda Item Cover Sheet Apache Junction,AZ 85119 o Agenda Item No 10 File ID: 15-249 Sponsor Chip Wilson Agenda Date 7/7/2015 Index In Control. City Council Meeting Presentation of a check to Mayor John S Insalaco, Chief of Police Thomas E Kelly and Superstition Fire and Medical District Chief Paul Bourgeois by representatives of the Superstition Horsemen's Association, East Valley Back Country Horseman, the Crazy Horse Saddle Shop and the Apache Junction Mounted Rangers Attachments: City of Apache Junction,Arizona Page 1 Printed on 8/29/2015 47Tr City of Apache Junction, Arizona 300 E Superstition • r Boulevard I 'µ Agenda Item Cover Sheet Apache Junction AZ 85119 Vkb. >. Agenda Item No. 11. 'r4i• File ID: 15-233 Sponsor: Bryant Powell Agenda Date. 7/7/2015 Index. In Control. City Council Meeting p City manager's report Attachments City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 p 4.., T«� City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 A t o Agenda Item Cover Sheet Agenda Item No 12 17:4- File ID 15-257 Sponsor Bryant Powell Agenda Date 7/7/2015 Index. In Control. City Council Meeting Presentation and discussion by staff on the Arizona Department of Tourism's Governor's Tourism Award for Special Events - Rural Attachments. City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 .t, . ` � City of Apache Junction, Arizona 300 E Superstition 5 Boulevard 4 o, Agenda Item Cover Sheet Apache Junction,Az as„s ‘v Agenda Item No 13 '� 't File ID: 15-231 Sponsor Heather Patel Agenda Date 7/7/2015 Index. Community Development In Control.City Council Meeting Amik Presentation, discussion and consideration of proposed Resolution No 15-25, Committing Local Funds as Leverage for Fiscal Year 2015 Community Development Block Grant and State Special Project Applications in the amount of$117,779 00 Application requirements for submission of CDBG and SSP applications include a resolution if local funds are committed to the project The resolution binds the city to leverage funding if the submitted applications as identified in Resolution No 14-39 are awarded Should the application (s) be denied, the city is not liable for these funds Attachments• City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 RESOLUTION NO 15-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AND STATE SPECIAL PROJECTS ("SSP" ) APPLICATION (S) WHEREAS, the City of Apache Junction adopted Resolution No 14-39 which authorized submission of an application (s) to the State of Arizona Department of Housing ("ADOH") for CDBG and SSP Funding, and WHEREAS, that applications indicate that $117, 779 00 will be committed by the City of Apache Junction as leveraged funds, in the form of cash or resources to be used to complete the community projects; and WHEREAS, the CDBG Program requires that all local leveraged funds/resources be committed in the form of a resolution by the governing body, and that such a commitment contain an opinion by the applicant ' s legal counsel that the leveraged funds represent a binding commitment, legally enforceable under State laws NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS 1) The Mayor and City Council hereby commit $117, 779 00 in funds and resources to the FY15 CDBG and the FY15 SSP Program, to be used for project costs, contingent upon the receipt of the grant assistance . 2) That the Mayor and City Council of the City of Apache Junction hereby find that this commitment is legally binding based on the legal opinion of the City attorney, and that such funds will be available for an audit at the termination of the grant, if required by ADOH RESOLUTION NO. 15-25 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2015 . SIGNED AND ATTESTED TO THIS DAY OF 2015 . JOHN INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney RESOLUTION NO 15-25 PAGE 2 OF 2 eN effit 4i4H A z Cit ofA ache Junction .Y �4P'Z°`" Development Services Department MEMORANDUM /'1 DATE. June 24, 2015 TO: The Honorable Mayor and City Council THROUGH George Hoffman, City Manager Larry Kirch,Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Administrator SUBJECT. Consideration of proposed Resolution No 15-25, Committing Local Funds as Leverage for Fiscal Year 2015 Community Development Block Grant and State Special Project Applications REQUEST Staff respectfully requests the city council review,discuss and approve Resolution No 15-25, Committing Local Funds as Leverage for Fiscal Year 2015 ("FY15") Community Development Block Grant("CDBG")and State Special Project ("SSP")applications BACKGROUND Since 1974, the United States Department of Housing and Urban Development("HUD") has provided^ assistance to local communities through the CDBG and SSP Programs These Programs were established to help communities address the following national objectives 1) Meet the needs of low and moderate income citizens, 2) Prevent/elmmmnate slums and blight m a community; and/or 3) Address urgent needs to the health/welfare of a community A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization Apache Junction has participated in the CDBG program since 1982 The City of Apache Junction is eligible to submit applications to the Arizona Department of Housmg for both the CDBG and SSP funding. The city completed the public participation process and the city council adopted Resolution No 14-39 on November 18, 2014 approving the followmg applications to be submitted CDBG—Sidewalk installation in the Grand Ocotillo Main neighborhood in the amount of$132,417 SSP —Lighting installation in the Smythe neighborhood in the amount of$300,000 DISCUSSION As part of the application requirements for submission of CDBG and SSP applications,a resolution is required if local funds are committed to the project Under the SSP program, leverage funding is ranked and rated higher when applications are being reviewed. The resolution binds the city to leverage funding if the submitted applications as identified in Resolution No 14-39 are awarded Should the application(s)be denied, the city is not liable for these funds The following budget is proposed CDBG Grant funding Leverage funding Construction $141,399 00 $108,582 00 $32,817 00 Administration $23,835 00 $23,835 00 $0.00 Total $165,234 00 $132,417 00 $32,817 00 SSP Grant funding Leverage funding Construction $344,962.00 $260,000 00 $84,962 00 Administration $40,000 00 $40,000.00 $0 00 $384,962.00 $300,000 00 $84,962 00 The proposed leverage funding is allocated in the city's budget under non-departmental grant leverage funding. RECOMMENDATION Staff respectfully recommends the city council review, discuss and approve Resolution No. 15-25, OIN Committing Local Funds as Leverage ACTION REQUIRED Review and consideration of Resolution No. 15-25, Committing Local Funds as Leverage Attachment One. Resolution No 15-25 2 ROLL CALL VOTE (' - NOTES: / / \t7 h ill 1)) < ITEM # MEETING OF rf MOTION BY 1/411 SECONDED BY /ES NO ABSTAINED COUNCILMEMBER WALDRON I COUNCILMEMBER EVANS V COUNCILMEMBER SERDY ;` VICE MAYOR BARKER V COUNCILMEMBER WILSON y! COUNCILMEMBER RIZZI MAYOR INSALACO u� UNANIMOIS IN FAVOR OPPOSED ABSTAINED TOTAL \; oink ITEM NO. 13 I MOVE THAT RESOLUTION NO 15-25, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")AND STATE SPECIAL PROJECTS ("SSP")APPLICATION(S), (BE APPROVED) OR(BE DENIED). City of Apache Junction, Arizona 300 E Superstition fTarrsit 1. Boulevard Apache Junction AZ 85119 re _{ o Agenda Item Cover Sheet • Agenda Item No. 14. "r1 �tr File ID: 15-250 Sponsor. Bryant Powell Agenda Date 7/7/2015 Index- In Control. City Council Meeting Selection of date, time and location for a joint meeting of common community interests between the City of Apache Junction City Council and Town of Queen Creek Town Council Attachments- City of Apache Junction,Arizona Page 1 Printed on 6/29/2015 Ask ROLL CALL VOTE NOTES: \ f \CN i (6 C4N inlik )\4\j i A - A 1 I ITEM # MEETING OF MOTION BY: 0/\1/2 , SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY 4� , COUNCILMEMBER RIZZI ✓ COUNCILMEMBER EVANS I COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO V UNANIM9S IN FAVOR OPPOSED ABSTAINED TOTAL V IC' /m sook Ask ITEM NO. 14 I MOVE THAT A JOINT MEETING OF COMMON COMMUNITY INTERESTS BETWEEN THE CITY OF APACHE JUNCTION CITY OUNCIL AND THE TOWW„Oy\WEEN CREEK TOWN CO CIL E HELD ON AT 14\\{\)1th 11 IME) (DATE) (LOCA ON) ROLL CALL VOTE NOTES I d(I /\ i1 i1i ITEM # 6MEETING OF 1 MOTION BY ..--9)\1/1/Nr- SECONDED BY. ji( d' YES NO ABSTAINED VICE MAYOR BARKER V COUNCILMEMBER WALDRON J COUNCILMEMBER WILSON COUNCILMEMBER EVANS ✓ COUNCILMEMBER RIZZI V COUNCILMEMBER SERDY MAYOR INSALACO17 UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL Adlabk kk ITEM NOS. 15-16 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 20, 2015, 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 21, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: 1/6' / S REG 1/1//S SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO VICE MAYOR BARKER ,l V COUNCILMEMBER EVANS ✓ ` COUNCILMEMBER RIZZI I/ COUNCILMEMBER SERDY •t/ COUNCILMEMBER WALDRON COUNCILMEMBER WILSON ✓r / TOTAL CITY STAFF: / 1 /7 City Manager Bryant Powell v 117 Assistant City Manager City Clerk Kathleen Connelly h/ !� City Attorney Joel Stern Public Safety Director Tom Kelly ✓� Public Works Director Giao Pham Parks & Recreation Director Jeff Bell t' Library Director Spencer Paden -'�� Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director Larry Kirch Human Resources Director Liz Riley Assistant to the City Manager Matt Busby OTHERS erg( '1) �17� Date: " /5 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR �// Call to The Public A (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes9( Nor Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. 6_ c_eit_ty<__ 5 IN ko Name (P"rint) Y lam! ( \ � ) 2- u Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes)gt Noo Only If Necessary ❑ i o I am in favor of the proposed Item. o I am opposed to the proposed Item. 1/0✓ CO)e-o-LOt 1 Name (Prim s Ro q 1 $ I Ac+ g3119 Address City I Zip Code If go —982- '7274 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12